HomeMy WebLinkAbout1500 Willow Ave - Staff Report�_ ,
MEMO T0: PLANNING COMMISSZON
FROM: CITY PLANNER
SUBJECT: CONDQMINIUP�1 PERMIT TO COP�STRUCT THE ARC WAY CONDOMINIUMS
AT 1500 WILLOtd AVE�JUE
P.C. 9/22/80
Item No. 3 _
The attached Project Assessment describes the 18 unit condoFrankmDonahuetand1Johby
George Rescalvo for Jean Gorostiague, Luciano Bertocchini,
Giannetto. The architectural plans date stamped July 10, 1980 show the two garage
levels, typical floor plans, elevations and cross sections. Landscaping and irrigation
plans have not been prepared for Commission review, although a commitment has been
made that full City standards will be met.
The present project is an amendment to the 1979 condominium application for this property.
The 1979 design had 4 residential floors W�24 un5ts wereapte' �osedt withharnetadensity
present 3 floors and 35' mar.imum height).
of 1 unit: 654 SF of lot area �Eacheoftthe basementepark8ngnlevelslvr`asas�ubstantially
1 unit: 1038 SF of lot area).
larger than those of the present project, and a variance was requested to allow the
lower parking area to project 12' into the 20' E1 Camino Real setback (both basement
levels of ti;e present desi9h;sreablherdplan�se�bWas determ�nedlthatla� en�viwonmen,talenue).
After Comnission study of
impact report was required. Before the report could be staried, the project was withdra�vn
and redesogned. The present plans meet all zoning ordinance requirements, and a
negative declaration was posted September 2, 1980.
Copies of the current application were circulated to staff for comment. The September 17
memo from the City Engineer recorrenends seven conditions to be satisfied prior to Council
acceptance of the subdi�iision map. The Chief Fire Inspector advises thaianecheck reviewed
roval, subject to (a) building p
this project and has no objection to app ears to be generally
From these corrvnents and a review of the final plans, the project app
consistent with the engineering requirements of Commission Resolution No. 16-75. The
single deficiency of the present design is a shortfall in the open space standards of
Resolu�;ion No. 7-79:
1. All units are to have at least 75 SF of private open space; 3 of the
units have balconies of only 44 SF.
2. 1,800 SF of general open space" is to be provided at grade for the
common use of the residents; no area has been designated for this use.
As a partial justification of the above shortfall, it should be noted thacal unitrhas
of the project's balconies are substantially greater than 75 SF; the typ
115 SF of private open space, and one unit has 212 SF. The absence of "general open
space" at grade may be offset by the 4,700 SF of landscaping in the setback areas
adjacent to E1 Camino Real and Willow Avenue. Given the unusual shape and frontages on
this property, it appears that the present design is a reasonable solution.
It is suggested that the above concerns be discussed with the applicants during the
September 22, 1980 public hearing, and if findings are then made that the new application
is consistent with City standards for condominiums, staff recommends the following
conditions for Commission review: .
1. that the final working drawings for the Arc Way Condominiums be consistent
with the plans filed with this application;
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2. that the conditions recommended by the September 17 memo from the City
Engineer be met to the satisfaction of the Public Works Department;
and
3. that the final landscaping and irrigation plans be approved by the Park
Department prior to the issuance of a building permit. .
JRY/s
9/17/80
cc: Jean Gorostiague, Luciano Bertocchini,
Frank Donahue and John Giannetto
George Rescalvo, A.I.A.
..1�., �.. �fi
John R. Yos
City Planner
� 1�..� �.�. _ .
In response to Nr. Mount's auestion about time for apoeal, City
Attorney Coleman advised that there is no apoeal.
CONSENT CATE'�De�R (see subsequent action near end of ineeting)
1. Chamber of Coctmerce reauest for �uarterly Allocation, October
1 throuyh December 31, 1980.
2. Heritac,e Tree Nomination by Beautification Commission of a
Liriodendron Tulipifera (tulip tree) located at 4 Peninsula
Avenue.
3. Denial of claim of Steven M. Schra:nm recommended by CitV
Attorney Jerome Coleman.
4. Special Encroachment Permits recommended by Public Works
Department:
(a) 1056 E1 Camino Real for oermission to construct a
storm drain in the 10-foot alley:
(b) 855 Mahler Road for permission to construct an 18-inch
block wall.
�1 t.y �OUnCI
Mi�tes---
October 6,
� 5. Tentative Subdivision Map - 1500 T^?illow Avenue
\
City Engineer by t*iemorandum of September 30th recomrmended
approval of a Tentative Subdivision Dlao for 18 condominium
units in accordance with Pianning Commission aDproval, con-
ditioned that map conforms to the condominium perr.tit.
9�� .� 6. Tentative and Fina1 Parcel Map - 1500 P:illow Avenue
\
The City Enqineer by r�emorandum dated September 30th recom-
mended approval of lot combination at 1500 Glillow Avenue in
accordance with Planning Commission approval and conditioned
upon demolition and removal of one habitable structure before
final map is recorded.
7. Tentative Subdivision Map - 27 E1 Camino Real
� .
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City Engineer by memorandum dated Seotember 30th recommended
� approval of tentative subdivision map in accordance with
Planning Commission approval, conditioned upon its conformance
to the condominium �ermit. .
8. Resolutions
(a) RESOLUTZON NO. 61-80 "AUTHORIZING EXECUTION OF AGREEMENT
FOR PURCH:I�E OF DOG FOR POLICE TRI�INI*IG."
(b) RESOLUTION Nn. 62-80 "MFIKING DETERh1INATION OF PROPERTY TAX
EXCHANGE PURSUANT T(1 THE PROVISIONS OF CHAPER 282, SECTION
59, PART 0.5, IMPLEPIRNTATInN OF ARTICLE XIIIA OF THE
CALIFORNIA CnNSTITUTInN, COMMF.NCING FIITH SECTION 95,
DIVISION 1 OF THF. RFVENUE AND TAXATZON CODE."
(C) RESOLUTION NO. 63-80 "AUTHORIZING EXECUTION OF AGREENff:NT
BETWEEN SAN MATEO CCIUNTY CONVFNmION AND VISITORS BUREAU
AND CITY OF BURLIDIGA`7E FOR PF.OMOTIONAL SF.RVICE�" (see
rescinding action of Council at end of ineeting).
Councilman Crosby moved approval of the consent calendar, seconded
by Councilman Mangini, and carried on the following roll call vote:
AYES: COUNCZLMEMBERS AMSTRUP, BARTON� CROSBY� MANGZNI
COUNCILhtAN MARTIN voted approval of the Consent Calendar
with the exceotion of Resolution 63-80 (item 8(c)).
Mayor Martin expressed dissatisfaction with the budget information
submitted because of inadequate explanation of the approximate
$200,000 surplus. �
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PLANNING COMMISSION MI�JUTES
SEPTEPIBER 22, 1980
3. CONDOMINIUM PERMIT TO CONSTRUCT THE ARC WAY CONDOMINIUMS, AN 18 UNIT PROJECT AT
1500 WILLOGJ AVENUE, ZONED R-3, BY GEOP.GE RESCALVO FOR JEAN GOROSTIA6UE, ET AL
CP Yost reviewed this application to construct an 18 unit condominium, 35' high, at
the corner of ldillow Avenue and E1 Camino Real. Reference staff report dated 9/17/80;
Project �lpplication & CEQA Assessment accepted by staff 7/17/80; aerial photograph
of the site; and September 17, 1980 memo from the City Engineer. CP compared this
amended design to a previous application for this property in 1979, discussed staff
comments on the present proposal and noted a deficiency in open space provided. In view
of the unusual configuration of the site, staff believed the present design a reasonable
solution and, if approved, recornnended three conditions as listed in the staff report.
CA Coleman confirmed that Zev Ben-Simon, who had purchased the property from the owners
shown on the agenda, was entitled to speak as the property owner and applicant.
Mr. Ben-Simon addressed Corrmission, detailing his consideration in purchasing this
property and project. He discussed the unique site with its inherent problems of
design and confirmed his staff had considered providing general open space inside the
building. �This did not seem feasible as any change would require complete redesign of
the structure.
Chm. Sine opened the public hearing. Marilyn Moore McAlpine, 1521 Willow Avenue
expressed concern that adequate off-street parking be provided, noting neighboring
uses that create an on-street parking overload at present. Staff advised the parking
provided meets Burlingame code and would seem to be ample for the 18 families in the
building. There were no further audience comments and the public hearing was closed.
During discussion it was determined that two basement levels of parking were provided
with three living levels above grade, and that it was not possible to install a
security gate at the entrance to both basement parking levels since there was no
exterior guest parking. The problems of providing open space area at grade were
na�te"d. Commission had concern about the absence of general open space for use of the
18 on-site families, but there was consensus the project was well designed for the
unusual site.
C. Taylor moved for approval of the condominium permit with the following conditions:
(1) that the final working drawings for the Arc 41ay Condominiums be consistent with
the plans filed with this application; (2) that the conditions recommended by the
September 17, 1980 memo from the City Engineer be met to the satisfaction of the Public
Works Department; and (3) that the final landscaping and irrigation plans be approved
by the Park Department prior to the issuance of a building permit. Second C. Cistulli;
motion approved on unanimous roll call vote. Appeal procedures were advised.
4. TENTATIVE SUBDIVISION MAP FOR 18 CONDOMIPdIUM UNITS AT 1500 WILLOW AVENUE, FOR
JEAN GOROSTIAGUE, ET AL
CE Erbacher recommended approval subject to the applicant's compliance with the
condominium permit conditions. Ref. CE's memo dated 9/17/80. C. Jacobs moved for
approval and recommendation to City Council of this tentative subdivision map. Second
C. Mink; motion approved on unanimous voice vote.
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See previous forms dated 5/1/79 & 9/24/79
Application re�eived ( 7/10/80
5�aff re��iew;acceptance ( 7/17/80
" �� 1500 WILLOW AVENUE
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r+ )� ARC 42AY COPdDOM I id I U�1S
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1. APPLTCP.NT Jean Gorostia ue, Luciano Bertocchini,
name Frank Donahue and John Giannetto
1536 Alturas Drive, Burlingame, CA. 94010
applicanT address: street, cit.y, zip code
George Rescalvo, AIA
contact persor, if d;fferent
2. TYPE OF APPLICATION
(attar_h letter of explanation if additional �pace is needed)
Ref. code section(s): ( Chap. 26.30) �'C Res. 16-75 )
Special Perr�ii O Variance* ( ) Cone�or�iri�r! Permit ( X) Other
*Attach letter w�iich addresses each of th� 4 findings requir•ed by Code Chapter 25.5G.
