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required herein, the approval has been certified in a writing executed and acknowledged by the officer
<br />designated in this Declaration or by the Association for that purpose (or, if no one has been designated, the
<br />President of the Association), and the amendment and certification have been recorded in the county in which
<br />the Development is located.
<br />Notwithstanding anything herein to the contrary, the easements appurtenant to any Lot as described
<br />in Sections 2.3 and 2.4 may not be modified or terminated without the prior written consent of the Owner of
<br />the Lot.
<br />10.3 Corrections. Notwithstanding anything herein to the contrary, Declarant reserves the right as
<br />the attorney -in -Fact for each Lot Owner to record an amendment or appropriate instrument of correction to
<br />correct any errors in this Declaration, or any exhibits thereto, and the consent of neither the Association nor
<br />any Lot Owner shall be required provided that if the correction affects the size, location or access or use
<br />rights to any Lot, the consent of that Lot Owner shall be required. The amendment shall be effective when
<br />recorded in the records of San Mateo County, California, signed by an authorized agent of Declarant.
<br />10.4 Mortgagee Reserved Amendment Rights. Notwithstanding anything herein to the contrary,
<br />Declarant reserves the right to amend this Declaration as may be necessary or advisable in order to include
<br />provisions that satisfy the requirements of the Federal National Mortgage Association (FNMA), the Federal
<br />Home Loan Mortgage Corporation (FHLMC), the Federal Housing Administration (FHA) and/or the Veterans
<br />Administration (VA). The Association and each Owner shall fully cooperate in the delivery, execution and
<br />recordation of any documents necessary to effect the amendments.
<br />10.5 City Amendment Rights. Notwithstanding anything herein to the contrary, the provisions of
<br />Sections 2.11, 2.12, 3.12, 3.13, 4.1.3, 4.1.5, 4.1.6, 4.1.7, 4.2, and this Section 10.5 may not be rescinded or
<br />amended without the prior written consent of the City Manager of the City, which consent shall not be
<br />unreasonably withheld, conditioned or delayed.
<br />Notwithstanding the foregoing, the Association can modify Sections 4.1 and 4.2 without approval
<br />from the City with respect to the shifting of maintenance obligations between the Owners and the Association,
<br />provided that it does not impact any City rights or obligations.
<br />ARTICLE 11
<br />Declarant Disputes
<br />Any claim, dispute or other controversy between: (i) the Association and/or any Owner(s) and (ii) the
<br />Declarant or any affiliated general contractor or affiliated contractor who is a "builder' within the meaning of
<br />Civil Code section 911, or any director, officer, member, shareholder, partner, employee or agent thereof
<br />(individually and collectively the "Declarant' for purposes of this Article 11) and/or any non-affiliated general
<br />contractor, non-affiliated contractor, subcontractor, material supplier, individual product manufacturer, design
<br />professional or any other Person that provided materials or services to the Development on behalf of
<br />Declarant, relating to this Declaration, the use, condition, design, specifications, surveying, grading,
<br />construction, installation, operation or sale of any Improvements or landscaping located within the
<br />Development, including (a) claims for actual and/or economic damages; (b) fraud claims; (c) personal injury
<br />claims; (d) breach of contract claims; and (e) violation of statute claims made under Civil Code sections 896
<br />and 897 (individually and collectively the "Claim"), shall be subject to the claims procedure set forth in
<br />Exhibit A attached hereto and incorporated herein.
<br />The claims procedure in Exhibit A do not apply to any action taken by the Association to enforce
<br />delinquent assessments against Declarant, which shall be governed by Section 6.10 of this Declaration.
<br />EDNB\53295\996553.3 32 August 18, 2016
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