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1207 Smith Ave. (84-03) CITY C...ERK PLEASE COLLECT AND RECE I PT FCR 'I'1iE FOLLOWING MONIES 3372 PLAN EXAM I NA T I QoI AND CC>>ISTRUCT I QoI I NSPECT I QoI FEE (7'110 OF VALUE) 3372 TENTATIVE PARCEL MAP FILING FEE ('300) 3372 TENTATIVE TRACT MAP FILING FEE ,('290) U72 FINAL PARCEL MAP FILING FEE ( SIn) 3372 FINAL TRACT MAP FILING FEE (.275) 3372 VACATIQoI OF PUBLIC STREETS AND EASEMENTS ('455) 1372 ASSESSMENT SEGREGATIQoI CR REAF'PORT I OMofENT ( '420 FCR FIRST PLUS '130 EACH ADDITIQoIAL) TO: ACCT. 3372 ~ - 9 3373 3373 3373 U73 U72 3373 n21 3521 3521 3520 3510 r... ,....... ~. LJ l ~4,6 ./" ITEMS AMOUNT ENVIRONMENTAL ASSESSMENT (,420) STORM DRAINAGE AREA FEE PER ACRE (R-I. '1.875; MULTI-RES.. '2,060; ALL~. '2.250) tOt' Lj8~ - LOT LINE AD.JUS1MENT FEE/CERTIFICATE OF CQllPLIANCE ('300) PARK DEDICATIQoI IN-LIEU FEE PER UNIT ('I,on.oo!) COP I ES OF ENe; I NEER I JIG MAPS AND PLANS ('. 50 PER SQ. FT.) WCRK AREA TRAFF I C CON"nlOL HANDBOOK (' 2 ); ADD 1 T I QNAL {". I 0 , PRO.JECT PLANS AND SPECIFICATIC>>IS ('10) MAP REV IS I C>>IS TO MAP COPAN I ES ,('1 0 ) EXCAVATICH PERMIT APPLICATIQoI FEE (.n) tOP - "3 2.CJJ GE'NERAL Ca-IDITIONS. STD. PROVISIONS a DETAILS ('10; OR 'I/PG) CASH DEPOS I T F AI nlFUL PERFORMANCE DEPOS I T MA I NTENANCE a'JN) DEPOS 1 T FIRE HYDRANT MAINTENANCE ('115/EA) POSTAGE O'IHER TOTAL . "3 (I )>- ~ - NAME-I"1 L) K pro f'er--t-\6 ADDRESS '38-~ s. "E~~boJ I i of - r2/.::J ZIP i S-I 25 fl'HOr'E . ~ )"-\---- FCR CITY CLERK QoIL y RECE I PT NO. ^ (P D (!J ,;;2. AMOf.I\IT PA I D 15 3 7 7 S- (!J 3P JllECE I VED BY c:L ;yn DATE /0 - / J- - ~ "ULY 1184 P.W. FILE, NO. TO: CITY CLERK PLEASE COLLECT AND RECE I PT FCR 'I1iE FOLLOW I NG MeN I ES ACCT. ITEMS 3372 ENVIRONMENTAL ASSESSMENT (,420) 3370 STORM DRAINAGE AREA FEE PER ACRE (R-I, '1,875; MULTI -RES., '2,060; ALL O'IHER. '2,250 ) 3372 PLAN EXAMINATIQoI AND CC>>ISTRUCTIQoI INSPECTIQoI FEE (7'" OF VALUE) 3372 TENTATIVE PARCEL MAP FILING FEE { '300) 3372 TENTATIVE TRACT MAP FILING FEE (,290) / 3~ C- 3372 FINAL PARCEL MAP FILING FEE ( 'U'5) FINAL TRACT MAP FILING FEE ($275) VACATIQoI OF PUBLIC STREETS AND EASEMENTS ($455) ASSESSMENT SEGREGA T I QoI CR REAF'PORT I OMofENT( $ 420 FCR FIRST PLUS. $130 EACH ADDITIQoIAL) LOT LINE AD.JUS1MENT FEE/CERTIFICATE OF Ca.tPLIANCE 1$300) PARK DEDICATIQoI IN-LIEU FEE PER UNIT ($I,097.00!) COP I ES OF ENG I NEER I NG MAPS 'AND PLANS ($.50 PER SQ. FT.) WORK AREA TRAFF I C CONTROL HANDBOOK ($ 2 ); ADD I T I ONAL ($'. 50 , PRO.JECT PLANS AND SPECIFICATIC>>IS ('10) MAP REV I S I QoIS TO MAP CC'JIlIPAN I ES ,('1 0 ) 3372 3372 3372 3395 3373 3373 3373 3373 3372 EXCAVATION PERMIT APPLICATIQoI FEE ($35) GFNERAL CQoID I T I QoIS, sm. PROVl S I ONS Be DETA I LS ($10; CR $I/PG) 3373 3521 CASH DEPOS I T 3521 F AI THFUL PERFORMANCE DEPOS I T 3521 MA I NTENANCE BOND DEPOS I T FIRE HYDRANT MAINTENANCE ,($195/EA) 3520 3510 POSTAGE O'l1iER TOTAL NAME_IV] Cl K, f'Vb ADDRESS llro ( V ~(( ,~~~ Q v..L-> PHONE / ~--~d( FOR CITY CLERK QoILY ;<~70 l:2 -~ afl IJ 7 - ,2 ( <- 151 RECEIPT NO. ~ PAID RECE I VED BY DATE' AMOUNT c:r-P 2.7) -- $ -Z 7 Jr e.-O --. ZIP .JULY 1184 \ TO: CITY CL.EIIK ",,"1:AIII:..c:ou.ECl' AM) ..a IPT Fell ".. frOLLClWf_ lION I ES . ... FILE' NO. N/A- Acc:T . ITEMS JIMnIINT U7Z PRELIMINARY EHVIIIOMENTAL IMPACT REPORT FEE ('200) 3370 STCRM DRAINAGE AREA FEE PER ACRE (R-I, '1,871; MULTI-RES., '2 ,oee; ALL OTHER" '2,250) 3"2 PLAN EXAMINATIQoI AND CC>>iSTRUCTIQoI INSPECTIQoI FEE (7'110 OF VALUI:) TENTATIVE PARCEL MAP FILING FEE ($ZIO) TENTATIVE TRACT MAP FILING FEE ('240) QV 250 ~ 3372 3372 FINAL PARCEL MAP F I LING FEE ( $ 23 0 ) !372 FINAL TRACT MAP FILING FEE ($230) 3372 VACATIQoI OF PUBLIC STREETS AN) EASEMENTS ('380) 137 Z ASSESSMENT SEGREGAT I QoI at REAPPClRT I OMofENT ,('350 FCR FIRST PLus. '11 o EACH ADDITIQoIAL) 3372 LOT LINE AD.JUSTMENT FEE/CERTIFICATE OF COMPLIANCE ('210) 3315 PARK DEDICATION IN-LIEU FEE PER UNIT ('I,OI2.00!) 3373 COPIES OF ENGINEERING MAPS AND PLANS ($.10 PER SQ. FT.) 3373 WORK AREA TRAFF I C CONTROL HANDBOOK ($ 2 ); ADD I T I QNAL (".10 , 3373 PRO.JECT PLANS AND SPECIFICATIONS ('10) 3372 EXCAVATION PERMIT APPLICATIQoI FEE ($3S) 3373 GFNERAL CQoIDITIC>>IS, STD. PROVISIONS Be DETAILS ('10; CR 'I/PG) 3521 CASH DEPOSIT 3521 FAITHFUL PERFORMANCE DEPOSIT 3521 MA I NTENANCE BOND DEPOS I T 3520 FIRE HYDRANT MAINTENANCE ($195/EA) 3510 POSTAGE O'IHER TOTAL 00 $ 2..51CJ NAMEJ'\ c, -e.. ADDRESS J /" I ?v 0 fZ'-'=-+ ;.,. J -Pt-II A Yo PHONE COl~~~J(, (4. ZIP 7SDOK DATE dd.7~1 ~ ~() Q.Q Cv 0/1~J~<f FCR CITY CLERK QoIL y RECEIPT NO. AMOl.Nr PAID RECE J VED BY .JULY 1983 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS SMITH AVENUE CONDOMINIUMS CAMPBELL, CALIFORNIA ENABLING DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION, made on the date hereinafter set forth, by a California Joint Venture, consisting of DOUG RODRIGUES, JERRY GREEN, and MARC L. MENGO, 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 in Exhibit "A", attached and incorpor- ated by reference herein; B. Declarant has improved, or intends to improve, said proper- ty by constructing thereon THREE (3) residential units, and intends to establish a condominium under the provisions of the California Condominium Act, providing for separate title to each unit within said project, each unit to have an undivided interest in all por- tions of the remaining property; C. The development shall be referred to as "the project", as defined in Article I; D. 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; E. Declarant hereby establishes, by this Declaration, a plan for the individual ownership of the real property estates, consist- ing of the area of space contained in each unit, as well as, the co-ownership by the individual owners as Tenants in Common, and as hereinafter set forth, of all condominium common areas, which are hereinafter defined and referred to as "the common area"; NOW, THEREFORE, Declarant hereby declares that the hereinafter described property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, res- trictions, and easements, all of which are imposed as equitable servitudes pursuant to a general plan for the development of the property 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 improvements of the property, and the division thereof. J. Recording Requested By: MGR PROPERTIES When Recorded Mail To: MGR PROPERTIES 1161 Dell Avenue Campbell, California 95008 TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS SMITH AVENUE CONDOMINIUMS, CAMBELLL, CALIFORNIA ENABLING DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP Introductory Paragraphs A through E ARTICLE I - Definitions 1. 01 1 ,02 1 .03 1. 04 1. 05 1 .06 1 ,07 1 ,08 1. 09 1 , 10 1 , 1 1 1 ,12 1.13 1 , 14 1 . 15 1. 16 1. 17 1. 18 1. 19 1 .20 1 .21 1 .22 1.23 1. 24 1. 25 1. 26 Articles Assessment Association Board Bylaws Common Area Common Expenses Common Interest Condominium Condominiun Building Condominium Common Area Condominium Documents Condominium Plan Declarant Declaration Eligible Holder Mortgages Eligible Mortgage Holder Eligible Insurer or Guarantor First Lender Map t1ember Mortgage Mortgagee Mortgagor Owner or Owners Person i 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 1 .2'( 1.28 1. 29 1 ,30 1. 31 1 ,32 1. 33 1. 34 1. 35 Project Project Documents Property or Properties Recreational Common Area Restricted Common Area Share Unit Unit Designation Singular and Plural 4 4 4 4 5 5 5 5 5 ARTICLE II - Description of Project, Division of Property, and Creation of Property 2,01 2.02 2,03 2,04 2,05 2,06 Description of Project Division of Property A, Units B. Common Areas C. Restricted Common Areas Partition Prohibited Annexation of Additional Parcels Reservation of Easements Restrictions of Transfer 5 5 5 5 6 6 6 6 6 7 ARTICLE III - Association, Administration, Membership, and Voting Rights 3,01 3,02 3.03 3,04 Association to Manage Common Areas Membership Transferred Membership Membership Classes and Voting Rights Class A Class B 7 7 7 8 8 8 8 ARTICLE IV - Maintenance and Assessments 8 4.01 4,02 4,03 4,04 4.05 4,06 4,07 4.08 4.09 Creation of the Lien and Personal Obligation of Assessments Purpose of Assessments Annual Assessment Special Assessments for Capital Improvements or Extraordinary Expenses; Reserves for Replacement; Trust Funds Notice and Quorum for any Action Authorized Under Sections 4,03 and 4,04 Division of Assessments Date of Commencement of Annual Assessment: Due Date Effect of Nonpayment of Assessments Transfer of Unit by Sale or Foreclosure 8 9 9 10 11 11 1 1 11 11 ii 4,10 4 , 11 4. 12 Priorities; Enforcement; Remedies Unallocated Taxes Exemption From Assessments 12 13 13 ARTICLE V - Duties and Powers of the Association 5,01 Duties A. Maintenance B, Insurance C. Discharge of Liens D, Assessments E, Payment of Expenses F, Enforcement 13 13 14 14 14 14 14 14 5.02 Powers A, Manager B, Adoption of Rules C. Access D. Assessments, Liens, and Fines E, Enforcement F. Acquisition and Disposition of Property G, Association's Duties 14 15 15 15 15 15 15 ARTICLE VI - Use Restrictions 6,01 6,02 6.03 6.04 6.05 6.06 6.07 6.08 6,09 6. 10 6 , 11 6. 12 6.13 6, 14 Condominium Use Nuisances Signs Animals Garbage and Refuse Disposnl Radio and Television Antennas Right to Lease Architectural Control Drapes Clothes Lines Power Equipment and Car Maintenance Liability of Owners for Damage to Common Area Basketball Standards Parking Spaces; Storage 16 16 16 16 16 17 17 17 17 19 19 19 19 19 19 ARTICLE VII - General Provisions 7 ,01 7.02 7.03 7,04 7,05 Enforcement Invalidity of any Provision Term Amendments Encroachment Easements 19 19 20 20 20 20 iii 7,06 7,07 7.08 7,09 7 , 10 7 , 11 7 , 12 ~( ,13 7 , 14 7 . 15 7 , 16 Rights of First Lenders A. Copies of Project Documents 8. Notice of Action C, Consent to Action D, Right of First Refusal E. Contracts F. Reserves H, Distribution of Insurance or Condemnation Proceeds I. Restoration or Repair J. Termination K, Reallocation of Interests L, Termination of Professional Management 21 21 21 21 23 23 23 24 24 24 24 24 Owner's Right and Obligation to Maintain and Repair 25 Insurance: Damage or Destruction Condemnation Limitation of Restrictions on Declarant Termination of any Responsibility of Declarant Owners' Compliance Notice Special Provisions Relating to Enforcement of Declarant's Obligation to Complete Common Area Improvements Fair Housing FHA/VA Approval 25 30 30 31 32 32 32 33 33 EXHI BIT A Property Description/Parcel Map EXHIBIT B Civil Code Section 1351 EXHIBIT C Percentages of Common Area lV DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS SMITH AVENUE CONDOMINIUMS CAMPBELL, CALIFORNIA ENABLING DECLARATION ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP THIS DECLARATION, made on the date hereinafter set forth, by MGR PROPERTIES, a California Joint Venture, consisting of DOUGLAS p, RODRIGUES, GERALD H, GREEN, and MARK L, MENGO, hereinafter referred to as "Declarant," is made with reference to the fol- lowing 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 in Exhibit "A," attached and incorporated by reference herein; B, Declarant has improved, or intends to improve, said property by constructing thereon THREE (3) residential units, and intends to establish a condominium under the provisions of the California Condominium Act, providing for separate title to each unit within said project, each unit to have an undivided interest in all portions of the remaining property; C, The development shall be referred to as "the project," as defined in Article I; D, 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; 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 unit, as well as the co-ownership by the individual owners as Tenants in Common, and as hereinafter set forth, of all condominium common areas, which are hereinafter defined and referred to as "the common area;" NOW, THEREFORE, Declarant hereby declares that the hereinafter 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 imposed as equitable servitudes pursuant to a general plan for the development of the property 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 improvements of the property, and the division thereof, into condominiums. All of the limitations, covenants, condi- tions, restrictions, and easements shall constitute covenants which shall run with the land and shall be binding upon Declarant, and its successors and assigns, and all parties having, or acquiring, any right, title, or interest in, or to, any part of the property or the project, ARTICLE I Definitions 1,01 "Articles" shall have no meaning, as this is an unincorporated association, 1.02 "Assessment" sha 11 mean that portion of the cost of maintaining, improving, repairing, operating, and managing the property, which is to be paid by each unit owner, as determined by the Association. 