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Home My WebLink About2599MEMORANDUM DATE: December 15, 2005 TO: Hennepin County Taxpayer Services Department Qwest CenterPoint Energy Time Warner Cable USPS: Minneapolis Office Edina Office Normandale Office Xcel Energy LOGIS GIS Department City of Edina: Utility Department Assessing Department Police Department Health Department Planning Department Public Works Department Engineering Department Fire Department Voter Registration FROM: Steve A. Kirchman, Chief Building Official k-pr. SUBJECT: Address change Please be advised of the following address change: Legal Description: Lot 2, Block 1, Edina Interchange Center Fifth Addition PID Number: 08- 116 -21-41 -0014 Old address: 7449 Cahill Rd New address: 7449 -7499 Cahill Rd Reason for change: Owner intends to subdivide building/property with CIC plat Additional information: Odd numbered addresses only may be used, see attached plan Please adjust your records accordingly. H:\Addresses\ New - Change \AddressChnge \7449- 7499Cahill Rd City of Edina City Hall (952) 927 -8861 4801 WEST 50TH STREET FAX (952) 826 -0390 EDINA, MINNESOTA 55424 -1394 TDD (952) 826 -0379 GENERAL NOTES: r.E a ilm nna ruvA1NN I.iltg7 /,LCnIG1 cE VENOW a71rw rulENr F.T.C. DmTm nbat m OCUMO WDQT ME 00w= umM comi eEOR • ,ts �p has =TAU= AM N FW AN to Mg W A FW n., eEVATiONS ARE N iQT AIN 1NniR OF A roar AIN A11E usN�twcm m A wHnNwN saiw a seer , a s a,¢a a• ,i I f 2651 CIC NUMBER 1635 A CONDOMINIUM CAHILL INDUSTRIAL PARK CONDOMINIUM CIC PLAT • bA001a'l.�,�. z!p rur`AN j S �,O� -7415 Got hid) Pz-cl r w L*Iwbi-i --pr bv�>>d1-^i adkArt5_5 �S • �� / Gglhl • "� 'aukIICQ'I —&� aAA"6-5 rom* �S : ?At 49 --1 Cahill �d Rrs.�LT rrc -m� �B '' °'pL � LL mw••• ,Nw•tt ,i si°it b "A" 1o1')�"0 3 h.e,1 ! a Af`455 i S ? 4 9a7 Da h i l l Me) - I + tc) C.}�hei� � i S nti� a5h19n¢� � Ah►� �hnq�� 0 m 10 p ' • bur I�� v. � S'Z�� 1 cat h,(Ij Adld�ess �' U� FLOOR PLAN T Hansen Thorp PelIInen Olson Inc. SHEET 2 OF 2 SHEETS I.iltg7 /,LCnIG1 • ,ts �p has w ��----" n., ,.a A ,r RLC Y 1 ,u Rrs.�LT rrc -m� �B '' °'pL � LL mw••• ,Nw•tt ,i si°it b "A" 1o1')�"0 3 h.e,1 ! a Af`455 i S ? 4 9a7 Da h i l l Me) - I + tc) C.}�hei� � i S nti� a5h19n¢� � Ah►� �hnq�� 0 m 10 p ' • bur I�� v. � S'Z�� 1 cat h,(Ij Adld�ess �' U� FLOOR PLAN T Hansen Thorp PelIInen Olson Inc. SHEET 2 OF 2 SHEETS . ap Ti .- +�� PA 19, K, (MOO Ml NlU� C lG NO ((035 4 ' HENNEPIN COUNTY PROPERTY DIVISIONS HEET NO. 1 OF SDIVISION # 06014+4 - MUNICIPALITY: SCH DIST 273 EDINA (24) WATERSHED 1 SEWER DIST 0"00-5 PAY COWED * NEW PLAT COPY-FOR * REQUEST * TO ASSR * FROM ASSR IF PROJ # TRANS LINE /EZ GREEN ACRES OPEN SPACE INDI DATET -,02 * WD BY IC: * QCD * VALUE CHECK * SPEC CHECK DIVIDE /COMBINE: F I L /-30 =5* CD APPROVED / / * OTHER * COMPUTER * COMPLETED PROPERTY ID 08- 116-21 41 0014 PROPERTY ADDRESS 07449 CAHILL RD OWNER K -DADS LLC ADDITION NAME DATE FILED ADDN# TAXPAYER N/A K-JADS LLC EDINA INTERCHANGE CENTER FIFTH 10/11/1977 75194 7491 CAHILL RD EDINA MN 55439 DATE OF LAST TRAN 04/09/91 SR EX AG PT H OWN% LAND BLDG DIVISION /COMBINATION: LOT 002 BLOCK 001 ACREAGE 0.00 APPROX PARCEL SIZE W214X419X215X396 MACH TOTAL H -BASE1 H -BASE2 N /H -BASE1 N/H TC GROSS TC NEW PROPERTY ID'S SEC TWP RG QQ SUFX 08- 116 -21 41 0015 08- 116 -21 41 0018 08- 116 -21 41 0021 08- 116 -21 41 0024 C>�Y ASSE680M SEC TWP RG QQ SUFX 08-- 116 -21 41 0016 08- 116 -21 41 0019 08- 116 -21 41 0022 SEC TWP RG QQ SUFX 08116 -21 41 0017 08- 116 -21 41 0020 08- 116 -21 41 0023 ,r PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of 060144 Division Form No. HCPT03 -2 (11/97) Date: 2/13/2006 01:23 P Page 1 of 3 a Owner: K -DADS LLC Property Address 7455 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 1 p8- '16'141 OQ16 Owner: K -DADS LLC Property Address 7459 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 2 Owner: K -DADS LLC Property Address 7463 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3 o8�i46 2�1'- 41t0 "I� Owner: K -DADS LLC y Property Address 7467 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 4 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Q 060144 Division Form No. HCPT03 -2 (11197) Date: 2/13/2006 01:23 P Page 2 of 3 Sheet Of s f Q'ib24�1Q�I9 Owner: K -DADS LLC Property Address 7471 CAHILL RD Taxpayer: K -JADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 3163 5 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 5 Owner: K -DADS LLC Property Address 7479 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 6 0$ 1a16�2'�- 4�i30��'fEW, T Addition No: 31635 Owner: K -DADS LLC axpayer: K -DADS LLC 7491 CAHILL RD EDINA MN 55439 Lot: Block: Acreage Metes & Bounds Description: UNIT NO 7 .Property Address 7483 CAHILL RD Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Owner: K -DADS LLC Property Address 7487 CAHILL RD Taxpayer: K -DADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 8 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina DIVI�IQ�1 N -D, 060144 Division Form No. HCPT03 -2 (11/97) Date: 2/13/2006 01:23 P Page 3 of 3 Sheet Of ®r Owner: K -JADS LLC Property Q$'i'('i,47 0023: Address 7491 CAHILL RD Taxpayer: K -JADS LLC 7491 CAHILL RD EDINA MN 55439 Addition No: 31635 Lot: Block: Acreage Metes & Bounds Description: UNIT NO 9 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Owner: K -JADS LLC Property Address 7495 CAHILL RD Taxpayer: K -JADS LLC 7491 CAHILL RD Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31635 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 10 Doc No 4206769 12/30/200510:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 176334 New cert Cert 1173286 1166632 Deputy 37 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $1.50 AF $10.50 STATEFEE $44.00 TPLATFEE $40.00 EXCHFEE $142.00 Total r x COMMON INTEREST COMMUNITY NUMBER 1635 A CONDOMINIUM CAHILL INDUSTRIAL PARK CONDOMINIUM HENNEPIN COUNTY, MINNESOTA DECLARATION .-1 a0 `� �� YA ,rAvm SEW,t'r„ Tr - - —. ;- . DEC 14 2005 sci ctJii - Y ..,b,e,v. ` PUNY Metro Legal �::riJ:,S Inc. E o.; 491 r TABLE OF CONTENTS RECITALS..................................................................................................................... ............................... l I ARTICLEI. DEFINITIONS .................................................................................. ..............................1 ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION AND USE THEREOF ................3 Section 1. Identity of Real Estate and CIC ....................................... ..............................3 Section2. Units ................................................................................ ..............................3 Section 3. Common Elements and Limited Common Elements ...... ..............................3 Section4. Boundaries ....................................................................... ..............................4 Section5. Use of Units ..................................................................... ..............................5 Section 6. Use of Common Elements ............................................... ..............................5 ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION; POWERS OF THE ASSOCIATION ................................................ ..............................5 Section1. Membership ..................................................................... ..............................5 Section 2. Voting Rights ..........................,........................................ ..............................5 Section 3. Suspension of Voting Rights ........................................... ..............................6 Section 4. Powers of the Association ............................................... ..............................6 ARTICLE IV. PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON ELEMENTS ......... 6 Section 1. Members' Easement and Enjoyment ............................... ..............................6 Section 2. Extent of Members' Easements ....................................... ..............................6 Section 3. Delegation of Use ............................................................ ..............................7 Section 4. Taxes and Municipal Special Assessments on Common Elements ...............7 Section5. Encroachments ................................................................. ..............................7 Section 6. Access and Parking Rights .............................................. ..............................7 Section 7. Association's Easements ................................................. ..............................7 Section 8. Temporary Construction Easements ................................ ..............................7 ARTICLE V. SPECIAL DECLARANT RIGHTS .................................... ............................... .....8 Section 1. Reservation of Rights ...................................................... ..............................8 Section 2. Declarant's Easement ...................................................... ..............................8 ARTICLE VI. COVENANTS FOR ASSESSMENTS ............................................. ..............................8 Section 1. Creation of the Lien and Personal Obligations of Assessments ....................8 Section 2. Purpose of Assessments ................................................... ..............................9 Section 3. Annual and Special Assessments ..................................... ..............................9 Section 4. Working Capital Fund and Special Assessments for Capital Improvements 9 Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4.... 10 Section 6. Special Assessments to Individual Units ........................ .............................10 Section 7. Commencement of Annual Assessments, Due Dates ..... .............................10 Section 8. Duties of the Board of Directors ..................................... .............................10 I Section 9. Assessment of Cost Due to Willful or Negligent Acts ... .............................11 Section 10. Effect of Nonpayment of Assessments; Remedies of the Association ...... I l Section 11. Subordination of Lien to Mortgages ............................ ..............................1 l ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE ............................ .............................12 ARTICLE VIII. BUILDING AND USE RESTRICTIONS ....................................... .............................12 Section1. Use .................................................................................. .............................12 Section2. Signage ........................................................................... .............................12 Section3. Wildlife ........................................................................... .............................12 Section 4. Garbage and Refuse Disposal ......................................... .............................12 Section 5. Prohibited Structures and Window Treatments .............. .............................13 Section6. Storage ............................................................................ .............................13 Section7. Time Shares .................................................................... .............................13 Section8. Rental of Units ................................................................ .............................13 Section9. Nuisances ........................................................................ .............................13 Section 10. Hazardous Waste .......................................................... .............................13 ARTICLEIX. EASEMENTS ................................................................................... ..........:..................14 Section 1. Electric Easement ........................................................... .............................14 Section 2. Utilities and Drainage ..................................................... .............................14 Section 3. Roof Access and Common Element Utilities ................. .............................14 ARTICLEX. INSURANCE ......................................................... ............................... .............. .14 Section 1. Required Coverage ......................................................... .............................14 Section 2. Association and Owner Coverage of Units .................... .............................15 Section 3. Replacement or Repair of Property ................................ .............................16 Section 4. Cancellation: Notice of Loss ......................................... .............................16 Section 5. Review of Policies .......................................................... .............................16 Section 6. Blanket Casualty insurance by Owner ........................... .............................16 Section 7. Reallocation of Interests for Destroyed Units ................. .............................16 ARTICLE XI. SPECIAL PROVISIONS ................................................................. .............................16 Section 1. Overriding Provisions ..................................................... .............................16 Section2. Notice of Default ............................................................ .............................17 Section 3. Exemption from Right of First Refusal .......................... .............................17 Section 4. Liability for Unpaid Assessments ................................... .............................17 Section 5. Restricted Activities ....................................................... .............................17 Section 6. Examination of Books and Records ............................... .............................17 Section 7. Right to Cure Default ..................................................... .............................17 Section 8. Priority of First Mortgagees ........................................... .............................18 Section 9. Foreclosure of First Mortgages and Contracts ................ .............................18 ARTICLE XII. MAINTENANCE AND UNIT ACCESS ......................................... .............................18 Section 1. Common Area Maintenance ........................................... .............................18 Section 2. Unit Access at Reasonable Hours ................................... .............................18 ii f . Section 3. Emergency Unit Access ............... ............19 Section4. Unit Maintenance ........................................................... .............................19 ARTICLE XIH. EMINENT DOMAIN ....................................................................... .............................19 Section 1. Total Taking of Units and Building ................................ .............................19 Section 2. Partial Taking of Units and Building .............................. .............................19 Section 3. Taking of Common Elements ....................................... ............................... 19 ARTICLE XIV. GENERAL PROVISIONS ............................................................... .............................19 Section 1. Enforcement .................................................................... .............................19 Section 2. Rules and Regulations .................................................... .............................20 Section3. Severability ..................................................................... .............................20 Section 4. Binding Effect .................................................................. .............................20 Section5. Amendment .................................................................... .............................20 Section6. Notices ............................................................................ .............................20 Section7. Mergers ........................................................................... .............................20 EXHIBIT A. Legal Description of the Property .................................................... .............................22 EXHIBIT B. Allocation of Interest in Common Elements and of the Common Expenses ................23 am COMMON INTEREST COMMUNITY NUMBER 1635 A CONDOMINIUM CAHILL INDUSTRIAL PARK CONDOMINIUM DECLARATION THIS DECLARATION, made as of this 26th day of October, 2005 by K -lads, LLC, a Minnesota limited liability company, (the "Declarant'), pursuant to the provisions of Minnesota Statutes Chapter 5156, known as the Minnesota Common Interest Ownership Act (the "Act'), for the purpose of creating Cahill Industrial Park Condominium, a Condominium. RECITALS A. Declarant is the owner in fee simple of the real property situated in the City of Edina, in the County of Hennepin, in the State of Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). B. Declarant intends to develop the Property as an office/industrial condominium as part of the Planned Industrial District designated in the Industrial Comprehensive Plan on file with the City of Edina and in accordance with the uses permitted under present zoning ordinances consisting of ten (10) Units as hereinafter defined and has deemed it desirable for the preservation of the value of the Property to submit the same, together with the building, structures, improvements and other permanent fixtures thereon to the provisions of the Act, and has incorporated under Chapter 317A of the laws of the State of Minnesota "Cahill Industrial Park Condominium Association" for the purpose of administering the Property. The Property is not subject to a master association. C. Declarant is about to sell, dispose of and convey condominium interests or estates in and to the Property, together with the building, structures, improvements and other permanent fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in anyway appertaining thereto, and to accomplish this purpose desires to submit the Property to the requirements of the Act. D. Declarant desires and intends that the owners, mortgagees, occupants, and other persons hereafter acquiring any interest in the Property shall at all times enjoy the rights, easements, privileges, and restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect of the condominium form of ownership of the Property and are established for the purposes of enhancing and perfecting the value, desirability and attractiveness of the same. NOW, THEREFORE, Declarant, as the sole owner of the Property and for the purposes above set forth, hereby submits the Property to the Act as a Condominium under the name Cahill Industrial Park Condominium and declares as follows: ARTICLE I. DEFINITIONS The following words, when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Association" shall mean and refer to the Cahill Industrial Park Condominium Association, a Minnesota nonprofit corporation, its successors and assigns. (b) "Building" shall mean and refer to the building or any portion thereof situated upon the Property at 7449 Cahill Road, Edina, Minnesota, comprised of ten (10) Units as designated and shown on the Plat. IM (c) "Common Elements" shall mean and refer to all portions of the Common Interest Community other than the Units and shall be used for the common use and enjoyment of the Owners and such other persons to whom the Owners may delegate this right pursuant to this Declaration and to all improvements located thereon for the common use and enjoyment of said persons. Each Unit is allocated an undivided interest in the Common Elements equal to the Unit's Undivided Interest as set forth on Exhibit B attached hereto and made a part hereof. The Common Elements are described in Article II, Section 3 hereof. (d) "Condominium" shall mean the real estate, portions of which are designated for separate ownership as Units and the remainder of which is designated for common ownership solely by the Owners of the Units, and the undivided interests in the Common Elements are vested in the Unit Owners. Specifically, as the term is used herein, it means and refers to Cahill Industrial Park Condominium, Common Interest Community Number 1635, the Condominium established by this Declaration. (e) "Declarant Control Period" shall mean the period commencing on the date of creation of the Common Interest Community and terminates upon the earliest of the following events: (i) voluntary surrender of control by the Declarant by Declarant giving written notice to the Unit Owners pursuant to Section 515B.1 -115, or (ii) the conveyance of 75% of the Units to Unit Owners other than Declarant, or (iii) three years after the date of the first conveyance of a Unit to a Unit Owner other than Declarant. (f) "Declaration" shall mean this document and all amendments and supplements hereto. (g) "Governing Documents" shall mean and refer to this Declaration, and the Articles of Incorporation and ByLaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. (h) "Limited Common Elements" shall mean and refer a portion of the Common Elements for the exclusive use and enjoyment of one or more, but fewer than all of the Units and such other persons to whom the Unit Owners may delegate this right pursuant to this Declaration and to all improvements located thereon and for the exclusive use and enjoyment of said persons as shown on the Plat. The Limited Common Elements are described in Article II, Section 3 hereof. (i) "Member" shall mean and refer to all Owners who are members of the Association as provided in Article III, Section 1, hereof. (�) "Owner" shall mean and refer to the record Owner or contract vendee, whether one or more persons or entities, of a fee simple title to a Unit situated upon the Property but excluding contract vendors, unless the contract provides otherwise, and others having such interest merely as security for the performance of an obligation. (k) "Parking Spaces" shall mean and refer to the 58 parking spaces and 0 handicapped parking spaces as shown and designated on the Plat, which are part of the Common Elements. (1) "Plaf' shall mean the recorded C1C Plat for Common Interest Community Number 1635, a Condominium, Cahill Industrial Park Condominium, depicting the Property pursuant to the requirements of Section 51513.2- 110(c) of the Act, including any amended or supplemental Plat recorded from time to time in accordance with the Act. (m) "Property" shall mean and refer to the property that is subject to this Declaration as defused in Article II, Section 1. (n) "Unit' shall mean a physical portion of the Common Interest Community, the boundaries of which are delineated on the Plat, described in Article II, Section 4, and are intended for separate ownership or separate occupancy. Units shall be identified as Unit Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, 2 •. Cahill Industrial Park Condominium, CIC Number 1635, a Condominium, Hennepin County, Minnesota, as designated and shown on the Plat contained within the Building. