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Home My WebLink About83-60 REZONE FROM S-R TO PA-C 3 OF 4I® wow- - avo f, I7+efoyllix�tri�sz�:wta�.lsrar�r�aio6(�hee��:# �� _ s9QY! (b Veil-6iu fl� d*to ti0tWofAt4�. � d �6oati6wiirmn,$afbansia.}dstsgss'ntdei��;7��; ' V m Shgpr to whom end date _ 0 RtSMMMDEUVIERY, _ 5fioiv#o`vho:n,�ixtc.ansieddiesn�s�efiygryi�._ tONSULTP&Tf�iAS? EIS Ei}32 FFflS�. f' x aRstct�i►a�REssEn.To: � Jon Gregozre - y 3e ARTtfiLE i) SCRCPTSOPI: c:t j E--dMER£n NO ; - CEATSFtED Aid. lHSi7REQ ititf .. 0-7192$ � '_(,qlrvajrso�iain'signaatra.bFaddrassea•arnpe�tt� - �+ ;['hapcsecsrved,tJia article describbd alSove, � • SiGT+4ATt1iiE. ��ruea' CLlntkacizsi`s�t B _ DQE f F o TM =1i $. A.OQRt�Si iCorsFftte onN i�.l�tt K - _ JABiE To-QECtvER BEGdi3Srt' . CERK v � �'cro . tgr3.2ss-sas . NITEP SE RE�UCsta �f�Vlile� ++ ti 4 vo Butte-CO",ty ,p�annng r P1ITO RJEGF1PT FOR 0EATIFIED AIL tiDFOR INT99NA ONPROVIDED— NOT (See Reverse) � �.fJTTO Jon Gregoire R- -srTF.EETAPf3:30 ' PO. SaATE AN&ilPCODE KSTAM s CtAUSEWM m Q-tAL13F r �>'7EF,lf1ERY ewe ES Q s ,}tkEA dab Y3 fixTit'CBE G. ` z ¢ � PE3.PdEt1Y ABOR, £AYtY17 I 3n$TAtEYt31FwTutY 74TALPOSTAGEANAFEES S Q p0sMARKOEi6ATE J 4_ - i BUTTE COUOTY rl RE DEPARTP1E14, , FTRE PROTECTION STANDAROs REVIEW OEVELOPME14T NAME Jon C1regod.re, AP #83—t)2-a7-fij� LOCATIOtr Shan -a 73 E es Shasta Ave & 13AV Ayellile Cloico This project must meet the requirements in the Uniform Building Code amended to Butte. County standards., a In -accordance with Section 13,00 (Pine Standards) of the Improvement Standards, the water requi,ramehts for this (ATTA.CN BtIS1N1w5S tARVHERE) parcel/project are: !Applicable standards are checked), 13.01-1 Requirement CTass I. A water supply for fire protection will not be required, However,, if the domestic water storage system has a capacity of 1,000 gallons or more, a fire department connection to Butte County Public Works Standard $.29 shall be installed, The fire department.must be notified of any such' connection. Such cornelttion point must be located so that it is readily accessible to fire department equipment. 13.01-2 Requirement Class 2. A pressurized water system with ade nate numbers of hydl^ants is preferred, but if this is not feasible, the following option will satisfy the fire eepartment requirement for water. ( ) a. Water storage •tanks with a capacity 5f 10,000 gallons or more, equipped with direct all weather araess and fire department connection (S -2S); ( )} b. in. ground swimming pools equipped with a drafting connection or drafting access,, or, ( i c. A dry stauldpipe system•plumbed to a reliable water source., Such standpipe system will of 1,000 feet in length, n exceed There must be at least 10,000 gallons of water available and strategically located for each 10 dwellings; or d (Example: p lldwellings would require two separated sources), Provisiolls must be made to insure that the water stored is Portions thereof. (always available an, accessible for ,use under ail weather conditions, (X) 73,01 3 Requirement Class 3, A pr'essurizt;d community Water system is required., indicated on the attached preliminary map, Final locations trust be exacly indicatedaand'tocorded anotheQfinalp mapJJ Number of hydrants required $ maximum hydrant to hydrant spacing 00 feet, hydrant size 6r1 X1-0 - �fln�Toz>$. BAaEE on, tnd nstdlled acc l*t� rig t�o Butte County ualic Vorks Specification xarut iramc Ziorl merrcll Works Mode, ta`14. - S-27 and requirements of local water agency. a ( ) TS.O1 4 Requirement Ctass�4, Water for fire protection is required, The preferable system is a hydrant system # ca pa le o -E- f meeting the fire flow requirements. Ij this is not feasible, a System involving independent pumps, static water storage and dry standpipes may be substituted. Such a system is subject to the approval of the fire department. The available water flow from such a system must flow -gallons pep minute, Volume of water in storage must Ie p The minimum is maintained to its design capacity. .�.�,,, _941Itins, Provisions nlust'b,e:made to insure the system provided y , ( ) 3.01-5 Requirement Class S. Pressurized water for fire protection is available within 1j000 feet of the created parcels, In lieu of bearing the cost of installing a 'fire hydrant(s) the develo el' ma pay into the Ilre"depart. ment hydrant fund, Pay in -lieu fee into, _hydrant fun based on r1.2:i per frontage� �- t uoerrrlij' foot, Frontage i$, indicated by the red line on the attached hrap, frontage ca4ulation to be made by surveyor and recorded on finale is map raProntageximate ecalcu1sG on�wil"1 nclFinaboth' sides of the street, on included streets. l (X) Other Conditions:'xre T'11�ow to l,e �'Ob(� GPM. Note• A a o �3L�Wttadhed min req>xire roadwa for emergency verhiale circulation.; ( ) Response times for the first 3 fire engines is at, follows; 1. Station # GOF/BCFO minutes 2. Station ;f minutes 3. Station ff . minutes ( ) In the Safety Element of the Butte County'General Plan, this fire hazard area, project area is classified -as a WILLIAM'C. TETE NN CO Plarmingcoe.n cc: B'CFO. Fill County e Warden , p p Battalion Chief B y .�G , i EB 1983 k�� y -� ; Ba talion Chief rovillra��#yam ; Local water a0r:ncy requirements• for hydrants may be more res triotiVe. ry,, LWIA CC6Rs pEHHLEk00D PIl7LS PAGE N0. DESCRIPTION 1 PREnNHLE 2 ARTICLE :I DEFINITIONS Section 1 Annual Assessmint 2 Architectural Committoe 2 Section 2 Section 3 Atticlee' 2' AssociatiOn 2 Section 4` Section 5'- Board of DirOctora Z Section 6 D Laws 2 Capital Improvement Assess.`nent 2 Section 7 Section 9' Common Araa 3 Common.Expensee 3 Section 4 Section 10 Declarant 3 Duelling unit 3 section 11Fami1Y Section 12 3 improvement 3 Section 13 Sectioa 1q 3 kSection 15 Section, 16 Ma Hortgago 4Mortgages Section 17 4 4 Section"16,owner Se tion 19 p opareies _ q Asaossment 4 section 20 Reconstruction Assecewebts q Section 21 Section 22 Spacial Structural Maintenance Areas' 4 Landscape Maintenance Areae Section 23 OWNERS' PROPERTX RIGHTS ARTICT,E ZZ Owners' Easements of EnjaY�+anc 5 Section 1 Section 2 of Use 5 Delegation6 ts for parking 7 , Section 3 Section 4 Easemen Ease= for Vehicular Traffic is • Section 5 waiver of 'use c 7 Section G Section 7 TitEasle the CoffiAreaArean 7 1SEMHEAaHIp IN ASSOCIATION ARTICLE ZII 7 section 1 Membership - 7 Transfer Section 2 A ARTICLE IVB VOTING RIGHTS N VatingNemberahip Section 1 Classes of Votie Distribution' Section 2 OF ASSOCIATION g ARTICLE V DUTIES AND POWERS ASSESSMENTS- ld' ARTICLE VZ COVENANT FOR b1AI,NTENANCE Lien an Section 1 Creat ion o£ the 10 section Obligation of Assessments 10 AasessmOwnprs, Section 2 Pprpose,of,,Annual 12 Damage to Common Asea by Section 3 W,ARn*� MCRriPItC%. � w now®sv u i� ' Section 15 Further Subdiyision 26 Section 16 Drainage and Landpcape 26 j Section 17` Water Supply systema 27 1 Section 10 Landscape Installation and, Maintenance 27 Section 19' Violation of Governing Instru- menta' 27 .ARTICLE XI DAMAGE :OR DESTRUCTION TO COMMON AREA 27 ARTICLE XII INSURANCE 28 ' Section 1 Casualty 28' Section 2 Replacement or Repair of Property 29 Section 3 Liability and Other Insurance 30 Section 4 Trustee for Policies 30 ARTICLE XIII HORTGAGEE PROTECTION CLAUSE 3o ARTICLE :XIV SIGEYARD EASEMENTS 33 Section 1 Creation of Easements 33, Section 2 Reotrictions'on Sideyard Use 33 ARTICLE XV GENERAL PROVISIONS 34 Section 1, Enforcement 34 Section 2 Saverability is Section 3 Term 39 Section 4' Interpretation 36 F- Section S Termination and Amendment 36 Section 6' Nn 'public Right or Dedication 36` Section 7'' Construction Notica and Accapt encs 36 Section 8 Reciprocal EaBementfii 36 ev Section 9 ` Special Proviaion,for En£orcdmaat � of C6rtain Bonded Obligations 37 EXHIBIT "A• ARTICLES ,OF INCORPORATION 01' THE ASSOCIATION EXHIBIT "8' BY-LAWS OF THE ASSOCIATION EXHIBIT GO DESCRIPTION OF LANDSCAPE MAINTENANCE, AREAS! LnwxF3IT 'D° SIDEYARD EASEMENT MAP I G rutAw. mocaaoa 1 A Low : y Section d; basis of t+,oximum Annual Aaaeas- Section 5,. ments Capital Impr1.ovemont and l2 Section 6 Recon- struction Asaesaments Noticc and Quorum for. 13 any Action Authorized Under Sections:'q' Section 1 Section g and 5 Uniform Rate o£ Asaesament 13 13 Date of Comiaeacement of Annual Section g3 Asses8ments- Due Date Exempt Property 1 ARTICLE VIZ EFFECT OF' NON=PAYMENT OF ASSESSMENTS 13 REMEDIES OF TUE ASSOCIATION SQCtion 1 Effect of Non»PaYmont of Assess- 15 Monts* Remedios Of the Ass6ci- ation Section 2 Section Notice of`Asaesamen Foreclosure Salo k l5 16 Section 4 Section 5' Curing Of Default Cumulative �,fimedies 16 16 Section 6 Mortgage protection 16 ARTICLE VII, ARCHITECTURAL CONTROL 16 Section I17 Section 2 Meabers of Committaas Revicv of Plana and Specifics- 1` §ectioa 3, Section { kions Medtings o«the Committee No Waiver Of Futuro 17 Section 5 Section 6 Appxo.18 Compensation of Members 1g' Section 7 Correction of Defects Nonliability of Committee 19 19 Section 9 Variance Memborg 20 ARTICLE ZX MAINTENANCE AND REPAIR OHLICJ►TI027S' 20 21 Section 1 Section 2 Mainkenance O bligations of Owners 21 Maintenance Obligationa Section 3 ciation of Aero- Damage and: Destruction 21 Section,4 Affecting Residences -Duty to Rebuild' Variance in Exterior Appearances Design 22 Section Time Limitation 22 ARTICLE 8' USE RESTRICTIOgS 22.; Section 1 Section 2 Single Family Rosidenca 2.2 3 Business or`Commercial Acti' Nuiaancea Activity Section 2Z Section {Signs 22 Section 5 and vehicular Restric- 23 Section 6 '7 tions AnParking imal neatrictiona 23 Section Section a Trash. View Obstructions 23 24 G 5oction g Section 10 Section TeiaporatY Buildings Common Area Facilities .4 11 section 12 DOdlarant Exemption Antennae 25 25 7 . Section 13 Section 14 Inaurance Rates 26 Drilling 26, 26 UM iOR,0u11011 4h uidr..iki;Y k7'4n, _ _'. a, t With the u on nil persons having, "Y and equitable servitudes sat forth herein a O BAYS art thares propertzea and 'shall be binding P shall inure to the ri9tit# title or ieu�cessors and asest ir i thesignsj,q any into ofe their hairs" r action of the Properties and og and binding and benefit 'of a sh 11 inure '' the bomifit a its successors in into, and each Owner khareint be enforced upon Declarant# and by the Ass- his respective successors in ra in sit and may by any pwts°r and his aucaessors in interasst# aociaton.: ARTICLE r"Ev%uTTIONSthe Section 1. "AAnnual Assasssrnoteerepresentinq a ui. rov'hge ----W--axns►t each h+ner annus! Ct1LZgg ag nzdinary costs of mnintQi�9eAraai t3aintenahcn Areame O£ the total, managing and apart"'a s portion. repairing# rePlacian b each Owner to the Main teaidcunifoarmlY� I,andgcapo and equally Y Structural be which are taus provided hprehikectural Assaciationr COtsasu'ttec" shall mesa "-----------' bele V11Z " At Pursuant to Section 2• ttes to t o coussni and refer hereof. "Articles' shall mean and rater been th0' have been Section 3. State of or t e Assocn£aStatc of the Articles o ncorPoration rti,6 ih,the office of the Secretary of which is attached isareferenceI as such a copy- herein by th California# o-.,ted Uhibit "A" and incon - time to rima• may be amended ,from d refer to est Articles "shall mean Section 4. "Associatz a California dorpio- O Ep A yp ATIOti.on rofit Corp ES ti0.•!E Wti N P ss PZBBLZWOOD rati ori (formed Pursuant to the Gantral » of CalEornial, itprectors nor, "_�.eihall, Board s Law Of thee . "Board Of S 4 a Assoc at an. oa loci S. mean the hoar o Directors o ,, to the m and x " Laws" shell e Soand and Ap- Section 6o, Opted by initially in the aciat of the Association,. By-Laws a£ se Association, rated herein by the metb» hereto And�'em ded from bine proved attached fort of BXhibit B as ;such By-Laws saay by this reference. to time. "Ca"ital Iia sovement Assessmentte rep, t Section 7. '-- -'"" charge a9asns: eac Osman a} 4or instal-. Costs to th e Associa.