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HomeMy WebLinkAbout2664EOM R *Qr—, OAN I N c uYK, ` HENHEPI,N COUNTY PROPERTY DIVISIONS SHEET NO. I OF /DIVISION # 08015 MUNICIPALITY: EDINA (24) aQQ'j PAY •/ ��jj * NEW PLAT * TO ASSR SCH DIST 273 WATERSHED 3 SEWER DIST �PY� R * REQUEST * FROM ASSR IF PROJ # 1200 GREEN C OP N SPACE DAT 05 * WD * VALUE CHECK TRANS LINE /EZ INDIC BY * QCD * SPEC CHECK FILED- a- 1 --7/ * CD * COMPUTER DIVIDE /COMBINE: APPROVE6 /' / * OTHER * COMPLETED PROPERTY ID 18-028 -24 41 0384 PROPERTY ADDRESS 00024 ADDRESS PENDING OWNER 50.00 FRANCE COMPANY.Z/4,4 G�IJ;�'%0 ADDITION NAME DATE FILED ADDN# TAXPAYER N/A 5000 FRANCE COMPANY REGISTERED LAND SURVEY NO. 1785 09/21/2007 09165 5850 OPUS PKWY #108° MINNETONKA MN 55343 DATE OF LAST IRAN 02/29/08 02/11/08 LOT BLOCK ACREAGE 0.00 APPROX PARCEL SIZE IRREGULAR METES &BOUNDS DESCRI,PTI.ON TRACTS B, C, D, E, F, H, J, K, R, S, U, V, W, X, BB, CC, DD, EE, FF, GG, HH, II, KK, LL, MM, NN, 00, PP, QQ, RR, TT, UU, VV, WW, XX, YY, ZZ, AAA, CCC, ODD, EEE, FFF, GGG, AND JJJ (PARENT TAX PARCEL FOR CIC NO 1890) SR EX AG PT H OWN% LAND BLDG MACH TOTAL H -BASE1 H -BASE2 N /H -BASE1 N/H TC GROSS TC / % / /3s'GU� 9 /vv X DIVISION /COMBINATION: NEW PROPERTY ID'S F E-CEI ED SEC TW-P RG QQ SUFX 18- 028 -24 41 0387 18- 028. -24 41 0390 18- 028 -24 41 0393 18- 028 -24 41 0396 18- 028 -24 41 0399 18- 028 -24 41 0402 18- 028 -24 41 0405 18- 028 -24 41 0408 SEC TWP RG QQ SUFX 18- 028 -.24 41 0388 18- 028 -24 41 0391 18- 028 -24 41 0394 18- 028 -24 41 0397 18- 028 -2441 0400 18- 028 -24 41 0403 18- 028-24 41 0406 18- 028 -24 41 0409 SEC TWP RG QQ SUFX 18- 028 -24 41 0389 18- 028 -24 41 0392 18- 028 -24 41 0395 18- 028 -24 41 0398 18- 028 -24 41 0401 18- 028 -24 41 0404 18- 028 -24 41 0407 D DIVISIONS &COMBINATIONS .Municipality: (24) Edina Sheet Of A�+cPROPERTY [�'w � n� 080151 Division Form No. HCPT03 -2 (11/97) Date: 5/14/2008 09:04 A Page 1 of 6 $8��,103`87i�,� Owner: MARY - M MOFFETT Property Address 24 ADDRESS PENDING Taxpayer: MARY M MOFFETT 5 0 0 0 FRANCE AVE S #21 Mortgage Loan No: EDINA MN 55410 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 21 '� }8018' 24.1 038$ ,Owner: D HARDING /W JOHNSON - HARDING Property Address 24 ADDRESS PENDING Taxpayer: DAVID HARDING WINONA S JOHNSON- HARDING Mortgage Loan No: 5000 FRANCE AVE S #22 Mortgage Code: EDINA MN: 55410 Addition No: 31890 Lot: 'Block:, Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 22 Owner:. 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY ##108 Mortgage Loan No: MINNETONKA MN 5 5 3 4 3 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 23 0181:41094 == Owner: Taxpayer: 5000 FRANCE COMPANY 5000 FRANCE COMPANY 5850 OPUS PKWY ##108 MINNETONKA MN 55343 Property Address Mortgage Loan No: Mortgage Code: 24 ADDRESS PENDING Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size; IRREGULAR Metes & Bounds Description: UNIT NO 24' PROPERTY DIVISIONS &COMBINATIONS Municipality: (24) Edina Sheet Of����Q� 080151 Division Form No. HCPT03 -2 (11/97) Date: 511'412p08 09:04 A Page 2 of 6 0 Owner: DAVID W & DONAMARIE A GADTKE Property Address 24 ADDRESS PENDING Taxpayer: DAVID -W & DONAMARIE A GADTKE 6314 MCINTYRE POINTE Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT. NO 25 T8 02$ 24 41'x03 � Owner:" 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING " Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 31890 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 26 f W. gw �Q Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5 0 0 0 , FRANCE COMPANY 5850 OPUS PKWY . # 10 8 Mortgage Loan No: MINNETONKA MN ' 55343 Mortgage Code: Addition No: 31890 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 27 8 ^7 Q4 Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE .COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block;- Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description:" 'UNIT-NO - 28 PROPERTY DIVISIONS &COMBINATIONS Municipality: (24) Edina Sheet 10,llr 33 Division Form No. HCPT03 -2 (11/97) Date: 5/14/2008 09:04 A Page 3 of 6 50.00 5000. FRANCE FRANCE COMPANY Property Address 24 ADDRESS PENDING p y .COMPANY �180$�2�4�41��395� Owner: D W 'ENGELSMA & M E ENGELSMA Property Address 24 ADDRESS PENDING Taxpayer: DANIEL & MICHELE ENGELSMA 5000 FRANCE AVE. S #31 Mortgage Loan No: EDINA MN 55410 Mortgage Code: Addition No: 31890, Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 31 Ell 1802$�24x1'U3961n Owner: 5000 "FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343. Addition No: 318 9 0 Lot: Mortgage Code: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 32 vs Owner:. 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING 0224 d10397r p Y Taxpayer:,. 5 0.0 0 FRANCE COMPANY 5850 OPUS PKWY ##108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 33 ' ,' n a� �� `� Owner: $ 4Wt �Q39$ Taxpayer: 50.00 5000. FRANCE FRANCE COMPANY Property Address 24 ADDRESS PENDING p y .COMPANY 5 8 5 0 OPUS PKWY .# 10 8 Mortgage Loan No: MINNETONKA MN .55343 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 34 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ► Edina Sheet Of VI �Q� 080151 Division Form No. HCPT03 -2 (11/9 Date: 5/14/2008 09:04.A Page 4 of 6 l `02$44'1 �0399��" Owner:MARCIA FRANTZEN Property Address 24 ADDRESS ` PENDING Taxpayer: MARCIA FRANTZEN 5000 FRANCE AVE S#35 Mortgage Loan No: ADINA MN 55410 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 35 s Uy 8 0 8 r14`04 1 Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block: Metes & Bounds Description: UNIT NO 36 Acreage: Approx. Parcel Size: IRREGULAR x' Owner: ANNA MITIE MORGAN Taxpayer: ANNA MIT.IE MORGAN 5000 FRANCE AVE.S #37 EDINA MN 55410 Addition No: 31890 Lot: Block: 'Acreage: Metes & Bounds Description: UNIT NO 3 7 Ir$U$ 24,41 Q4Q2 Owner: 5000 FRANCE COMPANY Taxpayer: 51000 FRANCE COMPANY 5850* OPU'S PKWY #108 MINNETONKA MN 55343 Addition No: 318 9 0 Lot: 3lock: Acreage: Metes & Bounds Description: UNIT NO 3 8, Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: ( 24 ) Edina: Sheet Of "` ' S� n M 080151 Division Form No. HCPT03 -2 (1 vs7) Date: 5/14/2008 09:04 A Page 5 of 6 Owner: JOANN K NASBY JAMES A NASBY / Property Address 24 ADDRESS PENDING Taxpayer: JOANN K & JAMES ,A NASBY 5000 FRANCE AVE " S #41 Mortgage Loan No: EDINA MN 55410 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 41 x18'02$ 404 Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block:, Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 42 0 Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5850 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 43' (k �e1Q�`Q6 Owner: 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5000 FRANCE COMPANY 5 8 5 0 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN, 55343 Mortgage Code: Addition No: 31890 Lot: Block: -, Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 44 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ) Edina Division Form No. Sheet Of Wall 080151 HCPT03 -2 (11/97) Date:,5/14/2008 09:04 A Page 6 of 6 - T Q� a � .,� �1v08 °44'i ;04U7;a Owner:° 5000 FRANCE COMPANY Property Address 24 ADDRESS PENDING Taxpayer: 5 0 0 0- FRANCE COMPANY - 5 8 5 0 OPUS PKWY #108 Mortgage Loan No: MINNETONKA MN 55343 Mortgage Code: Addition No: 31890 Lot: 'Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 45 ���0A$�24 -�� 0408; Owner:' 5000 FRANCE COMPANY Property Address �24 ADDRESS PENDING Taxpayer: 5 0 0 0 FRANCE COMPANY 58 5 0 OPUS PKWY # 10 8 Mortgage Loan No: MINNETONKA MN ` 55343 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 46 8 0 4 41 Q409 Owner:' JAMES R PADDON Property Address 24 ADDRESS PENDING Taxpayer: JAMES R PADDON 5000 FRANCE AVE S'#47 Mortgage Loan No: EDINA MN 55410 Mortgage Code: Addition No: 318 9 0 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 4 7 t i- � " ell- r Doc No 4453063 12111/2007 09:00 AM �'► Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles JranslD 361196 Deputy 45 New cert Cert Fees 1215851 1212139 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TS;;R $1.50 AF $10.50 STATEFEE $40.00 EXCHFEE ' $44.00 PLT $142.00 Total $SS THJ CIC PLAT FILED AS PART OP THIS DECLARATION .I 4 E! j DECLARATION 5000 FRANCE CONDOMINIUM as L%,;) ?C `oR % XZ3 PA;b TAXPAYER SERVICES TRANSFER ENTERED 1 DEC 112007 H NN i' 1 UN MINN. _,.� oEpUTY e ' - 5000 FRANCE CONDOMINIUM COMMON INTEREST COMMUNITY NO. 1890 A Condominium - 5000 FRANCE CONDOMINIUM DECLARATION TABLE OF CONTENTS 4 Page SECTION1 DEFINITIONS ......................................................................... ..............................2 SECTION 2 DESCRIPTION OF UNITS AND BOUNDARIES, AND RELATED EASEMENTS AND RESTRICTIONS ................................................. ..............................4 SECTION 3 COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHERPROPERTY ........................................................................... ..............................4 SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS, INTERESTS AND OBLIGATIONS................................................................................... ............................... 8 SECTION 5 ADMINISTRATION ................................................................. ..............................9 SECTION 6 ASSESSMENTS ...................................................................... .............................10 SECTION 7 RESTRICTIONS ON USE OF PROPERTY ........................... .............................14 SECTION 8 MAINTENANCE AND REPAIR ...................::....................... .............................19 SECTION 9 INSURANCE ....................... ............................:.. ......20 SECTION 10 RECONSTRUCTION, CONDEMNATIONjAND EMINENT DOMAIN........................... ......................... . ................................................ .......... ...........:.23 SECTION l I EASEMENTS ....................................................................... .............................24 SECTION 12 COMPLIANCE AND REMEDIES ...................................... .............................26 SECTION 13 AMENDMENTS .....................................................:.... ............................... ......29 SECTION 14 RIGHTS OF ELIGIBLE MORTGAGEES.., ...... : ............................................. 29 SECTION 15 SPECIAL DECLARANT RIGHTS ..................................... .............................31 SECTION 16 MISCELLANEOUS..... ................................................. ...... ............ 32 (Above Space Reserved for Recording Data) COMMON INTEREST COMMUNITY NO. 1890 Condominium 5000 FRANCE CONDOMINIUM DECLARATION This Declaration is made in the County of Hennepin, State of Minnesota, on this - 1 ' day of September, 2007, by 5000 France Company, a Minnesota corporation (the "Declarant "), pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota Common Interest Ownership Act (the "Act "), for the purpose of creating 5000 France Condominium as a condominium under the Act. WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota, legally described in Exhibit B attached hereto, an d Declarant desires to submit said property to the Act as a condominium, and, WHEREAS, Declarant desires to establish on said, property a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, quality, and character of said property, and WHEREAS, the Property (as defined hereafter) (i) is -not subject #o an ordinance referred to in Section 51513.1 -106 of the Act, governing conversions to common interest ownership; (ii) is not subject to a master association as defined in the,Act; and (iii) does not include any shoreland as defined in Minnesota Statutes Section 103F.205. THEREFORE, Declarant subjects the Property to this Declaration under the name "5000 France Condominium," initially consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned, used, occupied and conveyed subject to the;; covenants, restrictions, easements, V ♦ �. 41 l j charges and liens set forth herein, all of which shall be binding upon all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise)- 1.1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B, as amended. 1.2 "Assessments" means and refers to all assessments levied by the Association pursuant to Section 6 of this Declaration. 