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7.1.F. - Page 104 <br /> (xix) sleeping quarters or lodging, ()ox) assembly hall, (xxi) off track betting establishment, (xxii) <br /> bingo hall, (xxiii) denominational places of worship; (xxiv) school, or (xxiv) marijuana dispensaries. <br /> D. Compliance of Lessees; Customers; Insurance. Commercial Unit <br /> Owners shall be responsible for the compliance with the provisions of the Condominium <br /> Documents by the Commercial Unit Owner's lessees, customers, guests and invitees, as well as its <br /> lessees' customers, guests. The Owner of the Commercial Unit and each of the Commercial Unit <br /> Owner's lessees shall maintain a policy or policies of public liability insurance and shall <br /> demonstrate proof of such insurance to the Board upon request. <br /> E. Commercial Unit as Common Area Use. The Declarant or other Owner of <br /> Commercial Unit B may elect to establish Commercial Unit B as part of the Common Area for use <br /> by the Residential Unit Owners by conveyance of Commercial Unit B to the Association. The costs <br /> and expenses allocated to the use and operation of Commercial Unit B upon such conveyance to <br /> the Association shall be included as part of the Residential Common Expenses. <br /> F. No other provisions shall be added to this Declaration or other Governing <br /> Documents that provide for additional restrictions or limitations on the use of the Commercial Units <br /> without the prior written consent of all of the Commercial Unit Owners. The provisions of this <br /> Paragraph 7.2.F shall not be amended or deleted without the written consent of all of the <br /> Commercial Unit Owners. <br /> G. Health Care. No health care facilities operating as a business or charity <br /> shall be permitted in the Residential Units of the Project, unless permitted by law or ordinance <br /> which preempts this restriction. <br /> H. Family Day Care: No family day care home shall be permitted within the <br /> Commercial Units, the Residential Units or the Common Areas of the Project except as specifically <br /> authorized by California Health and Safety Code §1597.40 and other applicable state statutes. <br /> The owner/operator of any such day care facility shall comply with all local and state laws <br /> regarding the licensing and operating of a day care home and, in addition, shall: <br /> (1) Name the Association as an additional insured on the liability <br /> insurance policy or bond carried by the owner/operator of the day care home; <br /> (2) Defend, indemnify and hold the Association harmless from any liability <br /> arising out of the existence and operation of the day care home; <br /> (3)Abide by and comply with all of the Association's Rules; <br /> (4) Supervise and be completely responsible for children at all times while <br /> they are within the project; and, <br /> (5) Cooperate with the Association if the Association's insurance agent or <br /> carrier requires proof of insurance, proof of the agreement of the owner or operator of the day care <br /> home to these conditions, or other reasonable requests. <br /> 7.3. Nuisances: No noxious, illegal, or seriously offensive activities shall be carried on <br /> within Condominium, or in any part of the Project, nor shall anything be done thereon that may be <br /> or may become detrimental to the health, safety and welfare of the Occupants or a serious <br /> annoyance or a nuisance to or which may in any material way interfere with the quiet enjoyment of <br /> the Owners' Condominiums, or which shall in any way increase the rate of insurance for the <br /> Project, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or <br /> which will impair the structural integrity of any Unit or other building in the Project. The Board is <br /> entitled to determine, after notice to the involved parties and a hearing, if any device, noise, odor, <br /> or activity constitutes a nuisance. Notwithstanding the foregoing, any commercial use or operation <br /> permitted within the Commercial Units under Section 7.2 and in compliance with applicable <br /> ordinances of the City shall not be considered a nuisance, noxious or offensive. Any provisions of <br /> this Section 7.3 that affects the rights of the Commercial Unit Owners or any Commercial Tenant <br /> shall not be amended without the prior written consent of all of the Commercial Unit Owners. <br /> 41 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />