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Home My WebLink About2677130o OFA 0-c- OWMAN (Lms 0 1c, nlo. (to (3 DIVISION /COMBINATION: NEW PROPERTY ID'S RECEIVED NOV 0 9 2H6 SEC TWP RG QQ SUFX 31- 028 -24 14 0033 31- 028 -24 14 0036 31- 028 -24 14 0039 31- 028 -24 14 0042 31- 028 -24 14 0045 31- 028 -24 14 0048 31- 028 -24 14 0051 31- 028 -24 14 0054 31- 028 -24 14 0057 31- 028 -24 14 0060 SEC TWP RG 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 QQ SUFX 14 0034 14 0037 14 0040 14 0043 14 0046 14 0049 14 0052 14 0055 14 0058 14 0061 �. f SEC TWP RG QQ SUFX 31- 028 -24 14 0035 31- 028 -24 14 0038 31- 028 -24 14 0041 31- 028 -24 14 0044 31- 028 -24 14 0047 31- 028 -24 14 0050 31- 028 -24 14 0053 31- 028 -24 14 0056 31- 028 -24 14 0059 31- 028 -24 14 0062 HENNEPIN COUNTY PROPERTY DIVISIONS SHEET NO. 1 OF If MUNICIPALITY: EDINA (24) DIVISION # 06067�- aPFORPAY SCH DIST 273 WATERSHED 1 SEWER DIST PLAT * TO �� * NREQUEST * FROMSASSR IF PROJ # TRANS LINE /EZ GREEN ACRES OPEN SPACE INDIC DATE 0 * WD * VALUE CHECK BY * QCD * SPEC CHECK DIVIDE /COMBINE: WHIGINAL FI 9 �� /a4 * APPROVED OTHER * COMPLETED PROPERTY ID 31- 028 -24 14 0020 PROPERTY ADDRESS 07300 FRANCE AVE S OWNER.HPO TAXPAYER 7300 LLC N/A HPO 7300 LLC ADDITION NAME DATE FILED ADDN# OSCAR ROBERTS FIRST ADDITION 05/05/1971 76905 C/O PRATT HOMES 3500 WILLOW LAKE BLVD #100 VADNAIS HTS MN 55110 DATE OF LAST TRAN 04/16/96 05/04/93 LOT BLOCK 003 ACREAGE 0.00 METES & BOUNDS DESCRIPTION APPROX PARCEL SIZE E 409X300X376X304 LOT 2 AND THAT PART OF LOT 3 LYING N OF S 284 FT THOF EX STREET SR EX AG PT H OWNS LAND BLDG MACH TOTAL H -BASE1 H -BASE2 N /H -BASE1 N/H TC GROSS TC / L*' o1GVGJIXJ o� /oot l� �/ /�yozOD V.�u D DIVISION /COMBINATION: NEW PROPERTY ID'S RECEIVED NOV 0 9 2H6 SEC TWP RG QQ SUFX 31- 028 -24 14 0033 31- 028 -24 14 0036 31- 028 -24 14 0039 31- 028 -24 14 0042 31- 028 -24 14 0045 31- 028 -24 14 0048 31- 028 -24 14 0051 31- 028 -24 14 0054 31- 028 -24 14 0057 31- 028 -24 14 0060 SEC TWP RG 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 31- 028 -24 QQ SUFX 14 0034 14 0037 14 0040 14 0043 14 0046 14 0049 14 0052 14 0055 14 0058 14 0061 �. f SEC TWP RG QQ SUFX 31- 028 -24 14 0035 31- 028 -24 14 0038 31- 028 -24 14 0041 31- 028 -24 14 0044 31- 028 -24 14 0047 31- 028 -24 14 0050 31- 028 -24 14 0053 31- 028 -24 14 0056 31- 028 -24 14 0059 31- 028 -24 14 0062 HENNEPIN COUNTY 31- 028 -24 14 0063 PROPERTY DIVISIONS 31- 028 -24 14 0064 SHEET NO. 2 OF DIVISION # 0606 31- 028 -24 14 0065 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ) Edina Division Form No. HCPT03 -2 (11/97) Date: 10/17/2006 08:42 Page 1 of 9 31- 02&44 -14-0033: owner: Taxpayer: Addition No: 31613 Lot: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD #100 VADNAIS HEIGHTS MN 55110 Block: Acreage: Sheet Of 1 Dlvislbn ° W. 060675_, Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 100 31- 028- 24 -14 -0034 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 101 31- 028 -24 -14 -0035 ` Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 102 31- 028 -24 =14 0036:. Owner: HPO 7300 LLC Property-Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 103 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 10/17/2006 08:42 Page 2 of 9 31 028- 24 " =14 =003 Owner: HPO 7300 LLC Taxpayer: HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD #100 VADNAIS HEIGHTS MN 55110 Sheet Of �'Dlislon Na 060675 Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 200 31- 028 - 2414 -Q03$. Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 201 31 =028 24' 14-039 `` Owner: Taxpayer: Addition No: 3 16 13 Loi Metes & Bounds Description: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD 4100 VADNAIS HEIGHTS MN 55110 Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Block: Acreage: Approx. Parcel Size: IRREGULAR UNIT NO 202 31�028 24 14' =00. Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 203 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina I Division Form No. HCPT03 -2 (11/97) Date: 10/17/2006 08:42 Page 3 of 9 Sheet 5 Of t yisjgn No: 060675 31 *028 24 14 004 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 204 31- 028 - 2444 -OQ42 Owner: Taxpayer: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD x#100 VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 205 31- 028 &- 24 =14- 0043` ' Owner: Taxpayer: Addition No: 3 16 13 Lot HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD 4100 VADNAIS HEIGHTS MN 55110 Block: Acreage 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 Metes & Bounds Description: UNIT NO 206 3`1- 02$.24 =14 -0044 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD ## 100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3 0 0 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 10/17/2006 08:42 Page 4 of 9 Sheet �p Of 1 C "DIVI5f011 -d 060675 !� 31 028.24- �140045r Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 301 31- 028- -24 -14 -0046 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 302 31- 028 -24- 14-004': Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 303 31- 028- 24-14�004g >' Owner: Taxpayer: Addition No: 3 16 13 Lot: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD ##10 VADNAIS HEIGHTS MN 55110 Block: Acreage: Metes & Bounds Description: UNIT NO 3 04 Property Address 24 ADDRESS PENDING Mortgage Loan No: 0 Mortgage Code: Approx. Parcel Size: IRREGULAR Ell PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of D SIOn ( ) Date: 10/17/2006 08:42 Page 5 of 9 Division Form No. HCPT03 -2 11/97 NiJ ' �60fj7Jr 31 -018 24- 140049 �; Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3 5 0 0 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 305 31 -028 24 =14 0050' Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 306 31- 028- 24- 14- 00 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 307 31428` 24'144 0;52 ' Owner: Taxpayer: Addition No: 3 16 13 Lot: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD #100 VADNAIS HEIGHTS MN 55110 Block: Acreage: Metes & Bounds Description: UNIT NO 308 Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 11/97 Sheet Of �' DIVIS10n`'N0., 060675 ( ) Date: 10/17/2006 08:42 Page 6 of 9 31 -08 2414�i)053 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 309 31- 028414 Q54; Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 310 31- 02$- 24- 1�4 -OQ55 Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 311 31- 028 -24 -14 -0056" Owner: HPO 7300 LLC a Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 312 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Sheet � Of Div�Q Igo 060675 Form No. HCPT03 -2 (11/97) Date: 10/17/2006 08:42 Page 7 of 9 31-028-24-14-40,57 j "' Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD 4100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 3 16 13 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 400 31- 01844414 =0058. owner: Taxpayer: Addition No: 31613 Lot: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD ##100 VADNAIS HEIGHTS MN 55110 Block: Acreage: Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 401 31,-028-24-1,4,"-0059" Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 402 31- 028 - 2444- 0060: 77 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina E16 Division Form No. HCPT03 -2 (11is7) Date: 10/17/2006 08:42 Page 8 of 9 Sheet Of dtVlsl�? 060675 31 X02$,4 =14- 9061;'x= Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 404 31 -028 24 =14 =0062` Owner: Taxpayer: Addition No: 31613 Lot: HPO 7300 LLC HPO 7300 LLC C/O PRATT HOMES 3500 WILLOW LAKE BLVD #100 VADNAIS HEIGHTS MN 55110 Block: Acreage: Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 405 31 08 =14 Od63 ' Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 406 31 -08, 2414 OU64 " Owner: HPO 7300 LLC - z - - Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 407 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 Sheet I Of j iIIVISfOt1.N0, 060675 -2 (11/97) Date: 10/17/2006 08:42 Page 9 of 9 l 31 X28 24`�'i4 0�06v Owner: HPO 7300 LLC Property Address 24 ADDRESS PENDING Taxpayer: HPO 7300 LLC C/O PRATT HOMES Mortgage Loan No: 3500 WILLOW LAKE BLVD #100 Mortgage Code: VADNAIS HEIGHTS MN 55110 Addition No: 31613 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 408 Doc No 4310573 09/27/2006 02:00 PM Certfied filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 258641 Deputy 37 New cert 1190351 iE �ILBD X181 O►CZC ?LkI RIB 1BCLAR*T�i r O! T p Cert Fees 1162474 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $1.50 AF $10.50 STATEFEE $44.00 TPLATFEE $40.00 EXCHFEE $142.00 Total 8o� 96-0�?IND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED SEP 2 7 2006 COMMON INTEREST COMMUNITY HUMBER 1613 TYPE OF COMMON INTEREST COMMUNITY: CONDOMINIUM NAME OF COMMON INTEREST COMMUNITY: 7300 OFFICE CONDOMINIUMS DECLA.R.ATION TABLE OF CONTENTS PACE ARTICLE1. DEFINITIONS ................................................................................................. ...........•..................2 1.1 ACCESS UNITS ........................................................................................................... ............................... 2 1.2 ACT ........................................................................................................................... ............................... 2 1.3 ASSOCIATION ...................................................................................................... ............................... 2.6 1.4 BOARD OF DIRECTORS .............................................................................................. ............................... 2 1.5 ....................... BUILDING ............................................................................................ ..............................2 2.8 1.6 BYLAWS ..................................................................................................................... ..............................3 COMMON 191'ERESTCOMMUNIIY PLAT .................................................................... ............................... 8 1.7 COMMERCIAL UNI T ................................................................................................... ............................... 3 1.8 COMMON ELEMENT ................................................................................................... ............................... 3 1.9 COMMON EXPENSE S .................................................................................................. ............................... 3 1.10 COMMON INTEREST COMMUNITY PI.AT .................................................................... ............................... 3 1.11 COMMON INTEREST COMMUNITY ............................................................................. ............................... 3 1.12 DFCL ARAN' T' ............................................................................................................... ..............................4 1.13 DECLARANTCONTROLPERIOD .................................................................................. ..............................4 1.14 DRI VE- TfIROUGII ....................................................................................................... ..............................4 1.15 ELIGIBLE MORTGAGEE .............................................................................................. ............................... 4 1.16 LIMITED COMMON ELEMENT.. .................................................................... ........ ................... ---- ...... - 4 1.17 MEMBER ................................................................................................................... ............................... 5 1.18 OWNER ....................................................................................................................... ..............................5 1.19 OCCUPANT ................................................................................................................. ..............................5 1.20 PARKING STALLS ...................................................................................................... ............................... 5 1.21 PURCHASFR ................................................................................................................ ..........:...................5 1.22 RECORDING OFFICER ................................................................................................ ............................... 5 1.23 RULES AND REGULATIONS ........................................................................................ ..............................1 5 1.24 SECURITY FOR AN OBLIGATION ................................................................................. ............................... 5 1.25 SUBJECT PROPERTY ....................""".................."'................................................... ............................... 5 1.26 UNIT ........................................................................................................................... ..............................6 ARTICLE 2. SUBMISSION OF SUBJECT PROPERTY TO ACT; ACT REQUIREMENTS ...................6 2.1 SUBMISSION .............................................................................................................. ............................... 6 2.2 NAmE.; COMMON INTEREST COMMUNITY NUMBER; TYPE OF COMMON INIL•'RlST COMMUNITY ............. 6 2.3 DIVISION OF TILE SUBJECT PROPERTY INTO SEPARATE ESTATES IN FEE SIMPLE ABSOLUTE .................... 6 2.4 CREATION OF ADDITIONAL UNITS BY SUBDIVISION OR CONVERSION ....................... ............................... 6 2.5 ASSOCIATION ............................................................................................................ ............................... 6 2.6 MASTER ASSOCIATION .............................................................................................. ............................... 6 2.7 LEGAL DESCRIP'T'ION OF REAL ESTATE INCLUDED IN THE COMMUNITY INTERLS'I COMMUNITY; UNIT IDENTIFIERS; AND APPURTENANT EASEMENTS ......................................................... ............................... 7 2.8 DESCRIPTION OF BOUNDARIES OF UNITS .................................................................. ............................... 