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AgdaPkt 2012-06-25
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AgdaPkt 2012-06-25
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Last modified
6/25/2012 9:41:29 AM
Creation date
6/25/2012 8:57:57 AM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
6/25/2012
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6.1.J. - Page 48 <br /> successors of Declarant by operation of law or by exercise of the remedies under a mortgage, <br /> deed of trust or deed in lieu of foreclosure. <br /> 1.3. "Declaration" means this Declaration of Covenants, Conditions and Restrictions <br /> for 2580 El Camino Real—Urban Housing Redwood City LLC, and any amendments thereto. <br /> 1.4. "Owner" means the fee owner of the Property, including the following: If <br /> Owner transfers its present interest in the Property or a portion of such interest in such manner as <br /> to vest its present interest in such Property in more than one Person other than by creation of a <br /> separate legal parcel, then not less than a majority in interest of such transferees shall designate <br /> one of their number to act on behalf of all of such transferees in the exercise of the powers <br /> granted to the Owner under this Declaration. So long as such designation remains in effect, such <br /> designee shall be an Owner hereunder and shall have the power to bind the Property and such <br /> other Owners. Such designation shall not release such Owners from liability hereunder. Any <br /> such designation must be in writing and served upon the Declarant. <br /> 1.5. "Person" means a natural individual or any legal entity recognized under <br /> California law. When the word "person" is not capitalized, the word refers only to a natural <br /> person. <br /> 1.6. "Project"refers to the Apartment Project. <br /> 1.7. "Property" refers to the real property described in Exhibit "A" attached hereto <br /> and incorporated herein by reference. <br /> ARTICLE 2 <br /> COVENANTS, CONDITIONS AND RESTRICTIONS <br /> 2.1. Declaration. Declarant declares that the Property is, and shall be, held, conveyed, <br /> hypothecated, encumbered, leased, rented, used, occupied and improved as a residential project. <br /> Prior to selling any of the residential units in the Property as condominiums as such term is <br /> defined in Section 1351 of the California Civil Code, the Declarant shall amend and restate this <br /> Declaration in its entirety to include all of the rights and obligations pertaining to the <br /> condominiums, which amendment and restatement shall be subject to the provisions of Section <br /> 2.2 below. The foregoing limitations, restrictions, covenants and conditions shall run with the <br /> land, shall be binding on and inure to the benefit of all parties having or acquiring any right, title <br /> or interest in the Property, shall be enforceable equitable servitudes and shall be binding on and <br /> inure to the benefit of the successors-in-interest of such party. <br /> 2.2. Amendment. No modification, waiver, amendment, discharge, or change of this <br /> Declaration ("Amendment") shall be valid unless the Amendment (a) is in writing, (b) is signed <br /> by the Owner, and (c) is approved by the City Manager of the City (the "City Manager") which <br /> approval shall not be unreasonably withheld or delayed. Any Amendment must comply with the <br /> conditions of approval to the tentative map approved by the Planning Commission on February <br /> 13, 2012, attached hereto as Exhibit `B" and incorporated herein. The City shall have thirty (30) <br /> days to approve or reasonably to disapprove any Amendment. If the City fails to do so within <br /> such thirty (30) day period, then the Owner may send the City Manager a written notice <br /> requesting such approval within an additional ten (10) days. If the City Manager does not <br /> ATTY/AGR/2012.075/2580 ECR(URBAN HOUSING)CCRS <br /> REV:06-08-12 VR <br /> Page 2 of 10 <br />
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