3. PROJECT DESCRIPTIO�d CONDOMINIUM PERMIT to construct an 18-unit building, 35'
high, at the corner of �dillow Ave. and E1 Camino Real. Two single family homes will be replaced
by the project's 15 two-bedroom and 3 one-bedroom units. Parking will be on two levels; the
upper level (17 spaces) will be approx. 2' below grade at its lowest point and the lower level
(18 spaces) will be approx. 12' below qrade. The project has a 20' setback from E1 Camino and
a 15' setback from Willow Avenue. Project landscaping is limited principally to the setback
areas; no general open space at ground level is provided for the 18 families who will live
on site. Balconies provide from 44 SF to 212 SF of private open space per unit.
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4. PP,CPERTY IDENTIFIC�,TI01'J Of LOtS 1,2 & 3
(028-134-040/050 )( Portion7 { 5 )( Burlingame Park No. 4 )
APN lot no. bluck no. subdivision nam2
( R-3 ) ( 15,690 SF )
zonir�g district land area squar� feet
028-134-040 F. Donahue & J. �iannetto : 1504 Adeline Dr.,Burlingame 94010
�2�_L�4_Q59__Ls�.r_ oc�hini &._J_ Gorostiaaue : 1336 - 6th Avenue
land owner's naine ad�ress
Belr�ont, CA. 94002
Requirad Date received
�3'2�� �n0� � — 1
(yes) ��s� ;May 1979 )
E
Proof of ownersni�
Ow�er's consent to a�plication
822-3110
telephone no.
285-1900
telephone no.
zip code
5. EXISTING SITE COfdDITTONS
Two sinqle famil.y dwellings
Rec;uired
(yes) �r�
(yes) ��
Date received
( 7/10/80 )
( 7/10/80 )
Site plan s}io�ving: pi�cp2rty lines; puhlic sidea�al{:s �nd
curhs; all stt�uctur�s and iripro��emznts;
paved on-site pari;i�io; landscap�ing.
Floor plans of all b;;i1dings sVio�4�ing: gros� floor area
by tyne of usE� on each floor pian.
(yes) {� ( 7/10/80 ) Builciing elevations, cross sections (if relevant).
�Y�Si � � 7/10/80 ) Site cross section(s} (it relevant).
{ot�,er) ( 7/17/80 ) �ovenants, conditions and restrictions _ _
MISSIPJG(other)( - ) Landscape and irrigation plans
* .
Land use classifica�ion; are� residential (sho�.� _�welling units); offi ce :�se; reta�l
sales; resta�mant;cafe; n�enufactur•ingjr,e;.air shop; wareliousiny; othei�� (io b� descrihed).
G. Pr:O�iECT PROr�os�`�I_ Lower basement ( 9,200 SF)
ProE�osed canstru��tion, Upper baser�ent ( 9,200 SF) Second floor ( 9,300 SF)
aross floc�r ar•ea First floc;r ( 9,300 SF) Thir�d floor ! 9,300 SF)
Pr�oject Ccde Praj�ct Code
Prop�sal Rrc�.iireu�ent Prr.�rasal Reiiuirement
LJillow Ave.seiback 15' .______15'____� �ut cov��i�a�e 60% 60%
E1 Cami no setback � 20' � 20' � �-� �' �� �� I 35' P over 35�
„: : ,
--
----- -------� __ __- -- ----
Si cie ya;�d g� g' Lancl �c� ,� ci arc� 35% es .#7-79*
_ - - - ----- _ - — i — -- _-
f�.�,i�.v�:��� � n.a. � _ On-s,te �,�:��.����,.:��s. 35 I 35 J
Project density is approx. 1 unit for each 1038 SF of lot area. Typical condo densities
average 1:1300 SF, The hiaher density of this project (together with the unusual pro-
portions of the lot) appear to prevent any general open space at ground level for the
corrrtnon use of the 18 families who will live on site.
a
6. P����IEiT PROPpSf�L (r_oiitinued)
EXISTI�'+u
afrar
8-5 5 PM
Full tine emnloyees on site
Part tir�e employees on site
Visitors/customers (weekday)
Visitors/customers (Sat.S;�n.)
Residents on property
Trip ends to/from site*
Peak hour trip ends*
Trucks/service vehicles
1.�1 2 YEARS
;�ftPr
8-5 5 PM
0 0
1-2 -
18 fam'lies
45- 55±
30± 30±
0 0
2 families
4- 6±
4± 4±
IP! 5 YEC,RS
aftor
8-5 5 PM
*Show calculations on reverse side or attach senarate sheet.
7. ADJACENT BUSIhESSES/LAfdD USES
A�artments and condominiums alonq E1 Camino Real. Sinqle family homes
to the west, along Arc !�lay and l�Jillow Avenue.
Required
An air photo will (yes) �
be provided for �y� (no)
the public hearing.
Date received
( - ) Location plan of acijacent properties.
( - ) Other tenants/firms on property:
no. firms ( ) no. employees ( )
floor area occupied ( SF office space)
( SF other)
no. employee vehicles regularly on site ( )
no. comoany vehicles at this location ( )
8. FEES Special Permit, all districts $100 O Other application type, fee $ O
Variance/R-1,�t-2 districts � 40 () Project ,4ss�ssment $ 25 ( X)
Variance/other districts $ 75 () Neoative Declaration 5 25 ( X)
Condominium Permit $ 50 ( X) EIR/City & consultant fees $ O
TOTAL FEES 5100.00 RECEIPT N0. 7449 Received by A. Sprague
I hereby certify under oenalty of perjury that the informatior giver herein is
true and correct to the best of my knov�ledge and belief.
� Signature S' �`; L'LG��--�� �� �� � Date I—1 C�. -�� .
Aoolicant' ,
STAFF USE 0"1LY
�����g��� ����������� File No. ND-252P
L
The City of Burlingame by JOhn R. YOSt on JUIy 17
completed a revieva of the proposed nroject and determined that:
( X) It will not have a significant effect on the e�vironment.
( ) No Environr.�en�al Imnact Report is required.
1980 ,
Reasons for a Conclusion: The 18 unit building has been designed to meet all zoning
ordinance requirements. The special engineering requirements specified by P.C. Res. 16-75
for condominiums will also be satisfied prior to aparoval of a Building Permit. The proposed
classification of this project as a"condominium" (rather than an apartment) will not result
in greater site density, traffic generation, utility consumption or other possibly adverse
environmental effects.� ��, �.
CITY PLANNER July 18, 1980
Signature of Piroc ssing Official Title Date Signed
Llnless appealed �aithin 10 days hereof the dat.e nosted,,the deternination s�iall be final.
DFCLIIRATIO� OF P0;?I`!G Oa±.e Posted: //` � !. ;< / ----- !� ,i i�
---- --- --�--
I declare under penalt}� of p�r,iury that I ai�i City Clerl: of trie City of 6urlingame and Chat
I posted a true c.opy of thc aLove Negative Declaration at i:F�e City flall of said City near
the doors to the Council Chamb,�rs.
Executed at Burl i ngame, Cal i forni a on�� � �__ _�� ___, 19�;__�� _.
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llnn��lr�ci: ( lY�t ( 1P1n
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_�; , - -c ; , ��—�'_�L.��_`_.�.__ ___
(��VELYF� I,. �� LL, C�[TY CLLRY., C!TY GF Bl;l�'.LiwG(ih1(�
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STA�F RE�IIEW
1. CIRCULATION OF APPLICATION
Project proposal/plans have been circulated for review by:
City Engineer
"No o bjection Building Inspector
to dpproval "--- Fi re Inspector
Park Department
City Attorney
date circulated
( 7/18/80 )
( 7/18/80 )
( 7/18/80 )
� -- )
� -- )
reply received
(yes ) ���
�y� (no)
(yes ) ���
(yes) (no)
(yes) (no)
2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASUP.ES
memo attached
(yes) =(�a�=
(yes) (no)
�,�_ (no)
(yes) (no)
(yes) (no)
Concerns Mitigation Measures
The project site consists of two A parcel map will be required to
separate lots. join the two into one legal lot.
Does the project meet the engineer- Request report from the City
ing requirements of PC Res. 16-75? Engineer.
There is no surface level guest Require upper basement area be kept
oarking. ooen for guests' cars.
Commission Res. 7-79 requires 75 SF Require design amendments to meet
of private ogen space per unit and P.C. Res. 7-79; accept the project
100 SF of general ooen space per as designed; or deny the Condominium
unit. Three of the one bedroom units Permit.
have 44 SF balconies. The general '
open space is limited to the side
yard of the property, which is
approx. 9' wide and of questionable
value.
3. CEQA REQUIREMEPJTS
If a Negative Declaration has not been posted for this project:
Is the project subject to CEQA review? See Negative Declaration ND-252P.
IF AN EIR IS REQUIRED:
Initial Study cor�pleted
Decision to prepare EIR
Notices of preparation mailed
RFP to consultants
Contract awarded
Admin. draft EIR received
Draft EIR accepted by staff
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)
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Study by P.C.
Review period ends
Public hearing by P.C.
Final EIR received by P.C.