7 2.9 COMMON 191'ERESTCOMMUNIIY PLAT .................................................................... ............................... 8 110 ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES, AND COMMON EXPENSE LIABILITIES 1*0 UNITS...................................................................................................................... ............................... 8 2.11 RESTRICTIONS ON USE, OCCUPANCY AND AT.IF:NATION OF UNITS ............................ ............................... 8 2.12 ALLOCATION OF LIMITED COMMO': Eump.''NTS NOT DESCRIBED IN SECTIO\ 51513.2- 102(D) AND (F) OFTHE ACT ............................................................................................................... ............................... 8 2.13 STATEMENT PURSUANT TO SFCI'lON 515B.1 -106 OF THE ACT ............... . ...... .............. I...... I..................... 9 2.14 S110RELAND .............................................................................................................. ............................... 9 2.15 SPECIAL DFCLARANT RIGHTS .......................................... ............................. ............ ............................... 9 ARTICLE 3. EASEMENTS AND LICENSES ................................................................. ...................I........... to 3.1 EASEMENTS FOR ENCROACHMF.NTS ........................................................................ ............................... 10 3.2 EASEMENTS FOR CERTAIN UTILITIES AND OTHER PURPOSES .................................. ............................... 10 3.3 EASEMENTS THROUGH WALLS WITHIN UNITS AND UPKEEP OF COMMON INTEREST COMMUNTIY ....... 10 3.4 EASEMENTS FOR MAINTENANCE ............................................................................. ............................... 11 3.5 ACCESS EASEMENTS ............................................................................................... ............................... 11 3.6 STRUCTURAL. SUPPORT EASEMENTS ....................................................................... ............................... 11 3.7 EASEMENTS TO RUN WITH LAND ............................................................................ ............................... 11 3.8 SIGN LICF NSF. S ........................................................................................................ ............................... I 1 ARTICLE 4. RESTRICTIONS, CONDITIONS AND COVENANTS ............................. .............................13 4.1 MEMBERSHIP IN ASSO CIATION ................................................................................ ............................... 13 4.2 COMPLIANCY WTTH DECLARATION, BYLAWS AND RULES AND REGUl.AT10NS OF ASSOCIATION ........... 13 4.3 ADMINISTRATION OF COMMON INTEREST COMMUNITY ......................................................................... 13 4.4 PURPOSES FOR WHICH UNITS ARE RESTRICTED AS TO USE ............ . .... . .... . .................... I .... .. ... .... ........... 13 4.5 PURPOSE FOR WIILCEl DRIVE - THROUGH 1S RESTRICTED AS TO USE ........................ ............................... 13 4.6 RESTRICTION ON RENTING OR LEASING OF UNITS .................................................. ............................... 14 4.7 USE AND TRANSFER OF PARKING STALLS ............................................................... ............................... 14 4.8 IMPAIRMENT OF STRUCTURAL INTEGRITY OF UNIT OR BUILDIN( . ........................... ............................... 15 4.9 IMPROVI:Ml :?il'S ...................................................................................................... ............................... 16 4.10 ARCITI7TC7URAL COMMITTEE ................................................................................. ............................... 16 4.11 IMPROVEMENT PROCEDURES .................................................................................. ............................... 16 4.12 PURPOSE OF ARCHITECTURAL REQUIREMENTS ....................................................... ............................... 16 4.13 APPURTENANT EASEMENTS .................................................................................... ............................... 16 4.14 ANTENNAS .............................................................................................................. 16 4.15 ............................... CONSTRUCTION STANDARDS .................................................................................. ............................... 16 4.16 INDEMNIFICATION FOR UNIT OR COMMON ELEMFNT AI.TF. RATIONS ....................... ............................... 17 4.17 RULES AN!) RI:GULAT IONS ...................................................................................... ............................... 17 4.18 RESTRICTIONS, CONDITIONS AND COVENANTS TO RUN W TTE1 LAND ..................................... I............... 17 4.19 NON - WAIVER OF COVENANTS ................................................................................ ............................... 17 4.20 TERMINATION ......................................................................................................... ............................... 18 ARTICLE 5. MANAGEMENT, MAINTENANCE, REPAIRS, ALTERATIONS AND IMPROVEMENTS.................................................................................................................. .............................18 5.1 COMMON ELEMENTS AND LIMITF.DCOMMON ELEMENTS ....................................... ............................... 18 5.2 UNITS ......................................................................:................................................. .............................18 53 DAMAGE ................................................................................................................. ............................... 18 5.4 WAIVER OF CLAIMS ................................................................................................ ............................... 18 5.5 MECHANICS' LIENS ................................................................................................. ............................... 19 5.6 OWNER OBLIGATED TO PAY ................................................................................... ............................... 19 ARTICLE 6. ASSESSMENTS AND LIENS FOR ASSESSMENTS ................................ .............................19 6.1 OBLIGATION FOR ASSESSMENTS ............................................................................. ............................... 19 6.2 ASSESSMENIS AGAINST FEWER THAN Am. COMMERCIAL UNITS ........................... ............................... 20 6.3 ANNUAL ASSESSMENT .............................................................................................. .............................20 6.4 SPECIAL ASSESSMENTS ........................................................................................... ............................... 20 6.5 6.6 ASSESSMENT RATE ................................................................................................. ............................... LIEN FOR UNPAID ASSESSMENTS, INTEREST AND LATE FEES .................................. ............................... 20 20 6.7 PRIORITY OF LIEN; PURCHASER AT FORECLOSURL' SALE NOT LIABLE FOR CERTAIN UNPAID ASSESSMENTS; ASSOCIATION RESPONSIBLE FOR CERTAIN UNPAID ASSESSMENTS ............................... 20 6.8 PREPARATION OF PROPOSED BUDGET AND LEVYING OF ASSESSMENT ................... ............................... 21 6.9 PAYMENT OF ASSESSMENTS ...................................................................................... .............................21 6.10 FAILURE TO PRYPARE ANNUAL BUDGET AND LEVY ANNUAL ASSESSMENTS ......... ............................... 22 6.11 LATE' FuS AND INTEREST ON UNPAID ASSFSSMEN'TS; ACCELERATION .................. ............................... 22 6.12 ASSESSMENT ROLL AVAILABLE FOR INSPECTION ................................................... ............................... 22 6.13 NO EXCEPTION OR WAIVER OF PAYMENT OF ASSESSME: EVTS ................................... ............................... 22 6.14 FORECLOSURE: OF LIEN .......................................................................................... ............................... 22 6.15 NO FURTHER PERFECTION OR NOTICE REQUIRED ................................................... ............................... 23 im 6.16 ADEQUATE RESERVE- FUND ..................................................................................... ............................... 23 6.17 WORKING CAPITA(. FUND ....................................................................................... ............................... 23 6.18 ALTERNATIVE ASSESSMENT PROGRAM ................................................................... ............................... 23 ARTICLE 7. INSURANCE AND EMINENT DOMAIN ................................................... .............................23 7.1 FJ QUIRFD COVERAGE ............................................................................................. ............................... 23 7.2 PREMIUMS, IMPROVEMENTS; DEDUCTIBLES ........................................................... ............................... 25 7.3 LOSS PAYEE; INSURANCE TRUSTEE ......................................................................... ............................... 25 7.4 REQUIRED POLICY PROVISIONS ............................................................................... ............................... 25 7.5 CANCI:LLATiom NOTICE OF LOSS ........................................................................... ............................... 25 7.6 RESTORATION IN LIEU OF CASH SF. TTLE• MEKr ........................................................ ............................... 25 7.7 OWNER'S PERSONAL INSURANCE ............................................................................ ............................... 26 7.8 REQUIRED INSURANCE NOT AVAILABLE ................................................................. ............................... 26 7.9 EMINENT DOMAIN ................................................................................................... ............................... 26 ARTICLE S. AMENDMENTS TO DECLARATION ....................................................... .............................26 8.1 PERCENTAGE OF OWNERS ....................................................................................... ............................... 26 8.2 RECORDATI ON ........................................................................................................... .............................27 8.3 LIMITATIONS ............................................................................................................. .............................27 8.4 REALLOCATION OF LIMITED COMMON ELEMENTS .................................................. ............................... 27 8.5 SECRETARY OR PRESIDENTS AFFIDAVIT .... ............................................................ ............................... 27 ARTICLE 9. GENERAL PROVISIONS .......................................................................... ............................... 27 9.1 INTERPRETATION OF DECLARATION- ..................................... ................... ........................................... 27 9.2 EXAMINATION OF RECORDS .................................................................................... 28 9.3 ............................... NOTICES 9.4 .................................................................................................................... .............................28 SUCCESSORS AND ASSIGNS ..................................................................................... ............................... 28 9.5 SEVERABLE PROVISIONS... ......................... ............................. .............. -- ..................... ................. 28 9.6 TrIlES, HEADINGS OR CAPTIONS AND REFERENCE TO GEN DF. R .............................. ............................... 28 9.7 MINNESOTA LAW TO GOVERN ................................................................................ 29 9.8 ............................... ASSOCIATIONS RIGHT OF ENTRY ........................................................................... ............................... 29 9.9 RIGHT OF ACTION ................................................................................................... ............................... 29 ARTICLE 10. PROVISIONS FOR ELIGIBLE MORTGAGEES ...................................... .............................29 10.1 NO RIGHT OF FIRST REFL' SAI .................................................................................. 29 10.2 ............................... APPROVAL OF ELIGIBLE MORTGAGEES 10.3 ................................................................... ............................... NOTICE'rO ELIGIBLE MORTGAGFES 29 10.4 ........................................................................ ............................... LIENS PRIOR TO FIRST MORTGAGF 31 10.5 ......................................................................... ............................... RIGIITS TO CONDEMNATION PROCEEDS 31 10.6 .................................................................. ............................... AMFNI) MENTS 31 ........................................................................................................... .............................31 re +r (Above Space Reserved for Recording Data) COMMON INTEREST COMMUNITY NO. 1613 CONDOMINIUM 7300 OFFICE CONDOMINIUMS DECLARATION THIS DECLARATION FOR 7300 OFFICE CONDOMINIUMS, COMMON INTEREST COMMUNITY NO. 1613, Hennepin County, Minnesota, is made as of this 20th day of September, 2006 by HPO 7300, LLC, a Minnesota limited liability company (the "Declarant "), pursuant to Minnesota Statutes, Chapter 51513, known as the "Minnesota Common Interest Ownership Act," and laws amendatory thereof and supplemental thereto (the "Act "). RECITALS A. Declarant is the owner in fee simple of the real property situated in the City of Edina, in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Subject Property "). B. Declarant has deemed it desirable for the preservation of the value of the Subject Property to submit the same, together with the buildings, structures, improvements and other permanent fixtures thereon to the provisions of the Act, and to incorporate under the laws of the State of Minnesota "7300 Office Condominiums Owners' Association" for the purpose of administering the Subject Property. C. Declarant is about to sell, dispose of and convey Common Interest Community interests or estates in and to the Subject Property, together with the buildings, structures, improvements and other permanent fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in any way appertaining thereto, and to accomplish this purpose desires to submit the Subject Property to the requirements of the Act. D. Declarant desires and intends that the Owners, Mortgagees, Occupants (as defined in Article 1), and other persons hereafter acquiring any interest in the Subject Property shall at all times enjoy the rights, easements, privileges, and restrictions set forth in this Declaration, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect of the Common Interest Community form of ownership of the Subject Property and are established for the purposes of enhancing and perfecting the value, desirability and attractiveness of the same. E. The Subject Property is not subject to an ordinance referred to in Section 515B.1 -106 of the Act governing conversions to common interest ownership, and is not subject to a "master association" as that term is defined in the Act. NOW, THEREFORE, Declarant, as the sole owner of the Subject Property subjects the Subject Property to this Declaration under the name "7300 Office Condominiums" consisting of the Units referred to in Article 2, declaring that this Declaration shall constitute covenants to run with the Subject Property, and that the Subject Property shall be owned, occupied and conveyed subject to the covenants, restrictions, easements, 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 and assigns. ARTICLE 1. Definitions The terms and phrases used in this Declaration shall have the meanings ascribed to them in Section 515B.1 -103 of the Act except as those meanings are modified or supplemented below. 1.1 Access Units. "Access Units" means the two (2) de minimis Units designed to provide access between Commercial Units, designated hereby for separate ownership, and located in the Building. 1.2 Act. "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B, as amended from time to time. 1.3 Association. "Association" or "Owners' Association" means the Unit Owners Association organized under 515B.3 -101 of the Act in general and in particular "7300 Office Condominiums Owners' Association ", a nonprofit corporation organized under Chapter 317A of Minnesota Statutes, as amended, of which each Owner shall.by virtue of such ownership interest be a Member, and which has been established to provide for the maintenance, preservation, and architectural control, together with the regulation of activities in the Units and Common Elements in the Common Interest Community, for the collective benefit of the Members. 1.4 Board of Directors. "Board of Directors" or "Board" means the Board of Directors of the Association. 1.5 Building. "Building" means the building containing the Units K • I ♦ . 1.6 Bylaw . "Bylaws" means the Bylaws of the Association, as amended from time to time, 1.7 Commercial Unit. The thirty-one (31) Units designed for the operation of commercial businesses, designated hereby for separate ownership, and located in the Building. 1.8 Common Element. "Common Element" means all parts of the Subject Property other than the Units, including, but not limited to, the following: the wood sub - flooring, concrete slab, or bituminous material under each Unit; the ceiling joists, the masonry perimeter walls and the studs and plates of non - masonry perimeter walls; roof, stairways, landings, halls, corridors, walkways and light wells; foundations and main walls; exterior planes of doors and windows of the Building and Units; entrance stoops, if any, at the entrances to Units; those portions of bearing walls and columns, pipes, vents, flues, chutes, chimneys, wires, chases, conduits and other utility installations which may lie partially within and partially without the designated boundaries of a Unit, but which serve more than one Unit or any portion of the Common Elements; parking areas, and any other area, facility, fixture or element which is designed or intended for common use. 1.9 Common Expenses. "Common Expenses" means all expenditures made or liabilities incurred by or on behalf of the Association in maintaining and operating the Common Interest Community, together with any allocations for reserves including, but not limited to, the following: premiums for any and all insurance maintained by the Association; common utilities that are not separately metered; legal and accounting fees; the unpaid portion of any assessment against a Unit that is acquired pursuant to a mortgage foreclosure proceeding or a deed in lieu of foreclosure and not required to be paid by such acquirer; deficits remaining from any prior assessment period; the cost of all fidelity bonds required by the Board; all costs for the maintenance, operation, alteration, improvement and replacement of the Common Elements; real estate taxes and special assessments, and other charges and fees which would normally be levied against the Common Elements by governmental authorities; all employment costs including salaries, wages and fringe benefits; all management fees, including expenses reimbursable to any manager; fees for professional services; charges under maintenance and service contracts; all supplies purchased for use in the Common Interest Community; any equipment rental and any other expenses for the administration, operation and management of the Association and the Common Interest Community determined and assessed by the Board. 1.10 Common Interest Community Plat. "Common Interest Community Plat" means that certain Common Interest Community Plat of the Common Interest Community meeting the requirements of Section 515B.2 -110 of the Act, as amended, prepared by Westwood Professional Services and to be recorded with and incorporated as a part of this Declaration. 1. 11 Common Interest Community. "Common Interest Community" means a "Condominium," as defined under the Act, portions of which are designated for separate 3 ownership and the remainder of which is designated for common ownership solely by the Owners of those portions. Specifically, as the term is used herein, it means and refers to 7300 Office Condominiums, Common Interest Community No. 1613, Hennepin County, Minnesota, the Common Interest Community established by this Declaration. 1.12 Declarant. "Declarant" means HPO 7300, LLC, a Minnesota limited liability company, its successors or assigns. 1.13 Declarant Control Period. "Declarant Control Period" means the period during which Declarant has the power to appoint, to remove and replace members of the Board, commencing on the date of creation of the Common Interest Community and continuing until the earlier of (i) the date three (3) years after the date of the first conveyance of a Unit to an Owner other than the Declarant; (ii) the Declarant's voluntary surrender of control by giving written notice to the Owners pursuant to Section 515B.1 -115 of the Act; or (iii) the conveyance of seventy -five percent (75 %) of the Units to Owners other than Declarant. 1.14 Drive- Throutzh. "Drive- Through" means the drive - through area allocated as a Limited Common Element to Unit 100, designed for uses ancillary to the business of operating a commercial business. 1.15 Eligible Mortgagee. "Eligible Mortgagee" means the owner of any recorded mortgage of a Unit and the successors or assigns of such Eligible Mortgagee or any persons' named as vendor or seller under any recorded contract for deed of a Unit and the successors or assigns of such vendor which holder, assignee, vendor, successor, or seller, as the case may be, has requested in writing that the Association notify it regarding any proposed action which requires approval by a specified number of Eligible Mortgagees. 1.16 Limited Common Element. "Limited Common Element" means a portion of the Common Elements allocated by the Declaration or by operation of Section 5158.2- 102(d) or (f) of the Act for the exclusive use of one or more but fewer than all of the Units. Section 2.12 allocates those Limited Common Elements not specifically described in Section 5158.2- 102(d) and (f) of the Act to specific Units or group(s) thereof. Section 515B.2- 102(d) of the Act provides as follows: "If any chute, flue, duct, wire, pipe, conduit, bearing wall, bearing column, or any other fixture serving fewer than all units lies partially within and partially outside of the boundaries of the unit or units served, any portion thereof serving only that unit or units is a limited common element allocated solely to that unit or units, and any portion thereof serving any portion of the common elements is a part of the common elements." Section 515B.2- 102(0 of the Act provides as follows: "Improvements such as shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, decks, patios, perimeter doors and windows, and their 4 frames, constructed as part of the original construction to serve a single unit, and authorized replacements and modifications thereof, if located wholly or partially outside the unit's boundaries, are Iimited common elements allocated exclusively to that unit." The tern "bearing wall ", referred to above in Section 515B.2- 102(d) of the Act shall include the internal demising walls located on the boundary line between Units and between Units and Common Elements, regardless of when constricted. 1.17 Member. "Member" means each Owner of any Unit. Where a Unit is being sold by the Owner to a contract vendee who is entitled to possession, the contract vendee shall be considered the Member if (i) the rights of the contract vendor hereunder are delegated to the vendee under such contract for deed; and (ii) the vendee shall furnish proof of such delegation to the Association. Membership shall be appurtenant to and may not be separated from ownership of the Unit. 1.18 Owner. Declarant, for so long as it owns a Unit, and each person to whom ownership of a Unit has been conveyed or transferred, but does not include a holder of an interest as Security for an Obligation. 1.19 Occupant. "Occupant" means any person or persons, other than an Owner, in possession of a Unit. 1.20 Parking Stalls. "Parking Stalls" means the stalls designed for vehicle parking located in the Common Element parking lot surrounding the Building. 1.21 Purchaser. "Purchaser" means the holder of a Unit interest (i.e., fee owner or a contract for deed vendee), or the proposed purchaser of such an interest who holds a valid and binding purchase agreement for a Unit. 1.22 Recording Officer. "Recording Officer" means the Registrar of Titles for Hennepin County, Minnesota. 1.23 Rules and Regulations. "Rules and Regulations" means the Rules and Regulations of the Association adopted by the Board of the Association and as amended from time to time. 1.24 Security for an Obligation. "Security for an Obligation" means the vendor's interest in a contract for deed, Mortgagee's interest in a mortgage, Purchaser's interest under a sheriff's certificate of sale during the period of redemption, or the holder's interest in a lien. 1.25 Subject Property. "Subject Property" means that certain real property situated in the City of Edina, Hennepin County, Minnesota, legally described on Exhibit A of this Declaration, together with the buildings, structures, and other permanent fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in any other way appertaining thereto. 5 1.26 Unit. "Unit" means a portion of the Common Interest Community, designated hereby for separate ownership, the boundaries of which are delineated on the Common Interest Community Plat and described in Section 2.8. Commercial Units and Access Units are all "Units ". ARTICLE 2. Submission of Subject Property to Act; Act Requirements 2.1 Submission. Declarant hereby submits the Subject Property to the provisions of the Act, and the Subject Property shall be conveyed, encumbered, held, leased, occupied, rented and used subject to all conditions, covenants, limitations, obligations, restrictions and uses expressed in this Declaration or in the Act. All such conditions, covenants, limitations, obligations, restrictions and uses are declared and agreed to be in furtherance of a plan for and be a burden and benefit to Declarant, its grantees, successors and assigns and any persons acquiring or owning an interest in the Subject Property, their grantees, successors and assigns. 2.2 Name, Common Interest Community Number, Type of Common Interest Community. The Subject Property shall be a Condominium (as defined in the Act) and shall hereafter be known as "7300 Office Condominiums ". The Common Interest Community Number for the Subject Property is 1613. 2.3 Division of the Subject ProNM Into Separate Estates in Fee Simple Absolute. Declarant, in accordance with the requirements and provisions of the Act and in order to establish a plan of Common Interest Community Unit ownership for the Common Interest Community, does hereby divide the Subject Property into thirty -one (31) Commercial Units and two (2) Access Units (subject to rights granted in this Declaration to subdivide, convert and combine Units), each separately designated and legally described estates in fee simple, absolute, each Unit consisting of a Unit and that Unit's undivided interest in the Common Elements. Access Units cannot be created or designed for separate use and occupancy of a business except as provided in Section 4.4. All of the Units are designed for non - residential purposes, and descriptions as to the boundaries of the Units and restrictions as to their use are hereinafter set forth. 