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6.1. F. - Page 27 ACKNOWLEDGE AND AGREE THAT THEY (1) ARE GIVING UP ANY RiGHTS THEY MIGHT P�SSESS TO HAVE THE DISPUTE LITIGATED iN A C�URT OR BY A JURY TRIAL AND (2) ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS TH4SE RIGHTS ARE SP�CIFICALLY INCLUDED 1N TI� "BINI]1NG ARBITRATION" PROVISION. IF TI� AGREEING PARTIES REFUSE TO SUBM�T TO ARBITRATION AFTER AGREEING OR BE1NG DEEMED TO HAVE AGREED TO THIS PR4VISION, THE AGRE�ING �'ART�ES MAY BC COMPELLED TO ARBITRATE i_JN7�ER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. THE AGREEING PARTIES' AGREEMENT TO THIS ARBITRATION PROVISION IS V�LUNTARY. 6.14 Nurtiber; Gendex•: The sing�la�� a�nd plurai n��nbe�• and �nasculine, fejninine, and neuter gender shall each include the other wl�ere the context requires. 6.15 City of Redwaod City: A. The Owr�ers and the Association t•ecognize that the use, modificatian and pcop�r maintenance of tlae Cominan Area is for the benefi# of all cit�zens of the City and that the City is an it�tended thit•d party bez�efciary of ihese cove�a��ts, conditions, and restrictions and �nay, upan written natice, as set fa��t� beInw, (i) exercise the same por�vers of enForcement against the Owners as the Association would be ei�titled to exercise hereunder or (ii) exercise all rights pro�ided hereunder o�• any other iigl�ts or rernedies a�ailable to the City at law or in equity against the AssociatFOn for its fail�.ire to perfarm its duties hereunder, including but not litnited to the obligation to coinply with all Conditians of Approval, or for its b�•each of the teztxzs of this Declaration. B. The City may, by maiI or personal deli�very, give written natice of tne breach of any (i) inaintenance obligatian to the Association or (ii} City law, ordinance or condition of app�•oval applicable to the Project, with a dernand that such breach be remedied. If such breack is not remedied within thirty (30} days of the maiiing or deliveiy of s�.�ch notice, the City shall have standing and the t•ight (bL�t t�ot obligation) to bring a co►�rt actian against the Association and Owne�•s to enforce s��ch pravision. In addition, the City shall be entitiled to reeover reasanable attori�eys' fees and costs incurred in such action. C. At the City's sole and absolute disc�•etion, the above-described notice tnay alsa contain a date for a hearing on the matter 6efore a City empIoyee designated by tk�e City {which heaiir�g shall be held no soone�• ihan �fteen {1 S) days after inailing of sueh notice), and if after s�cl� hearing the City deterr�ines t�at the�•e has been inadequate maintenance, the City shall have the right (but not the abligation) to undertake the maintenance of the Common Az•ea in question. Any and all costs incurred by the City in sa maintaining th� Common Area shall be a lien against all af the pt•ope� i�cIuded within tl�e P�•oject a��d shall be the personal responsibility of the OwneE�s and the Association. D. The Project shall be and remain subJect to the Conditions of Appz�oval a�d a11 other Pro��ct approvaIs by the City. Any char�ges and/or modifications to t��e Praject and/or ATTY/AGR/201 I.133 D�.CLATZA'l'IOIV OP CCRs -- KEN'I'i� [ELD REV:12101/f ► ..� g_