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION AND USE THEREOF Section 1. IDENTITY OF REAL ESTATE AND CIC. This Declaration establishes Common Interest Community Number 1635, a Condominium, Hennepin County, Minnesota, under the name Cahill Industrial Park Condominium. It is a condominium (and not a planned community or a cooperative), and is not subject to a master association. The CIC Plat for this CIC is being recorded simultaneously herewith and as a part of this Declaration. Declarant is the owner of the real property and improvements located thereon as legally described on Exhibit A, all of which real property and improvements shall hereinafter be referred to as the "Property ". Section 2. UNITS. There are ten (10) Units located on the Property. Each of the Units is allocated the percentage of undivided interests in the Common Elements and in the common expenses of the Association, specified on Exhibit B attached to this Declaration, which percentage reflects the number of square feet of a Unit as it relates to the total square feet of all Units. The real estate which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the City of Edina, County of Hennepin and State of Minnesota, and is legally described as follows: Unit Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, Cahill Industrial Park Condominium, CIC Number 1635, a Condominium, Hennepin County, Minnesota. Units may be subdivided or converted in accordance with Section 515B.2 -112 of the Act_ In the event of any subdivision or conversion, the Units' undivided interest in the Common Elements and in the common expenses of the Association shall be reallocated to reflect the number of square feet of each Unit as it relates to the total square feet of all Units and presented as a percentage. After any subdivision or conversion, Exhibit B shall be revised to reflect the new percentages for the Units. Pursuant to Section 515B.2- 105(a)(10), the maximum number of Units which may be.. created by subdivision or conversion of Units owned by the Declarant is twenty (20). Pursuant to Section 515B.1- 106(d), the Common interest Community is not subject to an ordinance. The Common Interest Community does not include any shoreland as defined in Section 103F.205. Each Unit constitutes a separate parcel of real estate. The Units shall each be improved within the Building and will be restricted to office and industrial use in accordance with the uses permitted under present zoning ordinances. No Units may be used for residential purposes. Unless stated otherwise in this Declaration, an Owner shall be responsible for maintenance of his or her or its Unit. The identifiers and locations of the Units are shown on the Plat, which is incorporated herein by reference. The identifier for a Unit shall be its Unit number as shown on the CIC Plat followed by "Cahill Industrial Park Condominium, Common Interest Community Number 1635, a Condominium ". Section 3. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS. The Common Elements shall include, but are not limited to: W the Property, excluding the Units and the Limited Common Elements described below; (ii) the sidewalks, curbing, parking lot, and driveway areas; (iii} 58 parking spaces located in the parking lot as designated on the Plat; (iv) the signage at the entrance to the Property from Cahill Road; (v) the exterior of the Building, including the roof, siding, gutters, load bearing walls, main walls and foundation; (vi) all exterior lighting, electrical service, telephone equipment and utilities to the Property, excluding service to less than all of the Units and the Limited Common Elements, whether located within a specific Unit or not, as long as they provide service to all Units; (vii) the automatic fire sprinkler system and smoke detectors located throughout the building, whether within a Unit or not; (viii) the storm sewer, sanitary sewer and water lines to the Building; (ix) public connections for gas, electricity, light, telephone and water not owned by the public utility or agency providing such services to the Building; and (x) any and all landscaping, trees, bushes, shrubs, lawn and garden areas. The Common Elements shall be used for open space, utilities, and related activities. Maintenance, replacement and repair of all Common Elements are the responsibility of the Association. The Limited Common Elements are allocated for the exclusive use of one or more, but not all, of the Units and shall include, but are not limited to: (i) the electrical, gas, heat, mechanical and HVAC systems, including the air conditioning units located on the roof of the Building, sanitary sewer and water utility lines, pipes or systems located within each Unit; (ii) all windows within each Unit, including windows on the exterior walls and on either side of the entrance door to the Unit; (iii) all entrance and exit doors to a Unit whether from the front or rear of the Unit and all doors within each Unit; (iv) all garage doors providing access to the Unit or the loading dock area for said Unit, except that Units I and 2 shall share a loading dock area as shown on the Plat, Units 3 and 4 shall share a loading dock area as shown on the Plat, Units S and 6 shall share a loading dock area as shown on the Plat, and Units 7 and 8 shall share a loading dock area as shown on the Plat; (v) the loading dock area at the rear of each Unit, unless shared by more than one Unit as noted above•, (vi) the steps and railings adjacent to the loading dock area providing access to the Units from the rear of the Units, unless shared by more than one Unit as noted above; (vii) all lighting fixtures serving a particular Unit; (viii) all interior dividing walls and partitions (including the space occupied by such walls or partitions excepting load bearing interior walls and partitions); (ix) the dumpster and refuse collection area for each Unit; and, (x) any chute, flue, duct, wire, conduit, load bearing interior wall, bearing column, or any other fixture which ties partially within and partially outside the designated boundaries of a Unit serving more than one Unit. The Limited Common Elements shall be used only by the Unit Owner(s) to which said Limited Common Element is assigned or serves. Maintenance, replacement and repair of all Limited Common Elements are the responsibility of the Unit Owner(s) which said Limited Common Element serves. In the event a Unit Owner fails to maintain, replace and/or repair the Limited Common Elements which are assigned to said Owner's Unit or which serve said Owner's Unit, the Association may, but shall not be required to, maintain, replace and/or repair the Limited Common Elements for said Unit(s) and assess said Unit(s) for all charges in connection therewith, which assessment shall be immediately due and payable to the Association. Section 4. BOUNDARIES. The boundaries of each Unit shall consist of (a) The space enclosed by the unfinished inner surfaces of perimeter and interior walls, ceilings and floors thereof, including vents, doors, windows and such other structural elements that ordinarily are regarded as enclosures of space, and, 4 i• (b) ALl interior dividing walls and partitions (including the space occupied by such walls or partitions excepting load bearing interior walls and partitions) and, (c) The decorated inner surface of the perimeter and interior walls (including decorated inner surfaces of all interior load bearing walls), floors, and ceilings consisting of wallpaper, paint, plaster, carpeting, tiles, and all other finishing materials affixed or installed as part of the physical structure of the Unit and all immediately visible fixtures, heating and air conditioning vents, equipment installed for the sole and exclusive use of the Unit, commencing at the point where the same extends from walls to floors into the interior space from the structural body of the Building or from the utility lines, pipes, or systems serving the Unit No pipes, wires, conduits or other public utility lines or installations constituting a part of the overall systems designed for the service of any particular Unit of the Building, nor any of the structural members or portions of any kind, including fixtures and appliances within the Unit, which is not removable without jeopardizing the soundness, safety, or usefulness of the remainder of the Building, shall be deemed to be a part of any Unit. Section 5. USE OF UNITS. Units are restricted to office and industrial use as part of the Planned Industrial District designated in the Industrial Comprehensive Plan on file with the City of Edina and in accordance with local zoning ordinances. No Unit shall be used or occupied for any unlawful propose or for any purpose which may be dangerous, noxious or offensive or create or maintain any nuisance or disturbance in, at or on the Property; nor, make or permit any use of the Unit which may invalidate, or increase the premium cost of any policy of insurance carried on the Property and environs and its operation. No Unit shall be used or occupied as (a) an adult bookstore or cinema or establishment selling, exhibiting or distributing pornographic or obscene materials, (b) any use which emits an obnoxious odor, excessive noise or sound which can be heard or smelled outside of said Unit, (c) any use which results in the risk of human exposure to pollutants and hazards to the environment, or (d) any use which results in excessive traffic and parking in, at or on the Property to the detriment of the other Owners and occupants. Section 6. USE OF COMMON ELEMENTS. Common Elements shall be used only by the Unit Owners and such other persons to whom the Owners may delegate this right pursuant to this Declaration and the rules and regulations of the Association. There shall be no obstruction of any Common Element. Nothing shall be stored in any Common Element without the approval of the Association. Parking Spaces are restricted to parking of passenger vehicles owned, leased or in actual use by an Owner, Owner's employees, lessees, agents, guests and invitees in the areas designated as Parking Spaces on the Plat, and other accessory uses permitted from time to time by rules issued by the Board of Directors of the Association. No parking shall be permitted anywhere on the Property except in a designated Parking Space as shown on the Plat. ARTICLE 111. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION; !w!