••ion . mash and refer to a portion of the of the on Any P ny Improvements resenting a Portion nation or construction of any from time to tithe autho- socias:ion tray DeclaraEion. visions Of this Co=on A , which the A the real, to the pro all Mize# Pursuant "Common Area" shall mean a Section g• - 'nc u ng without linitation, I;And P rivate roadways, prd J_areas property ool, jacuzzi# la P ,- swi,mmin9 ` " -2- ' 1 „ jj1l COMO»• ' .111 a Den:cd 3/8/78 pile''No: 10767 _ r and walkways, �rhich are owned by the Association for tis`.com- of the OWnerg.. The Urea mon Use and enjoyment of all of the convayance by the Association at the the Mj be so owned of the first Lot is more particularly described as follows: Lets A to Co inclusive, of Pebblewood Pines, portion of Lot 17 being a subdivision of a the ncussick Tract", as shown on a Final of MAP, recorded ca November 15, 1917, In Book of Recordoc.in the pAOffice7Oftthe Butts Countinclusivey n Section 9. "Common Ex enses" shall mean actual managements operation, And estimated costs of ma ntenance, and improvement of the Common Area, repair, replacement Structural Maintenance Areas and the Landscape Maintenance Spacial Assessments, Annual AsSese Areas (including unpaid ] and Cital Improvement Assessmentsap menta, Reconstruction Assessments); costs of any :gardening, utilities and other Structural Maintenance fiting the Comm services belie Area, Maintenance Areas] costs of managemetlt Areas or Landscape and idminist,zation:o£ the Assooiaticn, including without to managers," limitation compensation paid by the Association and other employees; costs of bonding accountants:,, attorney!: members of trio Boards taxes paid by the Associationt amounts lien or encum- paid by the A8660i6tiOn for discharge of any brance levied against the :Common Area, or any portion thereoft and the costs of any other item designated by the Association ;in connection with the Properties, for any reason whatsoerver for the benefit of all of tha Owners. Section 10. "Declarant" shall moan and refer to LOWEN,their shallchavars, BURT C. l�, JR., and DOROTH)! JANE heirs, and assigns, and any person to whom they written assigned any of their 1:ighta hereunder by an :Xpress assignment. Sections UnLt" shall mean and refer, and intended Eos use3 to a buil xn9 ocated on a Lot es gni alLeside��n nee by a single family. and, occupancy a Section 12."Family" shall mean and refer to (1) persons .-- diately related to one another a group o natura by blood,:marriago, or adoption, or, (2) a group of not more so'related, inclusive of their than: five (5) persons not all domestic servants, who maintain a common household in a bwel- ling Unit on A Lot" Section 13. `Improvement" shall moan and refer to to of every type and kind, any structure or appurtenance ere limited to boildinools/u%QCZQationaI including but; notfacilities, swimming p sprinkler pipes, garages, reads, driveways,"parking'areas, fences, patio covers, awnings, planted, trees and Rhrubs, poles, hedges, windbreaks, plantings, and water-softening: fixtures or signs, extcsrior air conditioning equipment.' Section ld. "tot" shall mean and.refer.to any re of or parcels arcel residentia ma of theon subdivision map or recorded p P with the exception of the Common Area.VIC (u Section 15. "Memher" shall mean and refer to who s'memberhsip in the Associa- of L every'person or entity tion as provided:'"herein.. -3: .rw btbtcd 1/4/78 F silo floi 10767 Section i6."Mores" shall moan and include In of for purposes 01-th_s Decla'raf—t the conveyance in trust a Lot, or other portion of the groparties to secure, the per- the obligation, Which conl,hyance shall be void formance of upon full performance of the obligation necured.or reconveyance ''Deed Uf Trust" when used here- of the roperty conveyed. The in shall be synonymous with the term "Mortgage". Section 17. "Mortaaaee�-" shall mean a person or ma3e-and shall include the bene- entity to wiom a mortgage-zs ficiary of a Deed of Trusts "Mort a or'shall mean a person'' (ie., the or entity who mortgages his or is Lot to another Mortgages, and shall include the Trustor a Decd maker of a of Trust. The term "Trustor" shall be:synonymous with the term "Mortgagor", and the terms "Beneficiary" shall be synonymous with the term "Ftottgagee".. section 19. "trimor" shall mean and refer" to the other egalrantity or entities, .including person or persons -or fee le rrecord under Declawhichrista PartOfthe Propertied, ineludingsellers of sale, but excluding those having such ekocutory'contracts -interest merely as security for the performance of an oblige- X only, unless the context tion. For purposes of Article otherwise requires, Owner shall also include the family, in - 1 cannees and Lessees of any Owner. Section 19. "properties' shall mean and refer to that carts n roperty escri a in Paragraph A of the rea p Preamble to this Declaration. Section 20. "Reconstruction Assessment" shall^ is sot; mean and rer— ei to a charge against sac Owner an of the cost to the Association Eor pe - representing a portion of any portion of the,Improvements on the Proper- construction tied pursuant to the provisions of, this Declaration.: Seation.21. "5 a -p sial Assessments' shall mean and di - refer to a c arge,againat as part cu ar;Owner end his Lot, refer Owner, equal to the cost incurred to the Association for corrective action, pursuant to the pro- by the visions of this oeclAtation. Section 22. "Structural Maintenance Areas" shall mean, as t U same may from time to time exist, t e ex�:erior all residential toj�mhousa structures, fences and surfaces of the exterior roofing material of the Dwelling Units,,the walls, exterior lighting- fixtures, ant the exterior sidewalks on the Areas shall specifically exclude all: Lots, Structural Maintenance glass areas. Section 23. "Landsca a Maintenance Areas" shall othezZaadscap- mean all p ant rigs, planted cress; encu s an ing Improvements` located on the and. extending fram the ,Lots Common Area to the foundation lines of the Dwelling Units and originally constructed by Declarants the walls and' fences, as Y- ahii excepting those portions of the Lot yard areas which are approximate locations i enclosed by such walls or fences. The the Landscape Maintehance Areas of the Ptopdeties are fur- N of ther depicted on the drawings which are mar incorporated herein by thisEreferencexhibit � and ins. Gy, attached :hereto CTS ■URN9.�NLRitTANaL. _ .. .. _ 00 r7d0'V i yy X ARTICLE XI Ok'NSRS� PnOPERIN RIGHTS Section 14 owners' Easements'of:Eno ent. and Every Owner s ii n'IITave a rig t an easement o 1 ttgxess in, to and over the Co=on Area and egress and o£ enjoyment walkways on the Landscape Maintenance Area which shall common be appurtenant to and' shall pass with title to every Lot, subject to the following provisions: (a) The right of the Assoeialion to reanonably limit the number, of guests of facilities. owners using the CO=On Area (b) Thri right of the Association to+ establish uniform rules and regulations pertaining to the One ofthe Common Area and the recreational facilities thereof, including, but not limited to, the right and obligation of the Association to enforce all parking reatrictions within the Common Area asset forth in Section 3 of Article IL herein+ (c) The right of tho-Association to charge ;uniform and reasonable admission and other fees for the use of the rsereation facilities situated upon the Common Area - provided# however, that novo of the Common Area facilities, recreational facilities, parking spaces or other amenities in the Proportion shall be (leased to the (d) The right of the Asnoeiation, in accordance with its Articles of Incorpora- thin Declaration, to bor- tion# By -Laws and row money with tho vote or, written assent of two-thirds- (2/3) of each class of Hembers and to mortgage, Pledge, deed in trust, or hypothecate any or aii of itn reap; or per- aonal property as Security, for money bor- rowed or debts incurred, Subject to the XIII of this DeClara- xo+ - provisions of Article tion, provided that the rights of Such Mort- gage shall be subordinate to the rights 'of the Owners. (e) Tho right of the Association to suspend the voting rights and right to use the Common Area facilities by an pwner for any period during which any assessmant a- gainst his Lot remains unpaid and delin- quentt; and fora period trot to°exceed thirty (30). days for any single infraction of this Declaration or the published rules and regu- lotions of the Association# provided that any F suspension of such voting rights or right to use the CO=on Area facilities, shall be made only by the Board of Directors of the As"socia- duly appointed committee thereof, tion or a after an opportunity for notice and hearing as provided in the.Ey--Laws of the Associations. nna. ew+raw OWWO a M.Ktf"1CR' mp yY+ai RN r " (£) 5}t�ject to the protrisians of eclaration, the right Article x I2 of this D 11 of the Associti I aon to dodoate, Fart ofthealienate or'tofr.'r all or any P Common Area _to any public agency, authority fores and byCthoo utcondit sagreed to iAl oilit such ashmaync�+ Members. No such dedication, release, alien- ation or transfer 'shall be effective, unless an ittistrument signed by Members entitled to cast' tWo-thirds (2/3) of the 'Class A and Class B voting power"o£ the Association, arac,ral cas ionecordedej alien - at(or t?amsferahascatiobeennr (g) T right of the Association (by action of the Board) to reconstruct, r®plaee Xnprov,mant or. portion or raginish any tr X, upon the Common Area, in accordance finish or standard with the original dasign, such ]tmprovnmant, or of of construction of tho:<generaI lyxprovements'within the Proper- be; and not in occas - t3es, as the ca:t may ewjr,3, original design, finish or dance with standard of •.anctruction only With'di vote the owners holding or �.'r:.tten cuu :ant of (751) of the vgting seventy-five pe.cent power'd the Aago iation, (h) The right of the AGAOCiati0h to trees or other vegetation replace destroyed and plarit'treesy shrubs and ground cover upon any portion ,of the Common, Area or Landacape°Maintenance hreas. (i) Ther right of the Deciarant,(and its sales agentz and representatives) to thu nsnexclusive use of the Gammon Aron and the facilities thereof without add -t tionsl charge, for sales, display.and exhibit purposes, which right peclarant hereby reservest provided, however, that such does not unreasonably interfere with the use of the facilities by ,the Members Of tile' Association. Se 7. De3e ation roe use. Any Owner may S delegate, n accor ante wi, do By -Lawn, hie right of en - the Common Area and facilities to the Diembera r joyment to o£ his Easy, his tenants, or can purchasers who re- side on his, property. porark Section •3., Basements for permitted withiin the quasi or reereatsonal parTcang s� Common Arca only within spaces and areas clearly marked for this, purpose. The,Association, through its officers, owered cb=itteas andish agents is "earerebas'withih,thd,Coinmonto lAre& is "parking and no parking. 22658 of the California Vehicle Cads, , accordance with Section as wall as :to enforce these. parking limitations by ail means on city or county;,straete, in- rt lawful for such enforcement eludin9 the reraoYal of any violating vehicle by those so tVj empowered Cts ry�.or: eouriow �uro+� s McKitt*�ex - a� Section d thbdments for Vehicular Traffica ar una a e Comport in addition tome general easements reserved herein, them shall be and Dualarant hereby tt Area reserves and covenants for�ftself and all fvheres'hall h the properties that each and every fhmer shall have within a nonexclusive I easement appurtenant for vehicular traffic streets within the properties,: subject to. over all private the parking provisions sot forth in Section 3 of Article II' hereof. Section 5. Easement for public service Use. Ia additiont` t-F—Toregoing easements over, t e Common hereby reserves and Area,j there shall be and Declarant coveiVants for itself and all future Owners within the Prop- for public services, including but not erties, easements f limited to, the right of the police ar ahauiof enforcinqnter uthe the Common Area for the purpo any part of law subject to the Constitution and laws of the States of Cali- fornia and the United States. section :6. 