1.03 "Association" shall mean and refer to the SMITH AVENUE ASSOCIATION, an unincorporated association, the members of which shall be owners of condominiums in the project, 1,04 "Board" sha 11 mean and refer to the governing body of the Association, 1.05 "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time, 1.06 "Common area" shall mean and refer to all of the property, title to which is held by all of the owners in common. The common area includes, without limitations: land and other amenities; parking and driveway areas; trash enclosures; garage and carport areas; exterior stairs, decks, balconies, patios, and storage areas; bearing walls, columns, girders, ceiling joists, subfloors, unfinished floors, roofs, and foundations; water heaters, reservoirs, tanks, pumps, motors, ducts, flues and chutes, conduits, pipes, plumbing, wires, and other utility in- stallations, except the outlets thereof when located within the unit, and excepting utility installations located within a unit, required to provide power, light, telephone, gas, water, sewerage, drainage, and air-conditioning; interior sprinklers, sprinkler pipes, and sprinkler heads which protrude into the airspace of a condominium unit, and other built-in fire protec- tion devices and equipment; exterior sprinklers and sprinkler pipes; and central television antennas or cable television installation. 1.07 "Common expenses" means and includes the actual and estimated expenses of operating the common area, and any reasonable reserve for such purposes, as found and determined by the Board, and all sums designated common expenses by, or pur- suant to, the condominium documents. 2 1,08 "Common interest" means the proportionate undivided interest in the common area which is appurtenant to each condo- minium unit, as set forth in this Declaration. 1.09 "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 shall include the ownership of a unit, and in the respective undivided interest in the condo- minium common area, common area of the particular Lot in which the unit is located, membership in the Association, and a nonex- clusive easement for ingress and egress over the common areas that are not a part of the condominium building, Each unit shall be a separate freehold estate, consisting of the space described and defined in Section 2.02A, Each unit includes the portions of the structure so described and the airspace so encompassed. Each unit shall include the "restricted common area" rights, if any, assigned to the unit in this Declaration and/or in the Condo- minium Plan. 1,10 "Condominium building" shall mean a residential structure containing condominium units, designated "Building" on the Condominium Plan, The condominium buildings include the condominium units and condominium common area, 1,11 "Condominium common area" shall mean and refer to all of the property, excepting the individual condominium units, and excepting the land within the outside perimeter walls of the condominium building described on the Map, excluding patios and decks, 1.12 "Condominium documents" shall mean the same as "project documents." 1,13 "Condominium plan" shall mean and refer to the recorded diagrammatic floor plan of the units built, which identifies each unit and shows its dimensions, pursuant to Civil Code Section 1351, a copy of which is attached hereto as Exhibit "B," 1,14 "Declarant" shall mean and refer to MGR PROPERTIES, its successors, and assigns. 1,15 "Declaration" shall mean and refer to this Enabling Declaration, as amended or supplemented from time to time, 1.16 "Eligible holder mortgages" shall mean mortgages held by "eligible mortgage holders," 1.17 "Eligible mortgage holder" shall mean a first lender who has requested notice of certain matters from the Association, in accordance with Section 7.06B. 1.18 "Eligible insurer or guarantor" shall mean an insurer or governmental guarantor of a first mortgage who has requested 3 notice of certain matters from the Association, in accordance with Section 7.06B, 1,19 "First lender" shall mean any person, entity, bank, savings and loan association, insurance company, or financial institution holding a recorded first mortgage on any condominium unit. 1.20 "Map" shall mean and refer to that Parcel Map, a copy of which is attached hereto as Exhibit "A." 1.21 "Member" shall mean and refer to a person entitled to membership in the Association, as provided herein, 1.22 "Mortgage" shall inc 1 ude a Deed of Trust, as well as a mortgage, 1,23 "Mortgagee" shall include a beneficiary or a holder of a Deed of Trust, as well as a mortgagee, 1,24 "Mortgagor" shall inc 1 ude the Trustor of a Deed of Trust, as well as a mortgagor. 1,25 "Owner" or "Owners" shall mean and refer to the record holder, or holders, if more than one, of title of a condo- minium in the project, This shall include any unit person having a fee simple title to any unit, but shall exclude persons or entities having any interest merely as security for the per- formance of an obligation, If a unit is sold under a recorded contract of sale, the purchaser, rather than the fee owner, shall be considered the "owner," 1,26 "Person" means a natural person, a corporation, a partnership, a trustee, or other legal entity, 1,27 "Project" shall mean and refer to the entire real property above described, including property annexed, or to be annexed, including all structures and improvements erected, or to be er ec ted, thereon, 1.28 "Project documents" shall mean this Declaration, as amended from time to time, the Exhibits, if any, attached hereto, together with the other basic documents used to create and govern the project, including the Map, the Bylaws of the Association, and the Plan, but excluding unrecorded rules and regulations adopted by the Board of the Association, 1,29 "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 u sed in conn ec t ion wi th, the condomin i urn. 1,30 "Recreational common area" shall mean and refer to any subsequently annexed recreational common area parcels, and all improvements thereon, 4 1,31 "Restricted common area" shall mean and refer to those portions of the common area set aside for exclusive use of a unit owner or owners, pursuant to Section 2,02C, 1,32 "Share" means the percentages in and to the common ar'ea attributed to, and appurtenant to, each unit, as set forth in Exhibit "C," 1,33 "Unit" shall mean and refer to the elements of the condominium, as defined in Section 2,02A, which are not owned in common with the owners of other condominiums in the Project, 1.34 "Unit designation" means the number, letter, or com- bination thereof, as shown on the Condominium Plan, Each unit is identified separately on the Condominium Plan, 1,35 "Singular and plural:" The singular and plural number, and masculine, feminine, and neuter gender, shall each include the other where the context requires, ARTICLE II Description of Project, Division of Property, and Creation of Property Rights 2.01 Description of Project: The project consists of the underlying real property, with condominium units and all other improvements located thereon. Declarant will construct upon the premises a tri-plex, which is two stories in height, divided into THREE (3) units, 2,02 Division of Property: The property is hereby divided into the following separate freehold estates: A, Units: Each of the units, as separately shown, numbered, and deSlgnated in the Condominium Plan, consists of the space bounded by, and contained within, the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows, win- dow frames, doors and door frames and trim, of each unit, each of such spaces being defined and referred to herein as a "unit," Bearing walls located within the interior of a unit are common area, not a part of the unit, except for the finished surfaces thereof, Fireplaces are included within the units, Chimneys and flues are common area, Exposed beams in ceilings shall not be part of a unit, Each unit includes the utility installations located within its boundaries that the owner has exclusive use of, including, without limitation: hot water heaters, space heaters, lighting fixtures, and air-conditioning units which are located entirely within the unit they serve, Each unit includes 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 1,06. Each unit is subject to such encroachments as are contained in the building, whether the same now exists or may be later caused or created in any manner, In interpreting Deeds and Plans, the then 5 existing physical boundaries of a unit, whether in its original state or reconstructed in substantial accordance with the origi- nal 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 of the building, For any garages within the unit, and should said garage walls contain an exposed stud wall and/or exposed stud ceiling, the face of the studs are common area. B, Common Areas: The remainder of the property constitutes, and shallbereferred to herein as, "common area" or "common areas," and includes, without limitation, all of the elements set forth in Section 1.06, C. Restricted Common Areas: The following described portions of the common area, referred to as "restricted common area," are hereby set aside and allocated for the exclusive use of the owner of the unit to which they are appurtenant and/or attached, as shown on the Condominium Plan: patio, designated "PTi" parking space, designated "Pi" balcony, designated "Bi" storage space, designated "Si" yard, designated "Yi" and deck, designated "D," 2,03 Partition Prohibited: The common areas shall remain undivided, as set forth above. Except as provided by California Civil Code Section 1354, 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, and division of the sale proceeds, is not prohibited hereby, but partition of title to a single unit is prohibited, 2,04 Annexation of Additional Parcels: Additional parcels may be annexed to, and become subject to, this Declaration with- out the necessity of amending individual sections hereof, 2.05 Reservation of Easements: Declarant does not contem- plate that there will be another compatible developmenti however, should an annexation of an adjacent lot (Lot Two), be made, pursuant to Paragraph 2,04, it shall be subject to the terms of this Declaration, and thereby become subject to the jurisdiction of the Association, Declarant hereby reserves to itself, its successors, and assigns, the right to, and agrees that it will, grant to the owners of adjacent condominium units, nonexclusive easements for ingress and egress and construction activities over the common area of Lot One that is not a part of a condominium building, Declarant further agrees that it will reserve to itself, its successors, and assigns, the right to grant, and covenants and agrees that it will grant, to the owners of condo- minium units in Lot One, nonexclusive easements for ingress and egress over the common area of Lot Two that is not a part of a condominium building upon annexation of Lot Two, pursuant to Section 2,04, 6 2.06 Restrictions of Transfer: In the event a unit owner shall wish to sell his unit, and shall have received a bona fide offer therefor from a prospective purchaser, he shall give writ- ten notice of such offer, together with an executed copy of the offer, to the Board of Directors of the Association, The Board, acting on behalf of all of the other unit owners, may purchase said unit at the same price and on the same terms as offered by the proposed purchaser, provided written notice of such election to purchase is given to the selling owner, and a matching down payment or deposit is provided to the selling owner, during the FIFTEEN (15) DAY period immediately following the delivery of the notice of the offer, and a copy thereof, to the Board, In the event any owner shall attempt to sell his condominium without offering the Board the right of first refusal herein provided for, such sale shall be null and void, If the Board fails to so notify owner within said FIFTEEN (15) DAYS, owner may sell to said purchaser in accordance with said terms, The failure or refusal of the Board to exercise the right of first refusal shall not constitute a waiver of such right to purchase the unit when the owner receives any subsequent bona fide offer from a prospective purchaser, or receives an offer containing different terms and conditions. The right of first refusal reserved herein shall not affect the right of any owner to subject his condominium unit to a Deed of Trust, mortgage, or other security instrument, Any institutional lender coming into the possession of a unit pursuant to the remedies provided in a mortgage or foreclosure or Deed in lieu of foreclosure, shall be exempt from any right of first refusal, A unit owner may sell or give his apartment unit to his spouse, his children, his parents, or his brothers and sisters, or to a trust, or trusts, created for the benefit of any one or more of them, without first offering to sell the unit to the Board, These restrictions on transfer shall terminate auto- matically SIXTY (60) YEARS following the recording of this Declaration, ARTICLE III Association, Administration, Membership, and Voting Rights 3,01 Association to Manage Common Areas: The management of the common area shall be vested in the Association, in ac- cordance with its Bylaws, 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 and the Bylaws of the Association, 3.02 Membership: The owner of a unit shall automatically, upon becomi ng the owner of same, be a member of the Assoc i a t ion, and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically cease, Membership shall be 7 held in accordance with the Articles and Bylaws of the Association. 3,03 Transferred Membership: Membership in the Associ- ation 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, in the case of an encumbrance of such unit. Upon death of a member, his membership passes automatically, along with title to his unit, to his heirs. A mortgagee does not have membership rights until he becomes an owner, by foreclosure or Deed in lieu thereof, Any attempt to make a prohibited trans- fer is void, No member may resign his membership, 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 thereupon any old membership outstanding in the name of the seller shall be null and void, 3,04 Membership Classes and Voting Rights: The Asso- cia t ion sh a 111iaveTiJoT2')- c 1 a sses-ofvotT"ng-mem b ers hip: .f.!.~~~. C 1 ass A me m be r s s hall be allow n e r s, wit h the exception of the Declarant, and shall be entitled to ONE (1) vote for each unit owned, 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 than one vote be cast with respect to anyone unit, Class B: Class B members 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 owned, The Class B membership shall cease, and be converted to Class A membership, when all units are sold, Any action by the Association, which must have the approval of the members before being undertaken, shall require the vote or written assent of a majority of each class of member- ship during the time that there are TWO (2) outstanding classes of membership. Where the vote or written assent of each class of membership is required, any requirement that the vote of Declarant be excluded is not applicable, except as provided in Section 7,14 hereof. Voting rights attributable to units shall not vest until assessments have been levied against those units by the Association, ARTICLE IV Maintenance and Assessments 4,01 Creation of the Lien and Personal Obligation of Assessments: The Declarant, for each unit owned within the 8 project, hereby covenants, and each owner of any unit by accept- ance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) spec ial assessments for purposes permi tted herein, such assess- ments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, penalties, fines, 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 assess- ment, Each such assessment, together wi th in terest, costs, pen- alties, fines, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the owner of such condominium at the time when the assessment fell due, No owner of a condominium may exempt himself from liability for his con- tribution towards the common expenses by waiver of the use of, or enjoyment of, any of the common areas, or by the abandonment of his condominium, 4.02 Purpose of Assessments: The assessments levied by the Association shall be used exclusively to promote the economic interest, recreation, health, safety, and welfare of all the residents in the entire project, and for the improvement and maintenance of the common area for the common good of the project, 4,03 Annual Assessment: A, From, and after, January 1 of the year immediately following the conveyance of the first unit to an owner, the annual assessment may be increased each year by not more than TWENTY PERCENT (20%) above the maximum assessment for the previous year without a vote of the membership, B, The Board may not, without the vote or written consent of a majority of the voting power of the Association residing in members other than the Declarant, impose a regular annual assessment which is more than TWENTY PERCENT (20S) greater than the regular annual assessment for the immediately preceding fiscal year. C, Without membership approval, the Board of Directors may fix the annual assessment at an amount not in excess of the maximum, However, the annual assessment may not be decreased, either by the Board or by the members, by more than TEN PERCENT (10%) in any ONE (1) year without the approval of a majority of the voting power of the Association residing in members other than the Declarant, or, where the two-class voting structure is still in effect, a majority of each class of members, Failure by the Board to set assessments shall not be deemed a waiver of the assessments, but rather the prior year's assessment shall continue, 9 D. Subject to the limitations on the maximum and minimum amount of assessments herein provided, if, at any time during the course of any year, the Board shall deem the amount of the annual assessment to be inadequate or excessive, the Board shall have the power, at a regular or special meeting, to revise the assessment for the balance of the assessment year, effective on the first day of the month next following the date of the revision, provided that the Board may not by such action increase the assessments by more than FIVE PERCENT (5%) in the aggregate, including increases in special assessments, of the budgeted gross expenses of the Association for that fiscal year, without the consent of a majority of the voting power of the Association residing in members other than the Declarant, 4.04 Special Assessments for Capital Improvements Or Extraordinary Expenses; Reserves for Replacement; Trust Funds: The Board of Directors may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any con- struction, reconstruction, repair, or replacement of a capital improvement upon the common area, including fixtures and personal property related thereto, or for extraordinary expenses incurred by the Association, provided that, in the event special assess- ments exceed, in the aggregate, FIVE PERCENT (5%) of the budgeted gross expenses of the Association for that fiscal year, the vote or written consent of a majority of the voting power of the Association residing in members other than the Declarant shall be required to approve such assessments. Special assessments shall be levied on the same basis as regular assessments, provided that a special assessment against owners to raise funds for the re- building or major repair of the structural common area housing units of the project, shall be levied upon the basis of the ratio of the square footage of the floor area of the unit to be as- sessed to the total square footage of floor area of all units to be assessed, As part of the regular annual assessments for mainte- nance authorized above, the Board of Directors shall annually fix the amount to be contributed pro rata by each member to reserve funds for the purpose of defraying, in whole or in part, the cost, or estimated cost, of any reconstruction, repair, or re- placement of improvements, including fixtures and personal prop- erty related thereto. Such determination shall be made after consideration of the need for additional funds and of the Asso- ciation's capital position, The Board shall maintain a separate account for those funds. The Board shall fix the method of payment of such assessments, and shall be empowered to permit either 1 ump sum or mon th 1 y paymen ts. Separ a te record s sha 11 be maintained for all funds deposited to the said account, which shall be designated as a "Reserve Account." Amounts received by the Association as contributions, assessments, or dues from the owners shall be held in one or more accounts, Deposits shall be made, and funds accounted for, so that reserves for capital improvements and for replacement can be 10 clearly separated from funds for operating expenses, or repair and maintenance funds, Capital improvement and replacement funds shall be used solely for capital improvements and replacements of the common area within the project, 4.05 Notice and Quorum for any Action Authorized Under Sections 4,03 and 4.04: Any action authorized under Sections 'If:03 and 4.04, which requires a vote of the membership, shall be taken at a meeting called for that purpose, written notice of which shall be sent to all members not less than TEN (10), nor more than NINETY (90) DAYS in advance of the meeting, specifying the place, day, and hour of the meeting, and, in the case of a special meeting, the nature of the business to be undertaken. The action may also be taken without a meeting, pursuant to the provisions of California Corporations Code Section 7513, 4,06 Division of Assessments: Except as provided in Section 4.04,-aII-assessments~both-annual and special, shall be charged to, and divided among, the unit owners equally, except that portion of insurance, maintenance, and reserves applicable to the building in which each unit is located, and, in such case, such assessments shall be in proportion to the interior square feet of living space, exclusive of garage, of each unit, Assess- ments may be collected on a monthly basis. 4,07 Date of Commencement of Annual Assessment: Due Dates: The regular assessments provided for herein shall com- me~, as to all units covered by this Declaration, on the first day of the month following the closing of the first sale or the conveyance of the first condominium to an individual owner. Subject to the provisions of Section 4.03 hereof, the Board of Directors shall determine and fix the amount of the annual assessment against each unit, and send written notice thereof to every owner at least SIXTY (60) DAYS in advance of each annual assessment period, The due dates shall be estab- 1 ished 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. 4,08 Effect of Nonpayment of Assessments: Any assessment not paid within THIRTY (30) DAYS after the due date shall bear interest at the rate of FIFTEEN PERCENT (15%) per annum from the due date until paid, and shall incur a late payment penalty in an amount to be set by the Board from time to time, not to exceed the maximum permitted by applicable law. 4,09 Transfer of Unit by Sale or Foreclosure: Sale or transfer of any unit shall not affect the assessment lien. How- ever, the sale of any unit pursuant to mortgage foreclosure of a first mortgage shall extinguish the lien of such assessments, including fees, late charges, fines, or interest levied in con- nection therewith, as to payments which became due prior to such sal e or transfer, except for assessment 1 iens recorded prior to 11 the mortgage, 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 condominium, obtains title to the same as a result of foreclosure of any such first mortgage, such acquirer of title, his successors, and assigns, shall not be liable for the share of the common expenses or assessment by the Association chargeable to such condominium which became due prior to the acquisition of title to such condominium by such acquirer, except for assessment liens recorded prior to the mortgage. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the condominium owners, including such acquirer, his successors, or assigns, 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 Deeds of Trust) made in good faith and for value, Such lien, when delinquent, may be enforced by sale by the Association, its attorney, or other person authorized to make the sale, after failure of the owner to pay such assessment in accordance with its terms, such sale to be conducted in accordance with the provisions of Sections 2924-2924H 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, Fines and penalties for violations of restrictions are not assessments, and are not enforceable by assessment lien, The Association, acting on behalf of the condominium owner s, sha 11 ha v e the power to bid for the condom i n i urn a t for e- closure sale, and to acquire and hold, lease, mortgage, and convey the same, Where the purchase of a foreclosure unit will result in a FIVE PERCENT (5%), or greater, increase in assess- ments, the purchase shall require the vote or written consent of a majority of the total voting power of the Association, includ- ing a majority of members other than Declarant, During the period a unit is owned by the Association, following foreclosure: (1) No right to vote shall be exercised on behalf of the unit; (2) No assessment shall be assessed or levied on the unit; and (3) Each other unit shall be charged, in addition to its usual assessment, its equal share of the assessment that would have been charged to such unit had it not been acquired by the Asso- ciation as a result of foreclosure, Suit to recover a money j udgmen t for unpa id common ex penses, rent, and attorneys' fee s, shall be maintainable without foreclosing or waiving the lien securing the same. 12 After acquiring title to the unit at foreclosure sale, following notice and publication, the Association may exe- cute, acknowledge, and record a Deed conveying title to the unit, which Deed shall be binding upon the owners, successors, and all other parties. 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 against the units, said taxes shall be included in the assessments made under the provisions of Section 4,01, and, if necessary, a special assessment may be levied against the units in an amount equal to said taxes, to be paid in TWO (2) installments, THIRTY (30) DAYS prior to the due date of each tax installment. 