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<br /> <br />4810-5342-0509, v. 2 <br /> 48 <br /> <br />rights of Declarant under this Declaration may be assigned to any successor(s) by an express assignment <br />in a recorded instrument, including without limitation, a deed, option or lease. This Declaration shall not be <br />construed to limit the right of Declarant at any time prior to such an assignment to establish additional <br />licenses, reservations and rights-of-way to itself, to utility companies, to Governmental Entities, or to others <br />as may be reasonably necessary to the proper development and disposal of property owned by Declarant. <br />9.5 Control of Access into the Community. Until development of the Community is <br />complete and Declarant has concluded sales, leasing or other marketing programs, Declarant shall have <br />the exclusive right to control all aspects of the operation of any and all Community entry facilities, if any, <br />(including, without limitation, locking the Community entry facilities in an open position for sales purposes, <br />and opening any or all of the Community entry facilities to provide access for construction traffic in <br />accordance with Applicable Laws). Consequently, access into the Community may be open to the public <br />for an extended period of time. At such time as Declarant relinquishes its right to control the operation of <br />all of the Community entry facilities, such facilities will be owned, operated and controlled by the <br />Association. The presence of entry facilities in the Community is not a warranty or representation by <br />Declarant that any security is being provided to any Owner or to any Owner’s Residence, person or <br />property. <br />9.6 Declarant Exemptions. None of the covenants, restrictions and limitations set forth in <br />Article 2 (Use Restrictions), Article 8 (Design Review) or elsewhere in this Declaration shall be applied to <br />the development, construction, marketing or sales or leasing activities of Declarant or construed in such a <br />manner as to prevent or limit development, construction, marketing, leasing or sales activities by Declarant. <br />This Section shall not be amended or removed without Declarant’s prior written consent so long as <br />Declarant owns any portion of the Property or Annexable Property. Declarant and any Person to whom <br />Declarant has assigned all or a portion of its rights as Declarant under this Declaration is exempt from the <br />restrictions established under Article 2 (Use Restrictions) and Article 8 (Design Review). <br />9.7 Declarant’s Veto Right. Declarant has the right to veto the Association actions listed in <br />this Section. This veto right shall terminate on the date on which Declarant no longer owns any Property <br />or Annexable Property. The following actions are subject to Declarant’s veto: (a) any change in the general, <br />overall architectural and landscaping design of the Community; (b) all decisions of the Design Review <br />Committee, any decisions made on appeal to the Board, and any decision to terminate the Design Review <br />Committee; (c) the decision to terminate the Board; (d) modifications to level or frequency of maintenance <br />of Association Property or to the Maintenance Obligations; and (e) any significant reduction of Association <br />Property services, the amount of Assessments or entering into contracts for maintenance or other goods <br />and services benefiting the Association or the Association Property at contract rates which are fifteen <br />percent (15%) or more below the reasonable cost for such maintenance, goods or services as determined <br />pursuant to the Maintenance Obligations. <br />9.8 Participation in the Association. <br />9.8.1 Observation of Open Meetings. Until Declarant no longer owns any portion of <br />the Property or Annexable Property, the Association shall provide Declarant with written notice of all <br />meetings of the Board and Declarant shall be entitled, without obligation, to have a representative present <br />at all such Board meetings, excluding any meetings while the Board is in executive session. In furtherance <br />of Declarant’s rights and the performance of the obligations of Declarant, the Association and Owners under <br />the Right to Repair Act, Declarant shall have the right to observe and speak at open meetings of the Board <br />in accordance with this Section. Commencing on the date on which Declarant no longer has a <br />representative on the Board, and continuing until the date of expiration of all applicable statutes of <br />limitations or repose for the filing of a complaint or suit or other legal remedies against Declarant by the <br />Association under the Right to Repair Act (including any tolling periods): (a) the Association shall provide <br />Declarant with written notice of all meetings of the Board that is open for any Owner to attend (each, an <br />“Open Meeting”); (b) Declarant shall be entitled to have its representatives attend all Open Meetings and <br />speak (during the Owner comment period) on matters governed by the Right to Repair Act, including <br />maintenance and repair of Association Property, Units and Improvements thereon; and (c) Declarant <br />representatives shall be entitled to receive copies of the minutes, proposed minutes and summary minutes <br />301