- POWERS OF THE ASSOCIATION. Section 1. MEMBERSHIP. Each Owner of a Unit which is subject to assessment by the Association shall be a Member of the Association. Membership shall be appurtenant to and may not be separate from Ownership of any Unit which is subject to assessment by the Association. The foregoing is intended to exclude persons or entities holding an interest merely as security for the performance of an obligation including contract vendors (unless the contract for deed provides otherwise) until such time such person acquires a fee simple interest in such Unit by foreclosure or by a proceeding in lieu thereof, or as to a contract vendor, until such time as the contract for deed is cancelled. Ownership of such Unit shall be the sole qualification for membership. Section Z. VOTING RIGHTS. The Association shall have one class of voting memberships and each Member shall be entitled to vote the undivided percentage interest reflected on Exhibit B attached to this Declaration, which percentage reflects the number of square feet of a Unit as it relates to the total square feet of all Units. When more than one (1) person holds the interest in a Unit, all such persons shall be Members but the vote for such Unit shall be exercised as they among themselves shall determine, subject, however, to limitation that the voting power for any Unit may not be split. _ The vote for any Unit which is owned by more than one (1) Member may not be cast at any meeting unless such members have filed with the Secretary of the Association prior to such meeting the name of one (1) of their number who then shall be the only person authorized to cast such vote at such meeting. In lieu of such filing prior to every meeting, such Members may file a document executed by all of them, designating one (1) of their number as the person authorized to cast their vote at all future meetings and such authorization shall continue to be valid until such time as such authorization shall have been rescinded in writing by all of such Members. Section 3. SUSPENSION OF VOTING RIGHTS. The right of any Member to vote shall be suspended during any period in which such Member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended, after notice and hearing, for a period not to exceed sixty (60) days for any infraction of any rules or regulations adopted by the Association. Section 4. POWERS OF THE ASSOCIATION. Declarant hereby delegates to, and the Association hereby is permitted to exercise, all powers described in the Governing Documents, the Act and the statute under which it was incorporated. Neither this Condominium nor the Association is subject to any Master Association. ARTICLE IV. PROPERTY RIGHTS AND OBLIGATIONS IN THE COMMON ELEMENTS Section 1, MEMBERS' EASEMENT AND ENJOYMENT. Subject to the provisions of Section 2 below, each Member shall have a non - exclusive easement of ingress and egress over the Common Elements and a non - exclusive easement and right of enjoyment in and to the Common Elements, and such easements shall be appurtenant to and shall pass with the title; to each Unit. Section 2. EXTENT OF MEMBERS' EASEMENTS. The rights and easements in favor of the Members created hereby shall be subject to the following and as further provided herein: (a) The right of the Association, as provided in the Governing Documents, to borrow money for the purpose of improving, repairing and maintaining the Common Elements or any improvements thereon, and in aid thereof to mortgage said Property, which rights of such mortgagee in said Property shall be subordinate to the rights of the Members hereunder; (b) The right of the Association to take such steps as are reasonably necessary to protect the Property against foreclosure; (c) The right of the Association, as provided in the Governing Documents, to suspend the voting and enjoyment rights of any Member for any period during which any assessments remain unpaid, and to suspend the said enjoyment rights for any period not to exceed sixty (60) days and to impose a fine not to exceed One Hundred and 00 /100 ($100.00) Dollars for each infraction of its published rules and regulations, each day during which infractions exist being deemed a separate and distinct infraction, provided, however, that nothing contained in this Section 2(c) shall be deemed to deny an Owner access to and from his or her or its Unit or the Building and provided further that the Association must give advance written notice of its intent to impose a fine and allow the Owner at least five (5) days to cure said infraction; (d) The right of the Association to dedicate or transfer all or any part of the Common Elements to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed by the Members. Except for the installation of utilities pursuant to the easements created by Article IX hereof, no such dedication or transfer shall be effective unless an instrument signed by a majority of the Members has been recorded agreeing to such dedication or transfer, and unless written notice of the proposed agreement and action thereunder is sent to each Member at least ninety (90) days in advance of any action taken. The consent requirements of Article XI, Section 5, must also be met to effect a valid dedication or transfer, (e) Rights, if any, of the City of Edina to maintain the Common Elements in the event of failure by the Association to do so; (f) Utility and drainage easements to install sewer, water, gas, electric and telephone lines, transformers, towers, poles, lighting fixtures, pipes, conduits, cables, wires, drainage channels and other utility facilities, including the right of access thereto for the purpose of constructing, installing, repairing, maintaining, altering and modifying any such facilities; and, (g) Encroachments, if any, created pursuant to Section 5 of this Article. Section 3. DELEGATION OF USE. Any Owner may delegate, in accordance with the Bylaws, his or her or its right of enjoyment to the Common Elements and facilities to their employees, lessees, agents, guests and invitees of the Unit, subject to the limitation contained in Article VIII, Section 8 regarding rental of the Unit. Section 4. TAXES AND MUNICIPAL SPECIAL ASSESSMENTS ON COMMON ELEMENTS. Taxes and special assessments that would normally be levied against the Common Elements shall be levied against the individual Units on the Property in proportion to the undivided percentage interest listed on Exhibit B, or as the governmental taxing authorities shall determine, which levies shall be a lien against said individual Units. I . Section 5. ENCROACHMENTS. Notwithstanding any other provisions contained herein, in the event the Building or any appurtenance on a :Unit as originally constructed (or as reconstructed or added to in accordance with the provisions of Article VII herein) encroaches upon or overhangs upon any part of the Common Elements, then a perpetual easement appurtenant to such encroaching or overhanging Building or Unit shall exist for the continuance of such encroachment or overhang upon the Common Elements. Section 6. ACCESS AND PARKING RIGHTS. Ownership of a Unit shall entitle the Owner to the right of ingress and egress in and to the Property from Cahill Road, in and to the driveway and the parking lot, and the right to use the Parking Spaces as permitted herein. Section 7. ASSOCIATION'S EASEMENTS. The Association or its agents or employees are hereby granted a perpetual easement for maintenance purposes and shall have the right to enter a Unit in connection with the maintenance or repair of the Common Elements or Limited Common Elements, if necessary, or any improvements thereon or in connection with its maintenance responsibilities set forth in Article XIL Section 8. TEMPORARY CONSTRUCTION EASEMENTS. Owners shall have the right to install partitions within its Unit and accordingly create a layout to suit the Unit Owner's requirements, provided, however, that there shall be no encroachment or attachment to or through any Common Element or any mechanical, plumbing, or electrical additions within the Unit without fast obtaining approval of the Association. Owners shall be solely responsible for obtaining any and all permits required to commence said construction and shall obtain a Certificate of Occupancy from the City of Edina within sixty (60) days of any construction commencement. Owners shall have a temporary easement over the Common Elements and Linvted Common Elements for construction purposes during the sixty (60) day construction period; however, Owners shall be solely responsible for any damage sustained to the Common Elements or Limited Common Elements as a result of said construction. ARTICLE V. SPECIAL DECLARANT RIGHTS Section 1. RESERVATION OF RIGHTS. The Declarant shall have and hereby reserves for its benefit the exclusive and unconditional right to: (a) complete improvements indicated on the Plat, planned by the declarant consistent with the disclosure statement or authorized by the municipality in which the CIC is located; (b) subdivide or combine units, or convert units into common elements, limited common elements and/or units; (c) maintain sales offices, management offices, signs advertising the common interest community, and models; (d) use easements through the common elements for the purpose of making improvements within the common interest community; (e) appoint or remove any officer or director of the Association during the period of declarant control as hereinabove defined. Additionally, during the Declarant Control Period, Declarant's written consent shall be required for any amendment to the Governing Documents which directly or indirectly affects or may affect Declarant's rights under the Governing Documents. Section 2. DECLARANT'S EASEMENT. Pursuant to Section 515B.2 -117 Declarant shall have and does hereby reserve the right and easement to enter upon and pass through, on and over the Common Elements and Limited Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising special declarant rights including maintaining, developing and improving the Common Elements and Limited Common Elements, if necessary, or Units and marketing and selling Units. The Association shall at all times have responsibility for management and maintenance of the Common Elements and shall govern and control the same, except for the rights and easements of Declarant provided in this Section 2. In the event the Unit Owner fails to maintain, replace and/or repair the Limited Common Elements assigned to its Unit or which serve its Unit as set forth in Article II Section 3 hereof, the Association shall have the right to maintain, replace and/or repair said Limited Common Elements. The cost of such maintenance shall be assessed against the Units as set forth in Article VI herein. ARTICLE VI. COVENANTS FOR ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATIONS OF ASSESSMENTS. The Declarant, for each Unit owned by it within the Property, hereby covenants, and each Owner of a Unit by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agrees to pay to the Association: (a) annual assessments or charges; (b) special assessments; (c) assessments for Common Elements and Limited Common Elements attributed to said Unit; and (d) assessments which otherwise may be charged against the Unit as described in this Article. Such assessments, together with interest, costs of collection and reasonable attorneys' fees, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at 8 the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his or her successors in title unless expressly assumed by them, but may continue to be a lien on the Unit. No Owner may avoid the lien of, or personal liability for, such assessment by nonuse of the Common Elements or Limited Common Elements or abandonment of the Owner's Unit. All assessments shall be fixed, established and collected in the manner provided in this Article. A lien created under this Article is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage encumbering the fee simple interest in the Unit, (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Section 2. PURPOSE OF ASSESSMENTS. With the exception of assessments for Limited Common Elements, the assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the occupants of the Property and for the improvements and maintenance of the Common Elements and other areas that the Association is obligated to maintain as provided herein. The annual assessments shall be payable in regular installments and shall be used for (but not limited to) flood and hazard insurance for Common Elements and the Building; maintenance to be performed by the Association pursuant to Article XII; an adequate working capital fund as set forth in Section 4 below for maintenance, repairs and replacement of the Common Elements and improvements thereon and other areas that must be replaced on a periodic basis; and maintenance, repairs and replacement of water, sewer and the utility lines and fixtures that are not the responsibility of the City of Edina, which serve the Common Elements or a Unit, and which are not Limited Common Elements. Section 3. ANNUAL AND SPECIAL ASSESSMENTS. Annual and special assessments shall be levied against the individual Units on the Property in proportion to the undivided percentage interest listed on Exhibit B and may be collected on a monthly basis, provided, however, that assessments arising out of the negligence or nonperformance of any obligation of an Owner shall be an additional amount to that specific Owner alone and shall be immediately due in full from the Owner and assessments against one but not all of the Units shall be set pursuant to Section 6 below. In addition, upon determination by the Board, the costs of insurance may be assessed in proportion to risk or coverage of the Unit being assessed. Section 4. WORKING CAPITAL FUND AND SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. Declarant shall establish a working capital fund to meet unforeseen expenditures, or to purchase additional equipment or services, during the Association's beginning years of operation. The Board shall include in each annual budget a reasonable amount of working capital, based upon the anticipated needs of the Association for the year in question. There shall be contributed to the working capital fund, on a one -time basis, upon the sale, transfer and assignment of each Unit, an amount equal to two months installments of the estimated annual assessment for the Unit. The contribution shall be paid at the earlier of the time of closing of sale of the Unit or the time of termination of the Declarant Control Period. The contributions to this fund are in addition to the regular installments of annual assessments, and shall not be a credit to the regular annual installments of annual assessments levied against the Units. The funds shall be deposited into a segregated Association account no later than the termination of the Declarant Control Period. Funds deposited in said account shall not be used to defray any of Declarant's expenses, reserve contributions or construction costs, but may be used to make up any budget deficits during the Declarant Control Period. However, upon the closing of the initial sale of a Unit, Declarant may reimburse itself from funds collected from the purchaser at the closing for any prior contributions made by Declarant to the working capital fund with respect to that Unit. In addition to the annual assessments authorized by Section 3 hereof and the working capital fund, the Association may levy in any assessment year a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, unexpected repair or replacement of a capital improvement or Common Element, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of a majority of the Members of the Association and who are voting in person or by proxy at a meeting duly called for this purpose. Section S. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 3 AND 4. Written notice of any meeting of the general membership required for an action authorized under Sections 3 or 4 shall be sent to all Members not less than thirty (30) nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of a majority of the Members or of proxies entitled to vote shall constitute a quorum If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one -half of the quorum required at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. SPECIAL ASSESSMENTS TO INDIVIDUAL UNITS. Special assessments shall be assessed against less than all of the individual Units for. (a) common expenses or portions thereof benefiting one or more of the Units, which may be assessed exclusively against the Units benefited; (b) expenses for Limited Common Elements which shall be assessed against the Unit(s) which the Limited Common Elements benefit; (c) reasonable attomeys' fees incurred by the Association in connection with the collection of assessments or the enforcement of the Governing Documents or the Rules against a Member, which may be assessed against the Member's Unit; (d) fees and charges, interest, fines and late charges for. services provided to a specific Unit, late payments of assessments, violations of the Governing Documents or Rules, fees for preparation of Association documents, resale certificates, etc.; and (e) willful or negligent acts as set forth in Section 9 hereof. Section 7. COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES. The annual assessments provided for herein shall commence as to all Units on the date that the first Unit is sold to an Owner other than Declarant The first annual assessment shall be made for the balance of the calendar year and shall become due and payable in equal installments on payment dates to be established by the Board of Directors. The amount of annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 hereof as the remaining number of months in the year bear to twelve. The due date of any special assessment under Section 4 shall be fixed by the resolution authorizing such assessment. Section 8. DUTIES OF THE BOARD OF DIRECTORS. The Board of Directors of the Association shall fix the amount of the annual assessment, special assessment and assessment for Common Elements against each Unit by November 1" of each year for the subsequent year and shall notify each Unit owner in writing of said amount at least thirty (30) days in advance of the commencement of such annual assessment, special assessment and assessment for Common Elements to be effective January I' of the following year. Written notice of the annual assessment, special assessment and assessment for Common Elements shall be sent to each Owner subject thereto, provided, however, that the failure to send such written notice shall not render any assessment invalid. 10 The Board shall have the right to collect any annual assessment, special assessment or assessment for Common Elements on a monthly basis. The Association shall, upon demand, and for a reasonable charge, fitrttish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a given Unit have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. ASSESSMENT OF COST DUE TO WILLFUL OR NEGLIGENT ACTS. If the need for maintenance or repair is due to the willful or negligent acts of an Owner or the Owner's employees, lessees, agents, guests and invitees, the cost of such maintenance less the net insurance proceeds received by the Association due to such act or neglect, if any, shall be assessed against such Owner's Unit and shall be added to and become a part of the current annual assessment against that Unit and, at the option of the Board, shall be payable in Ul with the next monthly installment of the then current annual assessment, or divided equally over the remaining months for the then current annual assessment and payable with and in addition to the monthly installments of the then current annual assessment. Section 10. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of Prime plus two percent (2 %) per annum. The Association may bring (a) an action at law against the Owner personally obligated to pay the assessments, and/or (b) foreclose its lien for the amounts owed by the Owner. To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Unit, and a description of the Unit and file or record the same, but such notice of lien shall not be recorded until such assessment has been wholly or partially unpaid for at least thirty (30) days from the due date. Such lien may be enforced and foreclosed by the Association in the same marine in which mortgages on real property tray be foreclosed by action or by advertisement under a power of sale in Minnesota. Each Owner, by acceptance of a deed for any Unit, does further hereby give full and complete power of sale to the Association and does consent to a foreclosure of the assessment lien as if such lien were a mortgage containing a power of sale. In the event of any such foreclosure, and in the further event that the Association shall prevail in any such foreclosure, the person personally obligated to pay the same shall be required to pay all costs of foreclosure, including but not limited to, reasonable attorneys' fees. The person personally obligated to pay such lien shall also be required to pay the Association any assessments against the Unit which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use, and otherwise deal with the Unit as the Owner thereof. Prior to the Association reselling the Unit after foreclosure, no assessments shall be levied against the subject Unit; provided, however, that if the Association rents or leases the Unit, the Association shall once again have the right to levy assessments against said Unit. A release or satisfaction of the notice of lien shall be executed by an officer of the Association and recorded upon payment of all sums secured by such lien. Section 11. SUBORDINATION OF LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon a Unit. Sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to mortgage foreclosure or any proceeding in lieu thereof (including the delivery of a deed in lieu thereof) shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall release such Unit from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessments. All other parties acquiring liens on any Unit after this Declaration is recorded shall be deemed to consent that their liens shall be and remain inferior to future liens provided for herein. The Association shall, upon written request, report to any first Mortgagee or other encumbrance holder of a Unit the amount of the assessments remaining unpaid for a period longer than ninety (90) days after the same shall become due. ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE No interior or exterior construction, addition, removal or alteration (including changes in color or appearance) to the Building or any improvement on the Property, including but not limited to construction within a Unit, replacement of exterior entrance doors, garage doors, windows, stairs, signage as set forth in Article VIII, Section 2, window treatments as set forth in Article Vlll, Section 5, placement of satellite dishes or antenna, fences, retaining walls, timber walls, landscaping, hedges, walkways, parking lot improvements, gardens, and other improvements shall be commenced, erected or maintained except such as are already existing on the Property, until the plans and specifications showing the nature, kind, shape, height, materials, location and approximate cost of same shall have been submitted to and approved in writing as to harmony of the Property, external design and location in relation to the Building and improvements on the Property by an architectural control committee composed of the Board of Directors of the Association or three (3) or more representatives appointed by the Board of Directors. Notwithstanding the foregoing, any and all proposed replacements of exterior entrance doors, garage doors, windows, stairs, signage and window treatments shall be approved by the Architectural Control Committee to assure consistency of style, pattern, design and quality for the same on the Building and the Property. In the event said Board or its designated committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval shall be deemed to have been given. If no application has been made to the architectural control committee or their representatives, or if such application has been rejected, a suit to enjoin or remove such additions, alterations or changes may be instituted at any time by the Association or any Owner, in which suit the Association or any Owner shall have the right to collect reasonable attorneys' fees, costs and expenses. None of the members of the architectural control committee shall be entitled to any compensation for their services performed pursuant to this paragraph, but compensation may be allowed to independent professional advisors retained by such committee. During the Declarant Control Period, all decisions of the architectural control committee may be vetoed by the Declarant ARTICLE VIII. BUILDING AND USE RESTRICTIONS Section 1. USE. The Common Elements of the Building and the Property may only be used by an Owner, Owner's employees, lessees, agents and guests and invitees in accordance with Article 11, Section 5. Except for usual office and industrial use, no other use of any kind shall be conducted in or upon any Unit or the Common Elements, except such temporary uses as shall be permitted by Declarant while the Property is being developed and construction is being completed and Units are being sold by the Declarant. Section 2. SIGNAGE. The Association shall provide each Unit Owner with space on the building sign at the entrance to the Property for the Unit Owner to list its business name and logo being operated at the Property. Signage is permitted on the exterior of the Building after it has been approved in writing by the Architectural Control Committee. All signage, whether located on the building sign at the entrance to the Property or on the Building or visible from the exterior of the Building, is to be uniform and compatible with the exterior of the Building and shall be at the sole cost and expense of the Unit Owner. Unit Owners agree to remove at their sole cost and expense all signage not receiving prior written approval. Section 3. WILDLIFE. No geese, rabbits, deer, or other wildlife shall be fed or encouraged to frequent any portion of the Common Elements. Section 4. GARBAGE AND REFUSE DISPOSAL. No Unit or Common Element or Limited Common Element shall be used or maintained as a dumping ground for garbage or rubbish. Each Unit Owner shall be responsible for contracting with a waste removal company for weekly pickup of their garbage and rubbish at their own expense. Trash, garbage or other waste shall be kept in 12 sanitary containers and, to the extent possible, placed in plastic bags, sealed shut before being placed in the dumpster and refuse collection containers and maintained at the rear of each Unit, hidden from view of the parking lot. No exterior burning of refuse shall be done. Only trash, garbage and other waste generated upon the Property shall be placed in the dumpster and refuse collection containers on the Property. The Association shall have the option of requiring that (a) garbage and rubbish be separated and sorted for recycling, and (b) dumpsters and refuse collection containers be screened from sight. Section 5. PROHIBITED STRUCTURES WINDOW TREATMENTS. No structure of a temporary character, trailer, shed, or other out - building shall be constructed on the Property. Window treatments must be in harmony with the design of the Building, properly installed and approved by the Architectural Control Committee. The Architectural Control Committee shall be the final arbiter of any disputes under this Section. Section b. STORAGE. No boats, snowmobiles, trailers, camping vehicles, recreational vehicles, unlicensed or inoperable automobiles or trucks or other vehicles (except automobiles belonging to the Owner or an Owner's guest) shall at any time be stored or parked on the Property without the express written approval of the Board of Directors. Section 7. TIME SHARES. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. Section 8. RENTAL OF UNIT. A Unit may be rented by the Owner thereof provided that any lease agreement between an Owner and a tenant shall be in writing and shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and all of the Governing Documents and rules and regulations of the Association. Failure by the tenant to comply with the terms of this Declaration and the Governing Documents or the rules and regulations shall be a violation of the rules and regulations and subject. to fines as noted herein, and the Association shall have the right to enforce the terns of this Declaration, the Governing Documents or the Association rules and regulations by any legal means. Section 9. NUISANCES. No noxious or offensive activities shall be carved on in a Unit or on the Common Elements or Limited Common Elements, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the other Unit Owners or occupants. Section 10. HAZARDOUS WASTE. The term "Hazardous Substances ", as used herein shall mean pollutants, contaminants, toxic or hazardous wastes, or any other substances, the use and/or the removal of which is required or the use of which is restricted, prohibited or penalized by any "Environmental Law ", which term shall mean any federal, state or local law, ordinance or other statute of a governmental or quasi - governmental authority relating to pollution or protection of the environment. Owner agrees that (a) no activity will be conducted on the Property that will produce any Hazardous Substance; (b) the Property will not be used in any manner for the storage of any Hazardous Substances; (c) no portion of the Property will be used as a landfill or a dump; (d) Owner will not install any underground tanks of any type; (e) Owner will not allow any surface or subsurface conditions to exist or come into existence that constitute, or with the passage of time may constitute a public or private nuisance; (f) Owner will not permit any Hazardous Substances to be brought onto the Property. If at any time, a Unit is found to be contaminated or subject to Hazardous Substances, Owner shall diligently institute proper and thorough cleanup procedures at Owner's sole cost, and Owner agrees to indemnify, defend and hold harmless Declarant, the Association, its lenders, any managing agents of the Property, and their respective partners, officers, directors and employees, from all claims, demands, actions, liabilities, costs, expenses, damages (actual or punitive) and obligations of any nature arising from 13 or as a result of the use of the Property by Owner. The foregoing indemnification and the responsibilities of Owner shall survive Owner's sale of its Unit. ARTICLE IX. EASEMENTS Section 1. ELECTRIC EASEMENT. The Property is subject to a 50' easement in favor of Northern States Power Company dated April 5, 1924 and filed December 8, 1924 as Document Number 1250893 for construction, operation and maintenance of transmission of electrical energy. Section Z. UTILITIES AND DRAINAGE. Easements for installation and maintenance of utilities and drainage facilities are hereby created and dedicated in, over and upon the Common Elements. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements, or which may interfere with snow plowing or snow storage within these easements. Section 3. ROOF ACCESS AND COMMON ELEMENT UTILITIES. An easement for access for ingress and egress is hereby created and dedicated in, over and upon Unit 5 for access to the roof for maintenance and repair of the roof. An easement for access for ingress and egress is hereby created and dedicated in, over and upon Unit 1 for access to the water sprinkler system and telephone system serving the Building located on the West perimeter exterior wall of Unit 1. Within these easement areas, no structure, furniture, fixture, equipment, or other barrier shall be placed or permitted to remain which may damage or interfere with the access for ingress and egress or maintenance and repair of the roof and water sprinkler system and telephone system as stated herein. ARTICLE X. INSURANCE Section 1. REQUIRED COVERAGE. The Association shall obtain and maintain, at a minimum, a master policy or policies of insurance in accordance with the insurance requirements set forth in the Act and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: (a) Property insurance in broad form and flood insurance covering all risks of physical loss for the full insurable replacement costs of the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, less deductibles, exclusive of land, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery). The policy or policies shall cover personal property owned by the Association and shall name the Association as the named insured. The policy or policies shall also contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages, deductibles and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of a lender as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Board may also, on behalf of the Association enter into binding written agreements with a mortgagee, insurer or servicer, obligating the Association to keep certain specified coverages or endorsements in effect. (b) Comprehensive public liability insurance covering the ownership, existence, use, operation or management of the Property, with minimum limits of $1,000,000 per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location, and use to the Property. Unit owners shall be included as additional insureds but only 14 for claims and liabilities arising in connection with the ownership, existence, use, operation or management of the Common Elements and Limited Common Elements. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an owner or occupant of a Unit because of the negligent acts of the Association or other owners or occupants and shall cover claims of one or more insured parries against other insured parties. (e) Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed to be advisable by the board. The fidelity bond or insurance shall name the Association as the named insured and shall be written in an amount equal to the greater of (i) the estimated maximum of Association funds, including reserves, in the custody of the Association or management agent at any given time while the bond is in force, or (ii) a sum equal to three months aggregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. (d) Worker's compensation insurance, as required by law. (e) Policies carried pursuant to subsections (a) and (b) shall provide that: (1) each Member and any secured party of the Member's Unit is an insured person under the policy with respect to liability arising out of the Member's interest in the Building, the Common Elements, the Limited Common Elements or the Member's membership in the Association; (2) the insurer waives its rights to subrogation under the policy against any Member and against the Association and Directors; (3) no act or omission by any Member or secured party, unless acting within the scope of authority on behalf of the Association, shall void the policy or be a condition to recovery under the policy; and (4) the Association's policy shall be the primary insurance if, at the time of a loss under the policy, there is other insurance in the name of a Member covering the same property covered by the Association's. policy. Section 2. ASSOCIATION AND OWNER COVERAGE OF UNITS. In addition to casualty insurance on the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, the Association, through the Board of Directors, may elect to obtain and continue in effect, on behalf of all Owners, adequate broad -form blanket casualty and fire insurance in such form as the Board of Directors deems appropriate in an amount equal to the full replacement value, without deduction for depreciation or coinsurance, of the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, including the structural portions and fixtures thereof but exclusive of land, footings, excavation and other items normally excluded from coverage, owned by the Owners. Insurance premiums from any such blanket insurance coverage, and any other insurance premiums paid by the Association shall be an expense of the Association to be included in the regular annual assessments of the Owners, as levied by the Association. The insurance coverage with respect to the Building (excluding the Units), the Common Elements, the Limited Common Elements, and improvements on the Common Elements, shall be written in the name of, and the proceeds thereof shall be payable to the Association as trustee for the Owners. The Owners of a Unit shall maintain at all times full casualty insurance on their Unit for the full insurable value of said Unit, including personal property coverage for items stored within the Limited Common Elements associated with their Unit. The Owners shall also maintain at all times comprehensive public liability insurance covering their Unit and the Limited Common Elements associated with their Unit, with minimum limits of $500,000 per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location, and use to the Property. 15 Section 3. REPLACEMENT OR REPAIR OF PROPERTY. Any portion of the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, including the structural portions and fixtures thereof that has been damaged or destroyed by a loss covered by the Association's insurance shall be promptly repaired or replaced by the Association unless (i) the Condominium Common Interest Community is terminated; (ii) such repair or replacement would be illegal; or (iii) all Members of the Association (including each Member and first mortgagee on a Unit which shall not be rebuilt) vote not to rebuild. If less than the entire Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, including the structural portions and fixtures thereof is repaired or replaced, the insurance proceeds attributable to the damaged portion of the Property shall be used to restore the damaged area to a condition compatible with the remainder of the Property. The proceeds attributable to that portion of the Property which is not rebuilt shall be distributed to the owners of the Units and the secured patties of said Units, as their interests may appear in proportion to their common expense liability. The cost of repair or replacement of the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, including the structural portions and fixtures thereof in excess of insurance proceeds and reserves shall be paid as a common expense, and the cost of repair of a Unit in excess of insurance proceeds shall be paid by the respective Unit Owner. Section 4. CANCELLATION, NOTICE OF LOSS. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be cancelled or substantially modified, for any reason, without at least 30 days prior written notice to the Association, to all of the insureds, and to all mortgagees of the Units. Section S. REVIEW OF POLICIES. All insurance policies shall be reviewed at least annually by the Board of Directors in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs or replacement of the Building (excluding the Units), the Common Elements, the Limited Common Elements, improvements on the Common Elements, including the structural portions and fixtures thereof which may have been damaged or destroyed. Section 6. BLANKET CASUALTY INSURANCE BY OWNER If the Association does not elect to maintain blanket casualty and fire insurance pursuant to Section 2 of this Article, then the Owner of a Unit shall carry, maintain, and timely pay the premium or premiums on a policy of fire, extended coverage, vandalism, and malicious mischief, with all risk endorsement insurance. Said insurance shall cover a minimum of the entire replacement cost of the improvements in such Unit and Limited Common Elements associated with said Unit and shall provide for at least ten (10) days' notice to the Board of Directors of the Association before cancellation or material change in such insurance. Section 7. REALLOCATION OF INTERESTS FOR DESTROYED UNITS. If, pursuant to Section 3, a Unit is not rebuilt after a casualty, that Unit's entire interest in the Common Elements, votes in the Association and common expense liability are automatically reallocated as if the Unit had been condemned, and the Association shall promptly prepare, execute and record an amendment to the Declaration reflecting the reallocations. ARTICLE XI. SPECIAL PROVISIONS Section 1. OVERRIDING PROVISIONS. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. [L Section 2. NOTICE OF DEFAULT. A first mortgagee of a Unit, upon request, is entitled to written notification from the Association of any default in the performance by the Owner of any obligation under the Governing Documents known to the Association which is not cured within sixty (60) days. Section 3. EXEMPTION FROM RIGHT OF FIRST REFUSAL. Any first mortgagee of a Unit who obtains title to a Unit pursuant to the remedies provided in its mortgage, or by foreclosure of its mortgage, or by deed or assignment in lieu of foreclosure, will be exempt from any right of fast refusal contained in the Declaration or ByLaws. Section 4. LIABILITY FOR UNPAID ASSESSMENTS. Any fast mortgagee of a Unit who obtains title to a Unit pursuant to the remedies provided in its mortgage or by foreclosure of its mortgage shall not be liable for the unpaid assessments of the Unit which accrue prior to the acquisition of title to such Unit by the mortgagee. Section 5. RESTRICTED ACTIVITIES. Until the Association has received written approval from the fist mortgagees of Units, all Owners other than the Declarant and the Declarant during the Declarant Control Period, the Association shall not be entitled to: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or the Limited Common Elements. The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Elements or Limited Common Elements shall not be deemed a transfer within the meaning of this subsection; (b) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; .(c) By act or omission change, waive or abandon any scheme or regulations, or enforcement-thereof, pertaining to the architectural design or the exterior appearance of the Building, the maintenance of the Common Elements or Limited Common Elements, or driveways, or the upkeep of lawns and plantings; (d) Fail to maintain fast and extended coverage and flood insurance on insurable Common Elements or Limited Common Elements on a current replacement cost basis in an amount not less that 100% of the insurable value, based on current replacement costs; or (e) Use hazard insurance proceeds received for losses to any Common Elements or Limited Common Elements other than for the repair, replacement or reconstruction of such Common Elements or Limited Common Elements. Section 6. EXAMINATION OF BOOKS AND RECORDS. First mortgagees shall have the right to examine the books and records of the Association. Section 7. RIGHT TO CURE DEFAULT. First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Elements or the Limited Common Elements and may pay overdue premiums in hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Elements or the Limited Common Element, and first mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 17 Section S. PRIORITY OF FIRST MORTGAGEES. No provision of the Declaration or ByLaws shall be construed as giving to the Owner or to any other party priority over any rights of first mortgagees of Units pursuant to their mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Common Elements or Limited Common Elements. Section 9. FORECLOSURE OF FIRST MORTGAGES AND CONTRACTS. The sale or transfer of any Unit pursuant to the foreclosure of a first Mortgage, or pursuant to any other proceeding or arrangement in lieu of such foreclosure or cancellation, shall extinguish the lien of all other assessments as to the installments which became due prior to the effective date of such sale, transfer or acquisition by the Mortgagee to the end that no assessment liability shall accrue to an acquiring Mortgagee except with respect to installments of assessments becoming due after possession has passed to such acquiring Mortgagee, whether such possession has passed at the termination of any period of redemption or otherwise; provided, however, that if a first mortgage on a Unit is foreclosed and no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes Chapters 580, 581 or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to Sections 515B.3 -115 (a), (e)(f) to (5), (f), and (i) of the Act, which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. In