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6. 1. F. - Page 77 <br />Section 11.12 Statutory References All references in this Declaration to particular statutes or <br />codes are references to the laws of the State of California and should be deemed to include the same <br />statute as hereafter amended or, if repealed, to such other statutes as may thereafter govern the same <br />subject as the statute to which specific reference was made. If a statute is repealed and no replacement <br />statute applies, then the requirement of the prior statute shall apply unless amended by the Association. <br />Section 11.13 Notices Any notice permitted or required by this Declaration, the Articles or the <br />Bylaws may be delivered either personally or by mail. If delivered by mail, such notice shall be deemed <br />to have been delivered seventy -two (72) hours after a copy of the same has been deposited in the United <br />States mail, postage prepaid, addressed to each Person at the current address given by such Person to the <br />Secretary of the Association or addressed to the Unit of such Person if no address has been given to the <br />Secretary. <br />Section 11.14 No Discrimination Notwithstanding anything that may be stated herein, no <br />provision of this Declaration shall purport to restrict or abridge, directly or indirectly, the right of an <br />Owner to sell or lease his Condominium because of the race, color, creed, religion, sex, sexual <br />orientation, marital status, national origin or ancestry of a proposed or actual buyer or occupant. <br />Section 11.15 Power of Attorney Each of the Owners irrevocably appoints the Association as <br />attorney -in -fact and irrevocably grants to the Association full power in the name and stead of such Owner <br />to sell the entire Development and to execute deeds and conveyances to it, in one or more transactions, for <br />the benefit of all Owners when partition of the Development may be had under Civil Code Section 1359 <br />and under the circumstances authorizing partition under this Declaration. This power of attorney shall <br />(i) be binding on all Owners whether they assume the obligations under this Declaration or not; (ii) be <br />exercisable by a majority of the Board acting on behalf of the Association subject to obtaining the prior <br />approval by vote or written consent of sixty -seven percent (67 %) of all Mortgagees of First Mortgages; <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 />Section 11.16 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 />Section 11.17 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(c) (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 (including <br />overhead allocations), and to impose liens against the Association Common Area, applicable Building <br />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 />67 <br />CCRS -One Marina. docx <br />