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Millich Dr. (Tract 5591) 1975 TRACT NUMBER REQUEST County of Santa Clara Dept. of Public Works 20 W. . Hedding St., San Jose Phone: 299-2871 1. Location 0 Tract ~~ PLEASE TYPE OR PRINT HEAVILY-YOU GET THE LAST COPY 11. Propose SEE INSTRUCTIONS BELOW . Proposed Tract Name Approval , . Developer "r ;1'\' ~J>L.Tl,: i'~,-A( in What City is NOTES: 1. Enclose ~ of tentative ~ap 2. This numoer-iS-automatical y void if not used within one year from date of issue and request in writing for renewal has not been received. Request for renewal shall include the date of the re-approval by the Planning Commission. 3. Encroachment Permit required where roads are in other jurisdictions. 4. Encroachment Permit required from Flood Control for developments in creek areas. 5. Where development involves more than one unit, need separate Tract Number Request for each unit. 6.. Has the Tract Name been cleared by the County Recorder 0 Yes 0 No INSTRUCTIONS FOR COMPLETING TRACT NUMBER REQUEST FORM: 1. Existing frontage and intersecting adjacent streets or reference to existing tract limits. 2. Proposed name of tract. If unknown, so state. Name must be provided prior to recordation if name is to be used. 3. Self explanatory. 4. Gross acreage. 5. Tract numbers will be issued only after the Tentative Map has been approved by the Planning Commission. 6. through 12. Self explanatory. 13. Self explanatory - For additional comment by private engineer. 1. The form shall be filled out and the green copy retained by the engineer. 2. All other copies must be forwarded to Department of Public Works, Room 133, 20 West Hedding Street, San Jose. 3. The tract number will be assigned, and the yellow copy will be returned to the engineer by mail. 4. The Tract Number is good for one year, subject to renewal for a maximum period of twelve months by resubmission of the application ten (10) days in advance of the expiration date. The assigned number is not transferable except upon written re-app1ication. Tract name must be cleared by County Recorder. s. Street names must be approved by Planning Department. 6. Check all copies for legibility. Date Logged 1 !-::/1f Date Assigned County Roads Tract Number 1 /~/7f S-~9 / By/c...c By /<-e- Routing: White - County Surveyor Canary - Developer's Engineer Pink - Planning Commission ~ Gold - City Engineer~ ~- Developer's ~ineer (Preliminary Copy) .6240 ~o' ~ r- r (p 0 0 c: :r: Ul ~ ;i " j tJ rl> ~ ~ B"' ~It W\LLE~Y~T 4'~;~ ~ 02S_ .~ ('!()338 ~ F:'O~~"> g WAY '" ~ ~ ~ :0 I" .. 'll G) '" 'll ;::-~~b';;' ?:: "n--~~;:'" t) ~~ ~ ~~ ii1~~~ ... '" ,. .., :ti!iliil~ ~ ~ ~ .., <e:"'!J>'" ~~~~ - ~ ~ -:;0 ~ '" '" !) ,... j;, :.: ~ ..... :t!::: ,.. ~ til ~ . '" -<: r::: ~ ~t ,.. >:! ~.~ () fJ 1:: ~ ~ ~ ~ ~ ~ ~ .... ~ ~ ~ ~ ~t;~~ " t)tI)......~ ~~~~..... ~ ?:""".... ..,"'~r- ~~:t ~lil(J, ~1:i~... ~~~:;; 4~~ ~,ii ~_<i>~~ ~~~ -<: ~G)~ ~~~ . !>....~ _ ~"'(!j G;~ !J>lJi~ ~ ~ ~ ~ Q"':::'" _ <: 1lI -'" >il ~~~" !::~ ~~....(>, Q~!lo ~!!:~ ~t ?:. !::::~~ !::::"i>:! ~ l:l ~ ~ ~~'" ~~~ ~>.-: ~~ <:;;:lI: ~ ~ i;.: .i;,fl\- ill - !!) ;.. ~ ::l . <> ~ ~ ~ .... ~ i'ii ~ ';'j '" ,:t: g:g ~Q ~:::! o JQ ~' - I r- o :J: .. o ~ o '" >' ~ .. '" In. tt1 .. o . ~(j) "'- o :;u <;!: < n m ~l!i ~< 87.98' l'; ~.M_ERRIMAC ~ DRIVE NlW58'S3"W eB01..' "'- .~ ;!!"O .~ on ~ g:r> ~ r ~"Oo (~>c: z"O In >< ~ 0 ~ n. )> ~ gJ 0 ~ -I ~ ~.. ~~~~~'m ~ "'O~~cr-Z ':>5"0"U m ~l'! 0 m -- ;];",:::i:5 [: fit ~ ~ ,....( :-I lO :t>rr,... r- z ~ :!:: ""-= ~I:r>- ..- (J) ." y:. ;;:ciYri2f"~ ~~z ~ ",,_,C,2 0 UI 0 - 0 -, N~Z29 l,!l~ C:Q- <. }>(/)~~;;)> f='" ~ r-j-, (") _ ;a". UI :;;7J~,,' !il m m O~) > - r ;;]-jCfJ 2: 'TI ~ ~ <:=0 0 (J) Z :t> .0 "U <0 ~~:;o ~ r 0 ? c3 o;g Z ~ . =:. N ;;](") - c)>..... """'- !N'm~,)> ~ z ii w:1 ~!:.!"I" ..... -!~ :':' -;;~ :J .. ;a "''li .. ~ . '. ~ S i ~ t ~ ~ ~ .. ~ . ~ i -' ~ ; z~<..{E ; ~ ~I~{'i '" ... ~ " 30' ~ -" .. "''" ~II ~. ~I i '.! l.lt l: .. "'! rt> ;; ~'t $... .", ~ci ..'" o . - u> WA~ Ul o ~ '" .. 0_ ~. o~ ~ o~ CONDITIONS OF APPROVAL - T.S. 74-5 Lands of Stanley E. Tanner, et ux Valley Forge Way No.1 APN 306- 1 b-l11 th ru 118, 121, 122 A copy of the Covenants, Conditions and Restrictions for this condominium conversion shall be submitted to the City Engineer for revie." and comrllent. The condominium plans and elevations are not a portion of the Tract Map and, when recorded, ~hall be recorded separately. The northerly 135 feet, more or less, of Lot 2 has been excluded and will not be a portion of Lot 2 on the final map. The final map thereof shall be filed with tl~ City Engineer t:or examination, approval and .ecGrdation in accordance with the provisions of the Subdivision Map Act. 5. Appl icant shall furnish the City with a recorded copy of the condominium plat prior to the sale of units. ~~~ ~o- ~k ~'rf'<...~ ~C'~ 0'"") ~~..s.~a.r.; J ... RECEIPT CITY OF CAMPBELL CAMPBELL, CALIFORNIA NAME" /~l-- ~ -., ~"O ? 0- )- ;-- / F~ ~~.J ~. 4/2.... ~/f7 .J~~'~.)f!Z5 ~. 'c}11-1& IF / - -, 0'.3 a:!! RE.VENUE ACCOUNT NO. 0J( , FUND NUMBER ;t ~ CHECK o CASH o MONEY ORDER DATE AMOU NT THIS RECEIPT MUST BE MACHINE VALIDATED AND SIGNED BELOW_ JAN 27 - 75 JAN 27-75 0111 *****53.00 51 014A ****53.00 8655 ~-t:I?~f ~~k You CITY OF CAMPBELL CITY CLERK CITIZEN COPY RECEIPT CITY OF CAMPBELL CAMPBELL, CALIFORNIA EDEN ( "3) T (if) 'ME );dfz ~t: c ~ tft, - . 'OR'~. ;) Y)-J .~ /~ 'Z: CGLZA-r7 f/VCJ[Y .. ." ~s )R ../ /1 U~~_I A~.A-. J~'- ~ ~ /1.-- '." .J;t/..~ ~~k~ ; . 7f ;-J~'7I- ~ J Ci ~ ,H "rJ~& ).. -J-.j- :;:.-- - _.-:)~o iT " ~. '\: "- -). '-VENUE ACCOUNT NO. .3,J-/ . It FUND NUMBER bfY-tRf7 ~ CHECK 90" 1'/7/ o MONEY ORDER o CASH DATE AMOU NT THIS RECEIPT MUST BE MACHINE VALIDATED AND SIGNED BELOW, AUG 28-74 006 *****50.00 AUG 28-7ll 51 o06A ****50.00 <r>s 6230 ~CA~ L-)/ ,/ .-, / v I ---ft!ank You CITY OF CAMPBELL CITY CLERK CITIZEN COPY '4965183, . ., r""": Cr":, ..J .~,.. ('[CION61G"'C,'~'''' 'faCODE t....: .. ",' r - .# '. "" , ,." ii' "c ,J I ... .....). _.. ~. . - ~: . :,. .' <.. '. I ,.! "".: It AT n:E REQUEST Cf CliY CF C\.', .PBEll ,- ..' .'1;\9;)<."...... . .. ,)< . _, 'lit C~'-,.~~Ir\...olo...... c.'t,.:..,........-..a......- TO EE ~:CJG.~'~"'j W:T::JUT F:e j , ~ B 4965183 319 ~,~~~277 jl I .\ M9TTCE OF Cor.H)LE'I'JOtr NO- f:EE ClllPBELL as - iLL,) "'H)/{ r" -. . 1\1' r",'~', ..::.:l?,Of:J . 1Lh.JC0f {}F ctry OF CI1lvtPB" f'~;.;I' I ELL 'fII' 4 ,1 J PH ,[Os NOTICE is hereby given that CITY OP o'~'m~'~R and William G. Wren the undersigned. as City Engineer caused subdivision uoprovements to be constructed . ")r-r~'''' '1....._ Above P-bnce, '- for' ~("0~t~ r___'._~~'''' L!" ,...... I~''''CQ'''''''''-~'-''- :. .\ \;, \ ';~:1:...;t\'. ;\..... ~_,~~_,.. ~.-..'i .,j :,!.'~l' , , . ..... ~,. \ -', ,.(,.\'~ :-: r.':0~;fi0g~ upon the property hereinafter described. B That the work on said subdivision improvements was actually accepted on the 10th _day of March 19~. That the name of the Subdivider. for said ow~er is Valley Forge Way No.1, a limited partnership. That the nature of title of said city to said subdivision improvements is that of ovmer in fee simple, and the names and addresses of all o~~crs of sa~d property are: 31.9 r:.[~277 I i f l : , l 1 ." '. EAME hDDRES~ City of Campbell 75 North Central Avenue Campbell, California 95008 'l'hat the property herein referred to and on which said subdivision improvements are locat6d is situated in the City of Campbell, Coun'ty of Santa Clara. stnte of Cilliforn:i.,~, una. described as follows: Tract No. 5591, Valley Forg~ Noo 1 Datc~____~arch 11 · 19~'0)J(l~q/~3J'if~' &111am G. Wren, 1 of 2 --ci'tyEngineer ) l i l ! .~ J~ and having the follo\-lir.g address: t. f B 31S r,~~~278 ST.'