AgdaPkt 2014-05-12 Joint with Planning

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7.1.F. - Page 81 (4) Quality of Construction: Future improvements to the Project will be consistent with initial improvements in terms of structure type and quality of construction. The provisions of this Section 2.8 may not be altered, amended or deleted without the prior written consent of the Declarant, as long as Declarant owns any of the Annexation Property. 2.9. All Easements Part of Common Plan: Whenever any easements are reserved or created or are to be reserved or created in this Declaration, such easements shall constitute equitable servitudes for the mutual benefit of all property in the Project, even if only certain Units are specifically mentioned as subject to or benefiting from a particular easement. Easements referred to in this Declaration that are created by grant deeds, subsequent to the date of this Declaration shall be part of the common plan created by this Declaration for the benefit of all property Owners within the Project. 2.10. Noise Transmission: The Project has been designed to meet the acoustical building code standards In effect at the time the Project was constructed. The standards establish minimum performance criteria and do not eliminate all noise transmissions. Occupants will likely hear noise from other Units and noises from outside the Building, including, but not limited to noise from music, televisions, stereo and other audio equipment, foot traffic from other Units and the Common Area, noises generated by use of the Common Area, plumbing fixture operations, fans, equipment located on the roof and above ceilings of the Building, doors, trash and recycling disposal, truck and bus traffic, delivery trucks, sirens, aircraft noise and other street noises. the Project is a mixed-use project containing different commercial uses along with the residential condominiums, and the residential unit owners and occupants in the Project will hear noise from the sources described herein this Section 2.10 as well as other noises from other sources. 2.11. Construction Activity: Each Owner acknowledges that: (i) the construction of the Project may occur over an extended period of time; (ii) the quiet use and enjoyment of the Owner's Unit may be disturbed as a result of the noise, dust, vibrations, and other effects of construction activities; and (iii) the disturbance may continue until the completion of the construction of the Project. 2.12. Mixed-Use Project: The Residential Units are part of a larger mixed-use Development which may also include a mixture of commercial and residential uses. Such commercial uses will attract customers, clients, pests, vendors, employees, delivery services, garbage and recycling services, etc., to the overall Project, including areas adjacent to the residential portions of the Project, in the Garage of the Building, and at the exterior of the Building. Such commercial uses may also produce noise, vibrations, and odors which may be experienced from the Residential Units and/or other portions of the Project. Such commercial uses may have outdoor seating areas. As the Residential Units are part of a larger mixed-use project containing commercial uses, the Residential Unit Owners shall be subject to such issues and others inherent in such mixed-use projects. 2.13. Neighborhood and Vicinity Matters: The Project is located in the downtown area of the City of Redwood City and will be subject to the types of noise and odors usually prevalent in such a downtown town area, including, but not limited occasional noise from Cal Train and from the surrounding and nearby streets including Highway 101. ARTICLE III.ASSOCIATION ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.1. Association to Manage Common Areas: The management of the Common Area and all improvements therein, shall be vested in the Association in accordance with its Bylaws. The Owners of all the Condominiums covenant and agree that the administration of the Project shall be in accordance with the provisions of the Governing Documents. 3.2. Membership: The Owner of a Condominium shall automatically, upon becoming the Owner of the Condominium, be a Member of the Association, and shall remain a Member of the Association until such time as the ownership ceases for any reason, at which time the membership in the Association shall automatically cease. Membership shall be held in accordance with the Articles and Bylaws. 18 [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc