WHEREAS, PALO ALTO DEVELOPMENT CORPORATlON, a California corporation (hereinafter called "Grantor: is the owner of all that certain real property described in Exhibit B attached hereto; and

WHEREAS, Grantor has subdivided the said real property which is described in Exhibit B attached hereto (hereinafter called the "Subdivided Property") and desires to impose thereon mutually beneficial restrictions under a general plan or scheme of improvement for the benefit of all of said Subdivided Property, the structures thereon and the future owners thereof;

NOW, THEREFORE, the Grantor hereby declares that all of the Subdivided Property is held and shall be held, conveyed, encumbered leased, rented, used, occupied and improved subject to the following uniform restrictions, covenants, conditions and equitable servitudes, all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of said real property and are established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. All of the covenants, restrictions, conditions and equitable servitudes shall run with the Subdivided Property and shall be binding on all parties having or acquiring any right, title or interest in said property or any part thereof, and shall be for the benefit of each owner of any portion of said property, or any interest therein, and the mortgagees of any owner, and shall incur to the benefit of and be binding upon each successor in interest of the owners thereof.

1. Definitions.

   As used in this declaration, the following terms shall have the meaning indicated, except as may be expressly otherwise provided herein:

   1. "Subdivided Property" means the real property which is described in Exhibit B attached hereto and in any amendments to said Exhibit B made in the manner provided by Paragraph 10(b) hereof,

   2. "Lot" means a single family residential lot designated as such on any subdivision map relating to any of the real property described in Exhibit B, as amended from time to time, or a lot shown on such map that is not designated as a single family residential lot but is used for single family residential purposes, and the word "Lot" shall be deemed to include any improvements which may be constructed thereon from time to time; provided, however, that any property that is conveyed to the Club described in subparagraph (f) and used by it for recreational purposes shall not be deemed to be a Lot or Lots for the purposes of these restrictions, nor shall any property that is used as a church or public school and on which the original structure or building- was not designed for residential use be deemed to be a Lot or Lots for the purposes of these restrictions; and provided further that any Lot designated on any subdivision map relating to any of the real property described in Exhibit B, as amended from time to time, for use other than single family residential uses shall not be deemed to he a Lot or tots for the purposes of these restrictions.

   3. "Owner" means the holder of record title to a Lot; provided, however, that ; if one holding record title has entered into a contract to sell his Lot and such contract has been recorded, the purchaser thereunder shall be deemed Owner.

   4. "Mortgage" means a voluntary lien against a Lot and shall include a deed of trust,

   5. "Mortgagee" means the original lender under a mortgage and its successors and shall include the holder of a beneficial interest under a deed of trust.

   6. "Club" means Almaden Cabana Club, a California non-profit corporation, the primary purpose of which is to provide swimming facilities for the owners of residential Lots located upon the real Property described in Exhibit A.

   7. "Restrictions" means the covenants, conditions and restrictions contained herein.

2. Enforcement of Restrictions.

   Grantor or its nominee or any Owner who is not in default hereunder, shall be entitled to bring an action for damages against any defaulting Owner or Owners and/or to enjoin any violation of these restrictions, and may prosecute any other appropriate legal or equitable action that may be necessary under the existing facts.

3. Completion of Construction.

   Any building on any Lot the construction of which has been started shall be completed without unreasonable delay, except when such delay is caused by acts of God, strikes, actual inability of the Owner to procure delivery of necessary material or by interference by other persons or forces beyond the control of the Owner to prevent,

4. Use of Lots shall be occupied and used as follows:
   1. No Lot (as "Lot" is defined in paragraph l(b) above) shall be used except for single family residential purposes. No dwelling designed for occupancy by a single family shall be occupied by more than one family, nor shall any such dwelling exceed two and one-half (2-1/2) stories in height. No structure of a temporary character, trailer, tent, garage, or outbuilding shall be used on ant Lot at any time as a residence either temporarily or permanently.

   2. No residential structure shall be erected or placed on any Lot, which Lot has an area of less than eight thousand (8,000) square feet or a width of less than sixty (60) feet at the front building setback line, except that a residential building may be erected or placed on any Lot shown on a subdivision map of any of the Subdivided Property .

   3. The ground floor area of the main structure of any single family dwelling, exclusive of one-story open porches and garages, shall not be less than one thousand six hundred (1,600) square feet in the case of a one-story structure, nor less than nine hundred (900) square feet in the case of a split-level structure or a structure of more than one story.

