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Stradl ng <br />Sean B. Absher <br />415 283 2242 <br />sabsher@stradlinglaw.com <br />December 7, 2023 <br />VIA EMAIL <br />Dr. Collin Felch <br />Deputy Superintendent <br />Vista Charter Public Schools <br />2609 West Fifth St. <br />Santa Ana, CA 92703 <br />Stradling Yocca Carlson & Rauth <br />A Professional Corporation <br />44 Montgomery Street, Suite 4200 <br />San Francisco, CA 94104 <br />415 283 2240 <br />stradlinglaw.com <br />Re: Vista Charter School Phase IV Project; Civic Center Business Park <br />Dear Dr. Felch: <br />This letter addresses the objections to the above referenced Project submitted by Angie Cano and <br />Levi Cano (together "Cann") in a letter dated December 6, 2023 to the Board of Directors of the <br />Civic Center Business Park Owners Association. We have listed below each of the five objections <br />raised by Cano followed by our response. To summarize, we do not believe the objections have any <br />merit. <br />1. Restrictions on Erecting Fencing. (Article VII, Section 7.3 of the CC&Rs, Page 27: <br />Cano claims the referenced CC&Rs provision restricts the right of Vista Charter Public Schools <br />("VCPS") to erect fences as shown in the Project plans. We do not agree with the argument to the <br />extent the argument is intended to reference fencing located within Building A/B exclusive use <br />common area. Section 7.3 of the CC&Rs in relevant part states that "no parking spaces shall be <br />fenced off." This provision is intended to prohibit owners of units at Civic Center Business Park from <br />interfering with other owners' use of common area parking. As set forth in our December 6, 2023 <br />letter, the CC&Rs were amended under Section 2.2.5 of the Second Amendment to CC&Rs to define <br />common area parking appurtenant to Building A and Building as "restricted common area" for the <br />"exclusive use of Building AB owner." (Emphasis added.) Cano cannot assert a claim that fencing <br />located within Building AB exclusive use common area interferes with their rights as they have no <br />use rights in Building AB restricted common area, including parking areas located thereon. <br />2. Reciprocal Easement Agreement: <br />Cano claims the Reciprocal Easement Agreement explicitly prohibits the construction of barriers, <br />Hsi i y ounce 26 — 652 1/16/2024 <br />