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RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO:Reuben, Junius & Rose, LLPOne Bush Street, Suite 600San Francisco, California 94104Attn: Jay F. Drake, Esq.f'. ., , (! N - s;' I J. D :::. 2. I '3,CERTIFIED TO BE A TRUE COPYOF DOCUMENT RECORDED 10 · \ "1- I'SSERIES NO. 2.-c IS r \L. , "\::?. 4 i., .:lOFFICIAL RECORDS OF Sf);,.:, rnJ\-,c.,.)c COUNTYChicago Title Co.BY:: ,(,, ,,. 7 .:- :,:::: 5 : ---SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLYAssessor's Block 3507,Lots 001 through 190, inclusiveFormerly Lot 820Formerly Lot 42DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIPOF1400 MISSION STREET,A CONDOMINIUM PROJECTTHE TITLE 7 MASTER DECLARATION REFERRED TO IN TIDS DECLARATIONCONTAINS PROVISIONS FOR JUDICIAL REFERENCE AND BINDING ARBITRATION INACCORDANCE WITH THE FEDERAL ARBITRATION ACT. JUDICIAL REFERENCE ANDARBITRATION INCLUDE A WAIVER OF THE CONSTITUTIONAL RIGHT TO A JURY,YOU MUST READ THE ARBITRATION AND JUDICIAL REFERENCE PROVISIONS IN THETITLE 7 MASTER DECLARATION CAREFULLY AND SHOULD CONSULT LEGALCOUNSEL WITH ANY QUESTIONS.IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR,RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUALORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONALORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDMSION (P) OF SECTION 12955 OFTHE GOVERNMENT CODE, OR ANCESTRY, THAT RESTRICTION VIOLATES STATEAND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVEDPURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFULRESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS INSENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED ASRESTRICTIONS BASED ON FAMILIAL STATUS.
TABLE OF CONTENTSOFDECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIPOF1400 MISSION STREET,A CONDOMINIUM PROJECTArticle 1Definitions . 2Section 1.1Article 2Description of Development, Division of Property, and Creation of Property Rights . 9Section 2.1Section 2.2Section 2.3Section 2.4Section 2.5Section 2.6Section2.7Section 2.8Section 2.9Section 2.10Section 2.11Section 2.12Section 2.13Section 2.14Section 2.15Section 2.16Section 2.17Article 3Description of Development . 9Division of the Development Areas . 9Rights of Entry and Use . 11Partition Prohibited . 12Subdivision Prohibited . 12Delegation ofUse . 12Reservation of Access and Construction Easements . 12Construction Activity . 13Noise Transmissions . 13Mixed-Use Project . 13Parking in Project . 14Bicycle Parking and Storage Area . 14Notice of Special Restrictions . 14Parking by General Public in Garage; Access to Development. . 14View Impairment . 14Second Level of Courtyard Door; Level 11 Terrace; Alarm System . 14Roof Area Door; Alarm System . 15The Association . 15Section 3.1Section 3.2Section 3.3Section 3.4Section 3 .5Section 3.6Section 3.7Section 3.8Section 3.9Section 3.10Article 4Definitions . 2Incorporation . 15Action Through Designated Officers . 15Association to Manage the Common Area . 15Membership . 15Transferred Membership . 16Membership Classes and Voting Rights . 16General Duties and Powers . 18Association Rules . 22Penalties; Fines; Disciplinary Action . 23Authority Over Common Area . 23Assessments . 24Section 4.1Section 4.2Section 4.3Creation of the Lien and Personal Obligation for Assessments . 24Purpose of Assessments . 24Annual Assessments . 24(i)6250.24/MMD-CC&RS 1400 Mission with Exhibits (FINAL)
Section 4.4Section 4.5Section 4.6Section 4.7Section 4.8Section 4.9Section 4.10Section 4 .11Section 4 .12Section 4.13Section 4.14Section 4.15Section 4 .16Section 4 .1 7Section 4.18Section 4.19Section 4 .20Section 4.21Section 4.22Article 5Maintenance, Repair and Improvement . 34Section 5.1Section 5.2Section 5.3Section 5.4Article 6Association's Rights and Obligations to Inspect, Maintain and Repairthe Development . 34Owner's Right and Obligation to Inspect, Maintain andRepair . 35Maintenance of Landscaping; Use ofUtilities . :. 37Access at Reasonable Hours . 37Utilities and Easements . 37Section 6.1Section 6.2Section 6.3Section 6.4Section 6.5Section 6.6Section 6.7Section 6.8Section 6.9Section 6.10Section 6.11Section 6.12Article 7Special Assessments . 25Individual Special Assessment . 26Special Allocation Assessment . 26Notice and Quorum for Adoption of Annual or Special Assessment . 27Division of Assessments . 27Date of Commencement of Annual Assessment . 29Failure to Establish Annual Assessment . 