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7.1.L. - Page 99
<br /> Rights), Section 2.11 (StormwaterAgreement),Section 2.12(Landscape Maintenance Agreement),Section
<br /> 3.4(Vehicle and Parking Restrictions),Section 3.8(Signs),Section 3.11 (Automobile Maintenance),Section
<br /> 4.1 (Owner's Maintenance and Repair Obligations), Section 4.3 (Association's Maintenance, Repair and
<br /> Landscaping Obligations),Section 4.4(Trash Removal),Section 5.1 (Enforcement)as applies to City's right
<br /> to enforce and Article 12 (Amendments). The City has delegated to the City Manager the authority to
<br /> approve or deny modifications to any or all of the foregoing, with final language subject to City Attorney
<br /> approval.
<br /> 12.6 Corrections. Notwithstanding anything herein to the contrary, Declarant reserves the right as
<br /> the attorney-in-fact for each Condominium Owner to record an amendment or appropriate instrument of
<br /> correction to correct any errors in this Declaration,or any exhibits thereto, including any Condominium Plans,
<br /> and the consent of neither the Association nor any Condominium Owner shall be required provided that if the
<br /> correction affects the size, location or access or use rights to any Unit or any Exclusive Use Common Area
<br /> appurtenant to that Unit, the consent of that Unit Owner shall be required.
<br /> 12.7 Mortgagee Reserved Amendment Rights. Notwithstanding anything herein to the contrary,
<br /> Declarant reserves the right to amend this Declaration as may be necessary or advisable in order to include
<br /> provisions that satisfy the requirements of the Federal National Mortgage Association (FNMA), the Federal
<br /> Home Loan Mortgage Corporation (FHLMC), the Federal Housing Administration (FHA) and/or the U.S.
<br /> Department of Veterans Affairs (VA). The Association and each Owner shall fully cooperate in the delivery,
<br /> execution and recordation of any documents necessary to effect the amendments.
<br /> ARTICLE 13
<br /> Declarant Disputes
<br /> Any claim,dispute or other controversy between: (i)the Association and/or any Owner(s)and(ii)the
<br /> Declarant or any affiliated general contractor or affiliated contractor who is a "builder"within the meaning of
<br /> Civil Code section 911, or any director, officer, member, shareholder, partner, employee or agent thereof
<br /> (individually and collectively the"Declarant"for purposes of this Article 12)and/or any non-affiliated general
<br /> contractor, non-affiliated contractor,subcontractor, material supplier, individual product manufacturer,design
<br /> professional or any other Person that provided materials or services to the Development on behalf of
<br /> Declarant, relating to this Declaration, the use, condition, design, specifications, surveying, grading,
<br /> construction, installation and/or operation of any Improvements or landscaping located within the
<br /> Development, including: (i)claims made under Civil Code sections 896 and 897; (ii)claims for actual and/or
<br /> economic damages; (iii) fraud claims; (iv) personal injury claims; (v) breach of contract claims; and (v)
<br /> violation of statute claims (individually and collectively the"Claim")shall be subject to the claims procedures
<br /> set forth in Exhibit A attached hereto and incorporated herein.
<br /> ARTICLE 14
<br /> Miscellaneous Provisions
<br /> 14.1 Headings. The headings used in this Declaration are for convenience only and are not to be
<br /> used to interpret the meaning of any of the provisions of this Declaration.
<br /> 14.2 Severability. The provisions of this Declaration shall be deemed independent and severable,
<br /> and the invalidity or partial invalidity or unenforceability of any provision or provisions or any portion thereof
<br /> shall not invalidate any other provision or any portion of the provisions not found invalid or unenforceable.
<br /> 14.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and
<br /> nonexclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any
<br /> circumstances, be construed as a waiver of the remedy.
<br /> 14.4 Discrimination. No Owner shall execute or cause to be recorded any instrument that imposes
<br /> a restriction on the sale, leasing or occupancy of the Owner's Condominium on the basis of race, color,
<br /> CLSS\51643\927586.5 45 June 16,2014
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