A. There shall be required covenants, conditions and restrictions (CC&Rs), and the formation of an association or corporation for the purpose of managing and maintaining the project.

B. The CC&Rs shall state that the City has the right to abate public nuisance conditions in the common area if the association or corporation fails to do so, and to assess the cost to the association, corporation or individual unit owners. In order to accomplish this, the CC&Rs shall contain the following typical statements: In the event the Board fails to maintain the exterior portions of the common area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use or property value of the project, thereby impairing the health, safety, and welfare of the residents in the project, the City of Belvedere, by and through its duly authorized officers and employees, shall have the right to enter upon the real property described in Exhibit “A” and to commence and complete such work as is necessary to maintain said exterior portions of the common area. The City shall enter and repair only if, after giving the Board written notice of the Board’s failure to maintain the premises, the Board does not commence correction of such conditions within thirty (30) days from delivery of the notice and proceed diligently to completion. The Board agrees to pay all expenses incurred by the City of Belvedere within thirty (30) days of written demand. Upon failure by the Board to pay within said thirty (30) days, the City of Belvedere shall have the right to impose a lien for the proportionate share of such costs against such condominium or community apartment in the project.

It is understood that by the provisions hereof, the City of Belvedere is not required to take any affirmative action, and any action undertaken by the City of Belvedere shall be that which, in its sole discretion, it deems reasonable to protect the public health, safety, and general welfare.

It is understood that action or inaction by the City of Belvedere, under the provisions hereof, shall not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations, and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action.

It is further understood that the remedies available to the City by the provisions of this Section or by reason of any other provisions of law shall be cumulative and not exclusive, and the maintenance of any particular remedy shall not be a bar to the maintenance of any other remedy. In this connection it is understood and agreed that the failure by the Board to maintain the exterior portion of the common area shall be deemed to be a public nuisance, and the City of Belvedere shall have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by pertinent provisions of this Code or any other applicable law.

The City Council of the City of Belvedere may, at any time, relinquish its rights and interest in the project as herein set forth by appropriate resolution. Any such relinquishment by the City Council shall be effective on the date that the resolution is adopted and a copy thereof is placed in the United States mail, postage prepaid, addressed to the Board. The Board shall execute and record a declaration reflecting such relinquishment within ten (10) days of receipt of a copy of the resolution.

C. The above five paragraphs cannot be amended or terminated without the consent of the Belvedere City Council. (Ord. 89-1 § 1, 1989.)