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6. 1. F. - Page 25 any existing obligation to continue to pay its equitable share of the cost of maintenance and repair of common facilities. (f) Right of Successor Declarant to Annex. The right of unilateral Annexation provided for in Section 2.8(a) above constitutes a covenant running with the land, and is as such enforceable by any owner of the Property described in Recital A above, or any part thereof, including the present owner or its successor or assignee, and Declarant or any successor or assignee of Declarant who acquires the Property described in Recital A above, or any part thereof, and who assumes the role of Declarant with respect to the annexed property as provided in Section 11.6 of this Declaration. (g) Annexation Pursuant to Approval. Property other than the Annexation Property may be annexed to the Development upon approval in writing of the Association, pursuant to vote or written consent of a two- thirds (2 /3rds) majority of the voting power of its Members, excluding the Declarant, and the approval of Eligible Mortgage Holders as may be required under Article 8 of this Declaration. Upon such approval, the Owner of such property may file of record a Declaration of Annexation. Upon the recording of such Declaration of Annexation, the annexed property shall be subject to the juri sdiction of the Association. (h) The provisions of this Section 2.8 may not be amended without the consent of Declarant until three (3) years after all of the Annexation Property has been annexed to the Development. Section 2.9 Title Rights. This Declaration shall not be construed to constitute a limitation on Declarant's title rights to the Annexation Property prior to its annexation, nor shall it impose any obligation on Declarant or any other person or entity to improve, develop or annex any portion of the Annexation Property. This Declaration shall not be construed to limit the right of Declarant at any time prior to such an annexation to establish additional licenses, easements, reservations, restrictions and rights -of -way for itself, utility companies or others as reasonably necessary for the proper development and disposition of property owned by the Declarant. Section 2.10 Noise Transmissions. The Development has been designed to meet the acoustical building code standards in effect at the time the Development was constructed. The standards establish minimum performance criteria and do not eliminate all noise transmissions. Occupants will hear noise from other Units and noises from outside the Condominium Buildings, including, but not limited to noise from music, televisions, stereo and other audio equipment, foot traffic from other Units and the Common Area, noises generated by use of the Common Area, plumbing fixture operations, fans, equipment located on the roof and above ceilings of a Condominium Building, parking garages, vehicles, doors, trash and recycling disposal, truck and bus traffic, delivery trucks, sirens, aircraft noise and other street noises. Occupants will also hear and experience noise and vibrations in connection with the completion of construction of Phase 1 as well as other portions of the Property and adjacent and nearby properties. Section 2.11 Affordable Housing Program. Certain Condominium Units in the Development may be designated as affordable or below market rate units subject to certain resale and rental restrictions. Owners and the Association may contact the City of Redwood City for further information concerning the affordable units and any applicable restrictions. Section 2.12 Notice of Airport Activities and Commercial /Industrial Activities in Vicinity There are existing extended - hours, heavy commercial and industrial activities in the vicinity of the Development, as well as airport flight operations associated with San Carlos Airport, that may have perceived daytime and nighttime visual, traffic, noise /vibration, and /or air quality - related nuisance effects. 15 CCRS -One Marina. docx