1.3 "Association" means 5000 France Condominium Association, a Minnesota nonprofit corporation, which has been created pursuant to Minnesota Statutes Chapter 317A and Section 515B.3 -101 of the Act, whose members consist of all 'Owners. 1.4 "Board" means the Board of Directors of the; Association as provided for in the Bylaws. 1.5 "Building" means the structure which is or becomes a part of the Property and contains the Units, the Parking Garage and a portion of the Commercial Property and related improvements. 1.6 "Bylaws" means the Bylaws governing the; operation of the Association, as amended from time to time. 1.7 "City" means the City of Edina, Minnesota. 1.8 "Commercial Owner" means the owner(s) of the Commercial Property, its successors or assigns, or an association formed for the purpose of governing the Commercial Property. 1:9 "Commercial Property" means the property legally described on , Exhibit C attached hereto. '1 ii 1.10 , "Common Elements" means all parts of the Property including all improvements thereto, except the Units. 1.11 "Common Expenses' means all expenditures .made or liabilities incurred by or on behalf of the Association and incident to its operation, including, but not limited to, expenses for which Assessments are made and items otherwise identified as Common Expenses in this Declaration or in the Bylaws. -2- 1.12 "Condominium Property" means the "Property." 1.13 "Declarant Control Period" means the time period during which Declarant has the exclusive right to appoint the members of the Board, as described in Section 15.7. 1.14 "Eligible Mortgagee" means any Person which owns a first mortgage on a Unit and which has requested in writing that the Association notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.15 "Governing Documents" means 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. 1.1 b "Limited Common Elements" means a portion,of the Common Elements allocated by this Declaration or by operation of Section 51 5B.2- 102(d) or (f) of the Act for the exclusive use of one or more, but fewer than all, of the Units. 1.17 "Member" means all persons who are members of the Association by reason of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1:18 "Occupant" means any person or persons, other than an Owner, in possession of or residing in a Unit. 1.19 "Owner" means a Person who owns a Unit, but excluding contract for deed vendors, mortgagees, holders of reversionary or remainder interests in life estates and other secured parties within the meaning of the Act. The term "Owner" includes contract for deed vendees and holders of a life estate. 1.20 "Parking Garage" means the uriderground parking garage located within the Building containing parking stalls and storage units which are licensed to the Unit Owners for use by Owners, Occupants and their invitees. 1.21 "Person" means a natural individual, corporation, limited liability company, partnership, limited liability partnership, trustee, or other legal entity capable of holding title to real property. 1.22 1, "Plat" means the recorded plat depicting the Property - pursuant to the requirements of Section 515B.2- 110(c) `of the Act, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 1.23 "Property" means all of the real property subjected to this Declaration, now or in the future, including the Units and all other structures and improvements located thereon (including all fixtures and equipment located thereon and owned by the Owner of the Property). The Property is legally described in Exhibit B attached hereto: 1.24 "Rules and Regulations" means the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. -3- 1.25 "Unit" means a part of the property within the Building, including one or more rooms or enclosed spaces, occupying part of one or more floors, designed and intended for separate ownership and use, as described in Section 2 and shown on the Plat. Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have the meaning set forth in the Act. References to Section numbers refer to the Sections of this Declaration unless otherwise indicated. References to the singular may refer to the plural, and conversely, depending upon context. SECTION 2 DESCRIPTION OF UNITS AND BOUNDARIES, AND RELATED EASEMENTS AND RESTRICTIONS 0 2,1. Units. There are 23 Units, subject to Declarant's exclusive right to subdivide, convert or combine Units in accordance with Section 15. All Units are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference. A schedule of Units is set forth in Exhibit A attached hereto. 7 2.2. Unit Boundaries. The boundaries of each Unit shall be the interior unfinished surfaces of its perimeter walls, floors and ceilings. Wallpaper, paneling, tiles and other finishing materials adhered to the interior of the Unit boundaries shall be a part of the Unit; provided, that any load bearing portions of any interior or perimeter walls, columns, ceilings or floors, and any common utility lines or other common Building systems, facilities, or equipment located in or passing through a Unit to the extent same are part of the Property, shall be Common Elements. The boundaries of each Unit shall also extend along the' inside unfinished surfaces of its perimeter doors and windows, and their frames, and said perimeter doors, windows and frames, and their .hardware, shall be Limited Common Elements allocated to such Unit. Subject to this Section and Section 3, all spaces, interior partitions, and interior fixtures and improvements located within the boundaries of a Unit are a part of the Unit. 2.3 Appurtenant Easements. The Units, shall be subject to and benefited by the easements described in Section 11. SECTION 3 COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY 3.1. Common Elements. The Common; Elements and their characteristics are as follows: 3.1.1. All of the Property not included within the Unit boundaries and any load bearing portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility lines or other common Building systems, facilities, or equipment located in or passing through a Unit (to the extent same are part of the Property) shall be Common Elements. The Common Elements include, ut are not limited to, all areas and so items listed in this Section 3, and those parts of the Property designated as Common Elements on the Plat or in the Act. 3.12 The Common Elements shall be subject to (i) easements as described in this Declaration, the Plat and any other recorded instrument; (ii) the rights of Owners and Occupants in Limited Common Elements allocated to their respective Units and (iii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. 3.2_ Limited Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units to which they are allocated. The rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units, as follows: 3.2.1. Those items or areas designated as Limited Common Elements on the Plat or by the Act are allocated to the Units indicated thereon or therein. 3.2.2. Improvements, if any, such as decks, patios, porches, balconies, terraces, shutters, awnings, exterior windows and doors, window boxes, chimneys, driveways, walks, doorsteps and stoops, constructed as part of the original construction to serve a single Unit or Units, and replacements and modifications thereof authorized pursuant to Section 7.10, and located wholly or partially outside' the Unit boundaries, are allocated exclusively to the Unit or Units which they serve. 3.2.3. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, or any other components or fixtures lying wholly or partially outside the Unit boundaries, and serving only that Unit or Units, are allocated to the Unit or Units they serve. Any portion of such installations serving or affecting the function of the Common Elements is a part of the Common Elements. 3.2.4. Heating, ventilating or air conditioning equipment serving only a certain Unit or Units, and located wholly, or partially outside the Unit boundaries, are allocated to the Unit or Units served by such equipment. �? i 3.3. Parking Stalls. The Parking Garage includes Common Element vehicle parking stalls (collectively the "Stalls" or individually a "Stall "). J The Stalls shall be Iicensed and assigned to the Units and/or the 'Association, subject to the terms and conditions set forth in this Section 3.3 and the operation and transfer of the Stalls shall be administered by the Association in accordance with this Section 3.3. The following condition_ s and restrictions shall govern the licensing, assignment, use and transfer of the Stalls. 3.3.1. The initial assignment of each of the Stalls shall be made by Declarant, at its discretion. Declarant shall assign the exclusive right and license to use a previously unassigned Stall designated by Declarant to each Unit conveyed by Declarant and shall provide to the Association .a copy of the certificate evidencing the Stall assignment. At least one Stall license shah be assigned to each Unit at the time of Declarant's initial . conveyance of such Unit. Any Stalls remaining after all Units owned by Declarant or its -5- 1 A 7 affiliates have been conveyed may be assigned to the Association, or reserved for guest or handicapped parking, as directed by Declarant. 3.3.2. Upon and following Declarant's initial assignment of a Stall to a Unit, the use rights with respect to the Stall shall be deemed! to be perpetually licensed by the Association exclusively to the Unit to which the Stall is assigned, subject to reassignment in accordance with Section 3.3.3. The Association sl%all maintain records identifying the Stalls, the Units to which they are assigned, the names of the Owners of the Units, and the dates of assignment and any reassignments of the license in accordance with the terms r this r. , r aL it t ell a by the of his Section. A written certlf cedon of {.Ale aSSIgImmem shall ue delivered Association to the Owner upon the Owner's request. The Association shall not unilaterally reassign any Stall assigned to a Unit, and reassignments shall be made only in accordance with Section 3.3.3. At least one Stall shall remain assigned to each Unit at all times. 3.3.3. The license to use a Stall shall remain with the Unit to which it is assigned until the license is reassigned in accordance with this Section 3.3. Subject to Section 3.3.2, a Stall license may be reassigned to another Unit, but only by first delivering to the Association a written request to reassign such Stall, iri form approved by the Association, signed by the Owner(s) of the Unit to which the _Stall is then assigned and by the Owner(s) of the Unit to which the Stall license is to be reassigned. The Association shall review the proposed reassignment for compliance `with this Section 3.3, and if the reassignment complies, the Association shall transfer the license on its records as requested, and shall issue a new Stall license to the Owners) of the Unit to which such Stall has been reassigned. In the absence of a proper reassignment to the contrary, a Stall license assigned to a Unit at the time of such Unit's conveyance shall be reissued by the Association at the time of conveyance to the new Owner(s) of such Unit. 3.3.4. Except as authorized by the Board, Owners may rent or allow the use of their assigned Stall(s) only to or by other Owners and! Occupants. The lease or other use right shall be in written form, and shall terminate when the lessor, lessee or other user is no longer an Owner or Occupant, regardless of the terms of any agreement to the contrary. The Owner shall give "the Association advance written notice' of any lease or use agreement with respect to such Owner's Stall, and,; shall provide a copy of the lease or use agreement to the Association upon its request. The Association may hold, convey and reassign the license to, or rent or permit guest or handicap parking within a Stall assigned to it. - t 3.3.5. The interest of a secured party holding a first lien on a Unit includes the license to any Stall which is assigned to the Unit at the time of foreclosure of the secured party's lien-, provided that, unless the secured party has given written notice to the Association of a contrary agreement with the Owner of the Unit, the secured party's consent to the assignment of a Stall license prior to the -commencement of a foreclosure action shall not be required if at least one Stall remains licensed to the Unit. 3.3.6. The use of the Stalls and the Parking, Garage, and the size and types of cars and other vehicles which may be kept in the Parking Garage, are subject to Rules and Regulations approved from time to time by the Board. The Association shall apply for and maintain any permits required for the Parking Garage. 