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SR-402-002 (33) e e tflis Declaration which are in default. The Association hereby confers on each Owner the authority to collect and retain the rents and other monies derived from any such lease or agreement as they become due and payable, provided that the Association at its sole discretion, may revoke such authority at any time, upon written notice to the Owner of a default in the payment of any Assessment due hereunder. Upon revocation of such authority the Association may, pursuant to court order or by court-appointed receiver, collect and retain such monies, whether past due and unpaid or current. The Association's rights under this Section 13 shall be subordinate to the rights of any first Mortgage. I Section 14. JWaiver of Exemptions. Each Owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article IV, the benefit of any Homestead or exemption law of California in effect at the time of any Assessment or installment thereof becomes delinquent or any lien is imposed against the Owner's Condominium. IV-13 ~. 147 Article V Architectural Committee ~. Section 1. Improvements in General; Establishment of Architectural Committee. No "'mprovement" (as defined in Article I, Section 18) of any kind shall be commenced, erected o maintained within the properties, nor shall any exterior addition to or change or alteration be made in or to any unit or Common Facility structure containing Units or to any Exclusive Use Common Area until the plans and specifications showing the nature, color, kind, shape, height (including front, side and rear elevations), materials, and location of the same shall have been submitted to and approved in writing by the Association I s Architectural Committee ~ to quality of workmanship and materials, harmony of external design and location in r~lation to surrounding structures, setback lines, topography and finish grade elevation. Section 2. Appointment of Architectural Committee. The Board of Directors shall a~point an Architectural Committee composed of not less than three nor more than five ~embers. Committee members appointed shall be from the membership of the Association. ~I majority of the Architectural Committee may designate a representative to act on its behalf. Members of the Committee shall serve for a term of one year. In the event of the death or resignation of any member of the Architectural Committee, a successor shall be appointed by the Board. Neither the members of the committee nor its designated representatives shall be eJtitled to any compensation for services performed pursuant hereto. . The subdivider may reserve to himself the power to appoint a majority of the members o the committee until 90 % of all the subdivision interests iu the overall development have bceen sold or until the fifth anniversary of the original issuance of the Final Public Report for the subdivision, whichever occurs first. Member appointed to the Committee by the S~divider need not be members of the Association. After one year from the date of issuance of the original public report the governing b y of the Association shall have the power to appoint one member to the Architectural Control Committee until 90% of all of the subdivision interests in the overall development have been sold or until the fifth anniversary date of the original issuance of the Final Public Report, whichever first occurs. Thereafter the governing body of the Association shall have t~e power to appoint all of the members of the Architectural Control Committee. Section 3. Submission of Plans; Action by Board or Committee. Plans and specifications for the proposed Improvement shall be submitted to the Architectural Committee by personal delivery or certified mail to the secretary of the Association or the chairman of the Architectural Committee. In the event the Committee fails to approve or disapprove such design and location with 45 days after said plans and specifications have been submitted to it, tne request shall be deemed to have been approved. Approval of the Committee can contain conditions or requests for modification of particular aspects of the Owner's plan and specifications. V-I .~. C'J48 J Section 4. Architectural Rules. The Architectural Committee may, subject to review ,y the Board of Directors, from time to time adopt, amend and repeal rules and regulations to ~e known as "Architectural Rules". Said rules shall interpret and implement the provisions of this Declaration by setting forth the standards and procedures for the review and approval of proposed Improvements and guidelines for architectural design, placement of any work of Improvement or color schemes, exterior finishes and materials and similar features which are recommended for use within the Property, provided that said rules shall not be in derogation of ~e minimum stand~ds required by this Declaration. In the event of any conflict between the ~rchitectural Rules and this Declaration, the Declaration shall prevail. . Section 5. Variances. The Architectural Committee shall be entitled to allow reasonable variances with respect to this Article V or any restrictions specified in Article VI in <vder to overcome practical difficulties, avoid unnecessary expense or prevent unnecessary ~dships, provided that the following conditions are met: . (a) If the requested variance will necessitate deviation from, or modification of, a property use restriction that would otherwise apply under this Declaration, the Committee must conduct a hearing on the proposed variance after giving at least 10 days' prior written notice to tl/te Board and to all Owners of Units within 100 feet of the property for which the variance applies. The owners receiving notice of the proposed variance shall have 30 days in which to sllbmit to the Board or Committee written comments or objections with respect to the variance. No decision shall be made with respect to the proposed variance until the 30 day comment *riod has expired. . (b) The Committee must make a good faith determination that (i) the requested ~ance does not constitute a material deviation from the overall plan and scheme of development within the Property or from any restriction contained herein or that the proposal allows the objectives of the violated requirement(s) to be substantially achieved despite npncompliance; or (ii) the variance relates to a requirement hereunder that it is unnecessary or b~rdensome under the circumstances; or (iii) the variance, if granted, will not result in a ~aterial ~etriment, or create an unreasonable nuisance, with respect to any other Unit, <fommon Area or Owner within the Property. I Section 6. Estoppel Certificate. Within 30 days after written demand is delivered to the Architectural Committee by any Owner, and upon payment to the Association of a r~sonable fee (as fixed from time to time by the Board), the Committee shall execute an e~toppel certificate, executed by any two of its members, certifying (with respect to any Unit qwned by the application Owner) that as of the date thereof, either (i) all Improvements made aPd other work completed by said Owner with respect to the Unit comply with this ~eclaration; or (ii) that such Improvements to work do not so comply, in which event the cbrtificate shall also identify the noncomplying Improvements or work and set forth with particularity the bases of such noncompliance. Any purchaser from the Owner, or anyone V-2 ua. lJ149 . . deriving any interest in said Unit through the Owner, shall be entitled to rely on said certificate 'Yith respect to the matters therein set forth, such matters being conclusive as between the Association, all Owners and any persons deriving any interest through them. V-3 !:t* 1,..150 Article VI Use of Property and Restrictions ~ In addition to the restrictions established by law or Association Rules promulgated by e Board of Directors (consistent with this Declaration), the following restrictions are hereby mposed upon the use of Condominium Units, Common Areas and other parcels within the Property. Section 1. Single Family Residential Use. The use of the Units within the Property is ereby restricted to Single Family Residential Use, as defined in Article I, Section 26 hereof. n no event shall a Residence be occupied by more individuals than permitted by applicable oning laws or governmental regulations. An Owner is permitted to lease or rent his or her nit, subject to the provisions of Article II, Section 4 ("Delegation or Use") of this eclaration. I Section 2. Conveyance of Condominiums. Each Condominium shall be conveyed as a eparately designated and legally described fee simple estate subject to this Declaration. Section 3. Interior Improvements. No owner shall at his or her expense or otherwise ake any alterations or modifications to the exterior or the buildings, fences or railings ontaining the Owner's Unit without the prior written consent of the Association or the rchitectural Committee, if any. Furthermore, no structural alterations to the interior of or ommon Area surrounding any Unit shall be made and no plumbing or electrical work within y bearing or common walls shall be performed by any Owner without prior written consent f the Association or the Architectural Committee, if any. Under no circumstances shall any wner undertake any activity or work with respect to the Owner's Unit that will impair the tructural soundness or integrity of another Unit or impair any easement or hereditament, or do y act or allow any condition to exist in or around the Owner's Unit which will adversely affect any other Units or their occupants. t Section 4. Common Areas. The Common Areas, other than Exclusive Use Common reas, shall be preserved as open space and used for recreational purposes and other purposes ncidental and ancillary to the use of lots. Such use shall be limited to the private use for esthetic and recreational purposes by the Association's Members, their tenants, families and guests, subject to the provisions of the Governing Documents. No Improvement, excavation or work which in any way alters any Common Area or Common Facility from its natural or !Xisting state on the date such Common Area or Common Facility shall be made or done xcept by the Association and then only in strict compliance with the provisions of this eclaration. Each Owner shall be liable to the remaining Owners for any damage to the ommon Area and Common Facilities that may be sustained by reason of the negligence of VI-l i.~" {j151 that Owner, that Owner's family members, tenants, guests, or invitees, but only to the extent ~at any such damage is not covered by casualty insurance in favor of the Association. Each Owner, by acceptance of his or her deed, agrees personally and for family embers, tenants, guests, and invitees, to indemnify each and every other Owner, and to hold such Owner(s) harmless from, and to defend him against, any claim of any person for personal injury or property damages occurring within the Unit of that particular Owner, including the It:xclusive Use Common Area, if any, except to the extent (i) that such injury or damage is qovered by liability insurance in favor of the Association or other Owner or (ii) the injury or damage occurred by reason of the willful or negligent act or omission of the Association or other Owner or other person temporarily visiting his or her Unit. ~ Section 5. Prohibition of Noxious Activities. No illegal, noxious or offensive ctivities shall be carried out or conducted within any Unit or Common Area nor shall ything be done within the Property which is or could become an unreasonable annoyance or nuisance to neighboring property Owners. Without limiting the foregoing, no Owner shall permit noise, including but not limited to barking dogs, the operating of excessively noisy air conditioners, stereo amplifier systems, television systems, motor vehicles or power tools, to emanate from an Owner's Unit or from activities within the Common Area, which would unreasonably disturb any other Owner or tenant's enjoyment of his or her Unit or from activities within the Common Area, which would unreasonably disturb any other Owner's or tenant's enjoyment of his or her Unit or the Common Area. I Section 6. Household Pets. The following restrictions regarding the care and titaintenance of pets within the Property shall be observed by each Owner and resident: f, (a) No more than two common household pets may be kept within an Owner's Unit so 1 ng as the same are not kept, bred or maintained for commercial purposes. No other animals, 1 vestock, or poultry of any kind shall be kept, bred or raised within any Unit. I (b) Dogs shall be allowed on the Common Area only when they are leashed and are dtherwise under the supervision and restraint of their Owners. i (c) No Household pet shall be left chained or otherwise tethered in front of a ondominium Unit or in the Common Area. Pet owners shall be responsible for the prompt isposal of pet wastes deposited by their pets in the Common area or balconies in fenced yard areas adjacent to the Owner's Unit. I (d) Each person bringing or keeping a pet on the Property shall be solely responsible fur the conduct of the Owner's pets. The Association, its Board, officers, employees and agents shall have no liability (whether by virtue of this Declaration or otherwise) to any <l>wners, their family members, guests, invitees, and tenants for any damage or injury to persons or property caused by any pet. VI-2 ...a- (J152 ~I (e) The Board of Directors shall have the right to establish and enforce additional rules . d regulations imposing standards for the reasonable control an~ keeping ~f household pets 1 , upon and around the Property to ensure that the same do not mterfere WIth the quiet and peaceful enjoyment of the Property by the other Owners and residents. f' Section 7. Signs. No advertising signs or billboards shall be displayed on any building ontaining Units or posted within or upon any portion of the Common Area except that wners may post in the windows of their Units any signs required by legal proceedings and a ingle "For Rent" , j'For Lease" or "For Sale" sign of reasonable dimensions. A-frame or other directional signs of real estate brokers advertising Units for sale or lease shall only be allowed within the Common Area or roadways within the Property in strict compliance with ~pplicable Association Rules. I Section 8. Business Activities. No business or commercial activities of any kind whatsoever shall be conducted in any Unit or garage without the prior written approval of the l!3oard, provided that the foregoing restriction shall not apply to the activities, signs or activities of the Association in the discharge of its responsibilities under the Governing Documents. Furthermore, no restrictions contained in this Section 8 shall be construed in such a manner so as to prohibit any Owner from (a) maintaining his or her personal library in his or her Unit, (b) keeping his or her personal business records or accounts therein, (c) handling his J. r her personal or professional telephone calls or correspondence therefrom , (d) leasing or Jenting his or her Unit, or (e) conducting any other activities within the Owner's Unit otherwise compatible with residential use and the provisions of this Declaration which are permitted under applicable zoning laws or regulations without the necessity of first obtaining a special use permit or specific governmental authorization. The uses described in (a) through (e), above, are expressly declared to be customarily incidental to the principal residential use of the Unit and not in violation of this Section 8. I Section 9. Garbage. No rubbish, trash, or garbage shall be allowed to accumulate <i>>utside <?f any Unit. Any trash that is accumulated by an Owner outside the interior walls of a Unit shall be stored entirely within appropriate covered disposal containers and facilities located within designated garbage areas within the Common Areas. Any extraordinary accumulation of rubbish, trash, garbage or debris (such as debris generated upon vacating of premises or during the construction of modifications and improvements) shall be removed from the Property to a public dump or trash collection area by the Owner or tenant at his or her expense. The Association shall be entitled to impose reasonable fines and penalties for the collection of garbage and refuse disposed in a manner inconsistent with this Section. I Section 10. Storage. Storage of personal property within any Unit shall be entirely ~ithin enclosed storage areas. There shall be no woodpiles nor storage piles accumulated on ~op, or outside, of any enclosed storage area. VI-3 ItOt L153 Section 11. Clotheslines. No exterior clothesline shall be erected or maintained and t'ere shall be no drying or laundering of clothes on the balcony of any Unit in a manner which is visible from any neighboring Unit or the Common Area. LL.. Section 12. Antennas and Similar Devices. No television antenna, satellite dish, radio, or other electronic antenna device of any t , or other electronic broadcasting and receiving device shall hereafter be erected, constructed, placed or permitted to remain on the exterior of any building within the Property urless there is compliance with each of the following: (a) The antenna, satellite dish, or other electronic broadcasting or receiving d~vice, has a diameter of thirty-six (36) inches or less; and (b) The Owner, resident or lessee has made written application for and has o tained the approval of the Architectural Committee for the installation of such device. The application for approval shall be processed by the Architectural Committee in the ~me manner as an application for approval of an architectural modification to the property (see Article V). As a condition for approval, Owner must agree to be responsible for the maintenance, repair or replacement of roofs or other building components impacted by the installation, and the installers of the antenna, satellite dish, or other device must agree to i1demnifY or reimburse the Association or its Members for loss or damage caused by the i stallation, maintenance, or use of such device. No activity shall be conducted within any Unit which causes an unreasonable broadcast i terference with television or radio reception on any neighboring Unit. The location of common antennas or connection facilities for any cable television system serving more than ohe Unit shall be as designated by the Association or the Architectural Committee, if any, and each Unit and its Owner shall be subject to the right of other Owners or the Association to install, use, and maintain such common antennas or cable television facilities. Section 13. Burning. There shall be no exterior fires whatsoever except barbecue fires lc>cated only on the exclusive use common area of the Owner's Unit and contained within rtceptacl~ designed for such purpose. I Section 14. Basketball Standards. No basketball standards or fixed sports apparatus shall be permitted within the Property without the express approval of the Association. VI-4 ~. U154 . J Section 15. Machinery and Equipment. No machinery or equipment of any kind shall e placed, operated or maintained upon or adjacent to any Unit except such machinery or €fIuipment as is usual or customary in connection with the use, maintenance or repair of a ~rivate Unit or appurtenant structures within the Property. II > Section 16. Disease and Pests. No Owner shall permit any thing or condition to exist in his or her Unit, which shall induce, breed, or harbor infectious plant diseases, rodents or noxious insects. I Section 17 J Parking and Vehicle Restrictions. The following parking and vehicle rFstrictions shall apply within the Property: I (a) Unless otherwise permitted by the Association, no vehicle or trailer shall be Parked or left within the Property other than within a garage or in designated guest parking aireas. ~ (b) Except as otherwise provided in subparagraph (f), below, only the following hicles ("authorized vehicles") shall be permitted to be parked by an Owner or resident within e Property: standard passenger vehicles, including bronco or blazer type trucks, and trucks hich do not exceed three-quarter tons in gross weight. Boats, trailers, campers, recreational vehicles, commercial vehicles and trucks in excess of three-quarter tons in gross weight are not "authorized vehicles" and shall only be permitted within the Property as provided in subparagraph (f), below. I (c) All driveways and garages shall be maintained in a neat and orderly condition and gbge doors shall be maintained in closed condition except as necessary to permit ingress and egress of authorized vehicles or to clean or work in the garage. The garages are to be used for the parking of standard authorized vehicles, boats or similar items for storage purposes and shall not be converted to living quarters or work shops or used for the storage of boats, trailers, campers or recreation vehicles in a way which will preclude the parking of the Owner's or occupant's authorized vehicles within the garage. I (d) Designated guest parking areas within the Common Areas are to remain open for u~e by guests only and are not to be used by Owners or other residents, either permanently or temporarily, for the parking of their authorized vehicles or the storage of boats, trailers or similar items of personal property, unless authorized by the Association. ~ (e) No motor vehicle shall be constructed, reconstructed or repaired within the roperty and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an e gine, shall be stored on the Property; provided, however, that the provisions of this Section s all not apply to emergency vehicle repairs. VI-5 ;,,~ 0155 e , (t) Campers, boats, trailers, motorcycles, commercial vehicles and trucks in excess of ~hree-quarter tons are not to be parked within the Property, other than within enclosed garages ~xcept for periods not to exceed two hours for the purpose of loading and unloading. I Personal property other than authorized vehicles shall not be stored in garages if such $torage will necessitate or result in the parking of vehicles on streets within the Property. parking by commercial vehicles for the purpose of making deliveries or service calls shall be permitted in accordance with the Association Rules. (g) The &>ard shall have the authority to tow or restrain by use of devices such as the "Denver Boot", at the Owner's expense, any vehicle parked or stored in violation of this ~ection. The Board shall post such notices or signs within the Common Area as may be required by law to effectuate this towing provision. I (h) The Board shall have the authority to promulgate further reasonable rules and restrictions of uniform application regarding parking and vehicles within the properties as may be deemed prudent and appropriate. I Section 18. Use of Private Streets and/or Drives in Common Area. Private streets ~d/or drives within the properties shall not be used for recreational purposes, including l'joyriding" or racing. Motorcycles, mopeds, and cars shall be allowed on such private streets ~n1y for ingress and egress. b Section 19. Children. Each Owner and resident shall be accountable to the remaining . wners and residents, their families, visitors, guests and invitees, for the conduct and behavior i>f their children and any children temporarily residing in or visiting the Owner and for any property damage caused by such children. ~ Section 20. Activities Affecting Insurance. Nothing shall be done or kept within any nit or within the Common