Certification by Council
Decisian on project
Notice of Determination
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Circulation to other agencies ( � Resubmitted ( 7/10/80
4. APPLICATIOP� STATUS �Telephone Date first received ( 4/12/79
Accepted as complete: no( X) call to applicant advising info. required ( 7/17/80
Yes( X) date 7/18/40 P.C. study ( 8/25/80
Is application ready for a public hearing? (yes) (� Recommended date ( 9/22/80
Date staff report mailed to aoplicant ( 9/18/80 ) Date Commission hearing ( 9/22/gQ
Application approved ( j Denied ( j Appea? to Courci; (,es) (no)
Date Council hearing ( ) Apolication approved ( ) Denied { )
)
)
)
)
)
J�1�. � 9/17/80
5igned date
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* CITYQFBURLINGAME pRELIMINARY REPORT *
» PIANtiINO QEPT. *
733066 "
'� Our Order No. •
* Issued for the sole use of: *
* Run-To-Date
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*
* JOhn Giannetto Reference �
w c/o Founders Title Company *
* �
Burlinqame Office When Replying �
* Burlinqame, California Burlingame Office *
* P.O. Box 369 *
w *
* Burlingame, CA �
* PropertyAddress: 1519 Arc Way, Burlingame, California #
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� In response to the above referenced application for a policy of title insurance, Founders Title CompanY hereby reports that it is prepared to *
� issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard form Poiicy of Title Insurance describing the *
* land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or *
r encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions *
� and Stipulations of said Policy form.
#
* This report (and any supplementsoramendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance �
+ and no Iiability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or *
* Commitment should be requested. *
�
Dated as of JU 1 V � 4, , 19 80 , at 7:30 A.M:' �
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* /�OLJND, ER`S T�I�I.E�COIVIP���,7 *
* '' �-�-�`'Li�j`.�'�::�a E��
* Bv
r � Title Officer *
w °
�
* FEE. ,. .. . _. . •.:�•-
* The estate or interest in the land hereinafter described or referred to covered by this Report is. ��- � *
* *
� #
r
* Titie to said estate or interest at the date hereof is vested in: SE E EXH 1 B I`I' ��A" . *
* #
* *
r *
* At the date hereof exceptions to coverage in additlon to the printed exceptions and exclusions in said policy form would be as follows: *
r
a
� 1. General and Special Taxes for the Fiscal Year 1980-1981, a Lien not �
* yet due or payable. *
r
* �
* 2, Taxes for the fiscal year 1979-1980, as follows: #
�
* Code Area 04-001 Assessor's Parcel No. 028-134-050 #
»
�
* 1st Installment : $563.22 *
* *
+
" 2nd Installment : $563.22 #
."First and Second Installments of Taxes currently Assessed PAID". *
•
+
«
+ Land $11250 Improvements $18000 Personal Property -0- +
«
* *
."Any amounts which may be added to the Property Tax amounts by reason of +
� a Reappraisal of any improvements added to, or change of Ownership of, *
* the herein described Premises subsequent to March 1, 1975 . *
�
* ¢� *
. Affects Parcel Two. 1 4 ,'�
.�
* Page of Pages �� �% � ��/ *
s � -' *
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* * � *
* r • *
* � � * Foun�Eas rit�E comPanv *
.
* » «
*_* 733066 *
* ORDER NO.
* Run—to—Date *
+ *
* *
* EXHIBIT "A" *
; VESTING *
* *
r
* FRANK P. DONAHUE and JERRILEE DONAHUE, his wife, •
* as Joint Tenants, as to an undivided one-half '
»
* interest; and JOHN GIANNETTO and SYLVIA GIANNETTO, �
*` his wife, as Joint Tenants, as to an undivided ;
* one-half interest; as to Parcel One. »
r *
* *
* and *
* *
. *
* LUCIANO BERTOCCHINI and TERZINA BERTOCCHINI, his *
' wife as Joint Tenants as to an undivided *
* . . *
* one-half interest; and JFAN GOROSTIAGUE and *
* YOLANDA GOROSTIAGUE, his wife, as Joint Tenants, *
* as to an undivided one-half interest; as to *
. *
* Parcel Two. *
» *
* *
» *
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* *« rs *
* * ; FounoERs t�r�� comPa�Y ;
.
* ".,,.* 733066 *
* ORDE '
* Rf�z—To—Date .
� +
* 3. A sale to the State of California for taxes for the fiscal year .
; 1977-78-79, and Subsequent Delinquencies; the amount necessary to redeem *
* prior to July 31, 1980 is $3,248.38, Sale No. 1481, Code Area 04-001 »
* Assessor's Parcel No. 028-134-040. *
* *
* Affects Parcel One. *
* *
* 3. Covenants, Conditions and Restrictions as contained in the Deed *
* executed b_y Boston Investment Co., a corporation, recorded July 23, *
* 1913 in Book 226 of Deeds, at Page 390, but omitting Restrictions, if ;
* anv, based on race, color reliqion or national origin. *
.
* *
; Does not contain express words of forfeiture or reversion of title. *
» *
" Does not contain a mortgagee protection clause. *
* *
* *
* 4. A Deed of Tr�st to secure an indebtedness of $77,000.00, and any *
* other amounts payable under the terms thereof, recorded November 18, ;
; 1977 in Book 7663, at Page 164, Official Records. '
»
* *
; Dated : November 17, 1977 *
* Trustor : Frank P. Donahue and Jerrilee Donahue, his wife, .
; as Joint Tenants as to an undivided 1/2 interest *
* and John Giannetto and Sylvia Giannetto, his .
; wife, as Joint Tenants, as to an undivided 1/2 *
* interest. �
: Trustee : American Securities Company, a corporation *
* Beneficiary : �vells Fargo Bank, N.A., a national banking *
* association ;
� »
. Information reqarding the above loan may be had by contacting: Wells *
* Farqo Bank, N.A., P.O. Box 3006, San Mateo, California 94403, Attn.: J. *
* *
» Cuneo. *
. »
» Affects Parcel Two. »
� .
* 5. A Deed of Trust to secure an indebtedness of $87,000.00, and any ;
* other amounts payable under the terms thereof, recorded April 12, *
» 1978, in Reel 7733, at Imaqe 1641, Official Records. *
» *
» Dated : March 27, 1978 *
* Trustor : Luciano Bertocchini and Terzina Bertocchini, *
* Jean Gorostiague and Yolanda Gorostiague ;
* Trustee : Imperial corporation of America, a corporation *
* Beneficiary : Imperial Savings and Loan Association, a *
* California corporation *
.
* Information reqarding the above loan may be had by contactinq: Imperial .
* Savings and Loan Association, P.O. Box 23038, San Diego, Ca. *
» *
* Affects Parcel Two. *
. *
* .
* Page 2 of 4 Pages ,
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* * * *
* • i •
* : � � FounoERs ttr�� companY *
* . .
" 733066 "
�,. *
* ORDEF�NO.
* xun—to—Date *
» *
* *
, +
* *
,� Description: »
* *
» *
* All that certain real property situate in the City of Burlingame, .
* County of San Mateo, State of California, described as follows: *
*
� *
* PARCEL ONE: '
r *
r *
* Portion of Lots 1, 2 and 3, Block 5, as designated on the Map entitled �
."MAP OF SUBDIVISION N0. 4 OF BURLINGAME PARK, CALIFORNIA", which Map was *
* filed in the office of the Recorder of the County of San Mateo, State of �
. California on November 20, 1905, in Book "D", of Maps at Page 43 and *
� copied into Book 3 of_ Maps at Paqe 85 more particularly described as *
» follows: *
* *
*
* BEGINNING at a point which is North 55° 15' West, distant 111 feet from *
* the most Easterly eorner of Block 5, as shown on the map above mention- �
* ed; thence runninq South 34° 45' West 25.22 feet; thence South 55° 15' *
; East 21 feet; thence South 11° 3' West 89.22 feet, more or less to Arc *
* Way (formerl_y Willow Avenue) thence in a Northwesterly direction along *
; the Northeasterly line of Arc Way to the Southerly point of a line ;
* described in a certain agreement entered into between E. Eugene Umland, *
* et ux, and Marion D. Mohrinq, recorded February 8, 1949, in Book 1621, *
* Official Records, Page 641, thence North 16° 30' East 29.60 feet to an *
; iron Pipe monument; thence North 11° 17' 45" East 41.67 feet to an iron *
* pipe monument; thence North 33° 14' S0" East 16.70 to an iron pipe *
� monument; thence North 71° 16' East 32.7 feet; thence North 41° 34' East ,
* 40.3 feet to the Southwesterly line of E1 Camino Real and thence South *
* 55° 15' East along said Southwesterly line of E1 Camino Real To the *
� point of beginning. *
» *
* PARCEL TWO: '
+ *
» *
* Portion of Lot 1, Block 5, as designated on the Map entitled "MAP OF *
. SUBDIVISION N0. 4, OF E3URLINGAME PARK CALIFORNIA", which Map was filed .
* in the office of the Recorder of the County of San Mateo, State of •
* California on November 20, 1905 in Book "D" of Maps, of Maps at Page 43, *
* and a copy entered in Book 3 of Maps, Page 95, San Mateo County Records, *
. more particularly described as follows: �
* �
* Beqinning at the intersection of the South line of E1 Camino Real with .
* the West line of_ Arc Way (formerly Willow Avenue); running thence North *
. 55° 15' West alonq the South line of E1 Camino Real 111 feet; thence *
" South 34° 45' [4est 25.22 feet; thence South 55° 15' East 21 feet; thence *
* South 11° 3' West 89.22 feet to a point on the North line of Arc Way; .
* thence Northeast following said line of Arc Way 122.25 feet to the point *
* of beqinning. .
. �
* A.P.#28-131-040. J.P.N. 28-13-134-4. *
* A.P.�28-131-OSO. J.P.N. 28-13-134-5. *
* *
* +
* CONTINUED.... *
* Page�_ of�_Pages *
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* *
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* � * *
* * f *
* : : Foun�ERs tit�e comPanv ;
*
* **.*` 733066 `
* ORDE *
r ��1—to—Date *
�► *
* �
» +
; NOTE: There have been no Deeds recorded within the last six months *
* prior to the date of this report, affecting the herein described *
.
* property. *
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BK 29
4
TAX CODE AREA_
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ERl,t7N£OUS B�ARINGS 6 0/STANCES ON MAP
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tZ��c�il�.�
J U l. l 7 1980
DECLARATION �'
CIIY QF BURLINGAME
0 F eLMil�!NQ DEPT.
CONDITIONS, COVENANTS AND RESTRICTIONS
OF
THE ARC MANOR CONDOMINIUMS
' A CONDOMINIUM
THIS DECLARATION is made on the date hereinafter set forth
by JOHN GIANNETTO and SYLVIA GIANNETTO and FRANK P. DONAHUE and
�LRRILLE DONAHUE and LUCIANC �ERTOCCINI and TERZINA �ERTOCCIi1I
and YOLANDA GOROSTIAGUE and JEAN GOROSTIAGUE collectively
referred to herein as "Declarant",
Declarant is the owner�of that certain real property
located in the City of Burlingame, County of San Dlateo, State
of California, more particularly described in Attachment A
annexed hereto and incorporated by reference herein.
Said real property is being improved with an eighteen
residential unit building. Declarant intends to establish a
condominium under the provisions of the California Condominium
Act, providing for separate title to each unit within the project,
each unit to have an undivided interest in all the remaining
property,
The development shall be referred to herein as the "Project"
as defined in Article I, Section 1.22.
Declarant intends by this document to impose upon the
property mutually beneficial restrictions under a general plan of
improvement for the benefit of all the condominiums of the Project
and the owners thereof.
Declarant hereby establishes by the Declaration a plan for
the individual ownership of the real property estates. Consisting
of the area space contained in each unit as well as the co-okner-
ship by the individual owners, as tenants in common and as here-
after set forth, of all the remaining portions of the Project which
is hereinafter defined and referred to as the "Common Area", as
defined in Article I, Section 1.5.
NOiti TI�EREFORE, Declarant hereby establishes that the property
hereinafter described shall be held, conveyed, mortgaged, encum-
bered, leased declaration, limitations, covenants, conditions,
restrictions and easements, all of which are for the purposes
of enhancing and protecting the value and attractiveness of the
property, and the Project and every part thereof, in accordance
with the plan for the improvement of the property and the divi-
sion thereof into condominiums. All of the limitations, coven-
ants which shall run with the land shall be binding upon Deciarant
and the successors
�
and assigns of the Declarant and all parties having or acquiring
any right, title or interest in or to any part of the property or
the Project.
�:�������*��:������*
ARTICLE I
DEFINITIONS
0
Section l.l "Assessment" Shall mean that portion of
the cost o maintaining, improving, operating and managing the
property which is to be paid by each owners as determined by the
Association.
Section 1.2 "Associafion" Shall mean and refer to the
Con ominium Homeowners' Association, the
members of which shall be owners of condominiums in the Project.
Section 1.3 "Board" or "Board of Directors" Shall
mean and re er to t e governing o y of t e ssociation.
Section 1.4 �"B�y��l�aw��s�" Shall mean or refer to the bylaws
of the Association as amen— ded from time to time.
Section 1.5 "Common Area" Shall mean and refer to those
portions o t e property, to w ic title is held by all owners in
common, and excepting the individual condominium units. The comm�n
area imcludes, S�rithout limitation, land; stairs; elevators and
elevator shafts; basements and storage areas; bearing walls, columns,
girders, subfloors, unfinished floors, roofs, and foundations;
central heating equipment, ducts, flues and shutes and fire escapes;
conduits, pipes, plumbing, wires and other utility installments
(except the outlets thereof located with a unit), required to pro-
vide power, light telephone, gas, water, sewerage, drainage, heat,
and elevator services; sprinklers pipes and sprinkler heads which
protrude into the air space of a condominium unit; central television
antenna, if any.
Section 1.6 "Common Expenses" '�teans and includes the
actual and estimated expenses of operating the property and any
reasonable reserve for such purposes as found and determined by
the Board and all sums designated common expenses by or pursuant
to the Condominium Documents.
Sections 1.7 "Common Interest" Means the proportionate
undivided interest in the common area w ich is appurtenant to each
unit as set forth in this Declaration.
Section 1.8 "Condominium" Shall mean an estate in real
property as efine in Cali ornia Civil Code section 783, consisting
of title to units and an undivided interest in the common area.
-2-
n
u
Section 1.9 "Coildominium Building" Shall mean the
residential structure containing con ominium units.
Section 1.10 "Condominium Documents" D4eans and includes
this Declaration as it may e amen e from time to time, the attach-
ments, if any, annexed hereto, and bylaws of the Association, and
the rules and regulations for the members as established from time
to time.
Section l.11 "Condominium Plan" Shall mean and refer to
tbose - certain portions o A:ap, as define� in Article I, Section
1.15, prepared pursuant to California Civil Code Section 1351.
Section 1.12 "Declarant" Shall mean and refer to
Section 1.13 "Declaration" Shall mean and refer to this
enabling Declaration.
Section 1.14 "Insfitution Lender" Shall mean any bank
savings and loan association, insurance company, or other financial
institution holding mortgage on any unit.
Section 1.15 "D1a�" Shall mean that subdivision map
entitled "Parcel A1ap o� , a condominium," recorded
the day of , 198 , in Book ,of Diaps,
pages throug in the Official Rec� of the
County o anS I�4ateo, City o Burlingame.
Section 1.16 "T4ember" Shall mean and refer to a person
entitled to mem ers ip in t� Association as provided in this
Declaration.
Section 1.17 "Mortgage" Shall include a deed of trust
as well as a mortgage.
Section 1.18 "Mortgagee" Snall include a beneficiary
or a holder o a ee of trust as well as a mortgagee,.
Section 1.19 "T�ortgagor" Shail include the trustor of
a deed of trust as well as a mortgagor.
Section 1.20 "Owner" or "Owners" Shall mean or refer
to the record hol er or holders of title— ,� more than one, of a
condominium in the Project. This shall include any person having
a fee simple title to any unit but shall not include contract sellers
and those persons or entities having any interest merely as security
for the performance of any obligation. If a unit is sold under a
recorded installment land contract to purchaser, such purchaser,
rather than the fee owner, shall be considered the "Owner."
-3-
Section 1.21 "Person" Means a natural person, a
corporation, a partnership, a trustee or other legal entity.
Section 1.22 "Project" Shall mean and refer to the
entire rea property escri�e3—Ferein, including all structures
and improvements erected thereon.
Section 1.23 "Pro ert " or "Pro erties" i•feans and
includes t e real property escri ed herein an all improvements
erected thereon and all property, real, personal or mixed, intended
for or used in connection with the condominium.
Section 1.24 "Restricfed Common Area" Shall mean and
refer to those portions o the Common Area, i any, set aside for
exclusive use of a unit owner or owners, pursuant to Article II,
Section 2.Zc.
Section 1.25 "Share" Tleans the percentage in and to the
Common Area attribute to an appurtenant to each unit as set forth
in Article II, Section 2.2b.
Section 1.26 "Unit" Shall mean and refer to the elements
of the con ominium, as de�ined in Article II, Section 2.2a which are
not owned in common with the owners of other condominiums in the
Project.
Section 1.27 "Unit Designation" hleans the number, letter
or combination th-�ereo� ox other o ticial designatio.s shown on the
Condominium Plan.
Section 1.28 Number and Gender The singular and plural
number and masculine, feminine an neuter gender shall each include
the other where the context requires.
*:�����������:���:';�X����x��:�
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION
OF PROPERTY AND CREATION
OF PROPERTY RIGHTS
Section 2.1 Description of Project. The Project consists
of the underlying real property with condominium units and all other
improvements located thereon. There is being built upon the premises
a three unit residential structure. Reference is made to the Condom-
inium Plan to supply further details concerning the Project.
Section 2.2 Division of Property. The property is hereby
divided into t e ollowing separate ree old estates:
�
a
0
a. Dwelling Units. Each of the units as separately
shown, numbered an esignated in the Condominium Plan, consists
of the space bounded and contained within the interior unfinished
surfaces of the perimeter walls, floors, ceilings, windows and
doors of each Unit, each of such spaces being defined and referred
to herein as a"Unit". Each Unit includes both the portions of
the building so described and the air space so encompassed. The
Unit does not include those areas and those things which are de-
fined as "Common Area" in Article I, Section 1.5. Each Unit is
subject to encroachments as are contained in the building, whether
the same now exist or may be later caused or created in any manner
referred to in Article VIII, Section 8.5, In interpreting deeds
and plans, the then existing physical boundaries of a Unit, whether
in its original state or reconstructed in substantial accordance with
the original plans thereof shall be conclusively presumed to be
its boundaries rather than the boundaries expressed in the deed or
plan, regardless of settling or lateral movement of the building
and regardless of minor variance between the boundaries shown on
the plan or deed, and those of the building.
b. Common Areas. The remaining portions of the property
referred to herei--'n as��ommon Area" or "Common Areas" shall include,
without limitation, all of the elements set forth in Article I,
Section 1.5, Each Owner shall have appurtenant to his unit the
following undivided interest in the common area:
Unit No.
Percentage I,�terest
in Common Area
The ownership of each condominium shall include a Unit and such
undivided interest in the Common Area. The common interest appur-
tenant to each Unit is declared to be permanent in character and
cannot be altered without the consent of all Owners affected and
the first mortgagees of such Owners, as ezpressed in an amended
declaration. Such common interest cannot be separated from the
Unit to which it is appurtenant. Each Owner may use the Common
Area in accordance with the purposes for which it is intended with-
out hindering the exercise of or encroaching upon the rights of any
other Owners.
c. Restricted Common Areas. Portions of the Common
Area referred to as "Restricte Common Area" are hereby set aside
and allocated for the exclusive use of the Owners of the Units.
The Restricted Common Area shall consist of the exclusive easement
to use the parking spaces (P- ), Decks (D- ) and Patio
(P- ), as designated on the Condominium Plan.
-S-
�
d. No Se arate Conve ance of Undivided Interest. The
foregoing undivi e interest are hereby established and are to be
conveyed with the respective units as set forth above. Such un-
divided interests cannot be changed, except as set forth in this
Declaration.
Declarant, the successors, assigns and grantees of Declarant
covenant and agree ihat the undivided interest in the Common Area
and the fee tatle to the respective Units conveyed therewith, shall
not be separated or separately conveyed, and each such undivided
interest shall be deemed to be conveyed or encumbered with its
respective Unit even though the description in the instrument of
conveyed or encumbrance may refer only to the fee title to the
Unit.
Section 2.3 Partition Prohibited. The Common Area
shall remain undivided as set forth erein. Except as provided
by California Civil Code Section 1354, no Oianer shall bring any
action for partition of the Project or any part thereof, it being
agreed that this restrictions is necessary in order to preserve
the rights of the Owners with respect to the operation and manage-
ment of the Project. Judicial partition by sale of a single Unit
owned by two or more persons and division of sale proceeds is not
prohibited hereby. However, partition of title to a single Unit is
prohibited.
�;�Y���x������:������X��:��
ARTICLE III
ASSOCIATION-ADDIINISTRATION,
h1ED1BERSHIP AND VOTING RIGHTS
Section 3.1 Association to A4anage Common Areas. The
management o the Common Area s all e veste in the Association in
accordance with its bylaws. The Owners of all of the condominium
covenant and agree that the administration of the Project shall be
in accordance with the provisions of this Declaration.
Section 3.2 T4embershi�. The Owner of a condominium
automatically, upon T�ecoming an Owner, shall be a member of the
Association, and shall remain a member thereof until such time as
his ownership ceases for any reason, at which time his membership
in the Association shall automatically cease. I�4embership shall be
held in accordance with the bylaws of the Association.
Section 3.3 Transferred blembershi . T4embership in the
Association shall not be trans erre , pledge or alienated in any
way, except on the sale or encumbrance of the condominium to which
it is appurtenant, and then only to the purchaser, in the case of
a sale, or mortgagee, in the case of an encumbrance of such condom-
inium. A mortgagee does not have membership rights until he becomes
an Owner by foreclosing or deed in lieu thereof. Any attempt to make
a prohibited transfer i's void, In the event the Owner of any condom-
inium should fail or refuse to transfer the the membership registered
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in his name to the purchaser of his condominium, the Association
shall have the right to record the transfer upon its books and''
thereupon any old membership outstanding in the name of the
seller shall be null and void.
Section 3.4 Membership Class and Voting Rights. The
Association s all ave one class o� voting mem ers ip. �ach
condominium shall be allocated one vote in the Association. When
more than one Owner holds an interest in any condominium, all such
Owners shall be members of the Association. However, the vote
of such Owners shall be exercised as the Owner of such condominium
shall determine, but in all events, only one vote shall be cast
with respect to any condominium.
Except as otherwise provided in the Condominium Documents,
any action by the Association which must have the approval of the
members before undertaken shall require the vote or written assent
of the majority of inembership.
��Xz�����xxr��:Xx;��
ARTICLE IV
b4AINTENANCE AND ASSESSDIENT
Section 4.1 Creation of the Lien and Personal Obli ation
of Assessment. The Declarant or each con ominium owner within the
Project, ereby covenants, and each Owner of any condominium by
acceptance of a deed therefore, whether or not it shall be so ex-
pressed in such deed, is deemed to covenant and agrees to pay to
the Association regular assessments and special assessments, such
assessments to be established, made and collected as provided in
this Declaration. �
Each assessment or installment thereof, together with any
late charge, interest, collection costs and reasonable attorneys'
fees, shall be the personal obligation of the Owner at the time
such assessment, or installment, became due and payable. If more
than one person is the Owner of a condominium, the personal obliga-
tion to pay such assessment, or installment, respecting such con-
dominium shall be both joint and several. Except as provided in
sections 4.8 and 8.6 hereof, in a voluntary conveyance of a condom-
inium the grantee shall be jointly and severally liable with the
grantor for all unpaid assessments of the Association against the
grantor for his share of the common expenses up to the time of the
grant or conveyance, without prejudice to the grantee's therefore.
No Otti�ner of a condominium may exempt himself from payment of assess-
ments, or installments, by waiver of the use or enjoyment of all or
any portion of the Common Area or by waiver of the use or enjoyment,
or by abandonment of, his condominium.
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Section 4.2 Pur oses of Assessments. The assessments
levied by the Association shall e used exclusively to promote"the
recreation, health, safety and welfare of the members of the
Association, the improvement, replacement, repair, operation and
maintenance of the Common Area and the performance of the duties
of the Association as set forth in this Declaration.
Section 4.3 Regular Annual Assess'ment. Not more than
sixty (60) ays nor ess t an t irty 30 ays efore the beginning
of each fiscal year the Board shall estimate the total amount of
funds necessary to defray the common expenses of the Association
for the next fiscal year. If the amount is approved by a majority
vote of the Board without a vote of the members of the Association,
the estimates shall become the regular assessment for such year.
However, the Board may not increase the amount of the regular
assessment for any fiscal year of the Association by more than
twenty percent (200) above the amount of the prior year's regular
assessment (except the first such year if it should be less than
twelve (12) months) without the approval of a majority of the
members of the Association, excluding Declarant. Division of
assessments among members shall be determined as provided in
Section 4.5. The regular assessment shall be payable in regular
installments as provided in this Declaration and shall include
adequate reserve funds for contingencies and for maintenance,
repairs and replacement of the Common Area improvements that must
be replaced on a periodic basis, sufficient to satisfy the require-
ments of any mortgagee. Unless the Association is exempt from
federal or State taxes, all reserves shall be accounted for as
contributions to the capital of the Association and as trust
funds segregated from the regular income of the Association or in
any other manner authorized by law or regulation of the Internal
Revenue Service and the California Franchise Tax Board that will
prevent such funds from being taxed as income to the Association.
Section 4.4 �S ec�ial Assessments. If the Board deter-
mines that the estimated total amount o��unds necessary to defray
the common expenses of the Association for a given fiscal year is,
or will come, inadequate to meet expenses for any reason (including,
but not limited to, unanticipated delinquencies, costs of construction,
unexpected or replacement of capital improvements of the Common Area)
the Board shall determine the approximate amount necessary to defray
such expenses and if the amount is approved by a majority vote of the
Board, it shall become a special assessments. The Board may, in its
discretion, prorate such special assessment over the remaining months
of the fiscal year or levy the assessment immediately against each
condominium. Unless exempt from federal or State income taxation,
all proceeds from any special assessment shall be segregated and
deposited into a special amount and shall be used solely for the
purposes for which it was levied or it otherwise shall be handled
and used in a manner authorized by law or regulation of the Internal
Revenue Service and the California Franchise Tax Board in order to
avoid, if possible, its taxation as income to the Association.
�
Any special assessment in excess of five percent (5a)
of the budgeted gross expense of the Association for the fiscal'
year in which a special assessment is levied shall require
approval by vote or the written consent of a majority of the
members of the Association residing in members other than Declar-
ant, except in the case of a special assessment against an Owner
as a remedy utilized by the Board to reimburse the Association
for costs incurred in bringing the member or his condominium into
compliance with the provisions of this Declaration.
Section 4.5 Division of Assessments. Al1 assessments,
both regular and specia , s all e c arge3 to and divided among
the Owners according to the schedule annexed as Attachment B and
incorporated herein by this reference. If any utility is directly
connected to any one Unit, but is used by all of the Owners in
common, the Owner shall reimburse the Owner of the Unit so connec-
ted according to the division of assessments established in this
section.
Section 4.6 Assessment Period. The regular assessment
period shall commence on January 1 of each year and shall terminate
on December 31 of each year, and regular assessment shall be payable
in equal monthly installments unless the Board adopts some other
basis for collection. However, the initial regular assessment
period shall commence on the first day of the calendar month foll-
owing the date on which the sale of the first subdivision interest
to a purchaser is closed (the "initiation date") and shall terminate
on December 31 of the year in which the initial sale is closed. ihe
first regular assessment and all special assessments shall be ad-
justed according to the number of months remaining in the fiscal year
and shall be payable in equal monthly installments unless the Board
adopts some other basis for collection. The Association shall not
change the pro rata interest or obligation of any condominium for
purposes of levying assessments unless all Owners and all mortgagees
have given their prior written consent.
Section 4.7 Notice and Assessment Installment Due Dates.
A single ten 10 days prior written notice o eac annual regular
assessment and each special assessment shall be given to each Owner
of every condominium subject to assessment in which the due date for
the payments of installments shall be specified. The due dates for
the pa}�ment of installments normally shall be the first day of each
month unless some other due date is established by the Board. Each
installment of regular assessments and special assessments shall
become delinquent if not paid in fifteen (15) days after its due date.
There shall accrue with each delinquent installment interest at the
rate of ten percent (l00) per annum calculated from the due date to
and including the date full payment is received by the Association.
In addition, the Board, in its discretion, may adopt rules imposing
such additional late payment charges as permitted by law.
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Section 4.8 Estoppel Certificate. The Board, on not
less than twenty (20) days prior written request, shall execute',
acknowledge and deliver to the party making such request a state-
ment in writing stating whether or not, to the knowledge of the
Association, a particular Owner is in default as to his condominium
under the provisions of this Declaration and further stating the
dates to which installments of assessments, regular or special,
have been paid as to such condominium, Any certificate delivered
pursuant to this section may be relied on by any prospective
purchaser or mortgagee of the condominium, but reliance on such
certificate may not extend to any default not involving the pay-
ment of assessments of which the signer had not actual knowledge.
Section 4.9 Right to Enforce. The right to collect
and enforce assessments is veste in t e Board of acting by and
on behalf of the Association. The Board or its authorized repre-
sentative, can enforce the obligations of the Owners to pay
assessments provided for in this Declaration by commencement and
maintenance of a suit at law or in equity, or the Board may fore-
close by judicial proceedings or through the exercise of the power
of sale pursuant to Section 4.10 to enforce the lien rights created.
Suit to recover a money judgment for unpaid assessments together
with all amounts described in Section 4.1 shall be maintainable
without foreclosing or waiving the lien rights.
Section 4.10 Creation of Lien, If there is a delin-
quency in the payment of any assessment, or installment thereof on
a condominium, as described in Section 4.7, and amounts that are
delinquent together with any late charge, interest at the rate of
ten percent (l00) per annum, and all costs that are incurred by
the Board or its authorized representative in the collection of
the amounts, including reasonable attorneys' fees, shall be a lien
against such condominium upon the recordation in the Office of the
County Recorder of the County of San r�ateo of a notice of assess-
ment as provided in California Civil Code Section 1356. The notice
of assessment shall not be recorded unless and until the Board or
its authorized representative has delivered to the delinquent Owner
or Owners of such condominium not less than fifteen (15) days before
the recordation of such notice of assessment, a written notice of
default and demand for payment, and unless such delinc�uency has not
been cured within fifteen (15) days after delivery of such notice
of default. The lien shall expire and be void unless, within one
(1) year after recordation of the notice of assessment, the Board
or its authorized representative records a notice of default as
provided in the Declaration or institutes judicial foreclosure
proceedings. .
Section 4.11 Notice of Default; Foreclosing. Not more
than one (� year nor less than ten 10) days a ter the recording
of the notice of assessment, the Board or its authorized repre-
sentative can record a notice of default and can cause the condom-
inium to be sold in the same number as the sale is conducted under
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California Civil Code section 2924, 2924b-2924c, or through
judicial foreciosing. However, as a condition precedent to the'�
holding of any such sale under Section 2924c, appropriate pub-
lication shall be made. In connection with any such sale under
Section 2924c, the Board is authorized to appoint its attorney,
an officer or director, or any title insurance company author-
ized to do business in California as trustee for purposes of
conducting the sale. If the delinquency is cured before sale,
or before completing a judicial foreclosure, the Board or its
authorized representative shall cause to be recorded in the
Office of the Recorder of the County of San rlateo, a certificate
setting forth the satisfaction of such claim and release of such
lien on payment of actual expenses incurred, including reason-
able attorneys' fees.
Section 4.12 �y'aiver of Exemptions. Each Owner, to the
extentpermi� �—�y law, waives, to the extent of any liens created
pursuant to this Article IV, the benefit of any homestead or exemp-
tion laws of the State of California in effect at the time any
assessment, or installment becomes delinquent or any lien is im-
posed.
Section 4.13 Unallocated Taxes. In the event that any
taxes are assesse against t e Common Area, or the personal pro-
perty of the Association, rather than against the condominiums,
such taxes shall be included in the assessments made under the
provisions of Section 4.1, and if necessary, a special assessment
may be levied against the condominium in an amount eyual to such
taxes, to be paid in two (2) installments, thirty (30) days prior
to the due date of each installment.
����:����x*xx�;���
ARTICLE V ,
DUTIES AND P0ti9ERS
OF THE ASSOCIATION
Section 5.1 Duties. In addition to the duties enu-
merated in its ylaws, or elsewhere provided in this Declaration,
and without limiting the generality thereof, the Association shall
perform the following duties:
a. hlaintenance. The Association shall maintain, repair,
replace, restore, operate and manage all of the Common Area and
all facilities, improvements, furnishings, eqtiipment and land-
scaping thereon, and all property that may be acquired by the Assoc-
iation. D4aintenance shall include, without limitation, painting,
maintaining, repairing and replacing all Common Areas, exterior
glass surfaces, and landscaping. The responsibility of the Assoc-
iation for maintenance and repair shall not extend to repairs or
replacements arising out of or caused by the willful or negligent
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c
act or neglect of an O�aner or his guests, tenants, or invitee$,
the cost of which is not covered by insurance. Repairs or re-
placements resulting from such excluded items shall be the
responsibility of each Owner, provided, however, that if an
Owner shall fail to make the repairs or replacements which are
his responsibility as provided herein, then, upon a vote of a
majority of the Board of Directors, and after not less than
thirty (30) days notice to the Owner, and hearing, the Assoc-
iation shall have the right (but not the obligation) to make
such repairs or replacements, and the cost thereof shall be
added to the assessments chargeable to such condominium and
shall be payable tothe Association by the Owner of such condom-
inium.
b. Insurance. The Association shall maintain the
following policie�nsurance:
i. A policy or policies of fire and casualty insurance,
with extended coverage endorsement and coverage against
vandalism and malicious mischief, for the full insurable
value of the units, and the Common Area, payable as pro-
vided in Section 8.9 hereof, or such other fire and
casualty insurance as the Board shall determine gives
substantially equal or greater protection to the Owners
and their mortgagees, as their respective interests
appear. Each policy shall provide that it shall not
be cancelled without at least thirty (30) days prior
written notice to the Association and to each of the
Owners. The Board shall revie�a the limits of such insur-
ance at least every year and shall increase or adjust the
same, if necessary, to provide such coverage and protec-
tion as is customarily carried by prudent owners of sim-
ilar property in the County in which the Project is
located. Such policy or policies shall provide for a
separate loss payable endorsement in favor of the mort-
gagee or mortgagees of each condominium, if any.
ii. A policy or policies of comprehensive public lia-
bility insurance insuring the Association, Declarant,
the Board, Owners and any appointed manager, against any
liability to the public or to the Owners incident to the
ownership and/or use of the Project and to protect against
any liability to the public or to any Owner incident to
the use of, or resulting from any accident or intentional
act occurring in or about any Unit or the Common Area.
The minimum limits of such insurance shall be determined
by the Board and established to provide such coverage and
protection as is customarily carried by prudent oi,ners
of similar property in the County in which the Project
is situated. The Board shall review the limits and
coverage of such insurance at least every year and shall
increase or adjust the same, if necessary, to provide
adequate coverage and protection to the Association,
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Declarant, the Board, Owners, and any appointed manager.
Such policy or policies shall provide cross liability
endorsements or severability of interest endorsements
insuring each insured against the liability of each
other insured.
iii. Worker's Compensation Insurance to the extent
necessary to comply with all applicable laws of the
State of California or the regulations of any govern-
mental body or authority having jurisdiction over the
Proj ect.
iv. A fidelity bond in a commercial blanket fidelity
bond, obtained at the discretion of the Board naming
such persons as may be designated by the Board as prin-
cipals, and the Owners as obligees, in an amount to be
determined by the Board in its absolute discretion.
Nothing in this subsection (b) shall restrict or prohibit the Board
from maintaining such additional policies of insurance as it, in its
absolute discretion, shall deem reasonable and necessary. Any insur-
ance acquired by the Board may be taken in the name of the Board as
trustee, for the use and benefit of the Board and all Owners.
c. Discharge of Liens. The Association shall discharge
by payment, if necessary, any lien agains.t the Common Area, and
assess the cost thereof to the member or members responsible for the
existence of such lien.
d. Assessments. The Association shall fix, levy, collect
and enforce assessments as provided in Article IV hereof.
e. Payment of Expenses. The Association shall pay all
expenses and obligations incurred by t-he Association in the conduct
of its business including, without limitation, all licenses, taxes
or governmental charges levied or imposed against the property of the
Association.
f. Enforcement. The Association shall enforce this
Declaration.
Section 5.2 Powers. In addition to the powers enumerated
in its bylaws, or elsewhere provided herein, and without limiting the
generality thereof, the Association shall have the following pok�ers:
a. Utility Service. The Association shall have the
authority to obtain, or t e benefit of all of the condominiums, all
water, gas and electric service and refuse collection and janitorial
or window cleaning service and fireplace cleaning and chimney clean-
ing service.
b. Easments. The Association shall have the authority
to grant easements where necessary for utilities and se�aer facilities
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over the Common Area to serve the common and open space
areas and the condominiums.
c. T4anager. The Association shall have the authority
to employ a manager or other person and to contract with indepen-
dent contractors or managing agents to perform all or any part of
the day to day management duties and responsibilities of the Assoc-
iation, each of whom shall be subject to the direction and control
of the Board provided that any contract with a firm or person
appointed as manager or managing agent shall not exceed a one (1)
year term, shall provide for the right of the Association to termin-
ate the same at the first annual meeting of the members of the
Association, and to terminate the same for cause on thirty (30)
day written notice.
d. Adoption of Rules. The Association may adopt rea-
sonable rules not inconsistent with this Declaration relating to
the use of the Common Area, the Restricted Common Area and all
facilities thereon, and the conduct and use thereof and the conduct
of Owners and their tenants and guests with respect to the property
and other Owners. ,
e. Access. For the purpose of performing the maintenance
authorized herein or for any other purpose reasonably related to the
performance by the Association or the Board of Directors of their
respective responsibilities, the Association's agents or employees
shall have the right, after reasonable notice to the Owner thereof,
to enter any Unit or to enter any portion of the Comr.�vn Area at
reasonable hours. Except in the case of any emergency, twenty-four
(24) hours advance notice shall be given to the Owner or occupant
prior to any entry of a Unit.
f. Assessments, Liens and Fines. The Association shall
have the potiver to levy and collect ass�essments in accordance with
the provisions of Article IV hereof. The Association may impose
fines or take disciplinary action against any Owner for failure to
pay assessments or for violation of any provision of the Condominium
Documents. Penalties may include but are not limited to: fines,
temporary suspension of voting rights or other appropriate discipline,
provided that the accused member is given notice and the opportunity
to be heard before the Board of the Association with respect to the
alleged violations before a decision to impose discipline is made.
g. Enforcement. The Association shall have the authority
to enforce this Declaration as provided in section 8.1 hereof.
h. Acquisition of Pro erty. The Association shall have
the power to acquire (by gi t, purchase or otherwise), own, hold,
improve, build upon, operate, maintain, convey, sell, lease, transfer,
dedicate for public use, or otherwise dispose of, real or personal
property in connection with the affairs of the Association.
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i. Loans. The Association shall have the power to
borrow money, a3 Only with the consent (by vote or written '
consent) of two-thirds (66 2/30) of the members, to mortgage,
to pledge, encumber or hypothecate any or all of its real or
personal property as security for monies borrowed or debts
incurred.
j. Contract. The Association shall have the power
to contract for goods and/or services for the Common Area fac-
ilities and interests or for the Association, subject to any
limitations set forth in the Condominium Documents.
k. Delegation. The Association shall have the power
to delegate its authority and powers to committees, officers or
employees of the Association.
x�:�:�:��x���:�xx�X�
ARTICLE VI
UTILITIES
Section 6.1 Owners' Rights and Duties. The rights and
duties of the Owners of con ominiums wit in the Project with
respect to sanitary sewer, water, electricity, gas and telephone
lines and facilities shall be as follows:
a. Whenever sanitary sewer, water, electricity, gas,
television receiving, telephone lines or connections, are installed
within the property, which connections or any portion thereof lie
in or upon condominiums owned by other than the Owner of a condom-
inium served by such connections, the Owners of any condominium
served by such connections shall have the right, and are hereby
granted an easement to the full extenZ necessary therefore, to enter
upon the condominiums or to have the utility company enter upon the
condominiums in or upon which such connections or any portion thereof
lie, to repair, replace and generally maintain such connections, as
and when necessary.
b. Whenever sanitary sewer, water, electricity, gas or
telephone lines or connections, are installed within the property
which connections serve more than one condominium, the Owner of
each condominium served by such connection shall be entitled to the
full use and enjoyment of such portions of such connections as service
his condominium. If the Owner of the Unit to which the utility is
connected is billed for the total charges for that utility connection,
the Oiti�ner of said Unit shall be reimbursed by all other Unit Owners
who use said connection. The entire bill shall be proratedaccording
to the interest in the Common Area which is appurtenant to the par-
ticular Unit sharing the connection.