\TE OF CALIFOr.U IA COmlYl OF S!.!lTA CU~M EG. . I, William Go Wre~. being duly sworn, s~ys: Th~t I am the city Engineer for said City of Camph::ll, the m-mer of the propert.y described in the foregoing notice; 'chat I hnve read the foregoing notice, and l(nO~.:1 the con- tents .thereof: and the facts knO\'llcdge. t~erein;v;;~ Ji:dl~ ~ William Go Wren, City Engineer , . .. Subscribed und S\\7orn to before me this 11 th da~; of March _, 19~ ~JJ1. ~ Notary r~blic in and for Daid County Santa Clara, State of California , I\l.. ,>.J.L \ \..\. ~ \L \ . .-', -., t' C~5C '," ,..' - ,', ,."",\"",,,~, . \.1..'. . .'..' .',~. .C\1.. ..... ...[ Y1NIII ,," ,,' . -~..., ""1'(' c. t. ,.' . I:;' ... ~ ~ t,O',;:n" _ . l'rq(\ I:' \""; : .,~ \ 1:' c- ,l ...' ' CO\!t'lT'1 \.'\ . ~/ ,.',\!I'A (;lA,'\ 1 '975 ~'-~:' " ," f ,)'lftPj o..:t. .., -~~ ~_....---- .------ of 2 of 2 I f: RESOLUTION NO. 3857 BEING A RESOLUTION APPROVING FINAL MAP OF TRACT NO. 5591 VALLEY FORGE WAY UNIT NO.1. WHEREAS, there has been submitted to the City Cqunci1 of the City of Campbell final maps of Tract No. 5591 Valley Forge Way Unit No.1, for approva1i WHEREAS, the City Engineer has signed the maps to the effect that they co~formi NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell that said maps be and the same are hereby approved and easements shown upon the maps and therein offered for dedication are accepted upon the terms stated in the owner's certificatei PASSED AND ADOPTED this 10th day of March 19~, Ly the following vote: NOES: Councilmen: Cha~berlin, Doetsch, Hammer, Podgorsek, Paul None AYES: Councilmen: ABSENT: Councilmen: None APPROVED: Nor~an Paul Mayor ATTEST: Dorothy Trevethan City Clerk 7-24-74 RESOLUTION NO. 74.7. CJ t RESOLUTION WAIVING REQUIREMENTS OF SEcrION 4.02 OF OP~INANCE OF COUNTY SANITATION DISTRICT NO.4, SANTA ClARA COUNTY, CALIFORNIA, TO ALLOW CONNECTION OF SEVERAL BUILDINGS TO COMMON SEWER lAT ERA IS , VALLEY FORGE UNITS I AND II WHEREAS, Section 4.02 of Article IV of the Ordinance of County Sanitation District No.4, Santa Clara County, California, requires that each residential unit have its own lateral sewer connection to a public sewer; WHEREAS, the existing duplex units in Valley Forge Unit I and fourplex units in Valley Forge Unit II are being converted to condominiums; WHEREAS, it is not practical to abandon the lateral sewers connecting each of the duplex and fourplex units to a public sewer and construct individual lateral sewers to each of the units; and WHEREAS, the areas in which these on-site laterals exist shall be a part of a Common Area owned and operated by a Homeowners Group and said Group shall enter into a save and hold harmless agreement with the District specifically for the purpose of releasing the District from any responsibility which might result from any on- site stoppage in said lateral sewers. NOW, THEREFORE, BE IT RESOLVED AND ORDERED, pursuant to Section 9.01 of said Ordinance, that said Section 4.02 of said Ordinance be waived and that the duplex units in Valley Forge Unit I and the fourplex units in Valley Forge Unit II be provided sewer service by the utilization of the existing lateral sewers now serving the existing duplexes and fourplexes. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No.4, Santa Clara County, California, this 24th day of July 1974, by the follow- ing vote: AYES: Directors, NOES: Directors, ABSENT: Directors, Cody, Btnht, Gil/mor. Lochner Mehrkens, Paul, Smith · ~ ~L GAlt k' G. GILLl\IOR Chairman of the Board of Directors County Sanitation District No. 4 Santa Clara County, California. Countersigned: The foregoing instrument is a CLAHWEt S. JOIlNSO!lL- _____ correct CODY cf t'l'~ original Secretary of Said Board of Direr:t.Oj:S 0'1 L"~ i,~ I ') r;;i--:e ~~t~~I~r. ~~.~-~d{}tt~ Scc;ccuu )' Dated: ~ c:L ~ I 77 ~ "'~;'" Vlhon H.cconJod He turn '1'0: 'l'lIOITS, 1.1;1I1'11\N & llMW1\ P. O. Box 179 Palo Alto, California ~N6.L })RC~--r' AS A t=> p~OV t:::: t:::> S-rA.T~ ~PT. of E?Y rc~L\L CsT~Tt:: 94302 ~ -:3 Vl\LLEY FORGE #1 ENlI.BLING DECLARATION ESTl\BLISIIING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION, made on the date hereinafter set forth, by Valley Forge Way #1, a limited partnership, by Robert H. Jones, General Partner, and Sharon G. Borg, hereinafter referred to as "Declarant", is made with reference to the following facts: A. Declarant is the owner of a certain tract of land located in the City of Campbell, County of Santa Clara, State of California, more particularly described as Tract a map of which was filed for record in the Office of the Recorder of Santa Clara County, California, on 19 ,in Book of Maps, page(s) B. The development consists of ten (10) duplexes, with a total of twenty (20) units. Declarant intends to establish a condominium under the provisions of the Californi~ Condominium Act, providing for separate title to each unit and an undivided interest in and to all of the remaining property. C. Declarant intends by this document to impose upon the property mutually beneficial restrictions under a general plan of improvement for the benefit of all of the said condominiums and the owners thereof. D. The development shall be referred to as the "Project" as defined in Section 1.17. E. Declarant hereby establishes by this Declaration a plan for the individual ownership of the real property estates consisting of the area of space contained in each of the units in each multi-family structure, and the co-ownership by the individual and separate owners thereof, as tenants in common and as hereafter set forth, of all the remaining portion of the Project which is hereinafter defined and referred to as the "Cornmon l\rea". THOITS, LEHM^N 8 H^NN^ ATTORNt:YS AT lAW 5~5 UNIVERSITY AveNUC, SUITE. 1219 PALO ALTO, CALlfOR.NI^ 94.302 I NOW, THEREFORE, Declarant hereby declares that the hereinafter described portions of the above-described property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the property, and the Project, and every part thereof, in accordance with the plan for the division thereof into condominiums. All of the limitatio~s, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be binding upon Declarant and its successors and assigns, all parties having or acquiring any right, title or interest in or to any part of the property or the Project. ARTICLE I DEFINITIONS Section 1.1. "Assessment" shall mean that portion of the cost of maintaining, repairing and managing the property which is to be paid by each unit owner as determined by the Association. Section 1.2. "Association" shall meun and refer to the Valley Forge #1 Condominium Association, Inc., a California iion--profi t cor_iJoration, Ule Ilieml)ers of which shall be the owners of condominiums in the Project. Section 1.3. "Board" or "Board of Directors" shall mean and refer to the governing body of the Association. Section 1.4. "Common Area" referred to as lot "A" on the Condominium Plari, shall mean and refer to the portions of the property, title to which is held by all of the owners in common, and excepting the individual r::ondominium units. The common area includes (wit.hout limitation): lund; parking and driveway areas; carport ar0as; storage areas; bearin~ walls, c:olumns, girders (to the' nn fjnj:;h(~d surf3c0-s thereof regardless of location), sub-fJoors, un[j,nishec1 floor", roofs, and foundations; central hC'lltinq equipment, THOITS. U::HMAN. HANNA 8: LOVE ATTOnNf:VS AT '....A,W 152!5 UNI\,rrSll"Y A\'LtJUr. ~-;lJll-!". 