3.3.7. Any license, lease, rental, use, assignment, transfer or purported transfer of any interest in a Stall in violation of this Section shall be void. 3.4. Storage Units. The Parking Garage includes Common Element storage units (collectively the "Storage Units" or individually a "Storage.N Jnit "). The Storage Units shall be licensed and assigned to the Units and/or the Association, subject to the terms and conditions set forth in this Section 3.4 and the operation and transfer of the'Storage Units shall be administered by the Association in accordance with this Section 3.4. The following conditions and restrictions shall govern the licensing, assignment, use and transfer of the Storage Units. 3.4.1. The initial assignment of each of the Storage Units shall be made by Declarant, at its discretion. Declarant shall assign the exclusive right and license to use a previously unassigned Storage Unit or Storage Units designated by Declarant to each Unit conveyed by Declarant and shall provide to the Association a copy of the certificate evidencing the Storage Unit assignment. At leastione Storage Unit license shall be assigned to each, Unit at the time of Declarant's initial conveyance of the Unit. Any Storage Units remaining after all Units owned by Declarant or its affiliates have been conveyed may be assigned to the Association, or reserved for use by the Association, as directed by Declarant. 3.4.2. Upon and following Declarant's initial assignment of a Storage Unit to a Unit, the use rights with respect to the Storage Unit shall be deemed to be licensed by the Association exclusively to the Unit to which the Storage Unit is assigned, subject to reassignment in accordance with Section 3.4.3. The Association shall maintain records identifying the Storage Units, the Units to which they are assigned, the names of the Owners of the Units, and the dates of assignment and any reassignments of the license in accordance with the terms of this Section. A written,Icertification of the assignment shall be delivered by the Association to the Owner upon the Owner's request. The Association shall not unilaterally reassign any Storage Unit assigned to a Unit,'and reassignments shall be made only in accordance with this Section 3.4. At least one Storage Unit shall remain assigned to each Unit at all tines. 3.4.3. The license to use a Storage Unit shall remain with the Unit to which it is assigned until the license is reassigned in accordance'with this Section 3.4. '�ubje& to Section 3.4.2, a Storage Unit license may be reassigned to another Unit, but only by first " delivering to the Association a written request to reassign such Storage Unit, in form approved by the Association, signed by the Owner(s) of the Unit to which the Storage Unit is then assigned and by the Owner(s) of the Unit: to which the Storage Unit license is to be reassigned. The Association shall review the proposed reassignment for compliance with this Section 3.4, and if the reassignment complies, the Association shall transfer the license on its records as requested, and shall issue a new Storage Unit license to the Owner(s) of the Unit to which such Storage Unit has been reassigned. The license to use the Storage Unit shall remain with the Owner(s) of the Unit to which such Storage Unit has been reassigned. In the absence of a proper reassignment to the contrary, a -7- Storage Unit license assigned to a Unit at the time of such Unit's conveyance shall be reissued by the Association at the time of conveyance..'-to the new Owner(s) of such Unit. tl 3.4.4. Except as authorized by the Board, Owners may rent or allow the use of their assigned Storage Unit(s) only to or by other Owners and Occupants.. The lease or other use right shall be in written form, and shall terminate when the lessor, lessee or other user is no longer an Owner or Occupant, regardless of the terms of any agreement to the contrary. The Owner shall give the Association advance written notice of any lease or use agreement with respect to such Owner's Storage Unit, and shall provide a copy of the lease or use agreement to the Association upon its request. The Association may hold, convey and reassign the license to, or rent, a Storage Unit assigned to it. 3.4.5. The interest of a secured party holding a first lien on a Unit includes the, license to any Storage Unit which is assigned to the Unit at the time of foreclosure of the secured party's lien; provided that, unless the secured party has given written notice to the Association of a contrary agreement with the Owner of the Unit, the secured party's consent to the assignment of a Storage Unit license prior to the commencement of a foreclosure action shall not be.required if at least o>e Storage Unit remains licensed to the Unit. 3.4.6. The use of the Storage Units and the types of materials which may be kept in the Storage Units, are subject to Rules and Regulations approved from time to time by the Board. 3.4.7. Any license, lease, rental, use, assignment, transfer or purported transfer of any interest in a Storage Unit in violation of this Section shall be void. 3.5. Annexation of Other Property. Real property may be added to the common interest community as Common Elements, and subjected to 'this Declaration in accordance with Section 515B.2 -125 of the Act. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS, INTERESTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and ',a- portion of the,Common Expenses and a portion of the undivided interests in ;the Common Elements of the Association, stall be governed by the following .provisions: ; 4.1. Membership. Each Owner shall be a Member solely by reason of owning a Unit,, and. the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner' s iownership terminates. 'When more than one Person is an Owner of a Unit, all such Persons shall be Members, but multiple ownership of a Unit shall not change the voting rights allocated to such Unit nor authorize the division of the voting rights. -8- a 4.2. Voting Undivided Interests and Common Expenses. Each Unit is allocated one (1) vote. Undivided interests and Common Expense obligations (subject to Sections 6.4 and 6.7), are allocated among the Units according to a formula. based upon the area of each Unit relative to the aggregate area of all Units, as shown by the percentage interests set forth in Exhibit A attached hereto. The Common Expense obligations and undivided interests referred to in this Section 4.2 shall be reallocated among all Units based upon the above formula in the event additional Units are created. 4.3. Appurtenant Rights, Interests and Obligations. The ownership of a Unit shall 1...],. L,: ' 1,t..' ,7; '� .7 + rl l�nw.w,n.i T; —.r.ca nl�lig finnc aerri },ari n include he voting 1Lg11LJ unUULVI eu 111 L-rests ailu tivuaaaaVai L.n Vaau� vvaa auvaau dvuvu uvu I Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately, and any conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit, separate from the title to the Unit shall be void. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4. Authority to Vote. The Owner, or some natural Person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association. However, if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws. SECTION 5 ADMINISTRATION The administration and operation of the Association'and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1. General. The operation and administration of the Association and the Property shall be governed by the Governing Documents, the Rules and Regulations, the Easement Declaration and the Act. The Association shall be responsible for the operation and management of the Property. The Association shall have all powers described in the Governing Documents, the Act and the statute under which the Association is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the 'Association shall mean the Association acthig through the Board unless specifically stated to the contrary. 5.2. Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations, (ii) maintaining, repairing and replacing those portions of the Property and'l any other property for which it is responsible and (iii) preserving the value and the architectural character of the Property. 5.3. Binding_ Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, N i heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4. Bylaws, The Association shall have Bylaws. The Bylaws shall govern the operation and administration of the Association, and shall be binding on all Owners and Occupants. 4 5.5. Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officeis and directors by the Governing Documents and the Art. However, such delegation shall not relieve the officers and directors of the ultimate responsibility, for the performance of their - duties as prescribed by the Governing Documents and by law.. 5.6. Rules and Regulations. The Board shall have'exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the.Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations. shall -be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners.. 5.7. Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited agains i future Assessments or added to reserves, as determined by the Board. 5.8. Resale Disclosure Certificates. Pursuant to Section 515B.4 -107 of the Act, in the event-of a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to the purchaser a resale disclosure certificate containing the information required by Section 51.5B.4- 107(b) of the Act. Pursuant to Section 515B..4- 107(d) of the Act, the Association shall, within ten days after a request by an Owner or the Owner's. authorized representative, furnish the resale disclosure certificate. The Association may charge a reasonable fee for furnishing the resale disclosure certificate and any documents related thereto. SECTION 6 ASSESSMENTS 6.1. Cieneral. Assessments shall be determined and.assessed against the ;Units by the Board, in its discLetion; subject to the requirements and procedures set forth in this Section 6 and the requirements of the Bylaws` Assessments shall 'include annual Assessments under Section 6.2, and may include special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and special Assessments shall be allocated among the Units in accordance with the allocation formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to Units as set forth in that Section. -10- 6.2. Annual Assessments. Annual Assessments shall be established and levied annually by the Board. Each annual Assessment shall cover all of the anticipated Common Expenses of the Association for that year which are to be shared by all Units in accordance with the allocation formula set forth in Section 4.2. Annual Assessments shall be payable in equal monthly or quarterly installments, as established by the Board. Annual Assessments shall provide, among other things, for an adequate reserve fund for the replacement of the Common Elements and those parts of the Units (if any) for which the Association is responsible and which are not funded by limited Assessments pursuant to Section 6.4. 63. Special Assessments. 'In addition to annual Assessments, and subject to the limitations set forth hereafter, the Board may levy in any' Assessment year a special Assessment against all Units in accordance with the allocation formula preferred to in Section 4.2. Special Assessments shall be used for the purpose of defraying iri whole or in part the cost of any unforeseen or unbudgeted Common Expenses. 6.4. Limited Assessments. In addition to annual Assessments and special Assessments, the Board may, at its discretion, levy and allocate limited Assessments among only one or more, but not all, Units in accordance with the following requirements and procedures: 6.4.1. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed exclusively against the Unit or Units to which that Limited Common Element islallocated, equally, in proportion to their relative area or by actual cost per Unit, unless otherwise determined by resolution of the Board. 6.4.2. Any Common Expense benefiting Units disproportionately (such as calculated energy usage) or benefiting fewer than all of the Units but not falling within Section 6.4.1 may, at the Board's discretion, be assessed against the Unit or Units benefited equally, in proportion to their relative area or by actual cost per Unit determined by estimate or separate meter. 6.4.3. The costs of insurance may be assessed equally, in proportion to undivided interests or by actual cost per Unit, and the costs of common utilities may be assessed equally, in proportion to usage, undivided interests or by such other reasonable allocation as may be approved by the Board. 6,4.4. Reasonable attorneys' fees and otfier� professional costs incurred by the ;Association in connection with (i) the collection of Assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or their guests, may be assessed against the Owner's Unit. 6.4.5. Late charges, fines and interest may be. assessed as provided in Section 12. 6.4.6. Assessments levied under Section 5!,15133- 116(x) of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Common Expense liabilities. -11- 6.4.7. If any damage to the Common Elements or another Unit or any portion of the Owner's Unit that the Association is obligated to maintain hereunder is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. 6.4.8. If Common Expense liabilities are reallocated for any purpose authorized by the Act, Assessments and any installment thereofinot yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. Assessments levied under Sections 6.4.1 through 6.4.7 may, at the Board's discretion, be assessed as a part of, or in addition to, the Assessments levied under Section 6.1 or 6.2. 6.5. Working Capital Fund. There shall be established a working capital fund to meet unforeseen expenditures or to purchase additional equipment or services for the Association. The Board shall include in each subsequent 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 on a one -time basis for each Unit sold 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 monthly installments of Assessments, and shall not be credited against any Assessment. The funds shall be deposited into a segregated Association account no later than the termination of the Declarant Control Period. Declarant may not use the funds to defray any of its expenses, reserve contributions or construction costs, nor to make up any budget deficit during the Declarant Control Period. However, upon the closing of the sale of an unsold Unit, Declarant may reimburse itself from funds collected from the purchaser at the closing for any contributions made by Declarant to the working capital fund with respect to that Unit. 6.6. Liability of Owners for Assessments. If an Assessment has been levied, the obligation of an Owner to pay Assessments shall commence at the time 'at which the Owner acquires title to the Owner's Unit. The Owner at the time an Assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are.multiple Owners of the Unit. Subject to Section 6.7, the liability is absolute and unconditional. No Owner is exempt from liability for payment of Assessments by right of set -off, byi waiver of use or enjoyment of any part of the 'Property, .by absence from or abandonment of the , Unit, by the waiver of any other rights, or by reason of any claim against the Declarant, the Association or its officers, directors or agents, or for their failure to fulfill any duties under the. Governing Documents or the Act.. 6.7. Declarant's Liability for Assessments. Pursuant to Section 515B.3- 115(a) of the Act, the Declarant's liability for Assessments shall be subject to the following limitations. 6.7.1. Notwithstanding anything to the contrary in the Governing Documents, if an Assessment has been levied, Declarant may elect.to have any unsold Unit owned by Declarant assessed at the rate of twenty -five percent (25 %) of the Assessments (exclusive of replacement reserves) levied on that Unit and other similarly situated Units of the same -12- type until a certificate of occupancy or comparable City approval has been issued with respect to such Unit. 6.7.2. The provisions of Section 6.7.1 shall not affect the share of replacement reserves for Units owned by Declarant, which reserves must be funded by Declarant as required by Section 51513,3415 of the Act. However, there are no assurances that Declarant's reduced Assessment obligation will not affect the level of services for other items set forth in the Association's budget. In the event that Declarant pays a reduced Assessment in accordance with Section 6.7.1, Declarant shall be obligated, within sixty k60) days 1011Owiiig 'the termination of the LeClcuZi'lt Curitroi Period, to make lip any operating deficit incurred by the Association during the Declarant Control Period. 6.7.3. The Declarant's reduced Assessment obligation shall apply to each Unit owned by Declarant at the time that any Assessment is levied against the Unit, and shall terminate with respect to each such Unit upon the issuance of a certificate of occupancy or comparable City approval for the Unit. 6.7.4. Declarant shall be obligated, pursuant. to Section 515B.3- 115(a)(2)(ii) of the Act, to make up any operating deficit incurred by the Association during the Declarant Control Period within sixty (60) days following the termination of the Declarant-Control Period. 1 4 6.8. Assessment Lien. The Association has a lien on a Unit for any Assessment levied against that Unit from the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association pursuant to Section 515B.3- 102(a)(10), (11) and (12) of the Act are liens, and are enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes record notice and perfection of any lien under this Section 6, and no further recordation of any notice of or claim for the lien is required. The release of the lien shall not release the Owner from personal liability unless agreed to in writing by the Association. 6.9. Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed against a Unit under the laws of the state of Minnesota (i) by action, or (ii) by advertisement in a like manner as a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other- Persdn claiming an interest in the Unit, by the acceptance or assertion of any} interest in the Unit, grants to the - Association -a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition to its other remedies, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any Assessment or;charge against the Unit. 6.10. Lien Priority; Foreclosure. A lien for Assessments is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before this Declaration; (ii) any first mortgage on the Unit; and (iii) liens for real estate taxes and other governmental Assessments or charges against the Unit. Notwithstanding the foregoing, if (1) a first mortgage on a Unit is foreclosed; (2) the first mortgage was recorded on or after the date of recording of -13- this Declaration; and (3) no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes Chapters 580, 581, or 582, then the holder of the sheriff's 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)(1) to (3), (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. 6.11. Real Estate Taxes and Assessments. Real estate taxes, special assessments, and other charges and fees which may be levied against the Common Elements by governmental aµ +}.nr;+;nn c1% 11 1. 1 +0.7 1 1 i + +L v T T. ;+ w� a +1 :_ +:_. i1Val�1\.J,' Jtialt Ve a1lV Vawu aiilvitg arlu levleu agaill.JG ttl\, U ILJ UG1JeU upon u1G11 respec Ll percentage interests in the Common Elements as set forth in Exhibit A, and shall be a lien against each Unit in the same manner as a lien for real estate taxes and special assessments levied against the Unit alone. 6.12. Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit, the buyer shall not be personally liable for any unpaid Assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall remain against the Unit until released. Any seller or buyei shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid Assessments against the Unit, including all Assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents or the Easement Declaration or other recorded documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.1. General. The Property shall be owned, conv(Pyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, 'as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall_ run witk the, Property . and be a burden, and bereft to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.2. Certain Subdivisions and Conveyances Prohibited. Except as permitted by this Declaration, no Unit nor any part of the Common Elements .maybe subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.3. Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, commercial, business or other non - residential purposes, except as provided in Section 7.4. Any -14- lease of a Unit (except for leases by Declarant and except for occupancy by guests with the consent of the Owner) for a period of less than six months, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.4. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements, except: 7.4.1. An Owner or Occupant residing in a Unit may maintain a home occupation in such Unit; provided, that such use (i) is incidental to the residential use; (ii) does not involve physical alteration of the Unit visible from the exterior; (iii) is in compliance with all governmental laws, ordinances and regulations; (iv) does not involve observable business activity such as signs, advertising displays, unusual numbers of deliveries, or unusual levels of pedestrian or vehicular traffic to and from the Unit; (v) does not involve employees (other than the Owner of the applicable Unit) coming to the Unit; and (vi) does not otherwise involve activity which disturbs the quiet enjoyment of the Property by other Owners or Occupants. 7.4.2. The Association may ,maintain offices on the Property for management and related purposes. 7.4.3. Declarant may maintain offices, models, sales facilities and other business facilities on the Property in connection with the exercise of its special declarant rights. 7.4.4. The Commercial Property and portions of the Property appurtenant thereto may be used for such business and other commercial uses except to the extent prohibited by the Easement Declaration described in Section 11.9. 7.5. Leasin . Leasing of Units shall be allowed (subject to reasonable regulation by the Association), but only (except as to Units in respect tb which Declarant is the lessor) in accordance with the following conditions: (i),,no Unit may be subleased; (ii) a Unit must be leased in its entirety (not by room) unless simultaneously occupied by the Owner; (iii) the lease shall be in writing; (iv) no lease shall be for a period less; than six or more than 12 months, except for extenuating situations approved by the Board; and (v) the lease shall provide that it is subject to the Governing Documents, the Rules and Regulations and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable, Rules and Regulations (except as to Units in respect to which Declarant is the lessor) as may be necessary to implement procedures for,the leasing of Units, consistent with this Section and applicable law, including but not limited to (i) a requirement for a form addendum to be attached to each Unit lease to assure that the rights and authority of:the Association and Owners and Occupants are recognized, and (ii) a requirement for the screening of lessees through a professional screening organization (which organization shall be licensed, if required under applicable law); provided that such screening shall not violate federal, state or local discrimination laws. 7.6. Storage and Parking. Personal property may riot be stored, displayed or otherwise left outside the Units and Storage Units, except as authorized by the Board. Streets, walkways, N -15- driveways and portions of the Common Elements used for access to and from the Units may not be obstructed or used for parking, storage, activities or any purpose other than access; provided, however, the Parking Garage, and any other parking areas on the Property, shall be used only for parking of vehicles owned or leased by Owners and Occupants, and such other incidental uses as may be authorized in this Declaration or by the Association, Any vehicle which, when parked, extends into or over the drive lanes or stripped parking lanes within the Parking Garage is prohibited from parking within the Parking Garage. The Stalls shall not be converted to other uses or used for storage or other purposes which would prevent the parking of a standard size automobile in the Stall. The use of Stalls, Storage Units, driveways and other parking areas on the Property, if any, and the types of vehicles and personal property permitted thereon; shall be subject to regulation by the Association. 