2.4 Creation of Additional Units by Subdivision or Conversion. One or more Units may be subdivided into two or more Units or combined into a lesser number of Units; and a Unit or Units owned exclusively by the Declarant may be subdivided, combined, or converted into one or more Units, Limited Common Elements, Common Elements, or a combination of Units, Limited Common Elements, or Common Elements pursuant to Section 51513-2 -112 of the Act. The maximum number of Units that may be created by the subdivision or conversion of Units owned by the Declarant pursuant to Section 51513.2 -112 of the Act is forty (40) additional Units (for a total maximum of seventy -three (73) Units). 2.5 Association. The Association has been incorporated as a nonprofit corporation organized under Chapter 317A of Minnesota Statutes, as amended. 2.6 Master Association. The Common Interest Community is not subject to any R master association. 2.7 Legal Description of Real Estate Included in the Community Interest Community: Unit Identifiers• and Appurtenant Easements. The legal description of the Subject Property is as set forth in Exhibit A of this Declaration. The Units will be conveyed by use of the following legal description, or any other valid description allowed by law: UNIT NUMBER , 7300 OFFICE CONDOMINIUMS, COMMON INTEREST COMMUNITY NO. 1613, HENNEPIN COUNTY, MINNESOTA The Unit identifier for each Commercial Unit is as follows: 100 I01 102 103 200 201 202 203 204 205 206 300 301 302 303 304 305 306 307 308 309 310 311 400 401 402 403 404 405 406 407 The Unit identifiers for the Access Units are 408 and 312. There are no appurtenant easements affecting the Subject. Property necessary for access to a public street or highway, nor any other appurtenant easements affecting the Subject Property. 2.8 Description of Boundaries of Units. The boundaries of each Unit are the interior unfinished surfaces of its exterior perimeter walls, lowest level floors and upper level surface of the dropped ceiling of the Unit, and where there is no exterior perimeter wall, a vertical plane extended upward from the center of the demising lines drawn on the CIC Plat. The boundaries of the Units include all paneling, tiles, wallpaper, paint, floor coverings, and any other finishing materials applied to the interior surfaces of the exterior perimeter walls and demising walls (whether now or hereafter constructed), floors or ceilings. All spaces, interior partitions, and other fixtures and improvements within the boundaries of the Unit, are part of the Unit. All other portions of the walls, floors, or ceilings, including perimeter doors and windows, and their frames, are part of the Common Elements including, without limitation, the interior demising walls located along the demising lines drawn on the CIC Plat, whether now existing or hereafter constructed. Any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture which lies partially within and partially outside of the designated boundaries of a Unit, is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the 7 Common Elements is a part of the Common Elements. All improvements such as awnings, perimeter doors and windows, constructed to serve a single Unit, and authorized replacements and modifications thereof, if located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. 2.9 Common Interest Community Plat. The Common Interest Community Plat, meeting the requirements of Section 51513.2 -110 of the Act, as amended, is incorporated herein by reference and made a part hereof. 2.10 Allocation of Common Element Interests Votes and Common Expense Liabilities to Units. Each Commercial Unit shall be allocated the voting rights and the percentage undivided interest in the Common Elements as set out on Exhibit B attached hereto and the percentage of Common Expense liabilities as set out on Exhibit B -1 attached hereto. Such allocations of voting rights and undivided interests in the Common Elements are based on each Unit's share of Declarant's estimate of the approximate finished floor area of each Unit in proportion to the total floor area of all Units on the level in the Building in which such Unit is located. Allocations of Common Expenses are based on each Commercial Unit's share of Declarant's estimate of the approximate finished floor area of each Commercial Unit in proportion to the total floor area of all Commercial Units on;,the level in the Building in which such Commercial Unit is located. At all times, each of the . four levels of the Building shall be responsible for 25% of the Common Expenses of the Association and, in the event the Unit boundaries are adjusted, or Units are subdivided, combined or converted, corresponding adjustments to allocations shall only affect the Units- located on the level of the Building where the subdivision, combination, or conversion has occurred and allocations shall be revised based on the formula described in this paragraph so that the Units on each level are collectively allocated 25% of the total voting rights and tie undivided interest in the Common Elements and the Commercial Units on each level are collectively allocated 25% of the total Common Expense liabilities. Notwithstanding any provision to the contrary, the Association, pursuant to Section 51513.2- 108(d) of the Act, may assess any Common Expense benefiting fewer than all of the Commercial Unit(s) against the Commercial Unit(s) benefited by the item of improvement, maintenance, repair or alteration giving rise to such expense. Any real estate taxes assessed against an Access Unit owned by the Association shall be allocated to the Commercial Units benefited by the Access Unit based on the finished floor area of each benefited Commercial Unit in proportion to the total floor area of each benefited Commercial Unit. 2.11 Restrictions on Use. Occupancy and Alienation of Units. Any restrictions on the use, occupancy and alienation of Units in the Common Interest Community are as set forth in Article 4, and in the Rules and Regulations promulgated by the Association. No time shares are permitted at any time. 2.12 Allocation of Limited Common Elements Not Described in Section 5158.2- 102(d) and f) of the Act. In addition to the Limited Common Elements allocated to each Unit by operation of Sections 515B.2- 102(d) and (f) of the Act, any heating, ventilating or air conditioning equipment serving only a certain Unit or Units, and located wholly or RI partially outside the Unit or Unit's boundaries, are Limited Common Elements allocated to the Unit or Units served by such equipment. Unit 100 is allocated the Drive - Through designated on the Common Interest Community Plat as a Limited Common Element for its exclusive use for so long as Unit 100 is used for drive - through purposes and, thereafter, it shall revert to a Common Element in accordance with Section 4.5. Units 102 and 103 are allocated the entry vestibule designated on the Common Interest Community Plat as a Limited Common Element for their exclusive use. 2.13 Statement Pursuant to Section 515B.1 -106 of the Act. The Common Interest Community has not been created in violation of any zoning, subdivision, building, housing, environmental protection, heritage preservation, or other real estate use law, ordinance, regulation, rule or charter provision. Any conditions of any such law, ordinance, regulation, rule or charier provision have been complied with in the creation of the Common Interest Community. The Common Interest Community is not "conversion property" as that term is defined in the Act. 2.14 Shoreland. The Common Interest Community does not include "shoreland ", as defined in Minnesota Statutes Section 103F.205. 2.15 Special Declarant Rights. The 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 for as long as it owns a Unit, or for such period as may be specifically indicated: 2.15.1 Complete improvements indicated on the Common Interest Community Plat, planned by the .Declarant consistent with the disclosure statement provided to Purchasers pursuant to the Act, or authorized by the City of Edina, Minnesota; 2.15.2 Subdivide or combine Units or convert Units into Common Elements, Limited Common Elements and/or Units; 2.l 5.3 Maintain one (1) sales office and one (1) management office, which may be separate offices or combined, each to be located on the Common Elements or in a Unit owned by the Declarant, and maintain up to five (5) model Units, located in Units owned by the Declarant; 2.15.4 Maintain signs advertising the Common Interest Community located in model Units and on the Common Elements; 2.15.5 Use easements through the Common Elements for the purpose of making improvements within the Common Interest Community; 2.15.6 Appoint or remove any officer or director of the Association during the Declarant Control Period. M ARTICLE 3. Easements and Licenses 3.1 Easements for Encroachments. If by reason of the construction, reconstruction, rehabilitation, alteration, improvement, settlement or shifting of the Building, any part of the Common Elements encroaches or shall hereafter encroach upon any part of any Unit, or any part of any Unit encroaches or shall hereafter encroach upon any part of the Common EIements or upon any part of another Unit, or if by reason of the design or construction of utility systems and ventilation systems, any main, pipe, duct, or conduit serving more than one Unit encroaches or shall hereafter encroach upon any part of any Unit, valid easements for the maintenance of such encroachments and for such use of the Common Elements are hereby established and shall exist for the benefit of such Units, and the Owners, and the Common Elements, as the case may be, so long as all or any part of the structure shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Elements be created in favor of any Owner if such encroachment or use is detrimental to or interferes with the reasonable use and enjoyment of the Common Interest Community or any portion thereof by the other Owners and if it occurred due to the willful conduct of any Owner. The foregoing easement expressly includes an easement for the encroachment of internal demising walls constructed on or near the boundary line between Units and between Units and Common Elements, regardless of when constructed. 3.2 Easements for Certain Utilities and Other Purposes. The Board acting. on behalf of the Association may grant easements for public utilities, public rights -of -way or other public purposes, and cable television or other communication, through, over or under. the Common Elements; grant easements, leases, or licenses to Owners for purposes authorized by this Declaration; and, subject to approval by resolution of Owners other that the Declarant or its affiliates, grant other easements, leases, and licenses through, over'ar. under the Common Elements. Each Owner hereby grants to the Association an irrevocable power of attorney to execute, acknowledge, and record or rile, for and in the name of each such Owner, such instruments as may be necessary to effectuate the foregoing. 3.3 Easements Through Walls Within Units and Upkeep of Common Interest Community. Easements are hereby declared and granted to install, lay, maintain, repair, and replace any wires, pipes, flues, ducts, conduits, public utility lines, or structural components running through the walls of the Units, or other Common Elements whether or not such walls lie in whole or in part within the Unit boundaries. These easements are granted to the Association if such wires, pipes, flues, conduits, public utility lines, or structural components are part of the Common Elements (including the Limited Common Elements). These easements are granted to the Owners if such wires, pipes, flues, ducts, conduits, public utility lines, or structural components are Limited Common Elements reserved for the exclusive use of such Units. Nothing in this Article 3 shall be interpreted to limit or modify the access easements described in Section 515B.3 -107 of the Act. lul 3.4 Easements for Maintenance. Mutual non - exclusive easements are hereby granted and declared for the benefit of each Unit, the Association, and the Declarant as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Special Declarant Rights, and burdening each of them, within and through each Unit for access to other Units, the Common Elements or Limited Common Elements, if reasonably necessary for the alteration, maintenance, repair, improvement or replacement of the other Unit, Common Elements or Limited Common Elements; provided, however, that the exercise of such rights shall be upon reasonable notice and at reasonable times, except in the event of an emergency, in which event no notice need be given, and shall not interfere unreasonably with the use and occupancy of the burdened Unit. 3.5 Access Easements. Each Unit shall be the beneficiary of a perpetual easement for access to a public roadway on or across those portions of the Common Elements designated for use as roadways, parking areas, and sidewalks or walkways, as shown on the Common Interest Community Plat or designated by the Board. Each Commercial Unit located on the same floor as an Access Unit shall be the beneficiary of an appurtenant perpetual easement for access through the Access Unit on such floor; provided, however, that such easement shall automatically terminate and be of no further force or effect in the event that (i) the Access Unit, or portion thereof, is converted to a Common Element, or (ii) all of the Units on a level of the Building containing an Access Unit are combined into a single Commercial Unit, provided that in either event, the benefited Commercial Units have alternative access to the Unit or Units accessed by the Access Unit'. 3.6 Structural Support Easements. Each Unit shall be subject to, and the beneficiary of, an easement for structural support in all walls, columns, joists, girders and other structural components located in another Unit in the Building and contributing to -the support of the Building. 3.7 Easements to Run With Land. All easement rights and obligations created in this Article 3 are affirmative and negative easements, running with the land, perpetually in full force and effect and at a)) times shall inure to the benefit of, and be binding upon, Declarant, its successors and assigns, and any Owner, Purchaser, Mortgagee, holder of a Security for an Obligation and other person having any interest in the Common Interest Community or any part or portion thereof. 