HomeMy WebLinkAbout0638 K. Whenever tlie contaxt so rewires, the use of any
gender shall be deemed to include all genders, and the use of the
singular ehall include the plural, and ths plural shall include the
sinqular. The provisions of the Declaration shall be liberally con-
strued to effectuate ite purpose of creating a uniform plan for the
operation of the condominium.
L. The real property submitted to condominium ownership
herewith is subject to conditions, limitations, restrictions and
all matters of record, appl3cable zoninq ordinances now existing or
which may hereafter exist, easements for ingress and egress for i
pedestrian and vehicular purposes, easements for utility service and
drainage now existinq or hereafter granted by the Developer for the
benefit of such persons as the Developer designates. During the
period of time that the Developer has the right to grant the fore-
going easements, the consent and approval of the Association and its
easements shall be subject to said easements not structurally
weakening the building(s) and improvements upon the condominium pro-
perty nor unreaeonably interferiag with the enjoyment of the condo-
minium property by the Association's members.
The Condominium Association and 3ts members, the Property
Owners' Association and its members, the beveloper, its successors
and assigns, are hereby granted an easement for inqress and egress
over, through and across the paved area of the common elements, other
than the parkinq spaces, which is intended for vehicular and pedestrian
traff ic, and such parties are further granfed a pedestrian easement
over, through and across sidewalks, paths, halls, lobbies, elevators,
center cores, lanes, and public areas of the condominium building(s),
improvements and land and recreation area(s) and facilities. The ;
Condominium property may be so located as not to be abutting, conti-
guous or adjacent to any public street, road, or right of way. Where
such is the case, the Developer covenants to provide access from the
nearest public street, road or right of way to the condominium pro-
perty for ingress and egress for vehicular and pedestrian traff ic.
Where applicable, the access easement referred to herein are as ~
designated in Exhibit I annexed to this Declaration. The access
~easements provided above are hereby granted by virtue of the execu- ~
tion of this Declaration and Exhibits attached, by the Condominium
Association and the Developer, to each other and the Developer's
~ designees including the condominium association and its members and
~ owners or lessees ~f lands adjacent thereto as determined by the ~
E Developer. _ ~
M. The captions used in this Declaration and Exhibits
annexed hereto are inserted solely as a matter of convenience and
shall not be relied upon and/or used in construing the effect or
meaning of any of the text of this Declaration or Exhibits hereto
annexed. , -
N. Where an institutional f irst mortgage by some circum-
stances fails to be a first mortgage, but it is evident that it is
intended to be a f irst mortgage, it shall nevertheless, tor the
purpose of this Declaration and Exhibits annexed, be deemed to be
an institutional f irst mortgage. j
O. If any term, covenant, provision, phrase, or other -
element of the condominium documents is held invalid or unenforce-
able for any reason whatsoever, such holding shall not be deemed to
affect, alter, modify, or impair in any manner whatsoever, any other
term, provision, covenant, or element of the condominium documents.
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