29Annual Notice of Assessments and Foreclosure Rights . 29Certificate as to Payment . 29Delinquency of Assessment; Right to Lien . 29Transfer of Condominium by Sale or Foreclosure; Rights of FirstMortgagees . 30Procedure for Perfection of Lien of Assessment. . 30Enforcement of Lien of Assessment . 31Enforcement of Assessment by Suit . 31Suspension for Non-Payment of Assessment. . 31Unallocated Taxes . 32Review of Accounts, Revenues and Expenses . 32Expenditure of Reserve Funds . 33Reserve Studies . 33Unit Owners' Rights and Duties . 37Association's Duties . 3 8Easements for Utilities and Maintenance . 3 8Easements for Ingress, Egress and Support . 38Encroachment Easements . 3 8Right to Grant Easements and Licenses . 39Right ofEntry . 39Public Easements . 40Communications Facilities . 40Window Washing Equipment . 40Easements and Rights in Favor ofDeclarant . .40Suspension of Rights to Use Common Area Amenities . .41Use Restrictions . 41Section 7.1Section 7.2Section 7 .3 ·Section 7.4Section 7 .5Residential Use . 41Nuisance . 42Vehicle Parking and Operation Restrictions . 42Animals . 43Garbage and Refuse Disposal . .44(ii)6250.24/MMD- CC&RS 1400 Mission with Exhibits (FINAL)
Section 7.6Section 7.7Section 7.8Section 7.9Section 7.10Section 7.11Section 7.12Section 7.13Section 7.14Section 7.15Section 7.16Section 7.17Section 7.18Section 7.19Section 7 .20Section 7.21Section 7 .22Section 7 .23Section 7.24Section 7 .25Section 7.26Section 7 .27Section 7 .28Section 7.29Article 8Mortgage Protection . 55Section 8.1Section 8.2Section 8.3Section 8.4Section 8.5Section 8.6Section 8.7Section 8.8Section 8.9Section 8.10Section 8.11Section 8.12Article 9Rental Restrictions . 44Radio and Television Antennas; Satellite Dishes; External Lines, Wiring orEquipment . 45Power Equipment; Hazardous Materials . 47Liability of Owners for Damage . 47Storage . 47Declarant's Sales and Leasing Activities . ,. 47Signs . 47Spas and Hot Tubs; Whirlpool Bathtubs . 48Condensation and Ventilation . 48Water Beds; Aquariums . 48Floor Coverings . 48Conduct Affecting Insurance . 49Common Utilities . 49Roof Areas . 49Owner Responsibility for Guests, Occupants, Invitees . 50Compliance with Laws . 50Damage to Common Area and Personal Injuries . 50Noise Abatement . 50Window Coverings . 50Architectural Control . 50Legal Action . 53Use ofCommonArea . 53Moving In/Out and Contractor Rules . 54Smoking Restrictions . 54Validity of Mortgage Lien . 55Notice to Eligible Mortgagees and Eligible Insurers and Guarantors . 55Notice of Condemnation or Destruction . 55Limitation on Right of First Refusal . 55Priority as to Proceeds and Awards . 56Consent by Mortgagees to Amendments . 56Restrictions on Certain Changes . 57Consent to Terminate Legal Status of Development. . 57Existing Defaults . 57Annual Budget and Financial Statements . 57Voting Rights on Default . 58Payment of Taxes and Insurance . 58Insurance, Damage or Condemnation . 58Section 9.1Section 9.2Section 9.3Section 9.4Section 9.5Section 9.6Section 9.7Section 9.8Fire and Casualty; Property Insurance . 59Boiler and Machinery Insurance . 60Liability Insurance . 60Board Members and Officers Liability . 61Fidelity Bond or Insurance . 62Workers' Compensation Insurance . 62Earthquake Insurance . 62Insurance Required by Certain Lenders . 62(iii)6250.24/MMD- CC&RS 1400 Mission with Exhibits {FINAL)
General Policy Provisions; Notice to Owners; Board Authority to ReviseInsurance Coverage; Insurance Trustee . 62Residential Unit Owner's Liability, Property, and Automobile Insurance . 63Payment of Premiums . 65Material Damage or Destruction . 65Owners Vote Not to Rebuild . 67Damage or Destruction Not Considered Material. . 67Substantially Full Insurance Settlement . 67Emergency Repairs . 67Notice ofCasualty . 68Condemnation . 68Section 9.9Section 9 .10Section 9 .11Section 9 .12Section 9 .13Section 9.14Section 9 .15Section 9.16Section 9 .1 7Section 9 .18Article 10Dispute Resolution Provisions . 68Section 10.1Section 10.2Enforcement of CC&Rs and Dispute Resolution . 68Pre-Litigation Requirements; Claims for Declaratory Relief or Enforcementof Governing Documents . 69Required Actions Prior to Certain Legal Actions or Proceedings . 70Title 7 Master Declaration; Disputes Involving Declarant; Design orConstruction Defect Claims . 71Notice of Right to Repair Law; Title 7 . 72SubsequentPurchasers . 72Section 10.3Section 10.4Section 10.5Section 10.6Article 11General Provisions . 