| upon which a Building as defined above has or may hereafter be constructed, provided that such Building Site(s) shall first be approved by the Town of Windsor and the committee. 9. Common Elements. "Common Elements" shall mean and refer to all property (including the improvements thereto), herein also referred to as "Common Area", owned by the Association for the common use and enjoyment of the Owners. 10. Common Expense Assessments. "Common Expense Assessments" means all Assessments made for Common Expenses on the Common Area or Easement Areas on individual Lots. 11. Declarant. "Declarant" means Windsor Investments, Ltd., a Wyoming Limited liability company and its successors and assigns. A person or entity shall be deemed a successor and assign of Windsor Investments, Ltd. as Declarant under this Declaration, only if specifically so designated in a duly recorded written instrument and then only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in such written instrument. 12. Declaration. "Declaration" means this Declaration of Covenants, Conditions and Restrictions for Ptarmigan Business Park P.U.D. and any plat or map of the Property or any part thereof and any amendments or supplements to such documents. 13. Easement Area(s). "Easement Area(s)" shall mean and refer to the nonexclusive easements or crosseasements, as appropriate, for (i) ingress and egress by vehicular and pedestrian traffic, vehicular parking and bicycle parking; (ii) maintenance of lawns, ground cover, shrubbery, trees, flowers and other plant materials, together with irrigation sprinkler systems associated therewith; and (iii) water drainage systems or structures, water mains, sewers, water sprinkler lines, telephone or electrical conduit or systems, gas mains and other public utilities and service easements, all as more fully provided in Article XI hereinafter. 14. Executive Board. "Executive Board" means the Association's Board of Directors. 15. Fines. "Fines" means any monetary penalty imposed by the Executive Board against a Unit Owner because of a violation of this Declaration, the Articles of Incorporation of the Association, its Bylaws or the Rules and Regulations by such Unit Owner, or a tenant or guest of the Unit Owner. 16. Improvement(s). "Improvement(s)" shall mean and refer to, but not be limited to, Buildings, driveways, exterior lights, landscaping, loading areas, parking areas, retaining walls, utilities, walkways, landscape islands, exterior artwork or displays, exterior furnishings, freestanding monument signs, and similar amenities and features now or hereafter located within the Property. 17. Landscaping. "Landscaping" shall mean and refer to a space of ground covered with lawn, ground cover, shrubbery, trees, flowers and other plant material which may be complimented with earth berms, masonry, rock or bark mulch or other ground cover and other similar landscaping 3 |