1~, 19 PALO I'LTO, C,\LlF()FlNIA 94302 -- ') . , / reservoirs, tanks, pumps, motors ducts, flues and chutes; conduits, pipes, plumbing, wires and other utility installations (except the outlets thereof when located within the unit), required to provide power, light, telephone, gas, water, sewerage, drainage and heat; and exterior sprinklers. Section 1.5. "Common expenses" means and includes the actual and estimated expenses of operating the property and any reasonable reserve for such purposes as found and determined by the Board and all sums desjqnated common PXpcnscs by or pursuant to the condominium documents. Section 1. fj. "Common interest" means the proportionate undivided interest in the common area which is appurtenant to each unit as set forth in the Declaration. Section 1.7. "Condominium" shall mean an estate In real property as defined in California Civil Code Section 783, consisting of title to a unit and an undivided interest in a common area. The ownership of each condominium shCll1 include the ownership of a unit and the respective undivided interest in the common area. Each unit shall be a separate freehold estate consisting of the space described and defined in Section 2.2 A. Each unit includes the portions of the structure so described and the airspace so enc~mpassed. Section 1.8. "Condominium documents" means and includes this Declaration as the same may be amended from time to time, the Art icles and By-I,a'..,s of the A:.sociation, and the rules and regulations for members of the Association established from time to time. Section 1.9. "Condominium Plan" shall mean and refer to the recorded diagrammatic floor plan of the units built on the property which identifies each unit and shows its dimensions pursuant to Civil Code Section 1351, a copy of which is attached hereto, marked Exhibit "A" and incorporated by reference Jlercin. Section 1.10. "DcclarClnt" shil11 mean and refer to Vil..11cy Forge # 1, a 1 imi ted partnersn~~~ . by Roh(~rt If. Jone::;, ~encru 1 Partner, and~ Sha:ron r,. Borg,,, t.hcJ_r succc~ssor~; and as,; l<)ns. Section 1.11. "Declaratinr." sl1<111 mean and refer tG t.his enabling Dee] Llr.--..tinil. "HOITS. Lr:H~1,l1.r--J. HANN^ e< LOVE ATTOnNEYS AT LAW !5:!~ fJNIVF.HSITY AVcNue SUlTf 1210 LIlLO Jo.LTO. CALI' OrHJl1' 04302 _ J.._ Section 1.12. "Member" shall mean and refer to a person entitled to membership in the Association as provided herein. Section 1.13. "Hortgage" shall include a deed of trust as well as a mortgage. Section 1.14. "Mortgagee" shall include a beneficiary or a holder of a deed of trust as well as a mcrtgagee. Section 1.15. "Owner" or "owners" shall mean and refer to the record holder or holders of title, if more than one, of a condominium in the Project. This shall include anyone having a fee simple title to any unit, and shall include contract sellers, but shall exclude persons or entities having any interest merely as security for the performance of an obligation. Section 1.16. "Person" means a natural person, a corporation, a partnership, trustee, or other legal entity. Section 1.17. "Project" shall mean and refer to the entire real property above described including all structures and improvements erected or to be erected thereon. Sect~on 1.18. "Property" or "properties" means and includes the real property above described and all improvements erected thereon and all property, real, personal or mixed intended for or used in connection with the condominium. Section 1.19. "Restricted common area" shall mean and refer to those portions of the common area, if any, set aside for exclusiqe use of a unit owner or owners, pursuant to Section 2.2 c. Section 1.20. "Share" means the percentages in and to the common area attributed to and appurtenant to each unit as set forth in Section 2.2 B. Section 1. 21. "Unit" shall mean and refer to the elemen'cs of the condominium (as defined in Section 2.2 A), which are not owned in common with the owners of ot.her condominiums in the Project. Section 1.22. "Unit designat.ion" means the number, letter, or combination thereof or other official designations shown on the condominium plan. THOITS, LEHM/,N n 1.i.>,NN^ ^''''onNr::Ys AT LAW 625 UNlvr:n~;.ITY AVLNUEJ SUII~ 1219 PALO ALTO, CALIfORNIA \),130;! -<1- ARTICLE II DESCUPTION OF PROJECT, DIVISION aT:' Pl(OPEl(TY, AIm CREATION OF PROPERTY RIGHTS Section 2.1. Description of Project: The Project consists of the underlying raal property with condominium units and all ether improvements located on the property. The project improvements include ten single story duplexes. It has, among other things, approximately 22,000 total square feet of space divided into twenty units. Reference is made to the Condominium Plan for further details concerning the Project. Section 2.2. Division of Property: The property is hereby divided into the following separate freehold estates: A. Dwelling Units: Each of the Uni ts as sho\-ln, numbered and designated in the Condominium Plan consisting of the space bounded by a~d contained with the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, and doors of each Unit, each of such spaces being defined and referred to herein as a "Unit." Each Unit includes both the portions of the building so described and the airspace so encompassed. The Unit does not include those areas and those things which are defined as "Common Area" in Section 1.4. Each Unit is subject to such encroachments as are contained in the building, whether the same now exist or may be later caused or created in any manner referred to in Section 8.5. In interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state or reconstructed In substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the boundaries expressed In the deed or plan, regardless of settling or lateral movement of the bUilding and regardless of minor variance between boundaries shown on the plan or deed, and those o~ the building. THOIT5, LEHM^N 1\ H^NN^ ATTORNEYS AT LAW 525 UNtVrnSITY AVENUE, SUITe 1219 PALO ALTO, CAurORNIA '1-1302 -5- B. Common Areas: The remaining portion of the property referred to herein as IICommon Areall or IICommon Areas", including without limitation, all of the elements set forth in Section 1.4. Each Unit owner shall have, as appurten?nt to his Unit, an undivided 1/20th interest in the Common areas. The ownership of each condominium shall include a Unit and such undivided interest in the Common Area. The common interest appurtenant to each Unit is declared to be permanent in character and cannot be altered without the consent of all the Unit owners affected, and the first mortgagees of such Unit owners, as expressed in an amended declaration. Such common interest cannot be separated from the Unit to which it is appurtenant. Each Unit owner may use the Common Areas in accordance with the purposes for which they are intended without hindering the exercise of or encroaching upon the rights of any other Unit owners. C. Restricted Common Areas: Portions of the Common Area referred to as IIRestricted Common Areas" are hereby set aside and allocated for the exclusive use of the owner of each unit. Said Restricted Common Area shall consist of the exclusive easement to use, for vehicle parking purposes, the parking space specifically designated on the Condominium Plan as appurtenant to each respective Unit; and the exclusive easement to use the private patio area as specifically designated on the Condominium Plan as appurtenant to each respective Unit; and the exclusive easement vito use the carport specifically designated on the Condominium Plan as appurtenant to each respective Unit. D. No Separate Conveyance of Undivided Interests: The foregoing undivided interests are hereby established and are to be conveyed with the THOITS, LUIMAN 8 HANNA ATTO~Nr::YS AT LAW 525 UNIVL~..SIT'( AVENUE, SUITE 1i'19 P^LO ALTO, C,AlJrORNI^ 9430;! -6-. respective units as inc1ic<.:d:Gd above, cannot be changed, except as herein set forth, and Declarant, its successor and assigns, and grantees, covenant and agree that the undivided interests