3.8 Sign Licenses. The Association shall maintain a monument sign on the Common Elements, identifying the Common Interest Community. The monument sign shall include up to twelve (12) individual signage panels that the Association shall license in its discretion to any Unit selected by the Association (including any Units owned by the Declarant). The signage panels may be used for the sole purpose of identifying the licensee's business in the Common Interest Community. Additionally, the Association may license in its discretion to the any Unit (including any Units owned by the Declarant) the right to use of the Condominium signage permitted by the City of Edina along France Avenue. The use and transfer of the licenses shall be administered by the Association in accordance with this Subsection. The following conditions and restrictions shall govern the assignment, use and transfer of the licenses: 3.8.1 The Association shall assign the exclusive right and license to use an otherwise unassigned signage panel or available France Avenue signage use right to any designated by the Association {including any Unit owned by Declarant} pursuant to a written certificate of license. The license shall remain with the Owner and Unit to which it is assigned until the license is reassigned in accordance with Subsection 3.8.3. 3.8.2 The use rights with respect to each sign panel and to the France Avenue signage shall be licensed exclusively to the Owner of the Unit to which the sign panel is assigned. The Association shall maintain records identifying the sign panels and signage rights, the Units to which they are assigned, the names of the Owners of the Units, and the dates of assignment and any reassignments. The Association will deliver a written certification of the assignment to the Owner upon request. 3.8.3 Licenses may be reassigned to other Units or transferred to subsequent Owners of Units only by first delivering to the Association a written assignment, in - form approved by the., Association, signed by the assignor and the assignee. The Association shall , review the proposed assignment for compliance with this Subsection, and if the assignment complies, the Association shall transfer the license on its records to the Unit or Units owned by the assignee. to the absence of a properly executed assignment to the contrary, the license to use of a sign panel or to the France Avenue signage assigned to a Unit shall be automatically assigned with the:,, conveyance of title to the Unit. The Association shall have no right to unilaterally reassign any sign panel license or license to use the France Avenue signage without the consent of the Owner of the Unit to which such sign panel license or license to use the France Avenue signage is assigned. 3.8.4 The security interest of a secured party holding a first lien on a Unit shall include the license, and the rights shall be included within the secured party's interest acquired if the lien or other security interest is foreclosed against the Unit. 3.8.5 Any license, lease, rental, assignment, transfer or purported transfer, whether voluntary or involuntary, of any interest in a license in violation of this Subsection shall be void. 3.8.6 The Board shall approve in writing the place, number, size, color, style and other sign criteria, which shall be made a part of the Rules and Regulations; provided, however, that all such Rules and Regulations shall be reasonable and uniformly applied and the Board shall not withhold its consent to any reasonable signage plan proposed by an Owner. The cost associated with such sign panels and signage shall be at the sole expense of the licensee. The Board may charge a fee for the use of such sign panels, but only if so stated in the individual license agreement with an Owner. Upon conveyance of a Unit, the Association shall, at the sole expense of the Owner, arrange to have the sign panel or France Avenue signage removed and 12 the affected area restored to its original condition. ARTICLE 4. Restrictions, Conditions and Covenants 4.1 Membership in Association. Each Owner shall, by virtue of such ownership interest, be a Member of the Association and shall remain a Member of the Association until such time as the ownership interest in the Unit ceases for any reason, at which time the Owner's membership in the Association shall automatically cease. When one or more persons hold an ownership interest in a Unit, all such persons shall be Members, but multiple ownership of a Unit shall not increase the voting rights allocated to each Unit or authorize the division of voting rights. 4.2 Compliance with Declaration Bylaws and Rules and Regulations of Association. Each Owner and all Occupants of a Unit shall comply with all of the provisions of this Declaration, the Bylaws, such Rules and Regulations as may be promulgated from time to time by the Association and decisions of the Association made pursuant to the authority granted to the Association in the foregoing documents, and failure to comply with any such provisions, and Rules and Regulations shall be grounds for an action to recover damages or for injunctive relief. - 4.3 Administration of Common Interest Community. The administration of the Common Interest Community shall be by the Board in accordance with the provisions of this Declaration and the Bylaws. 4.4 Purposes for Which Units are Restricted as to Use. The Commercial Units may be used only for office, banking and other commercial purposes that are allowed under ,- the applicable zoning code and this Declaration may not be amended to prohibit such uses for the Units without the written consent of the Owner(s) of 100% of the Commercial Units. The Access Units cannot be used for separate commercial purposes unless (1) converted to such use pursuant to Section 2.4, or (2) all Commercial Units on a Boor containing an Access Unit are owned by the same person or related persons and such person or persons by virtue of such ownership interest does not need a separate access area to its Unit or Units. Access Units must be owned (for so long as it remains an Access Unit) only by (a) the Declarant, or (b) the Association; provided, however, that if all Commercial Units on a floor containing an Access Unit are owned by the same person or related persons, the Access Unit may be owned by such person or persons and, provided further that Declarant must convey to the Association by quitclaim deed for minimal consideration any Access Unit located on a floor where all Commercial Units on such floor are not owned by the same person or related persons, Notwithstanding anything to the contrary contained in this Subsection 4.4, the Units may not be used for the purpose of any use which emits an obnoxious odor which can be smelled outside of any Unit. 4.5 Purpose for Which Drive - Through is Restricted as to Use. The Drive- Through may only be used for drive - through purposes ancillary to the business conducted in Unit 100. In the event it ceases to be used for such purposes for a period of twelve (12) consecutive 13 months, it shall be deemed abandoned and converted to Common Element, and the Association may, at its option, remove the drive- through improvements and charge the costs related to the removal to Unit 100, as a special assessment. Thereafter, the Association, may, at its sole expense, cause the area to be used for parking purposes and for no other use. The Board shall prepare, execute and file, at the Association's expense, any amendments to this Declaration or other documentation necessary to effectuate the foregoing. For purposes of this Section 4.5, periods (1) of construction or reconstruction of Drive - Through improvements, and (2) during which Unit 100 or the business in Unit 100 is transitioning to a new Owner, shall not be included in calculating months during which the Drive - Through is not being used for the purposes permitted by this Section. 4.6 Restriction on Renting or Leasing, of Units. Commercial Units may be leased at the Owner's discretion, provided they do not violate the provisions of this Declaration. Access Units may not be leased for so long as they are Access Units. Notwithstanding the foregoing, Access Units may be leased if (1) all of the Commercial Units on a floor containing an Access Unit are owned by the same person or related persons, and (2) such Owner or Owners by virtue of such ownership interest do not need a separate access area to their Unit or Units, and (3) such Owner or Owners lease the Access Unit to the party holding the tenant's interest in all of the Commercial Units on that floor. 4.7 Use and Transfer of Parking Stalls. The building includes a Common Element parking lot with Parking Stalls. In general, the Parking Stalls can be used by any Owner; Occupant and their permittees unless otherwise assigned to a specific Unit. The Association shall have the authority to assign Parking Stalls to Units (including Units owned ..by Declarant) for the exclusive use of the Owners, Occupants and Permittees of such _Unit., provided, however, `that no `Parking Stall assignment shall cause the Common Interest Community or any individual Unit or Units to be in violation of any zoning laws, rules or ordinances. Any license for the exclusive use of a Parking Stall can be perpetual or for a pre- determined period of time, as determined appropriate by the Association and the assignee of such Parking Stalls. The use and transfer of the Parking Stalls shall be administered by the Association in accordance with this Subsection. The following conditions and restrictions shall govern the assignment, use and transfer of the Parking Stalls: (a) The Association may assign the exclusive right and license to use an otherwise unassigned Parking Stall to a Unit (including any Unit owned by Declarant) designated by the Association pursuant to a written certificate of license. (b) The use rights with respect to each Parking Stall shall be licensed exclusively to the Owner or Occupant of the Unit to which the Parking Stall is assigned. The Association shall maintain records identifying the Parking Stalls, the Units to which they are assigned, the duration of the assignment, the names of the Owners and Occupants of the Units, and the dates of assignment and any reassignments. The Association will deliver a written certification of the assignment to the Owner upon 14 (c) (d) (e) request. Except as hereafter provided, a Parking Stall license may not be reassigned by an Owner or Occupant and upon abandonment or termination of the license, Owners and Occupants and their permittees shall be entitled to use the Parking Stalls in common with all other Owners and Occupants unless and until the license to use the Parking Stall is reassigned by the Association to another Owner or Occupant. Notwithstanding the foregoing, the license to use a Parking Stall assigned to a Unit at the time of the Unit's conveyance shall be automatically assigned with the conveyance of title to the Unit and the Owner of Unit 100 may assign any Parking Stall license it holds to any other Owner by first delivering to the Association a written assignment, in form approved by the Association, signed by the assignor and the assignee. The Association shall transfer the license on its records to the Unit owned by the assignee. The Association shall have no right to unilaterally reassign any Parking Stall license held by the Owner of Unit 100 without the consent of such Owner. In the event the Owner of Unit 100 assigns any Parking Stall license it holds, any subsequent holder of such Parking Stall license shall also have the right to reassign the license as if it was the Owner of Unit 100. Owners' shall not rent their assigned Parking Stall to anyone. Any license,: lease, rental; assignment, transfer or purported transfer, whether :voluntary or involuntary, of any interest in a Parking Stall in violation of this Subsection "shall be void. The use of the Parking Stalls are subject to the Rules and Regulations. (f) Parking Stalls shall be used only by Owners and Occupants and their perm ittees. The Association shall be responsible for the maintenance of all of the Parking Stalls including, without limitation, any licensed Parking Stalls; provided, however, that the costs for such maintenance may be assessed directly against the holder of the Parking Stall license. The Association may impose reasonable Rules and Regulations supplementary to, and not inconsistent with, this Declaration, the Bylaws for the Association, and any licensee's Parking Stall license, for use of the Parking Stalls; provided, however, that any such Rules and Regulations must be applied uniformly to the entire parking lot, including all licensed Parking Stalls. 4.8 Impairment of Structural Inte$rity of Unit or Building. Nothing shall be done, placed, installed, or erected in any Unit or in, upon or to the Common Elements which would impair the structural integrity of the improvements or which would structurally change the improvements except that Declarant shall be permitted to make any structural changes it deems necessary in connection with constructing and finishing the Units to prepare them for lE initial conveyance. 4.9 Improvements. Except as expressly permitted by this Article 4, no modifications, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "improvements "), shall be made, or caused or allowed to be made, by any Owner or Occupant, or their invitees, 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 in compliance with the requirements of this Article 4, except that Declarant shall be permitted to make any improvements it deems necessary in connection with constructing and finishing the Units to prepare them for initial conveyance without authorization of the Board. 4.10 Architectural Committee. The Board may appoint, supervise and establish an architectural committee, and specifically delegate to it part or all of the functions which the Board exercises under this Article 4, in which case the references to the Board shall refer to the architectural committee where appropriate. The architectural committee shall be subject to the supervision of the Board. 