The Architectural Committee does not seek to restrict individual creativity or personal preference, but rather to help assure continuity in design, which will help preserve and improve the appearance of the Project and enhance the property values of all Owners in the Project.

The Architectural Committee shall consist of three (3) members plus one (1) alternate. The members of the Architectural Committee shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in the performance of their duties hereunder, unless the Association retains a professional architect, engineer or designer as a member of the Architectural Committee for the purpose of providing professional services, in which event reasonable compensation for such member may be approved by the Board. Upon prior notification of the unit owner, the Architectural Committee shall have the right to hire any engineer or other consultant, the opinion of which the Architectural Committee deems necessary in connection with its review of any plans submitted by any Owner and such Owner shall be liable for payment of such engineer's and/or consultant's fee.

Neither the Board, Architectural Committee nor any member thereof shall be liable to the Association or to any Owner for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, and specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; (c) the Project of any property within the Project; or (d) the execution and filing of an estoppel certificate pursuant to Section 9.16 of the CC&Rs, whether or not the facts therein are correctly provided, however, that such Architectural Committee member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of the foregoing, the Architectural Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee.

Building plans cannot be removed from the building management office but may be reviewed. Copies may be available from the Association. You need to contact the management office. All Architectural forms are available from your Facility Director and/or Property Manager.

Submission Procedure and Requirements

Failure to Comply With Required Procedures

Failure to comply with the requirement and procedures set forth herein shall cause your request to be delayed pending submission of other information and documentation to the Architectural Committee. An incomplete Application will not be reviewed and will be subject to resubmission.

Scope of Review

The Architectural Committee shall review, approve, conditionally approve, or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of the considerations set forth in the CC&Rs. The Architectural Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.

Final Approval by Architectural Committee

Decisions of the Architectural Committee and the reasons therefore shall be transmitted by the Architectural Committee to the Applicant at the address set forth in the application for approval, within thirty (30) days after receipt by the Architectural Committee of all forms and/or materials required by the Architectural Committee.

Appeal

If the Architectural Committee conditionally approves or disapproves any Plans and Specifications submitted by an Owner pursuant to this Article, the party or parties making such submission may appeal in writing to the Board. The Board must receive the written request not more than thirty (30) days following the final decision of the Architectural Committee. Within forty-five (45) days following receipt of the written request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within the forty-five (45) day period shall be deemed a decision against the applicant. The decision of the Board shall be binding and final.

Enforcement

Failure to obtain the necessary approval from the Architectural Committee, or failure to complete the improvements in conformity with the plans and specifications approved by the Architectural Committee, may constitute a violation of the Governing Documents and may require modifications or removal of any work of improvement at the owner's expense.

Diligence in Construction

Upon final approval of any Plans and Specifications, the Owners shall promptly commence construction and diligently pursue the same to completion.

Inspection of Work

The Architectural Committee or its duly authorized representative may enter into any Unit, from time to time, during the course of construction or installation of any Improvements for inspecting such construction and/or installation. If the Architectural Committee determines that such construction and/or installation is not being done in substantial compliance with the approved Plans and Specifications, it shall notify the owner of the subject Unit of such non-compliance. The Architectural Committee may not enter into a Unit without obtaining the prior permission of the Owner or occupant of such Unit; provided, however, that such permission shall not be unreasonably withheld and shall be given for entry by the Architectural Committee during the daylight hours within forty-eight (48) hours of the request for entry.

Notice of Completion

Within thirty (30) days thereafter the Architectural Committee, or its duly authorized representative, shall have the right to enter into Unit to inspect such Improvement to determine whether it was constructed, reconstructed, altered or refinished to substantial compliance with the approved Plans and Specifications. If the Architectural Committee finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved Plans and Specifications, it shall notify the Owner in writing of such non-compliance within such thirty (30) day period, specifying particulars of non-compliance, and shall require the Owner to remedy such non­compliance.

If, upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such non-compliance, the Architectural Committee shall notify the Board in Writing of such failure. After affording such Owner Notice and Hearing, the Board shall determine whether there is a non-compliance, and if so, the nature thereof and the estimated cost of correcting or removing the same. If non­compliance exists, the Board shall require the Owner to remedy or remove the same within a period of thirty (30) days from the date of the Board ruling. If the Owner does not comply with the Board ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Board, at its option, may either remove the non-complying Improvement or remedy the non-compliance and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. If the Owner does not promptly repay such expenses to the Association, the Board shall levy an Enforcement Assessment against such Owner for reimbursement.

If for any reason the Architectural Committee fails to notify the Owner of any non­compliance within sixty (60) days after receipt of said notice of completion from the Owner, the Improvement shall be deemed to be in accordance with said approved Plans and Specifications.

Estoppel Certificate

Within thirty (30) days after written demand is delivered to the Architectural Committee by an Owner, and upon payment to the Association of a reasonable fee (as fixed from time to time by the Association), the Architectural Committee shall record an estoppel certificate, executed by any two (2) of its members, certifying (with respect to any Unit of said Owner) that as of the date thereof, either: (a) all Improvements made and other work completed by said Owner comply with this Declaration, or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the non­complying improvements or work and set forth with particularity the basis of such non­compliance. Any purchaser from the Owner, or from anyone deriving any interest in said Unit through him, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Association and all Owners and such persons deriving any interest through them.

Variance

The Architectural Committee may authorize variances from compliance with any of the architectural provisions of this Declaration. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Committee. If such variances are granted, no violation of the covenants, conditions and restrictions contained in the CC&Rs shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Unit and the particular provision hereof covered by the variance, nor shall it affect in anyway the Owner's obligation to comply with all governmental laws and regulations affecting its use of the Unit, including, but not limited to, zoning ordinances or other requirements imposed by the City or any other governmental authority.

