HomeMy WebLinkAbout0095 F. Easement for unintentional and non-negligent encroachments . In the event that any
apartment shall encroach upon any common property for any reason not caused by the pur-
poseful or negligent act of the apartment owner or owners, or agents of such, an easement
shall exist for the continuance of such encroachment onto the common property for so long as
such encroachment shall naturally exist: and, in the event that any portion of the common
property shall encroach upon any apartment. then an easement shall exist for the continuance
of any encroachment of the common property into any apartment for so long as such encroach-
ment shall naturally exist. _
G. Common Elements . The comman elements include the land and all other parts of the
condominium not within the dwelling units .
H. Construction of Improvements on Balance of Atlantis Condominiums . The apartment
owners recognize that the Developer may have the balance of the property at Adantis under
! development for an extended rime. Incident to that development. the apartment owners ac-
i knowledge that the quiet enjoyment.of their apartments and the Condominium property may be
~ interferred arith to some extent by the Developer's construction operations on the balance of
Ailantis . From time to time Developer has presented to the,public certain renderings, plans
~ ~nd models showing possible future development of Atlantis Developer does not warrant in
~ any way the schemes in these renderings, plans or models or actually how the future im-
~ provements in Atlanris will be developed. Owner accepts that any such renderings, plans or
n~odels are primarily schematic and in no way represent a final development plan of Atlantis .
~ Further, as a material condition for ownership of an apartment, the owner releases the Developer
~ of any claim that he might have against the Developer for the future development of Atlantis ,
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such as but not limited to such renderings, plans or models. Owner acknowledges and agrees
~ that the Developer will have sole right of design. construcrion, development, and improvements
~
of future Condominiums at Adantis . This does not apply w property under construction or
that which is being sold. The apartment owners of Atlanris. as a material condition to their
~=i ownership of an apartment, waive all claims against the Developer for interference with their
~ quiet enjoyment occasioned through development of the balance of Atlantis, whether the con-
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~ struction operations are performed in the balance of Atlantis, or in the common elements in-
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cident to the construction operations.
;v~ ARTICLE V
A~ AMENDMENT OF PLANS
`T A. Alteration of aparrn:ent plans . Developer reserves the right to change the interior
- design and arrangement of all units, and to alter the boundaries between units. as long as
Developer owns the units so altered . No such change shall increase the number of dwelling
units nor alter the boundaries of the common elements without amendment of this Declaration
:;;~1 by approval of the Association, dwelling unit owners, and owners of mortgages in the manner
= elsewhere provided. If Developer shall make any changes in units so authorized, su~h changes
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