Laserfiche WebLink
�oiio7590 <br />4.6. Term of Easements. The easements set forth herein shall continue in favor of the <br />respective grantees in accordance with this Declaration and for the Term, as defined in Section 17 below. <br />4.7. Lot Owners' Rights as to Common Area. A Lot Owner has the right to eject or cause <br />the ejection from the Common Areas any persons not authorized, empowered or privileged to use the <br />Common Areas pursuant to this Declaration. <br />Buildings. <br />5.1. New Building; Common Wall. Following initial construction of a building in a Build <br />Area, a Lot Owner may demolish its existing portion of the original building and construct a new building <br />outside of the Building Area as long as, at the demolishing Lot Owner's expense, (i) the Common Wall is <br />converted to an exterior wall, (ii) such new exterior wall maintains the structural and aesthetic integrity of <br />the remaind�r of the original building, and (iii) roof access is provided and or constructed to the original <br />building structure, if necessary. A Lot Owner may designate a new Building Area on its Lot upon <br />construction of the new building and change its Lot configuration; however, any Lot reconfiguration which <br />substantially reduces access to and from the other Lot or reduces available parking on the Developer <br />Property, shall be approved in writing by the other Lot Owner, such approval not to be unreasonably <br />withheld, conditioned or delayed. Unless otherwise agreed to in writing by the Lot Owners, the Lot <br />Owners acknowledge and agree that the location of any trash compactor, trash dumpster or roof access <br />being utilized in common with or by another Lot Owner shall not be required to be moved or relocated <br />notwithstanding the construction of a new building and exterior wall pursuant to this Section. <br />5.2. General. Any activity within the Common Area, other than its primary purpose which is <br />to provide for parking for the customers, invitees, and employees of those businesses conducted within <br />the Building Areas and for the servicing and supplying of such businesses, shall be permitted only so <br />long as such activity shall not unreasonably interfere with such primary purpose. Persons using the <br />Common Area in accordance with this Declaration shall not be charged any fee for such use. The <br />Common Area shall be maintained as such and shall not be fenced or otherwise obstructed and shall be <br />kept open at all times for the free use thereof as intended. <br />5.3. Unimpeded Access Between Lots, Obstructions. Access between each Lot and the <br />adjacent contiguous Lots or public rights of way, and the use of the entire Common Area will, in each <br />instance, be nonexclusive, and for the use and benefit of all Permittees, subject to the limitations <br />contained herein. Except as specifically depicted on Exhibit A or as may be approved in writing by the <br />Lot Owner directly affected, no fence, division, partition, rail, or obstruction of any type or kind shall ever <br />be placed, kept, permitted, or maintained between the Lots or between any subsequent division thereof <br />or in or upon or along any of the common property lines of the Lots, or of any portion thereof, and except <br />as may be required at any time and from time to time in connection with the control, construction, <br />maintenance, and repair of the Common Area. <br />6. Party Wall. <br />6.1 The walls which constitute the common boundary separating the building located on Lot 1 <br />and Lot 2, and the underlying footings as well as the portion of roof over such wall and their respective <br />supporting members are collectively referred to herein as the "Party Wall." <br />6.2 To the extent not inconsistent with this Declaration, the general rules of law regarding party <br />walls and liability for damage due to negligence, willful acts or omissions shall apply to the Party Wall. <br />6.3 The Lot Owners shall have a perpetual easement in and to that part of the building on the <br />4 <br />Meadowlark Declaration <br />Lots 1 8� 2-9 Subdivision <br />