in the common areas and the fee title to the respective units conveyed therewith~ shall not be separated or separately conveyed, and each such undivided interest shall be deemed to be conveyed or encumbered with its respective uni t even t110ugh the description in the instrument of conveyance or encwnbrance may refer only to the ree title to the unit. Section 2.3. Partition Prohibited: The Co~-non Areas shall remain undivided as set forth above. Except as provided by California Code of Civil Procedure Section 752b, no owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the owners with respect to the operation and management of the Project. Judicial partition by sale of a single unit owned by two or more persons is not prohibited hereby. ARTICLE III ASSOCIATION, ADrUNISTRi'\TlmJ, MEMBERSHIP AND VOTING RIGIITS Section 3.1. As sociation to J1anugG Con'u'11on i'\reas: The management of the COIT@on areas shall be vested in the Association in accordance wi th its By'-Laws. The owners of all the condominiums covenant and agree that the administration of the project shall be in accordance with the provisions of this Declaration, the Articles and By-Laws of the Association. Section 3.2. Membership: The owner of a unit shall automatically, upon becoming the owner of same, be a member of the AssociaJcion, and shall remain a member thereof until such time as his ownership ceases ror any reason, at which time his membership in the Association shall automatically cease. i'1embership shall be in accordance with the Articles and By-Laws or the Association. THOITS, LEHMAN 8 HANNA A1'TontJr,ys AT LAW 525 UNIVCR:>ITY AVf:I.JUC, sUITe 1219 r^LO ^LTO, CAUfO/lNI^ 9.-\302 -7- Section 3.3. 'rransfcrrcd Mem0crship: Membership in the Associa.tion shall not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the unit to which it is appurtenant, and then only to the purchaser, in the case of a sale, or mortgagee, ln the case of an encumbrance of such uni.t. Any attempt to make a prohibited transfer is void. In the event the owner of any unit should fail or refuse to transfer the membership registered in his name to the purchaser of his unit, the Association shall have the right to record the transfer upon its books and shall issue a new certificate to the purchaser of said unit and thereupon the old certificate outstanding in the name of the seller shall be null and void. Section 3.4. Membership Classes and Voting Right~: The Association shall have two classes of voting memberships, Class A (mvners) and Class B (Declarant). Class A. Class A members shall be all Owners with the exception of the Declarant (as defined in the Declaration). Each Unit shall be entitled to one vote. When more than one person holds an interest in any Unit, all such persons shall be members. The vote for such Unit shall be exercised as they among themselves determine, but in no event shall more votes than a Unit is entitled to be cast with respect to any Unit. Class B. The Class B member(s) shall be the Declarant and shall be entitled to vote as follows: voting shall be the same as for Class A memberships, except that Class B members may triple their votes for each Unit Q\vned. The Class B membership shall cease and be converted Jco Class A membership on the happening of either of the following events, whichever occurrs earlier: (a) When the total votes outstanding in the Class A membership equl1l the total votes (tripled as stated abovG) ot:tstanding in the Class 13 rr.embership; or (b) On December 31, 1975. THOIT~, LEIIMAN FI HANNA ATTOfHJEY~:, AT LAW 525 UN'VCR~)lTY AVLNUf:./ ~.UITE 12lrJ "^L.O ALTO, CALlFORNI^ U.-130? AR'l'ICLE IV MAINTENANCE AND ASSESS~v,ENTS Creation of the Lien and Personal Obligation of Assessments: The Declarant, for each Unit owned within the Project, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or Hot it shall be so expressed in such deed, is deerr~d to covenant and agree to pay to tDe Association: (1) annual assessments or charges, and (2) special assessments for c"pi tal improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the Condominium and shall be a continuing lien upon the Condominium against which each such assessment is made, the lien to become effective upon recordation of a notice of assessment. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Condominiuffi at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. No Owner of a Condominium may exempt himself from liability for his contribution towards the corunon expenses by waiver of the use or enjoyment of any of the Corrunon Areas or by the abandQnment of his Condominium. Section 4.2. Purpose of Asses;,ments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of all the residents in the entire Project and for the improvement and maintenance of the Conm10n Area for the comnon good of the Project. Section 4.3. Maximum ^nnual ^sscssment: Section 4.1. Until January 1 of the year immediately following t~e conveyance of the first Unit to an Owner, the maximum annual assessment shall be $ 3S7.00 per Unit. THOITS, LLI.IM^N 8 H^NN^ ArTorn,o-.ys ^T LAW 525 UNIV[RSITY AV(NlJl.:, SUITE 1219 "ALO ^LrO, C^urORNI^ U"':\O;! -9- A. From and after January 1 of the year i~nediately following the conveyance of the first Unit to an Owner, the maximum annual assessment may be increased each year not more than three percent (3%) above the maX1mum assessment for the previous year without a vote of the membership. B. From and after January 1 of the year immediately following the conveyance of the first Unit to an Owner, the maximum annual assessment may be increased by more than three percent (3%) by the vote or written assent of fifty-one percent (51%) of each class of Members. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4.4. Special Assessments: In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying,'in whole or 1n part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the vote of written assent of fifty- one percent (51%) of each class of Menmers. Section 4.5. Notice and Quorum for any Action Authorized Under Sections 4.3 and 4.4: Any action authorized under Section 4.3 and 4.4 shall be taken at a meeting called for that purpose, written notice of which shall be sent to all Me~)ers not less than thirty (30) nor more than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent '(51%) of each class of Members, Members who were not present in person or by proxy may glve their assent in writing, provided the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting. THOITS, I.CHMAN (\ HANNA A,.,ronNEYS AT LAW 525 UNIVC~SITY AVENUl::, SUI"rc. 1219 rALO ALTO, C^L11-0RNI^ H.d3.02 Section 4.6. Rate of Assessment: All assessments, both annual and special, shall be charged to and divided among the unit owners according to the respective cornmon interest share of each as set forth 1n Section 2.2 B. Assessments may be collected on a monthly basis. Section 4.7. Date of Commencement of ^nnual Assessment: Due Dates: The regular assessments provided for herein shall commence as to all Units covered by this Declaration on the first day of the month following the conveyance of the first Condominiu~ to an individual Owner. Subject to the provisions of section 4.3 hereof, the Board of Directors shall determine and fix the amount of the annual assessment against each Unit at least thirty (30) days in ~dvance of each annual assessment. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Unit have been paid. Section 4.8. Effect of Nonpayment of Assessments: Any assessment not paid within thirty (30) days a~ter the due date shall bear interest at the rate of ten percent (10%) per annum from the due date until paid. Section 4.9. Transfer of Unit by Sale or For0closure: Sale or transfer of any Unit shall not affect the assessment lien. However, the sale or transfer of any Unit pursuant to Mortgage foreclosure shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof. Where the mortgagee of a first mortgage of record or other purchaser of a ~ondominium obtains title THOITS. LEI!M^N I'> II^NN^ ATionNCYS AT LAW 525 llN IveRSt TV I\V[ f~ U [, su nr: 1219 PALO ALTO, C'lurOI\NIA 0....:..0;> -11- to the same as a result of foreclosure of any such first mortgage, such acquirer of title, his successor and asslgns, shall not be lidble for the share of the common expenses or assessmonts by the Association chargeable "co such Condominium which became due prior to the acquisition of title to such Condominium by such acquirer. Such unpaid share of com~on expenses or assessments shall be deemed to be co~non expenses collectible from all of the Condominiums including such acquirer, his successors and assigns. In a voluntary conveyance of a Condominium the grantee of the same shall be jointly and severally liable with the grantor for all unpaid assessments by the Associatio~ against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amou~ts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the Association, setting forth the amount of the unpaid assessments against the grantor due the Association and such grantee shall not be liable for, nor shall the Condominium conveyed be subject to a lien for, any unpaid assessments made by the Association against the grantor in excess of the amount set forth in the statement, provided, however, the grantee shall be liable for any such assessment becoming due after the date of any such statement. Section 4.10. Priorities; Enforcement; Remedies: When a notice of assessment has been recorded, such assessment shall constitute a lien on each respective Condominium prior and superior to all other liens except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any first mortgage of record (meaning any recorded mortgage or deed of trust with first priority over other mortgages or deed of trust) made in good faith and for value. Such lien, when delinquent, may be enforced by sale by 1.:he Association, its attorney or other person uuthori zed to muke the sale, after fuilure of the Owner" to pay such assessment THOIT5. l.EHMAN [) HANNA ATTORNeys AT LAW 525 UNIVER!jITY ^VENU[J SUITe 1219 Ml.O ALTO, r:Al.IfOR.NI^ 1)"'''02 -12- in accordance with its terms, such sale to be conducted in accordance with the provisions of Sections 2924, 2924b and 2924c of the California Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. The Association, acting on behalf of the Condominium Owners, shall have the power to bid for the Condominium at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses, rent and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the same. Section 4.11. Unallocated Taxes: In the event that any taxes are assessed against the Common Area, or the personal property of the Association, rather than being assessed to the Units, said taxes shall be included in the assessments made under provisions of Section 4.1 and, if necessary, a special assessment may be levied against the Units in an amount equal to said taxes, to be paid In two installments, thirty (30) days prior to the due date of each tax installed. ARTICLE V DUTIES AND POWERS OF THE ASSOCIATION Section 5.1. Duties and Powers: In addition to the duties and powers enumerated in its Articles of Incorporation and By-Laws, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall: A. Maintain, repair, replace, restore, operate and manage all of the Comnon Area and all facilities, improvements, furnishings, equipment and landsc,-..ping .thereon, and all Property that may be acquired by the Association, as provided in Section 5.2. B. Have the authority to obtain, for the benefit of all of the Condominiums, all water, gas and THO ITS, L[HMAN 1'1 rC'.NN^ ATTonNCYS AT LAW Ei25 UNIVcn~.ITY AVCNLJI':, SUITE 1219 r^lO ALIO, ,:^UfORNIA r;.)....-iO~~ -13- ./ electric service and refuse cOllection, and janitorial or window cleaning service. C. Gru.nt easements where necessu.ry for utilities and sewer facilities over the Common Area to serve the Common and open space areas and. the Condominiums. D. Maintain such policy or policies of insurance as the Board of Directors deems necessary or desirable in protecting the interests of the rssociation and its Members. E. Have the authority to employ a manager or other persons and to contract with independent contractors or managing agents to perform a~l or any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a manager or managing agent during the first year of the Association, shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association. F. Discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Hember or MernDers responsible for the existence of said lien. G. Adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all facilities.thereon, and the conduct of owners and their tenants and guests with respec~ to the property and other owners. Section 5.2. Maintenance by Association of Condominiums: The Association shall provide maintenance of the Condominiums as follows: paint, maintain, repair and replace roof, gutter, downspouts, exterior building surfaces and exterior glass surfaces, lands caping, (except for private patio areas which are to be maintained by Owners as per Section 8.7.) parking areas and all common areas. The responsibility of the Association for maintenance and repair shall not extend to repairs or replacements arising out of or caused by the willful or negligent act or neglect of an owner, or his guests, tenants or i!1vitees, the cost of which lS not covered by insurance. THOJT~, I rllMAN A H^NN^ ATTCH.."H-:yr; AT l.AW 52S UNlvr~S11 y "V[~ILJr'l r,UITC 1?19 rAIO AITO, CAUIOR..NI^ l"l.1:lC);,J , . The repair or replacement of a Condominium Unit exterior resulting from such excluded items shall be the responsibility of each owner; provided, however, that if an owner shall fail to rnuintain or make the repairs or replacements which are the responsibility of such owner, as provided above, then, upon vote of a majority of the Board of Directors, and after not less than thirty (30) days notice to the Owner, the Association shall have the right (but not the obligation) to enter the Condominium and provide such maintenance or make such repairs or replacements and the cost thereof shall be add~d to the assessments chargeable to such Condominium and shall be payable to the Association by the owner of such Condominium. Section 5.3. Access at Reasonable Hours: For the purpose of performing the maintenance authorized by this Article or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association's agent or employee shall have the right, after reasonable notice to the O\.mer, to enter any Unit or upon any portion of the Common Area at reasonable hours. Section 5.4. Custodian Unit: Anything in this Declaration or the By-Laws or Articles to the contrary notwithstanding, the Association, upon appropriate resolution of the Board, shall have the power and authority, with the vote or written consent of a majority of the Class A memberships, to purchase a unit (the "custodian unit") to be occupied by the custodian of the project. In such case, during the period the custodian unit is owned by the Association: A. No right to vote shall be exercised on behalf of the custodian unit; B. No assessment shall be assessed or levied on the custodian unit; and C. Each other unit owner shall be churgcd, in addition to his usual assessment, his share of the assessment THOll'S, LEI I MAN e HANNA AT"O"',CY~-, AT W\W SZ5 UN1V~:R~';iTY AVLNUC, SUITf: 1219 PAI.O ALTO, CALli'OltNI^ 0.D02 -E;- that would have been charged to the custodian unit, but for the provisions of this section. ARTICLE VI UTILITIES Section 6.1. Owners' Rights and Duties: The rights and duties of the Owners of Condominiums within the Project with respect to sanitary sewer, water, electricity, gas and telephone lines and facilities, and heating facilities shall be as follows: A. Whenever sanitary sewer, water, electricity, gas, television receiving, telephone lines or connections, heating conduits, ducts, or flues are installed within the Property, which connections, or any portion thereof lie in or upon Condominiums owned by other than the Owner of a Condominium served by said connections, the Owners of any Condominium served by said connections shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter upon the Condominiums or to have the utility companies enter upon ~he Condominiums in the Properti in or upon which said connections, or any portion thereof, lie, to repalr, to replace and generally maintain said connections as and when the same may be necessary. B. Whenever sanitary sewer, water, electricity, gas, or telephone lines or connections, heating conduits, ducts l or flues are installed wi thin the Property which conneci:ioilS serve more than one Condominium, the Owner of each Condominium served by said connection shall be entitled to the full use and enjoyment of such portions of said connections as service his Condominium. C. In the .event of a dispute between Owners with respect to the repair or rebuilding of said connections, or with respect to the sharing of the cost thereof, then, upon written request of one of such Owners addressed to the Association, thA matter shall be submitted to the Board of Directors who shall decide the dispute, and the decision of TI10lTS. LEHMAN PI HANNA ATTorlt~CYS AT LAW S2S UNIVLkSllY AveNUE, SUIT\.- 1219 MLO ALTO, '-AuraR NI^ 0..:\02 -16- the Board shall be final and conclusive on the parties. Section 6.2. Easements: Easements over and under the Property for the installation, repair, and maintenance of electric, telephone, water, gas, and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as shown on the recorded map of the Property, and as may be hereafter required or needed to service the Property, are hereby reserved by Declarant and its successors and assigns, including the Association, together with the right to grant and transfer the same. Section 6.3. Association's Duties: The Association shall maintain all utility installations located in the Common Area except for those installations maintained by utility companies, public, private, or municipal. The Association shall pay all charges for utilities 1 supplied to the Project except those metered or charged separately to the Units. The Association shall maintain all on-site lateral sewer connections. ARTICLE VII USE RESTRICTIONS In addition to all of the covenants contained herein, the use of the Property and each Condominium therein is subject to the following: Section 7.1. Condominium Use: No Condominium shall be occupied and used except for residential purposes by the Owners, their tenants, and social guests, except that Declarant, its successors or assigns, may use any Unit or Units in the Project owned by Declarant for a model home site or sites and display and sales office during construction and until the last Unit is sold. Section 7.2. Nuisances: No noxious, illegal, or offensive activities shall be carried on upon any Condominium, or in any part of THOITS, LE1-lM^N p. H^NN^ ATTonNE.YS AT LAW SZ5 UNtVERSITY AVENUE, SUITr: 1219 P^lO ALTO, C^UrORNI^ 94.10;? -17- the property, nor shall anything be done thereon which may be or m~y become an annoyance or a nuisance to or ln which may in any way interfere with the quiet enjoyment of each of the Owners of his respective unit, or which shall in any way increase the rate of insurance for the Project, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which will impair the s-cructural integrity of any bUilding. Section 7.3. Vehicle Restrictions: No trailer, camper, mobile home, commercial vehicle, truck (other than standard size pickup truck) inoperable automobile, boat or similar equipment shall be permitted to remain upon any area wi thin the Proper"cy, other than temporurily, unless placed or maintained within an enclosed garage or carport. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a comnercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the property. No off-road unlicensed motor vehicles shall be operated upon the Property. Section 7.4. Signs: No signs shall be displayed to the public view on any Units or on any portion of the Property except such signs as are approved by the Board or comrnittee appointed by the, Board. "For Sale" or "For Rent" signs shall be allowed provided they do not exceed three (3) square feet in size. Section 7.5. Animals: -- No animals, or birds of any kind shall be raised, bred, or kept in any Condominium, or on any portion of the Property, except that no.more than two (2) usual and ordinary household pets such as dogs, cats, birds, etc., may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and they are kept unuer reasonuble control at 011 times. Notwithstanding the foregoing, no pets may be kept on the Property which result in an annoyance or THOIT5. UllMAN I) HANNA ATTOr-?N[ V:) AT LAW 525 UNlvr:n~)IT'( AvrNUC, $unc IZIB PALO ALTO, c.....urOR..NI^ 0-1302 -18- are obnoxious to other Unit Owners. No pets shall b8 allow8d in the Common Area except as may be p8rmitted by rules of the Board. No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. Declarant or any Owner may cause any unleashed dog found within the Common Area to be removed by Declarant (or any Owner) to a pound or animal shelter under the jurisdiction of the City of Campbell, or the County of Santa Clara, by calling the appropriate authorities, whereupon the Owner may, upon payment of all expenses connected therewith, repossess the dog. No dog whose barking disturbs other Owners shall be permitted to remain on the Property. Owners shall prevent their pets from soiling all portions of the Conunon Area where other persons customarily walk. Section 7.6. Garbage and Refus8 Disposal: All rubbish, trash and garbage shall be regularly removed from the Property, and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. All equipment, garbage cans, woodpiles, or storage piles shall be kept screened and concealed from view of other Units, streets and COMnon Areas. Section 7.7. Right to Lease: The respective Condominiums shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the Unit are provided customary hotel service such as room service for food and beverage, ~aid service, furnishing laundry and linen, and bellboy service. Other than the foregoing obligations, the Owners of the respective Condominium shall have the absolute right to lease same provided .that the lease is made subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration and further sub]' ect to the By-laws. THOITS, L1;HM^N 81!^NN^ AT-rOPNF.YS AT LAW 525 UNIV[r~[,ITY ^VCNUC, SlIITr: 1219 f'^LO ALTO, C^UrOR.NI^ 001,)02 -19- Section 7.8. NO Construction: No fence, hedge, wall, roof, or structure shall be erected or maintained upon the Property except as part of the original construction of the building(s), or as subsequently permitted by Declarant or the Board. Section 7.9. Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundering or drying clothes. Section 7.10. Power ECjuipTt1en t and Car ;'lain tenance: No power equipment, hobby shops, or C2r maintenance (other than emergency work) shall be permitted on the Property except with prior written approval of the Board. Approval shall not be unreasonably withheld and in deciding whether to grant approval the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception, and similar things. Section 7.11. Liability of Owners for Damage to COmJ;lon Area: The ~vner of each Unit shall be liable to the Association for all damages to the Common Area or improvements thereon caused by such Owner or any occupant of his Unit or guest. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Enforcement: The Association, or any Owner, or the City of Campbell, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and ch~rqcs now or hereafter imposed by the provisions of this Declaration, ~nd in such action shall be entitled to recover reasonable attorneys' fees as are ordered by Court. Failure by the Association or by any Owner or by the City of Campbell to enforce any covenant or restriction herein contained shall in no event THOn"S, LEHMAN (\ HANNA A'TTorna:Ys ^T LAW 525 UNIV~:R!'",ITY AveNue, SUITr: 1?19 PALO ALTOI CAlIrOftNl^ U",""02 -20- be deemed a waiver of the right to do so thereafter. Section B.2. Invalidity of any Provision: Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is situated, the validity of all other provisions and portions hereof shall remain unaffected and 1n full force and effect. Section B.3. Term: The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and shall be enforceable by the Association or the Owner of any Property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time ~hey shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners of the Condominiums, has been recorded within the year preceding the beginning of each successive period of ten (10) years, agreeing to change said covenants and restrictions in whole or in part. Section B.4. ^mendments: This Declaration may be amended only by the affirmative vote of not less than seventy-five percent (75%) of ea~h class of the Condominium ~vners. Any amendment must be recorded and shall become effective upon being recorded in th~ Recorder's Office of the County of Santa Clara. Section 8.5. Encroachment Easements: Each Condominium within the Property is hereby declared to have an easement over all adjoining Condominiums and the Common ^rea for the purpose of acconunodo.ting any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any THOITS, l.FllMAN A HANN^ ATTorH'H:YG AT LAW 525 UN ,V[ r~ :....1 TY AV( NlI f" J Su IT r: 1219 P^I.Q ALTO, C^urORNIA D....:\O;! -)1- way by said encroachment, settlement or shifting; provided, however, that 111. no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the wilful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Condominium agree that minor encroachments over adjoining Condominiums or Common Area shall be permitted and that thure 511<:111 be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.6. Mortgage ProT9ction Clause: No breach of any of the covenants, conditions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall defeat or render invalid the lien of any mortgage or deed of trust on any Unit made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise. Section 8.7. Owner's Right and Obligation to Maintain and Repair: Except for those portions of the Project which the Association is required to maintain and repair each Unit Owner shall, at his sole cost and expense, maintain and repair his Unit, and shall maintain the landscaping within the private patio area appurtenant thereto which is part of the Restricted Comnon Area, keeping the same in good condition. Unit Owner shall keep those portions of the restricted Common Area to which he has exclusive casement rights clean and neat. Each Owner shall have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, c8ilings, floors, windows and doors bounding his Unit. In the 8vent an Owner fails to maintain the interior of his Unit or the landscaping within his private patio area in a manner which the Board deems nece,"~scJ.ry to preserve the aopearance and value of the Property, the - . Board may notify Owner of the work required and request it Each THOITS, I.UIMAN () llANNA Al.To~nH:'I".:.. AT LA\V 52S UNIVL~~.ITY AVCtJUL, SUITe 1219 r^LO ^L'ro, C^UrORNII'\ O"'.lO~-~ -/./.- be done within sixty (60) days from the giving of such notice. In the event Owner fails to carry out such maintenance within said period, the Board may cause such work to be done and may specially assess the cost thereof to such Owner, and, if necessary lien his Unit for the amount thereof. Section 8.8. Entry for Repairs: The Board or its agents may enter any Unit when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible. Such entry shall be made with as little inconvenience to the ~vner as practicable and any damage caused thereby shall b2 repaired by the Board at the expense of the ^ssociation. Section 8.9. Insurance; Dam&ge or Destruction: In the event of damage to or destruction of ~ny Unit, the Owner shall reconstruct the same as soon as reasonably practicable, and substantially in accord with the original plans and specifications therefor. The Association shall obtain and continue in effect, a master policy of property and liability insuYdnc8 (including fire, extended coverage, vandalism, malicious rr.ischief, and liability, and, if necessary workmen's co~)ensation coverage) in form and amounts satisfactory to the Board and to mortgagees holding first mortgages covering Condominiums but without prejudice to the right of the Owner of a Condominium to obtain individual Condominium insurance. Insurance premiums for the master policy shall be a cownon expense to be included in the monthly assessments levied by the Association; and the portion of such payments necessary for the insurance premiums shall be held in a separate account of the Association and shall be used soleJ.y for the payment of the master insurance policy premiums as such premlums become due. If any of the Project improvements are damaged by fire or other casualty, lnsurance proceeds payble to the ^ssociation (if any) shall be used to rebuild or repair such damage substantially in accordance with the original plans and specifications therefor. Custom-built items added THOll'S, LEHMA1'-; 8 H/,NNA ATTQr"1'I-.JCVS AT LAW 525 UNlvr.r<l:::-,ITY ^Vr:NUC, SUITE 1219 rAlO ^LTCl, C^l.IrORNI^ 0F130? -23- by Owners to their Units shall be rebuilt or replaced at the expense of Owners or their insurers. lI.ny excess insurance proceeds shall be deposited to the general funds of the Associiltion. In the event the proceeds of the l\ssociation I s insurance policy are i.nsufficient to rebuild or repair a Unit or Units, and the Owner or Owners of said Unit or Units do not have suffi.cient funds, whether insurance proceeds or personal funds, to rebuild and restore said Unit or Units, then the Association may use funds from its account or if necessary from levying a special assessment on all Unit Owners (or on those responsible as provided in Sections 5.2) to restore or rebuild said Unit or Units. In the event the property subject to this Declaration is totally or substantially damaged or destroyed, the repair, reconstruction or disposition of the property and insurance proceeds shall be as provided by an agreement approved by more than fifty-one percent (51%) of the votes as such voting interests are established in this DeclC1ration. In addition to the master liability policy which the Association shall carry, each Unit Owner shall carry personal liability insurance covering damage to property or injury to person of others within the Project resulting from negligence of the Owner or his agents, in amount not less than $100,000 for each occurrence. All property and liability insurance carried by the Association or the Owners shall contain provisions whereby the insurer waives rights of subrogation as to ,the Association, and any members, their guests, agents and employees. Sect~on 8.10. Condemnation: In the event of any taking of any Unit 1n the Project by eminent domain, the Owner of such Unit shall be entitled to receive the award for such taking and after acceptance thereof he and his mortgagee shall be divested of all interest in the Project if such Owner shall vacate his Unit as a result of such taking. A majority of the remaining Owners shall decide by majority vote whether to rebuild or repalr the Project, or tiJ.)