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�R���¢D,q�Tq��AMB 1985 OCT —3 AH & 00
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Jt=f�ICil',L k�i:,{:Giii�S �„
MAf�iN COUNjY CALIFORNIA ;;,:,,�i;;-,«r�;J i�
WHEN RECORDED, RETURN TO: U��'��'������f'� DcVEL���f
n �
WILLIAM J. ZIEGLER, JR. O
DOOLEY, ANDERSON, BERG, PARDINI, —
JOHNSON & ZIEGLER C/ " —
600 Montgomery Street, 32nd Floor -
San Francisco, California 94111 �
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
POINT TIHURON BAYSIDE CONDOMINIUMS
THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS,
. CONDITIONS AND RESTRICTIONS OF POINT TIBURON BAYSIDE
CONDOMINIUMS is made this 25th day of September, 1985, by �
THE INNISFREE COMPANIES, a California corporation, hereinafter
called "Declarant, " and by the Board of Directors of POINT
TIBURON BAYSIDE CONDOMINIUM ASSOCIATION, a California
corporation.
�' WHEREAS, Declarant is the owner of all that certain
real property located in the Town of Tiburon, County of Marin,
State of California, described as follows: .
All that certain real property shown as
�, Lot 3 on that certain Condominium
Subdivision Map (hereinafter called the
"Map") entitled "POINT TIBURON, a `
Subdivision for Condominium Purpases, "
filed in the Office of the Recorder of the
County •o� Marin, State of �alifornia, or�
the 16th day of February, 1984 , in
Volume 19 of Maps, page 4 , and following;
and
WHEREAS, Declarant has caused to be recorded that
certain Declaration of Covenants, Conditions and Restrictions
of Point Tiburon Bayside Condominiums in the Office of the
Recorder of the County of Marin, on the 5th day of June, 1985,
as Recorder' s Serial No. 85-23363, Marin County Records,
(hereinafter the "Declaration") ; and
I �� � � ,,
WHEREAS, Declarant and the members of the Board of
Directors of Point Tiburon Bayside Condominium� Association are
desirous of amending said Declaration;
NOW, THEREFORE, the provisions of said Declaration
are declared amended as follows:
1. In Article V, Section 5.01, the last sentence thereof
commencing with the words "Assessments for . . ." is deleted in
its entirety and replaced by the following two sentences:
Assessments for the Association's interest
and responsibilities in the Lagoon shall be
sufficient to insure, together with others
having an interest and/or responsibility
therein, that it shall remain attractive,
in good repair, fully maintained and a
properly functioning aspect of the Project.
The foregoing sentence may not be amended
without the prior written consent of� the
Towa� of Tibuxonm `
2. In Article V, Section 5.03 (b) is deleted in its
entirety ��d replaced by the following paragraph:
(b) Lagoon Assessments : In the event the
Town of Tiburon (hereinafter "Town")
reasonably finds that it has experienced
greater or more frequent flooding as a
result of the Lagoon's effect on the water
� table or on subsurface drainage, or that _
the Association, together with the other
joint owners or parties having
responsibility therefor, have not
maintained the water qua�tity of �he Lagoon,
or have failed to maintain the Lagoon in an
attractive manner and/or to keep it fully
repaired and in a properly functioning
condition, the Town may by duly adopted
resolution, in addition to any other legal
remedies it may have, from time to time,
without obtaining a majority affirmative
vote of the Members of the Association or
consent by the Board, levy an assessment in
an amount sufficient to remedy and correct
any such problem and each Condominium shall
be assessed for an equal share of any such
2
assessment, subject to the Town' s levying
equal assessments on the other co�owners
and/or persons having responsibility for
maintenance, repair or restoration of the
Lagoon. In the event of any such
assessment, the Town shall, by and through
its duly authorized officers and agents,
have the right to enter upon the Lagoon for
the purpose of commencing and completing
such work as is necessary to remedy and
correct the problems for which the
assessment was levied. The Town shall
enter, remedy and repair only if, after
giving the Association written notice, the
Association does not commence and
diligently proceed toward correction of
such conditions within thirty (30) days
after the delivery of demand that it do so
and notice of the Town's intent to enter if
it fails to comply. Any action or
proceeding to attack, review, set asi�e,
void or annul such resolu�ion of �he Town
with regard to such special assessment or
to determine the reasonablenes.s of any
�;� �indings in support thereof, or the
legality or validity thereof, shall not be
maintained by any person unless such action
or proceeding is commenced within ninety
(90) days (i) after the effective date of
the adoption of such resolution and (ii)
- �� after notice of such adoption has been
given to the Association. The provisions "
of this Section 5.03 (b) may not be amended
without the prior written consent of the
T�wne .
