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i - . I ' . . � . . . _ _ . . .. . <br /> •. I <br /> � <br /> allowed by this Dec}aration, and to make improvements in the Units and Common Element to ' <br /> accommodate the exercise of any special declarant rights_ <br /> ]�b.2 RiQhts to Relocate Boundaries, Subdivide, Convert, or Combine Uniks. To {i) <br /> relocate the boundaries of any Unit owned by it, or (ii} create additional Units, Ca on <br /> Elements, and Limited Common Elements, or any combination thereof, by the subdivis on, <br /> partition;`conversion, or combining of any Unit or Unifs owned by it, as authorized by the ct. <br /> The maximum number of additional Units that may be created within the Contlominium purs ant <br /> t�this Section 16_2 is 5. <br /> i6.3 Sales Facilities. To construct, operate, and maintain one or more than one m del <br /> Unit, an�i other development, sales, and rental facilities within the Common Elements, nd <br /> within any Units owned or Leased by Declarant from time to time, located anywhere on the . <br /> Property. <br /> I .4 Si�ns. To erect and maintain signs and other sales displays offering the Units for <br /> sale or]�se,wrthin any Unit owned by Declarant and on the Common Elements. <br /> i6.5 Easements. To have and use easements, for Declarant, Declarant's employ es, <br /> contractors, representatives, and agents and prospective purchasers, through and over the <br /> Commor� Elements For the purpose of exercising its special declarant rights. � <br /> 16.6 Control of Association: To cantrol the operation and administratian of the <br /> Association, induding without limitation the power to appoint and remove the members of the <br /> Board p4rsuant to Section S 15B.3-103 of the Act, until the earliest of: {i) voluntary surrende of <br /> control by Declarant, (ii} an Association meeting which shall be held within sixty days fter <br /> conveyance to Owners other than Declarant of sevenry-five percent of the total number of U its <br /> authorized to be included in the Property, or {iii) the date three years followin� the date o the <br /> .first conireyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, the I <br /> Owners other#han Declarant shall have the right to nominate and eiect not less than thirty-t ree � <br /> and one-third percent of the directors at a meeting of the Owners which shall be held within s xcy <br /> days fal',lowing the conveyance by Declarant of fifty percent of the total number of U its + <br /> authoriz�d to be included in the Property. � <br /> 16.7 Consent to Certain Amendrnents. Declarani's written consent sha11 be requ red <br /> for any amendment to the Governir►g Documents or the Rules and Regulations which directl or <br /> indirectly affects Declarant's rights under the Governing Documents or the Act. <br /> I <br /> SECTION 17 <br /> �, MISCELLANEOUS , <br /> 17.l . Severabilitv. lf any term, covenant, or provision of this instrument or any ex ibit <br /> attached hereto is held to be invalid or unenforceahle for any reason whatsoever, ch <br /> determination shall not be deemed to alter, affect, or impair in any manner whatsoever any o her <br /> portion c�f this Declaration or exhibits attached hereto. � <br /> 17.2 Construction. Where applicable, the masculine gender of any word used he ein <br /> shall mean the feminine ar neutral gender, or vice versa, and the singular of any word sed <br /> herein sihall mean the plural, or vice versa. References to the Act, or any sections thereof, s all <br /> n�iPLs-word 9szs,.�1 37 <br />