AgdaPkt 2015-06-22 Interview and Joint SA PFA

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36 6557.03/12309 or replacements shall be paid to the Association by said responsible Unit Owner, as further described in Section 5.2 below. (g) Pursuant to the BCDC Permit and as required by Planned Development Permit PD2012-01 and VTTM TM 201202 Conditions of Approval imposed by the City of Redwood City, the Association shall be obligated to comply with the following requirements: (1) Declarant shall be permitted to transfer and/or assign Public Access Area inspection, maintenance and repair responsibility to the Association upon written acceptance by the BCDC, and the Association shall be obligated to accept such transfer and/or assignment, and shall be obligated to agree, in writing, acceptable to counsel for the BCDC, to be bound by and comply with the terms and conditions of the BCDC Permit. Prior to such transfer or assignment to the Association, Declarant shall provide the Association with a copy of the BCDC Permit and shall refer the Association to any provisions of the BCDC Permit concerning public access or open space, or the need to obtain approval of construction plans prior to the commencement of any construction at the Property. (2) Upon the transfer or assignment of the BCDC Permit to the Association, the Association shall (1) have the authority to impose charges on the Members to assure that the Association has sufficient financial resources to maintain all of the improvements and landscaping in the Public Access Area; (2) have the legal authority to take any and all actions necessary to maintain all of the improvements and landscaping in the Public Access Area; (3) provide that each and every Member is jointly and severally liable to maintain all of the improvements and landscaping in the Public Access Area pursuant to the BCDC Permit; and (4) have the authority to accept a partial assignment of the amended BCDC Permit. The BCDC may serve all notices, including notices on any Members, on the Association only. (3) No more than ten (10) days after transferring or assigning any interest in the Property subject to the BCDC Permit to the Association, Declarant shall (a) notify the BCDC of the nature of the transfer, the contact information of the Association, and the effective date of the transfer, and (b) submit to the BCDC a fully-executed transfer or assignment of the BCDC Permit for the area subject to the transfer which indicates that Declarant has transferred or assigned the BCDC Permit and that the Association acknowledges that it is bound by the terms and conditions of the BCDC Permit. The Association shall cooperate with Declarant in meeting such obligations, including any documents requested by Declarant or BCDC. (4) Upon the transfer or assignment of the BCDC Permit to the Association, the Association shall maintain the improvements located within the Public Access Area. The Association’s responsibility for maintenance and repair shall include repairs to all path surfaces; replacement of any plant materials that die or become unkempt; repairs or replacement to any amenities located in the Public Access Area, such as the non-motorized boat launch, signs, benches, trash containers, and lights, as needed; periodic cleanup of litter and other materials deposited within the Public Access Area; removal of any encroachments in the Public Access Area; assurance that the public access signs remain in place and visible; and, repairs to the Public Access Area or improvements that are damaged by future subsidence, uneven settlement, flooding, or inundation caused by sea level rise, including raising land elevations or redesigning features of the Public Access Area to protect and ensure the usability of the Public Access Area and improvements located in the Public Access Area at all times. Within thirty (30) days’ notification by the BCDC staff, the Association shall correct any maintenance deficiency noted by staff inspection of the site. The Association shall obtain approval by or on behalf of the BCDC of any maintenance which involves more than in-kind repair and replacement. As depicted in the Blu Harbor Residential Community plans, pedestrian and bicycle access to the waterfront shall be 7.1.K. - Page 40