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9E Consent
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9E Consent
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4/1/2022 12:14:39 PM
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4/1/2022 12:13:31 PM
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Reso 2022-047 Approve Parcel Map 11257 for 3081 and 3089 Teagarden Street
(Approved by)
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\City Clerk\City Council\Resolutions\2022
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DSCC-57520\2494968.2 12 September 17, 2021 <br />shall be done in a manner that does not unreasonably interfere with the Owners’ and Occupants’ use and <br />enjoyment of their Unit. <br />4.2 Association’s Maintenance and Landscaping Obligations. Except to the extent maintained <br />by the Owners as described in Sections 4.1 and 4.2, the Association shall maintain in good condition and <br />repair at all times the Common Area Improvements, including those described in Sections 4.2.1 through <br />4.2.4. In performing the Association’s maintenance obligations the Association shall comply with the <br />standards and guidelines described in Section 4.3. <br />If the Association requires access to a Unit in order to maintain any Improvements maintained by <br />the Association as described herein, including the Utility Facilities described in Section 2.3.2, the <br />Association shall provide the Unit Occupants with such prior notice as is reasonable under the <br />circumstances and no less than ninety-six (96) hours’ prior notice except in the event of an emergency. <br />Owners must cooperate with the Association in providing the necessary access. Any Owner failing to <br />cooperate shall be liable for any costs incurred by the Association in rescheduling inspections and any <br />other costs incurred by the Association in maintaining Improvements that could have been avoided had <br />timely access been granted. The Association may levy a reimbursement assessment as authorized in <br />Section 6.5 to recover its costs. <br />4.2.1 Common Area. The Association shall maintain all of the Common Area <br />Improvements, including, but not limited to, foundations and all other structural components, siding, trim, <br />roof, and doors to the exterior of the Condominium building (repainting only; Owners shall repair and replace <br />pursuant to Section 4.1.1). <br />4.2.2 Exclusive Use Common Area. The Association shall maintain in good condition <br />and repair the parking lot, including Exclusive Use Common Area parking spaces and loading areas. The <br />Owners are responsible for the remaining Exclusive Use Common Area appurtenant to their Units as <br />described in Section 4.1.2. <br />4.2.3 Utilities. Unless otherwise maintained by a government entity or regulated utility <br />company, the Association shall maintain in good condition and repair all utilities and sanitary sewer and <br />storm drainage facilities serving the Common Area, including, but not limited to, meters, distribution lines, <br />catch basins, storage tanks, HVAC equipment, including condensers, wires, ducts, flues, pumps, boilers, <br />and pipes, but excluding any utility equipment and fixtures located within a Unit or partially within the <br />Common Area and within the Unit, such as electrical outlets. <br />Utility lines that exclusively serve a Unit shall be maintained by the Owner of the Unit. Certain <br />electrical lines serve the Common Area but are wired to one or the other Unit, such as electricity for lighting <br />the parking lot. Each Owner shall be responsible to maintain the electrical lines wired to the Owner’s Unit <br />and shall not interfere with the provision of electricity to the parking lot or other exterior lighting. <br />The Association shall be responsible for the maintenance of any utility lines that cross one Unit and <br />exclusively serve another Unit, provided that costs incurred by the Association to maintain any utility <br />equipment exclusively serving one Unit shall be allocated to the Unit exclusively served by the utility. <br />Notwithstanding the foregoing, the Association may allow the Owner of the dominant tenement to perform <br />the inspection and maintenance, including that the Condominium Owner may be required: (i) to provide, <br />prior to the commencement of any work, an occurrence-based general commercial liability policy against <br />any claims arising out of or related to the work naming the Owner of the servient tenement as an additional <br />insured and containing such commercially reasonable terms and conditions as the Association shall <br />approve; (ii) to provide, prior to the commencement of any work, appropriate collateral to secure the timely <br />performance of the work and timely payment for all labor and materials; (iii) to acknowledge and agree that <br />the Owner immediately shall repair any damage to any Improvement or personal property within the servient <br />tenement resulting from maintenance; and (iv) to acknowledge and agree to defend, indemnify and hold <br />the Owner of the servient tenement harmless from any claims, liens, causes of action, losses, damages, <br />judgments or costs, including attorneys’ fees, resulting from the work.
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