Laserfiche WebLink
74 <br />6557.03/12309 <br />and (iii) be exercisable only after recordation in the Official Records of San Mateo County of a certificate <br />executed by those who have power to exercise the power of attorney that the power of attorney is properly <br />exercisable under the authority of this Declaration. This certificate shall be conclusive evidence of proper <br />exercise in favor of any Person relying on in it good faith. <br /> <br />Section 11.15 Special Tax Assessment or Mello-Roos Community Facilities Districts. The <br />Development may lie within the boundaries of a special tax assessment district and Mello-Roos <br />Community Facilities District that require the levy of a special tax for repayment of bonds issued for the <br />purpose of paying the cost of services or capital improvements. Unit Owner’s and/or the Association may <br />be required to pay such special taxes and assessments. The amount of the special taxes, assessments and <br />any other information pertaining to any such district(s) can be obtained from the County Assessor’s <br /> <br />Section 11.16 Third Party Beneficiary. The City of Redwood City (“City”) is hereby <br />designated as an intended third party beneficiary of the Association’s duties to perform its obligations <br />under those Definitions and Sections of the CC&Rs specifically identified in Section 11.3(e) (No <br />Amendment Without City Consent). In furtherance thereof, the City, by and through its City Manager <br />shall have the right, but not the obligation, to enforce the performance by any Owner, the Declarant, <br />and/or the Association of their respective duties under this Declaration, and compliance with applicable <br />laws. If, in its sole discretion, City Attorney, shall deem it necessary to take legal action against the <br />Association or any Owner to enforce such duties or other requirements, City shall be entitled to recover <br />the full costs of said action, including City’s actual attorneys’ and consultant fees and staff time <br />(including overhead allocations), and to impose liens against the Association Common Area, applicable <br />Building Common Areas, any Association owned property, and/or an Owner’s Unit or Condominium, as <br />applicable, until said costs are paid in full. To the extent City is named in any suit, action, or similar <br />proceeding in connection with this Declaration or any rights or obligations arising out of or deriving from <br />this Declaration, the Association shall indemnify, defend (with counsel acceptable to City in its sole <br />discretion) and hold City harmless therefrom and reimburse City for all associated costs incurred or <br />payable by City, including City’s actual attorneys’ and consultant fees and staff time (including overhead <br />allocations); provided, however, that such indemnification obligations shall not apply to any loss, <br />damage, or expense arising out of the sole or active negligence or willful misconduct of City. Failure by <br />City to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the <br />right to do so thereafter. <br /> <br />Section 11.17 Compliance with Laws. In connection with their respective obligations under <br />this Declaration and/or as owners of interests in the Development, the Property or portions thereof, each <br />Owner, the Declarant, and the Association shall comply with all applicable laws, ordinances, statutes, <br />rules, and regulations of any local, county, state or federal body or other agency/ies with authority <br />whether or not said laws are expressly stated herein (including those imposed by the City or any other <br />public agency/ies as conditions of approval for development of the Development, the Property, or any <br />portion thereof. <br /> <br />[balance of page intentionally left blank] <br />[signatures on following page] <br />7.1.K. - Page 78