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6.1.D. - Page 46 (e) ACA 1 and ACA 3 shown on the Current Phase Condominium Plan shall be conveyed to the Association by Declarant no later than the date that is three (3) years after the recordation of this Declaration of Annexation and the Current Phase Condominium Plan. 7. Assessments. Upon the first day of the first month following the close of escrow for the sale of the first Condominium Unit in Phase 8 or at such earlier date as Declarant may determine, the Assessments for the Development shall be reassessed so that all Condominiums within the Development, including those within Phase 8, are assessed for a share of the total Development expenses as provided in Article 4 of the Declaration and the Association Budget. 8. Reserves for Common Area Improvements. If the Condominiums in Phase 8 have been used and occupied under a rental program conducted by the Declarant that has been in effect for a period of at least one year as of the date of closing of the escrow for the first sale of a Condominium in Phase 8, Declarant shall, concurrently with this closing, pay to the Association the amounts for reserves for replacement or deferred maintenance of Common Area improvements in Phase 8 described in Section 2.8 of the Declaration. 9. Supplemental Stormwater Plan and Stormwater Improvements. In furtherance of the general plan for phased development of the One Marina condominium project described in the Declaration and in substantial conformance with the plan of phased development approved by the Department of Real Estate and City of Redwood City, the Supplemental Stormwater Plan described in Recital F of this Declaration of Annexation shall supplement the Stormwater Plan and Stormwater Improvements which the Association shall be responsible and obligated to inspect, maintain and repair as provided Sections 5.1, 5.9 and 6.2 of the Declaration. All provisions of the Declaration applicable to the water systems, sanitary sewers, storm drains, drainage systems and Stormwater Improvements located in the Common Area, including the allocation of all costs, expenses and Assessments related thereto and in connection therewith, shall also apply to the water systems, sanitary sewers, storm drains or drainage systems and other stormwater and related improvements located in the Common Area described in the Supplemental Stormwater Plan. Upon Annexation of Phase 8 to the Development described in the Declaration, all responsibility and obligations of Declarant (and its predecessor in interest) for operation, maintenance, repair, inspection and replacement of all water systems, sanitary sewers, storm drains, drainage systems, Stormwater Improvements and all improvements related thereto located in the Common Area as set forth in the Stormwater Plan and the Supplemental Stormwater Plan shall be transferred and assigned to the Association. 10. Supplemental Landscape Maintenance Agreement. In furtherance of the general plan for phased development of the One Marina condominium project described in the Declaration and in substantial conformance with the plan of phased development approved by the Department of Real Estate and City of Redwood City, the Supplemental Landscape Maintenance Agreement described in Recital G of this Declaration of Annexation shall supplement the obligations of the Association to inspect, maintain and repair the landscaping, irrigation systems, lighting, paths, furnishings and bioswales and other related improvements as provided in the Landscape Maintenance Agreement and as provided in Sections 2.13, 5.1 and 5.5 of the Declaration. All provisions of the Declaration applicable to the landscaping and related improvements and facilities located in the Common Area, including the allocation of all costs, expenses and Assessments related thereto and in connection therewith, shall also apply to the landscaping, irrigation systems, lighting, paths, furnishings and bioswales and other related 5 6557.02/Declxrxtion of Annexxtion.One Mxrinx PHASE R(PRELIMINARY DRAFC I-I 5-13)