Combining Units I Structural Alterations

The Association shall have the right to grant to an Owner who acquires fee title to two (2) or more adjacent Residential Units, an Exclusive Use Easement on and through any demising wall(s) or floors separating two (2) or more Residential Units and the right to alter, modify or remove such demising walls or floors subject to conformance with the requirements of the Architectural Committee, pursuant to the provisions of the Section of Article 9 entitled "Scope of Architectural Review".

Fire Monitoring System I Sprinkler System

If the unit's fire monitoring system is disconnected for any reason (shut-off of sprinkler system is included) you must post a 24-hour/day-fire watch. This must be a security employee of the building, and you must pay expenses (including overtime) when using the employee. Contact building management for current rates.

Inside and Outside Installations

1. No balcony, patio or deck covers, wiring, or installation of air conditioning, water softeners, or other machines shall be installed on the exterior of the Condominiums or within any other portion of the Condominium or be allowed to protrude through the walls or roofs of the buildings (with the exception of those items installed during the original construction of the Project), unless the prior written approvals have been obtained.

2. All authorized improvements installed or constructed by an Owner within the Project must be completed in accordance with applicable laws, including, but not limited to, the laws, building codes, regulations and ordinances of the City.

3. Except as permitted in the CC&Rs, no structural alterations to the interior of, or Common Area surrounding any Unit, shall be made and no plumbing, electrical or other work which would result in the penetration of the unfinished surfaces of the ceilings, walls or floors shall be performed by any Owner without the prior written consent of the Architectural Committee.

Interior Decorating

Use of Exclusive Use Areas

1. Improvements including, without limitation, plants, fountains and other landscaping features within the Exclusive Use Patio Area, Exclusive Use Balcony Area and/or Exclusive Use Deck Areas shall be subject to the Project Handbook and the Architectural Guidelines and any Improvements within such areas shall require the approval of the Architectural Committee.

2. Unless installed by Declarant, no vegetation shall be permitted to extend beyond the railings, fences, walls and/or other boundaries of the Exclusive Use Balcony Area, Exclusive Use Patio Area or Exclusive Use Deck Area, except as approved by the Architectural Committee. No object of any kind shall be attached to the patio or balcony railings.

3. No Owner shall change or alter the surface of any Exclusive Use Patio Area, Exclusive Use Deck Area or Exclusive Use Balcony Area without the consent of the Architectural Committee.

4. No common or chase walls may be penetrated or breached.

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Window Coverings

Floor Coverings

Signage - Residential

No signs or other advertising device whatsoever, including without limitation, commercial, political and similar signs, shall be erected or maintained within the Project except:

1. Such signs as may be required by legal proceedings

2. Residential identification signs, subject to the approval of the Architectural Committee as to suitability

Exterior Lighting

Any exterior electrical, gas or other artificial lighting installed on any Unit shall be positioned, screened, or otherwise directed or situated and or such controlled focus and intensity so as not to unreasonably disturb the residents of any other Unit(s). The Board or Architectural Committee may promulgate further rules regarding exterior lighting.

Drainage

1. There shall be no interference with the established drainage pattern over the Property, unless an adequate alternative provision is made for proper drainage with the prior written approval of the Architectural Committee. For the purpose hereof, "established" drainage in any Phase is defined as the drainage that exists at the time of the first close of escrow for the sale of a Condominium in such Phase, or that, which is shown on any plans approved by the Architectural Committee.

2. Except for the periodic cleaning of the drains by the Association each Owner shall have the duty and obligation to maintain the drainage situated within any Exclusive Use Patio Area, Exclusive Use Balcony Area and/or Exclusive Use Deck Area free of debris and any other material which may impede the flow of water. If such Owner fails to maintain such drainage and, as a result, imminent danger to person or property may result to the other Owners, then the Association shall have the right of access onto such area for the purpose of clearing debris and other material so as to not impede the flow of water.

Vibrations

No Owner shall attach to the walls or ceilings of any Residential Unit any fixtures or equipment which will cause vibrations or noise or unreasonable annoyance to the Owners of the other Residential Units or to the Common Area.

Hot Tubs

Hot tubs are prohibited.

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Balconies and Window Ledges

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Damage or Destruction to a Residential Unit

Contractor I Subcontractor Guidelines

1. Any damage caused by Contractor/Sub-contractors to common areas or adjacent units by the improvement is the resident's responsibility. Any damage must be reported immediately to the Association office along with a schedule of repairs. If the damage is not repaired in a timely manner the Association will make the repairs and charge the owner. The owner will be held liable for the actions of his/her contractors and/or workmen.

2. All floor areas are to be protected with carpet runners or similar protection from the elevator to the unit. The protective coverings must be removed and the floor cleaned by 5:00 PM each day. If this is not done, the owner is subject to a $100.00 fine per violation, plus the cost of cleaning.

3. Contractors must carry all trash and debris off-site on a daily basis. The trash rooms on each floor may not be used for disposing of debris. There will be a $100.00 fine per violation. There is a possibility that you can make arrangements for an extra trash bin. Please contact the Concierge desk for further details.

4. Working hours are limited to Monday through Friday, 8:00 AM to 5:00 PM. There will be a $100.00 fine if work continues past 5:00 p.m. No work is allowed on Saturday or Sunday or on the following holidays: Christmas Day, New Year's Day, Labor Day, Memorial Day, Thanksgiving, 4^th of July, Passover, Rosh Hashanah, Yom Kippur, Easter or Chanukah.