4.12 Exemption From Assessments: All property dedicated to, and accepted by, a local public authority or public agency, and all property owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of California, shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments, Those units having no structural improvements for human occupancy shall be exempt from the payment of that portion of any assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of the structural improvement, The exemption may include: A, Roof replacement; B, Exterior maintenance; C, Walkway and carport lighting; D, Refuse disposal, if any; E, Cable television; F, Domestic water supplied to living units, if any; G, Insurance on uncompleted units, Any such exemptions from the payment of assessments shall be in effect only until a notice of completion of the structural improvement has been recorded or until ONE HUNDRED TWENTY (120) DAYS after the issuance of a building permit for the structural improvement, whichever occurs first, ARTICLE V Duties and Powers of the Association 5,01 Bylaws, without perform Duties: In addition or elsewhere provided limiting the generality the following duties: to the duties enumerated in its for in this Declaration, and thereof, the Association shall 1 3 A, Maintenance: The Association shall maintain, repair, replace, restore, operate, and manage all of the common area, and all facilities, improvements, furnishings, equipment, and landscaping thereon, and all property that may be acquired by the Association, Maintenance shall include, without limitation: Painting, maintaining, cleaning, repairing, and replacing of all common areas, including exterior doors, exterior glass surfaces, and landscaping, except for private patio areas designated for exclusive use, which are to be maintained by owners; balconies; and parking areas designated for nonexclusive use, The responsi- bility 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 invitees, the cost of which is not covered by insurance, The cost of repair or replacement resulting from such excluded items shall be the responsibility of each owner; pro- vided, however, that if an owner shall fail to make the repairs or replacements which are the responsibility of such owner, as provided above, then after THIRTY (30) DAYS' notice to the owner, and,a public hearing, the Association shall enter the condo- minium, if necessary, and make such repairs or replacements, and the cost thereof shall be paid immediately to the Association by the owner of such condominium, B, Insurance: The Association shall maintain such policy, or polici~-of-rnsurance as are required by Section 7.08 of this Declaration, C, Discharge of Liens: After notice and hearing, as provided in Section 4,05, the Association shall discharge by payment, if necessary, any lien against the common area, and charge the cost thereof to the member, or members, responsible for the existence of said lien. D, Assessments: The Association shall fix, levy, c 0 1 1 e c t, and e n f 0 r-c-easses s men t s, ass e t for t h i n Art i c 1 e I V hereof, E. Payment of Expenses: The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business, including, without limitation, all li- censes, taxes, or governmental charges lev ied or imposed against the property of the Association, F, Declaration, Enforcement: The Association shall enforce this 5,02 Powers: In addition to the powers enumerated in its Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall have the following powers: A, Manager: The Association shall have the authority to employ a Manager to perform all, or any part, of the duties and responsibilities of the Association, except the responsi- 14 bility to levy fines, impose discipline, hold hearings, file suit, record or foreclose liens, or make capital expenditures, provided that any contract with a firm shall not exceed a ONE (1) YEAR term, and shall provide for the right of the Association to terminate the same at the first annual meeting of the members of the Assoc i a t ion, and to term ina te the same, for cause, on THI RTY (30) DAYS' written notice, or without cause or payment of a termination fee, on NINETY (90) DAYS' written notice. B, Adoption of Rules: The Association, or the Board, may adopt reasonable rules, not inconsistent with this Declara- tion, relating to the use of the common area and all facilities thereon, and the conduct of owners and their tenants and guests with respect to the property and other owners, C, ~~~~~~: For the purpose of performing construction, maintenance, or emergency repair for the benefit of the common area or the owners in common, the Association's agents or employees shall have the right, after reasonable notice (not less than TWENTY-FOUR (24) HOURS, except in emergencies) to the owner thereof, to enter any unit, or to enter any portion of the common area, at reasonable hours. Such entry shall be made with as little inconvenience to the owner as practicable, and any damage caused thereby shall be repaired by the Board, at the expense of the Association. D, Assessments, Lien's, and Fines: The Association shall have the power-to-levy-an~coliect assessments, in accord- ance with the provisions of Article IV hereof, The Association may impose fines or take disciplinary action against any owner for failure to pay assessments, or for violation of any provision of the condominium documents, Penalties may include, but are not limited to: fines, temporary suspension of voting rights, rights to the use of recreational facilities, or other appropriate discipline, provided that the accused member is given notice, and the opportunity to be heard, with respect to the alleged viola- tions, before a decision to impose fines or discipline is made, as provided in Section 4,10, E, Enforcement: The Association shall have the authority to enforce~hls-oeclaration, as per Article VII hereof, F, Acquisition and Disposition of Property: The Association shall have the power-to acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, or otherwise dispose of, real or personal property in connection with the affairs of the Associa- tion, Any transfer of property shall be by document, signed or approved by SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the members, other than Declarant, or, where the two-class voting structure is still in effect, SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the voting power of each class of members, G. Association's Duties: The Association shall maintain all utility installations located in the common area, 15 except for those installations maintained by utility companies, pUblic, private, or municipal. The Association shall pay all charges for utilities supplied to the project, except those metered, or charged separately, to the units. Unit owners shall maintain the heater and air-conditioning system (if any) servic- ing their respective units, and all light fixtures and appliances therein. ARTICLE VI Use Restrictions In addition to all of the covenants contained herein, the use of the property, and each condominium therein, is subject to the fo 11 owing: 6,01 Condominium Use: No condominium shall be occupied and used, except for residential purposes, by the owners, their tenants, and social guests; and no trade or business shall be conducted therein, except that Declarant, its successors, or assigns, may use any unit, or units, for the purpose of display and sales during construction, and until the last unit is sold by Declarant, 6.02 Nuisances: No noxious, illegal, or seriously offen- sive activities shall be carried on upon any condominium, or in any part of the property, nor shall anything be done thereon which may be, or may become, a serious annoyance or a nuisance to, or 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 structural integrity of any building, 6 , 0 3 S i ~~ : Nos i g n s s h all bed i s pIa y e d tot h e pub 1 i c view on any units, or on any portion of the property, except such signs as are approved by the Board, or committee appointed by the Board, Only ONE (1) "For Sale" or "For Rent" sign per unit shall be allowed, provided it does not exceed THREE (3) SQUARE FEET in size. 6,04 Animals: No animals, reptiles, insects, 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 a total of ONE (1) usual and ordinary household pet, such as a dog or cat, may be kept, provided that it is not bred, or maintained for any commercial purposes, and it is kept under reasonable control at all times. No pets shall be allowed in the common area, except as may be permitted 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. 16 Owners shall prevent their pets from soiling all portions of the common area, and shall promptly clean up any mess left by their pets. Owners shall be fully responsible for any damage caused by their pets, 6,05 Garbage and Refuse 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 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 common areas. The Association shall be responsible for removal of garbage from the central pick-up points, 6.06 Radio and Television Antennas: No alteration to, or modification of, a central radio and/or television antenna sys- tem, or cable television system, whichever is applicable, if developed by Declarant or a cable television franchisee, and as maintained by the Association or said franchisee, shall be permi tted, and no owner may be permi tted to construct and/or use and operate his own external radio and/or television antenna, wi thout the consent of the Board, A 11 fees for the use of any cable television system shall be borne by the respective unit owners, and not by the Association. 6.07 Right to Lease: No owner shall be permitted to lease his unit for any period less than THIRTY (30) DAYS, Any lease agreement shall be required to provide that the term of the lease shall be subject in all respects to the provisions of the Declaration and the Bylaws, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease, All owners leasing or renting their units shall promptly notify the Secretary of the Association, in writing, of the names of all tenants, and members of tenant's family, oc- cupying such unit, and of the address and telephone number where such owner can be reached, A 11 leases shall be required to be in writing, 6,08 A r~b.l:.~~lu r al_fQQl.!:.Ql: No bu i 1 ding, fence, wall, obstruction, outside or exterior wiring, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, improvement, or structure of any kind, shall be commenced, installed, erected, painted, repainted, or maintained upon the property, nor shall any alteration or improvement of any kind be made thereto, until the same has been approved, in writing, by the Board, or by an Architectural Control Committee appointed by the Board, Plans and specifications showing the nature, kind, shape, color, size, materials, and location of such improvements, alterations, etc., shall be submitted to the Board, or to the Architectural Control Committee, for approval as to quality of workmanship and design, and harmony of external design with existing structures, topography, and finish grade elevation. No 17 permission or approval shall be required to repaint in accordance with Declarant's original color scheme, or to rebuild in accordance with Declarant's original plans and specifications. No permission or approval shall be required to repaint in accordance with a color scheme previously approved by the Board or the Committee, or to rebuild in accordance with plans and specifications previously approved by the Board or by the Committee. Nothing contained herein shall be construed to limit the right of an owner to paint the interior of his unit any color desired, No landscaping of patios or yards visible from the street or from the common area, not involving the use of natural plants, grass, trees, or shrubs, and which does involve the use of synthetic materials, or of concrete, rock, or similar materials, shall be undertaken by any owner, until plans and specifications, showing the nature, kind, shape, and location of the materials, shall have been submitted to, and approved, in writing, by the Board, or by an Architectural Control Committee appointed by the Board, The Architectural Control Committee shall consist of THREE (3) members, Declarant may appoint all of the original members of the Committee, and all replacements, until the first anniversary of the issuance of the original final public report for the project, The Declarant reserves to itself the power to appoint a majority of the members to the Committee until TWO- THIRDS (2/3) of all the units in the project have been sold, or until the fifth anniversary of the issuance of the final public report for the project, whichever occurs first. After ONE (1) YEAR from the date of issuance of the original public report for the project, the Board shall have the power to appoint ONE (1) member to the Architectural Control Committee, until TWO-THIRDS (2/3) of all the units in the project have been sold, or until the fifth anniversary date of the issuance of the final public report for the project, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the members of the Architectural Control Committee, Members appointed to the Archi- tectural Control Committee by the Board, shall be from the membership of the Association, Members appointed to the Archi- tectural Control Committee by the Declarant need not be members of the Association, A majority of the Architectural Control Committee may designate a representative to act for it. In the event of death or resignation of any member of the Committee, the successor shall be appointed by the person, entity, or group which appointed such member, until Declarant no longer has the right to appoint any members to the Committee, and thereafter, the Board shall appoint such a successor, Neither the members of the Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant hereto, In the event the Committee fails to approve or disapprove plans and specifications within THIRTY (30) DAYS after the same have been submitted to it, approval will not be re- quired, and the related covenants shall be deemed to have been fully complied with. 1 8 6,09 Drapes: All drapes, curtains, window coverings, shutters, or bTTnas visible from the street or common areas shall be of off-white in color, or lined in off-white, or, as the case may be, of colors, materials and patterns which are approved by the Board, or its authorized committee. 