Area which will increase the rate of insurance relating thereto on y policy maintained by the Association (see Article IX, below) without the prior written ~onsent of the Association and no Owner shall permit anything to be done or kept within his or ~er Unit or within the Common Area which would cause any Improvements to be uninsurable *gainst loss by fire or casualty or result in the cancellation of insurance on any Unit or any part of the Common Area. t Section 21. Variances. Upon application by any Owner, the Architectural Committee hall be authorized and empowered to grant reasonable variances from the property use estrictions set forth in this Article VI, if specific application of the restriction will, in the sole ~iscretion of the Board, either cause an undue hardship to the affected Owner or fail to further (>r preserve the common plan and scheme of development contemplated by this Declaration. VI-6 ~. J 56 In considering and acting upon any request for a variance, the Committee shall follow the procedures set forth in Article V, Section 5 for the granting of architectural variances. Section 22. Enforcement of Property Use Restrictions. The objective of this Declaration shall be to promote and seek voluntary compliance by Owners and tenants with the environmental standards and property use restrictions contained herein. Accordingly, in the event that the Association becomes aware of an architectural or property use infraction that does not necessitate immediate corrective action under Article V, Section 6, hereof, the Owner or Tenant responsible for the violation shall receive written notice thereof and shall be given a reasonable opportuility to comply voluntarily with the pertinent Governing Document provision(s). Such notice shall describe the noncomplying condition, request that the Owner or tenant correct the condition within a reasonable time specified in the notice, and advise the Owner or tenant of his or her appeal rights. VI-7 ~. 151 Article VII Maintenance Responsibilities I Section 1. . Common Area. The Association shall be solely responsible for all maintenance, repair, upkeep and replacement within the Common Area. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any Improvement upon, or shall create any excavation or fill or change the natural or existing drainage o~ any portion of the Common Area. In addition, no person shall remove C$y tree, shrub or other vegetation from, or plant any tree, shrub, or other vegetation upon the qommon Area without express approval of the Association. t Section 2. Association Maintenance Responsibility With Respect to Unit I provements. The Association shall provide exterior maintenance upon each Unit which is s bject to Assessment hereunder, as follows: ! (a) Paint, stain, repair, replace and care for the exterior building surfaces of all Units mcluding roofs, gutters, fences, downspouts and exterior walls, provided that the Association shall not be responsible for the repair and replacement of exterior doors, screen doors, and garage doors; * (b) Replace and care for trees, shrubs, grass, walks, and other landscaping I provements up to the exterior walls of the Owner's Unit, except for plantings and I provements located in exclusive use common areas, if any. (c) Maintain the underground sewer, water and electrical lines, whether located within the boundaries of the Owner's Unit or under the Common Area, but the Association shall not be responsible for the risers and connecting lines between such service lines and the individual Qnits. ~ Toe standards of landscaping, the selection and replacement of plant materials and the s dards for exterior structural maintenance by the Association hereunder shall be determined b the Board of Directors. Section 3. Owner Maintenance Responsibilities. ~ (a) Each Owner of a Condominium shall be responsible for maintaining his or her it, including the equipment and fixtures in the Unit and the interior walls, ceilings, 'ndows and doors of the owned Unit in a clean, sanitary, workable, and attractive condition, owever, each Owner has complete discretion as to the choice of furniture, furnishings, and interior decorating, except that windows can be covered only by drapes, shutters, or shades ~d cannot be painted or covered by foil, cardboard, or other similar materials. Each Owner VII-l ~. \.158 also shall be responsible for repair, replacement, and cleaning of the windows and glass of his or her Unit, both exterior and interior. I (b) Except as otherwise provided herein, each owner shall be responsible for cleaning, ~aintaining and repairing the Exclusive Use Common Areas appurtenant to his or her Unit. Section 4. Recovery of Costs of Certain Repairs and Maintenance. (a) In the event that the need for maintenance or repair, which would otherwise be the ","ssociation's respoAsibility hereunder is caused through the willful or negligent acts of an Owner, his or her family, guests, tenants, or invitees, and is not covered or paid for by Association insurance policies or any liability insurance maintained by the responsible Owner, the cost of such maintenance or repairs shall be subject to recovery by the Association through the imposition of a Special Individual Assessment against the offending Owner in accordance with Article IV, Section 4 hereof. I (b) In the event that an Owner fails to perform maintenance functions for which he or s~e is responsible, the Association may give written notice to the offending Owner with a r~uest to correct the failure within 15 days after receipt thereof. If the Owner refuses or fails t<j> perform any necessary repair or maintenance, the Association may exercise its rights under Article III, Section 6(b) to enter the Owner's Unit and perform the repair or maintenance so l<j>ng as the Owner has been given notice and the opportunity for a hearing in accordance with Article XIV, Section 6, hereof. I Section 5. Cooperative Maintenance Obligation. To the extent necessary or desirable t(i) accomplish the Association's maintenance obligations hereunder, individual Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work. VII - 2 ~- \,.J59 Article VIII Easements I Section 1. Encroachment Easements. If any portion of the Common Area encroaches 6n any Unit or if any portion of a Unit encroaches on the Common Area regardless of the cause, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and all Units and the Common Area are made subject to such easements. If any structure containing a Unit is partially or totally destroyed and then rebuilt and any encroachment on the Common Area results, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and all Units and the Common Area are made slubject to such easements. Section 2. Blanket Utility Easement. There is hereby created a blanket easement upon, across, over and under all of the Property for ingress, egress, installation, replacing, rppairing and maintaining all utilities, including but not limited to water, sewers, gas, t~lephones, drainage and electricity and the master television antenna or cable television s~stem. By virtue of this easement, it shall be expressly permissible for the providing utility cpmpany to erect and maintain the necessary equipment and underground facilities on the qommon Area. Notwithstanding the foregoing, no sewer, electrical lines, water lines, or dther utilities may be installed or relocated on the Property except as initially designed and approved by the Declarant or thereafter approved by the Association's Board of Directors. 'the easements provided for in this Section 2 shall in no way effect any other recorded easement on the Property. Section 3. Maintenance Easements. An easement is hereby granted to the Association, its officers, agents, employees, and to any management company selected by the Association ~enter in or to cross over the Common Area and any Unit, Common Area, or Common acilities, provided that any entry by the Association or its agents into any Unit shall only be dertaken in strict compliance with Article III, Section 6(b). ~ Section 4. Other Easements. Each Unit, its Owner, and the Association as to the ommon Area, are hereby declared to be subject to all the easements, dedications and rights- -way granted or reserved in, on, over and under the Property and each Unit and Common Area as shown on the Subdivision Map. ; Section 5. Priority of Easements. Wherever easements granted to the County are, in hole or in part, coterminous with any other easements, the easements of the County shall h ve and are hereby granted priority over said other easements in all respects. VIII - ,,~ l\i ,; 1 6 0 Article IX Insurance Section 1. Types of Insurance Coverage. The Association shall purchase, obtain and aintain, with the premiums therefor being paid out of Common Funds, the following types of nsurance, if and to the extent such insurance, with the coverages described below, is available t a reasonable premium cost. (a) Fire and Casualty Insurance. The Association shall obtain and maintain a master r blanket policy of fire and casualty insurance, for the full insurable value of all the buildings ontaining Units within the Property and on any Common Facilities. The insurance shall be ept in full force and effect at all times and the full replacement value of the insured property hall be redetermined on an annual basis. Depending on the nature of the insured property and he requirements, if any, imposed by institutional Mortgagees having an interest in such property, the policies maintained by the Association pursuant to this Section shall contain an agreed amount endorsement or its equivalent, an increased cost of construction endorsement or a contingent liability from operation of building laws endorsement or the equivalent, an extended coverage endorsement, vandalism, malicious mischief coverage, a special form endorsement and a clause to permit cash settlements for full insurable value in case of partial destruction. The policies required hereunder shall provide amounts or coverage as shall be determined by the Board and shall name as insured the Association, all Owners and all Mortgagees as their respective interests may appear. The policies may contain a loss payable ~ndorsement in favor of the trustee described in Section 5 below. , (b) Public Liability and Property Damage Insurance. To the extent such insurance is reasonably obtainable, the Association shall obtain and maintain a policy of comprehensive public liability and property damage insurance naming as parties insured the Association, each member of the Association Board of Directors, any manager, the Owners and occupants of Units, and such other persons as the Board may determine. The policy will insure each named farty against any liability incident to the ownership and use of the Common Area and any ther Association-owned or maintained real or personal property and including, if obtainable, cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. Pursuant to Civil Code Section 1365.9, the limits of such insurance shall not be less than $2 million for projects of 100 units or fewer ($3 million for projects of more ~han 100) covering all claims for death, personal injury and property damage arising out of a $ingle occurrence. Such insurance shall include coverage against water damage liability, ~iability for non-owned and hired automobiles, liability for property of others and any other iability or risk customarily covered with respect to projects similar in construction, location d use. (c) Directors and Officers Liability Insurance. Pursuant to Civil Code Section 1365.7, he Association must carry an insurance policy of not less than $500,000 for individual liability <j)f officers and directors of the Association for negligent acts or omissions in that capacity. IX-l i!fW 0161 e . . (d) Additional