AgdaPkt 2011-09-12 - Laserfiche WebLink

Browse Search

6. 1. F. - Page 75 (d) Prevent Declarant from conducting on any part of the Development its business of completing said work and of establishing a plan of condominium ownership and of disposing of said Development by sale of Condominiums or otherwise, including use of a Unit, multiple Units or portion of the Common Area as a sales office or other buyer or resident service purpose; (e) Prevent Declarant from maintaining such sign or signs on any part of the Development as may be necessary for the disposition of the Development by sale of Condominiums or otherwise; and /or (f) Subject Declarant to the Architectural Control provisions of this Declaration for the construction of any Condominium or other improvement on the Development. (g) Prevent Declarant from increasing or decreasing the number of Condominiums that may be annexed to the Development or from changing the exterior appearance of Common Areas structures, landscaping or any other matter directly or indirectly connected with the Development in any manner deemed desirable by Declarant, if Declarant obtains all governmental consents required by law. (h) Declarant and Declarant's successors and assigns may use the Common Area and /or a Unit(s) owned by Declarant for a model Unit, design center, customer service center or display and sales office which promotes the Development until the last unit is sold. (i) So long as Declarant or Declarant's successors and assigns owns one or more of the Condominiums established and described herein, Declarant and its successors and assigns shall otherwise be subject to the provisions of this Declaration. The provisions of this Section 11.5 may not be amended without the consent of Declarant until three (3) years after (i) all of the Annexation Property has been annexed to the Development, and (ii) all of the Condominiums in the Development owned by Declarant have been conveyed. (j) Each Owner acknowledges that (a) the construction of the Development may occur over an extended period of time, (b) the Owner's quiet use and enjoyment of the Owner's Unit may be disturbed as a result of the noise, dust, fumes, vibrations and other nuisances associated with construction activities, and (c) the nuisances will continue until completion of the construction of the entire Development and any subsequent Phase(s) annexed thereto. Section 11.6 Termination of any Responsibility of Declarant In the event Declarant conveys its rights, title and interest in and to the Development to any individual, partnership or corporation and causes a "Notice of Substitution of Declarant" setting forth the name and business address of such individual, partnership or corporation and a reference to this Declaration to be recorded in the Official Records of San Mateo County, Declarant shall be relieved of any further duty or obligation hereunder and such individual, partnership or corporation shall accept all such duties and obligations of Declarant and shall be entitled to exercise the rights available to Declarant hereunder. Declarant shall provide City Manager with a copy of the Notice of Substitution of Declarant concurrently with submittal thereof to the San Mateo County Recorder, and shall provide City Attorney with a conformed copy of such notice after recordation thereof. Section 11.7 Enforcement of Oblieation to Complete Improvements In the event that the Common Area of the Development has not been completed prior to the issuance of a final subdivision public report by the DRE, then Declarant shall enter into written agreements satisfactory to the DRE to secure the completion of such improvements. The Board shall consider and vote upon action by the Association to enforce the rights provided to the Association by such agreements if, within sixty (60) days 65 CCRS -One Marina. docx