AgdaPkt 2014-06-23 Closed and Joint SA

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7.1.L. - Page 62 This Section 2.11 is a brief summary only of the Stormwater Agreement. If there is any conflict between the Stormwater Agreement and this Section 2.11, the Stormwater Agreement shall control. 2.12 Landscape Maintenance Agreement. The City and the Declarant entered into the Landscape Maintenance Agreement described in Section 1.19 regarding the maintenance of certain landscaping and Improvements within City property adjacent to the Development. Effective on the date the Association commences its operation as described in Section 5.1,the Association shall assume all of Declarant's rights and duties under the Landscape Maintenance Agreement described in Section 1.19, including the duties related to: maintaining, inspecting, repairing, operating and replacing the landscaping, irrigation and pedestrian lighting in compliance with the maintenance standards set forth in the Landscape Maintenance Agreement;and complying with the Landscape Maintenance Agreement's insurance, permits and approvals and indemnification requirements. The Board shall have all right, power and authority to take all actions under the Landscape Maintenance Agreement on behalf of the Association and the consent of the members shall not be required. This Section 2.12 is a brief summary only of the Landscape Maintenance Agreement. If there is any conflict between the Landscape Maintenance Agreement and this Section 2.12,the Landscape Maintenance Agreement shall control. 2.13 Restrictions on Partition. Except as authorized in Sections 2.14, 10.7 and 10.9, the Common Area shall remain undivided, and there shall be no judicial partition thereof except as may be authorized by Civil Code section 4610 or any successor statute thereto. Any proceeds or property resulting from a partition shall be distributed to and among the respective Owners and their Mortgagees as their interests appear in proportion to the ratio that the fair market value of each Owner's Condominium bears to the fair market value of all Owners' Condominiums as of the date immediately preceding the date of the event giving rise to the right of the Owners to partition the Common Area. 2.14 Conveyance of Association Property. The Association Property shall be conveyed to the Association on or before the date the Declarant first conveys title to a Condominium which triggers the commencement of assessments under Section 6.7. The Association Property as the servient tenement is subject to the applicable easements described in Section 2.3,to Declarant's right to assign Exclusive Use Common area parking spaces as described in Section 2.9.1, and for access to and use of the Association Property by Declarant and its subcontractors and agents to construct, maintain and sell the Condominiums and all related Improvements. The rights retained by Declarant and its subcontractors and agents include the right to restrict access to any portion of the Association Property that is undergoing construction or development activity for safety or other reasons by the construction of fences or other barriers, or by the adoption of such other measures that restrict access to authorized personnel only, and the right to use portions of the Association Property as a staging or storage areas for materials and equipment to be used in connection with the construction of Improvements within the Development and to restrict access thereto by means of a fence or otherwise. The Board may adopt Rules regulating the use of the Association Property, provided such Rules do not unreasonably interfere with the exercise of the foregoing easement rights and are consistent with the restrictions contained in this Declaration. 2.15 Construction Activity. Each Owner acknowledges that: (i) the construction of the Development may occur over an extended period of time; (ii) the quiet use and enjoyment of the Owner's Condominium 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 Development. 2.16 Notice of Airport in Vicinity. (TO BE CONFIRMED BY TITLE CO] This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibrations or odors). Individual sensitivities to these annoyances can vary CLSS\51643\927586.5 8 June 16,2014