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Dr. Collin Felch, Deputy Superintendent <br />Vista Charter Public Schools <br />December 6, 2023 <br />Page 2 <br />Center Business Park that is included within the Project. Based on our review of the CUP <br />Application, the Project includes Civic Center Business Park common area that is designated <br />"restricted common area" and set aside and allocated for the exclusive use of Building AB <br />Owner" under Section 2.2.5 of the Second Amendment to original declaration. It is our <br />understanding that VCPS is the owner of Building B and the owner of Building A supports the <br />Project and CUP Application. We further note that Section 2.2.5 of the Second Amendment to <br />original declaration goes on to state that "restricted common area shall constitute `exclusive use <br />common area' within the meaning of Section 6550 of the Commercial Association Act." (Id.) <br />Section 6550, subdivision (a) of the Commercial Association Act defines "exclusive use common <br />area" to mean "a portion of the common area designated by the declaration for the exclusive use of <br />one or more, but fewer than all, of the owners of the separate interests and which is or will be <br />appurtenant to the separate interest or interests." Hence, the owners of Building C and Building D do <br />not have any defined property rights in the exclusive use common area that is apart of the Project. <br />Please let me know if you have any questions, or require further information. <br />Very truly yours, <br />STRADLING YOCCA CARLSON & RAUTH <br />Sean B. Absher <br />4877i77ounce 26 — 651 1/16/2024 <br />