7.7. Animals. The Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. This authority may be exercised so as to permit or prohibit different types of animals, but those animals which are permitted (if any) shall be limited to common domestic house pets such as dogs, cats, fish, birds and the like. However, no animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. The word "animal" ishall be interpreted in its broadest sense and shall include all living creatures except humans. i Notwithstanding the foregoing, no Rule or Regulation may prohibit the keeping of a qualified service dog or similar animal by a person who is handicapped within the meaning of the Fair Housing Amendments Act of 1988 or comparable state law. 7.8. Quiet Enjoyment. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, subject to the rights of (i) other Owners and Occupants to reasonable use of their respective Units and to the normal and customary sights, sounds, odors and activities generated thereby given the high density living environment associated with the nature and the occupants of the Commercial Property and adjacent commercial properties and the structure of the Building, and ' (ii) the Commercial lOwner and the occupants of the Commercial Property to conduct their respective. businesses in a manner customary for such businesses and consistent with the Easement Declaration described in Section I1.9 and to the normal and customary sights, sounds, activities and odor's which are generated from such businesses and adjacent properties. Given the foregoing considerations, Owners and Occupants shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use and quiet enjoyment of the Property by other Owners and Occupants and their guests. 79. Prohibited Conduct. No Owner or Occupant shall (i) cause or,permit any physical changes to their Unit that could jeopardize or impair the weather -tight soundness or safety of the Building, any Building system, or other improvement located on the Property; (ii) interfere with any easement; (iii) install or permit the installation of hard surface floor coverings within their Unit without the prior written authorization of the Board, except for the replacement of floor. coverings of the same type and in the same areas as originally installed in the Unit by Declarant; or (iv) cause or permit any physical changes to their Unit or the Common Elements which could affect or damage the sound barriers or sound attenuation materials installed on or within the ceilings, floors or walls of the Unit. -16- t a 7.10. Architectural Standards. Subject to Section 7.9 and this Section 7.10, no modifications, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "improvements "), including but not limited to, any structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antenna or other type of sending or receiving apparatus, sign, flag, display, decoration, color change, shrubbery, material topographical or landscaping change, shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in.any part of the Common Elements, or in any part of the Unit which affects the Common Elements or another Unit, or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or an architectural committee appointed by it, and compliance with the requirements of this Section. Declarant's written consent shall also be required for improvements until the expiration of the Declarant Control Period described in Section 15.7. 7.10.1. The Board may appoint, supervise and disestablish an architectural committee, and specifically delegate to it part or all of the functions which the Board exercises under this Section, in which case the references to the Board shall refer to the architectural committee where appropriate. In the event the Board makes a delegation hereunder, the Board shall also determine whether there is a right to appeal decisions of the architectural committee to the Board and, if so, the procedures that shall govern such an appeal. Notwithstanding the foregoing, the architectural committee shall be subject to the supervision of the Board. 7.10.2.. The Board shall have authority to establish reasonable forms and procedures for applying for authorization for improvements, and reasonable requirements for improvements. The Board, in its sole discretion, may impose standards for design, appearance, construction, or development which are greater or more stringent than standards prescribed by the Governing Documents, or by building, zoning, or other governmental laws, codes, or regulations; provided that such standards shall be consistent with the architectural character and use of the Property as planned and developed by the Declarant. The Board shall be the sole judge of whether such criteria are satisfied, subject to any restrictions :imposed by any applicable governmental -laws, codes, ordinances or regulations, and shall have the right and authority to approve, conditionally approve or deny requests for improvements in its sole absolute discretion and its determination in this regard shall be binding upon the! Owner. 7.10.3.�.The purpose; of the requirements established by.the Board shall be (i) to preserve the architectural style, the quality and the valkie of the Property, and (ii) to protect the Association and the Owners from undue liability arising out of the improvements or any construction activity in connection therewith. 7.10.4. Improvements may be made in compliance with Section 515B.2 -113 of the Act, and relocation of the boundaries of Units may be made in compliance with Section 51513.2 -114 of the Act. 7.10.5. Approval of improvements which cause a minor encroachment upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the improvements are approved, -17- k - I notwithstanding any contrary requirement in the Governing Documents or the Act. A file of the Board or committee resolutions approving or denying all proposed improvements shall be maintained permanently as a part of the Association's records. 7.10.6. Notwithstanding the restrictions set forth in this Section 7.10, antennas may be installed only to the extent expressly permitted by the Rules and Regulations consistent with federal law. 7.10.7. An Owner who causes an improvement to be made, regardless of whether the improvement is approved by the Board, shall be responsible for compliance with the construction standards and specifications relating to the improvement, and for the construction work. The Owner shall be solely responsible to cause such improvements to be designed in accordance with good architectural and engineering practices. The Owner, and not the Association, is responsible for. compliance with all requirements imposed by governmental authorities having jurisdiction over the Property. The Owner shall hold harmless, indemnify and defend the Association, and its officers and directors, from and against any expenses, claims, damages, losses or other Iiabilities, including without limitation attorneys' fees and other professional fees and costs arising out of (i) any improvement which violates any governmental laws, codes, ordinances or regulations, or which invalidates any applicable warranty (ii) the inadequacy of the specifications for construction of the improvements, (iii) defects in the construction of the improvements, or (iv) any mechanics' or material providers' lien imposed against the Property. 7.10.8. This Section 7.10 shall not apply to improvements or changes to the Property made by Declarant in exercising its declarant rights under Section 15. 7.11. Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, far the Association or any Owner or, Occupant. k .7.12. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has thel effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited..,. 7,13. Access to Units. In case of emergency, all Units and Limited-Common Elements.. are subject to entry, without notice and at any time, by an officer or member of the Board, by the Association's management agents or by any public safety personnel. Entry is also agthorized for maintenance purposes under Sections 8 and 11 and for enforcement purposes under Section 12. 7.14. Shoreland, The Property does not include any'shoreland, as defined in Minnesota Statutes Section 103F.205. ', -18- SECTION 8 MAINTENANCE AND REPAIR l The following provisions shall govern the maintenance, repair and replacement of the Property. 8.1. Association Responsibility. The Association' shall undertake and perform the maintenance, repair and replacement of all Common Elements and Limited Common 1Elemenitst, and as otherwise required by obligations imposed by the Governing —Document's and rer'^rAI A V V Governing Vflull 1/V Nfl Vflf and _ documents in accordance with the following provisions and subject to the following qualifications: 8.1.1. Subject to Section 8.1.2, the costs associated with the Association's maintenance obligations under this Section 8.1 shall be funded by Assessments determined and levied in accordance with Section 6. 8.1.2. The Association and the Property are bound by the Easement Declaration described in Section 11.9 which establishes certain maintenance and other responsibilities on the part of the Association for the benefit of both the Property and the Commercial Property. Various costs incurred and obligations required in connection therewith are the responsibility of the Association and are binding upon the Owners of the Property. 8.1.3. The Association may, upon reasonable notice, assign to an Owner the obligation for maintenance of a Limited Common Element allocated to the Owner's Unit, or Common Elements benefiting only that Unit. However, if the Owner fails to perform the maintenance to the standards established by the Association, the Association may enter the Units or Limited Common Element, perform the maintenance and assess the Owner's Unit for the costs. 8.1.4. The Association may, upon reasonable notice, elect to maintain, repair or replace mechanical; structural or other components within the Units and assess the costs against the Unit, if the failure or impairment of thecomponent could result in damage to the Common Elements or other Units, impair the function of any Building system, or could create a health or safety hazard. 8;1.5. The Association shall be responsible for incidental damage caused to' a Unit or its Limited Common Elements by work undertaken by the Association pursuant to this Section.. 8,1.6. if damage is caused to the Common Elements, 'Limited Common Elements or, other Units by an Owner or Occupant, or their guests, or by any condition in the Unit or.Limited Common Elements which the Owner or Occupant has caused or allowed to exist, then the Association may, upon reasonable notice, repair the damage or correct the condition and assess the cost thereof against the responsible Owner's Unit. -19- z 8.1.7. The Association shall maintain, repair and replace the Common Elements in accordance with the requirements of applicable agreements and applicable City approvals, permits, and regulations. 8.2. Owner Responsibility. The Owner shall, at his or her expense, be responsible for maintenance, repair and replacement as follows: 8.2.1. To maintain, repair, and replace all portions of the Owner's Unit, except those maintained by the Association, in good, clean, sanitary and safe condition. 