6,10 Clothes Lines: There shall be no outside laundering or drying of clothes, except inside fenced patios, with clothes to be hung below fence level so as not to be visible from streets, common area, or other units, and then only if the clothes cannot be seen from the street, common area, or other units, 6,11 f~~~~_~3~iE~~~!_~~~_~~~_~ai~!ena~~: No power equipment, hobby shops, or car 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 objections. 6,12 Liability of Owners for Damage to Common Area: The owner of each unit shall be liable to the Association for all damage to the common area, or improvements thereon, caused by such owner, or any occupant of his unit, or guest, or by such owner's pet, except for that portion of said damage, if any, fully covered by insurance, Liability of an owner shall be established only after notice to the owner and hearing before the Board, In the event an owner disagrees with the decision of the Board on the question of liability, the owner may petition a court of law, or submit the matter to arbitration under the rules of the American Arbitration Association, 6,13 Basketball Standards: No basketball apparatus, or fixed sport apparatus, attached to the exterior surface of any portion of the common area, shall be permitted on the property, 6.14 Parking Spaces; Storage: All outside parking spaces, other than those designated as "restricted Common Area," reserved for the exclusive use of the owners of the units, shall be con- troll ed by the Board, which shall assign said spaces in accord- ance with rules to be adopted by the Board, The Board shall also control the allocation and use of storage space, should any be prov ided, in the Common Area, ARTICLE VII General Provisions 7,01 Enforcement: The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now, or hereafter, imposed by the provisions of this Declaration, the Articles, and the Bylaws, and, in such action, 19 shall be entitled to recover reasonable attorneys' fees as are ordered by Court. Failure by the Association, or by any owner, to enforce any covenant or restriction herein contained, shall, in no event, be deemed a waiver of the right to do so thereafter, 7,02 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 unaf- fected, and in full force and effect. 7,03 I~~~: 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 Asso- ciation, or the owner of any property subject to this Declara- tion, 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 they shall be automat- ically 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, or to terminate the same, 7 .04 Am end men t s : P r i 0 r to c 1 0 s e 0 f e s c row 0 nth e sa 1 e 0 f the first unit, Declarant may amend this Declaration, with the consent of the Department of Real Estate as to any amendment constituting a material change, After sale of the first unit, this Declaration may be amended only by the affirmative vote, in person or by proxy, or written consent, of members representing a majority of the total voting power of the Association, and a majority of the affirmative votes,or written consent, of members other than the Declarant, or, where the two-class voting struc- ture is still in effect, a majority of each class of membership, However, the percentage of voting power necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause, Any amendment must be recorded in the Recorder's Office of the County of Santa Clara. No amendment shall adversely affect the rights of the holder of any mortgage of record prior to the recordation of such amendment. 7.05 Encroachmen t E asemen ts: Each cond om in i urn wi thi n the property is hereby declared to have an easement over all adjoin- ing condominiums and the common area, for the purpose of accom- modating any encroachment due to minor engineering errors, minor errors in original construction, reconstruction, repair, settle- ment, shifting, or movement 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 way by said encroachment, settlement, or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an owner, or owners, if said encroachment occurred due 20 to the intentional conduct 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 there shall be valid easements for the maintenance of said encroachments, so long as they shall exist, 7.06 Ri.Bht~K-Fi.!:.~~Len~.!:.~: No breach of any of the covenants, conditions, and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any first mortgage 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. Notwithstanding any provision in the condo- minium documents to the contrary, first lenders shall have the following rights: A. C 0 .Pl.~~L~~~~_Q~~ u m ~Q..t~: The Ass 0 cia t ion shall make available to unit owners and first lenders, and to holders, insurers, or guarantors of any first mortgage, current copies of the Dec laration, By laws, or other ru les concerning the project, and the books, records, and financial statements of the Association, "Available" means available for inspection and copying, upon request, during normal business hours, or under other reasonable circumstances. B, Noti~~~LAc!l~Q: Upon written request to the Association, identifying the name and address of the eligible mortgage holder, or eligible insurer or guarantor, and the unit number or address, such eligible mortgage holder, or eligible insurer or guarantor, will be entitled to timely written notice of: (1) Condemnation loss or any casualty loss which affects a material portion of the project, or any unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder, or eligible insurer or guarantor, as applicable; (2) Any default in performance of obligations under the project documents, or delinquency in the payment of assessments, or charges owed by an owner of a unit subject to a first mortgage held, insured, or guaranteed by such eligible mortgage holder, or eligible insurer or guarantor, which remains uncured for a period of SIXTY (60) DAYS; (3) Any lapse, cancellation, or material modifi- cation of any insurance policy, or fidelity bond, maintained by the A ssoci at i on, C, Consent to Action: (1) Except as provided by statute, or by other provision of the project documents, in case of substantial 21 destruction or condemnation of the project, and further excepting any reallocation of interests in the common area which might occur pursuant to any plan of expansion or phased development contained in the original project documents: (a) The consent of owners of units to which at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the votes in the Association are allocated, and the approval of eligible mortgage holders holding mortgages on units which have at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/31) of the votes of units subject to eligible holder mortgages, shall be required to termi- nate the legal status of the project as a condominium project. (b) The consent of owners of units to which at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the votes in the Association are allocated, and the approval of eligible mortgage holders holding mortgages on units which have at least SIXTY-SIX AND TWO THIRDS PERCENT (66-2/3%) of the votes of the units subject to eligible holder mortgages, shall be required to add, or amend, any material provisions of the project documents which establish, provide for, govern, or regulate any of the following: (i) voting; (ii) assessments, assessment liens, or subordination of such liens; (iii) reserves for maintenance, repair, and replacement of the common areas; (iv) insurance or fidelity bond; (v) rights to use of common areas; (vi) responsi- bility for maintenance and repair of the several portions of the project; (vii) expansion or contraction of the project, or the addition, annexation, or withdrawal of property to, or from, the project; (viii) boundaries of any unit; (ix) the interests in the general, or restricted, common areas; (x) convertibility of units into common areas, or of common areas into units; (xi) leasing of units; (xii) imposition of any right of first refusal or similar restriction on the right of a unit owner to sell, transfer, or otherwise convey his or her unit; (xiii) any provisions which are for the express benefit of mortgage holders, eligible mortgage holders, or eligible insurers or guarantors of first mortgages on units. (c) An addition, or amendment, to such document shall not be considered material if it is for the pur- pose of correcting technical errors, or for clarification only. An eligible mortgage holder who receives a written request to approve additions or amendments, who does not deliver, or post, to the requesting party a negative response within THIRTY (30) DAYS, shall be deemed to have approved such request. 2. Except as provided by statute, in case of condemnation or substantial loss to the units and/or common elements of the condominium project, unless the holders of at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the first mortgages, based upon ONE (1) vote for each first mortgage owner, or owners, of the individual condominium units, have given their pr ior wr it ten approval, the Assoc ia t ion and/ or the owners sha 11 not be entitled to: 22 (a) By act or omission, seek to abandon or terminate the condominium project, except for abandonment or termination provided by law, in the case of substantial destruc- tion by fire or other casualty, or in the case of a taking by condemnation or eminent domain. (b) Change the pro rata interest or obligations of any individual condominium unit for the purpose of: (i) levying assessments or charges, or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each condominium unit in the common area, unit, (c) Partition or subdivide any condominium (d) By act or omission, 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 condominium project shall not be deemed a transfer within the meaning of this clause. (e) Use hazard insurance proceeds for losses to any condominium property, whether to units or to common ar ea, for other than the r epa i r, rep 1 ac ernen t, or recon s truc t ion of such condominium property. D, Right of First Refusal: The right of a unit owner to sell, transfer, or otherwise convey his or her unit shall not be subject to any right of first refusal or similar restriction, E. Contracts: Any agreement for professional man age men t 0 f t he--coridoml n i u m pro j e c t, 0 r 1 e a s e, 0 ran y 0 the r contract providing for services of the developer, sponsor, or builder, may not exceed ONE (1) YEAR. Any agreement, contract, or lease, including a management contract entered into prior to passage of control of the Board of Directors of the Association to unit purchasers, must provide for termination by either party for cause on THIRTY (30) DAYS' written notice, or without cause, and without payment of a termination fee or penalty, on NINETY (90) DAYS', or less, written notice. F, Reserves: Condominium dues or charges shall include an adequate reserve fund for maintenance, repairs, and replacement of those improvements which the Association is obligated to maintain that must be replaced on a periodic basis, and shall be payable in regular installments, rather than by special assessments. G. Priority of Liens: Each holder of a first mortgage lien on-a--uri1.t:-whocomes-rnto possession of the unit by virtue of foreclosure of the mortgage, or any purchaser at a 23 foreclosure sale under a first Deed of Trust, will take the unit free of any claims for unpaid assessments, fees, late charges, fines, or interest levied in connection therewith against the unit, which accrue prior to the time such holder comes into possession of the unit, except for claims for a pro rata share of such assessments, or charges resulting from a pro rata realloca- tion of such assessments, or charges to