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5 <br />6557.03/12309 <br />Plan” shall also mean and refer to any amendment or supplement to any previously recorded <br />Condominium Plan. <br /> <br />“CPI” shall mean and refer to the Consumer Price Index (1982/84=100) for all Urban Consumers <br />published by the United States Department of Labor, Bureau of Labor Statistics for the San <br />Francisco/Oakland area, or any successor entity thereto. <br /> <br />“Davis-Stirling Act” or “Act” shall mean and refer to the Davis-Stirling Common Interest <br />Development Act, codified in California Civil Code Section 4000 et seq. <br /> <br />“Declarant” shall mean and refer to the undersigned RWC Harbor Communities, LLC, a <br />Delaware limited liability company, and any such successors and assigns as the undersigned may <br />designate pursuant to the procedure set forth in Section 11.7. <br /> <br />“Declaration” shall mean and refer to this Declaration of Covenants, Conditions and Restrictions <br />Establishing a Plan for Condominium Ownership of Blu Harbor, a Condominium Project, as may be <br />amended or restated, and any amendments, modifications or supplements hereto. <br /> <br />“Declaration of Annexation” shall mean and refer to any instrument recorded in the Official <br />Records which extends the provisions of this Declaration to all or a portion of Parcel 1, Parcel 2, Parcel 3, <br />the Annexation Property or any other property. A Declaration of Annexation may impose covenants, <br />conditions or restrictions or reserve easements for all or a portion of Parcel 1, Parcel 2, Parcel 3 or the <br />Annexation Property in addition to the covenants, conditions, restrictions and easements established by <br />this Declaration. A Declaration of Annexation may modify this Declaration as it applies to the real <br />property encumbered by the Declaration of Annexation. <br /> <br />“Development” shall mean and refer to Parcel 1, Parcel 2, Parcel 3 and any other portion of the <br />Property so designated, together with all structures and improvements now or hereafter existing or erected <br />thereon and all property, real or personal, intended for or used in connection therewith. The Development <br />shall also mean and refer to any subsequent Phase(s) which become annexed into the Development in <br />accordance with Section 2.8, and which, thereby, become subject to this Declaration. In the event the <br />Property or portion(s) thereof is further subdivided, and a separate condominium project or projects are <br />established, then each such separate project may be designated as a separate development under a separate <br />declaration and related condominium documents. <br /> <br />“Eligible Insurer or Guarantor” shall mean and refer to an insurer or governmental guarantor of a <br />First Mortgage who requests notice of certain matters from the Association in accordance with Section <br />8.2. <br /> <br />“Eligible Mortgagee” shall mean and refer to a Mortgagee of a First Mortgage who requests <br />notice of certain matters from the Association in accordance with Section 8.2. <br /> <br />“Exclusive Use Common Area” shall mean and refer to those portions of the Building Common <br />Area set aside for exclusive use of an Owner or Owners as set forth in Section 2.2(c) of this Declaration, <br />and shall constitute “exclusive use common area” as defined in California Civil Code Section 4145. In <br />addition to those portions of the Building Common Area set aside as Exclusive Use Common Area <br />pursuant to Section 2.2(c) of this Declaration, the following portions of Building Common Area <br />designated to serve such Owner’s Unit exclusively shall be Exclusive Use Common Area: screens, <br />windows, window boxes, gates, exterior stairs leading exclusively to a Unit, exterior doors leading <br />exclusively to a Unit, door frames and hardware incident thereto for doors leading exclusively to a Unit, <br />any exterior treatment installed by an Owner pursuant to Association approval, and internal and external <br />7.1.K. - Page 9