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6.1.D. - Page 47 improvements located in the Common Area described in the Supplemental Landscape Maintenance Agreement. 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 landscaping, irrigation systems, lighting, paths, furnishings, bioswales and other related improvements located in the Common Area as set forth in the Landscape Maintenance Agreement and the Supplemental Landscape Maintenance Agreement shall be transferred and assigned to the Association; provided that the applicable terms and conditions of that certain Reciprocal Access Easement and Use and Maintenance Agreement (One Marina Way and Bair Island Road Improvements) recorded on January 13, 2012, as Instrument No. 20 1 2-005 1 80, in the Official Records of San Mateo County, State of California (the "RAE"), concerning the maintenance, repair and allocation of costs under the Landscape Maintenance Agreement as between Parcel 1 and Parcel2 described in the RAE, shall apply to the obligations of the Association with respect to the Improvements defined in the Landscape Maintenance Agreement. Reference is made to the RAE for further detail concerning the LMA, the allocation of costs described related to the LMA described therein, and the terms and conditions applicable to the Development. 11. Limitations on Application. Except to the extent that this Declaration of Annexation reallocates Assessments for the Development, none of the provisions contained herein shall be construed as diminishing any of the covenants, conditions or restrictions established by the Declaration, nor shall any provision be construed to discriminate between any Owner(s) in Phase 8 and any other Owner(s) in the Development except as otherwise provided in the Declaration. No amendment, addition, change or deletion in this Declaration of Annexation shall be deemed to alter or change the general common plan and scheme created by the Declaration nor shall the same affect the provisions of the Declaration as covenants running with the land or as equitable servitudes, all of which shall be uniformly applicable to all portions of the Development including the Annexation Property. 12. Rescission and Amendment. Prior to (i) the first conveyance of title to a Condominium in the Annexed property, (ii) conveyance to the Association of title to any portion of the Association Common Area in the Annexed property, and (iii) the commencement of assessments for Condominiums located in the Annexed property, Declarant shall have the right, in its sole and absolute discretion, to (a) amend this Declaration of Annexation, (b) rescind this Declaration of Annexation, (c) add any additional property to this Declaration of Annexation or subject phase, or(d)remove property from this Declaration of Annexation or subject Phase. 6 6557.02/Declxrxtion of Annexxtion.One Mxrinx PHASE R(PRELIMINARY DRAFC I-I 5-13)