AgdaPkt 2011-09-12 - Laserfiche WebLink

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6. 1. F. - Page 74 Definition of Building Common Area, Definition of Common Area, Definition of Exclusive Use Common Area, Definition of Declaration, Definition of Development Agreement, Definition of Stormwater Improvements, Definition of Stormwater Plan, Section 2.2(b) (Common Area), Section 2.6 (Conveyance of Association Common Area), Section 2.8 (Annexation of Additional Property), Section 2.11 (Affordable Housing), last sentence of Section 3.7(e) (Manager), Section 5.1 (Association's Rights and Obligations to Inspect, Maintain and Repair the Development), Section 5.5 (Maintenance of Landscaping), Section 5.8 (Water System Maintenance), Section 5.9 (Storm Drains / Stormwater), Article 6 (Utilities and Easements), last sentence of Section 7.4 (Animals), last sentence of Section 7.5 (Garbage and Refuse Disposal), Section 7.26(m) (Architectural Control), Section 11.3(c) (No Amendment Without City Consent), Section 11.4 (Notice of Airport in Vicinity), last sentence of Section 11.6 (Termination of any Responsibility of Declarant), Section 11.16 (Third Party Beneficiary), and Section 11.17 (Compliance with Laws). City hereby delegates to City Manager the authority to approve or deny modifications to any or all of the foregoing, with final language subject to City Attorney approval. Section 11.4 Notice of Airport in Vicinity. The following notice is required by California Civil Code Section 1353: NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you. Section 11.5 Limitations of Restrictions on Declarant Declarant is or may be undertaking the work of developing Condominiums and other improvements within the Development, which work may also include work on existing buildings and appurtenances within the Development. The completion of that work and the sale, rental or other disposal of the Condominiums is essential to the establishment and welfare of the Development as a condominium community. In order that said work may be accomplished and the Development be established as a fully occupied condominium community as rapidly as possible, and for a period of time terminating upon sale of the final Unit owned by Declarant, nothing in this Declaration shall be understood or construed to: (a) Prevent Declarant or Declarant's contractors or subcontractors from performing on the Development or in any Unit whatever is reasonably necessary or advisable in connection with the completion of said work, including, without limitation, causing noise, dirt dust, odors, smells or other disturbances; in connection with any work, construction on any portion of the Property or any building in any Phase or Future Phase of the Development; (b) Prevent Declarant or Declarant's contractors or subcontractors from using the driveways or entranceways from Bair Island Road, One Marina Road or any other road or walkway in the Development to the Property or any building or Phase or Future Phase In connection with the completion of any work on the Property or any building or Phase or Future Phase; (c) Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts of the Development such structures as may be reasonable or necessary for the conduct of its business of completing said work and establishing said Development as a community and disposing of the Condominiums by sale, lease or otherwise; 64 CCRS -One Marina. docx