0AVer_of Use. VO Owner may exempt from personal liab ity or assessments or penalties himself duly levied by the Association, nor release the Lot owned charges hereof, by waiver of the j by him from the liens and use and enjo nt of the Common Area and the facilities there- on or by abandnment of his Lot. Section 7. Title to the Common'Aroa. The Dec- here covenants for 3. se z, ts_Successors and as- larant y signs that is will convey to ttId Asaoeiation fee simple title is Articled, Section Sof this to the Common Arad described Declaration free and clear of all encumbrances and liens, and reservations Of record, including except easements; conditions those set forth, in'thia Declaration« Said conveyance shall be of 'the first Lotto a purchaser made prior to, the conveyance from Declarant puxsuant to a Final Subdivision Public Report covering the propextias. ARTICLE III YEMHERSITYp TN ASSOCIATYOFI a Agoociat onrshf a Lot section _._._.b,� fill be n which is suGject to aaseasmence yht Member of the Association, and no owner shall have more than in the Asso- one membership in the Association: Mcnberships ciation shall, not be assignable, except to the successor in e Association in the interest of the.Owner; and every membership shall be appurtenant to and may not be separatedfrom the fico to assessment by the, ownership 04',01Y Lot which is subject Assooiati,on. Ownership of such Lot shall be 'the sole qualifi- cation tot membership in`the Association. Section 2. Transfer. The Association.membeiahip held'by anyowner o a Lot a a not be transferred, pledged or alienated in any way, except upon the sale or encumbrance such trot, and then only to the purchaser or Mortgagee of of such Lot. Any attempt to make a prohibited transfer is void, upon "the books and records of the , �y and ;will not be rdflected Association. A Claas A Member who has sold his Let a agreement to purchase shaall l be contract purchaser under an entitled to delegate to such contract purchaser his' Member- delegation sh all be in ship rights in the Association. Such p ww�e:MAP. POUVOW. & "OKIT"IM �k'"'xY ,,',.f .. f:R'�ic i _ ��,�d�'+wr'��su�s�.�Lw1`�f.�,CS,•,`• F # I e iautually agree. Vo Vote shall be cast Por any Lot where therm is no designat_•d voting Owner and the majority of the'co-owners present, in person or by proxy and representing such Lot cannot agree to said'voto cr other action. The non-voting Owner or. Owners shall be jointly and severally responsible for all of the obligations imposed upon the jointly owned Lot, and shall be entitled 'to all other benefits of ownership, provided that each such non-voting joint owner 'resides in the Duelling Unit. p is appurtenant. All agree an the Lot to which his Membershi- ments and determinations lawfully made by the Association in accordance with the- voting percentages established herein, ar in the By-Laws of the Aseociation, shall be deemed to be binding on all Owners, their, successors and assigns. Said voting rights shall be subject to the rtystrictions and limitations provided in this Declaration and in the Articles of Incorporation and By-Laws of the Asdtociationa AM111ICLE V bUTI,SS Aft 'PWMAS,OP' ASSOCIATION section i. The Asssociation, acting through the Hoard ox: Directors, shall', h power and duty to: Ca) tiaintain, repair and otheruive manage the Cansman Area, :tluCtural Maintenance, Areas aaad, Isndscape Maintenance ,Areas and all facilities, improvamants and 1andsy m: ing , thereon in accordance with the pzwisions of Articlfl VI and Article IX of this Deck.aration. CU) gaipthIt,n ala'. private streets within the Properties„ including cleaning and periodic 7rgsur£ncing. (c) Maintain all private sewer systema and parking areas withi.a 11-Ate Common Area. (d)Obtain, for'the benefit of the Properties, any commonly au'stered water. gas and electric. sel-vices ,and relueet collet tion and cable 1:elevision, servlca- (o) Grant rasementa.whoro necessary for utilities And:sewmr facilities cover'the Common Area to serve th4t Common A.Ire t and the Lots. Cfj Maintain such policy or policies of liability and 'fire insuranot'i With act to the Dwelling Units, the CdnL,on Area and personal prcpertye if shy, provided herein awned by the in furtherin4i the Aasociatica as ptirposes of and protecting the and Members and interests of the Association as directed by thi''s Declaration and the By-Lays of kthe Association. Cgj At the discretion of the Boat:d, employ or contract with a manager dr ,-.011:ctian agent to perform all or any part of the duties and respon- of the Association, and shall. have the nibilitios i' powar to delegate its powers to Gommitteosk - 'officers and.employeeat. Any such, agreement or any contract with Declarant for the furnishing of -9- LIMAN _--...._e....er','r�sra��anrtte�aii'it•6�.: ..; �� F services to the Association+ shall be for, a term ane M' Year, renewabla by agree-- not in excess of tent of the parties for ucceasivo one (1) year l be terminable periods, Ald such, agreement aha Association at any time (1).for cause upon" by the thirty (30) days, written notice thereof, and (2) n termination without cause or :the Payment of. ninety (90) days' Written notice. foe upon ARTICLE Yb, MAINTENANCE ASSSMENTS CbtNA.9T FOR MAINSE Section 1 Creation of tha.Lion and Paraonal Assessments. Dacia Zant� or eac ;Lot Ownaar bbli ation o with' t e.Propert es, ereby covenanta, and each Owner of deed therefor, whether or not any Lot by acceptance of a it shall be so expressed in such deed, is deemed to covenant (1) Annual Asaeusmeats and agree to .pay to -the Associations '(2) Capital improvement Assessments_, (3) Radon- or charges, struction Assessments, and (4) Spacial Asseasmeata, arch and as hereinafter to be as collected assessments provided. such assessments, together with interest, coats, for the collection thereof, and reasonable attorneys'', fees the land and shall be a continuing shall be a charge on lien >upon the Lot upon which such assessment is made. Each costs and reason- such assessment, togother with interest, fess, also be the par. obligation. able attorneys' ,shall ty of the person who was the Owner of such, property at the tines due. Subject -to the provisions when the assessment £ell of this Declaration protecting first Mortgageeas the personal to the sue- obligation for delinquent. assessments shall pass such owner. The Board of Directors shall cessors in title of establish no fewer, than two (2) separate accounts (the into which shall be "Pebblevood Pines Maintenance Funds") paid to the Association,. and from which deposited all monies disbursements shall be made, as provided herein, in the Par' under the provisions ance of functions by the Association formaration• Each of the Pabblavrad Pines Maintenanca Declaration. of this Pun" shall, includes (1); an operating Fund for durrent expenses. f Read Fund for of. the Association, and (.2) a Common Area, and repairs (which would not reason- replacements, Painting ably: be expected to recur an an annual., or less frequent Structural intenance Areas and Ma basis) of the Common Area, Landscape Maintenance Areas Improvements and facilities De ea to Declazation. Che, extent necessary under the provisions of this Directors shall not commingle any amount de- The Board of poeited into any of the'Pebblewood Pines Maintenance Punds'witi positedPebblewood Pines Maintenance amounts de any other Puad. Section 2. P_ur-lose of Annual Assessments. The asshssmsn� is Ivied by�-t u Assoc at oIL 1.n s a benefit,eX- health, safety, elusively to promote the coimnon and Welfare of the r'esidenta o£ the Dwelling Units recreation in' the Properties and fez the improvement and maintenance pe Structural Maintenance Areas and Landscape of the Common Arca, Maintenance I -is as provided he however, disburse - Fund ab be made by manta from the Common Aiea Reserve the Board of Directors only for the specific. Purposes ape.- the Operating cified in this Article v2. Disbursements from of Directors for such Pur- 83 Fund shall be an by the Board as are necessary for the, discharge of its reapon- Owners, poses sibilities herein for the Common benefit of 611 of the which disburserients from other than those purposes for Fund are to be used. Nothing in the remises Area Reserve 5 1 this Aeciarat3.on the Association;ta or arinoyanl:e shall: ',be construed in such: a Way' as to permit use any asaesstnantts to ahttte any' nuisance eiO4utating Prcm outside;;the bouildaries;'of the Vbtlsing contained herein shAlIL1.1mit, preclude Properties. or impair or plaintenuncerundn deposited_ purposes ments shall pay for Asaessmentsi by all Owners: the dst;tblistuaent of additional I? pines io by the Associatn, so long L's the amounts into ot,iy such Fund are earmarked for xpe'cified authorized by thi'p Aeclaa:atiotl. The Annual. Assess- include, and the Association shall acquire and out oP the applica4.�le funds derived from said Annual tho following, which shall ba ahazedret,cually (a) Water, c+lectzieal, lighting and other - 1 the Common Are,. accessary utility services for tl (b) Maintehht�do and repair sof private streets and parking ttreais lying with the Common and w' %ways in within the band- Arca private scmpe Maintenanot Areae (c) Landscape planting and maintenance of all landscaping and planted by the Association areas within the Common Aria andY.andscape Bain- including irrigation and. lighting. tenance Areas, (d) painting`, ek�kerior maintenance and minor vepaii.and replacement as necessary of the Structural Maintenanco Areas - (e) Vire and i:asualty insui;'ance, as pro- vided herein, covering the full insurable re- facilit,i.es_ placement cost of the Itammon Area ard:Dwelling Units, As applicable# ;pith exp tended coverage. Liability insurance, as provided (f) heroin: insuring the lksoociation againkit any liability to the public or to any Owner, their invitees or tenants• incident to their occupa tion and use of Common Areae, including ,the the Structural Maintenance Areas and Landscape Maintenance Areas, with limits of liability to be set by the Hoard of Directors of the Asso» ciatlon, such limitsand:coveraga to be reviewed At leasiation and increased t annually by the Assoc Or decreased in ,its discretion-, Such errors and officers liability omsaions and Directors and mi .insurance. as; the Board deems appropriate purusant to Artiola,XlIir: (g) W6rkers campensation insurance to the extent, necessary to 'comply'�itth any applic- liquor able laws, medical payments insurance, liability 'insurance and,any, other insurance daeised necessary 'by the Board of virectore of the Asoo°ciationp (h) Standard fidelity bands covering mil Members of the Board of bires:torn of the Also- the Association tV 1� ciation and other employees of and in An amount as determined by the Board ad of`birectors, but not less than two tines the and special asoessments of GuML of the annual the Asoociation.' Co �. ,+ I+IliO/ ROt/11iV4 I11MN� P WCKIr711.Ki I lc) The Board of Diractora may fix an annual assessment at an amount :not in excess of them' maximum Section 5. Capita Im rovement and Aeconstruc• tion Assessments. In Sodaon to t e Annual Assessments :.. - authorize._ 'above; th8 Association'may.levy, in any assess- ment year, a. Capital Improvement or Reconstruction Assess- ment applicable to that year only for the purpose of defray- ing, in Uhole or in part, the cost of any construction, reconstruction, repair or replacement, of a capital: Improve- ment upon the Common Area, including fixtures and personal property 'related theretot and for other extraordinary pur- poses; provided that whenever the aggregate Capital Improve- ment Assessments in any fiscal year exceed five percent (5t) of the budgeted gross expenses of the Association: for that fiscal year, Such excess shall require the vote or written Assent of: Members representing fifty-one percent '(51%) of the voting power of each class of membership:; Section 6. Notice and puorum'for an .;Action Authorized U—nUe octions'. an r tten not coo any meeting callea for the.purpose Bf taking any action by the Members authorized under Sections 4 and 5 shall be 'Sent to all Members not less than thirty (3.0) days, nor more than sixty. (60) days, in advance of the meeting. At such meeting called, the presence of Members or, of proxies entitled to. cast -fifty-one percent,.(511) of all votes or each class of membership shall constitute a quorum. section 7 Uniform Rate of Asaeasment. Annual Ansessmants, Camel Improvement Aaseosments an Aeconstruc- tion,:,ases6ments provided for inthis Article VI must be fixed at a uniform rate for all Lots within the proportion; provided, however, that the Association may, subject to the provisions of Section 3' of this Article, levy Special Aasesa- ments against selected owners, who have caused the Associa- tion to: incur special e.cpensea due to willful or negligent acts of said Owners, their guests or`agcnt. All installments of Annual Assessments shall be rolldeted in advance on a regular basis b the Hoard of Directors* at Such frequency ail the Soardtime. shaequen ll determine from time to Section 8., wite',of Commencement of Annual Assossments:::'Due Date. The Annual Assessments provi a for heroin Shall commence AS to all Lots on the first day of tha month following close of escrow for the vale of the first Lot pursuant to la Final Subdivision public Report for the The first Annual Assessment shall be adjuated according to the number of months remaining pruperties issued by the California Department of Real Eatate.. in the fiscal year ,as Set forth in ;the y-iawd. The Board of Directors shallII 5 fix the amount of the Annual Assessment a ins't each Lot at least thirty (30) days in advance of each Annual Assessment period. Written notice of the Annual Assessment shall be sent to every owner, subject thereto. The due dates, shall be estab- lished by the Hoard of Diiectora. The Association shall, - upon demand, and for a reasonable, charge, furnish a certifi'- signed by an officer or agent of the Association, sat - tato ting forth whether the aasessmants On a specified Lot have Ms ,r j, been paid: A properly executad certifit:ata of the Associa- tion as to the status of assessments agilinst a'Lot is bind- ing upon the Association as of the dat of its issuance. Notwithstanding any either provision of this Declar- ati6b.., until (1) a notice: of completion of a Dwelling Unit has been recorded, (2) or on(!,,hundred twenty, (120) days from the .date of issunnce of a building permit for the Dwelling Unit, whichever Occurs first, each Owner (including beclar- ant) of a Dwelling Unit shall'be exempt from 'paying that portion of any Co'csan Assessment witiclt is for the purpose Of paying expenses and reserves directly attributable to the existence and use of the Dwelling Unit. TheBoard of D The shall cause to be prepared an annual bTirectors ce sheet and operating statement reflecting income and expenditures of the Association for each fiscal year, including deposits in and Withdrawals from the Common; Area Reserve Fund and the Operat3,ng Fund, and shall causo`to be distributed a copy of each such statement to each Member, and to each 'first Fortgagee who has filed a written 'request for copies of the same with the board ,of Directors,, in the manner provided an the Sy-Laws of the Association. At least sixty (60) days prior to, the beginning of eachfiscal year, the Hoard of Directors shall prepare and distribute for the approval of the membership of the resociation, a written, itemized estimate (budget), of the expehses to be incurred by the Association during' ouch year in performing its func- tions under this Declaration (including a reasonable ;provi- Sion for contingencies and deposits into the Common Area ge- serve Fund, less any expected income and accounting for any surplus from the prior year's respective Pebblewcod Pines Maintenance ,Fund. Each Annual Assessment shall constitute an aggrs+, of separate gate assessments for each of the Pebblewood Pineau Maintenance Elunds, reflecting an itemization of the amounts assessed and attributabld to prospective deposits into the Comma Area Reserves Fund, the Operating Fund and any other Pebblewood Pines Maintenance Fund established,, by the Association. If the estimated sums prove inadequate for any reason, in- cluding nonpayment of any Owner's Annual AsSesament,,the A4. sociation may, at any time, levy further Annual AeSessmenta, Subject to the provisions of Section 4 of this Article, for any of the Pebblewood,Pines Maintenance Funds which shall be at- Bossed equally against the owner of each Lot in the Proper- ties. Each installment of an Annual Assessment may be paid by the Owner to the. ASsoc ation in one check or payment or in ,. Separate cheeks, as, Payments attributable to deposits into specified Pebblewood Pines Maintgnatice`,Funds. In the event tbat any installment of .an Asulual Assessment payment is 1636 than the amount aasessed`and the payment doe's notspecify Pebble= wood Pines Maintenance Fiat%ei or Funds into which it s5; :sld )>e de- posited, the receipt by T s Association from that Otmcr shall be credited in order of priority first to tho Operating Fund, until that portion of the ;Annual Assessment has been satisfied and second to the Common linea Reserve Fund. h� A, 6AW + v pT'go, alw- NJuy3"r' i j Section 2 Notice of Adsossment. Ro action shall be"broug t to foreclose SaidaaaasaMant lien or to pro- seed under the po+aer of sale herein provided less; than thirty (30) days after the data a Notice of Assessment is deposited in the United'States Mail, certified or registered, postage prepaid, to the owner of said Lot, and a copy thereof is re- corded by the Association in the office of the County Recorder inwhich the Properties are;locatedt said )iotice'of Assessment must recite a gcod and sufficient legal description of, any such Lot, the record owner or reputed owner thereof, the amount claimed, (which may at the Association's option include interest on the unpaid assessment at ten par cant (10a), plus reasonable attorneys' fess and expenses of collection in c6nnection with the debt secured by said lien), and the name and address of the claimant. Such Notice of Assessment shall be signed and acknowledged by an officer of the Association, and said lien shall be, prior to any declaration of homestead recorded after the data OnL Which this Declaration £a recorded. The lien ohall continue until fully paid or otherwise uaatisfied., Section 3. ForeclosureSalc. Any such sale provided forr is. to be con ucta y e Board of Directors, its attorney or other parsons authorized by the Board, in accordance with the provisions of Section 2924, 2924a, 2924b and 2924c of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and dead of trust, or in any other manner permitted by law. The Association, thiough 4uly authorized agents, shall have the power to bid on the Lot at foreclosure sale, and to acquire and hold, lease, mortgago and convey the same. section 4.C�uriinn of Default. Upon the timely curing of an`p"Teia"uTt for w icR a Not ci a o£ Assessment 'was filed by the 1�asociation, t officers thereof are hereby ' authorized to ssocia;io appropriate Release of Lien, upon payment by the defaultinggowner of,a reasonable fee, to be determined by the Association, but not to exceed Fifty Dollars (650.00) to cover the cost of preparing and recording such re" lease. Section 5. Cumulative Remedies. The assessment. lien and "the r g to to foreclosure an sa a` thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may Have; hereunder and by law, including a suit to iecover A money judgment for unpaid assessments,.as above? provided. Section .6 Mortgage__Prot�ectioonn. NoWithbtandinq all other provisions- hereof, no xon cT renceri-under this Article V,11i nor any Ibreach of this'Decliraticrs, nor the enforcement of any provisions hereof shall defeat or tender`ii+val d the ;. ights of the Beneficiary ;under any recorded first Deed of Trust (meaning any deed of 'trust with first priority over other deeds 'of trust) upon a Lot iaade in good faithand for valuci provided that after such Beneficiary or soma other Person obtains title to such Lot by judicial foreclosure or by means,of the powers set forth,in such Deed of Trust, such Lot shall re- main subject to the Declaration and the payment of all 'install-, accruing subsequent to the 'Sate bents of assessments such Beneficiary -or other Person, obtains title. C7! -16- ' n,wo.. "Ounv.i. weave � ww*r�xs �L:. r 'A 1r1, r ARTICLt Vill ARCHITECTURAL CONTROL The Archi- Section i. Members of Cot oika°°•is Declaration ---" " sometimes .referee emlyeza. The shall consist of three (3) m tectursl CommI.Iten, dieted by be apPBox as the "committee"r initial it, of tha Committee sh. Routeall 299, ROad�r whose businessaddress following iSubiocha to tp° Doclarant, 95963, erla at 25, Orland, drift of tho-membezn Declarant shall have the r go eMe et provisions, z All times to appoint" and remove vacaanCY f ouch or to fill Any the O, a£ the Committee of:thc Lora aubjact to thief (90 deeds shall b° until the °turnovet date"'io osebof p, deeds recorded ( l - either il) ninotY a Declaration have been aold And years to )Ott data of (5) Y, r the, or (2) fiVthe esczow")� one (l) Yeas F ina asuancaessf whichovnr occur8ieazlfor.Commencing Otha (first Lot Properts ,„escrow close than a Dsvelopink from the date of one (1) ofchaser (other in the properties to a pthe Power date. Thereaft°z� the Hoard shall have pall from Declarant, of :member to the Committee, until the turnover riot and remove have the power to app ointed to the COM- ` the Board shall o£ the A980- the members of the Committed. Pertho sona app Dthe A980 ahall be by the to the Committee om Ipby mittee ersod appointed ciationr but Persons apP be ltnmbera of t�tl pfomulgatonroadonable CommitteeArds need not have the right and duty reczueat made pursuant to Chia to examine an plans conform against which the ro osed Article, in order, to ensure that the p L3 materials. exterior design and existing to the COMMittee may deaigrtaka harraoniouaiy erties. The mayj from and of the buildings in the PropI i from time to representat ve and appoint,a eaidiCotamittea o£ the memo repreeentatbd� na denotsbe,aaed a majority time, rove or replace such representative of the Committee 26AY Such representative must b itttol COAbititetle but member of the Committed. lana by the suited prior to disapproval of any p royal oz the tbedfinal.ith respect ko the aPp the decisib thereof shall _61 disapp Section 2. Review of Plans anII S ecificatiaons6w 'The Commute° consider an act upon any an a i. omntimeito and ,specif cataoper£orm such Otherfor tdutiees approval Deelaratio the Board, inchiding'the time shall be assigned to it byre ress to assure its conform- inspection of construction in p g.. ion by the 'C°m ante with plane approved aeaoration,credecoration alteration, addition, modification, the P ecificationa or recoitstrdcttion Ontainedpzuntilnthe nF ana and specific , be'commen tY►n nature, kind, shape,, height have been a therefore showing b the Committee' color, materials , too and approved in and epecifidationS muted to the COM:hit The address for submiseion of such pllaca of business of the addrrsss of the principal p in the 13y-Laws. G ` shall be as Further provided the Asooc anon,. roVe plans and Wdtfdnatructionbi alter Oz doicmittee`aha11 ida aPP deems th in tha locations its approval only iE it thereby tions oz additions contdmplated -17- 8: Md. «yY.ibr n . - indicated will not be detrimental to the appearance of the sur-' rounding, 'area of the Properties as a_wholn, that the appear- anco of any structure affected thereby will be in harmony with the surrounding structures► and that theConstruction thereof will not detract from the beauty, wholesomeness and, attractiveness of the Cotrmon Area or the enjoyment thereof .by the Members, and that the upkeep and maintenance thereof will e a burden bm the Association. The Committee may com s not it . specifications :sand s condition its approval of proposals of plan P for any Improvemont,(1) on such changes therein as it deems appropriate► (2) upon the agreement by the persontreferred to in this Section 2 as applicant') submitting the '84=6 to grant appropriate easements to the Association for the maintenance, of the Improvement, or (3) upon the 'agreement of the applicasit the Association for the cost of such maintesanceir to reimburse or all three, and may require submission of additional plana and specifications or other information prior to approving or disapproving material submitted. The Committee may also issue rules or: guidelines setting forth procedurea for the'sub- ruled or, f plans for approval, requiring a fee payable to the Association to acompany each application for approval, or Additional factors which it Will take into consideration in reviewing submissions. The committee may provide that the amount of