AgdaPkt 2014-05-12 Joint with Planning

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7.1.F. - Page 67 Project, other than Unit Owner coverage per Section 8.1.F, and insurance policies for the directors, officers and agents of the Association, and bonding the Members of the Board; (f) taxes paid by the Association; (g) unpaid Special Assessments, and amounts the Board determines are necessary to maintain and fully fund the Reserve Fund; (h) amounts paid by the Association for discharge of any lien or encumbrance levied against the Project and (i) any other amount designated in this Declaration as a Common Expense. Common Expenses shall include, as General Use Common Expenses, any costs and expenses incurred by the Association for maintenance, repair and replacement of sidewalks and street trees located in the public rights of way adjacent to the Project, if and to the extent such maintenance, repair and replacement of sidewalks and street trees is required by any City Project approvals or other agreements with the City. Common Expenses shall include the costs and expenses of the Association for domestic water service furnished to the Residential Units, which shall be apportioned to the Residential Units by the Association as part of Residential Common Expenses set forth in Section 4.5.C. The costs to the Project for the obligations under the Landscape Maintenance Agreement made between Declarant and the City shall be included as Common Expenses of the Association and shall be included as a part of the General Use Common Expenses. The costs to the Project for the obligations under the Stormwater Treatment Measures Maintenance Agreement between the Declarant and the City shall be included as Common Expenses of the Association and shall be included as a part of the General Use Common Expenses. Common Expenses shall be designated under this Declaration as (1) General Use Common Expenses, (2) Residential Common Expenses or (3) Garage Expenses. 1.25. "Common Interest": The proportionate undivided interest in the Building Common Area for each Phase of the Project that is a part of each Condominium as set forth in this Declaration. 1.26. "Condominium": An estate in real property as defined in Civil Code § 783 and Civil Code § 4125, consisting of an undivided interest in the Common Area and a separate interest in space called a Unit. 1.27. "Condominium Plan": The recorded three-dimensional plan of the Condominiums built or to be built on the property in the Project which identifies the Common Area and each Unit as a separate interest pursuant to Civil Code §§4120 and 4285, recorded in the Official Records of the County on , 201_ as Document 1.28. "County": The County of San Mateo, California. 1.29. "Davis-Stirling Act": Civil Code Sections 4000 et seq. 1.30. "Declarant": Downtown RWC Res, LLC, a Delaware limited liability company, and any successor or assign that expressly assumes the rights and duties of the Declarant under this Declaration, in a recorded written document. 1.31. "Declarant's Rights": As defined in Section 9.7. 1.32. "Declaration": This Declaration, as amended or supplemented from time to time. 1.33. "Declaration of Annexation": An instrument executed, acknowledged and recorded by Declarant that imposes covenants, conditions or restrictions or reserves easements for all or a portion of the Annexation Property in addition to the covenants, conditions, restrictions and easements established by this Declaration. A Declaration of Annexation may modify this Declaration as it applies to the real property encumbered by the Declaration of Annexation. 1.34. "Demising Wall": A wall between contiguous Units, the space within which is Common Area. 1.35. "Design Guidelines": The rules or guidelines setting forth procedures and standards for submission of plans for Architectural Control Committee approval. 1.36. "Director": a director serving on the Board of Directors of the Association pursuant to the Bylaws. 4 [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc