|
I
<br /> \�� � t .
<br /> ' • I
<br /> �
<br /> SECTION ]1 � '
<br /> I
<br /> R CONSTRUCTION, CONDEMNATION,AND EMINENT DOMAlN ,
<br /> I 1.1 Reconstruction. The obligations and procedures for the repair, reconstruction, o � �
<br /> disposition f the Property following damage or destraction thereof shall be governed by the Act.
<br /> Any repair r reconstruction shall be commenced as soon as practicable after the casualty an
<br /> shall be sub tantially in accordance with the pians, specifications, and design of the Property as
<br /> initially con tructed and subsequentiy imgroved. Notice of substantial damage or destruction
<br /> shall be give as provided in Section 15.10. �
<br /> 1 1.2 Condemnation and Eminent Domain. In the event of a taking of any part of th
<br /> Property by�Condemnation or eminent domain, the provisions of the Act shall govern; provided,
<br /> {i) that noti e shall be given as pravided in Section 15.10, (ii) that the Association shall be the
<br /> attomey-in- ct to represent the Owners in any related groceedings, negotiations, settlements, o
<br /> agreements, and (iii) that any awards or proceeds shall be payable to the Association for the i
<br /> benefit of th Owners and th�mortgagees of their Units. Eligibte Mortgagees shall be entitled to �
<br /> priority for ondemnation awards in accordance with the priorities established by the Act and th �
<br /> Goveming ocuments, as their interests may appear.
<br /> , 11_3 Termination and Liquidation. The terinination of the Condominium, and the
<br /> distribution f any proceeds therefrom, shall be governed by the Act. Any distribution of funds
<br /> shall be bas d upon the value of the Units as determined by their retative value for properiy�
<br /> insurance p rposes, and shall be made to Owners and their mortgage holders, as their interestsi� _
<br /> • may appear,as provided in the Act. i
<br /> 11.4 Notice. The Association shall give written notice of any condemnatio
<br /> proceedin�s or substantial destruction of the Property to the •Etigibie Mortgagees entitled to
<br /> notice under Section l 5.10. �
<br /> �
<br /> 11.5 Association's Authority. ln al] cases involving reconstruction, condemnation, '
<br /> eminent do ain, tennination or liquidation of the Condominium, the Association shall hav
<br /> authority to j act on behalf of the Owners in all proceedings, negotiations, and settlement o
<br /> claims. All proceeds shall be payable to the Association to hold and distribute for the benefit o
<br /> the Owners�nd their mortgage holders,as their interests may appear,in accordance with the Act.
<br /> , SECTION 12
<br /> I �'I
<br /> � EASEMENTS
<br /> T:ze ollowing appurtenant easements and rights are hereby granted,canveyed, dedicated,
<br /> and reserve on,over,under,and across the Property,as applicable.
<br /> 12.1 Utilities, Services, and Ooeratine Svstems. The Common Elements and the Uniis
<br /> shall be subject to and benefited by nonexclusive easements in favor of the City, the Association
<br /> and all utilit companies and other service providers for the installation,use, maintenance, repai
<br /> and replace ent of all utilities, services and common operating systems, such as natural gas,
<br /> electricity, able TV, security, telephone and other electronic communications, water, sewer,
<br /> MPLS-Wocd 95281.11 77
<br /> �
<br /> j
<br />
|