such fee shall be uniform# or that it be determined. inany other reasonable manner, such as by the reasonable cost of the. construction, alterations or additions contemplated. The Committee may require such detail in plans and specifica- tions submitted for its review aeit deems proper, including, without limitation, floor plans► site plans, drainage plans, elevation drawings and descriptions or samples of exterior material and colons: Decisions of the Congnittee and the rea-` cons therefor shall be transmitted by the Committee to the applicant at the address set forth in the Application for approval, within thirty, (30) days after receipt by the Com- mittee of all 'materials required by the Committee. Atte deemed plication submitted pursuant to this Section 2 shall be dee approved, unless written disapproval or a request for additienal information or materials by the thirty (30 sdays afterill have bthe data mittcd to the applicant within thirty (lication or additional of receipt by the Committee of such app el. information. Section 3: Meetin a of the Committee. The Com-' to aittee shal meet rom time to t e as necessary pezforsri The CcmLitt,Be may from e to e, its duties hereunder. unaniidslim y adopted in writing► d ignatt a by resolution Committee Representative (who may, but need not, be one of. or any duties for its members);to take any action perform on behalf of the Committee, except the granting of var- In; the and iances pursuant to Section 8 of this Article VIII. designation, the veto of any absence of such constituters of the Committee taken without a meeting, an act of the Committee. Section 4. ftp flaiver of Future Approvals. The approval ofii- t e Coruaittee to any proposals or pans and ape- Work done or-proposed or in cifications or drawings for any connection wt)i any other matter requiring the approval and to constitute consent of, the Cofmnittee,'shall not be deemed right to withhold approval or consent as to a waiver of :any -10- . ivtor. seater. f(IRN• A, NGIlIri71MLK . ..- i. '' '. Awl p�� uw GA.ro►�hOM „`)nr� ' 4 MAE rx ' any similar proposals, plans and opacifications, drawings - or matter whatever subsequently, or additionally sdbmtted for approval or consent. " Section 5. compensation of members. The mem bens of theCo—r`vaittee shall eceive no:compensation for ser - vitas gendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. Section 6. Correction of Defect a. Iceed tion of work and correcat on of ects ere n shall - _ _ proceed as follows (a); The Committee or its duly author- iced representative may at any time inspect any Improvement for which approval of plans, is required under this Article VIII, provid- ed, however, the Committes'a right of .that inspection of improvements for which plans, have been submitted and approvod shall ter- minato sixty (60) days after auch work of " Improvement shall have been completed and the respective (finer shall have given writ - ton notice to the Committee of such comple- tion. The Committee's right: of inspection shall not terminate pursuant to this .para- graph in the event plans for the work`of - Improvement have not previously been sub - ' nutted to and approved by the Committee. If, as a result of ouch inspection, the Committee finds that such Improvement. was. done without obtaining approval at the plans therefor or was not, done in substantial compliance with the)plans approved by the Committee, it shall notify the Owner in writing of failure to comply with this Article'VIll within sixty (60) days from the inapoctions specifying the particulars of noncompliance. The Committee.ahall have the authority to requite the Owner to take, such action as may be necessary to remedy the noncompliance. (b)If upon the expiration 6Z,sixty (60) days from the date of ouch notification, the owner ahal] have failed to remedy such noncompliance,' the Committee; chill notify the Board in writing of such.failure. Upon notice and hearing, ad provided in the By - taws, the Hoard shall determine whether there is a noncompliance, anis, if so, the nature thereof and the tiesmated cost of;correct-� ing or removing the.samo: If a noncom pli- r ante exists; the Owner ohall remedy 'or remove the same within a period of not mord than forty-five (45) days from the.date that notice of .the board ruling is given to the . Owner: if the owner does, 'not comply with the Board ruling withih such period, the Doard, at its option, may record a notice C7 , MAW; '00 rmx. .. '.MUNI* 11'MCKITIMIl'. --------------- , of noncompliance in the dffica`of a e''doulyy Recorder, of Butte County and may Prov ea remove other- remove the noncomplying wise peacefully remedy 'the noncompliance, and the owner shall reimburse the Associa- ticn, upon demand, for all expenses suc ansescurrod in connection therewaid•by the Owner 0 the aro not promptly rep a,gpecial Association, the Board shall levy it for reurse Aasessment against such owimb ment as provided in this Declaration. The right of the Association to remove a:noncoasr plying Improvement or otherwise remedy the plycompliance.shall be in addition to all other rights and remedies whish o=°iatim his- tion may'have at law. in_aqu Y Declaration. (c) If far any roason the Comsittee fails to notify the Oner of a and apny p�vec Ii- ance with previously_ plans within s xty (bd) days after receipt of said written notice of completion from the owner, the Ymprovcment shall bet a66_ttod roved pians. to be in accordance with said app Section 7. Nonliabilit .of Committee t4Qmbeerms• Neither Dec aranti t e Comm tteo nor any 'Mitte to thhe Board etAsuociat Lheir duly a orrtaeany. ernfr. s axising out of or in,any way connected lana, 'damage or injury with the performance o£ the Coaaaltteo#e duties hereund°rj unleas due to the willful misconduct or badrovotor disapp the Com- as mittee. The Committee shall review and app _ allp to sasubm taedsto it olely on thexbasie ofda°ath°tic°consider- ations and the overall benefit or detriment whir h would xThelt to the and the immediate Vicinity and the properties generally. Committee shall take into consideration tt�o aesthetgc la»aeta of Lhe architcdtural designbi placement of building > ocaping,oc, The�CoxmmitteaIsiniaboa approvalnor disapprovald similar featur shall be based solely on the considerations ott be forth is Chis Art1c1°"Visor shall itshe a pProVaitted ehi oflany plan orgd signie for'reviewing#no o£, any plan or design from the ,atand- be deemed appr6va point of structural safety or conformance with building or other codes. author Section S. variance. The Committee may ize variances ectural rem aompliance wi-in any °f without limitation. provisions of this Declaration+ including restrictions upon height, size, floor area or tdeo su structures, or similar restrictions, when circumsstheoicsorh as topogxaphY, natural obstructions, hardship, enpiranmeaphY consideration may require, Such variaeas o must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall ,became effective upon idcordatioz£iouch¢v riancesfare granted Anooviolation, Butte County. -20- . _ .ULOK Odie CMi.Y, 11d.�T�4 r Of the covenants,; conditions and restrictions contained in deemed to have occurred with respect this Declaration shall be to the matter for which the variance was granted- Tho grant- any of the ing of such a variance shall not operate to waive terms and provisfans of this beclarati°n for any PUVPoae provision except as to the particular property and particular the it in l , nor aaiittii i hereof coveted by variancecomply allagovernmen affect way the owner s obligation to his use of the premises, in- laws and regulations affect ing eluding'but not limited to zoning ordinances and, lot set-6aek municipal lines or requirements-,imposed'. by any governmental or - authority. ARTICLE IX MAINTEFIANCE AMD'RtPAIB OBLIGATIONS Section 1. Maintenance Obii ations of Owners. Subject to t e uty of. the Assoc at on to p2 of this Declar- in Article IX, Section roof a or mclar tenancn as provided ation, it shall be the duty of each framer, at his sole coat of this Declaration and expense, subject to the provisions regarding Architectural Committee approval, to smaintain, his exclusive repair, replace and restore arc=s subject to and attractive condition, dub- control, in a ne&t, sanitary ject to, the approval Of the Association. Areas subject to shall be to de. t the and All, glass'portions C ` notlbeiliaiiner tedrol to,�theinterior of the Owner's Dwelling Unit and the landscaping and yard nce Areas) areas (with the exception of the LandaCaporrtlalontoEathn Common 'individual Owner a Lot. If any p on that Area has been included within the fenced patio or yard area of the Common Area So in- an Owner, said Owner shall maintain a of his hot. and an easement for cluded as if it were part such encroachment shall exist as provided is Article XV, Owner to maintain and re-7 Sectionr8, Upon the'failuze of said his exclusive control. the Architectural areas subject to such Comimitteo shall have the right, but not the dtityc to make df and the seat thernaf repairs; or to'perform,such maintenance, bra charged to the Owner, Said cost shall be a Separate ''�,�- in the sawn shall Assessment and shall;create a lien enforceable forth is this Declarations mansser.'is other assessments as not Section 2.'' Maintenance Obli ations of Associ- fn any way ation. iio provement, excavation or wor w fc a ters ;the Common Area. the Landacapa Maintenance from their` existing Areas or the Structural Maintenance Areas area is_conveyha by Declarant to state on the elate any such the Association or a purchaser of a Lot shall be: made or ociation or its author- Assject done by any person other than the Subto the provisions of Section 1 of this e asnd agents., Article, the Association shall maintain, or provide for: the improvements maintenance of all of the Common,Area ;aid's(( including recreational facilities and private 'streets thereon, in good risewisso pX�Qriornmaintenancenandhminoall and parl4ng ateap, provide for the painting, for the Structural Maintenance pair and replacement as necessary, commonly metered utilities, and,thn intThe Assoc exterior Association Areas, of the °Cowman Area facilities and Buildings. Thn Eor the `maintenance and replacement of shall alba b.e'respansible Shrub§, ve etatfon,'walkways, irrigation systems and Landscape Main- Sr trees, other landsaapinggl;dprovonents located on the with the exception of the Landscape tenance Areca. owner 'shall maintain,,repair and replace tenanco Atens.nach as in } the landscaping. located on his individual Lot provided All of the foregoing obligations of, the Section l hereof. Association shall be discharged when and in Such manner as the determine in their Board of Directors'of the Association shall Judgment to be APpropriate. . n.wewn r=-21- . . a rcKrtt�iu r lir 01 �i Damac)a :incl Dastructon Affectin Section 3. Lots -nut to Re6u id. 'Ii"-aTi"rrz any per on o any damaged e nit or dostroyed by fixe"or ot2iaLot.br Dwelling Unit to zbe the duty of the Owner a£ said 0rcasual1 Unit to ebuild, repair or reconstruct said ImprovesaOn S in a'manner which will rostoro_them substantially to their &ppearance and condition imiuediately prior to the casualtyl provided, however► that if the Association an is ancO taining a`blanket policy of casualty insurance in accordance with Article XII of this Declaration, then it shall be the duty Iof the Association to make such repairm. Section 4. Varianre in 'Exterior A earanrea and. Desi h. Any Owner who as Su ora amage may app ,Y approval to the Architectural Committee for reconstruc- or tionr'rebuilding or repair of his Dwelling Unit is a manner appearance and design which will provide for an exterior different from that which existed prior to the date of the approval shall be_madn is casualty: Application for such writing in accordance with Article VIII hereof. Section S. Time Limitation. The Owner or Donors of any T_Lot or Dwe nq Un t,_the Association and Coumittee shall be obligated to proceed with the Architectural nd the all due diligence horeunderr a.responsible party shall six (6) months after the d= dommonce reconstruction within ago occurs and complete reconstruction within one (1) year, unless prevented by causes beyond their after damage occurs► reasonable coatrol, _ _ 71TtTICLE X . USE RESTRICTIONS. The properties shall be occupied and used subject to the following limitations and restrictions, subject to Sacti'on 11 hereof,, the exemptions of Declarant -in Section 1. Sin le 7amilY Residence. Subject to Section o -t a Antic a x, sacci LO e�al�ba used as a residence for a Bingle fam+ y and for :►o other purpose- Section 2. 