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c. In the event of a dispute between Owners with
respect to the repair or rebuilding of such connections, or
with respect to the sharing of the cost thereof, then, upon
written request of one of such Owners addressed to the Assoc-
iation, the matter shall be submitted to the Board of Direct-
ors who shail decide the dispute.
Section 6.2 Easeinehts for Utilities and Maintenance.
Easements over a�n —under t e property or t e installation,
repair and maintenance of electric, telephone, water, gas and
sanitary sewer lines and facilities, cable or master television
antenna lines, security systems, drainage facilities, walkways,
and landscaping as sholan on the recorded Map of the property,
and as may be hereafter required or needed to service the proper-
ty are hereby reserved by Declarant and the successors and assigns
of Declarant, including the Association, together with the right
to grant and transfer the same.
Section 6.3 Association's Duties. The Association
shall maintain all utility installations located in the Common
Area except those installations maintained by utility companies,
public, private or municipal. The Association shall pay all
charges for utilities supplied to the Project except those
metered and chargeu separately to the condominiums.
�x�������:�������*
ARTICLE VII
USE RESTRICTIONS
Section 7.l Condominium Use. No condominium shall be
occupied anc�use�ept or residential purposes by the Owners,
their tenants, and social guests, and�no trade or business shall
be conducted therein, except that Declarant and the successors or
assigns of Declarant, may use any Unit or Units in the Project
owned by Declarant for a model home site or sites and display and
sales office until the last condominium is sold by Declarant.
a. Occupancy Limitations. Residents shall be limited
as follows: No more than iour persons in Unit I; no more than
four persons in Unit 2; and no more than six persons in Unit 3.
Section 7.2 Nuisances. No obnoxious, illegal or
offensive activity shall e transacted or conducted in any condom-
inium or in any part of the property, nor shall anything be done
thereon which may be or may become an annoyance or a nuisance to
or which may in any way interfere with the quiet enjoyment of each
of the Owners of his respective Unit, or which shall in any way
increase the rate of insurance for the Project, or cause any
insurance policy to be cancelled or to cause a refusal to renew the
same or which will impair the structural integrity of any building.
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Section 7.3 Signs. No signs shall be displayed to
the public view on any Units or any portion of the property except
signs as are approved by the Board. "For Sale" or "For Rent"
signs shall be allowed provided that they do not exceed three
square feet in size and that they are posted at such locations
as may be designated by the Board.
Section 7.4 Animals. No animals, or birds of any
kind shall e� raised, bre�3 or�ept in any condominiums, or any
portion of the property; except that no more than ttvo (2) usual
and ordinary household pets such as dogs, cats, birds, etc., may
be kept, provided that they are not kept, bred or maintained for
any commercial purposes, and they are kept under reasonabie control
at all times. No pets shall be allowed in the Common Area except
as may be permitted by the rules of the Association. No dog shall
enter the Common Area except while on a leash which is held by a
person capable of controlling it. Declarant or any Owner may cause
any unleashed dog found in the Common Area to be removed to a pound
or animal shelter under the jurisdiction of the City of Burlingame,
by calling the appropriate authorities, whereupon the Owner (upon
payment of all expenses connected therewith) may repossess the dog.
Owners shall prevent their pets from soiling all portions of the
Common Area where other persons customarily �4alk and shall promptly
clean up any fouling by their pets.
Section 7.5 Garbage and Refuse Dis osal. Ail rubbish,
trash and gar�age shall e regularly removed rom t e property and
shall not be allowed to accumulate thereon. Trash, garbage and
other waste shall not be kept except in sanitary containers. All
equipment for the storage or disposal of such materials shall be
kept in a clean and sanitary condition. Al1 equipment, garbage
cans, wood piles or storage piles shall be kept screened and sealed
from view of other Units, streets and Common Areas.
Section 7.6 Radio and Television Antennas. No alteration
to or modification o� a central ra io antenna or television antenna
system or cable television system, if any, as developed by Declarant
and as maintained by the Association, shall be permitted, and no
O�aner may be permitted to contruct and/or use and operate his own
external radio and/or television antenna without the consent of the
Board.
Section 7.7 Right to Lease. Owners shall be entitled
to rent or lease their Unit provided that:
(a) Not less than the entire unit is leased.
(b) The lease term is for a period of not less than six
(6) months or such lesser term as approved by the
Association on an individual case basis.
Any lease of.a Unit shall be made subject to the convenants,
conditions and restrictions, limitations and uses contained in
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this Declaration as well as the rules and regulations established
by the Association.
Section 7.8 Floor and Window Coverings. Each room
(excluding kitchens and bathrooms in all Units situated above
other Units shall have wall-to-wall carpeting in order to reduce
noise and maximize quiet enjoyment of those Owners whose Units
are situated beneath other Units. In addition, all interior
stairways shall be carpeted. All drapes, blinds, shades, shutters,
or other window coverings visible from the exterior of any Unit
shall be uniform and white or neutral in color, or natural wood,
unless ot}lerwise authorized by the Board.
Section 7.9 Architectural Control. No building,
fence, wall obstruction, balcony, screen, patio, patio cover, tent,
awning, improvement or structure of any kind shall be commenced,
erected, painted or maintained upon the property nor shall any
alteration, or improvement of any kind be made thereto until the
same has been approved in writing by the Board. Plans and speci-
fications showing the nature, kind, shape, color, size, materials
and location of such improvement, alterations, etc.,shall be sub-
mitted to the Board for approval as to quality of workmanship and
design and harmony of external design with existing structures and
as to location in relation to surrounding structures. In the event
the Board fails to approve or disapprove plans and specifications
within thirty (30) days after the same have been submitted to it,
approval shall not be required and the related covenant shall be
deemed to have been satisfied.
Section 7.10 Liability of Owners for Damage fo Common
Area. The Owner o each co�inium shall be liable to the
Association for all damages to the Common Area or improvements
thereon caused by such Owner or any occupant of his condominium
or guest, except for that portion if xny, fully covered by insur-
ance. Liability of an Owner shall be established only after notice
to the Owner and hearing before the Board.
��������X����X���
ARTICLE VIII
GENERAL PROVISIONS
Section 8.1 Enforcement. The Association, or any Owner
shall have t e rig t to e—n�rce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations,liens
and charges now or hereafter imposed by the provisions of this De-
claration, and in such action shall be entitled to recover reason-
able attorneys' fees as are ordered by the Court. Failure by the
Association or by any Owner to enforce any covenant or restriction
contained herein shall in no event be deemed a waiver of the rights
to so do thereafter.
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Section 8.2 Invalidity of a� Provision. Should any
provision or portion of any Con ominium Docwnent be declared '
invalid or in conflict with any law of the jurisdiction in
which this Project is situated, the validity of all the remain-
ing provisions and portions thereof shall remain unaffected and
in full force and effect.
Section 8.3 Term. The covenants, conditions and
restrictions of this Declaration shall run with and bind the
property and shall inure to the benefit of and shall be enfor-
ceable by the Association or the Owner of any property subject
to this Declaration, their respective legal representatives,
heirs, successors and assigns for a term of thirty (30) years
from the date that this Declaration is recorded, after which
time, these covenants, conditions and restrictions shall be
automatically extended for successive periods of ten (10) years,
unless an instrument in writing signed by sixty-six and two-thirds
percent (66-2/30) of the then Owners of the Condominiums (and
approved by all first mortgagees pursuant to section 8.6.) has
been recorded within the year preceding the year of each successive
period of ten (10) years, agreeing to change such covenants and
restrictions in whole or in part or to terminate them.
Section 8.4 Amendments. This Declaration may be
amended only by the affirmative vote of both 1) sixty-six and
two-thirds percent (66-2/30) of the total voting power of the
Association and 2) a majority of the votes of inembers other than
Declarant. All such amendments must be recorded ai�d shall becom�
effective upon being recorded in the Recorder's Office of the
County of San b4ateo.
Section 8.5 Encroachment Easements. Each condominium
within the property is hereby declared to have an easement over
all adjoining condominiums and the Cqmmon Area for the purpose of
accommodating any encroachment due to engineering errors, errors
in original construction, settling or shifting to the building,
or any other cause. There shall be valid easements for the main-
tenance of such encroachments as long as they shall exist, and the
rights and obligations of the Owners shall not be altered in any
way by such encroachment, settlement or shifting; provided, however,
that in no event shall a valid easement for encroachment be created
in favor of an Owner or Owners if such encroachment occurred due to
i,�illful misconduct of such Owner or Owners. In the event that a
structure is pariially or totally destroyed, and subsequently re-
paired or rebuilt, the Owners of each condominium agree that minor
encroachments over adjoining condominiums or Common Area shall be
permitted and that there shall be valid easements for the main-
tenance of such encroachments so long as they shall exist.
Section 8.6 A�lortgage Protection Provision.
a. Tfortgage Permitted
condominium with a mortgage.
Any O�aner may encumber his
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b. Subordination. Any lien created or claimed under
the provisions of this Declaration is expressly made subject and
subordinate to the rights of any first mortgage that encumbers
any condominium, made in good faith and for value, and no such
lien shall in any way defeat, invalidate or impair the obligation
or priority of such mortgage unless the mortgagee expressly sub-
ordinates his interest in writing to such lien.
c. Amehdment. No amendment to the Condominium Docu-
ments shall aftect tTe rights of any mortgagee under any mortgage
made in good faith and for value and recorded before the record-
ation of any such amendment unless a mortgagee either joins in the
execution of the amendment or approves it in writing as a part of
such amendment.
d. Restrictions on Certain Changes. Unless all first
mortgagees of con ominiums have given t eir prior written approval,
neither the Association nor the Owners shall be entitled:
i. By act or omission to seek to abandon or ter-
minate the Project, except for abandonment provided
by statute in case of substantial loss to the Units
and the Common Area.
ii. To change the pro rata interest or obligations of
any condominium for purposes of levying assessments
or charges or allocating distributions of hazard
insurance proceeds or condemnation awurds or for
determining the pro rata share of ownership of each
condominium in the Common Area.
iii. To partition or subdivide any condominium.
iv. By act or omission to seek to abandon, partition,
subdivide, encumber, sell or transfer the Common Area.