Insurance and Bonds. To the extent such insurance is reasonably !obtainable, the Association may also purchase with Common Funds such additional insurance ,and bonds as it may, from time to time, determine to be necessary or desirable, including, without limiting the generality of this Section, earthquake insurance, demolition insurance, flood insurance, and workers' compensation insurance. The Board shall also purchase and maintain fidelity bonds or insurance in an amount not less than 100 percent of each year's estimated annual operating expenses and reserves and shall contain an endorsement of any person who may serve without compensation. The Board shall purchase and maintain such insurance on personal property owned by the Association and any other insurance that it deems necessary or desirable or that is required by any institutional First Mortgagee. (e) Fidelity Bond. A fidelity bond that insures the Association for the estimated maximum amount (or at least three months aggregate assessments on all Units and reserve funds) that could be affected by the dishonest act of any Member of the Association or Board, managing agent, employee, or Occupant, who handles funds for the Owners' benefit is mandatory, regardless of the number of Units, for a Property with loans by the Department of Veterans Affairs and/or FHA. (t) The Association shall, upon issuance or renewal of insurance, but no less than annually, notify the Owners as to the amount and type of insurance carried by the Association, and it shall accompany this notification with statements to the effect that the Association is or is not insured to the levels specified by this Section, and that if not so insured, Owners may be individually liable for the entire amount of a judgment, and if the Association is insured to the levels specified in this Section, then Owners may be individually liable only for their proportional share of assessments levied to pay the amount of any judgment which exceeds the limits of the Association's insurance. Section 2. Coverage Not Available. In the event any insurance policy, or any endorsement thereof, required by Section I is for any reason not available, then the Association shall obtain such other or substitute policy or endorsement as may be available which provides, as nearly as possible, the coverage described above. The Board shall notify the Owners of any material adverse changes in the Association I s insurance coverage. Section 3. Notification. Upon issuance or renewal of insurance, but in any event not 1ess than annually, Associations are required to notify all members of: (a) The amount and types of insurance carried by the Association, and i (b) Whether or not the Association is insured to the minimum levels required for ~iability insurance by Civil Code Section 1365.9, and ! (1) that if not so insured, members may be individually liable for the entire rount of a judgment resulting from injury or property damage in the Common area, or (2) that if so insured then members may be individually liable only for their proportionate share of assessments levied to pay the amount of any judgment which exceeds the limits of the Association I s insurance coverage. IX-2 ~w 0162 (c) A summary of the association's general liability policy that states all of the following: (1) The name of the insurer. (2) The policy limits of the insurance. (3) If an insurance agent, as defined in Section 1621 of the Insurance Code, an insurance broker, as defined in Section 1623 of the Insurance Code, or an agent of an insurance agent or insurance broker has assisted the association in the development of the general liability policy limits and if the recommendation of the insurance agent or insurance liroker were follo\yed. (4) The insurance deductibles. (5) The person or entity that is responsible for paying the insurance deductible in the event of loss. (6) Whether or not the insurance coverage extends to the real property improvements to the separate interest. (d) A summary of the association's earthquake and flood insurance policy, if one has been issued, that states all of the following: (1) The name of the insurer. (2) The policy limits of the insurance. (3) The insurance deductibles. (4) The person or entity that is responsible for paying the insurance deductible in the event of loss. (e) A summary of the liability coverage policy for the director and officers of the association that lists all of the following: (1) The name Of the insurer. (2) The limits of the insurance. (f) Notwithstanding subdivision (c), (d) and (e), the association shall, as soon as reasonably practical, notify its members by first-class mail if any of the policies have been canceled and not immediately replaced. If the association renews any of the policies or a new policy is issued to replace an insurance policy of the association, and where there is no lapse in coverage, the association shall notify its members of that fact in the next available mailing to all members pursuant to Section 5016 of the Corporations Code. (g) To the extent that the information to be disclosed pursuant to subdivision (c), (d), and (e) is specified in the insurance policy declaration page, the association may meet the 'requirements of those subdivisions by making copies of that page and distributing it to all its members. Each owner is strongly advised to seek the advice of a qualified insurance consultant regarding (1) the amount of personal liability insurance coverage that owner should maintain because of the owner's ownership interest in the Common Area and unit, and (2) the availability of loss assessment insurance coverage. IX-3 ,~." ,)163 I Section 4. Individual Fire and Casualty Insurance Limited. Except as provided in this ~ection, no Owner can separately insure his or her Unit or any part of it against loss by fire or pther casualty covered by the Association's blanket insurance carried under this Article IX, ~ection 1 (a). If any Owner violates this provisions, any diminution in insurance proceeds ptherwise payable pursuant to the provisions of Section l(a) that results from the existence of ~uch other insurance will be chargeable to the Owner who acquired such other insurance, and the Owner will be liable to the Association to the extent of any diminution. An Owner can Insure his ur her personal property against loss. In addition, any Improvements made by an bwner within his o,r her Condominium may be separately insured by the Owner, but the Insurance is to be limited to the type and nature of coverage commonly known as "tenant's mprovements." All such insurance that is individually carried must contain a waiver of ~ubrogation rights by the carrier as to other Owners, the Association, and any institutional first Mortgagee of such Condominium. Section 5. Trustee. All insurance proceeds payable under this Article IX, Section may, in the discretion of the Board of Directors, be paid to a trustee to be held and expended or the benefit of the Owners, Mortgagees and others, as their respective interests shall appear. aid trustee shall be a commercial bank or other institution with trust powers within the ounty that agrees in writing to accept such trust. If repair or reconstruction is authorized ursuant to Article XI, below, the Association and any duly appointed trustee shall have the uty to contract for such work as provided in said Article. Section 6. Adjustment of Losses. The Board is appointed attorney-in. fact by each wner to negotiate and agree on the value and extent of any loss under any policy carried ursuant to this Article. The Board is granted full right and authority to compromise and s ttle any claims or enforce any claim by legal action or otherwise and to execute releases in vor of any insured. t Section 7. Distribution to Mortgagees. Subject to the provisions of this Article, any ortgagee has the option to apply insurance proceeds payable on account of a Condominium i reduction of the obligation secured by the Mortgage of such Mortgagee. I Section 8. Owner's Liability Insurance. An Owner may carry whatever personal 1 ability and property damage liability insurance with respect to his or her Condominium that h or she desires. However, any such policy shall include a waiver of subrogation clause a ceptable by the Board and to any institutional First Mortgagee. IX-4 ~it. (;164 Article X Damage or Destruction f. Section 1. Destruction; Proceeds Exceed 85 Percent of the Reconstruction Costs. If here is a total or partial destruction of any Unit or Common Facility Improvements within the roperty, and if the available proceeds of the insurance maintained pursuant to Article IX are ufficient to cover not less than 85 percent of the costs of repair and reconstruction, a vote hall be taken within 90 days from the date of destruction, and improvements shall be rebuilt nly if there is a v6te or written assent of members, constituting a quorum, consisting of a ajority of votes at a meeting or an election in favor of a special assessment. If repair and econstruction is to take place, the Board shall be required to execute, acknowledge and record n the office of the County Recorder, not later than 120 days from the date of such destruction, certificate declaring the intention of the Members to rebuild. Section 2. Destruction; Proceeds Less than 85 Percent of the Reconstruction Costs. f the proceeds of insurance are less than 85 percent of the cost of repair and reconstruction, pair and reconstruction may nevertheless take place, if, within 90 days from the date of estruction, eligible members then holding at least 51 percent of the total voting power etermine that such repair and reconstruction shall take place. If a meeting or written ballot is alled to vote on the matter, the Association shall solicit and obtain bids from at least two eputable contractors to repair and reconstruct the Improvements in accordance with the riginal plans and shall present this information to the Owners at the meeting. If the repair d reconstruction are to take place, the Association shall execute, acknowledge and record in e office of the County Recorder not later than 120 days from the date of destruction a ertificate declaring the intention of the Owners to rebuild. Section 3. Rebuilding Procedures. If the eligible members determine to rebuild, ursuant to Sections 1 or 2, above, the Owners of each Unit located within a structure that has een totally or partially destroyed shall be obligated to contribute his or her proportionate hare of .the cost of reconstruction or restoration of the structure containing his or her Unit ver and above the available insurance proceeds. The Owner's proportionate share of the cost f reconstruction or restoration shall be based upon the ratio that the square footage of the 1 ving area of his or her Unit bears to the total square footage of the living area of all Units. If y Owner fails or refuses to pay his or her proportionate share, the Board may levy a Special ssessment against the Unit of such Owner which may be enforced under the lien provisions ontained in Article IV or in any other manner provided in this Declaration. i If any Owner disputes the amount of his or her proportionate liability under this Section , such Owner may contest the amount of his or her liability by submitting to the Board, ithin 10 days after notice to the Owner of his or her share of ,the liability, written objections upported by cost estimates or other information that the Owner deems to be material and may X-I '>$;* 0165 equest a hearing before the Board at which the Owner may be represented by counsel. ollowing such hearing, the Board shall give written notice of its decision to all Owners, . cluding any recommendation that adjustments be made with respect to the liability of any wners. If such adjustments are recommended, the