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be immediately repaired by and at the cola cost and expanse of the party eaueing ouch damage. g, A99-`RICTZON9. Uo isedge, fence, wail or or-ner szmu -- shall he erected on the line separating the property owned by CCPB and the property managed by the Assootation of a nature which vould impads pedestrian or vehicular acceas to mithar'g g, No DRDTCAT.TON. The easements ontablished in this Agreement are not intended, nor will they create any prescriptive rights in the public. ACBocAA°^le??, Assvciati?>n he'rehY warrants and rel�sesr�ntB that it in entering into this Agreement after having taken all appropriate action as required by its Sylaws to obtain the required majority consent, and further acknowlodgns that the signatures of!the owners, of at least a 75t voting power of the Acnaciatlon have executed this Agreement in ratification Of "a Aeaociation•s action. [Signature Page Fellows] While we acknowledge and respect the presence of the school in our industrial area, it is imperative to maintain the balance and respect the original planning intentions. The school is welcome to construct there playground with fences where they plan to build a garden in Parcel 4, since that is land that belongs to them, but it is not OK for them to decide over an area that they do not own and where there is a common legal agreement in place. This move not only infringes upon the rights of other property owners but also disregards the original intent of the space allocation. Moreover, the proposed construction of fences around common areas is a direct violation of the shared and open nature of our business park. Such actions create unnecessary divisions and disrupt the cohesive environment that we have all invested in and grown accustomed to. I also want to continue to draw attention to the existing egress and ingress agreement established by our association. Any modification in the use of shared spaces or alterations to the physical layout of the business park must respect this agreement. My hope is that the city council will advise Vista Heritage Charter School to construct their playground in Parcel 4 and to refrain from building fences in Parcel 3 and 4 which are part of the Civic Center Business Park and there is a common interest in this area which requires 75% of the First Mortgages of Units in the Project to agree to these alterations, as noted on Page 9 of our CC&R's on April 19, 1985 (Document#85-140398).