|
q. ' t I �
<br /> ', • � I
<br /> �
<br /> ' SECTION ]1 •
<br /> I RECONSTRUCTION, CONDEMNATION,AND EMINENT DOMAIN
<br /> 11.1 Reconstruction. The obli�ations and procedures for the repair, reconstructi , or �
<br /> disposiCion cf the Property following damage or destruction thereof shall be governed by the Act. _
<br /> Any repair or reconstruction shall be commenced as soon as practicabie af�er the casualt and
<br /> shall b� substantially in accordance with the plans, specifications, and design of the Prope as
<br /> initially; canstructed and subsequentiy improved. Notice of substantial damage or destrci tion
<br /> shall be,given as provided in Section 15.]0.
<br /> 11.2 Condemnation and Eminent Dornain. In the event of a taking of any part f the
<br /> PropertY by condemnation or eminent domain, the provisions of the Act shall govern; pro�ded,
<br /> {i) that notice shall be given as pravided in Section 15.10, (ii) that the Association shall the
<br /> attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlemen s, or
<br /> agreem�ents, and (iii) that any awards or proceeds shall be payable to the Association f r the
<br /> benefit'of the Owners and the mortgagees of their Units_ Eligibte Mortgagees shall be entit ed to
<br /> priorit�for condemnatian awards in accordance with the priorities established by the Act a d the �
<br /> Gavemiing Documents, as their interests may appear.
<br /> , 11.3 Termination and Liquidation. The termination of the Condaminium, anl the
<br /> distribution of any proceeds therefrom, shall be governed by the Act. ,4ny distribution of nds
<br /> shall b� based upon the value of the Units as determined by their relative value for pr perty
<br /> insurance purposes, and shall be made to Owners and their rnortgage holders, as their int rests
<br /> � may appear,as provided in the Act. .
<br /> 11.4 Notice. The Association shall give written notice of any conde ation
<br /> proceedings or substa�tial destruction of the Property to the ,Eligible Mortgagees entitl d to
<br /> noticeµnder Section I 5.10. �
<br /> �
<br /> � 11.5 Association's Authoritv. ln all cases involving reconstruction, condem tion, '
<br /> eminent domain, tennination or liquidation of the Condominium, the Association shali have
<br /> author�ty to act on behalf of the Qwners in all proceeciings, negotiations, and settlem nt of
<br /> claims: Al1 proceeds shall be payable to the Association to hold and distribute for the ben fit of
<br /> the Owners and their mortgage holders,as their interests may appear,in accordance with th Act_
<br /> ' SECTION 12
<br /> I '
<br /> � EASEMENTS
<br /> The fcllowing appurtenant easements and rights are hereby granted,canveyed, dedi�Cated,
<br /> and reserved on, over, under,and across the Property,as applicable. �
<br /> I ]2.1 Utilities, Services, and Operatine S st�s. The Common Elements and the Units
<br /> shall e subject to and benefited by.nonexclusive easements in favor of the City, the Asso iation
<br /> and al utility companies and other service providers for the installation, use, maintenance,repair
<br /> and r placement of all utilities, services and common aperating systems, such as natur 1 gas,
<br /> electril ity, cable TV, security, telephone and other electranic communications, water, ewer,
<br /> MPLS-V,�ord 95281.11 �7
<br /> �
<br /> I
<br /> I I
<br />
|