notice shall set forth a date and time for a pecial meeting of Members for the purpose of acting on the Board's recommendation, including the making further adjustments, if deemed by the Members to be necessary or appropriate. All adjustments shall be affirmed or modified by 51 percent of the total voting ~wer of the eligible Members. If no adjustments are recommended by the Board, the ecision of the Board shall be final and binding on all Owners, including any Owner filing bjections. ; Section 4. Definition of "Eligible Members" Entitled to Vote. For purposes of any ote pursuant to this Article X, the Members eligible to vote shall be (a) fifty-one percent 1 %) of the total voting power of the Association's membership in the case of any damage to r destruction of Common Facilities other than buildings containing Units, and (b) in the case f any damage to or destruction of buildings containing Units, fifty-one percent (51 %) of the otingpower of those members whose Units are located in the damaged or destroyed tructure(s). Any membership vote required hereunder shall be conducted either at a duly onvened meeting at which a quorum is present or by written ballot conducted in accordance ith Article 5 of the Bylaws. Section 5. Rebuilding Contract. If the Eligible Members determine to rebuild, the oard shall reconstruct the damaged or destroyed portions of the Property substantially in ccordance with the original plan. The Board or its authorized representative shall obtain bids om at least three reputable contractors and shall award the repair and reconstruction work to t e lowest bidder that otherwise meets the requirements set forth by the Board or its presentative in soliciting bids. The Board shall have the authority to enter into a written ontract with the contractor for such repair and reconstruction on terms deemed reasonable by t e Board. The insurance proceeds held by the trustee shall be disbursed to the contractor ccording to the terms and conditions of the agreement. It shall be the obligation of the Board t take all steps which are necessary or appropriate to assure the commencement and ompletion of authorized repair and reconstruction at the earliest possible date. t Section 6. Rebuilding Not Authorized. If the Eligible Members determine not to build, then any insurance proceeds then available for rebuilding shall be used or distributed s follows: (a) If, prior to the expiration of 120 days from the date of destruction, 75 percent of I Owners and institutional first Mortgagees with Mortgages encumbering the affected Units ithin the Property consent by vote or in writing, the Board acting on behalf of the ssociation shall have the right to purchase the Units which were rendered uninhabitable by uch damage or destruction, at the fair market value thereof immediately prior to the damage X-2 ~ .. \J 16 6 pr destruction (as determined by an appraiser in accordance with Section 8, below), using the ~vailable proceeds of insurance for such purpose. Any shortage of insurance proceeds shall be tnade up by a Special Assessment levied against all remaining Owners. Any payment of the purchase price shall be made jointly to the selling Owner and all Mortgagees of his or her Unit ~d each Owner by accepting a deed to a Condominium agrees to be bound by these provisions ~d to sell his or her Condominium by grant deed to the Association as provided herein. (b) Notwithstanding the determination of Eligible Members not to rebuild pursuant to ection 1 or 2 of th. is Article, any Units which are not rendered uninhabitable shall be repaired d restored to a cpndition as near as possible to their condition immediately before such ?amage or destruction. Such repair and restoration shall be paid first from the insurance proceeds remaining after purchase of Condominiums pursuant to subparagraph (a), of this Section 6, if any, and second from a Special Assessment levied against all remaining Owners ,n the manner described in Section 4 of this Article. (c) If the required 75 percent of all Owners and institutional first Mortgagees do not onsent to purchase the Condominiums which were rendered uninhabitable, an appraiser shall etermine the relative fair market values of all Condominiums in the Property, as of the date rior to any damage or destruction and the proceeds of insurance shall be apportioned among 1 Owners, and their respective Mortgagees, in proportion to such relative values or in the case of damage to, or destruction of, the Common Area or any Common Facility, to the Owners equally. The Board shall have the duty, within 120 days from the date of destruction, I execute, acknowledge and record in the office of the County Recorder, a certificate eclaring the intention of the Members not to rebuild. On recordation of the certificate, the . ght of any Owner to partition through legal action as described in Article XII shall revive . mmediatel y . Section 7. Minor Repair and Reconstruction. In any case, the Board shall have the uty to repair and reconstruct improvements owned by the Association or improvements it is bligated to repair and maintain, without the consent of Members and irrespective of the mount of available insurance proceeds, in all cases of partial destruction when the estimated ost of repair and reconstruction does not exceed five percent (5 %) of the budgeted gross xpenses of the association for that fiscal year. Any amounts paid by the Board up to and i, eluding the above-referenced amount which are not covered by insurance shall be assessed to e Owners of Condominiums which are damaged upon the basis of the ratio of the square ootage of the floor area of the Condominium to be assessed to the total square footage of the oor area of all Condominiums to be assessed. In the case of damage to Common Facilities hich does not exceed the above-referenced amount, the Owners of all Condominiums shall be ssessed for an equal portion of any uninsured expense. t Section 8. Appraiser. Wherever in this Article, or Article XI (Condemnation) eference is made to a determination of the value or fair market value of one or more ondominiums by an appraiser, this shall mean an appraisal by an independent appraiser X-3 'If .. ,) 1 6 7 e e selected by the Board, who shall be a member of the Society of Real Estate Appraisers (SREA) or other nationally recognized appraiser organization and who shall apply its or such other organization's standards in determining the value or fair market value of each Condominium. The costs of such appraisals shall be paid from the sale or insurance proceeds, as the case may be. X-4 ',llill ." 16R Article XI Condemnation Section 1.. Sale by Unanimous Consent or Taking. If an action for condemnation of lor a portion of the Property is proposed or threatened by any governmental agency having a .ght of eminent domain, then, on unanimous written consent of all Owners and all . stitutional Mortgagees, the Property or a portion thereof may be sold and conveyed to the ondemning authorjty by the Board or its designees acting as the attorney-in-fact of all Owners nder an irrevocabte power of attorney, which each Owner by accepting a deed to a ondominium hereby grants and which shall be coupled with the interest of all other Owners, or a price deemed fair and equitable by the Board. If the requisite number of Owners or . stitutional Mortgagees do not consent to a sale of all or a portion of the Property, and the ondemning authority institutes condemnation proceedings, the court shall fix and determine e condemnation award. Section 2. Distribution and Sales Proceeds of Condemnation Award I (a) Total Sale or Taking. A total sale or taking of the Property means a sale or taking t~at (i) renders more than 50 percent of the Condominiums uninhabitable or (ii) renders the Property as a whole uneconomical as determined by the vote or written consent of 66-2/3 ~ercent of those Owners and their respective institutional Mortgagees whose Condominiums \fill remain habitable after the taking. However, any determination that a sale or taking is tptal must be made before the proceeds from any sale or award are distributed. The proceeds Qf any such total sale or taking of the Property, after payment of all expenses relating to the $Ie or taking, shall be paid to all Owners and to their respective Mortgagees in the proportion tltat the fair market value of each Condominium bears to the fair market value of all ~ondominiums on the Property. ~ (b) Partial Sale or Taking. In the event of a partial sale or taking of the Property, eaning.a sale or taking that is not a total taking, as determined in Section 2(a), above, the roceeds from the sale or taking shall be paid or applied in the following order of priority and y judgments of condemnation shall include the following provisions as part of its terms: , (i) To the payment of expenses of the Association in effecting the sale or to any prevailing party in any condemnation action to whom such expenses are awarded by the court to be paid from the amount awarded; then (ii) To Owners and to their respective Mortgagees, as their interests may appear, of Condominiums of the Property whose Condominiums have been sold or taken, an amount up to the fair market value of such Condominiums as determined by the court in the condemnation proceeding or by an appraiser, less such Owner's XI-l IHfi '...169 e e share of expenses paid pursuant to Section 2(b)(i) (which share shall be in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Condominiums. After such payment, the recipient shall no longer be deemed an Owner. (iii) To any remaining Owner(s) and to his or her Mortgagees, as their interests may appear, whose Condominium has been diminished in value as a result of the sale or taking disproportionate to any diminution in value of all Condominiums, as determined ~y the court in the condemnation proceedings or by an appraiser, an amount up tb the total diminution in value; then (iv) To all remaining Owners and to their respective Mortgagees, as their interests may appear, the balance of the sale proceeds or award in proportion to the ratio that the fair market value of each remaining Owner's Condominium bears to the fair market value of all remaining Owners' Condominiums as of the date immediately prior to commencement of condemnation proceedings, as determined by the court in the condemnation proceeding or by an appraiser. XI-2 1..170 e e Article XII Partition of Common Area . Section I. Suspension or Right or Partition. Except as expressly provided in this Article, an Owner shall have no right to partition or divide his or her ownership of the Gommon Area. Partition of the Common Area can be had on a showing that the conditions to s~ch partition as stated Article X (relating to damage or destruction) or in Article XI (relating to condemnation) or in California Civil Code Section 1359 have been met. Nothing in this Declaration shall prevent partition of a cotenancy in a Condominium. " Section 2. Distribution of Proceeds Upon Partition. Proceeds of property resulting (..om a partition shall be distributed to and among the respective Owners and their Mortgagees as their interests appear in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Owner's Condominiums determined by appraisal as provided in Article XI, but as of a date immediately prior to the event giving rise to the right of Owners to partition the Common Area. Section 3. Power of Attorney. Pursuant to California Civil Code Section 1355 (b) (9) eflch of the Owners irrevocably appoints the Association as attorney-in-fact and irrevocably grants to the Association full power in the name and stead of such Owner to sell the entire ~roject, and to execute deeds and conveyances to it, in one or more transactions, for the benefit of all Owners when partition of the Project may be had under