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2017.04.17 CC Packet
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2017.04.17 CC Packet
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6/25/2020 3:53:30 PM
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City Council
Document Type
Minutes
Meeting Date
4/17/2017
Meeting Type
Regular
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SECTION 13 <br />RIGHTS TO ADD PROPERTY, CREATE, COMBINE AND SUBDIVIDE <br />13.1 Master Developer's Riahts to Add Additional Property. The Master Developer <br />hereby expressly reserves the exclusive right to add Additional Property to the Property, by <br />unilateral action, subject to the following conditions: <br />13.1.1 The right of the Master Developer to add Additional Property to the <br />Property shall terminate twenty (20) years after the date of recording of this Master <br />Declaration or such longer period authorized by MCIOA or any future amendment <br />thereto, or upon earlier express written withdrawal of such right by the Master Developer <br />or a successor Master Developer; provided, that said rights may be extended by a vote of <br />the Members. <br />13.1.2 The Additional Property may be added to the Property in parcels of any <br />size and configuration determined by the Master Developer, subject to any governmental <br />requirements. The Master Developer shall have the right and authority to unilaterally <br />execute and record an amendment to this Master Declaration for the purpose of adding <br />the Additional Property. <br />13.1.3 The Master Developer has no obligation to add the Additional Property to <br />the Property, and may develop it for any purpose consistent with the applicable <br />governmental requirements. There are no assurances as to the times at which any part of <br />the Additional Property will be added to the Property, the order in which it will be added, <br />the number of parcels per phase nor the size of the parcels. <br />13.2 Master Developer Rights to Create and Change Neighborhoods and Units. The <br />Master Developer shall have the right to (i) combine, subdivide or relocate the boundaries <br />between, Units owned by it; (ii) combine or subdivide Neighborhoods; or (iii) replat outlots <br />subject to this Master Declaration and create new Master Common Elements or Units, or other <br />Neighborhood Property therefrom, as provided in this Section, subject to the following <br />requirements: <br />13.2.1 The Master Developer must own the Unit, Neighborhood Property or the <br />part thereof being combined, subdivided, relocated or replatted. If said property is owned <br />by another Person, then the approval of the other Person shall be required. <br />13.2.2 The creation, combination or subdivision of a Neighborhood or of a Unit <br />shall comply with all governmental laws, codes and regulations applicable to the <br />transaction. <br />13.2.3 The Master Developer shall have the authority to unilaterally execute and <br />record an amendment to this Master Declaration, as needed, for the purpose of exercising <br />its rights hereunder. <br />13.2.4 The Neighborhood Governing Documents of any affected Neighborhoods <br />shall be amended, if necessary to reflect the changes, and the Neighborhood Association, <br />34 <br />2190398.v1 <br />
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