   4. Any single family dwelling erected, constructed or placed on any Lot shall cost and be fairly worth not less than Fifteen Thousand Dollars ($15, 000.00), based upon cost levels prevailing on the date these covenants are recorded.

   5. Without the approval of the Committee referred to in paragraph 5, no fence, hedge or wall of any type shall be erected or permitted on any Lot closer than fifteen (15) feet to the front property line thereof, nor closer than eight (8) feet to the side property line of corner Lots, nor shall any sign of any kind be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent, provided, however, that Grantor or its agents or nominees may, during the construction and sales period for any of the property described in Exhibit A, erect and display larger signs and construct, maintain and operate sales offices.

   6. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line. connecting them at points twenty-five (25) feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property, line with the edge of a driveway or alley pavement. No tree shall be Permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines,

   7. No animals, fowls or birds may be kept or bred for commercial purposes on any Lot. Only conventional and customary household pets shall be permitted to be kept on any Lot and only in reasonable numbers and of such types so as not to cause an annoyance or nuisance to the neighborhood,

   8. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any portion of the Subdivided Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted thereon, No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Subdivided Property,

   9. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for storage or disposal of such material shall he kept in a clean and sanitary condition .

   10. No Owner of any Lot shall permit anything to be done or kept on a Lot which will result in cancellation of insurance on any part of the Subdivided Property or which would be in violation of any law.

   11. No noxious or offensive activity shall be conducted on or about any Lot.

   12. No building shall be erected, placed or altered on any Lot until the, construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. The Committee shall grant its approval if the proposed work is not detrimental to the Subdivided Property and is to be carried out in a manner generally consistent with the plan of development thereof. The Committee's approval or disapproval sha11 be in writing. In the event that the Committee fails to approve or disapprove within thirty (30) days after the appropriate plans and specifications have been submitted to it, or in any event, if no suit to enjoin such work has been commenced before completion thereof, approval will be deemed given and compliance with the terms of this paragraph conclusively presumed.

       No mast, pole, tower, antenna (other than a television antenna), or similar structure shall be erected, installed or maintained on or about any Lot or any portion of any improvement thereon except with the approval of the Architectural Control Committee. Any mast, tower, antenna or similar structure installed or maintained in violation of the foregoing restrictive provision shall not be deemed to comply with these restrictions by virtue of the completion thereof without commencement of suit to enjoin such work, the other provisions of this subparagraph (i) to the contrary notwithstanding.

   13. The Architectural Control Committee and its representatives shall have the right to inspect the work referred to in subparagraph (i) from time to time prior to its completion. The Committee shall have the authority to order an abatement of such work to the extent it fails to conform to the plans and specifications approved by the committee.

   14. Easements are reserved as shown on the recorded map of the Subdivided Property. Said easements may be used for the purpose of installing and maintaining sanitary and storm sewers, gas and water pipe lines and electric power and telephone lines, pole lines, utilities, rights of way, television cable facilities, drainage facilities, and other uses for public or quasi-public good. Within these easements, no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the casements, or which may interfere with the free use of the easements for the purposes intended. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

   15. No building on a Lot shall be located nearer to the front Lot line or nearer to the side street line than the minimum building setback lines shown on the recorded subdivision map. in any event, no building on a Lot shall he located nearer than twenty-five (25) feet to the front Lot line or nearer than twelve and one-half (12-1/2) feet to any side street line. No building on a Lot shall be located nearer than five (5) feet from any interior side-Lot line. For the purposes of this subparagraph, eaves, chimneys, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot,

5. Architectural Control Committee.
   

   1. There shall be an Architectural Control Committee (hereinafter called the "Committee"), which shall have the authority to perform the functions set forth in paragraphs 4(e), 4(l) and 6 of these Restrictions.

