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7.1.G. - Page 47
<br /> 4.4 Easement Use. The Easement shall only be used: (a)for ingress and egress to and from
<br /> lots 2, 3, 4, and 5; and (b)for purposes of fulfilling each owner's obligations to repair, replace and maintain
<br /> his or her lot and the Utility Facilities. No owner, nor the owner's guests,tenants, agents, or invitees shall
<br /> park a vehicle in the Easement.
<br /> 4.5 Right of Removal.The Owners shall post and maintain signs, not less than seventeen by
<br /> twenty two inches in size with lettering not less than one inch high, at the entrance to the Project displaying
<br /> the telephone number of the local traffic law enforcement agency and stating that parking is prohibited
<br /> within the Easement and that all vehicles parked within the Easement will be removed at the owner's
<br /> expense.Any Owner may authorize the removal of any motor vehicle, trailer or equipment parked or
<br /> located within the Easement in violation of this Declaration or the California Vehicle Code. Such removal
<br /> shall be at the expense of the owner of the motor vehicle,trailer or equipment.
<br /> ARTICLE V
<br /> General Provisions
<br /> 5.1 Enforcement:Any Owner, shall have the right(but not the obligation)to enforce, by any
<br /> proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now
<br /> or hereafter imposed by the provisions of this Declaration, and in such action shall be entitled to recover
<br /> reasonable attorney's fees as are ordered by Court. Failure by any Owner to enforce any covenant or
<br /> restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
<br /> 5.2 Invalidity of Any Provision: Should any provision or portion hereof be declared invalid or in
<br /> conflict with any law of the jurisdiction where this project is situated,the validity of all other provisions and
<br /> portions hereof shall remain unaffected and in full force and effect.
<br /> 5.3 Term: The covenants and restrictions of this Declaration shall run with and bind the
<br /> Property, and shall inure to the benefit of and shall be enforceable by the owner of any property subject to
<br /> this Declaration,their respective legal representatives, heirs, successors and assigns,for a term of thirty
<br /> (30)years from the date this Declaration is recorded, after which time they shall be automatically extended
<br /> for successive periods of ten (10)years, unless an instrument in writing, signed by a majority of the then
<br /> owners of the Lots and the City, has been recorded within the year preceding the beginning of each
<br /> successive period of ten (10)years, agreeing to change said covenants and restrictions in whole or in
<br /> part, or to terminate the same.
<br /> 5.4 Amendments:
<br /> a. Amendments:This Declaration may be amended by the written consent of 75%
<br /> of the Owners. Any amendment must be recorded and shall become effective upon being recorded in the
<br /> Recorder's Office of the County of San Mateo. No amendment shall adversely effect the rights of the
<br /> holder of any mortgage of record prior to the recordation of such amendment.
<br /> b. No Amendment Without City Consent: Notwithstanding the foregoing, no
<br /> amendment to any of the following shall be made without the express written consent of the City: (I)Article
<br /> II (Description of Project, and Creation of Property Rights), (ii)Article III (Utilities, Easements): (iii)Section
<br /> 4.3 (Garbage and Refuse Disposal); (iv)Section 4.4 (Easement Use); (v)Section 5.1 (Enforcement)as
<br /> applies to City's right to enforce; (vi) Section 5.4 (Amendments); (vii) Section 5.5 (Owner's Right and
<br /> Obligation to Maintain and Repair); and (viii), Section 5.4.b. (Third Party Beneficiary). City hereby
<br /> delegates to City Manager the authority to approve or deny modifications to any or all of the foregoing,with
<br /> final language subject to City Attorney approval.
<br /> 5.5 Owner's Right and Obligation to Maintain and Repair: Except with respect to the
<br /> Easement, the Concrete Drainage Channel, and the Private Storm Drain Easement, each Owner will, at
<br /> his or her sole cost and expense, maintain, repair, replace and restore his or her Lot, including the portion
<br /> of the Lot designated as"Planting Strip"on Exhibit B, attached hereto and made a part hereof.The cost
<br /> for repair, replacement, or maintenance of the Easement, the Concrete Drainage Channel, and the Private
<br /> DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS-1410 VALOTA ROAD
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<br /> CCRS-Valpla(04-22-14).wpd
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