all project units, including the mortgaged unit, and except for assessment liens recorded prior to the mortgage, H, Distribution of Insurance or Condemnation Proceeds: No provision of the condominium constituent documents gives a condominium unit owner, or any other party, priority over any rights of first mortgagees of condominium units, pursuant to their mortgages, in the case of a distribution to condominium unit owners of insurance proceeds, or condemnation awards, for losses to, or taking of, condominium units or common elements, I. Restoration or Repair: Any restoration or repair of the project, after a partial condemnation, or damage due to an insurable hazard, shall be performed substantially in accordance with the Declaration and the original plans and specifications, unless other action is approved by eligible mortgage holders holding mortgages on units which have at least SIXTY-SIX AND TWO THIRDS PERCENT (66-2/3%) of the votes of units subject to eligible holder mortgages. J, Termination: Any election to terminate the legal status of the project after substantial destruction, or a substantial taking in condemnation, of the project property, must require the approval of eligible mortgage holders holding mortgages on units which have at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the votes of such remaining units subject to eligible holder mortgages, K. Reallocation of Interests: No reallocation of --- interests in the common areas resulting from a partial condemnation, or partial destruction, of the project, may be effected without the prior approval of eligible mortgage holders holding mortgages on all remaining units, whether existing in whole or in part, and which have at least SIXTY-SIX AND TWO THIRDS PERCENT (66-2/3%) of the votes of such remaining units subject to eligible holder mortgages, L, Termination of Professional Management: When professional management has been previously required by any eli- gible mortgage holder, or eligible insurer or guarantor, whether such entity became an eligible mortgage holder, or eligible insurer or guarantor, at that time or later, any decision to establish self management by the Association shall require the prior consent of owners of units to which at least SIXTY-SIX AND TWO THIRDS PERCENT (66-2/3%) of the votes in the Association are allocated, and the approval of eligible mortgage holders holding mortgages on units which have at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the votes of units subject to eligible holder mortgages. 24 7.07 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 areas appurte- nant thereto, which is part of the restricted common area, keep- ing the same in good condition, Each owner shall bear the cost of maintenance, repair, and replacement of the following items within, or serving, such owner's unit: patio, garage interior, and entrance and interior surfaces of all perimeter and interior walls, ceilings, and floors, including carpeting, tile, wall paper, paint, or other covering; garbage disposals, hot water heaters, ranges, refrigerators, dishwashers, washing machines, dryers, light fixtures, and any and all other appliances of any nature whatsoever; heating, ventilating, and air-conditioning equipment servicing such unit; interior doors, including all hardware thereon; window panes and light bulbs; plumbing and other fixtures of any nature whatsoever; "buil t-in" features; decorative features; fireplaces; and any furniture and fur- nishings. All electric utilities serving individual units shall be separately metered and shall be the expense of each individual unit owner, Electric utilities serving the general common ele- ments shall be a common expense of the Association, Each unit owner shall keep those portions of the restricted common area to which he has exclusive easement 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, ceilings, floors, and doors bounding his unit, In the event 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 necessary to preserve the appearance and value of the property, the Board may notify the owner of the work required, and request it be done within SIXTY (60) DAYS from the giving of such notice, In the event the owner fails to carry out such maintenance within said period, the Board may, following notice and hearing, cause such work to be done, and may charge the cost thereof to such owner, and, if necessary, file suit for the amount thereof. 7,08 Insurance: Damage or Destruction: In the event of damage to, or destruction of, any unit, the same shall be reconstructed as soon as reasonably practicable, and substantially in accord with the original plans and specifications therefor. Each unit owner appoints the Association, or any insurance trustee to be designated by the Association, as at torney- in- fac t for the pur pose of purchas i ng and ma i n ta i n ing the Association's insurance, including: The collection and ap- propriate disposition of the proceeds thereof; the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. The Association, or any insurance trustee, shall be required to receive, hold, or otherwise properly dispose of, any proceeds of insurance in trust for unit 25 owners and their first mortgage holders, as their interests may appear. The Association shall obtain, and continue in effect, a master policy of insurance covering: all of the personal property and supplies of the Association; all of the real property and improvements of the project, including the common area and all fixtures and building service equipment therein; the units and any fixtures, equipment, or property therein covered by a first mortgage on the unit, and protecting the interests of the Association and its members, including, without limitation, fire and extended coverage and special form insurance covering, and ONE HUNDRED PERCENT (100%) of current replacement cost of all improvements in the project, including the units; comprehensive general liability insurance insuring the Associ- ation and each owner for his liability for the common area; and a fidelity bond covering officers, directors, and employees in an amount to be determined by the Board, but in no event less than a sum equal to THREE (3) tvtONTHS' aggregate assessments on all units, plus reserve funds. All insurance shall contain "severability of interest provision," "cross liability endorsement," and waiver of subrogation as to the Association, officers, directors, members, guests, agents, and employees, The master policy shall be issued in the name of the Association, for the use and benefit of the owners. The minimum limits on the liability insurance policy shall be $1,000,000, single limit, and shall include personal injury, bodily injury, property damage, and liability for non- owned automobiles. In addition, the Association shall obtain and continue in effect additional umbrella coverage of $1,000,000; or, as an alternative, the Association may carry a $2,000,000 singl e 1 imi t pol icy, Workers' compensation insurance shall at all times be carried to the extent required to comply with any applicable law, Officers' and directors' liability insurance shall be carried by the Association, to cover persons serving in such capacities, and to cover committee members, if such coverage is available at reasonable cost, Insurance premiums for the master policy shall be a common expense to be included in the monthly assessments levied by the Association, and the portion of such payment necessary for the insurance premiums shall be held in a separate account of the Association, and shall be used solely for the payment of the master insurance policy premiums, as such premiums become due, Each buyer of a unit shall pay the portion of the premiums attributable to his unit, prorated to the date of close of escrow for the policy, or policies, purchased by Declarant for the Association. 26 All insurance pOlicies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is sufficient to make any necessary repairs and replacement of the property which might be damaged or destroyed. If any of the project improvements are materially damaged, or destroyed, by fire or other casualty ("materially damaged" is defined, for the purposes of this Section, as any damage for which the cost of repair or reconstruction is more than FIFTY PERCENT (50%) of the full replacement value of the improvements), the project shall be repaired or reconstructed in accordance with the original as-built plans and specifications, unless the owners vote not to undertake such repair or recon- struction in a special election, held in accordance with the following procedures: A. In the event any portion of the project improvements are materially damaged, as defined above, or destroyed, a special election shall be held, after not less than THIRTY (30) DAYS' written notice to all owners and their first mortgagees of record, at a suitable location on the property, or as close thereto as practicable, which location shall be specified in such notice, 8, The project shall be repaired or reconstructed in accordance with the original as-built plans and specifications, as hereinafter provided, unless: (1) in such special election, at least SIXTY-SIX AND TWO-THIRDS PERCENT (66- 2/3%) of the total voting power of the Association, residing in members other than the Declarant, votes against such repair or reconstruction; or (2) the available insurance proceeds, plus reserves, of the Association are inadequate to pay the cost of repair or reconstruction, and a special assessment in excess of FIVE PERCENT (5%) of the budgeted gross expenses of the Associ- ation for that fiscal year is required to provide such funds, and such assessment fails to pass by majority vote, as provided in Section 1-1.04, C, In the event the requisite number of votes are not cast against such repair or reconstruction, and if a s p e cia 1 ass e ssm e n tin e x c e s s 0 f F I V E PER C E N T (5 % ), i fr e qui red, passes, all of the insurance proceeds payable on account of such damage or destruction shall be made available for such repair or reconstruction, and shall be deposited with a commercial lending institution experienced in the disbursement of construction loan funds (the "Depository"). The Depository shall be appointed by the Association, Such funds shall be disbursed in accordance with the normal construction loan practices for the Depository, which are reasonably acceptable to the Association. The restora- tion or reconstruction shall be substantially in accordance with the original as-built plans and specifications for the building, modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruc- tion, or in accordance with such other plans and specifications as may be approved by the Association and the respective first mortgages, 27 D. The Association shall designate a construction consul tant (the "Construction Consul tant"), general contractor (the "General Contractor"), and architect (the "Architect") for the repair or reconstruction contemplated by this paragraph. In the event of a dispute regarding the selection of the Construction Consultant,the General Contractor, and the Architect, the selection of such individuals or firms shall be submitted to, and be subject to, the rules of the American Arbitration Association. E, The insurance proceeds payable on account of such damage or destruction shall be deposited with the Depository, and shall be disbursed in accordance with the normal construction loan practices of the Depository, and upon the certification of the Construction Consultant, General Contractor, and Architect, dated not more than TEN (10) DAYS prior to any such request for disbursement, setting forth the following: (1) That all of the work completed as of the date of such request for disbursement has been done in compliance with the approved plans and specifications; (2) That such disbursement request represents monies which either have been paid by, or on behalf of, the Construction Consultant, the General Contractor, or the Architect, and/or are justly due to contractors, subcontractors, materialmen, engineers, or other persons, whose names and addresses shall be stated, who have rendered, or furnished, certain services or materials for the work, and giving a brief description of such services and materials and the principal subdivisions or categories thereof, and the respective amounts paid or due to each of said persons in respect thereof, and slating the progress of the work up to the date of said certificate; (3) That the sum then requested to be disbursed, plus all sums previously disbursed, does not exceed the cost of the work insofar as actually accomplished up to the date of such certificate; (4) That no part of the cost of the services and materials described in the foregoing paragraph has been, or is being, made the basis for the disbursement of any funds in any previous, or then pending, application; and (5) That the amount held by the Depository will, after payment of the amount requested in the pending disbursement request, be sufficient to pay, in full, the cost of such repair or reconstruction. F. In the event the insurance proceeds available for repair or reconstruction are less than the total cost of such repair or reconstruction, the Association may use sums from its account, or, if necessary, from levying special assessments on the members, to restore or rebuild the areas affected, provided 28 that any assessment that exceeds FIVE PERCENT (5%) of the bud- geted gross expenses of the Association for that fiscal year shall require the vote, or written assent, of a majority of the voting power of the Association residing in members other than the Declarant, and provided, further, if such special assessment fails to be approved by the requisite majority, and the project cannot be repaired or reconstructed wi thout the funds from such special assessment, the provisions of Paragraph G, below, shall apply, and if the first lenders are unable, or unwilling, to supply the necessary funds, the provisions of paragraph I, below, shall apply, G. In the event any portion of the common area has been damaged or destroyed, and that portion of the insurance proceeds applicable to the damage or destruction is insufficient to reconstruct or repair the damaged or destroyed portion, the Association shall supply the excess funds required to restore or rebuild the affected area, as provided in F, above; provided, however, that in the event the Association and the members re- fuse, or are unable, to supply such excess funds, the first lenders of the units affected shall have the option of supplying such excess funds, or of applying that portion of the insurance proceeds allowable to that damaged or destroyed area to the debt secured by such mortgagee's mortgages or Deeds of Trust, as provided in Paragraph I, below. H, All such funds to be suppl ied by the Associ- ation, or individual owners, shall be deposited with the Deposi- tory, and shall be disbursed pursuant to the provisions of this Section, In the event that there is any dispute over the alloca- tion of insurance proceeds or the amount of funds in excess of the insurance proceeds which any party must deposit with the Depository, such dispute shall be submitted to, and be subject to, the rules of the American Arbitration Association, 1. In the event the owners elect not to repair or reconstruct a building, or elect not to approve a special assessment to provide funds for rebuilding, as provided in Para- graphs Band F, above, the provisions of Civil Code Section 1354 (regarding partition and sale) shall be deemed satisfied, and the insurance proceeds, payable on account of such damage or destruction, shall be disbursed as follows; and in the event of partition and sale under any conditions stated in Civil Code Section 1354, the proceeds of sale shall be disbursed as follows: First, to the mortgagees in order of their priority to the extent of monies owed such mortgagee; Second, to the cost of removing any remaining or destroyed portions of the project improvements, and complying with all other applicable requirements of governmental agencies; Third, to the owners, in proportion to the respective fair market values of their units and their interests in the common area at the time of the destruction, as determined 29 by the Association, provided, however, that if any owner or mortgageeprotests the proposed distributionbaseduponsaid fair market values as so determined, a licensed independent appraiser acceptable to the Association and to the protesting members or mortgagees, shall be appointed by the Association to make the determination of the respective fair market values of the units at the time of the destruction. In the event of a failure to agree upon an appraiser, the appraiser shall be appointed by the then President of the Santa Clara County Bar Association, J, In the event there is any damage or destruction to the project improvements which is not material, as that term is defined above, the damaged improvements shall be repaired and reconstructed, without the necessity of any special election, in accordance with the applicable provisions of this Section, Any election to terminate the legal status of the project after substantial destruction, or after a substantial taking in condemnation, of the project property shall require the approval of eligible holders holding mortgages on units which have at least SIXTY-SIX AND TWO-THIRDS PERCENT (66-2/3%) of the votes of units subject to eligible holder mortgages. 7,09 Condemnation: The Association shall represent the unit owners in any condemnation proceedings, or in negotiations, settlements, and agreements with the condemning authority for acquisition of the common area, or part thereof, In the event of a taking or acquisition of part or all of the common area by a cond emn ing author i ty, the award or proc eed s of set t 1 emen t sha 11 be payable to the Association, or any trustee appointed by the Association, for the use and benefit of the unit owners and their mortgagees, as their interests may appear, In the event of an award for the taking of any unit in 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 uni t as a resul t of such taking. The remaining owners shall decide, by majority vote, whether to rebuild or repair the project, or take other action, The re- maining portion of the project shall be resurveyed, if necessary, and the Declaration shall be amended to reflect such taking, and to readjust proportionately the percentages of undivided interest of the remaining owners in the project, In the event of a taking by eminent domain of any part of the common area, the Association shall participate in the negotiations, and shall propose the method of division of the proceeds of condemnation, where units are not valued separately by the condemning authority or by the Court, Proceeds of condemnation shall be distributed among owners of units and their respective mortgagees according to the relative values of the units affected by the condemnation, said values to be determined by the method provided in Section 7.08, 7.10 Limitation of Restrictions on Declarant: Declarant is undertaking the work of construction of residential condominium dwellings and incidental improvements upon the 30 subject property. The completion of that work, and the sale, rental, and other disposal of said condominium units, is essential to the establishment and welfare of said property as a residential community, In order that said work may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in 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 work; or B. Prevent Declarant or its representatives from erecting, constructing, and maintaining on the property, except upon units owned by others, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said property as a residential community and disposing of t.he same in parcels by sale, lease, or other- wise; or C, Prevent Declarant from conducting on the property, except in units owned by others, its business of completing said work, establishing a plan of condominium ownership, and of disposing of said property in condominium units by sale, lease, or otherwise, including use of one or more units as a sales office, Use of the recreation room by Declarant as a sales office after close of escrow on the first. sale of a unit, shall require payment of a reasonable rental fee by Declarant to the association; or D. Prevent Declarant from maintaining such sign, or signs, on the property, except upon units owned by others, as may be necessary for the sale, lease, or disposition thereof. The foregoing rights of Declarant shall terminate upon sale of Declarant's entire interest in the project, or THREE (3) YEARS after the date of recordation of the Deed of the first unit to be sold in the project, whichever occurs first. So long as Declarant, its successors, and assigns, owns one or more of the condominiums established and described herein, Declarant, it successors, and assigns, shall be subject to the provisions of this Declaration, Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of their units, and the common area, by each owner, while completing any work necessary to said units or common area, 7,11 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, indi- vidual or individuals, corporation or corporations, shall be 31 obligated to perform all such duties and obligations of the Declarant. 7,12 Owners' Compliance: Each owner, tenant, or occupant of a condominium shall comply with the provisions of this Declaration, to the extent they are not in conflict with this Declaration, the Articles, the Bylaws, and the decisions and resolutions of the Association or the Board, All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration, or in the Articles or Bylaws, shall be deemed to be binding on all owners of condominiums, their successors, and assigns. 7.13 Notice: Any notice permitted or required by the Decldration;--Articles, or Bylaws, 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 same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board, or addressed to the unit of such person if no address has been given to the Secretary. 7,14 Special Provisions Relating to Enforcement of Declarant's Obligation to Complete Common Area Improvements: Where the project includes common area improvements which have not been completed prior to the close of escrow on the sale of the first unit, and where the Association is obligee under a bond, or other arrangement (hereafter "bond), to secure performance or the commitment of Declarant to complete said improvements, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any improvement for which a notice of com- pletion has not been filed within SIXTY (60) DAYS after the completion date specified for that improvement in the planned construction statement appended to the bond. If the Association has given an extension in writing for the completion of any common area improvement, the Board shall consider and vote on the aforesaid question if a notice of completion has not been filed within THIRTY (30) DAYS after the expiration of the exten- sion, A special meeting of members of the association for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the bond, or on the failure of the Board to consider and vote on the question, shall be held not less than THIRTY-FIVE (35) DAYS, nor more than FORTY-FIVE (45) DAYS, after receipt by the Board of a petition for such a meet ing, signed by member s represen t i ng FI V E P ERe ENT (5%) or more of the total voting power of the Association. At such special meeting, a vote of a majority of members of the Association other than the Declarant shall be required to take action to enforce the obligations under the bond, and a vote of a majority of the voting power of the Association, excluding Declarant, shall be deemed to be the decision of the Association, 32 Declarant, shall be deemed to be the decision of the Association, and the Board shall thereafter implement this decision by initi- ating and pursuing appropriate action in the name of the Association. 7,15 Fair Housing: No owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, mortgaging, or occupancy of his unit to any person of a specified race, sex, marital status, color, religion, ancestry, physical handicap, or national origin, 7,16 IHA/~A Approval: As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans 'Administration: Annexation of additional properties, or dedication of common area. IN WITNESS WHEREOF, the undersigned, being r~'rJ2 Decl arant herein, has executed this Declaration on _:J-;lo'.-~_. , GER H. GREEN .__~_-;}~_ "h,o~.n_____ MARK L. MEt.tto~r STATE OF CALIFORNIA ) ) COUNTY OF ~_.~) On ___::}il\j ZQ~Lqj21_ __' be for erne, the un d e r s i g n ed, a Not a r y Public in and:lfor said County and State, personally appeared DOUGLAS p, RODRIGUES, known to me to be, or proved to me on the basis of satisfactory evidence to be, one of the partners of the Joint Venture Partnership that executed the within instrument, and acknowledged to me that such Partnership executed the same, IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara, the day and year in this certificate first above written, . BEVERLY A. McPHERSON NOTARY PUBUc.cAUFORNIA SANTA CLARA COUNTY . MvCornmllllonEJlp,Jen.20.1'87 33 STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) On __. ""\:. \Ih ~'1:), Lq~__, be for e me, the un d e r s i g n ed, a Not a r y Public in a~6r~aid County and State, personally appeared GERALD H. GREEN, known to me to be, or proved to me on the basis of satisfactory evidence to be, one of the partners of the Joint Venture Partnership that executed the within instrument, and acknowledged to me that such Partnership executed the same, IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara, the day and year in this certificate first above written. ft eeVERL Y A, McPHERSON NOTARY PUBUC.cAlIfORNIA SANTA ClARA COUNTY My Commllelon Exp. JIlII. 20. 