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8F Consent 2011 0502
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8F Consent 2011 0502
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Last modified
5/4/2011 4:34:43 PM
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4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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PERM
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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for a Condominium of the period for which the lease will be effective and of the names of <br /> each tenant of such Owner's unit. Each Owner or tenant shall also notify the secretary of <br /> the Association of the names of all persons to whom such Owner or tenant has delegated <br /> • any rights of use and enjoyment and the relationship that each such person bears to the <br /> Owner or tenant. Any delegated rights of use and enjoyment are subject to suspension to <br /> the same extent as are the rights of Owners. No such delegation shall relieve an Owner <br /> from liability to the Association or to other Owners for payment of assessments or <br /> performance of the covenants, conditions, and restrictions contained in this Declaration. <br /> 4.26 Single Family Use. No Unit shall be occupied by more than a Single Family <br /> as defined herein. <br /> 4.27 Indemnification. Each Owner shall be liable-to remaining Owners for any <br /> damage to the Common Areas or to Association -owed property resulting from any <br /> intentional act or negligence of that Owner, thafOwner's familyyservants, guests, <br /> tenants, or invitees, but only to the extent that such damage is not.c\ vered by casualty <br /> insurance in favor of the Association. Each Owner, by accepting a Condominium deed, <br /> agrees to indemnify each and every other Own "Indemnitees "). and'to hold each <br /> Indemnitee harmless from. and to defend him or a an�j' <br /> ny claim ofperson for <br /> personal injury or properly damt+ge oc\rring within the of the indemnifying Owner. <br /> including Exclusive Use Common Ar eas; e to the extent that (1) such injury or <br /> damage is compensated by Iiabilit favor of the.Association or the <br /> Indemnitee, or (ii) the injury or damage reaso 'of_ the willful or negligent act <br /> or omission of the As iation or the fndemnite� \ ) <br /> 4.28 Enforcement d\ medie . Th�objective oPthis Declaration shall be to <br /> promote and seek `voluntary compliance by O wners with the environmental standards and <br /> property use restrictions contained'her rather than the use of the sanctions in Section <br /> 7.6. Accord <br /> ingly; in the e n event that the,Associatiombecomes aware of an architectural or <br /> / r-- ,' \ c xi <br /> property'use infraction that does not necessitate immediate corrective action under <br /> Section 7.6 hereof, the Owner responsible for violation shall receive written notice <br /> thereot�and shall be given a4easonable opportunity to comply voluntarily with the <br /> pertinent'provision(s) of this Declaration. Such notice shall describe the non - complying <br /> condition, request that the Owner correct the condition within a reasonable time specified <br /> in the notice, and "advise the)Owner of his or her appeal rights. The failure of any Owner <br /> to comply with any provision of this Article 4, or with an order or decision of the <br /> Association. shall result -in creation of a cause of action of the Association. and of any <br /> aggrieved Owner for the_recovery of damages or for injunctive relief or both. <br /> 4.29 Policy Statement: The foregoing rules shall be implemented to, among <br /> other things, ensure the following policy and requirement <br /> (a) Conditions of approval shall be. and hereby are, recorded against each created <br /> parcel to include a provision in which the homeowners and or residents of the property <br /> shall not park or store boats, trailer, camper tops, inoperable vehicles or the like outside <br /> the buildings. within the project. In addition, the recorded conditions shall and hereby <br />
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