3. �n P,rticle V, Section 5.05, the la�t �entenc� thereof
is amended to read as follows:
Any late charge shall constitute full
compensation for any additional
bookkeeping, billing or other
administrative costs that may be incurred
by the Association or the Town of Tiburon
as a result of late payment of an
assessment.
3
.. .,,�.�.,�.,..,,,.�_.,�....., _. . . . . .
4. In Article V, Section 5.06, there is added the
following: f
The Town shall fix the method of payment of
all assessments levied by it for Lagoon
maintenance and is empowered to permit
either lump sum or monthly payments . All
such payments shall be payable in
accordance with the written notice by the
Town which shall accompany the notice by
the Town to the Condominium Owner of the
assessment which the Town has levied.
5. In Article VI, Section 6.01 , the words "or Town"
shall be deemed to follow the word "Association" wherever it
appears in such section.
6. In Article VIII, Section 8.04, the first sentence
thereof is amended to read as follows:
The Association shall have the obligation
to operate, maintain, repair and restore
the Common Area and to keep the same in
'��good repair and in neat, clean and ord�rly '
condition, including, but not limited to,
the roads, access and parking areas and any
other facilities owned and/or operated by
the Association, including, but not limited
to, the Lagoon and the trees and the lawn
�� area abutting the north side of Paradise
Drive; provided, however, that ordinary „
maintenance, cleaning and minor repair of
any decks and storage spaces or other
im.provemea�t� c�rh?��a are allr�cated to
individual Owners shall be the
re�pon�ibi.3.ity of such �ndividual Owne�.
7. In Article VIII, Section 8. 06, the words "County of
Marin" in the first sentence are changed to "Town of Tiburon. "
8. In Article X, Section 10. 02, the first sentence
commencing with the words "A certificate of the Secretary of
the Association or, in his absence of any two Members of the
Association . . . " is changed to read: "A certificate of the
Secretary of the Association or, in his absence, of any other
officer or of any two Members of the Board of Directors of the
Association. . . . "
4
9. In Article X, Section 10.08, there is added the
following sentence: �
Notwithstanding the foregoing provisions of
this section, Sections 5.01 and 5.03 (b)
shall not be amended without the prior
written consent of the Town of Tiburon.
IN WITNESS WHEREOF, this instrument is executed as of
the day and year first above written.
DECLARANT BOARD OF DIRECTORS
THE INNISFREE COMPANIES, POINT TIBURON BAYSIDE
a California corporation CONDOMINIUM ASSOCIATION, a
Nonprofit California Corporation
By By
I s t� ' E �« � K R
�y " y .
ts . 0 K 0 P
,,� - By .
MIC AEL E. MASTERS N
B •
Y
CARYN . BO (K
��� .
. �,• By
, IAM J E ER, JR. ,
[ATTACH ACKNOWLEDGMENTSJ
�i
• . , , , ,
ACKNO��ILEDGMENTS
t
STATE OF CALIFORNIA )
) ss.
CITY AND COUNTY OF MAR►N )
On this ��}Th day of S�PTEMaEl: , 1985, before
me, F � �„��- , personally
appeared (1�tc.NAF �. .f`(� �r .
personally known to me (or proved to me on that basis of
satisfactory evidence) to be the person who executed the �within
instrument as �YQ,�. \f►� Q�,E � or on behalf of the corporation
therein named and acknowledged that the corporation executed
it.
WITNESS my hand and official seal.
�,,,,.. OFFICtAL SEAL
PAM EUBANKS R�"YJ
m euoT,mav Pue�ic m cauFoaNOA IVOTARY PUBLIC
` ' M�ein courrTr
Rtr comm. expires ��tAR 2�, 1989
STATE OF �=�LIFORNIA )
) ss.