1Business or Commercial TctiVit Subject to ect on of thin Arctic a x, no pare oE�*.r�c rd used caused to be or or ,used erttes shall everI. be £lOzow or authorized is any way, directly or indirectly, , any mercantile► atoning. business, to— ial.;manufacturingr busi=es or okher such nonresidential purposes= except Declar- _ r otheFor esore ant, its or assigns, may use the properties home site; and, display and sales office during this a mcces odel ccnatruction and sales period in accordance with Article iZfr this Declaration, and excepting professional Section l(i) o£ and adrainiattAti"ve occupations without external evidence occupations are merely incidental thereof, for so long as such to the, use of the Dwelling Unit as a residential home. section 3. Nuia ances. No noxious or offensive activity (inc u ng ut not >tc to the repair of motor vehicles) shall be carried on, in or upon any Lot or the be done therein which may Cammon Area, nor shall anything do,to an be or become hias an ueonable annoyance ora slniinited toy including not other owner. No loud noises, excessive barking of dogs or playing of music systems, or the Propertied, and, the noxious odors .shall be permitted ori -22- •ou+ow eume MCIgT 1CR - VV d1�,1 �� @ Y Olt r - �r rini Bot2► tof he HLaw3rifsanXlhaVa noise,todor or activity orht Wdet`enthe nsalsrceaco, wi X odor ss activity constitutes a nuisance- with, such noise, bells i .other Without limiting the generality of, any of tho foregoing phdr signs, no:exter£or speakerar horns, whistles;. d°vices (other than becuc tsmokaycvehicles largos used e power sound for security purposes) „noisy Unlicenseddnablyr£nterfererwlth equipment or largo power which vehicles or other items which may Owner in the Properties, television or_radio reception of any artan of the Properties, shall be located; used or placed on any p shall, to the view of other Owners without the ,prior or of the Architectural Committee. written approval Si na.• No sign,, poator, diaplayi section , i-�110 d°vico of any kind shall big. 'oro °rublicrview on 'of the Properties billboard any portion OachtDwollhing tbi displayed to, the, p Onitr Lot, without the Pi or any n, signofor tectural Committee, exceptthirty-six inches than sigh taenoiortp (18 ") by Or of not more an 4 (36"), advart£sing the p p ' forDeclarant,ita auccessnra of sizer u -ed by during construction signs, regardless or assigns, to advorti6d the Properties and Dale,pariod Parkin and Vehicular Restrictions. - Section S. store or oep;any v0 c O ex designated therefori wO No owner o a Lots all Po cept wholly within a parking area vehicles the extent of the maximum designed, at ing s all owned, operated or controlled by No Owner shaU park, within such owner's enclosed garage. or atreet (Public or private) store or keep ,on any Proper vrithia tl►o Properties ,any largo coucnerciaaytlrelceokcdelivery truck, oil or g t- (dump truck, cemant-mixer on) exceeds thhree-quarter ruck or any truck which e ) (eiusipar any recreational vehicle trailenitr,sboat,talicragto busy trailer, trailer conchs camor p e11 le veh£nee to bo anwLashre by mobile homemab operale or deemed equipment, except wholly within a fully enclose8 ljardsge, spnCo;s° Occupied »• the Hoard, yrag0 and then only to the extent that the g required by such Owner to accommodat Ite his repairs or is not vehiclad. NO owner of a L�cliot vOhialsjll cboatjatraileren restorations of any action of any lLot or pnajor On, aircraft or other vehicle . ypwithin th0 Gwner'a garagej upon the Common Areas rovi.ded, how - door in 4 P and then only when the garage be if ever, that such activity shall at no 1'ime b0 permitted by the Board or its itgeno to ba s nue Plevi. 1t is determined used. Garagesrahall be uaedefordp b0ingin losed, except f to uthok uses. whileeth0 garag°slare garage purposes only and shall not b0 converted ;mal Restr£otion's. No, arsimal's, Section 6. ATS o , any nrsliall be raised, 'usual t1 es or you 1£vest6cki sop Lot or the Coon Area, -except bred or kept on any; fish birds and other houselto,ld and ordinary dogs► cats, an Lots subject to rules and regulattkie Provided that they aro sat k<sPt� pets may ba kept in unrb'Ico aan o adopted by the Aasociation� Declarationea un "unreasnnable.quan• brant Sk tioaintained dein this qAssocPets',per times' ahill ordinarily mean mosso than two (2)` that this a O to household, provided, however, hocatity PO, Architectural Covmi tteo or.Luch other P -13- �s k .I` Y ''MWI. i Nu ( �' i zi tris Association may fxott time to time dosignate) may determine s m inatallod bay be -more or less. that that ociation number in any Association, acting through the Board :of Directors,, shall which have the right to prohibit maintenance of ;any animal in the opinion ;of the Board, a nuisance to any constitutes, other Owner. Animals belonging to Owners,. occupants or invitees within the properties their licensees, tenants or kept within an enclosure, an enclosed yard or must be either on a leash being held by a person capableof controlling be maintained that the the animal. The enclosure must so animal cannot, escape therafrom,and shall be subject to the any animal approval of the Architectural Committed. Shot-ld 'n be found unattended out of the enclo- t o an Owner i _ beton _ _ g f surd and not being' held on a leash by a person capable o by any controlling the animal, such animal may be removed to a pound under the jurisdiction Member of the Association of the public entity having p,•risdiction and subject to the to a comparable laws and rules governing said pound$ or, shelter. Furthermore; any Ownar shall be absolutely ' animal liable to each and all remaining OWnersr their families, tenants and i.rvitees, for any unreasonable noise guests, brought or damage to person or property caused by any an or by nambers of hie or kept upon the Praparties by an OWnnr or his guests'! and it shall be the abso-, family; his tonantt lute duty and responsibility of each such Owner to clean up after such animals which :have used any portion of the Common Area, section 7v Trash. No rubbish, trash or garbage or other nal sWKITbe kopt or permitted upon any waste mater in containers located Lot or Common Area, except sanitary in appropriate areas screened and concealed from view. Zn no be visible avant, shall such containers be maintained so as to neighboring Lot. There: shall be no from Couaaon:Axea or any exterior fires whatsoever except barbecue fires contained designed in such a within receptacles therafor and fire pits A fire hazard. ho manner that they do not create or household fabrics shall. be hung, dried or aired clothing in such a way in the Properties as to be visible to othez shrub or'tre¢ clippings or property, and no lumber, grass, plant waste, metals, bulk material or scrap or refuse or trash on shall be kept., stored or allowed to accumulate any ;portion within an anclos¢d,structure.or ap- of the Properties except propriately screened from view. No weeds, diseased planta insects or plan diseases or needs infected with noxious shall be grcwn,placed or 'permitted to accumulate upon any Lot which, in the opinion of the Architectural Committee$ unreasonably unsanitary, unsightly, renders any such Lot or.detrimental to any Lot in the vicinity thereof. offensive Zn the Event of the failure of an owner to comply with any this Section, the Association, acting Of the requirements of through its agents, shall havo the right, after, 'authorized notice and hearing, to enter upon such -owners Lot and re- debris, objects or move all such weeds, plants, rubbish', and do all things necessary to place such Lot and materials any improvement thereon into compliance with the requirements in connection with.suci entry - of this Section. Any expenses and activity shall be rimbursed to the Association h removal as a:'Special Assessment which shall become a ,lien upon thee 'offending Owner, as provided in Article VIZ of , Lot of the this: Declaration.- tv -2!- ' ►ut.o►. Roiam�a. eu�nr r wtKint��ac 44 , t. Sectibr, 9View obstructions. No fence, hedge, feet 01) -'Sing instrumento ty aver six Fall or at,;er di shall 'the on which it in height measured from ground as be at naintained bh.any Lot except as Declarant constructed ,any fence in May' Vary or exceed said height or location Of accordance: with its architectural plane. Section 9., Tempora Buildings. No outbuildinoj basement, tent; sTack,shed+or o er temporary building or kind be placed Upon any, portion of Improvement of any ;shall the Properties either temporarily or permanently. Na garage► trailer, camper, motor home or recreation vehicle shall ba in the Properties, either temporarily used as a residence or pernsaaently. Section 10. eomon Area Facilities. Nothing . Cnor 'remove ram the Common shall be altereJ or construct; Landscape Maintenance Areas, except upon the written Area or - consent of the Association.,. Section•ll. DeclarantAxe" tion. Declarant or its successors or assigns wZ un a d tha work of constructing Dwelling Units and developing all of the Lots included within 'the Properties. The completion Of that work and sale? Trental and other disposal of Dwelling Units is essential to the establishiaent and welfare of the Properties as a residential. community. As used in thisrSection and its "its successors or adsigns"speci- - subparagraphs, the words fioally do not include purchasers of 'Lots improved with cam- pleted Dwelling Units,, Subject to the express provisions of Article ZI, Seatibn 1(1) of this Declaration, in 'Order that said work may be completed andthe Properties be established an A fully occupied residential community as rapidly as poo Bible, nothing in this Declaration shall be 'understood or can ;trued tot (a) PravenC tpiarant, its successors or assigns, or its or their contractors or sub- contractors, from doing on any Lot owned by them whatever they determino to be necessary or advisable in connection with the completion of said work, including Without limitation, the alteration of constructionCslans and designs as Dealarant,'deems :adviaablo in the course of developments o= (b) Prevent Declarant, its successors, assighs, or representatives, from erecting, constructing and maintaining on Any Lot, or portion thereof, owned or controlled by Doclarant, or its succesddea or assigns or its contractors at subcontractors, such attuctures be reasonably, necessary, far the conduct as may of itis at their business of,, completing said wo.-k,'and establishing the Piopertiea as'a residential community and'disposfng.of the same in Lots by sale, leaSo-or-otherwise! or (c) Prevent Declarant, it's successors or assigns, or its contractors or subcontractors; from' conducting on'any Lot, or, any portion thereof, owned or controlled by Declarant'M or its successors or assigns, its or their business of completing said'wbrk and of establishing the properties as a residential community and of disposing of the enure in parcols by Sala, loose or otherwiaei or -25- ... S, A LA ""Oft i Aw �'ob+ =r�V�,'!,: d v'k W....,a .�n71....b`,k^e t1 ., vl..n .. wi7AA' "�'..xx .