Last Update 22 November 2012

Section 6.01. Easements and Licenses.

  1. Access. Declarant expressly reserves for the benefit of the Unit Owners in the Project reciprocal, nonexclusive easements for access, ingress and egress over all portions of the Common Areas made up of the Improvements on the Property and nonexclusive licenses over all other portions of the Common Areas, including any driveways currently existing in the Project or subsequently add thereto, which easements and licenses may be conveyed by sublessor or Grantor to Unit Owners and to the Association for so long as Sublessor or Grantor owns any interest in the Project. Subject to the provisions of this Declaration governing use and enjoyment thereof, such easements and licenses may be used by Grantor, its successors, purchasers and all Unit Owners, their guests, tenants and invities, residing on or temporarily visiting the Project, for walkways, vehicular access, parking and such other purposes reasonably necessary for use and enjoyment of a Condominium in the Project. 'The Board, with a vote or written consent of a majority of each class of Members, shall have the right to grant easements over those portions of the common Areas made up of the improvements on the Property and nonexclusive licenses over all other portions of the Common Areas to any Person after close of Escrow for the first sale of a Condominium in Phase 1.

  2. Maintenance and Repair. Declarant expressly reserves for the benefit of the Board of Directors and all agents, officers and employees of the Association, nonexclusive easements over all portions of the Common Areas made up of the improvements on the Property and nonexclusive licenses over all other portions of the Common Areas as necessary to maintain and repair the Common Areas (including the Restricted Common Areas), and to perform all other tasks in accordance with the provisions of this Declaration. Such easements and licenses over the Common Areas shall be appurtenant to and shall pass with the title to every Condominium conveyed.

  3. Restricted Common Areas. Declarant expressly reserves for the benefit of Unit Owners exclusive easements and licenses for the use of those Restricted Common Areas for patios and decks, as shown and assigned in the Condominium Plan.

  4. Utility Easements. Declarant expressly reserves for the benefit of the Association the right of Sublessor or Grantor to grant additional easements and rights-of-way over the Project to utility companies and public agencies, as necessary, for the proper development and disposal of the Project, until Close of Escrow for the sale of all Condominiums in the Project.

  5. Encroachments. Grantor, the Association and Unit Owners of contiguous condominiums shall have a reciprocal license appurtenant to each of the Condominiums over the Condominiums, the Common Areas for the purpose of (1) accommodating any existing encroachment of any wall of the building, and (2) maintaining the same and accommodating authorized construction, reconstruction, repair. shifting, movement or natural settling of the buildings or any other portion of the Project housing their respective Unit. There are specifically reserve for the benefit of the Unit Owners easements and reciprocal negative easements for utility services and repairs, replacement and maintenance of the same over all of the Common Areas. The foregoing easements an licenses shall be used so as not to unreasonably interfere with the use and enjoyment by the Unit Owners of adjoining Condominiums. No portion of the Common Areas including, without limitation, any amenities contemplated as a part of the Project, are proposed to be leased by Grantor to the Unit Owner* or to the Association.

Section 6.02, Rights of Entry. The Board of Directors shall have a limited right of entry in and upon the Common Areas and the exterior of all Units for the purpose of inspecting the Project, and taking Whatever corrective action may be deemed necessary or proper by the Board of Directors, consistent with the provisions of this Declaration. However, nothing herein shall be construed to impose any obligation upon the Association to maintain or repair any property or improvements the maintenance or repair of which is the responsibility of the Unit Owner. Nothing in this Article VI shall in any manner limit the right of the Unit Owner to exclusive occupancy and control over the interior of his Unit. However, a Unit Owner shall permit a right of entry to the Board of Directors or any other person authorized by the Board of Directors, as reasonably necessary, such as in case of any emergency originating in or threatening his Unit, whether the Unit Owner is present or not. Furthermore, a Unit Owner shall permit other Unit Owners, or their representatives, to enter his Condominium for the purpose of performing required installation, alterations or repairs to the mechanical or electrical services to a Condominium, provided that such requests for entry are made in advance and that entry is at a time reasonably convenient to the Unit Owner whose Unit is to be entered and provided further that the entered unit is left in substantially the same condition as existed immediately preceding such entry. In case of an emergency, such right of entry shall be immediate. Upon receipt of reasonable notice from the Association (which shall in no event be less than seven (7) day), each Unit Owner shall vacate his or her Unit in order to accommodate efforts by the Association to eradicate the infestation of wood destroying or other pests and organisms from the Common Areas or to perform any other maintenance or repairs pursuant to the Declaration. The Board shall have the right of entry to the Units and the right to remove Unit Owners from their Units, as necessary, to accomplish its duties as provided herein. The cost of eradicating any such infestation or of performing any such maintenance or repairs shall be a Common Expense of the Association; however, each Unit Owner shall bear is or her own costs of temporary relocation.

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