CITY AND COUNTY OF M ARiN I
On this ���H day of SE('�TEN��ER ► 1985, before
me, PAN! �US3A1�1K� , personally
a� appeared ��(��p . �2�1E(L2 a
personally known to me (or proved to me on that basis of
satisfactory evidence) to be the person who executed the within
instrument as �2� �_Q�ti`1- or on behalf of the corporation
therein named and acknowledged that the corporation executed
it. �
WITNESS my hand and official seal.
��,.. , OFFICIAL SEAI. � �', /
PAM EUBANKS / C��m �-'-�-/'2����
m � NOTARY PUBLIC�CAIIFORNIA NOTARY PUBLIC
. �
� ;A,:a MAF!N COUNTY �
My eomm, expires htAR 24, 1989
h
. � • � 6
STATE OF CALIFORNIA )
) ss.
CITY AND COUNTY OF �j}Q��; )
�
On this �� day of SE��I3EQ , 1985, before
me, I�t Eug�n�s , personally
appeared HANK HAKER, personally known to me or proved to me on
that basis of satisfactory evidence) to be the person whose
name is subscribed to this instrument and acknowledged that he
executed it.
WITNESS my hand and official seal.
, QFFICIAL SEAL ,Q� � �� �" �� "��
� PAM EUBANKS C11I'rI (..GLC�CL7C�-Gl�
� m �; NOtAfiY PUBLtC-CALIFORNIA NOTARY PUBLIC
fdARIN COUtITY
�T My oomm. expires MAR 24, 1989
STATE OF CALIFORNIA )
) ss.
CITY AND COUNTY OF M ARI PS ) "
On thi� �c�.� day of ��p;�µ .� , ' 1985, before
me, � 1JKS , personally
appeared JON KNORPP, personally known to me or proved to me on
that basi� of satisfactory evidence) to be the person whose
name is s'ubscribed to this instrument and acknowledged that he �
executed it.
� WITNESS my hand and official seal.
_ �. OFFICIAL SEAL
PAM EUBANKS �Q��')'J �,(,/�Q,��
NOTARY PUBUC•CAUFORNIA NOTARY PUBLIC
' 6tARIN COUNTY
�K �• My eomm. expires HAR 2�, 1989
s^TATE 0�' CALIF�2�NrA j
) ss.
CITY AND COUNTY OF {v)�R�� )
On this �i. 't�'+ day of �EP'�'E1.�(3FR , 1985, before
me, PAt�.� �uRan�K� , personally
appeared MICHAEL E. MASTERSON, personally known to me (or
proved to me on that basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument and
acknowledged that he e:cecuted it.
WITNESS my hand and official seal.
'� UFrT�'iAL SEAL , % � ` � ���
' PAM EUBANKS ���..�'Y'. �CI�;CL'Y:..rC.:U
m NOTARY PUBIiC-CALIFORNIA NOTARY PUBLIC
MARIN COUNTY
A4y eomm. exPir,es MAR 24, 19�9
�
STATE OF CALIFORNIA )
) ss.
CITY AND COUNTY OF MAR►h1 �
� A
On this • � day of SEPT�"},,rg�'. ► 1985, before
me, � E�)¢�}n;�$ , personally
appeared CARYN E. BOIDO (KALI) , personally known to me (or
proved to me on that basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument and
acknowledged that she executed it.
WITNESS my hand and official seal.
� �FFICiAI.. SF n L
PAM EUBA.""'S ��yy►.�JJ_�;C��
m NOTARY PU9UC•CAUFORNIA NOTARY PUBLIC
. • MARIN COUNTY
- M�r comm. exp(ros MAR 24, 1989 .
STATE OF CALIFORNIA )
) ss.
CITY AND COUNTY OF S •r• )
On this �ei day of ��rQ�/j�L , `1985, before
me, �/. f�q7iQlGl,Q�ll.iLf'Q'� , personally
appeared WILLIAM J. ZIEGLER, JR. , personally known to me (or
proved tp� ,me on that basis of satisfactory evidence) to be the
person whose name is subscri.bed to this instrument and
acknowledged that he executed it.
WITNESS my hand and official seal.
�- CiC�'
OFFiCIAL SEAL NOTARY PUBLIC
`�� V PATRICIA DELGADO
c NOTARY PUBIIC-CALIFORNIA
� � SAN fRANCISCO COUNTY
fifiy comm. expiras FES 5, 1988