+±.w"..'X.;r« F « :• . . . , (d) Prevent Declarant, its successors or assigns or its contractors or :subcontractors, such or :signs on any Tots from maintaining .sign owned or controlled by any of, them as may be with the sale, lease necesary in connection s of the Properties. or other' marketing S Section 12. Antennae. No radio station, rCs" or shortwave oparapors of an- yTc�nd shall operata from any Lot or, Dwelling Unit unless approved by the Board o£ Directors. With the 69ception of a cable or master antenna system ("CATV/MATV")r no exterior radio antenna, television antenna, "c8" antenna, or Other Antenna of any type shall be erected or maintained in the Properties Without the prior approval of the Architectural control committee. The may cause a CATV/MATV system to Declarant, at its expanse, be installed upon any Lots in the Properties, and the choice of the Lets, or Common Area to be used for such installations shall be within Ddolarant`s sole discretion. The repairs maintenance and replacement costa of any auch CATV/MATV system shall be a Common Expense included in the assessmemts made by the Association. Section 13. Insurance Rates. Nothing shall be done or kept"— n c�ia Propartses w is Hail, increase the Trate of insurance on any property insured by the Association without the approval of the Board, nor shall anything be done or kept in the cancellation of in the properties: which would result insurance on any property insured by the Association or which Mould be in violation of any law. Section id. DrillinNo oil drilling, oil - operations, n;.. retyningr quarrying or misting development operations of any kind, aNa 1 be permitted upon or in any or i4neral excavations Lot, nor shall oil walla, tanks, tunnels permitted upon the surface of any Lot or within be pe or shafts five hundred fifty feet (550')'below the surface of the Prop- designed for use its erties. No derrick or other structure oe natural gas shall be erected, main- boring for water, oil tained or, permitted upon any Lot. Section 15. Further. Subdivision. No owner shall toti however, that . further patter on or subds.v e ► s this shall not be construed to limit the right of an provision Owner (1) to rent or lease all: or a portion of his Lot by means to the restrie- Of a written lease or rental agreement subject Declaration, so long as the Lot is not, leased tions of this for transient or hotel purposes (2) to sell his or hear Loti or, to be (3) to transfer or sell any Lot to more than one person tenants-in-common, joint tenants, tenants by- hold as community property. The terms of any such thedeby ntiretm or lease or rental agreement shall be aubject in all respects to Declaration and the By-Laws of the the prov sions,Of this Association, and any failure :by the Lessee of such Lot to com- the pIy with the terms of this Declaration or,the By-taus of default under the lease or rental Association shall.constitute.a _ Agreement. Section 16. Drainage and Landscape. There shall be no interference with t e establishedrainaga pattern over the Properties 'unless' an adequate alternative Any Lot within provision is made for proper drainarje and is first approved in writing by the Architectural Committee.-'For the purposes hereof, "Established" drainage is defined as the drainage rUMlr a McRITT"ICM ♦ ur Sorra4at1a1 ,. - vt M ': 4 ' � irw� �i+jiwuLL � • r f u u e S..0 •.MXSr _ i i whichst the time that such Lot is conveyed, to .a ifrom beclarant, or that which is shown on, any pchaselans approved by the Architectural Committee, which may include drainage fro= the common Area over any Lot or Lotti' in the Properties, Unless first approved in writing by the Architectural Control Committee, no Owner shall (1) plant any tree Within his fenced patio or yard area where the distance between the oentar of the tree trunk and any wall ;or fence is less than three (3) feett or (2) plant, alter or maintain any portion of his Lot Which lies outside of the fenced patio or yard arda. Section 17. WaterSupply Systems. No individual Water suppr; aewage disposal system, or Water softener sys- tem shall: be permitted on any Lot in the Properties unless such system is designed, located, constructed and equi,PPed in accordance with the zequirements, standards and recommen- dations of Any applicable water dintirict,_the Butte County Health Departnont, the -Architectural Committee, and Ali other applicablo governmental authorities. Section 18:. Violatien_of dovnrnin instruments. There shall be no violation ox the rests ct ons o a Doclaration or of the rules and regulations of the;,Associa- tion adopted in accordance with the provisions of the By- Laws. IE any owncr, his family, guest, licensed, lessee or invitee Violates any such xeatrictions, the Board may impose a'reasonable Special Assomlelnent upon Owner for ouch each violation and may suspend .he voting, privileges of such Owner m er as fu beer rovided in the By-Latins. Such Special le in the same manner as Annual Assessments hereunder, but tFe Board shall give such Owner Notice and Hearing before invoking any much Special Assessment or suspension. ARTICLE 21 DAMAGE OR D£STAUCIft61 x0 COMMQtAMA Section 1. Damage to or,ddmtructio;x of all y er� notvtithstanArea shall be handied'iri the. folicwing mann ding stay provision in this Declaration to .the contrary t (a) In'the event of damagd or destrtsra+.i1K to the Common Area, and trig insurance prow are sufficient to effect total restoration, 444A the Association shall cause such Common Area, to be repaired and rdconstructed substantially as it previously exmted. (b) If the insurance proceeds arc within Ten Thousand.Dollars (sio,000.do�' or less of being sufficient to efface total restoration to the Common, Area, than the Association shall' cause such 'common Area to be repaired and re- constructed substantially; as it previoltgly exioted and the difference between the insurance proceeds and the actual Dost shall be fowled as a Ra.onstruction Assessment equally against each of the Lot Owlxsrs, in accordance with the Prov- miensof Article VI, Section 5 of this Declara- tics. +firJ -x7- OUMi• PMGKITl111ClP ' r } ��MOMMEMMON MOM J - i u W If, the 'insurance proceeds are ,inauf-- ficient•bY.mare than Ten Thouasnd Dollars (510400.00) to effect, total restoration to the Co=on Area, then by Written' consent dr vote of Members representing a majority of both classes Of the voting power of the Ase- sociation, they shall dottlrmine whether (l) to rebuild and restore in oubstantially the same manner :as the improvements existed prior to damage and to raiso the necessary funds over the insurance proceeds by.lovying espial - assessments: against all Lota, (2) to rebuild - and xest:ore in a way which utilizes all, avail- able insurance proceeds and an additional amount not in excess of Ten Thousand Dollars (510100/0.00), and which is assessable equally to all Owners but which in losa_er;,ensive than replacing these improvements in substantially the same Wanner as they existed prior to being damaged, or (3) subjdct to the,proyi- ofsions oArticle XI2T, to not rebuild and to distribute the available insurance pro-. Ofeds theeLLoots equo the ally it in erecta mayers and appear., y appear., (d) Each Membar ahall be liablei to the Association for any damage to the Common Area not fully reimbursed to the Association by insurance proceeds which may be sustained by reason of the negligence or Willful mis- conduct of said Member or the Persons deriv- ing 'their right. and easement of use and on- joyment of the Common Area from said Membec, or of his respective Family and quests, both minor and adult. The Association rs- serves the right, acting through the Doaod , after notice and hearing, to (1)'detormino Whether any claim shall be made upon the in- surance maintained by tlie. llaaocfstion Arid (2) charge a. Special Asaosament equal to. the increase, if any, in the insurance premium directly attributable to the damage caused by such Member or the Persons for whom such Member may be liable as described herein. In the case of joint ownership of a Lot* the . liability of such Owners shall be Joint:anC! Several, except to the extent that the Asso- ciation has previously contracted in writing' with such joint Owners to the contrary. After notice and hearing, the cost of correcting such damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment against the Lot and may be collectedi as provided herein for tro,collection of annual` assessments. ARTICLE xIZ N INSU)tANt^E : hi Section 1. Casualty Insurance; (a) The Association shall keep all buildings, improvements and fixtures of the Co a insured against g loss or damage by fire for the full rePnlacajient valve thereof,, .. ' � rue.or, Mrx.era4 W�W� MCkIRNIt* -28- ..... _ ... .. ::. ..Ire ' without deduction for depreciations and may obtain insurance Other lalso insins no ure anY otheron may againstsuch ThettAssociationamay deem, de personal, owned by the Association,, 'Whether realeob tfire ouch other ba%4r do f. property and anon Y against ).oss or may deem desirable. %S sociation may such insurance. thessoc' inaur- the of as the owner wind beneficiary'. coverage with respect to the Common Area shall be writ-' 6acarri once dabyla ten in the %=aioff APrainiuthemsrfor�allds tinnuranoehereof to he As included the assess 'shall - the Association are co-,=on.ecPenses cd { the ASSOciatiOn• Insurance pzoceeds ments raada by iacuacnx for, the repair er zeP be! used by the As £or which the insurance, was carried, og the property In addition to casualty insurance On the 0-0 mon of pirectors,.may Area, the Association, through the Board to obtain and continue in effect, .on behalf of all ce iapPtbPrl elect _ xe ri- wneance in adequate, as the F3oardl f Directors deemsAnd s. to the full replaeemont ate in an amount as near as paepro Of all Of the structuralnportions and fixtures value, without deduction for pwelling Unitse including thereof, Owned by such Owners: Inauranae premiums front any dr insurance IAssociadoVert andlanY oa�c�°on ae mblanket iums paidibythece 't Suchon shall be included in thetho Assocjaria ofthe Assoctatioh to be ion. rssesaments of the Owners, as levied is Obtained by the nn - In the event such blafnlce$o la gaasesuch nolicy remains and:only Section 1O) of this article nceffect� the Provisions'of shall not be applicabla. AssOciation does not fib) In the event the ad pshall insure his 1,6L• and maintainAsaociown etionasthenceach Owneron ,1,y the Portions of his Unit, ingihst losseortdaningeat�tfire or by any Dwelling Dwelling unit, ag casualty, under the standard fozm of extended endorse- California or"vender such other r insurance as ua State of iment now in use in thy be required, by any'Nortga9ce of replace- .0 .,thatdea�- All such insuraric vnitsihwith�t deductionlEor of the D'aallinq yaant value preciatieni i Replacement or Re ai'r of Pro Xrt s Section 2., art o In the event'- damage to or sstructiaa of any p insurance awned by the Association, the Ale Coalmen Area facilities iCI ation:shall repair or replace the same from the revisions of ArI. tie a xx available, subject to the p fr proceeds of thin Declaration. If such inj�,raorereplace.mentrofithe to the cost of rep may make a ficient cover property damaged or destroyed, the Association Assessment against all Lot Owners to cover to anY other regular Reconstruction the insurance proeneds, in addition the inset, made against Such Lot Owners', in accordance with 5, and A;ticie Xi the aloes of Article VI, section his. tion. of this Declarq � In the event thauns onstheaLots in.the insurance on the Dwelling air nr ;epldde the same from rep ties, the Associaton shall available. If such insurance proceeds the ;insurance proceeds 'C5 24: ;rytor. Mousia'4 .. MOANS • NCkITMICk ! t it .are insufficient to cover the costs of such repair or re- the Dwelling or Dwelling Units, so damaged placement of .Unit or destroyed, 'the Board may levy a Roccnstrgctior. Assessment equally against all of the Owners to cover ouch insurance deficiency. Section 3: Liability and Other insurance. The Associations a ave the power to ands a obtain'compre- hensive public liability insurance, inciuding medico], payments it shall deem desirables and insurance,rin such liaitts as Workers Compensation insurance and other liability insurance as it may deem desirable, including errors and omissions and and officers liability insurance if 'economically Directors obtainable insuring each Lot Owner and the Association, if anyr from liability Board of piroctors and Managing Agent; in connection with the Common Asea, tha premiums for which are common expenses included -in the assessments made against the limits shall be reviewed at least annually by Oers. Such wn the Board of Directors And increased in ita diacretion. The omissions insurance or Board may also obtain such errors and insurance as it deems advisable insuring the Board and other each member thereof against any liability for any act or orris- deem, advisable sions insurance or other insurance as it insuring the Board and each