8.2.2. To perform maintenance of the Limited Common Elements allocated to the Unit to the extent the Association assigns such obligations to the Owner. The Association may require that the Owners perform their maintenance obligations in accordance with standards established by the Association. 8.2.3. - To perform the foregoing maintenance obligations in such manner as not to damage the Property, or unreasonably disturb � cause a hazard to other persons occupying or using the Property. 8.2.4. To promptly pay or reimburse the Association for any costs incurred by the Association for the repair of any damage to the Common Elements, Limited Common Elements or other Units, caused by the Owner or Occupant, or their guests, or caused by any condition in the Unit or Limited Common Elements which the Owner or Occupant has allowed to exist. ` 8.3. Duty to Inspect/Report Defects. The Association shall regularly inspect the Common Elements for the purpose of evaluating the need for maintenance, repair or replacement. Owners or Occupants shall promptly report to the Association any material defect in the Common Elements or Limited Common Elements which may require maintenance, repair or replacement. P 8.4. Easements for Maintenance Repair and Replacement. Each Unit and the Common Elements and .Limited Common Elements are subject -to, the access, maintenance, repair, replacement and reconstruction easements described in Section 11. SECTION 9 INSURANCE t 9.1. Required Coverage. The Association shall obtain and maintain, at aminimum, a master policy or policies of insurance in accordance with the insurance requirements set forth in the Act and the ar�ditional requirements set forth herein, issued by a reputable insurance company or comp- s authorized to do business in the state of Minnesota, asfollows: 9.1.1. Property insurance in broad form covering all risks of physical loss in an amount equal to one hundred percent of the insurable. "replacement cost" of the Property, less deductibles, exclusive of land, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery). -20- v d The Association may or may not, as determined by the Board, insure the improvements and betterments referred to in Section 515B.3- 113(b)(i) through (vii) of the Act' but must do so if required by the FNMA, FHLMC, FHA or- VA, as referred to hereafter. The policy or policies shall cover personal property owned by the Association. 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 and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the Federal Housing Administration ( "FHA "), the U.S. Department of Veterans' Affairs ( "VA" ), : the Federal National Mortgage Association (`'FNMA ") or the Federal Home Loan iv ortgage Corporation ( "FHLMC ") 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, including without limitation the FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified coverages or endorsements in effect. 9.1.2. Commercial general liability insurance covering the use, operation and maintenance of the Common Elements and the activities of the Association, with minimum limits of Two Million Dollars ($2,000,000} 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. The policy shall contain a "severability of interest endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of the FHA, VA, FNMA or FHLMC as a precondition to their insuring, purchasing or financing a mortgage on a Unit. 9.13. 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 or required by the regulations of any financing- related institution as a precondition to the purchase, insuring, guarantee, or financing ofa mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured, and shall comply with the regulations of the FNMA, FHLMC, FHA ?or VA, if required by one of such agencies as a precondition to the purchase, financing, insuring, or guarantee of a mortgage on a Unit. 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. 9.1.4. Workers' Compensation insurance as applicable and required bylaw. 9.1.5. Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time.. -21- Y 9.1.6. Such other insurance as in the best interests of the Association 9.2. Premiums: Improvements; Dedul Section, all insurance premiums shall be asses deductible amounts shall be determined by the Units are covered, any increased cost may Association may, in the case of a claim for d-, amount as a Common Expense; (ii) assess the any reasonable manner; or fiiil rerniira the nxx amount directly. The Association's decision deductible amount may, but need not, be based ( Board may determine from time to time to be the Owners. tiles. Except as provided in Section 6.4 and this d and paid as an annual Assessment. Policy c)ard. If improvements and betterments to the assessed against the Units affected. The age to a Unit or Units, (i) pay the deductible :ductible amount against the Units affected in rs of the Units affected to pay the deductible s to who shall be charged with paying the fault. ' 9.3. Loss Payee, Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 9.4. Required Policy Provisions. All policies of property insurance carried by the Association shall provide that: 9.4.1. Each Owner and secured party is an insured person under the policy with respect to liability arising out of the Owner's interest in the Common Elements or membership in the Association. 9.4.2. The insurer waives its right to subrogation under the policy against any Owner or member of the Owner's household and against the Association and members of the Board. 9.4.3. The coverage shall not be voided by or conditioned upon (i) any`act or omission of an Owner or mortgagee, unless acting: within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property o.er which the Association has no control. 9.4.4. If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Association's policy is primary. 9.5. Cancellation; Notice of Loss. Property insurance and comprehensive. liability insurance policies maintained 'by.-the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association and to all Eligible Mortgagees. 9.6. Restoration in Lieu of Cash Settlement. All policies of property insurance policies maintained by the Association shall provide that, despite any provisions giving the insurer the -22- I right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any insurance trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. 9.7. Owner's Personal Insurance. Each Owner is encouraged to obtain additional personal insurance coverage (commonly known as "gap coverage" or an "H06" "all -risk" policy) at his or her own expense covering fire and other cas'�alty to the interior of the Unit, and the Owner's personal property and personal liability. Insurance policies maintained by Owners are without contribution as against the . insurance piirlhaged by the AcSn�iatinn except as to deductible amounts or other items not covered under the Association's policies. SECTION 10 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 10.1. Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be governed by the Act, and. shall also be subject to the provisions of the Easement Declaration. . Any repair or reconstruction shall be commenced as soon as practicable after the casualty and shall be substantially in accordance with the plans, specifications and design of the Property as initially constructed and subsequently improved. Notice of substantial damage or destruction shall be given as provided in Section 14.I0. 10.2. Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, (i) that notice shall be given as provided in Section 14. 10, (ii) that the Association shall be the attorney -in -fact to represent the Owners in any related proceedings, negotiations, settlements or agreements and (iii) that any awards or proceeds shall bep payable to the Association for the benefit of the Owners and the mortgagees of their Units. Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Act and the Governing Documents, as their interests may appear, and shall be subject to the provisions of the Easement Declaration. 10.3. Termination and Liquidation. The termination of the common interest community, and the distribution of any proceeds therefrom, shall be governed by the Act, and shall be.subject to the provisions of the Easement Declaration. Any distribution of funds shall be based upon the value: of the Units as determined by their relative value for property insurance purposes; and shall be made to Owners and their mortgage holders, as their interests may appear, as provided in the Act. 10.4. Notice. The Association shall give written notice of any condemnation proceedings or substantial destruction of the Property to the Eligible Mortgagees entitled to notice under Section 14.10. 10.5. Association's Authority. In all cases involving reconstruction, condemnation, eminent domain, termination or liquidation of the common interest community, the Association shall have authority to act on behalf of the Owners in all proceedings, negotiations and Ral 1 , , settlement of claims. All proceeds shall be payable to the Association to hold and distribute for the benefit of the Owners and their mortgage holders, as their interests may appear, in accordance with the Act, and subject to the provisions of the Easement Declaration. SECTION 11 EASEMENTS Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subiect to the easements, obligations a d rights granted and reserved or described in this Section 11. 11.1. Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from public roadways and walkways on and acrd'ss those portions of the Common Elements (if any) designated for use as driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the Association, subject to any restrictions authorized by the Governing Documents or the Rules and Regulations. 11.2. Use and Enjoyment, Each Unit shall be.the beneficiary of nonexclusive easements for use and enjoyment on and across the Common Elements' and any Limited Common Element allocated to the Units, subject to any restrictions authorized or imposed by the Governing Documents. 11.3. Structural Support. Each Unit and the Conunon Elements shall be subject to and the beneficiary of nonexclusive easements for structural support in all walls, columns, joists, girders and other structural components located in or passing through another Unit or other parts of the Building, or shared with an adjoining Unit or the Common Elements. 11.4. Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments .caused by the construction, reconstruction, repair, shifting, settlen1tnt or movement of any part of the Property, and for improvements which are added in compliance with Section 7.10. If there is an encroachment: upon another Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the maintenance thereof. Improvements or alterations added pursuant to Section 7.10 shall be limited` to minor encroachments, and no . easement shall exist unless, the proposed improvements have been approved and constructed, as :required by this Declaration. Such: easements shall continue for - as long as the encroachment exists and shall not affect the marketability of title. >� 11.5. Maintenance, Repair. Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, and the Common Elements and Limited Common Element, shall be subject to and benefited by a nonexclusive easement in favor of the Association for the maintenance, repair, replacement and reconstruction of the Common Elements, Units and other improvements located within the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. Each Owner shall afford to the Association and its management agents and employees, access at -24- t 1 reas onable times and upon reasonable. notice, to and through the Unit and its Limited Common Elements for maintenance, repair and replacement; provided that access may be had without notice and at any time in case of emergency. 