Civil Code Section 1359. and under the circumstances authorizing partition under this Declaration. The power of attorney shall (a) be binding on all Owners, whether they assume the obligations under this Declaration or not; (b) be exercisable by a majority of the Board acting on behalf of the Association, subject to obtaining the prior approval by vote or written consent of 75 percent of ilie Owners and 75 percent of all institutional first Mortgagees; and (c) be exercisable only after recordation with the County Recorder of a certificate executed by those who have power to exercise the power of attorney that the power of attorney is properly exercisable under Civil Code Section 1359. This certificate shall be conclusive evidence of proper exercise in favor of any person relying on it in good faith. XII -1 ..,1.71 , Article XIII Nonseverability of Component Interests Section 1.. Severance Prohibited. An Owner shall not be entitled to sever his or her nit in any Condominium from his or her membership in the Association, and shall not be ntitled to sever his or her Unit or his or her membership from the Owner's undivided interest i the Common Area for any purpose. None of the component interests in a Condominium be severally solj:l, conveyed, encumbered, hypothecated, or otherwise dealt with; and any iolation or attempfed violation of this provision shall be void. Similarly, no Owner can sever y exclusive easement appurtenant to his or her Unit over the Common Area from the wner's condominium, and any attempt to do so shall be void. The suspension of such right f severability will not extend beyond the period set forth in Article XII respecting the uspension of partition. Section 2. Limitation on Interests Conveyed. After the initial sales of the ondominiums, unless otherwise expressly stated, any conveyance of a Unit or any potion of i by an Owner shall be presumed to convey the entire Condominium. However, nothing ontained in this Section 2 shall preclude the Owner of any Condominium from creating an state for life or an estate for years or from creating a cotenancy or joint tenancy in the qwnership of the Condominium with any other person or persons. , XIII- t.. .... ~.' 1 7 2 \ Article XIV Breach and Default Section 1. Remedy at Law Inadequate. Except for the non-payment of any ssessment, it is hereby expressly declared and agreed that the remedy at law to recover amages for the breach, default or violation of any of the covenants, conditions, restrictions, 1 mitations, reservations, grants of easements, rights, rights-of-way, liens, charges or equitable rvitudes contained in the Declaration are inadequate and that the failure of any Owner, t nant, occupant or1user of any Condominium, or any portion of the Common Area or ommon Facilities, to comply with any provision of the Governing Documents may be njoined by appropriate legal proceedings instituted by any Owner, the Association, its officers r Board of Directors, or by their respective successors in interest. t Section 2. Nuisance. Without limiting the generality of the foregoing Section 1, the 11 ult of every act or omission whereby any covenant contained in this Declaration is violated . whole or in part is hereby declared to be a nuisance, and every remedy against nuisance, ether public or private, shall be applicable against every such act or omission. , ~ Section 3. Costs and Attorneys' Fees. In any action brought because of any alleged b each or default of any Owner or other party hereto under this Declaration, the court may a ard to any party in any such action attorneys' fees and other costs as the court deems just d reasonable. Section 4. Cumulative Remedies. The respective rights and remedies provided by this eclaration or by law shall be cumulative, and the exercise of anyone or more of such rights o remedies shall not preclude or affect the exercise, at the same or at different times, of any o her such rights or remedies for the same or any different default or breach or for the same or y different failure of any Owner or others to perform or observe any provision of this qeclaration. Section 5. Failure Not a Waiver. The failure of any Owner, the Board of Directors, t e Association or its officers of agents to enforce any of the covenants, conditions, r strictions, limitations, reservations, grants or easements, rights, rights-of-way, liens, charges o equitable servitudes contained in this Declaration shall not constitute a waiver of the right to e force the same thereafter, nor shall such failure result in or impose any liability upon the Alssociation or the Board, or any of its officers or agents. Section 6. Rights and Remedies of the Association. 1 (a) Rights Generally. In the event of a breach or violation of any Association Rule or of any of the restrictions contained in any Governing Document by an Owner, his or her XIV-l hi Iv. i., 1 7 3 e family, or the Owner's guests, employees, invitees, licensees, or tenants, the Board, for and on behalf of all other Owners, may enforce the obligations of each Owner to obey such ~ules, covenants, or restrictions through the use of such remedies as are deemed appropriate by the Board and available in law or in equity, including but not limited to the hiring of legal counsel, the imposition of fines and monetary penalties, the pursuit of legal action, or the suspension of the Owner's right to use recreational Common Facilities or suspension of the Owner's voting rights as a Member of the Association; provided that the Association's right to undertake disciplinary action against its Members shall be subject to the conditions set forth in this Section 6. The initiation oflegal action shall be subject to Section 7, below. The decision of whether it is appropriate or necessary for the Association to initiate enforcement or disciplinary action in any particular instance shall be within the sole discretion of the 1-ssociation's Board or its duly authorized enforcement committee. If the association declines to take action in any instance, any Owner shall have such rights of enforcement as may exist tly virtue of the California Civil Code Section 1354 or otherwise by law. (b) Schedule of Fines. The Board may implement a schedule of reasonable fines and wnalties for particular offenses that are common or recurring in nature and for which a uniform fine schedule is appropriate (such as fines for late payment of Assessments or illegally Parked vehicles). Once imposed, a fine or penalty may be collected as a Special Assessment. (c) Definition of "Violation." A violation of the Governing Documents shall be defined as a single act or omission occurring on a single day. If the detrimental effect of a ~olation continues for additional days, discipline imposed by the Board may include one component for the violation and, according to the Board's discretion, a per diem component for so long as the detrimental effect continues. Similar violations on different days shall j'llstify cumulative imposition of disciplinary measures. The Association shall take reasonable and prompt action to repair or avoid the continuing damaging effects of a violation or nuisance occurring within the Common Area at the cost of the responsible Owner. (d) Limitations of Disciplinary Rights. '[ (i) Loss of Rights; Forfeitures. The Association shall have no power to cause a forfeiture or abridgment of an Owner's rights to the full use and enjoyment of his or her Qondominium due to the failure by the Owner (or his or her family members, tenants, guests or invitees) to comply with any provision of the Governing Documents or of any duly enacted Association Rule except where the loss or forfeiture is the result of the judgment of a court of competent jurisdiction, a decision arising out of arbitration or a foreclosure or sale under a ~wer of sale for failure of the Owner to pay Assessments levied by the Association, or where the loss or forfeiture is limited to a temporary suspension of an Owner's rights as a Member ofthe Association or the imposition of monetary penalties for failure to pay Assessments or XIV-2 ,..IfJ} 1"174 e . otherwise comply with any Governing Documents so long as the Association's actions satisfy the due process requirements of subparagraph below. J (ii) Monetary Penalties. Monetary penalties imposed by the Association (A) tpr failure of a Member to comply with the Governing Documents, (B) as a means of r~imbursing the Association for costs incurred by the Association in the repair of damage to the Common Area or Common Facilities allegedly caused by a Member, or (C) in bringing the Member and his or her Condominium into compliance with the Governing Documents, may not be characterized nor treated as an Assessment which may become a lien against the Member's Condominium in nonjudicial foreclosure, provided that this limitation shall not apply to charges imposed against an Owner consisting of reasonable late payment penalties to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorney's fees) in the Association's efforts to collect delinquent Assessments. (e) Hearings. No penalty or temporary suspension of rights shall be imposed pursuant to this Article unless the Owner alleged to be in violation is given at least 15 days prior notice of the proposed penalty or temporary suspension and is given an opportunity to be heard before the Board of Directors or appropriate committee established by the Board with respect to the alleged violation(s) at a hearing conducted at least 5 days before the effective date of the proposed disciplinary action. I Notwithstanding the foregoing, under circumstances involving conduct that cJnstitutes (i) an immediate and unreasonable infringement or, or threat to, the safety or quiet el1joyment of neighboring Owners; (ii) a traffic or fire hazard; (iii) a threat of material damage tol, or destruction of, the Common Area or Common Facilities; or (iv) a violation of the Gpveming Documents that is of such a nature that there is no material question regarding the identify of the violator or whether a violation has occurred (such as late payment of Assessments or parking violations), the Board of Directors or its duly authorized agents may ul1dertake immediate corrective or disciplinary action and, upon request of the offending Owner (which request must be received by the Association, in writing, within five days following the Association's disciplinary action), or on its own initiative, conduct a hearing as soon thereafter as reasonably possible. , If the Association acts on its own initiative to schedule a hearing, notice of the d~te, time and location of the hearing shall accompany the notice of disciplinary action. If the accused Owner desires a hearing, a written request therefor shall be delivered to the Association no later than five days following the date when the fine is levied. The hearing shall be held no more than 15 days following the date of the disciplinary action or 15 days following receipt of the accused Owner's request for a hearing, whichever is later. Under such circumstances, any fine or other disciplinary action shall be held in abeyance and shall only become effective if affirmed at the hearing. XIV-3 ~ltoV 175 e I (f) Notices. Any notice required by this Article shall, at a minimum, set forth the date and time for the hearing, a brief description of the action or inaction constituting the alleged violation of the Governing Documents and a reference to the specific Governing Document provision alleged to have been violated. The notice shall be in writing and may be given by any method reasonably calculated to give actual notice, provided that if notice is given by mail it shall be sent by first-class or certified mail sent to the last address of the Member shown on the records of the Association. I (g) Rules Regarding Disciplinary