   2. Grantor or its nominee shall have the power to appoint the Committee and to change the membership thereof, and, in the event of death or resignation of any member of the Committee, to appoint successors, until the earliest of the following dates: (i) at such time as ninety percent (90%) or more of the Lots then designated on any recorded subdivision map or maps covering any part of the property described in Exhibit A are owned by persons other than Grantor (or its related successors in interest), or (ii) on December 31, 1977, or three (3) years from and after the date of the last Final Subdivision Public Report issued by the Division of Real Estate of the State of California and covering any part of the property described in Exhibit A (whichever is later) thereafter the then Owners of fifty-one percent (51%) of such Lots shall have the right by a duly recorded written instrument signed and acknowledged by such Owners to appoint the Committee and change the membership thereof, or to withdraw from the Committee or restore to it any of its powers and duties. Any amendments to this Paragraph 5 shall be effective only if accomplished in the manner provided for in paragraph 10(b) hereof. Grantor hereby appoints, as first members of the Architectural Control Committee John C. Mackay, E. S. Clifford and L. E. Newman. The acts of such Committee shall be by a majority vote, and by such vote the Committee may designate a representative to act for it,

6. Damage to or Destruction of Improvements.

   If, following damage or destruction by fire or other casualty affecting any improvement upon a Lot the Owner thereof elects to repair or reconstruct the same, such repair or reconstructions shall be subject to the provisions of subparagraphs (l) and (m) of paragraph 4 hereof.

7. Almaden Cabana Club.
   1. Each beneficial Owner (as distinguished from a security owner) of a single family residential unit on the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended), other than Grantor, shall, in accordance with and subject to the laws of the State of California governing non-profit corporations, be a proprietary member of Almaden Cabana Club, a corporation organized and incorporated pursuant to the General Non-profit Corporation Law of the State of California on January 8, 1968 ,and there shall be no other qualification for such membership,, provided that if any such single family residential unit shall be owned b. two, or more persons, only one of such persons as they may elect shall be a member.

      Each such person shall, in accordance with and subject to the laws of the State of California governing non-profit corporations, have all of the rights and privileges of a proprietary member in accordance with the by-laws of said non-profit corporation, on filing with the Secretary of said non-profit corporation proof of his qualification therefor, and on payment of any dues or assessments then payable. All dues and assessments, in the amount fixed as provided in said by-laws, shall accrue and be payable by such proprietary member from the date title to such residential unit is conveyed to him or the date on which he first occupied such unit, whichever is the earlier, and all dues and assessments, if not paid within thirty (30) days after the same become due and payable, shall, upon the recording at any time thereafter of a claim of lien by said non-profit corporation, be and become lien on the said proprietary member's residential unit, and said non-profit corporation shall then have the right to enforce the payment of said dues and assessments in accordance with the Laws of the State of California governing foreclosure and enforcement of liens. If and in the event that any proprietary member of said Almaden Cabana Club shall be the beneficial owner (as distinguished from a security owner) of more than one single family residential unit on the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended), such proprietary member shall have the rights, privileges and obligations of a proprietary member with respect to each such Unit so owned, and each such unit so owned shall be subject to the lien provided for in this paragraph, to the end that the rights, privileges and obligations of such proprietary member shall be the same as though such member held a separate proprietary membership for each such unit so owned.

   2. If, during any calendar year, the dues and assessments payable by proprietary members of said Almaden Cabana Club are not sufficient in amount to cover the reasonable cash operating expenditures of said Club for such year, and if Grantor does not during such year advance to said Club such funds as may reasonably be required to cover any resulting cash operating deficit, then Grantor, as of December 31 of such year, shall, with respect separately and severally to each Lot within the property described in Exhibit B hereto (as Exhibit B shall from time to time be amended) then owned by Grantor, be obligated to pay to said Club an amount equal to the dues and assessments payable by a proprietary member for such year.

   3. If Grantor becomes obligated to make payments to said Club pursuant to the provisions of subparagraph 7(b) above. such payments shall be due and payable as of December 31 of the year in question. If not paid to said Club within thirty (30) days thereafter, the amount payable by Grantor with respect to each Lot owned by Grantor shall, upon the recording at any time thereafter of a claim of lien by said non-profit corporation, be and become a lien on such Lot, and said non-profit corporation shall then have the right to enforce the payment of such sum in accordance with the laws of the State of California governing foreclosure and enforcement of liens.

   4. Nothing contained in this paragraph 7 shall impair or defeat the lien of any Mortgage, but title to any property subject to this paragraph 7 obtained through sale in satisfaction of any Mortgage shall be free of the Lien created by this paragraph 7 for all charges that have accrued up to the time of such sale, but subject to the lien created by this paragraph 7 for all charges accruing thereafter.

