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HomeMy WebLinkAbout1010 service to the F.uture Development Property. Such easements over and across the property constituting the Section 1 Condominium as may be necessary to provide such maintenance are hereby granted by 1 Association on behalf of itself and all Section 1 Unit Owners to Equities and its successors and assigns as the - owners of the Future Development Property which easements shall be appurtenant to and run with the Future Development Property and all portions thereof . . 6. Assessments for Certain Expenses . A. Affirmative Covenant to Pay Expenses . In order to provide ~ for the maintenance, preservation, repair, reconstruction and operation of (i) the streets and other improvements contained on the Entry Way and the Section 1 Property so as to keep same in good condition for use for ingress and egress as contemplated by this Agreemznt; (ii) the portions of the Sec- tion 1 Sewage System herein contemplated to serve and which do serve both the Future Development Property and the Section 1 Condominium <including , but not limited to, the Section 1 Lift Station and the costs of electrical ser- vice with respect thereto as well as the costs imposed by the applicable utility authority or other provider of the sewage service for such sewage service to the Section 1 Condominium and the Future Development Property as a• whole); (iii) the portions of the Section 1 Water System herein contemplated to serve and which do serve both the Future Development and the Section 1 Condomin- ium as well as the costs imposed by the applicable utility authority or other provider of potable water for such water• service to the Section 1 Condominium and the Future Development Property as a whole; (iv) a guardhouse (if there be one) at the westerlymost portion of the Entry . Way as well as the street lighting, sprinklers, plantings and care of the lawn within the Entry Way or hereafter located within that portion of the Section 1 Property which is a continuation of the Entry Way to the Future Development Property (such portion of the Section 1 Property being now known as High Point Boulevard); and (v) two pumps regulating and aiding the drainage of surface water within - both the property constituting the Section 1 Condominium and the Future Development Property; (all of such costs of all of the foregoing being herein- after referred to as the "Operating Expenses") there is hereby imposed upon all Contributing Units the affirmative covenant and obligation to pay their proportionate share of the Operating Expenses as hereinafter more particularly set forth. ~ As to any condominiums declared upon any portion of the ~ Future Development Property and as to the Section 1 Condominium, the condo- ! minium associations responsible for operating such condominiums shall recog- ~ nize all "Assessments" (as hereinafter defined) under or pursuant to this s Agreement against any Contributing Units forming a portion of such ~condo-. ~ minium as a part of the "Common Expenses" (as such term is presently defined ~ in the Act) of such condominium. ~ Notwithstanding anything to the contrary herein contained, if, ~ ~ by the use of ineters or similar devices, the water usage and/or relative ~ amounts of sewage disposal service as between the Section 1 Condominium and the Future Development Property have been determined, ~ the c~sts of such service to the Section 1 Condominium and Future Development Property as a whole shall not be included within the Operating Expenses to be assessed to . ~ all Contributing Units as hereinafter set forth but, rather, the costs of such service attributable to the Section 1 Condominium (based on usage as evi- ~ denced by the meters or other similar devices) shall be apportioned amongst the Contributing Units in the Section 1 Condominium and the costs of such ~ service attributable to the Future Development Property (based on usage as ~ evidenced by the meters or other similar devices) shall be apportioned amongst ~ the Contributing Units in the Future Development Property. ~3 ~ ~ ~ y ~ 5 ~ ~ "~4 FacE 0~.~ 301 1 BUOK ~ ~ ' ~ ~ ~ ~ - ~r~ ~ .~~~'~'"~""s~~~-~'-~ ~ ~ _ _ _ . _ ~y-