73Section 11.1Section 11.2Section 11.3Section 11.4Section 11.5Section 11.6Section 11. 7Section 11. 8Section 11.9Section 11.10Section 11.11Section 11.12Section 11.13Section 11.14Section 11.15Section 11.16Section 11.17Exhibit AExhibit BExhibit CSeverability . 73Term . 73Amendments . 73Limitations of Restrictions on Declarant; Development Rights; Title Rights . 74Termination of any Responsibility of Declarant . 76Enforcement of Obligation to Complete Improvements . 76Inspection of Improvements and Release of Completion Arrangements . 76Owner's Compliance . 77Joint and Severable Liability . 77Conflict. . 77Use ofWords . 77Statutory References . 77Notices . 77No Discrimination . 77Power of Attorney . 77Special Tax Assessment; Mello-Roos Community Facilities District;Community Benefit District . 78Limit of Liability ofDeclarant Parties . 78. Legal Description of Property. Percentages for Proration of Common Expenses. Minimum Maintenance Responsibilities(iv)6250.24/MMD- CC&RS 1400 Mission with Exhibits (FINAL)
DECLARATIONOFCOVENANTS, CONDITIONS AND RESTRICTIONSESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIPOF1400 MISSION STREET,A CONDOMINIUM PROJECT1bis Declaration of Covenants, Conditions and Restrictions Establishing a Plan for CondominiumOwnership of 1400 Mission Street (this "Declaration") is made on the date hereinafter set forth by theundersigned (the "Declarant") and is made with specific reference to the following facts:AReference is made to that real property set forth on the legal description attached heretoas Exhibit A and incorporated herein, located in the City and County of San Francisco, State ofCalifornia, commonly known as 1400 Mission Street (the "Property"), and also known as Parcel 1 on thatcertain subdivision map entitled Final Map 8135 (the "Map") which was recorded on September 17,2015, in Condominium Map Book 127, at Pages 197 through 200, inclusive, in the Official Records of theCity and County of San Francisco, State of California (the "Official Records").B.The Map subdivides the real property shown and described thereon into three airspaceparcels: Parcel 1 (shown as "Lot I" on the Map) (the "Residential Parcel"), Parcel 2 (shown as "Lot 2" onthe Map) (the "Commercial Parcel") and Parcel 3 (shown as "Lot 3" on the Map) (the "Garage Parcel").All three Parcels and improvements thereon together comprise the "Project," as further defined in thisDeclaration. Reference is made to the Reciprocal Easement Agreement (defined below) for further detailconcerning the Project and relationship between the three Parcels.C.Declarant is the owner of that certain residential airspace parcel designated as Lot 1 onthe Map which shall be hereinafter referred to as the "Residential Parcel." The Residential Parcel shall befurther subdivided as shown on that certain condominium plan entitled "Residential Condominium Plan, 20 I as Instrument No.for 1400 Mission", recorded in the Official Records on ( O ··· \ '2.o\S -' '-.IA. 3,;\:1.:,0 (the "Condominium Plan"). The subject of this Declaration is the ResidentialParcel shown on the Condominium Plan and further defined herein this Declaration.D.This Declaration is subject to that certain Declaration of Covenants, Conditions andRestrictions, Reciprocal Easements and Cost-Sharing Agreement for 1400 Mission Street, recorded in theiO -, ;,, 2015, as Instrument No. ?.olS · IL \ \J .l\(i;:, \ (theOfficial Records on"Reciprocal Easement Agreement"). References in this Declaration to a particular subject or subjects inthe Reciprocal Easement Agreement shall not be interpreted to mean that all provisions or a particularprovision in the Reciprocal Easement Agreement must be referred to in this Declaration in order to beeffective, as this Declaration is subject to the Reciprocal Easement Agreement.E.There is located upon the real property comprising the Residential Parcel shown on theCondominium Plan, one multi-story building, together with certain appurtenances. The Declarant intendsto establish within the Residential Parcel (Parcel 1), and within building(s) and appurtenances located onthe Residential Parcel, condominiums under the provisions of the Davis-Stirling Common InterestDevelopment Act, which provides that a condominium shall consist of an undivided interest in commonin a portion of real property coupled with a separate interest in space called a Unit.F.Declarant intends by this Declaration to impose upon the Residential Parcel beneficialrestrictions under a general plan of improvement for the benefit of all of condominiums in the ResidentialI6250.24/MMD- CC&RS 1400 Mission with Exhibits (F1NAL)