   5. The word "Grantor", as used in this paragraph 7 shall have thee same meaning as in paragraph 8, below.

8. Rights of Grantor.

   As used in this Paragraph, the word "Grantor" shall be deemed to include Palo Alto Development Corporation, a California corporation, and any successor in interest holding title for the purpose of construction and sale of residences, and the representatives of Grantor and any such successor. Grantor has undertaken or will undertake the work of constructing residences and incidental improvements upon Lots located upon the Subdivided Property. The completion of that work and the sale and other disposal of said residences is essential to the improvement of said property. In order that said work may be completed as rapidly as possible, nothing in this declaration shall be understood or construed to:

   1. Prevent Grantor from doing on said property or any part thereof whatever is reasonably necessary or advisable in connection with the completion of said work;

   2. Prevent Grantor from erecting, constructing and maintaining an any part or parts of said property owned or controlled by Grantor such structures as may be reasonably necessary for the conduct of its business of completing said work and of disposing of said property in parcels by sale, lease or otherwise, including without limiting the generality of the foregoing, model homes and tract construction and sales offices,

   3. Prevent Grantor from conducting on any part or parts of Said property owned or controlled by Grantor its business of completing said work and of disposing of said property in parcels by sale, lease or otherwise; or

   4. Prevent Grantor from erecting, constructing and maintaining such sign or signs on any Lot or Lots owned or controlled by Grantor as may in the sole judgment of Grantor be reasonably necessary for the purposes set forth in this paragraph.

   Any amendment to this paragraph shall be effective only if accomplished in the manner provided for amendment of paragraph 10(b) hereof.

9. Interpretation.

   The provisions of this declaration shall be liberally construed to effectuate their purpose of creating a uniform plan for the subdivision and improvement of the Subdivided Property. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof.

10. Amendment.
    1. Except as otherwise provided herein, the provisions of these restrictions may be amended by an instrument in writing signed and acknowledged by the holders of record title to at least ninety percent (90%) of the Lots which are, immediately prior to recordation of such instrument, subject to these restrictions, which amendment shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.

    2. Except as otherwise provided herein, the provisions of these restrictions may also be amended by an instrument in writing signed and acknowledged by Grantor (or Grantor's nominee) and by the holders of record title to at least a majority of the Lots which are, immediately prior to recordation of such instrument subject to these restrictions, which amendment shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.

    3. Notwithstanding any provisions of these restrictions to the contrary, Grantor (or Grantor's nominee) shall have the right to amend Exhibit B from time to time by adding thereto a description of any portion of the real Property described in Exhibit A then owned by Grantor (or its nominee). Such amendment if recorded prior to December 31, 1977, or within three years from and after the date of the last Final Subdivision Public Report issued by the Division of Real Estate of the State of California and covering any part of the property described in Exhibit A (whichever is the later) shall not require the consent of any Owner other than Grantor, or of any Mortgagee, and shall be effective upon the recordation in the Office of the Recorder of the County of Santa Clara of an instrument setting forth said amendment which has been executed and acknowledged by Grantor or Grantor's nominee. Any amendment to this subparagraph (b) of paragraph 10 shall be effected only by an instrument in writing signed and acknowledged by Grantor and by the holders of record title to at least ninety percent (90%) of the Lots subject to these restrictions and by all Mortgagees holding mortgages on any part of the real property described in Exhibit B, as amended from time to time. Any such amendment to this subparagraph (b) of paragraph 10 shall be effective upon recordation in the Office of the Recorder of the County of Santa Clara.

11. Termination of Restrictions.

    These covenants, conditions and restrictions shall continue for a period of thirty-five (35) years following the date of this declaration and shall be automatically extended for successive periods of ten (10) years unless an instrument executed and acknowledged by the Owners of a majority of tile Lots located in the Subdivided Property has been recorded revoking this provision for automatic extension.

12. Severability.

    The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof.

13. Subordination.

    Nothing contained in the restrictions shall defeat, impair, or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to the premises subject to these restrictions or any part thereof, but these restrictions shall be binding upon and effective against any Owner of said premises or any part thereof whose title thereto is acquired by foreclosure, Trustee's sale or otherwise.

14. Waiver of Breach.

    No waiver of the breach of any covenant or restriction herein contained, shall be a waiver of any succeeding breach of the same or any other covenant or restriction.

15. Dated this 29 day of April, 1968

• This document is presented for your information only and should not be considered a substitute for the document provided in escrow when purchasing your property.
• This document may contain errors introduced during the process of converting a scanned image to machine readable text.
• This document includes updated verbiage for section 4(l) as amended on 12/27/1973 and 9/18/1974.
• If you have any questions or comments regarding this document, please contact any member of the Almaden Cabana Club Board of Directors.