Section 9.1 Subsequent Development. Declarant reserves for itself, its successors and assigns, during the Declarant Control Period, the right, by amendment to this Declaration recorded in the King County Recorder's Office, to subject additional properties to this Declaration or to withdraw undeveloped property from it. Each Unit Owner appoints and constitutes the Declarant as his/her/its attorney-in-fact to adopt and file amendments to this Declaration necessary to add or subtract such properties. The original Unit Owners shall be benefited by any Common Elements on additional property the Declarant elects to add to Northpoint at Maple Centre, either through Association ownership and/or control of said additional Common Elements or by easements of use and enjoyment in favor of said original Unit Owners on said additional Common Elements. The owners of such property added by Declarant to Northpoint at Maple Centre shall have an easement for use and enjoyment of the existing Common Elements and shall have all the obligations to pay their pro rata cost of maintaining the Common Elements, unless otherwise provided herein. The Declarant shall also have as a Development Right the right to extend existing easements and may create new easements over the Units still within Declarant's control so as to provide access and service to the additional properties. Neither the Association nor any Unit Owners shall have any right in any additional property, nor shall this Declaration have any effect on such additional property until it is subjected to this Declaration by adoption of an amendment to this Declaration recorded in the King County Recorder's Office describing such additional property or by addition to the Map of Northpoint at Maple Centre. The rights reserved by Declarant in this Section may be exercised by Declarant during the Declarant Control Period at Declarant's sole discretion.

 

Section 9.3 Rights and Obligations. The owners of properties added to Northpoint at Maple Centre shall be members of the Association, and shall be entitled to all benefits and subject to all obligations of a member, including, but not limited to, the right to vote in Association elections and the obligation to pay assessments as set forth herein. If Declarant elects to withdraw undeveloped property from this Declaration, such withdrawn property shall no longer have any membership rights in the Association or hereunder.

 

Section 9.4 No Requirement to Add. Nothing contained in this Declaration shall be construed to require the Declarant to subject additional properties to this Declaration.

 

Section 9.5 Control. Declarant shall have and hereby reserves as a Development Right for itself, its successors, and assigns, an easement for the right, during the Declarant Control Period and any period thereafter in which Declarant is a Unit Owner, to utilize the Common Elements for its business uses and purposes, including, but not limited to, uses and purposes related to the construction, promotion, sale and development of Northpoint at Maple Centre. If additional properties are subjected to this Declaration pursuant to this Article 9, Declarant shall have an easement as described in this Section 9.5 on the Common Elements located therein. Upon termination of the Declarant Control Period, Declarant's easement shall automatically terminate except as to Units for which Declarant owns. Control and the management and administration of the Common Elements shall vest in the Association at the end of the Declarant Control Period subject to the Declarant's aforementioned rights of use.

 

Section 9.6 Dedication to Governmental Entities. Until the termination of the Declarant control Period, Declarant reserves as a Development Right the right to withdraw any undeveloped part of the Property from this Declaration and to dedicate, transfer or convey it to any state, county, municipal or other governmental entity any such part of the Property or reserve it for Declarant's use and/or sale. The rights reserved by Declarant in this Section 9.6 shall be exercised by Declarant at Declarant's sole discretion.