The granting of easements for public utilities or for
other public purposes consistent with the intended use
of the Common Area by the Association or the Owners
shall not be deemed a transfer within the meaning of
this subparagraph.
v. To use hazard insurance proceeds for losses to Units
or Common Area for other than the repair, replacement
or reconstruction of improvements, except as provided
by statute in case of substantial loss to the Units
or Common Area of the Project.
e. Right to Examine Books and Records. First mortgagees
may examine the oocs an recor s o the Association and may require
the submission of financial data concerning the Association, including
annual audit reports and operating statements as furnished to the
Okners.
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k. Appearance at b4eetings. Because of its financial
interest in the Project, any mortgagee may appear at meetings ef
the members and the Board to draw attention to violations of this
Declaration that have not been corrected or made subject to re-
medial proceedings or assessments.
1. Right to Furnish any Information. Any mortgagee can
furnish information to the Boar concerning t e status of any
mortgage.
m. Inapplicability of Right to First Refusal of
Mortgagee. No rig t o irst retusa or slmilar restriction on
the right of an Owner to sell, transfer or otheriaise convey the
Owner's condominium shall be granted to the Association without
the consent of any mortgagee of the condominium. Any right
of first refusal or option to purchase a condominium that may be
granted to the Association (or other person, form or entity) shall
not apply to any conveyance or transfer of title to such condom-
inium, whether voluntary or involuntary, to a mortgagee who acquires
title to or ownership of the condominium pursuant to the remedies
provided in its mortgage or by reason of foreclosure of the mort-
gage or deed (or assignment) in lieu of foreclosure.
Section 8.7 Owner's Right and Obligations to Maintain
and Repair. Except for those portions o the project that the
Association is required to maintain and repair, each Owner shall
at his sole cost and expense, maintain and repair his Unit, keeping
the same in good condition. Each Owner shall keep �hose portion�
of Restricted Common Area, to which he has an exclusive easement
or license, clean and neat. Each Owner shall have the exclusive
right to paint, plaster, panel, tile, wax, paper or otherwise re-
finish or decorate the inner surfaces of the walls, ceilings,
floors, windows, and doors bounding his Unit. In the event that
an Owner fails to maintain the interior of his Unit in a manner
iahich the Board deems necessary to pr�eserve the appearance and value
of the property, the Board may notify the Owner of the work required
and request that it be done within sixty (60) days from the giving
of such notice. In the event the Owner fails to carry out such
maintenance within the sixty (60) day period, the Board may, after
notice and hearing, cause such work to be done and may specially
assess the cost thereof to such Owner and, if following notice and
hearing, if necessary, place a lien on his condominium for the amount
thereof.
Section 8.8 Entry for Repairs. The Board or its appointed
agents may enter any Unit w�en necessary in connection with any main-
tenance, repair or construction for which the Association is respon-
sible. Such entry shall be made with as little inconvenience to the
Owner as is practicable and any damage cause thereby shall be repaired
by the Board at the expense of the Association. Except in the case
of any emergency, twenty four (24) hour advance notice shall be given
to the Oi;ner or occi�pant prior to any such entry.
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Section 8.9 Destruction of Condominium Building. If the
Project is damaged by fire or other casualty which is covered b'y
insurance and the damage is limited to a single Unit, the insurance
proceeds shall be paid to the Owner of such Unit, or the mortgagee
thereof, as their respective interests appear, and such Owner or
mortgagee shall use the same to rebuild and repair such Unit. In
the event the proceeds are insufficient to complete such work, the
Owner shall pay and advance such additional sums as may be necessary
to complete such rebuilding and repair.
If such damage extends to two (2) or more Units or extends
to any part of the Common Area, the folloh�ing procedures shall be
employed for disposition of insurance proceeds and guidance in
reconstruction:
a. Minor �C�a�s�ua�lty . If the available insurance proceeds
initially offel-ed or pa b the insurer do not exceed the sum of
twenty tliousand dollars ($20,000), and the cost of repairing or
rebuilding does not exceed the amount of available insurance proceeds
by more than five thousand dollars (�5,000), such insurance proceeds
shall be paid to the insurance trustee hereinafter designated. The
Board shall thereupon contract to repair and rebuild the damaged
portions of all Units and the Common Area, in accordance with the
conditions existing immediately prior to damage (modified at the
discretion of the Board to comply with building codes and construction
standards in effect at the time of the rebuilding) and the funds
held in the insurance trust fund shall be used for that purpose.
If the insurance proceeds are insufficient to pay al� of the costs
of repairing or rebuilding, the Owners of the Units affected shall
pay for the portion of the insufficiency attributed to their Unit
by the Board and the Board shall levy a special assessment on all
Owners to make up any deficiency attributed to the Common Area;
subject to the provisions of this Declaration governing member-
ship approval of special assessments. ,
b. biajor Casualty. If subparagraph (a) is inapplicable,
then,
i. Al1 insurance proceeds shall be paid to a bond or
trust company designated by the Board ("the insurance
trustee") to be held for the benefit of the Otianers and
their mortgagees, as their respective interests may
appear. The Board, on behalf of the Association and of
the Owners, hereby is authorized to enter into an insur-
ance trust agreement, consistent with this Declaration,
with such insurance trustee, relating to its powers,
duties and compensation.
ii. The Board shall obtain firm bids from two (2) or more
responsible contractors to rebuild the Project in accor-
dance with the conditions existing immediately prior to
damage and destruction (modified at the direction of the
Board to comply with building codes and construction stan-
dards in effect at the time of the rebuilding) and shall
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J
as soon as reasonably possible thereafter, call a
special meeting of the Owners to consider stich bids.
The Board may also obtain an estimate from the insur-
ance carrier of the work it will"perform for the amount
of the insurance coverage. To be considered, any con-
tractor's bid shall include the premium payable for
performance, labor and material payment bonds from a
reputable bonding company. If the Board fails to do
so within sixty (60) days after the casualty occurs,
and Owner may obtain such contractor's bids or insur-
ance estimate and call and conduct such meeting as
provided herein. Failure to call such a meeting, or
to repair such casualty damage within twelve (12)
months from the date such damage occured, shall be
deemed, for all purposes, a decision not to rebuild
the damaged or destroyed improvements, At such meeting,
the Ojaners may elect to reject all such bids or estimates
and thus not to rebuild. A vote in excess of sixty-six
and two thirds percent (66-2/30) of the total voting
poiaer of the Association shall be required to reject
all bids or estimates. Failure to reject all bids and
estimates shall authorize the Board to accept the un-
rejected bid it considers most favorable; provided,
ho��ever, that if acceptance of any such bid would require
the levy of a special assessment, such acceptance shall
only be granted following membership approval of such
special assessment as required by this Declaration. If
such membership approval is not obtained, the bid shall
be deemed to have been rejected.
iii. If a bid or estimate is accepted, the Board shall
levy a special assessment to make up any deficiency
between the total_insurance proceeds or insurance worlc
and the cost of such repairs or rebuilding, and such
assessment and all insurance proceeds, whether or not
subject to liens of mortgagees, shall be paid to the
insurance trustee to be used for such rebuilding.
Notwithstanding any provision in this section to the contrary, if the
insurance carrier offers the full amount required to repair and re-
store all of the damage, then the Board shall contract to repair and
rebuild the damaged portions of all Units and the Common Area in the
manner provided in subparagraph (a) for a minor casualty.
Without waiting to obtain insurance settlements or bids,
the Board may undertake such emergency repair work after a casualty
as it may deem necessary or desirable under the circumstances.
Section 8.10 Condemnation. In the event of an award for
the taking ot any Unit in the Project by eminent domain, the Owner
of such Unit shall be entitled to receive the al.�ard for such taking
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.
and after acceptance thereof, he and his mortgagee shall be
divested of all interest in the Project if such Owner shall
vacate his Unit as a result of such taking. The remaining
Owners shall decide by majority vote whether to rebuild or
repair the Project or take other action. The remaining
portion of the Project shall be resurveyed, if necessary,
and the Declaration shall be amended to reflect such taking
and to readjust proportionately the percentages of the un-
divided interests of the remaining Owners in the Project.
In the event of a taking by eminent domain of any part of the
Common Area, the Association shall participate in the negotia-
tions, and shall propose the method of division of the proceeds
of condemnation, where Units are not valued separately by the
condemning authority or by the Court. The proceeds of any
award received shall be allocated fairly and proportionately
among the Owner of Units involved. The Association shall give
careful consideration to the allocation of percentage interests
in the Common Area in determining how to divide the proceeds
of condemnation. In the event any Owner disagrees with the
proposed allocation, he may have the matter submitted to arbi-
tration under rules of the American Artitration Association.
In the event of eminent domain proceedings against the Project
or any portion thereof, institutional lenders shall be given
timely written notice thereof.
Section 8.11 Owners' Compliance. Each Owner,
tenant or occupan o a con�ominium s�iall comply with the pro-
visions of this Declaration, bylaws, decisions and resolutions
of the Association or its duly authorized representaiive, as
lawfully amended from time to time, and failure to comply with
any such provisions, decisions or resolutions shall be grounds
for an action to recover sums due for damages or for injunctive
relief.
Al1 agreements and determinations lawfully made by
the Association in accordance with the voting percentages es-
tablished in this Declaration or in the Bylaws, shall be deemed
to be binding on all Owners of condominiums, their successors
and assigns.
Section 8.12 Notices. Any notice permitted or required
by this Declaration or the �ylaws may be delivered either personally
or by mail. If delivery is by mail, it shall be deemed to have
been delivered forty-eight (48) hours after a copy of the same has
been deposited in the United States blail, postage prepaid, addressed
to each person at the current address given by such person to the
Secretary of the Board or addressed to the L`nit of such person if
no such address has been given to the Secretary.
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