|
<br />
<br />4810-5342-0509, v. 2
<br /> 47
<br />
<br />9.1.1 Access. Declarant and its agents, contractors and subcontractors shall have
<br />the right to obtain reasonable access over and across the Association Property or do within any Unit owned
<br />by it whatever is reasonably necessary or advisable in connection with the completion of the Community
<br />and the development, marketing and maintenance thereof, and Declarant and its contractors and
<br />subcontractors shall have such rights of access over and across the Association Property for purposes of
<br />satisfying any obligation of Declarant that Declarant has secured by a bond in favor of Governmental
<br />Entities.
<br />9.1.2 Construct Improvements. Declarant and its contractors and subcontractors
<br />shall have the right to erect, construct and maintain on the Association Property or within any Condominium
<br />owned by Declarant such structures or Improvements, including, without limitation, sales offices and signs,
<br />as may be reasonably necessary for the conduct of its business to complete the work, establish the
<br />Community as a residential community and dispose of the Community or other communities owned by
<br />Declarant by sale, lease or otherwise, as determined by Declarant in its sole discretion and to perform or
<br />complete any work to improvements required for Declarant to obtain a release of any bonds posted by
<br />Declarant with Governmental Entities.
<br />9.1.3 Grant Easements. Declarant shall have the right to establish and/or grant
<br />such easements and rights of way on, over, under or across all or any part of the Association Property to
<br />or for the benefit of Governmental Entities or public organization, or any public utility entity or cable
<br />television provider, for the purpose of constructing, erecting, operating and maintaining Improvements
<br />thereon, therein or thereunder at that time or at any time in the future. The Governmental Entities
<br />furthermore are granted an easement across the Association Property for ingress and egress for use by
<br />emergency vehicles of the Governmental Entities.
<br />9.2 Size and Appearance of Community. Declarant shall not be prevented from increasing
<br />or decreasing the number of Condominiums that may be annexed to the Community or from changing the
<br />exterior appearance of Association Property structures, the landscaping or any other matter directly or
<br />indirectly connected with the Community in any manner deemed desirable by Declarant, provided Declarant
<br />obtains governmental consents required by Applicable Laws. The nature, design, quality and quantity of
<br />all Improvements to the Association Property shall be determined by Declarant, in its sole discretion.
<br />9.3 Marketing Rights. Declarant shall have the right to: (a) maintain structures (including
<br />model homes), signs, billboards, sales offices, storage areas and related facilities on any portion of the
<br />Property as are necessary or reasonable, in the opinion of Declarant, for the sale, leasing or disposition of
<br />any Condominiums; (b) use such portions of the Condominiums as may be necessary or advisable to
<br />complete the sale or leasing of the Condominiums; (c) maintain construction, leasing and/or sales offices
<br />within the Property; (d) place signs, flags, banners, balloons and other promotional advertising materials
<br />on the Condominium Buildings and other portions of the Property during the marketing and leasing of
<br />Condominiums or any grand opening; (e) provide ongoing maintenance, operation, service, construction,
<br />punch out, and repairs to any portion of the Units and other Improvements within any portion of the Property;
<br />(f) change the appearance of portions or all of the Property, or change the development plan if Declarant
<br />complies with Applicable Laws; (g) enter within or upon the Property in exercising the inspection and cure
<br />rights granted to Declarant under any other warranty rights or obligations; (h) make reasonable use of the
<br />Association Property and facilities for the sale of any Condominium; and (i) conduct their business of
<br />disposing of the Condominiums by sale, lease or otherwise.
<br />Any easement rights reserved by Declarant for marketing, sales or leasing shall continue until Declarant
<br />has conveyed all of the Units within the Property and Annexable Property to Owners under a Public Report,
<br />and any easement rights reserved by Declarant in favor of Declarant for any construction, inspection or
<br />cure purposes shall be for a term and duration co-extensive with Declarant’s, interest in any portion of the
<br />Property or Annexable Property.
<br />9.4 Title Rights. This Declaration shall not be construed to constitute a limitation on
<br />Declarant’s title rights to the Annexable Property prior to its Annexation, nor shall it impose any obligation
<br />on Declarant or any other Person to improve, develop or annex any portion of the Annexable Property. The
<br />300
|