4.11 Improvement Procedures. The Board shall have authority to establish reasonable procedures for applying for authorization for improvements, . and reasonable requirements for improvements, and shall be the sole judge of whether the criteria are satisfied, subject to any restrictions imposed by any applicable :governmental laws, codes, ordinances or regulations. No Board approval shall be required for improvements. made by Declarant in connection with constructing and finishing the Units -to prepare them for initial-' conveyance. 4.12 Pumose of Architectural Requirements. The purpose of the requirements established by the Board shall be (i) to preserve the architectural style, the quality and the value of the Subject 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. 4.13 Appurtenant Easements. Approval of improvements which encroach 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, notwithstanding any contrary requirement in the governing documents or the Act. A file of the Board or committee resolutions approving all improvements shall be maintained permanently as a part of the Association's records. 4.14 Antennas. Any provisions in the governing documents and any Rules and Regulations of the Association regarding the installation and use of antennas shall apply to the extent consistent with applicable federal and state law and regulations. 4.15 Construction Standards. An Owner who causes an improvement to be made, regardless of whether the improvement is approved by the Board, shall be solely responsible for the construction standards and specifications relating to the improvement, and for the IIM construction work. The Owner, and not the Association, is responsible for determining whether any improvement is in compliance with any requirements imposed by any governmental authority having jurisdiction over the Subject 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 liabilities, including, without limitation, attorneys' fees and costs of litigation arising out of (i) any improvement which violates any governmental laws, codes, ordinances or regulations; (ii) the inadequacy of the specifications for construction of the improvements; (iii) defects in the construction of the improvements; or (iv) any improvements which negatively affect the use of any other Unit or the Common Elements. 4.16 Indemnification for Unit or Common Element Alterations. The Board shall require that an Owner intending to make alterations to the Common Elements, Limited Common Elements or the Owner's Unit, which have been first approved by the Board, furnish the Association with adequate assurances that such Owner will indemnify, defend and hold harmless the Board, Association and other Owners from mechanics' liens or other claims arising from structural alterations or modifications of the Units or Common Elements. The Board may require that an Owner provide a deposit, performance bond or other assurance that any removed or altered Common Element will be repaired and restored as required by the Board. The Board shall have the right to complete, pay for and assess the Unit and the Owner for any alterations commenced but not completed. 4:17 Rules and Regulations,' In addition to the foregoing restrictions, conditions and covenants concerning the use of the Common Interest Community, reasonable rules and - regulations, that do not conflict with and are supplementary to this Declaration, may-be promulgated and amended from time to time by the Board. Copies of such Rules and Regulations and amendments thereto shall be furnished by the Association to each Owner. 4.18 Restrictions, Conditions and Covenants to Run With Land. Each grantee of Declarant, by the acceptance of a deed of conveyance, and each Owner who acquires such interest hereafter, accepts such deed or such interest, as the case may be, subject to all restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having, at any time, any interest or estate in the land, and shall inure to the benefit of the Owner in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed or other conveyance. The Association shall ensure that the Subject Property and all structures, landscaping and improvements upon the Subject Property are constructed and maintained in compliance with all permits, zoning ordinances and other applicable regulations. 4.19 Non - Waiver of Covenants. No covenants, restrictions, conditions, obligations or provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or 17 breaches which may occur. 4.20 Termination. The procedures that the Association and the Owners must follow in the event of a decision to terminate the Common Interest Community, except in the case of a taking of all the Units by eminent domain, are set forth in Section 515B.2 -119 of the Act and shall be complied with by the Association. ARTICLE 5. Management, Maintenance, Repairs, Alterations and Imorovements 5.1 Common Elements and Limited Common Elements. Except to the extent otherwise provided in Section 515B.3 -113 of the Act, but as provided in Section 515B.3 -107 thereof, the Association shall be responsible for the maintenance, repair, alteration, improvements and replacement of the Common Elements and the Drive - Through and, to the extent determined appropriate by the Board, the other Limited Common Elements. 5.2 Units. Except to the extent otherwise provided in Section 515B.3 -113 of the Act, but as provided in Section 515B.3 -107 thereof, each Owner is responsible for the maintenance, repair, alteration, improvement and replacement of that Owner's', Unit. Members shall perform their responsibilities in such manner as not to disturb other Owners; shall not impair any easement; shall comply with the Rules and Regulations,. Bylaws and Declaration; shall promptly report to the Association any defect or need for repairs' to. the Common Elements; shall not do anything that will or might jeopardize or impair the safety and/or soundness of any of the improvements or equipment without the prior written consent of the Board of Directors, which consent may be withheld for any.reason If any, Owner.fails .to perform appropriate maintenance, then the Association will have the right to. enter upon such.Unit to perform such maintenance, and the cost thereof will be charged to the Owner: 5.3 Damage. If damage is inflicted on the Common Elements or any Unit by an Owner or his or her tenants, guests, agents, or assigns, the Owner is liable at his or her expense for the prompt repair thereof except as provided in Section 5.4. 5.4 Waiver of Claims. Anything herein to the contrary notwithstanding, the Association agrees that it shall make no claim against any Owner or Occupant, and each Owner and Occupant agrees to make no claim against the Association, the Board or members of the Board, officers of the Association, or employees or agents of any thereof, or against the property manager or its officers, employees or agents, or other Owners or Occupants, for any loss or damage to the Common Interest Community, or to a Unit or personal property, even if caused by the act or neglect of any one or more of such persons, due to a peril insured against by casualty insurance purchased by the Association, or any Owners to the extent of the insurance proceeds recovered under all such policies of insurance, and all such claims, to the extent of such recovery, are hereby waived and released; provided, however, that this waiver shall not apply to vandalism or malicious mischief and shall apply only during such time as the applicable policy or policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair the policy or policies, or prejudice the right of the insured to recover thereunder, and each Owner and the Board agree that their respective insurance policies shall contain such a clause or endorsement, if available at reasonable cost in the opinion of the party insured thereunder. The Board shall have the right to determine who shall pay the deductible portion not covered by insurance. 5.5 Mechanics' Liens. Before the commencement of any construction, alteration, modification, remodeling, or renovation of any portion of the Common Interest Community, or any other activity which may give rise to mechanics' liens or other claims, the Association may require the Owner or Owners involved to post a bond in favor of the Association and other uninvolved Owners equal to one hundred twenty-five percent (125 %) of the estimated cost of completion, which bond shall indemnify the Association and other uninvolved Owners against any such mechanics' liens or other claims. 5.6 Owner Obligated to Pay. Section 5.5 notwithstanding, the Owner or Owners so involved shall promptly pay for all material, equipment, and labor used in any such construction, alteration, modification, remodeling, renovation, or other activity and in any event shall so pay therefor within thirty (30) days of the fling of any mechanic's lien or other claim; provided, however, that if any such Owner or Owners choose to contest the validity of such lien or claim, the Association may require such Owner or Owners to:post a bond (assuming that no other similar bond is then in effect) in favor of the Association and other uninvolved Owners equal to one hundred twenty -five percent (125 %) of the amount claimed by the holder of such lien or claim, which bond shall indemnify the Association and other non- involved Owners against such lien or claim. ARTICLE 6. Assessments and Liens for Assessments Assessments against the Owners shall be levied by a majority vote of the Board and paid by the Owners to the Association in accordance with the following provisions: 6.1 Obligation for Assessments. Each Owner of any Commercial Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association, commencing on the date of delivery of the deed: (i) annual assessments or charges; and (ii) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Commercial Unit against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also become the personal obligation of the Owner at the time the assessment becomes due. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title, unless expressly assumed by them. Assessments against all Commercial Units shall be levied at the time of the conveyance of a Commercial Unit to an Owner other than the Declarant, subject to the Association's right to assess certain Common Expenses against only the Commercial Units benefited as provided in Section 6.2, except that prior to the termination of the Declarant Control Period, the Association may elect to collect no annual assessment or only a percentage of the proposed annual assessment. Except as provided by Sections 6.2 and 6.5, below, assessments shall be allocated among the Owners based on the percentages set forth on Exhibit B -1 attached hereto. During the remainder of the calendar year in which the Common Interest Community is created, the Association shall give Members at least ten (10) days prior written notice of the assessment due for the following month. The failure or delay of the Board to send notice to each Member as provided above shall not constitute a waiver or release in any manner of the Member's obligation to pay the assessment whenever it shall be determined, and in the absence of any notice each Member shall continue to pay the monthly assessment at the then existing monthly rate until such Member has receipt of the assessment amount. 6.2 A_ sseesments Against Fewer Than All Commercial Units. The Association may assess any Common Expense benefiting fewer than all of the Commercial Units against the Units benefited. In that case, the Common Expense shall be equitably allocated among all of the Units benefited by such Common Expense. Any Common Expense associated with the maintenance, repair or replacement of a Limited Common Element shall be assessed against the Commercial Unit or Units to which that Limited Common Element was assigned at the time the expense was incurred as provided in Section 515B.3- 115(h)(1) of the Act. 6.3 Annual Assessment_ The annual assessment shall be established by the Board in accordance with the provisions of this Article 6. 6.4 Special Assessments. In addition to the annual assessmentsi levied as provided in this Article 6, the Board may, in its discretion, levy special assessments at such other and additional times as, in its judgment, are required for the proper management, maintenance, repair and operation of the Common Interest Community. 6.5.: Assessment Rate. Both annual and special assessments shall - be assessed. among the Commercial Units based on the percentages set forth on Exhibit B -1 attached hereto and may be collected on a monthly basis, provided, however, that assessments arising out of the negligence or nonperformance of any obligation of an Owner shall be for additional nonuniform amounts and shall be immediately due in full from the Owner, and assessments against fewer than all Commercial Units shall be set pursuant to Section 6.2 above. In addition, upon determination by the Board, the costs of insurance may be assessed in proportion to risk or coverage of the Unit being assessed. All other costs shall be assessed against all Commercial Units. 