the event of the extinguishment of such assessment lien as aforesaid, the entire amount of such unpaid assessment shall be reallocated and assessed against, and payable by the Owners of the remaining Units in the Association, exclusive of such encumbered Unit. No such sale, transfer or acquisition of possession shall relieve an Owner of a Unit from liability for any assessments thereafter becoming due or from the lien thereof, nor shall it relieve the person personally obligated to pay the assessments which were levied prior to the transfer of such Unit from the personal obligation to pay the same. ARTICLE XII. MAINTENANCE AND UNIT ACCESS Section 1. COMMON AREA MAINTENANCE. The Association shall be responsible for and vested with the exclusive management and control of the Common Elements and all improvements thereon (including furnishings and equipment related thereto), and shall keep the same in good, clean, attractive and sanitary condition, order and repair (consistent with its natural character). Said maintenance, repair and replacement of the Common Elements shall include, but not be limited to, all expenses incurred by the Association for the maintenance, repair, and operation of the Property including but not limited to management fees; Common Element utilities; water and sewer systems for the Property; exterior lighting and maintenance; maintenance of electrical service for the Common Elements; exterior Building maintenance in connection with the repair, replacement, painting, cleaning and care of exterior siding surfaces, soffits, facia, gutters, downspouts, and the roof; care and replacement of landscaping, lawn, trees, bushes, shrubs, grass, garden areas, sidewalks, driveway and other exterior improvements; snow removal from the sidewalks, parking lot and driveway; maintenance equipment and tools used on the Property; security; amounts paid to contractors or subcontractors for work or services performed in connection with the operation and maintenance of the Property; and all services, supplies, repairs, replacements or other expenses for maintaining, repairing and operating the Property as may be determined by the Association from time to time. All such maintenance, repairs and replacements shall be done as and when, and to the extent that, the Board deems it necessary or desirable. Section 2. UNIT ACCESS AT REASONABLE HOURS. For the purpose solely of performing the maintenance and repairs authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right, after reasonable notice to the Owner, to enter a Unit with such persons and material as the Association deems necessary at reasonable times during the day. In addition to the foregoing, the Association shall have permanent easements through (a) Unit I for access to the Building's sprinkler system and telephone equipment located on the westerly perimeter wall of Unit 1, and (b) Unit 5 for access to the roof. 18 Section 3. EMERGENCY UNIT ACCESS. For the purpose of performing emergency action to seal the Building and a Unit from weather or otherwise to prevent damage or destruction to the Building or a Unit, the Association through its duly authorized agents or employees, shall have the right to enter the Building or a Unit at any time, without notice, with such persons and material as the Association deems necessary to accomplish such emergency repairs or to take such emergency action. Section 4. UNIT MAINTENANCE. Owner shall keep, maintain and preserve its Unit and the Limited Common Elements associated with its Unit in a first class condition. Owner at its sole cost and expense will provide janitorial service for the interior of the Unit as described in Article II, Section 4, and be responsible for all utility services for which the Unit is separately metered. Owner shall promptly perform at its own risk, cost and expense all maintenance and repair work with respect to the portion of each Unit which it owns that does not comprise a part of the Common Elements or Limited Common Elements, and which if omitted, would adversely affect the safety of the Building or other Unit Owners. Said interior repairs and replacements shall include, but are not limited to, all doors, garage doors, loading dock areas, windows, interior walls, floors, floor coverings, light bulbs, plumbing systems and plumbing fixtures, hot water systems, and electrical fixtures. Each Owner shall be liable for any damages, liabilities, costs or expenses including attorneys' fees, caused by or arising out of its failure to promptly perform any such maintenance and repair work. ARTICLE XIII. EMINENT DOMAIN Section 1. TOTAL TAING OF UNITS AND BUILDING. If the Building and Units are acquired by eminent domain, the award, including severance damages, shall compensate the Association, the Owners of the Units and holders of fast mortgages or other security interest of record as their interests rnay appear. Section 2. PARTIAL TAKING OF UNITS AND BUILDING. Unless treated as a total taking under.Section 1, if part of the Property is acquired by eminent domain, the award shall compensate the Association, Owners and first mortgagees of the Units as their interests may appear for the reduction in value of the Common Elements, the Limited Common Elements, the Units and the Building. A partial taking of the Common Elements, Limited Common Elements or Units shall not affect the voting rights or liability of that Unit for common expenses or limited common expenses. Section 3. TAKING OF COMMON ELEMENTS. If part of the Common Elements is acquired by eminent domain, the award shall be paid to the Association. The Association shall divide any portion of the award not used for any restoration or repair of the remaining Common Elements among the Owners and first mortgagees as their interests may appear in proportion to their votes in the Association before the taking. ARTICLE XIV, GENERAL PROVISIONS Section 1. ENFORCEMENT. The Association or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 19 Section 2. RULES AND REGULATIONS. The Association may make reasonable rules and regulations governing the use of the Units, the Common Elements and of the Limited Common Elements, which rules shall be consistent with the rights and duties established in this Declaration. The Declaration shall supersede any conflicting rules and regulations established by the Association. Section 3. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions which shall remain in full force and effect. Section 4. BINDING EFFECT. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by, the Association or the Owner of any Unit subject to this Declaration, their respective legal representatives, heirs, successors and assigns. Section 5. AMENDMENT. Except as provided in the Act or as otherwise provided herein, the covenants and restrictions of this Declaration may be amended only by the assent of sixty-seven percent (67 %) of the Members. Any amendment must be properly recorded and a recorded certificate of the Secretary of the Association certifying that the amendment was approved by sixty-seven percent (67 %) of the Members shall be sufficient evidence of such fact. The prior written approval of all of the first mortgagees of Units or Owners other than the Declarant shall be required for any amendment of this Declaration which would affect the right of the Association to do any of the acts specified in Article XI, Section 5(a), (b), (c), (d) and (e). Section 6. NOTICES. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed postage -paid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of mailing. i Section 7. MERGERS. Upon a merger or consolidation of the Association with another corporation as provided in its Articles and Bylaws, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or corporation, or, alternatively, the properties, rights and obligations of another corporation may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated corporation may administer the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or additions to the covenants established by this Declaration within the Property except as hereinabove provided. [Remainder of Pafe Intentionally Left Blankl 20 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto caused these presents to be executed as of the date first above written. K -Jads, LLC a Minnesota limited liability company By: Steven E. Wirth Its: Chief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) QL �� I Sworn to and subscribed before me thisci day of � 005, by Steven E. Wirth, as Chief Manager of K -Jads, LLC, a Minnesota limited liability company, on behalf of the limited liability company. I Notary Public My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY AND SHOULD BE RETURNED TO: Marvin A. Liszt, Esquire BERNICK AND LIFSON, P.A. 5500 Wayzata Boulevard, Suite 1200 Minneapolis, MN 55416 -1270 Telephone: (763) 546 -1200 21 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS COMMON INTEREST COMMUNITY NUMBER 1635, A CONDOMINIUM CAHILL INDUSTRIAL PARK CONDOMINIUM I EXHIBIT A Legal Description of the Property Lot 2, Block I, Edina Interchange Center Fifth Addition, Hennepin County, Minnesota. 22 r CIC NO. 1635, A CONDOMINIUM CAHILL INDUSTRIAL PARK CONDOMINIUM EXHIBIT B Allocation of Undivided Interest in Common Elements, Common Expenses and Votes in the Association Unit No. Square Feet Percentage 1 2071 0.0858 2 2300 0.0952 3 2290 0.0948 4 2067 0.0856 5 3621 0.1499 6 2493 0.1032 7 2735 0.1133 8 2596 0.1075 9 2567 0.1063 10 1409 0.0584 Totals 241491 1.0000 23 CONSENT AND JOINDER BY MORTGAGEE BankCherokee, a Minnesota banking corporation, with offices at 607 South Smith Avenue, St. Paul, Minnesota, is a mortgagee of the real property as described on Exhibit A attached hereto and made a part hereof, located in Hennepin County, Minnesota, by Mortgage, Security Agreement and Fixture Financing Statement dated August 26, 2005, and filed for record in the Office of the Hennepin County Registrar of Titles on , 2005, as Document No. , and Assignment of Leases and Rents dated August 26, 2005, and filed for record in the Office of the Hennepin County Registrar of Titles on , 2005, as Document No. . In its capacity as mortgagee, BankCherokee, a Minnesota banking corporation, hereby consents to and joins in the Declaration for Cahill Industrial Park Condominium, a Condominium, Common Interest Community Number 1635, and the Common Interest Community Plat for Cahill Industrial Park Condominium recorded simultaneously herewith. IN WITNESS WHEREOF, BankCherokee a Minnesota banking corporation, has caused this Consent and Joinder to be executed on the day of 2005. BankCherokee By: Its: 0 A 4 ;>ls�'�' STATE OF MINNESOTA COUNTY OF RAMSEY The forego' g w s acknowledged before e this day of �+lZ , 2005, by 6.j 9P , as the of BankCherokee, a Minnesota banking corpora n, on behalf of BankCherokee. Notary Public My Commission Expires: �.� PHYLLIS A MANDEL NOTARYPUBLIC MINNESOTA MY COMMISSION EXPIRES JAN. 31 2010 EXHIBIT A TO CONSENT AND JOINDER BY MORTGAGEE Lot 2, Block 1, Edina Interchange Center Fifth Addition, Hennepin County, Minnesota. 2 �i w F *ST � E �i N ID \O 3. 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