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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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_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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17.2 Amendment After Close of First Sale. After the close of the first sale <br /> of a Condominium to a purchaser other than Declarant, this Declaration may be amended <br /> or revoked in any respect by the vote or written consent of the holders of not less than <br /> seventy -five percent (75 %) of all the votes entitled to be cast by each class of Owners, or <br /> if a single class of Owners is then in effect, by the vote or written consent of not less than <br /> (i) seventy -five percent (75 %) of all the votes entitled to be cast by all Owners including <br /> Declarant . Any amendment or revocation subsequent to the close of the first sale shall be <br /> evidenced by an instrument certified by the secretary or other duly authorized officer of <br /> the Association and shall make appropriate reference to this Declaration and its <br /> amendments and shall be acknowledged and recorded i \\ tcial Records of the <br /> County Recorder of Alameda County, California. <br /> 17.3 Reliance on Amendments. Any/amendments made in accordance <br /> with the terms of this Declaration shall be presumed valid by \\.\ anyone relying on them in <br /> good faith. / > <br /> ARTICLE 18 TERMINATIOON OF DECLARATION <br /> 18.1 Termination : The Terms, covenants, conditions and restrictions set forth in <br /> this Declaration shall continue itVull force and effect until this Declaration is revoked <br /> pursuant to Article 17. <br /> ART LCi E•19 MISCELLANEOUS PROVISIONS <br /> .\ \`!/ �J <br /> 19.1 Future•Construction.)Nothing in this Declaration shall limit the right of <br /> Declarant to comp) te.construction.of improvements to the Common Areas and to the <br /> Condom ums \n accordance with- the m Plan. <br /> <19 2 Assignment of Declarant's Rights. /The rights of Declarant in this <br /> Declaration may be assigned by ''Declarant to any successor to all or any part of any of <br /> Declarant''s.interests in the Project by an express assignment incorporated in a recorded <br /> deed or to a Mortgagee acquiring DeClaiant's interest in the Project by foreclosure or by <br /> deed -in -lieu of, foreclosure.} <br /> 19.3 ns/The captions used in this Declaration are for convenience <br /> only and in no way define, imit, or describe the scope of this Declaration or the intent of <br /> any provision thereof. <br /> 19.4 Severability. The provisions of this Declaration shall be deemed <br /> independent and severable, and the invalidity or partial invalidity or unenforceability of <br /> any provision or provisions shall not invalidate any of the other provisions or part <br /> thereof. <br /> 19.5 Cumulative Remedies: Waiver. Each remedy provided for in this <br /> Declaration shall be cumulative and not exclusive. Failure to exercise any remedy <br />
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