6.6 Lien for Unpaid Assessments Interest and Late Fees. All assessments, both annual and special, shall become a lien upon a Unit on the date the assessment or the installment of an assessment becomes due, or if the assessment is not payable in installments, then on the date the Board determines the assessment is due and payable. The lien for all unpaid assessments shall include interest, costs, receiver's fees, collection fees, filing fees, reasonable attorneys' fees and late fees. 6.7 Priority of Lien; Purchaser at Foreclosure Sale Not Liable for Certain Unpaid Assessments; Association Responsible for Certain Unpaid Assessments. The lien for 20 assessments is prior to all other liens and encumbrances on the Unit except (i) liens and encumbrances recorded before the recording of the Declaration; (ii) any recorded mortgage on the Unit securing a first mortgage; and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit; provided, however, that if a first mortgage on a Unit is foreclosed and no Owner redeems during the period of redemption provided by Minnesota Statutes, Chapters 580, 581, or 582, then (g) the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to a lien in favor of the Association for unpaid assessments for Common Expenses levied pursuant to Minnesota Statutes, Sections 515B.3- 115(a), (e)(1) to (3), (f) and (i), which became due, without acceleration, during the six (6) months immediately preceding the first day following the end of the Owner's period of redemption, and (h) any unpaid assessments for Common Expenses levied pursuant to Minnesota Statutes, Section 515B.3- 115(e)(4) and (g), which became due, without acceleration, at any time, and any unpaid assessments for Common Expenses levied.pursuant to Minnesota Statutes, Section, 515B.3.1.1,5(a), (e)(1) to (3), (f) and (i), which became due at any time prior to the date six (6) months immediately preceding the first day following the end of the Owner's period of redemption shall.thereupon be spread over and become a lien. on all f, Units subject to assessments in proportion to their Common Expense liability. Any such sale or transfer pursuant to foreclosure shall not relieve the Purchaser or transferee of a Unit or the Unit itself from liability for the lien of any assessment made thereafter. This provision does not affect the priority of mechanics' or materialmen's liens. Fees, late charges and interest charges pursuant to this Declaration are enforceable as assessments. 6.8 Preparation of Proposed Budget and Levying, of Assessment. Each year, at least thirty (30) days prior to the beginning of the Association's fiscal year, the Board shall estimate the total amount necessary to pay the Common Expenses during the next fiscal year together with the reasonable amount considered by the Board to be necessary for reserves for such things as maintenance, alterations and improvements, reconstruction and repair, and emergencies. At least thirty (30) days prior to the beginning of the Association's fiscal year, the Board shall provide or mail to each Owner the amount of the assessment that Owner shall pay in the next fiscal year. 6.9 Payment of Assessments. All sums assessed by the Association for annual assessments shall be payable monthly, except as determined by the Board, and special assessments allocable to any Unit shall be payable monthly or as designated by the Board. Except as otherwise provided by the Board, following the levying of an assessment as provided in Section 6.8, on the first of each and every month of each fiscal year thereafter, each Member shall be obligated to pay to the Association, one - twelfth (1/12) of the 21 assessment levied. 6.10 Failure to Prepare Annual Budget and Levy Annual Assessments. The failure or delay of the Board to prepare the proposed annual budget and to levy assessments upon each Member as provided above shall not constitute a waiver or release in any manner of such Member's obligation to pay annual assessments whenever the same shall be determined, and in the absence of any annual budget, each Member shall continue to pay the monthly assessment at the then existing monthly rate until such Member has received notice of the new annual or special assessment levied. 6.11 Late Fees and Interest on Unpaid Assessments: Acceleration. All assessments and installments not paid on or before the date when due shall bear a late fee determined by the Board from time to time. In addition, an additional late fee shall be assessed for each month thereafter that such fee is late. All payments upon account shall be applied first to any penalty, and then to the assessment payment first due. This provision applies to both annual and special assessments. If any installment of an assessment, whether annual or special, becomes more than sixty (60) days past due, then the Board may, upon ten (l 0) days' written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. 6.I2 Assessment Roll Available for Inspection. The assessments against all. Commercial Units shall be set forth upon a roll of the .Commercial ,Units which shall be, available in the office of the Association for inspection at all. reasonable times by Members or their duly authorized representatives. Such roll shall indicate for.each Commercial Unit the name and address of the Member, the assessments for all purposes, and the amounts of all assessments paid and unpaid; A certificate made by the Association as to the status of-a� Member's assessment account shall limit the liability of any person for whom' such certificate is made. The Association shall issue such certificates to such persons as a Member may authorize in writing. 6.13 No Exception or Waiver of Payment of Assessments. No Member shall be exempt from liability for contributions towards the Common Expenses by waiver of the Member's use or enjoyment of the Common Elements or any portion of the Member's Unit or by the abandonment of the Member's Unit, or any other improvement. 6.14 Foreclosure of Lien. The Association's lien may be foreclosed as provided by laws of the State of Minnesota as if it were a lien under a mortgage containing a power of sale. The rights of the parties shall be the same as those provided by the law except that (i) the period of redemption shall be six (6) months from the date of sale or a lesser period authorized by law; (ii) in a foreclosure by advertisement under Minnesota Statutes, Chapter 580, the foreclosing party shall be entitled to costs and disbursements of foreclosure, and attorneys' fees in the amount provided by Minnesota Statutes, Section 582.01, subdivision la; (iii) in a foreclosure by action under Minnesota Statutes, Chapter 581, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys' fees as the court may determine, and (iv) the amount of the Association's lien shall be 22 deemed to be adequate consideration for the Unit subject to foreclosure, notwithstanding the value of the Unit. 6.15 No Further Perfection or Notice Required. The recording of this Declaration constitutes record notice and perfection of the lien and no further recording of any claimed lien for assessment is required. 6.16 Adequate Reserve Fund. Assessments for Common Expenses shall include an adequate reserve fund for maintenance, repairs and replacement of those Common Elements (including Limited Common Elements) that must be replaced on a periodic basis, and shall be payable in regular installments rather than by special assessments. 6.17 Workins, Capital Fund. A segregated working capital fund equal to at least a two (2) months' estimated Common Expenses per Commercial Unit shall be established to ensure that the Association will have cash available during the initial months of the Common Interest Community's existence. The contribution to the working capital fund required from each Commercial Unit shall be made by the Purchaser at the time of closing of the sale of that Commercial Unit from the Declarant. 6.18 Alternative Assessment Proeram. The Declarant hereby establishe& an alternative assessment program as .permitted by Minnesota Statutes, Section 515133- 115(a)(2)(i). Specifically; if a Common Expense assessment has,, been levied, aa' Y Uhit owned by the Declarant shall be assessed at the rate of twenty- five ,percent (25 %) :of the assessment that would otherwise be levied on such Unit .(exclusive of replacement reserves) until such Unit .is substantially completed. Thereafter, such. Unit shall: be. assessed at the full rate. This reduced, assessment shall apply to each Unit owned:.by. the. ., Declarant, and shall continue as to each such Unit until. the issuance of the certificate of occupancy as previously described. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association's budget. Notwithstanding the foregoing, that part of any Assessment that is allocated to replacement reserves referred to in Section 515B.3 -114 of the Act shall be fully levied against a Unit, including any Unit owned by the Declarant, no later than the date that the Unit is substantially completed, as evidenced by a certificate of occupancy. The Declarant shall, within sixty (60) days following the termination of the Declarant Control Period, make up any operating deficit incurred by the Association during the Declarant Control Period. ARTICLE 7. Insurance and Eminent Domain 7.1 Required Coverage. The Association shall obtain and maintain, at a minimum, a master policy or policies of insurance in accordance with the insurance requirements set forth in the Act and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the, State of Minnesota, as follows: 7.1.1 Property insurance in broad form covering all risks of physical loss in 23 an amount equal to one hundred percent of the insurable "replacement cost" of the Subject Property, exclusive of: (i) deductibles; and (ii) land, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery). The Association will not insure (a) ceiling or wall finishing materials; (b) floor coverings; (c) cabinetry; (d) appliances; or (e) other improvements and betterments within the Commercial Units, regardless of when installed; provided, however, that the Association will insure the internal demising walls between Units and between Units and the Common Elements located on the boundary line between two Units or between a Unit and the Common Elements, regardless of when installed. 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 available. The Board may also, on behalf of the Association, enter into binding written agreements with a mortgagee, or insurer, guarantor, or servicer of a mortgage, obligating the Association to keep certain specified coverages or endorsements in effect. 7.1.2 Commercial general liability insurance covering the use, operation and maintenance of the Common Elements and Access Units owned by the Association, with minimum limits of One Million Dollars 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 Subject 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 act's of the Association or other Owners or Occupants. 11 i. t j Commercial 'umbrella insurance with minimum annual limits of Three Million Dollars: - 7.1.4 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 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. 7.1.5 Workers' Compensation insurance as applicable and required by law. 7.1.6 Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. 7.1.7 Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. 24 7.2 Premiums; Improvements; Deductibles. Except as provided in Section 2.9, all insurance premiums shall be assessed and paid as an annual assessment. If the Owners' improvements and betterments to the Units are covered, any increased cost may be assessed against the Units affected. In the case of a claim for damage to a Unit or Units, the Association may, as authorized by Section 515B.3- 115(b) of the Act, (i) pay the deductible amount as a Common Expense; (ii) assess the deductible amount against one or more of the Units affected in any reasonable manner; or (iii) require the Owners of the Units affected to pay the deductible amount directly. The Board's decision as to who shall be charged with paying the deductible amount may, but need not, be based on fault. 7.3 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, including Mortgagees, 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. 7.4 Required Policy. Provisions. All policies of property insurance carried by the Association shall provide that: 7.4.1 Each Owner and secured parry 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. 7.4.2 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. 7.4.3 The coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible 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 over which the Association has no control. 7.4.4 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. 7.5 Cancellation: Notice of boss. 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 days prior written notice to the Association and to all Eligible Mortgagees. 7.6 Restoration in Lieu of Cash Settlement. Property insurance policies maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be 25 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. 7.7 Owner's Personal Insurance. Each Owner is required to obtain (i) "all risk" property insurance covering the full replacement value of all of the Owner's improvements, trade fixtures and personal property within the Unit; and (ii) commercial general liability insurance, providing coverage on an `occurrence" rather than a "claims made" basis, which policy shall include coverage for Bodily Injury, Property Damage, Personal Injury, and Independent Contractors, in current Insurance Services Office form or other form which provides coverage at least as broad. Owner shall maintain a combined policy limit of at least Two Million Dollars applying to bodily injury, property damage and personal injury, which limit may be satisfied by the Owner's basic policy, or by the basic policy in combination with umbrella or excess policies so long as the coverage is at least as broad as that required herein. Such liability, umbrella and/or excess policies may be subject to aggregate Iimits so long as the aggregate limits have not at any pertinent time been reduced to less than the policy limit stated above, and provided further that any umbrella or excess policy provides coverage from the point that such aggregate limits in the basic policy become reduced or exhausted. Insurance policies maintained b Owners are without contribution as against the insurance y ag purchased by the Association, except as to deductible amounts or other items not covered under the Association's 'policies. 7.8 Required Insurance Not Available. If any insurance required hereunder ceases to be available, or is available, on terms so unacceptable that prudent owners of :similar i commercial property generally do not carry such insurance, then in lieu`of such insurance the pertinent party may carry the most comparable insurance which `is available and generally ' carried by prudent, 7.9 Eminent Domain. The procedures that the Association must follow in the event of a taking (or a purchase in lieu of a taking) of part or all of the Common Elements by a condemning authority are set forth in Section 515B.1 -107 of the Act and shall be complied with by the Association. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Elements, or part thereof. Each Owner hereby grants the Board an irrevocable power of attorney for such purpose. Any proceeds from the settlement should be payable to the Association for the benefit of the Owners and their mortgage holders. Any distribution of funds in connection with the termination of the Common Interest Community must be made on a reasonable and equitable basis to the Owners and mortgage holders as their interests appear. ARTICLE 8. Amendments to Declaration 8.1 Percentage of Owners. Except as expressly permitted or required by the Act or Articles 8 and 9, this Declaration may be amended by the Association only by a vote or written agreement of Owners to which at least sixty -seven percent (67 %) of the votes in the W-i Association are allocated. 8.2 Recordation. Every Amendment to the Declaration shall be recorded in the office of the Recording Officer, and is effective only when recorded. 8.3 Limitations. Except to the extent expressly permitted or required by provisions of Sections 515B.1 -101 to 51513.4 -118 of the Act or this Declaration, no amendment may create or increase Special Declarant Rights, increase the number of Units, change the Common Expense liability or voting strength in the Association, convert Common Elements to Limited Common Elements or change the boundaries of any Unit, in the absence of a vote or written agreement of Owners to which at least sixty -seven percent (67 %) of the votes in the Association are allocated. 8.4 Reallocation of Limited Common Elements. Except as otherwise provided in this Declaration, a reallocation of Limited Common Elements shall not be permitted without the written agreement of the Owners to which the Limited Common Elements are allocated. The reallocation shall be made in accordance with Section 5158.2- I09(c), which provides: "An allocation of limited common elements may be changed' by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made and the association. The amendment shall be approved. by .the board of directors of the association as to form, and compliance with the declaration and this chapter. The association shall establish .fair and reasonable procedures and time, frames. for the submission and processing.of the reallocations, and shall maintain records.,thereof. If approved, the association shall cause the amendment to be recorded The amendment shall be effective when recorded. The association may require the unit owners requesting the reallocation to pay all fees and costs for reviewing, preparing and recording the amendment and any amended CIC plat." 8.5 Secretary or President's Affidavit. An affidavit of the secretary or president of the Association stating that the votes or agreements required by this Article 8 have occurred shall be attached to the amendment and shall constitute prima facie evidence of the representations contained therein. ARTICLE 9. General Provisions 9.1 Interpretation of Declaration. This Declaration is set forth to comply with requirements of the Act. In the event of any conflict between this Declaration and the provisions of the Act, the provisions of the Act shall control. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the ownership and operation of a commercial common interest community project. Compound words beginning with the prefix "here" shall be read as referring to this Declaration and not merely to the part of it in which they appear. 27 9.2 Examination of Records. Owners, lenders, and holders, insurers or guarantors of any first mortgage shall be entitled to inspect current copies of the Declaration, Bylaws, and Rules and Regulations governing the Common Interest Community and the books, records and financial statements of the Association upon request during normal business hours or under other reasonable circumstances. Purchasers shall be entitled to inspect current copies of the Declaration, Bylaws, and Rules and Regulations governing the Common Interest Community and the most recent annual audited financial statement, if such is prepared. Any person or entity which has an interest or prospective interest in the Common Interest Community shall be entitled, upon written request, to have an audited financial statement for the immediately preceding fiscal year prepared within a reasonable time, at the expense of such person or entity. 9.3 Notices. All notices, objections, demands and other communications required or permitted to be given or served under this Declaration shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested, as follows: 9.3.1 Member. In the case of each Member, to the Member's last address as shown on the records of the Association; 9.3.2 Association. •In the case of the Association; to its president or management agent at the last address shown for such person on the records of the Association, or if not obtainable, to its registered office in the State of Minnesota; or 9.3.3 Declarant: In the case of the Declarant, to: HPO.7300, LLC c/o Hunt Associates 24 University Avenue NE, Suite 150 Minneapolis, MN 55413 9.4 Successors and Assigns. This Declaration shall be binding upon and inure to the benefit of the Association, its Members and the Declarant, and their heirs, successors and assigns; provided, however, except as provided in this Declaration, that none of the parties shall assign any right or obligation hereunder in whole or in part, without the prior written consent of each of the other parties hereto, and any attempt to do so shall be void. 9.5 Severable Provisions. Each provision of this Declaration is intended to be severable. If any term or provision herein is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Declaration. 9.6 Titles, Headings or Captions and Reference to Gender. All titles, headings or captions in the articles or sections of this Declaration are inserted for convenience of reference only and shall not constitute a part of this Declaration or as a limitation of the scope of the particular articles or sections to which they apply. "Ihe masculine gender may 28 be read as the feminine gender or the neuter gender, the neuter gender may be read as the masculine gender or feminine gender and the feminine gender may be read as the masculine gender or the neuter gender. Where appropriate the singular may be read as the plural and the plural may be read as singular. 9.7 Minnesota Law to Govern. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. 9.8 Association's Right of Entry. The Association, its contractors, agents and assigns, shall have a right of entry upon each Unit and the Limited Common Elements allocated to it at any time to effect emergency repairs and, upon 24 hours advance notice, between the hours of 9:00 a.m., and 5:00 p.m. to effect other repairs, improvements, replacements or maintenance deemed necessary by the Association. 9.9 Right of Action. Failure of any Owner or the Association to comply with the provisions of this Declaration, the Bylaws or the Rules and Regulations adopted pursuant thereto shall give rise to a cause of action by any aggrieved Owner or the Association. ARTICLE 10. Provisions for Eligible Mortgagees The following provisions shall take precedence over all other provisions of this Declaration, and in the ;event of any inconsistency or contradiction, the following provisions shall control: 10.1 No Right of First Refusal. No right of first refusal contained in this Declaration or the Bylaws of the Association shall impair the rights of any first mortgagee to: .- 10.1.1 foreclose or take title to a Unit pursuant to the remedies provided in the Mortgagee's mortgage; 10. 1.2 accept a deed or assignment in lieu of foreclosure in the event of default by a mortgagor; or 10. 1.3 sell or lease a Unit acquired by the Mortgagee. 10.2 Approval of Eligible Mortgagees. 10.2.1 Except as otherwise permitted by this Declaration, unless at least fifty- one percent (51 %) of- Eligible Mortgagees holding first mortgages (based upon one vote for each mortgage owned) have given their written consent, the Association shall not be entitled to materially amend any provision of this Declaration or of the Association's Bylaws or add any material provisions thereto which establishes, provides for, governs or regulates any of the following: (a) voting; Ali (b} assessments, assessment liens or the subordination of any such lien; (c) reserves for maintenance, repair, or replacement of the Common Elements; (d) insurance or fidelity bonds; (e) rights to use the Common Elements; (f) responsibility for maintenance or repair of any portion of the Common Interest Community; (g) expansion or contraction of the Common Interest Community or the addition, annexation or withdrawal of property to or from the Common Interest Community; (h) boundaries of any Unit; (a) interests in the Common Elements or Limited - Common ` Elements; (i} convertibility'' of Units into Common Elements or Common Elements into Units; (1) leasing of Units; (k) imposition of any right of first refusal or any similar restriction on the right of an Owner to sell, transfer or convey in any other manner the Owner's Unit; (1) establishment of self - management by the Association where the Association had previously been managed professionally. (m) any restoration or repair of the Common Interest Community after partial condemnation or damage due to an insurable hazard shall be substantially in accordance with the Declaration and the original plans and specifications; and (n) no reallocation of interests in the Common Elements resulting from a partial condemnation or partial destruction of the Common Interest Community may be effected. 10.2.2 Unless at least sixty -seven percent (67 %) of the voting power of the Owners and at least sixty -seven percent (67 %) of first Mortgagees (based upon one vote for each mortgage owned) have given their consent, +, (a) the Common Interest Community cannot be terminated; (b) partition or subdivide a Unit, except as otherwise permitted by this Declaration or as permitted by Minnesota law; and (c) the legal form of the Common Interest Community cannot be changed. 10.3 Notice to Eligible Mortgagees. Eligible Mortgagees shall be entitled to timely written notice of: 10.3.1 any proposed amendment of the governing documents effecting a change in (i) the boundaries of any Unit or the exclusive easement rights appertaining thereto; (ii) the interests in the Common Elements or Limited Common Elements appertaining to any Unit or the liability for Common Expenses; (iii) the number of votes in the Association appertaining to any Unit; or (iv) the purposes to which any Unit or the Common Elements is restricted; 10.3.2 any proposed termination of the Common Interest Community; 10.3.3 any condemnation loss or any casualty loss which affects a material portion of the Common interest Community or which affects any Unit on which there is a first mortgage held, insured or guaranteed by such eligible holder; 10.3.4 any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to the mort gage of such eligible holder, insurer or guarantor, where such delinquency has continued for a period of sixty (60) days; 1`0.3.5 any lapse, cancellation or material modification of any insurance policy maintained by the Owners association. 10.4 Liens Prior to First Mortgage. All taxes, assessments and charges which may become liens prior to any first mortgage on any Unit under local law, shall relate only to the individual Unit and not to the Common Interest Community project as a whole. 10.5 Rai hts to Condemnation Proceeds. No provision of the Common Interest Community constituent documents gives an Owner or any other party priority over any rights of the first mortgagee of the Unit pursuant to its mortgage in the case of condemnation awards for losses or the taking of Units and/or Common Elements. 10.6 Amendments. Neither this Section 10.6 nor any of the provisions of this Declaration or the Bylaws that are for the express benefit of holders or insurers of first mortgages on Units shall be amended without the approval of at least sixty -seven percent (67 %) of the voting power of the Owners (other than the Declarant or builders) and the approval of least fifty -one percent (51 %) of Eligible Mortgagees (based upon one vote for each mortgage owned). 1b us. 123560713 31 IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and year first above written. HPO 7300,J.LC, a MinneXty limited liability company xy: Leonard W. Pratt ts: Chief Manager STATE OF MI SOTA ) ss. COUNTY OF % The foregoing instrument was acknowledged before me this Oy day o 2006, by Leonard W. Pratt, the Chief Manger of HPO 7300, LLC, a Minnesota lim ted liability company, on behalf of the limited liability company. Notary Publi THIS INSTRUMENT WAS DRAFTED BY: FAEGRE & BENSON LLP Jana C. Ott 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 -3901 Telephone: (612) 766 -7000 32 GAfKXYN K ASP W I �J ti EXHIBIT A TO DECLARATION 7300 OFFICE CONDOMINIUMS COMMON INTEREST COMMUNITY NO. 1613 SUBJECT PROPERTY Lot 2 and Lot 3, except the South 284 feet thereof, Block 3, Oscar Roberts First Addition, Hennepin County, Minnesota. A -1 EXHIBIT B TO DECLARATION 7300 OFFICE CONDOMINIUMS COMMON INTEREST COMMUNITY NO. 1613 Allocation of Voting Rights and Interest in Common Elements Unit Common Expense Assessments 100 12.84% 101 3.43% 102 3.69% 103 5.04% Floor 1 = 25% 200 3.23% 201 4.82% 202 3.52% 203 3.66% 204 4.47% 205 2.14% 206 3.16% Floor 2 = 25% 300 3.24% 301 3.45% 302 1.I2 °!° 303 1.13% 304 1.37% 305 1.19% 306 1.26% 307 1.47% 308 3.68% 309 2.03% 310 1.32% 311 1.41% 312 2.33% Floor 3 = 25% 400 2.90% 401 3.09% 402 3.22% 403 2.22% 404 3.15% 405 3.24% I: Unit Common Expense Assessments 406 407 408 B -2 2.06% 3.45% 2.07% 144.00% Floor 4 = 25% Unit 100 101 102 103 200 201 202 203 204 205 206 300 301 302 303 304 305 306 307 308 309 310 311 312 400 401 402 403 404 405 EXHIBIT B -1 TO DECLARATION 7300 OFFICE CONDOMINIUMS COMMON INTEREST COMMUNITY NO. 1613 Allocation of Liability for Common Expenses Common Expense Assessments 12.84% 3.43% 3.69% 5.04% f:li16I 3,23% 4.82% 3.52% 3.66% 4.47 % 2.14% 3.16% 3.57% 3.80% 1,23% 1.25% 1.51% 1.32% 1,39% 1.63% 4.07% 2.23% 1.45% 1.55% 0.00% 3.16% 3.37% 3.51% 2.42% 3.44% 3.54% Floor 1 = 25% Floor 2 = 25% Floor 3 = 25% Unit Common Expense Assessments 406 2.24% 407 3.32% 408 0.00% B -1 -2 100.0.0% Floor 4 = 25% :10 ILOBI IE RT S 56 - — --l' ti b 1� -,* J,,- 7Qf ' G is CJ