11.6. Utilities. The Common Elements and the Units shall be subject to and benefited by nonexclusive easements in favor of the Association, the' City and all utility companies and other service providers for the installation, use, maintenance, repair and replacement of all utilities, services and common operating systems, such as! natural gas, electricity, cable TV, telephone, internet and other electronic communications, water, sewer, septic systems, wells, and J111137Q1 sL! vll.es, 111 �;r a+V11 L101 Jl'J1V1110 aryl Vlllt,l �.V llallloll vperaaing systems, and metering an control devices; which exist, which are constructed as part of the development of the Property which are approved by the City, which are approved by the Association under authority contained in the Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other recorded instruments. Each Unit, and the rights of the Owners and Occupants thereof, shall also be subject to and benefited by a non - exclusive, easement in favor of the other Units, the Common Elements and the Association for all such utilities, services and systems installed in accordance with the foregoing provisions of this Section 11.6. Utilities and related services or systems shall be installed, used, maintained and repaired so as not to interfere with the use and quiet enjoyment of the Units by the Owners and" Occupants, nor affect the structural or architectural integrity of the Building, Units or Common Element improvements. 11.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements are subject to an easement, without notice and at any time, in favor of the Association for access by the Association's management agents, and in favor of fire, police or other public safety personnel. 11.8. Project Signs and Declarant's Easements. Declarant and the Association shall have a non - exclusive easement and right to erect and maintain temporary and permanent signs and related monuments identifying the common interest community on the Common Elements and on Units owned by the Declarant. . Signs on the Common Elements are subject to the Easement Declaration referenced in Section 11.9. 11.9. Declaration of Covenants. Conditions, Restrictions and Reciprocal_ Easements. The Property and the Commercial Property are subject to and benefited by a Declaration of Covenants, Conditions, Restrictions and Reciprocal Easements (the "Easement Declaration "). The Easement Declaration establishes and defines certain rights, easements, and obligations with respect to the shared use and operation of the. Building, the Property, and the Commercial Property. 11.10. Declarant's Easements. The Units and Common Elements are subject to exclusive easements in favor of the Declarant for the exercise of its Declarant rights as described in the Governing Documents. 11.11. Other Easements. The Property shall be subject to such other easements as may be recorded against the Property by reason of the City's requirements in connection with the development of the Property. -25- � r } 11.12. Continuation Scope and Conflict of Easements. The easements set forth in this Section 11: (i) shall run with the land and shall be appurtenant to the benefited property, (ii) shall supplement and not limit any easements described elsewhere in this Declaration, or otherwise recorded, (iii) shall be permanent, subject only to termination in accordance with the terms of the easement, and (iv) shall include reasonable access to the easement areas over and through the Property for purposes of construction, mairitenance, repair, replacement and reconstruction. 11.13. Non interference, Impairment Prohibited. All Persons exercising easement rights shall do so ;Art a reasonable mariner so as not to materially i- terfere —iti, the operation of the Property or cause damage to the Property, and shall, except as otherwise provided in the documents creating such easement or otherwise, be financially liable for all costs of repair of any part of the Property which is damaged by the Person's exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or improvements or equipment installed, therein. Notwithstanding anything in this Declaration to the contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit or the right to utility services thereto. 11.14. Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Occupants of the Unit, and their families and guests. However, an Owner who has delegated the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during such delegated occupancy, except (1) as a guest of an Owner or Occupant, or (ii) in connection with the inspection of the Unit or recovery. of possession of the Unit pursuant to law. SECTION 12 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, and such amendment's thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by, the Governing Documents or the Act. 121. Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against any Owner, or by an 'Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the" decisions of the Association. However, no Owner may withhold any Assessments payable to the Association, nor take or omit other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or fQr any other reason. 12.2. Remedies. In addition to any other remedies for sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement -26- a Y any one or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: 12.2.1. Commence legal action for damages or equitable relief in any court of competent jurisdiction. 12.2.2. Impose late charges of up to the greater of twenty -five dollars, or fifteen percent of the amount past due, for each past due Assessment or installment thereof, and impose interest at the highest rate permitted by law accruing beginning on the first day of the month after tli: Assessment nr installment was duP. 12.2.3. In the event of default of more than- thirty days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent Assessments or installments thereof, together with all attorneys' fees, and other professional fees, costs and late charges, are not paid in full prior to the effective date of the acceleration. Not less than ten days advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. 12.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations. 12.2.5. Suspend the rights of any Owner or Occupant, or their guests, to use any Common Element amenities; provided, that the suspension of use rights shall not apply to Limited Common Elements allocated to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to one year thereafter, for each violation. 12.2.6. Enter any Unit and restore any portions of the Common Elements, Unit or Units, or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant, or their guests, in violation of the Governing. Documents, and to assess the cost of such restoration against the responsible Owners and their Units. 12.2.7. Enter any Unit or Limited, Common Element in which, or as to which, a violation or breach of the Governing Documents or the Rules and Regulations exists,' which materially affects, or, is likely to materially affect, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Unit or other part of the Property or the property of the 'Owners or Occupants. The Association may summarily :abate, demolish and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common. Elements which is causing the violation; provided, that any improvements which are a part of a' Unit -may be altered, demolished or removed only pursuant to a court order or with the agreement of the Owner. 12.2.8. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided by the Act. -27- 12.3. Rights to Hearin. Before the imposition of any of the remedies authorized by Section 12.2.4, 12.2.5, 12.2.6 or 12.2.7, the Board shall, upon written request of the offender, grant to the offender an opportunity for a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and ten days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request by the Board, and with at least ten days' prior written notice to the offender. If the offender fails to timely request a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten days following the hearing, if not delivered to the offender at the hearing. 12.4. Lien for Charges, Penalties Etc. Any charges; fines, expenses, penalties, interest or other impositions under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board makes a written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the Association's right to pursue any others. 12.5. Costs and Fees. With respect to any collection measures, or any measures or action, legal, administrative or otherwise, which the Association takes pursuant to the provisions of the Act, Governing Documents or Rules and Regulations,, whether or not finally determined by a court or arbitrator, the Association may assess the Unit owned by the violator with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and other professional fees, costs and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Such expenses shall also include any collection or contingency „fees or costs charged to the Association by w collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the.Association by an Owner or Occupant. The foregoing fees an d costs shall be the personal obligation 'of the Owner of the Unit and shall be a lien againsf such Owner's Unit. 12,6, Liability for Owner's and Occupant's _Acts. An Owner shall be liable for the expense of any maintenance, repair or rgplacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit,_to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance, deductible amount and/or increase in insurance rates, resulting from the Owner's. acts or omissions may, be assessed against the Owner responsible for the condition and against his or her Unit. 12.7. Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. -28- r SECTION 13 AMENDMENTS 13.1. Approval Requirements. Subject to the provisions of the Act and except for amendments by Declarant pursuant to Section 15, this Declaration may be amended with the following approvals: 13.1.1. The Board. 13.1.2. Owners of Units to which are , allocated at least sixty -seven percent of the total votes in the Association, except as otherwise required by this Act. 13.1.3. The percentage of Eligible Mortgagees (based upon one vote. per Unit financed) as and if required by Section 14. 13.1.4. Declarant as to certain amendments as;provided in Section 15.8. c 13.2. Procedures. Approval of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees or Declarant, if required, shall be in writing. The amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 14 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, but subject to the Act or other laws, Eligible Mortgagees shall, have the following rights and protections: 14.1. Consent to Certain Amendments. Subject to Declarant's rights under Section 15, the .written consent of Eligible Mortgagees representing at least fifty -one percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be required for any amendment to the Governing Documents which changes any prvvisiort governing the following: (i) voting rights; (ii) increases in annual Assessments over twenty -five percent; (iii) Assessment liens, or priority of _Assessment liens; (iv) reductions in reserveq for maintenance; repair and replacement of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of interests in the Common Elements or Limited Common Elements, or rights to their use; (vii) redefinition of any Unit boundaries; (viii) convertibility of Units into Common. Elements or vice versa; (ix) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of material restrictions on the leasing of Units; (xii) imposition of any restrictions on an Owner's right to sell or transfer his or her Unit; (xiii) a decision by the Association (if the common interest community involves fifty or more Units) to establish self management when professional management is in effect as required previously by the Governing Documents or an Eligible Mortgagee; (xiv) restoration or repair of -29- .s 1 i the Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xv) any action to terminate the legal status of the common interest community after substantial destruction or-condemnation occurs; or (xvi) any provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of mortgages. 14.2. Consent to Certain Actions. Subject to Declarant's rights under Section 15, the written consent of Eligible Mortgagees representing at least sixty -seven percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be required to (i) abandon or terminate the common interest community; (ii) change the aliuua+.iuliS of vuutig itgiiw, CumiiOr, Expense obligations or interests in the Common Elements; (iii) partition or subdivide a Unit except as ' permitted by statute; (iv) abandon, partition, subdivide, encumber or sell any Common Elements; or (v) use hazard insurance proceeds for other than the repair, replacement or reconstruction of the Property, except as otherwise provided by law. 14.3. Consent to Subdivision. Except as authorized by this Declaration, no Unit may be partitioned or subdivided without the prior written approval :of the Owner and the mortgagee of the applicable Unit, and the Association. 14.4. No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions except to the extent such Owner has agreed to such restrictions. 14.5. 'Priority of Lien. Any Person who comes into possession of a Unit by foreclosure of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the first mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said Person, (i) except as provided in Section 6.10 and the Act and (ii) except that any unreimbursed Assessments or charges may be reallocated among all Units in accordance with their interestslin the Common Elements. 14:6. Priority of Taxes and Other Charges. All taxes, Assessments and charges which may become liens prior to the, first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 14.7. Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party; priority over any rights of the mortgagee of the Unit ` pursuant-to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. 14.8. Requirements for Management Agreements. The term of any agreement for professional management of the Property shall not exceed two years. Any such agreement shall provide for termination without penalty or termination fee by either party as follows: (i) with M -30- � m M cause, upon prior written notice, and, (ii) without cause, upon not less than sixty (60) days prior written notice. 9 14.9. .Access to Books and Records /Audit. Eligible Mortgagees, or an institutional insurer or guarantor of a mortgage loan against a Unit, shall have the right to examine the books and records of the Association upon reasonable notice, during normal business hours, and to receive free of charge, upon written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any E!i"ibie ivioii""a ee institutional guarantor or insurer of a imoi� a e ioan against a Unit ima 5 5g � g" gg g y require that, at its own expense, an audit of the Association's financial statements be made for the preceding year, in which case the Association shall cooperate in having an audit made and a copy given to the requesting party. If the common interest community consists of fifty or more Units, the Association shall provide the requested audit at its expense. If the common interest community consists of fewer than fifty Units, the requesting party shall pay for the audit. 14.10. Notice Requirements, Eligible Mortgagees and, upon written request to the Association, any institutional guarantor or insurer of a mortgage loan against a Unit shall be entitled to timely written notice of- 14. 10. 1. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; 14.10.2. a sixty day delinquency in the payment of Assessments or charges owed by the Owner of a Unit on which it holds a mortgage;l 14.10.3. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and 14.10.4. a proposed action which requires th`e consent of a specified percentage of Eligible Mortgagees. . SECTION 15 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to.exercise the following special declarant rights within the - meaning of Section 515B.1- 103(32) of the Act, and other development rights specified herein, for as long as it owns a Unit, or for such shorter period as may be specifically indicated: ` N 15.1. Complete Improvements. To complete all the Units and other 'improvements indicated on the Plat, or otherwise included in Declarant's development plans or authorized by the City or by this Declaration, and to make alterations in the Units owned by Declarant and the Common Elements to accommodate the exercise of any special declarant rights. 15:2. Rights to Relocate Boundaries Subdivide Co bine and Convert Units. Declarant shall have the exclusive right and authority to (i) relocate the'boundaries of any Unit owned by it -31- r! pursuant to Section 515B.2 -114 of the Act, or (ii) create additional Units, combine Units, create additional Common Elements and Limited Common Elements, or any combination thereof, by ' the subdivision, conversion or combining of any Unit or Units owned by it, pursuant to Section 515B.2-112 of the Act. 15.3. Maximum Number of Units. The maximum number of Units that may be created within the common interest community pursuant to Section 1;5.2 or otherwise is 23. 15.4. Sales Facilities. To construct, operate and maintain a sales office, management office, models, an other development, sales an rental facilities within the Comunion Elements, d d -- -`- and within any Units owned or leased by Dedlarant from time to time, located anywhere on the Property. 15.5. Si ns. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements. 15.6. - Easements. To have and use easements, for itself, its employees, contractors, representatives, agents, prospective purchasers and other invitees through and over the Common Elements and the Units for the purpose of exercising its Declarant rights reserved herein. 15.7. Control of Association. To control the operation and. administration of the Association, including without limitation the power to appoint and remove the members of the Board pursuant to Section 515B.3 -103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant; (ii) an Association meeting which shall be held within sixty days after conveyance to Owners other than Declarant of seventy -five percent of the total number of Units authorized to be included in the Property; or (iii) the date three years following the date of the first conveyance of a Unit to an Owner other than Declarant.' the foregoing, the Owners other than Declarant shall have the right to nominate and elect not less than thirty -three and one -third percent of the directors at a meeting of the Owners which shall be held within sixty days following the conveyance by Declarant of fifty pert ent of the total number of Units authorized to be included in the Property. .r 15.8. Consent to Certain Amendments. Until such time as Declarant no longer owns a Unit for initial sale, Declarant's written consent shall be required for any amendment to any of the Governing Documents or Rules and Regulations. SECTION 1t MISCELLANEOUS 1 11 16.1 _ Severability.-If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits attached hereto. 16.2. Construction. Where applicable, the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be -32- deemed to include any statutes amending or replacing the. Act, and the comparable sections thereof. Any amendment to the Act shall retroactively apply to the Association and the Property, • except as expressly prohibited or qualified by the Governing Documents. 16.3. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall promptly tender the defense of the action to its insurance carrier, and give Declarant (i) written notice of such tender, (ii) written notice of the specific nature of the action, and (iii) an opportunity to defend against the action. 16.4. Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board, the Association officers, or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 16.5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, this Declaration, the Bylaws and the Rules or Regulations, the Act shall control unless it permits the other documents to control. As among this Declaration, the Bylaws and the Rules and Regulations, this Declaration shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws shall control 16.6. Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and the Act. -33- IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Act. 5000 FRANCE CO NY By: Title: Pre ' ent d STATE OF 1V1 li v`NE SOi'Al j ss. COUNTY OF The foregoing instrument was acknowledged before me this 2 l day of September, 2007, by Gene Haugland, the President of 5400 Franc Company, a Minnesota corporation, on behalf of said entity. Notary Pub THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Moo & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 5f 402 (612) 632 -3000 '. CHERYL K MOUNE r Notary Pubdo Minnesota My Commission EXPho January 31, 2010 fY ' COMMON INTEREST COMMUNITY'NO. 1890 5000 FRANCE EXHIBIT A TO DECLARATION SCHEDULE OF UNITS AND PERCENTAGE INTERESTS Unit Unit Unit Unit Unit Unit Number Percentage Number Percentage Number Percentage 21 4.94% 31 4.95% 41 4.95 %° 22 4.17% 32 4.17% 42 4.17% 23 4.71% 33 4.71% 43 4.71% 24 4.63% 34 4.63% 44 4.63% 25 2.87% 35 2.87% 45 2.87% 26 4.44% 36 4.44% 46 4.44% 27 3.49% 37 3.49% 47 5.78% 28 4.97% 38 4.97% 100.00% -35- e � COMMON INTEREST COMMUNITY NO. 1890 5000 FRANCE CONDOMINIUM EXHIBIT B TO DECLARATION LEGAL DESCRIPTION OF RESIDENTIAL PROPERTY Tracts B, C, D, E, F, H, J, K, R, S, U, V, W, X, BB, CC, DD; EE, FF, GG, HH, II, KK, LL, MM, NN, 00, PP, QQ, RR, TT, W, VV, WW, XX, YY, ZZ, AAA, CCC, DDD, EEE, FFF, GGG, JJJ Registered Land Survey No. 1785, Hennepin County, Minnesota. of m -36- s a u ti► COMMON INTEREST COMMUNITY NO. 1890 5000 FRANCE CONDOMINIUM EXHIBIT C TO DECLARATION LEGAL DESCRIPTION OF COMMERCIAL PROPERTY Tracts A, G, I, L, M, N, O, P, Q, T, Y, Z, AA, JJ, SS, BBB, HHH, III I. Registered Land Survey No. 1785, Hennepin County, Minnesota. -37- i COMMON INTEREST COMMUNITY NO. 1890 5000 FRANCE CONDOMINIUM CONSENT AND JOINDER BY MORTGAGEE 4 The undersigned (the "Mortgagee ") is a mortgagee of portions of real property described in the Declaration of 5000 France Condominium (the "Declaration "). Mortgagee hereby consents to and joins in this Declaration; provided, that by consenting to and joining in this Declaration, (i) the Mortgagee dyes itvt in any manner constitute itself or ovilgate itself as a Declarant as defined in the Declaration, and (ii) such Mortgage shall remain as a lien on the property described therein, prior to any Assessment liens or other liens imposed under the Declaration, until released or satisfied. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be executed on the day of September, 2007. FIRST NATIONAL BANK OF OMAHA, a national banking ssociation By: Its: U -. &S b Wma., STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this '20 day of September, 2007, by (AtG,-Q-� g . E-i Qyz- -7 the V. c m WLO- n d,•�— of First National Bank of Omaha, a national banking association, on behalf of the First National Bank of Omaha. E A ENERAL NOTARY - State of�Nebrarska TRACY MORRISON MY Comm. 6c0. Dm 24.2007 Notary Publidr THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 632 -3000 GP;1953035 vi l -38- 122 DOC NO 4278215 aI N Q1 (121) — — 27 m (21) 66 66 66 66 69 30 M 50 50C s i -a. ltVL .`v 1 J O O N z n 33 r O 045) 33 e A 128 15 126.25 8 80 87.63 38.44 35 110 ip J3fi �1 - 30 (201) �. o ell # 1 126.26 lo w S •'j ' i i o PART OF N °-n _ o - z (182) oi, rvt 3 (49) �y�, 7 (2 00) SLOT 42 c> m B A 93 so 1 >a 126.27. (175) i 13 477) 1'� Q 9, 6. ar PT OF LT 43 - - -- (181) --- - - - - -- -- - -) �.'" I2619E ) 0741 1 18 ., 3 23 ; (50) (5 ) � WEST °-° =' a' WEST i- 6 1 88.6A 38.44 38.42.. .. C m (198) s , w (178) 11.78` 115 }� . Lo I m c �N'JJ 126.29 I N j U •�[ c o ee . 19 126.29 1 4 941 17 (124) (55) o 0 126.3 1 S1 H N w 126.3 • L - - S82° E p• 10.83, Is 5 9919 1 1 _ „' -- 190 - _ _ r -- - -- ,* t Q IS • 1 168 67 150---- T (123) 1 I SyR LQ (66) 126.31 4I • R��9p Si > J 1 E W (1 22) 60 ; 6S 6f 1 E _ U 126.31 — — — — — — — I 521 t < (121) t 126.32 ° O• APT OWIY''P!Q 2 i ° 12 N 53 c/ y�- ? (237) Q :126.32 0_ 300 -75 2SG ? Z Z o II LL- 135.38 165.37 N i S Pp 1 o Ft O Z (120) 55 / S> lSi w u- O. O 10 54 THE x1-44) LANTERNS - EDINA m - if SJ92 69.84 N89 °57'W F= v P 1- 33 . -- 126.34 ,U .. 38 5 13. 165.37 - - -- - L _ t0 �,�•• - -:ar - - - - - - - r i i .3 RrlO (73) i (70) '” l (72) 30 26.43; d11 133.34 PART -OF LOT 56 � �9 ----- --- ----- - - - - -- -- `1------- - - - --- r 30 - --- 157----- ---- -- 30 ; APT OWN NO 179 133.34 f74> (7t) (68) 10 o 60 15S (187 -234) M.34- (75) ; (77) � ; (80) c9 Q Q t , Q THE ED.INA REGENCY X334 - ---- ------------- �7I------------------- ; --------- - - - - -- CONDOMINIUM M 11 _ (77), r I PART OF LOT 58