Parcel and the owners thereof. Declarant hereby establishes by this Declaration a plan for the individualownership of the real property estates, consisting of the airspace contained in each unit in the ResidentialParcel, and co-ownership interest as a tenant in common with the other individual owners, as hereafter setforth, of the remaining portions of the Residential Parcel.NOW, THEREFORE, Declarant hereby declares that the hereinabove described ResidentialParcel and condominium units located therein shall be held, conveyed, hypothecated, encumbered, leased,rented, used, occupied, sold and improved subject to the following declarations, limitations, covenants,conditions, restrictions, easements, servitudes and liens all of which are declared and agreed to be infurtherance of a plan for condominium ownership as described in the Davis-Stirling Common InterestDevelopment Act (Civil Code Section 4000 et seq.) (the "Davis-Stirling Act") for the subdivision,improvement, protection, maintenance and sale of condominiums within or upon the Development and allof which are declared and agreed to be for the purpose of enhancing and protecting the value andattractiveness of the Development and every part thereof. All of such limitations, covenants, conditions,restrictions, easements, servitudes and liens shall run with the land and shall be binding upon and inure tothe benefit of Declarant, its successors and assigns and all parties having or acquiring any right, title orinterest in or to any part of the Development. Declarant further declares that it is the Declarant's expressintent that this Declaration satisfy the requirements of the Davis-Stirling Act.ARTICLE!DEFINITIONSSection 1.1Definitions."Annual Assessment" shall mean and refer to an Assessment against all Condominiums in theDevelopment which is levied pursuant to Section 4.3."Architectural Control Committee" shall mean and refer to the committee by that nameestablished pursuant to this Declaration and Article XI of the Bylaws, as further ;lescribed in Section 7.25of this Declaration."Articles" shall mean and refer to the Articles of Incorporation of 1400 Mission Street OwnersAssociation, a California nonprofit mutual benefit corporation, as amended from time to time."Assessment" shall mean and refer to that portion of the cost of maintaining, improving,repairing, operating and managing the Development which is to be paid by each Owner as determined bythe Association in accordance with this Declaration."Association" shall mean and refer to the 1400 Mission Street Owners Association, a Californianonprofit mutual benefit corporation, and its successors and assigns."Association Rules" or "Rules" shall mean and refer to the rules and regulations governing theuse and enjoyment of the Common Area which shall be adopted by the Board from time to time."BMR Unit" shall mean and refer to a Residential Unit that is a Below Market Rate Unit, andshall have the meaning provided in the Inclusionary Housing Manual."BMR Ownership Unit" shall mean and refer to a BMR Unit that is owned, as further defined inthe Inclusionary Housing Manual.26250.24/MMD- CC&RS 1400 Mission with Exhibits (FINAL)
"Board" or "Board of Directors" shall mean and refer to the governing body of the Association."Budget" or "Association Budget" shall mean and refer to the pro forma operating budgetprepared by the Board pursuant to Article 4 of this Declaration and applicable provisions of the Bylaws."BRE" means the California Bureau of Real Estate."Bylaws" shall mean and refer to the Bylaws of the 1400 Mission Street Owners Association, asamended from time to time."City" shall mean and refer to the City and County of San Francisco, State of California."Commercial Parcel" shall mean the Commercial Parcel as shown on the Map. The CommercialParcel is Lot 2 on the Map which is referred to in this Declaration as Parcel 2. The Commercial Parcel isnot subject to this Declaration. The Commercial Parcel, and the relationship between the CommercialParcel, Garage Parcel and Residential Parce
Section 9.9 Section 9 .10 Section 9 .11 Section 9 .12 Section 9 .13 Section 9.14 Section 9 .15 Section 9.16 Section 9 .1 7 Section 9 .18 General Policy Provisions; Notice to Owners; Board Authority to Revise
