Condominium Declaration - Laserfiche WebLink

Home Browse Search

, � 12.11 Declarant Rights and Easements. The Units and the Common Element are - subject to exclusive easements and rights in favor of Declarant for the exercise of its decl rant rights as described in the Governing Documents,and for the periodic inspection of the Unit and the Common El�ments during any warranty periods and thereafter to review the condition f the i Property and Building systems and to determine whether Unit and Building mainte ance . requirements are being followed. � 12.12 Duration, Restrictions, and Use. The rights and easements granted or reserv d by this Section 12 shall be permanent, shall run with the land unless otherwise expressly indic ted, and shall be subject to the following qualifications: 12.12.1 i�e easements shall supplement and not limit any easements desc ibed clsewhere in this Declaration or any oiher recorded instrument 12.12.2 The easements shatl be subject to reasonable regulation by the Association and shall be subject to such reasonable limitations as to location and ro ting as may be established by the Association or any governmental authority. 12.]2.3 The easements shall include reasonable access over, under, and a ross the Property to maintain, repair, replace, and reconstruct the easement areas and any improvements located thereon. 12.12.4 No Person shall materifllly restrict or impair any easement benefiti g or burdenin� .the Property, or any equipment or improvements relating to the ease ent, subject to this Declaration and the right of ihe Association to impose reasonable ules and Regulations governing the use of the Property. 12.12.5 No improvements shall be erected or maintained, no excava ion, . grading or reshaping shall be undertaken, and no fll or other material shall be place , in an easement area, which may damage or interfere with the installation, use or maintenance of such area, or which may change or irnpede the intended flow of ater through any drainage easement area. 12.12.6 Persans exercising easement rights shall {i) take reasonable ca to avoid damaging the Property or creating safety hazards; (ii) promptly repair any da age ' to the Property which they or their caused; (iii) promptly reimburse the Associatio for i all costs incurred by it for repairing damage to an easement area caused by the Pers or the Person's invitees; and {iv) hold harrnless, indemnify, and defend the Associa ion, other Owners, and the officers and directors of the Association, from and agains all claims, damages, losses, and other liabilities arising out of the exercise of the ease ent rights. 12.12.7 Declarant's easement rights described in this Declaration hall terminate when Declarani no longer owns a Unit. 12.12.8 No grant, dedication, or creation of an easement under this Declar ion shal] constitute a dedication of the easement area or the use thereof to the public, it b ing the intent of th'is Declaration that the Common Elements be and remain priyate pro rty MPLS-Word 95281.11 3