Proceedings. The Board shall be entitled to adopt roles that further efuborate and refine the procedures for conducting disciplinary proceedings. Such rules, when approved and adopted by the Board, shall become a part of the Association Rules. Section 7. Court Actions; Arbitration; Mediation. J (a) Court actions to enforce the Governing Documents may only be initiated on behalf f the Association upon approval of the Board. (b) Before instituting any judicial action, arbitration, or other proceeding arising out of any Owner's failure or alleged failure to comply with any provision of Article II, Section 4 (Delegation of Use), Article V (Architectural Control), or Article VI (Use of Property and Restrictions), the Association or Owner who desires to initiate such action ("Complaining Party") must make a good faith attempt to mediate the dispute pursuant to this paragraph. The Complaining Party shall send the other party (the "Responding Party") written notice of the nature of the dispute, the facts giving rise to its claim and its desire to mediate (the "Mediation Notice"). Should either party commence a judicial action, arbitration, or other proceeding without sending a Mediation Notice, the Responding Party shall be entitled to stay the action and request a Mediation Notice from the Complaining Party. The Mediation Notice shall name a mediator. The Complaining Party shall be obligated to pay any fee to initiate mediation, but the cost of mediation, including any attorney's fees shall ultimately be borne as determined by the parties if the mediation results in a settlement of the dispute. If the Responding Party does not agree with the Complaining Party's choice of a mediator, the parties shall ask that the American Arbitration Association pick a mediator from its panel within ten (10) days from the Responding Party's receipt of the Mediation Notice. Within thirty (30) days after the mediator is chosen, the parties shall schedule and attend a mediation and attempt in good faith to resolve their dispute. If the mediation does not resolve the dispute or if the Responding Party refuses to attend, the dispute shall be submitted to, and conclusively determined by, binding arbitration in accordance with the rules of the American Arbitration Association, provided, however, that nothing contained herein shall prevent any party from seeking injunctive or other provisional relief in order to preserve the status quo of the parties pending resolution of the dispute, and the filing of an action seeking injunctive or other provisional relief shall not be construed as a waiver of that party's arbitration rights. XIV -4 ~*- 0176 - e \ Article XV Protection of Mortgagees Section I. Mortgage Permitted. Any Owner may encumber his Condominium with a Mortgage. Section 2. Subordination. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first Mortgage that encumbers all or a portion of the Project, or any Condominium, made in good faith and for value; and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such Mortgage unless the Mortgagee expressly subordinates its interest, in writing, to such lien. If any Condominium is encumbered by a first Mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in the Declaration for assessments, or installments of assessments, shall not operate to affect or impair the lien of the Mortgage. On foreclosure of the Mortgage, the lien for assessments or the installments that have accrued up to the time of foreclosure shall be subordinate to the lien of the Mortgage, with the foreclosure-purchaser taking title to the Condominium free of the lien for assessments or installments that have accrued up to the time of the foreclosure sale. On taking title to the Condominium the foreclosure-purchaser shall be obligated to pay only assessments or other charges levied or assessed by the Association that became due or payable on or after the foreclosure-purchaser acquired title to the Condominium. The subsequently levied assessments or other charges may include previously unpaid assessments, provided all Owners including the foreclosure-purchaser and his successors and assigns are required to pay their proportionate share as provided in this clause. If the Mortgagee obtains title with a deed in lieu of foreclosure, any Assessment lien will not be extinguished. Section 3. Control of Amendment or Revocation of Project Documents. In addition to the requirements of Article XVIII, and unless a greater percentage is expressly required by this Declaration, the Articles, or the Bylaws, the prior written consent (or deemed consent as provided below in this clause) of first Mortgagees of Condominiums that have at least fifty-one percent (51 %) of the votes of all Condominiums encumbered by first Mortgages shall be required to add or amend any material provisions of the Declaration, the Articles, the Bylaws, the Condominium Plan or the Subdivision Map, which establish, provide for, govern, or regulate any of the following: (i) Voting; (ii) Assessment, collection of assessments, assessment liens or subordination of such liens; XV-l ~. 0177 ~ (iii) Reserves for maintenance, repair and replacement of Common Area or improvements located on it; (iv) Casualty and liability insurance or fidelity bonds; (v) Rights to use the Common Area; (vi) Responsibility for maintenance and repair of Condominiums and Common Area and their improvements; ; (vii) Expansion or contraction of the Project or the addition, annexation, or withdrawal of real property to or from the Project; (viii) Boundaries of any Condominium; (ix) The interests or rights of the Association or Owners in and to the Common Area; (x) The convertibility of Condominiums into Common Area or of Common Area into Condominiums; (xi) The leasing of Condominiums; (xii) Imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer, or otherwise convey his or her Condominium; or (xiii) Any provisions that are for the express benefit of first Mortgagees or insurers or governmental guarantors of first mortgages. I For purposes of this provision, an addition or amendment shall not be considered i]aterial .f it is for the purpose of correcting technical errors, or for clarification only. Any fIrst Mortgagee who receives a written request to consent to additions or amendments requiring consent under this provision who does not deliver or post to the requesting party a negative response within thirty (30) days after such receipt shall be deemed to have consented to such request. ~ Section 4. Restriction on Certain Changes. In addition to the requirements of Article VIII, unless sixty-seven percent (67%) of first Mortgagees of Condominiums have given eir prior written approval, neither the Association nor the Owners shall be entitled: XV-2 t.. ~ 1 7 8 e (i) By act or omission to seek to abandon or terminate the condominium project, except for abandonment provided by statute in case of substantial loss to the units and Common Area; (ii) To change the method of determining the obligations, assessments, dues, or other charges that may be levied against an Owner, or to change the prorata interest or obligations of any condominium for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the prorata share of ownership of each Owner in the Common Area; (Hi) To partition or subdivide any Unit; (iv) By act or omission to seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Association or the Owners shall not be deemed to be a transfer within the meaning of this clause; (v) To use hazard insurance proceeds for losses to units or Common Area improvements in the development or to any other Association property, for other than the repair, replacement, or reconstruction of such improvements or property except as provided by statute in case of substantial loss to the Units or Common Area of the Project. I Section 5. Mortgagee's Right to Examine Books and Records. Institutional first Mortgagees shall have the right to examine the books and records of the Association and the right to require the submission of financial data concerning the Association, including annual a1l1dit reports, budgets, and operating statements as furnished to the Owners. I Section 6. Priority in Distribution of Insurance and Condemnation Proceeds. No qwner, or any other party, shall have priority over any right of institutional first Mortgagees of Condominiums pursuant to their Mortgages in case of a distribution to Owners of insurance I proceeds or condemnation awards for losses to or a taking of Units or Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the development is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected institutional first Mortgagees, naming the Mortgagees as their interests may appear. I Section 7. Status of Amenities. All amenities (such as parking, recreation, and service areas) and Common Area shall be available for use of Owners and all such amenities with respect to which regular or special assessments for maintenance or other uses may be levied including Common Area, shall be owned (i) in fee by the Owners in undivided interests or (ii) XV-3 t~lI!lr L179 e It py the Association free of encumbrances except for any easements granted for public utilities pr for other public purposes consistent with the intended use of such property by the Owners pf by the Association. If the Common Area will be owned by the Association, it shall be transferred to the Association prior to or coincident with the first transfer or conveyance of a Subdivision interest by the subdivider. I Section 8. Default Notice Requirement. If any Owner is in default under any provision of this Declaration or under any provision of the Articles, the Bylaws or the {\ssociation Rules, and the default is not cured within sixty (60) days after written notice to ~at Owner, the Association shall give to the Mortgagee of record of such Owner written Jilotice of such default and of the fact that the sixty (60) day period has expired. Section 9. Payments by Mortgagees. Mortgagees of Condominiums may, jointly or ~verally, pay taxes or other charges which are in default and which mayor have become a <lharge against the Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Area improvements of other insured property of the Association and, upon making any such payments, such Mortgagees shall be owed immediate reimbursement from the Association. This provision shall constitute an agreement by the Association for the express benefit of all Mortgagees and upon request of any Mortgagee the Association shall execute and deliver to s~ch Mortgagee a separate written agreement embodying this provision. Section 10. Effect of Breach of Declaration on Mortgagee. (i) Lien Not Invalidated. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value; but all the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. (ii) Mortgagee Need Not Cure Breach. Any Mortgagee who acquires title to a Condominium by foreclosure or by deed in lieu of foreclosure or assignment in lieu of foreclosure shall not be obligated to cure any breach of this Declaration that is noncurable or of a type that is not practical or feasible to cure. I Section 11. Status of Loan to Facilitate.Resale. Any first Mortgage given to secure a ldan to facilitate the resale of a Condominium after acquisition by foreclosure or by a deed in lieu of foreclosure or by an assignment in lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of Mortgages under this Declaration. Section 12. Right to Appear at Meetings. Because of its financial interest in the Ptoject, any Mortgagee may appear (but cannot vote) at meetings of Owners and the Board to XV-4 '~18 0 e \ draw attention to violations of this Declaration that have not been corrected or that have been made the subject of remedial proceedings or assessments. Section 13. Right to Furnish Information. Any Mortgagee can furnish information to the Board concerning the status of any Mortgage. JI Section 14. Right of First Refusal Inapplicable to Mortgagee. No right of first refusal r similar restriction on the right of an Owner to sell, transfer, or otherwise convey the <l>wner's Condominjum shall be granted to the Association without the written consent of any ltfortgagee of the Condominium. Any right of first refusal or option to purchase a ctondominium that may be granted to the Association (or other person, firm, or entity) shall qot impair the rights of a first Mortgagee (i) to foreclose or take title to a Condominium ~ursuant to the remedies provided in the mortgage; or (ii) to accept a deed (or assignment) in l~eu of foreclosure in the event of default under the mortgage; or (Hi) to sell or lease a qondominium acquired by the Mortgagee. Section 15. Limitation on Term of Management Contract. Any agreement between the Association and Declarant pursuant to which the Declarant agrees to provide services, and any agreement for professional management by a manager shall provide for termination by either party without cause or payment of a termination fee on thirty (30) days' written notice and shall have a maximum contract term of one (1) year, provided that the Association can renew any such contract on a year-to-year basis. If the Project is professionally managed, the Association shall not terminate professional management and assume self-management without the consent of sixty-seven percent (67 %) of the voting rights of each class of Owners, or of all Owners if only one class exists, and of fifty-one percent (51 %) of first Mortgagees. Section 16. Control if Mortgagee Protections Conflict With Other Provisions. In the event of any conflict between any of the provisions of this Article and any other provisions of this Declaration, the provisions of this Article shall control. XV-5 l~ .. 18 1 e e 1. Article XVI Notices I Section 1. . Mailing Addresses. Any communication or notice of any kind permitted or tequired herein shall be in writing and may be served, as an alternative to personal service, by mailing the same as follows: I If to any Owner: to the street address of his or her Condominium or to such other ~ddress as he or sM may from time to time designate in writing to the Association. I If to the Association: at the principal office of the Association (or at such other address * the Association may from time to time designate in writing to the Owners). I Section 2. Personal Service Upon Co-Owners and Others. Personal service of a notice dr demand to one of the co-Owners of any Condominium, to any general partner of a partnership which is the Owner of Record of the Condominium, or to any officer or agent for service of process of a corporation which is the Owner of Record of the Condominium, shall be deemed delivered to all such co-owners, to such partnership, or to such corporation, as the case may be. I Section 3. Deposit in United States Mails. All notices and demands served by mail shall be by first-class or certified mail, with postage prepaid, and shall be deemed delivered four days after deposit of in the United States mail in Los Angeles County, California. XVI-l ,iI. 0182 e e \ Article XVII No Public Rights in the Property I Section 1. Nothing contained in this Declaration shall be deemed to be a gift or a cliedication of all or any portion of the Property to the general public or for any public use or purpose whatsoever. XVII-l ~~ fill '. 1 8 3 1< i\rticle ){"III Amendment of Declaration Section 1. Amendment in General. This Declaration may be amended or revoked in any respect by the vote or assent by written ballot of the holders of not less than 75 percent of the Owners entitled to vote and not less than 75 percent of the votes of Owners other than the Declarant. Notwithstanding the foregoing, the percentage of Owners necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause. Section 2. Effective Date of Amendment. The amendment will be effective upon the recording in the Office of the Recorder of Los Angeles County, a Certificate of Amendment, duly executed and certified by the president and secretary of the Association setting forth in full the amendment so approved and that the approval requirements of Section 1, above, have been duly met. Notwithstanding anything to the contrary herein contained, no such amendment shall affect the rights of the holder or any first deed of trust or Mortgage recorded rior to the recording of such amendment. If the consent or approval of any governmental uthority, Mortgagee or other entity is required under this Declaration to amend or revoke any rovision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. [ Section 3. Reliance on Amendments. Any amendments made in accordance with the ~erms of this Declaration shall be presumed valid by anyone relying on them in good faith. XVIII -1 184 Article XIX General Provisions Section 1. Term. The covenants, conditions, restrictions, limitations, reservations, grant of easement, rights, rights-of-way, liens, charges and equitable servitudes contained in this eclaration shall run with, and shall benefit and burden the Condominiums and the Com on Area as herein provided, and shall inure to the benefit of and be binding upon the Own. rs, the Association, its Board of Directors, and its officers and agents, and their resp~tive successors inJinterest, for the term of 60 years from the date of the recording of this oecltion, after which time the same shall be automatically extended for successive periods of 10 years each unless, within 6 months prior to the expiration of the initial 60-year term or any s ch lO-year extension period, a recordable written instrument, approved by 75 cent of all Owners terminating the effectiveness of this Declaration shall be filed for recording in the Office of the County Recorder of Los Angeles County, California. Section 2. Construction of Declaration. (a) Restrictions Construed Together. All of the covenants, conditions, and restrictions of thi Declaration shall be liberally construed together to promote and effectuate the fund mental concepts of the development of the Property as set forth in the Recitals of this Decl tion. Failure to enforce any provision hereof shall not constitute a waiver of the right to en orce that provision in a subsequent application or any other provision hereof. ~ (b) Restrictions Severable. Notwithstanding the provisions of subparagraph (a) above, the c venants, conditions, and restrictions of this Declaration shall be deemed independent and seve ble, and the invalidity or partial validity or portion thereof shall not affect he validity or enfor eability of any other provision. j (c) Singular Includes Plural. The singularshall include the plural and the plural the singu ar unless the context requires the contrary, and the masculine, feminine or neuter shall each nclude the masculine, feminine and neuter, as the context requires. ~(d) Captions. All captions or titles used in this Declaration are intended solely for conv nience of reference and shall not affect the interpretation or application of that which is set fo h in any of the terms or provisions of the Declaration. I (e) Exhibits. All exhibits to which reference is made herein are deemed to be incorPorated herein by reference, whether or not actually attached. XIX-l ""if~' 185 r. ARTICLE XX City of Santa Monica Requirements I Section 1. Declarant Warranty. Pursuant to Santa Monica Municipal Code Section 9.P4.16.01.030(d), the Declarant hereby warrants the following items to be free of all defects in I material and workmanship over the periods indicated: I (a) Common area items including but not limited to the roof, plumbing, heating, aii-conditioning, and electrical systems until one year elapses from the date of the sale of the ljt individual unit sold. (b) Items provided or installed within individual units by the subdivider, including, b t not limited to, appliances, fixtures, and facilities for a period of one year from the date of c1(j)se of escrow of each individual unit. I Section 2. Destruction and Abolishment of Project. In the event of destruction or abplishment of the project, reconstruction shall be in accordance with codes in effect at the time of such reconstruction. I Section 3. Maintenance. Provisions for repair and maintenance of the Common A~ea and of the Units can be found in Article VII of this Declaration. I Section 4. Dedication. The Association shall have the power, in the name of all of tht owners as their attorney in fact, to dedicate all or any part of the common area or to establish easements over the common area for street widening or other purposes to any public agency, entity, authority, or utility. Section 5. Management. Non-subdivider owners shall have the right to select or ge the management group or the homeowner association ninety (90) days after sale or sfer of title of fifty-one percent (51 %) of the units. The Declarant agrees not to revise the C &R's submitted to obtain approval of a project without the consent of the Santa Monica PI ning Commission. Subsequent owners agree to make no changes in the CC&R's imposing re trictions on the age, race, national origin, handicap, sex, marital status, or other similar re trictions of occupants, residents, or owners. Subsequent owners agree to make no changes in he City of Santa Monica Requirements provisions of the CC&R's without the consent of th Planning Commission. ; Section 6. First Year Budget. Declarant has submitted to the Santa Monica PI ning Commission an estimate of anticipated maintenance costs for the Project for the one y period immediately following the close of escrow of the first sale of a unit. Declarant XX-l 4i Ill' I~ 1 8 6 ~ . . shall bear all costs of normal maintenance actually incurred in excess of said estimate during said one year period. II Section 7. Nondiscrimination. No unit owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his or her unit on the basis of sex, race, color, religion, ancestry, national origin, age, disability, pregnancy, marital status, sexual orientation, family composition, or the potential or actual occupancy of minor children. A condominium association shall not discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, disability, pregnancy, marital status, sexual oqentation, family composition, or the potential or actual occupancy of minor children. II Section 8. Conflict. In the event of any conflict between any of the provisions of this Article entitled "City of Santa Monica Requirements", and any other provision of this; Declaration, this Article shall control. XX-2 .r111" 0187 I- 1 IN WITNESS WHEREOF, the undersigned, being the Declarant, has executed this fDeclaration for Tract No. 52649 on the day and year first written above. Dated: State of California Founty of Los Angeles On , before me, ~he undersigned, personally appeared [ ] !Personally known to me - OR - [ ] proved to me on the basis of satisfactory evidence to be the fperson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me ~hat he/she/they executed the same in his/her/their authorized capacity(ies), and that by ~is/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the fperson(s) acted, executed the instrument. WITNESS my hand and official seal. .,; * '.' 18 8 '!I -\\ EXHmIT "A" . LOT 1 OF TRACT .52649 IN THE CITY OF SANTA MONICA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK _, PAGES ., , IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. Iilf!" \,189 ATTACHMENT H Rendering & Photographs of Site and Surrounding Properties, Plot Plan, Floor Plans and Elevations, Vesting Tentative Tract Map 52649 Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. [,.~ L190 ATTACHMENT I Final EIR Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. ~$"" U191