HomeMy WebLinkAbout1144 G. E'ailure of I Association to Perform. Should 1 Association fait
to make, levy and use its -best efforts to collect Assessments for needed
Operating Expenses or fail in Its obligations with respect to the maintenance,
preservation, operation, repair and reconstruction of those things for which
the costs thereof would be included within the definition of "Operating Ex-
penses" then, and in such event occurring, the owner of any Contributing
Unit or any Association composed of any of them, shall have the right to file
an action and have a trustee appointed (which trustee is not required to be a
Contributing Unit Owner though which trustee may be a Contributing Unit or
may be an incorporated "association" [whether or not a condominium associa-
tion~ comprised solely of any Contributing .Unit Owners) to act in place and
in stead of 1 Association with respect to such obligations and making, levying
and collecting Assessments and upon such appointment such trustee shall have
all of the powers to make, levy, ~ collect and enforce Assessments for Opera-
ting Expenses as are herein granted to 1 Association and all of the powers of
1 Association to maintain, preserve, operate, repair and reconstruct those
things for which the cost thereof would be included within the definition of
"Operating Expenses". Notwithstanding anything to the contrary ,herein
contained, such trustee shall have the power and authority to Assess Section
1 Contributing Units and collect and enforce such Assessments in the same
manner and to the same extent as such -Assessments could be levied, collected
and enforced against Contributing Units located on the Future Development
Property -even though such procedures would not have been the normal prac-
tices of 1 Association . Any costs and expenses incurred including , but not
limited to, .reasonable attorneys' fees through and including all appeals in
connection with the appointment of such a trustee and the reasonable expens-
es of the trustee in carrying out his duties shall, themselves, be deemed to
be Operating Expenses . ~
7. Certain Rights With Respect to the Recreation Area. 1 Association,
on behalf of itself and all Section 1 Unit Owners, does hereby grant unto
Equities .and its successors and assigns as the owner of the Recreation Area,
a nonexclusive easement appurtenant to, and which shall run with, the Recre-
ation Area and all portions thereof for ingress and egress for pedestrian and
vehicular traffic and for the installation and maintenance of underground
utility lines and appurtenances over and across that portion of the property
submitted to the condominium form of ownership as set forth in Article I of
the Section 1 Declaration (and constituting part of the Common Elements of
the Section 1 Condominium) more particularly described on Exhibit f attached
hereto and made a part hereof (the "Recreation Area Easement Property") for
the use and benefit- of Equities and its successors and assigns and the owners
of any portion of the Recreation Area and the licensees, invitees, guests and
lessees of any of them .
1 Association, on behalf of itself 'and all Section 1 Unit Owners,
does hereby further grant unto Equities and its successors and assigns as
the owners of the Recreation Area or any portion thereof .the right, which
shall run with and be appurtenant to the Recreation Area and all portions
thereof and inure to the benefit of Equities and its successors and assigns
and the owners and occupants of any portion of the Recreation Area, to be
served by all portions of both the Section 1 Sewage System and the Section 1
Water System which are necessary to provide water and sewage service to the
Recreation Area.
f -
While the Recreation Area shall not be subject to Assessment with
respect to or for the use of the rights and easements herein granted and
while 1 Association shall retain -the obligation of maintenance of the Section 1
Water System, -the Section 1 Sewage System and the Recreation Area Easement
Property, should 1 Association fail to so maintain same, Equities and its suc-
e~
r
a
"sx
o
' V
0 ~ i
x a~:~K301 F~~,f1~39
a -
{
~ ~
w ~ - ~ - ~ ~ _