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Section 5. Owner. "Owner" shall mean and refer to the recor er, e e one or more persons or entities, of a fee simple title to any Lot which i• a part of the Properties, including contract sellers and buyers, but a:eluding those having any interest merely as security for the performance of an obligation. Section 6. Pro ect. "Project" or "Development" means the prope~'a~-t a mprovements on the property. Section 7. Property. "Property", with the exception of propeiEy~ded-to governmental authority, utility, or governmental agencies, shall mean and refer to that certain zeal property hereinbefore described. Section 8. Subdivision Ma "Subdivision Map" means the recor~e na a-u~~v s on mep or Tract SS35, City of Pieaeanton, County o! Alameda, State of California. ARTICLE II GENERAL PROVISIONS Section 1. 8nforcement. Any owner shall have the right to enforce, any procee ng a law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to Ao so thereafter. Section 2. Amendment. The covenants and restrictions of this c era on s a run with and bind the land, for a term of fifty (50) years from the date thi• Declaration is recorded. This Declaration may be modified, amended, cancelled or annulled by nn instrument signed by not lees than the owners of a two- thirds (2/3) majority of lots within the above-described Property, and any such amendment must be recorded. Ownership of eech individual lot within the subdivision shall be entitled one (1) vote. Section 3. Consent. Acceptance by an owner of title to any of the proper es encum Bred b this Declaration of Covenants, Conditions and Restrictions shall constitute, on the part of such owner, an agreement to be bound by the provisions of these Covenants,,COnditions, and Restrictions. Each owner acknowledges that while the Covenants, Conditions and Restrictions run with the land encuabered thereby, the obligetiona incurred thereunder are personal to each such owner and will survive a transfer of title or other termination of such ownership, as to any liability arising prior to such transfer.