~8 other action. The remaining THOITS. LLlIMAN I) HANI'.iA ^"TOONf:YS AT L^W 52& UNIVt.f~Slry AVCNUL, SUITr: 1219 r^LO ^l1'O, C^l.IrOR.NI^ O"'.10~ -2-1- portion of the Project shall be resurveyed, if necessary, und t.he Declaration shall be amended to reflect such taking and to proportionately readjust the percentages of value of the remaining Owners in the Project. Section 8.11. Limitation of Restrictions on Declarant: Declarant is undertaking the task of converting the Project to a condominium. The completion of that task and the sale, rental, and other disposal of said Condominium Units is essential to the establishment and welfare of said property as a residential con~unity. In order that said task may be completed and said property be established as a fully occupied residential cornmunity as rapidly as possible, nothing ln this Declaration shall be understood or construed to: A. Prevent Declarant, its contractors, or subcontractors from doing on the Property or any Unit, whatever is reasonably necessary or advisable in connection with the completion of said task; or B. Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts of the Property, such structures as may be reasonable and necessary for the conduct of its business of completing said task and establishing said property as residential community and disposing of the same in parcels by sale, lease or otherwise; or C. Prevent Declarant from conducting on any part of the Property its business of completing said task and of establishing a plan of Condominium ownership and of disposing of said Property in Condominium Units by sale, lease or otherwise; or D. Prevent Declarant from maintaining such sign or signs on ~ny of the Property as may be necessary for the sale, lease or disposition thereof. So long as Declarant, its successors and assigns, owns one or more of the Condominiums established and described herein, Declarant, its successors and assigns, TIIOll'.\ LEIIMAN B IIANNA ^T10r~N!-:::'Y:, AT LAW 525 UNIVrn~.ITY AVCNUE, r,UITC 17.19 rAtO ^1.TO, CALlI OftNI^ n.l.)l);~ -25- shall be subject to the provisions of this Declaration and Declarant covenants to take no action which would adversely affect the rights of the Association with respect to assurances against latent defects in t~e property or other rights assigned to the Association by reason of the establishment of the Condominiums. Section 8.12. Termination of any Responsibility of Declarant: In the event Declarant shall convey all of its right, title and interest in and to the property to any partnership, individual or individuals, corporation or corporations, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or individuals, corporation or corporations, shall be obligated to perform all such duties and obligations of the Declarant. Section 8.13. Owners' Compliance: Each Owner, tenant or occupant of a Condominium shall comply with the provisions of this Declaration, the By-Laws, decisions and resolutions of the Association or its duly authorized representative, all as .lawfully amended from time to time, and failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration or in the By-Laws, shall be deemed to be binding on all Owners of Condominiums, their successors and assigns. Section 8.14. Notices: Any notice permitted or required hereunder may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered seventy- two (72) hours after a copy of the s ;:lTne has been depos i ted in the United States mail, postage prepaid, addressed to each person at the current address given by such person to the THOIl".S, I.EHM..\N 8 HANNA ATTonNEYS AT LAW 525 UNIVLRSITY ^VENUC, ~UITC 1219 "'^LO AI.Tv, CAUFOR.NI^ tJ4:102 -2G- Secretary of the Board or addressed to the unit of such person if no address has been given to the Secretary. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this Declaration this day of , 19 VALLEY FORGE WAY #1, A Limited Partnership By Robert H. Jones, General Partner Sharon G. Borg ) ) ) SSe STATE OF CALIFORNIA COUNTY OF On , 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert H. Jones known to me to be a general partner of the limited partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. WITNESS my hand and official seal. Notary State of California STATE OF CALIFORNIA SSe COUNTY OF On , 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sharon G. Borg known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. Notary State of California THOITS, LLHM^N 8 H^NN^ ATTORNrv!'; AT LAW 525 UNIVER~;ITY AVfNUE., SUITE 1?19 PALO ALTO, C/,L1 rOR.Nl^ 91130;> -27- Eure)~a Auxilliary Corporation, a corporation, as trustee, hereby approves the foregoing Declaration and subordinates the deed of trust of which it is trustee thereto. EUREKA AUXILLIARY CORPOqATION, A Corporation By STATE OF CALIFORNIA ) ) ) SSe COUNTY OF On , 19 , before me, the undersigned, a Notary Public ln and for sara-county and State, personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITiJESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary State of California Valley Title Company, a corporation, as trustee, hereby approves the foregoing Declaration and subordinates the deed of trust of which it is trustee thereto. VALLEY TITLE COMPANY, A Corporation By STATE DF CALIFQR~IA COUNTY OF SSe On , 19 , before me, the undersigned, a Notary Public ln and for said county and State, personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certifcate first above writter. THOITS, LEHMAN A HANNA ATTOr?NEYS AT LAW 525 UNIVlHSITY AVEI-JUC, SUITE 121f) rAte ALTO, C/\1I10RNI^ ~1.'130~ Notary State of California -28- Investor's Servlcc Company of California, Inc., a California corporation, as trustee, hereby approves the foregoing Declaration and subordinates the deed of trust of which it is trustee thereto. INVESTOR'S SERVICE COHPANY OF CALIFOm~IA, INC., A California Corporation By ) ) ) SSe STATE OF CALIFORNIA COUNTY OF On , 19 , before me, the undersigned, a Notary Public In and for said County and State, personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary State of California Eureka Financial Corporation, a corporation, as trustee, hereby approves the foregoing Declaration and subordinates the deed of trust of which it is trustee thereto. EUREKA FINANCIAL CORPORATION, A Corporation By STATE OF CALIFORNIA SSe COUNTY OF On , 19 , before me, the undersigned, a Notary Public In and for said County and State, personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Nota ry State of California THO ITS, U:HM^N II H^NN^ AT1'"onNEYS AT LAW 525 UNIVEnSITy AVENUE, SUITt 1219 rALO AlTO, C^ll rORNI^ 9430;> -29- American Securities Company, a corporation, as trustee, hereby approves the foregoing Declaration and subordinates the deed of trust of which it is trustee thereto. AMERICAN SECURITIES COMPANY, A corporation By STATE OF CALIFORNIA SSe COUNTY OF On , 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the of the corporation described in and that executed the within instrument, and also known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary State of California THO ITS. Lr.HMAN A HANNA ATTORNf:VS AT LAW 525 UNIVeRSITy AV[NU[ I SUITE 1219 P^LO AlTO, C^L1rnRNIA ~).tI~02 -30-