1'87 STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA) o n _:iiJ \ t ..2f2 .19...R~_____-__, b e for e me, the u n d e r s i g n ed, a Not a r y Public in ~d ftr said County and State, personally appeared MARK L. MENGO, known to me to be, or proved to me on the basis of satisfactory evidence to be, one of the partners of the Joint Venture Partnership that executed the within instrument, and acknowledged to me that such Partnership executed the same, IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the County of Santa Clara, the day and year in this certificate first above written, .~ ft BEVERL V A. McPHERSON NOT MY PUBUC.cALlFORNIA SANTA CLARA COUNTY My Commllllon Elq). Jan,20. 1'87 k.~ _ State of California 34 EXHIBIT A Property Description Parcel Map EXHIBIT A Page 1 of 1 EXHI BIT B CIVIL CODE SECTION 1351 The provisions of this chapter shall apply to property divided or to be divided into condominiums only if there shall be recorded in the county in which such property lies a plan consisting of (i) a description or survey map of the surface of the land included within the project, (ii) diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions, and (iii) a certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by the record owner of such property and all record holders of security interests therein, Such plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of such property and by all record holders of security interests therein, Until recordation of a revocation, the provisions of this chapter shall continue to apply to such property, The term "record owner" as used in this section includes all of the record owners of such property at the time of recordation, but does not include holders of security interests, mineral interests, easements or rights of way, EXHIBIT B Page 1 of 1 EXHIBIT C PERCENTAGES OF THE COMMON AREA UNIT NO, 2 3 EXHIBIT C Page 1 0 f 1 PERCENTAGE COUNTY SANITATION DISTRICT NO.4 OF SANTA CLARA COUNTY October 2, 1984 rE\VEri . ..... QCI () 4: 1984 ~\.IBUC \NORKS l~G\~aR\H.G SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SAN JOSE CITY OF SANTA CLARA CITY OF SARATOGA UNINCORPORATED AREA 100 East Sunnyoaks Avenue Campbell. California 95008 Telephone 3782407 City of Campbell Department of Public Works 75 N. Central Avenue Campbell, CA 95008 Re Smith Ave, (3-1ots condominium for MGR Properties) This is the District's "clearance letter" for the recordation of subject development. This District has reviewed and approved the plans for the sewer system servicing this development. Fees due this District have been paid. Bond, adequate to insure subject sewer system installa- tion, has been posted with this District. In short, all of the District's requirements for tract recordation have been met. Very truly yours, stephen H. Goodman Manager and Engineer fJ~I(,~ By P. R. Nichols Assistant District Engineer PRN: JL/j f E-ao ~ ( I CITY OF CAMPBELL 75 NORTH CENTRAL AVENUE C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: PUBLIC WORKS TRANSMITTAL FROM THE OFFICE OF THE CITY ENGINEER DATE: Au~. TO: A It, G li \0 rn \1I ",l:k ,(.., ~4 , t4 %4 ATTN: REFERENCE: SUBJECT S LAA. -~ ^ u<. ?a t'l:~ tv\ Clr P WE ARE FORWARDING VIA: Mail Messenger Separate Cover Enclosed Attached Other THE FOLLOl~ ING: REMARKS: ?tf~.s~ 11'l~ .-\~~ a..1tac~~c.\ me, j-? f.~r f e CD rd It t- ;D '"l C\ n J r r 0 ~ ~ c\ l. U -5 W fFlT -t\1e.- ret:t) rc) J..ta, JOSEPH ELL 10TT DIRECTOR OF PUBLIC WORKS By ~~~Ol" if . I 75 NORTH CENTRAL C AMP BEL L, C A L I FOR N I A (408) 3788141 AVENUE 95008 ELLIOTT 11 He;';): -~-~ ,.- ,.~. HELMS i ,- c. .~.-._._.. I ...,- DIAZ ! , -- q I, -", CASE I ------ iL------.-- II j! -"'....,_.- ;-. ."--,.I-~- -I '_ . I::j I I ~ t,I'fY (IF CJ\MIIHELL Department: Pub 1 i c Works July 25, 1984 Paul Tai 20395 Pacifica Drive Suite 107 Cupertino, CA 95014 RE: Smith Avenue Parcel Map Dear Paul: Attached is a red 1 ined check print of the referenced parcel map. Additional comments are as follows: 1. The title report describes the property as being 25 feet from the centerline of Smith Avenue, but your map shows it as 30 feet. It should be shown as 25 feet with an additional 5 feet being dedicated. 2. There are several references to a blue border around the boundary, but no such blue border has been drawn. Either a blue boundary should be drawn or the references should be changed to refer to a distinctive border that is shown in the legend. In either case the boundary should include the five feet being dedicated. 3. The map and the C. C, & R's both refer to a partnership but the title report indicated title is held by three individuals as individuals. The names used in the C. C. & R's are different from the names under which the three individuals took title to the property according to the title report. The owners need to resolve the question of how they are going to hold the title and what is the correct spell ing of their names. II. The acknowledgment for the trustee does not include a 1 ine to designate the officers who are signing for the corporation. One of our notary jurats has been enclosed as a sample for your convenience. 5. The certificates used are the ones the State Map Act designates for use with subdivision maps. The ones designated for parcel maps should be used, t: I T Y I J F (~;\ M I) II E t t Paul Ta i 2 July 25. 1984 If you have any questions, please contact the undersigned. Very truly yours, Joseph Ell i oU Director of Publ ic Works I~ ~ 11-""0j- James Penoyer V Engineering Technician JP/jp Enclosure CITY OF CAMPBELL " f"{ '...--- f3; r;~o -1 75 NORTH CENTRAL AVENUE C AMP BEL L. C A L I FOR N I A 9 5 0 0 8 (408) 378-8141 Department: Planning June 6, 1984 PM 84-03 APPROVAL OF TENTATIVE PARCEL M\P LANDS OF MGR PAR1NERSHIP APN 403-3-28 1207 9.lIm AVE, Final map thereof shall be filed with the City Engineer for examination, approval and recordation in accordance with the provisions of the Sub- division Map Act, mNDITIONS OF APPROVAL 1. File a parcel map in accordance with the provisions of the State Subdivision ~bp Act. Dedicate additional land to widen Smith Avenue to 30' from the center 1 ine , Install street improvements across the frontage of &!lith Ave. Pay stonn drainage area fee! 1 SLj :..:.:::: Provide a copy of the CC&R' s, for review by the Public Works Director. Pay a fee in lieu of dedication of land for park purposes, .; '\ ..! (~, I ". , 2. 3. 4. s. 6. APPROVED BY nrn CI'IY ENGINEER OF THE CI1Y OF CAMPBELL ON .ruNE 6, 1984 APPROVED BY THE PLANNING DlREcroR OF mE CI1Y OF CAMPBELL ON U84 A. ~ ~G DIRECTOR ~~~~croR OF PUBL IC IDRKS MANDATORY FINDING This Tentative Parcel Map, together with the provisions for its design and improvement, is consistent with the General Plan of the City of Campbell. CITY OF CAMPBELL MEMORANDUM To: A. rtl,u r kc -0\,., 11 J <-/ I ~.nl'l;I1~ L/t~cc.1o,- Date: Mo y 2.~./ I Of s' 4 From: jL~ P~no'y~v Subject: -T~ \'"'\+0 ~ ,'v~ 'Pet rcc..1 1"1 Cl r: A. p^'. L;oc:> -"3 - 2..fr Lt\nJ~ pf M ~~ PCI.\--L,c.r-:.h:l,=, ---------------------------------------------------------- s~ to, r . DM/L ~J4~ f \ f~~ ~~ h S~ ~ F~-JJ ~u<~J ('-"16- ~J.)) dJd-0< ~~ J f~~ '-----d ~ ~~J Lt-1\ Ar.J -( 1L 2 J- / / '1 t 1. ] MEMORANOUM To: From: Subject: Arthur A. Kee, Planning Director EIlj~~ector of Public Works CITY OF CAMPBEll Date: Afr; I 25/ ICf8"1- Joseph TENTATIVE PARCEL MAP t h' LANDS OF 1'1 G R "'PC\r\n ~ rS \ r A.P.N. -40~-3-28" ---------------------------------------------------------- This office recommends approval of the proposal, subject to the following conditions: 1. File a parcel map in accordance with thi provisions of the State Subdivision Map Act, fa 1hc L, "De J;ca~ odd; t~n~ t +0 30 1<:<t- fr~q., ). \ h st-,. \ l stn<.. t \ '" \...o"~m c.-, t c:> t S rn ,th A II!, ~,1Joo./ ':ltot"""Y"\ CL-Cl;IIC\J~ d,,-et:t tahl -\-h~ f", Pr-o V ,'d l.. C\ CO PI' of fh ~ Pi rec- 10,,, rt:...y'tCv..; by fe<- for f~""'rcses, (., 'P,/ la n d Cl - \ 1"1.. lie (\ pt pqrk tp wl'de.n c..e.nt-ct' \'lne., Srn~+h A v~ r/U L- 0. L rCl 50S ~~ fro n f-nJ <- c c j ~ J ~r- of Publ<- II\/orkJ. d e J ; C-lt 17 p' 1\ of t / ,,\\'TLE-c~" I~{y-j.~' ~~ :-' \ ~ Ie{ \-< \ I \ ;' ~ ".//. 3/13/84 8-10 ALL-CALIFORNIA TITLE COMPll'~Y lFJ8:; Bascom Avenue. Sa" Jose, California 95128 . (408'12873230 PRELIMINARY REPORT ESCROW No, 7966 LB TO: Marc L. Mengo ESCROW OFFICER L. Barker RECEIVED APR - 5 192Lt TITLE OFFICER D. Perry BUYER TECHHICAL ANALYSIS, INC. SITUS: 1207 Smith Avenue Campbell 111 respollse to the above referenced application of title insurance, All-California Title Company hereby reports that It is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Sched41les, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached, Copies of the Policies Forms should be read. They are available from the office that issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. This report is subject to a $100.00 cancellation fee as required by Section 12404 of the Insurance Code and Rule 2 of the Department of Insurance Bulletin NS-35E. Date as of __ March 7 19~4at 7:30 a.m, The form of policy of title insurance contemplated by this report is: ALTA and or CL TA. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE. Title to said estate or interest at the date hereof is vested in: i"1ARC L. MENGO, an unmarried man, an undivided 50%, JERRY GREEN, a married IDem', an undivided 25% and DOUG RODRIGUES, a married man,an undivided 25% interest The land referred to in this Report is situated in the State of California, County of Santa Clara, and is described as follows: ,,~. . "hibit "10." for Leg",' Dt;gcription 7966 EXHIBIT" A" The L tnd referred to is si tuated in the .state of California, County of Santa Clara, City of Campbell and is d~s('t'i bed as follows: Begirlning at a point on the Easterly liric of the San Tomas Aquino Road, distant thereon South 60 40' West '5hO.96 feet from the point of intersection of said line, with 1.h(, cerJtet' J itjt~ of Hazel Avenw:,; thence leaving sq.id line and runrling alo[Jg the center li,nA of a 50 foot right of way North 890 52' East 158 feel to the true point of beginning of the property hereir! described; therl'..2e along ~3aid center lirle, North 890 52' East 62 feet; thence leaving said center line and running North 0' 080 West 195,03 feet;thence South 89' 520 West 62 feet; thence South 0' 080 East 195.03 feet to said true point of beginning, and being part of Lots 5 and 8 as said Lots are delineated and designated upon map entitled, "Map of the Subidi vision of the E. W. Parr Tract, beit1.g a portion of the Rancho Rinconada de Los Gatos", and which said map was recorded on April 2, 1881, in the office of the County Recorder of the County of Santa Clara, State of California, in Volume "B", of Maps, page 51, EXCEPTING THEREFROM the Southerly 25 feet of said land, At the date hereof exceptions form would be as follows: ,overage in addition to tr ;(~ P!:, I,'rj i: ',I' liS ,:1'.1 [XCili;I",' 111 ,Jid policy 1, Taxes for the fiscal year 1984/85, a lien, but rIot yet due or payable, 2, Taxes for t.he fiscal year 1983/84, as 1'oJ 1 ,i\-JS: Bill No. 406-03-028. Code Area 10-054, First InstallrnerJt Second Installment $670.1~1 FAID $670.41 DUE AND PAYABLE Exemption: $NONE 3. Any amounts which may be added to the proper'ty tax amounts for fiscal year 1979-80 and 1980-81, arId 1982-83 by reason of a reappraisal of any improve- ments added to, or change of ownership of, the hereindescribed pranises subsequent to March 1, 1975, 4, "The lien of supplEmental taxes, if any, assessed pursuant to Chapter 498, Statutes of 1983 of the State of California" 5, Deed of Trust to secure an indebtedness of $72~000,OO and any oth~r trusts therein set forth, Recorded June 9, 1983, in Book H619 of Officiai Records, Page 733, Dated Trustors Trustee June 6, 1983 MARC L. MENGO, arl unmarried man CALIFORNIA LAND TITLE COMPANY OF SANTA CLARA COUNTY, a California corporation BARBARA COOPER, a married woman, as her sole and separate property alu the heirs and or/divisees of VERA EPPERSON, Deceased None shown (13029 Pfeifle Avenue, San Jose, CA. 95111) Beneficiary Loan No. 6, Possible community interest of the spouse(s), if any, of the Vestee(s) herein, (, The obtaining of a StatEment of Information from the Vestees herein, 7966 NOTES 1. The last recorded instrument(s) conveying )~ecord title to the prEmises is/are: A. Deed executed by BARBARA COOPER, a rncll~r led woman and BARBARA COOPER, Executrix for the Estate of VERA EPPERSON, Deceased Grantor(s) to MARC L. MENGO, an lmma,rr'ied man, Grantee(s), recorded .JurH'! 9, 1983, in Book H619 of Official Records, at Page 731. B, Deed executed by MARC L. MENGO, an ur~arried man Grantor(s) to MARC L, MENOO, an unmarried man, an undivided 50%, JERRY GREEN, a married man, an undivided 25% and DOUG RODRIGUES, a married man, an undivided 25% interest Grantee(s) recor~ed JW1e 24, 1983, in Book H663 of Official Records, at Page 278. The last conveyances affecting said land recorded within the last six months, prior to the date of this report are: None, 2. Pursuant to Santa Clara County Ordinance No, NS-300,266, said premises will be subject to the Survey Monument Preservation fund fee of $10.00 upon conveyance, 6-9-83 (ST) ARB 405-11-22 DP/cg ('.ompared 1/ ~j( 3-21-84 ~ s. SAN ~". 1.:;; ",... ,~ .,. ...' .. AQUINOo t-=-~ . ! 1Q\ ~ I i II .. :J " f <( ~, ~; "" '" ~ '-.... ~ ~ ~ H. I", t~' ; '..... I~ I~ . ~ I\;; ,- t. 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