member thereof against any lis- bility for any act or omission in carrying out, their obliga- from their memberhip on the tions hereunder or resulting Board or on any committee thereof. Section 4. Truster for Polities. The Associa- tion, acting through its Boar 'v D rectors,'is hereby ap- ponted and shall be deemed trustee of the interests of all named insureds under policies of insurance purchased and maintained by th'e Association. All insurance proceeds under any; such policies shall be paid to the Board of Directors Board shall have full power to receive as TrusteesiThe and.to receipt for the proceed! and to deal therewith as pro- vided herein; Insurance proceeds shall be used by the Asao- repair or repl5cement of the property for ciution for the which the insurance was carried or otherwise disposed of as The Board proviA ed in Article XI of this'DeclaratciA. is hereby -granted the authority to negotiate loss settle- ments with the appropriate insurance carriers, k0ith'PartiCi� desire, by first Mortoagees who pation to the extent they filed written requests within tet► t10) days Of receipt have of notice of any damage or destruction as provided in Article of Any two Directors of the Asso- 1 (f) of this Declaration. may sign a loss claim form and release form in con- ciation nection with the settlement of°a loss claim, and such signa- tures ,hall be binding on all the named insureds. , ARTI&I XIII' MORTGAGEE PROSECTION CLAUSE Notwithstanding any :and all provisions hereof to the' ay' in order to, induce the Pederal Houle Loan lSortgage Cor- contrar in National Mortgage Association. G poratoyi "), the Government ("GNMA")'and the Federal National Mortgage Association ("FNMA") the to. ng of the sale of Tats within participate in the financi following Proyisionsrare added hereto and to Properties, the the extent these added provisions conflict'with any o`.hor pro- shall': visions of the beclara'tion, these, added provisions control: -30- *URN* a MUN1T��c 1 71 1 " r (a) Each first Mortgagoe of a Mort- gage encumberi;Ng any Lot, at his written request, is entitled to written notifica- tion from 'ihO Association of any default " by the Mortgagor of such Lot in the perform- ance of such Mortgagor's obligations under this Declaration, the Articles. of Incorpora- tion of the Association or the BY -Laws of the Astociation,which default is not cured within 'thirty (30) days after the Associ-ation learn. of such default: (b) Each Owmer; including' every first Mortgagee of a Mortga4e:aneunbering any, Lot btains title to such Lot pursuant to whichh obtains the dies provided in ouch Mortga4e, or by foreclosure of such Mortgage or by deed (or -assignment) ,in lieu of foraclosurn, Rall be exempt from any "right of girat refusal". Eachy irst tgugee of a Mortgage _ encumbering anc) ch obtains title to Lot which such Lot ,pursuant to the remedies provided:' n :such Mortgage or by foreclosUtai of such Hortgaga, shall take title to such Lot free and clear of any claims for unpaid - - assessment* Or chargee against such Lot which accrued prior.to°the acquisition of, title to such Lot by the Mortgagee. (4) Unless at least seventy-five per. cent (759) of first Mortgagees (based, upon on vote for each Mortgage owned), or seventy- five percent (75%) of the owners (other than Declarant) have given their prior written approval, neither the Association nor the Owners shells (1) subject to California nonprofit corporation law 'to the contrary, by actor bmission seek to abandon, partition, allenate, subdivide, release, hypothecate, encumber, '$641 or transfer the Common Area and the improvements, thereon which are owned by the Associations (The granting of easements for public utilities or for other public.purposes den -4 sistent with the ,intended use of such property by the Association, or the! transfer of the I Common Area to an unincorporated assodiaticn of the Owner in accordanC9 with. the -Article. of'lncorporation of the A.aooiation,:shall not by deemed a transfer Within the meaning of this clause.) a (2) .change the method of determing the obligationsp assesaments,'iiue. or other, charges which may be levied against a Lot pj Owner; Fr'1 r0 . • F ,YLQP. Rout Ck. aulwi R'MeRYQ�'1tK'K t . • MM COYIgRIt1L'R a n v (3) by act: `or omiasicn change, waive or abandon any 'scheme of ragtulationso. or enforcement thereof, pertaining to the architectural design of the exterior appear-, ance of the Dwelling Units, the exterior maintenance of party walls or common fences and driveways, or the upkeep of lawns and j planting in .the Propertiesi' (4) fail to maintain Fire and Utanded Coverage on insurable dot=n Area property on it current replacement cost basis in an amount not less than one hundred per cent (1006) of the insurancevalue '(basad on current replacement cont)t (5) use hmiard insurhnce proceeds for las6es to any Common Area property for other than tie repair, .eplacement or recon- econ-struct struction on of such ir-,zovamonts. (e)First Mortgagees shall Stave the tight to examine the books and records o' ... the Association during normal business hours. (f) All _first Mortgageen who have filed a written request for such notice with the Board - of Directors of the Association shall be given thirty (30) days prior written notice C1) ytxior to the offective date of any proposed, material amendwent to this Declaration -or the Artiglea, of Incorporakiaon Lot By -Laws ;of tho Association, (3)'priar to the effective date of termination of Any agreement for professional management of the Properties following ,a degi5ion oftM Owners td,; assume Self-mgsiagement of the Properties, '(3) fol- lowing any damage to the Cotmiton Area whenever tha cost of reconstruction exceeds Tan Thousand Dollars ($10,000.00); and (4) as soon as�the ooaid fear" of any threatened condemnation proceeding or pro- posed acquisition of any portion of the Properties. r' (g) First Mortgagees tray, jointly or singly, pay, taxed os other charges which are in default _ and which may or have become a charge against any CommonsArea facilities and may pay any overdue 'premiums on hazard insurance`polieies, or 'secure" new hazard insurance coverage on the -lapse of a policy, for such property, and first Mortgegaas :making such payments shall be. owed immediate xeimbursomeA therefoi1rom:the Association, in addition to the foregoing, the board dtbirector!* may enter into Such ccntracts or agreemel►tson behalf of the Association as are•,requ'ired in order; to satisfy the 'guidelines of the VA, the FHA, the FHLMC, the P14MA or the GNMA or any similar entity, so as to allow for the purchase, insurance or guaranty, as the case may be, by such, entities of first Mort- gages encumbering; Lots. with Dwelling Units thereon. Hach,' owner hereb a reel that it will benefit the Associai:inn.and the mamberahg ipof the Asaociationj as :a class of potential, O47ii Mdrtgage borrowers and potential sellers of their Dwelling Unito if such ageneitts approve the Properties as a qualifying sub3ivision under thair'respactive, policies, rules, and regu- Rj lations, as adopted from time to time. -32- ruiA., W"Tor CN/W� S NC1gTTR)CK .. N+.WY1M ' saw411 .tea. a, .; �,'�1 a, ...-. i.a-...a,9Re•_x._.:N �- 4a, •`' r tr v . E ARTICLE XIV .SIMARD EASEM TS 1 Section 1. Creation of. Easementso in addition' j to the non--exc-Tusi"ve easements provided of r e$sewhere in this Declaration, Declarant hereby reserves an easement of use and enjoyment as a private sidayard area ("sideyard")-, over i each of the following numbered Lots ("Adjoining l,otn"). in the Properties: l to 4i :6 to 10 12 to 16, 20 to 26,_29 to 39 and 42 to 44, inclusive- tots 5, lip 17. 18, 19, 27, 28,, ; 40 and 41 are not so burdened and are specifically excluded from the foregoing definition of "Adjoining Lots" Lots 1, 6, 12, 25, 26! 34, 35; 36 alid 44 shall not be entitled to Side- yard] Such Sideyards, shall be for tTie benefit of the Lots in the Properties ("Dominant Lo to") adjoining and, abutting said Adjoining, Lots. Unless otherwise indicated, the Sidcyirda shall be approximately three (3) feet wide and shall extend along and from the common side Lot lineu separating the Domi- nant Lots I from the Adjoining Lots, across the Adjoining Latz, to the walls or foundation lines of the, structures as are or may 'hereafter be initially constructed by Declarant on the Adjoining Lots, as such wall or foundation lines are extended i parallel to the common side Lot line to the Exterior ayrfacw of the walls or fences originally constructed by Declarant. The approximate locations of the Sideyards in the Properties are more particularly shown and described on the Sideyard Easement Map which is attached hereto, and incorporated heroin as: Exhibit' Declarant further reserves tot the owner of 0agh Dominant Lot End each correspondingly Adjoining Lot, a non-exclusive ease- ment for reasonable ingress and egress to and from the particular Sideyard for the respective purposes enumerated inSection 2 below. Declarant further serves :for itself and for Owners of Adjoining ` Lotsi easements appurtenant to such Adjoining Lots over the respective' Sideyards located on such Adjoining Lots for purposes of accommodating( encroaclunsnt of overhanging ,eaves and ;other 1 items as initialy constructed on the Adjoining Lot by Declarant or asconstructed with Architectural Committed approval and (2) drainage over the 'Sideyards in Accordanoo with the established ' drainage pattern as defined itt Article X, Section 16. Section 2. Restrictions an Sidayard Use: Each Sideyard shall, be used ani ento lafe foo7lowifig terms and conditionst (a) The Sideyard shall be used only as a general recreational and garden area by the Luber, of thrp bomi- rant Lot, and each such owner shall,bave the right to anter upon the sidayard for such purpose. i Such pur- pose shall incitidd the right of such Dominant Lot,' owner, to construct upon the Sideyard area an uncovered concreto natio, and to plant vegetation and establish an i rion sys,,:em thdreor,, pravided such; patio and system iha11 be first avpto'Jed by tha Architectural ( Committee. The sideyard and every part ttaezea£r in- eluding any feh4e, located thereon and endlosingrthe G Sideyard and the draihage system established by De.,- clarant'as part �r`f the grading and o;iginal construe- tion upon the Adjoining tot, shall be repaired, „oM placed ani maintaiin�d'continuously in a neat, and or- derly, condition by the Owner o£ the Dominant lot., -33- "u""11 i Nt"Irmjcx '„ ... ::. '. •Law mtlMM116Y. 4 MOON,. DGD:cd_12/14/17 Fila No,6 10767, (b) The Owner of: the Lot. on Which the Sideyard is located shall have the right, at reasonablo times, upon reasonable notice,and in a reasonable manner, to enter upon such Sidoyard for the purpose of` maintaining, ' repairing or reatoring the structural: wall and appur- tenances Of his dwelling and any fence owned by hits r, Which adjoins oabuts the Sideyard:; (c) Na storage of any,kind shall be permitted in; the Siiteyard, nor shall any object or device of Any kind be' affixed to the ntruetural wall or fence on the Adjoining Lot which adjoins and abuts the Sideyard Without the prior Written consent of the Owner of such wall or fence. " (d). Except for the fences and structures estab- lished by Declarant, as part of thu original con- struction upon the Adjoining .Lot, no fence or other structure, of any kind shall be constructed within, upon or adjacent to the Sideyard, without the prior written approval of the Architectural Committee.. (e)' Each Owner of a Dominant Lot shall be•re-, quired to obtmin and continue in effect comprehensive public liability insurance, insuring against liability for bodily injury, death and property damage arising from the activities of such, OWnex an his respective Sideyard area. Each Owner of a Dominant Lot; by acceptance of a deed to his Lot, hereby agrees to h- demnify and hold the Owner of the correspondingly, Adjoining Lot harmless from any lost or liability, including Yeasonabla attorneys, fees, arising from any activity or the installation or maintenance of any Improvement on the Sideyard by such Dominant Lot Owner, ,his family, guests, tenants, invitees or agents. (f) No use of. the Sideyard shall be made except as provided hereinabove. :• ARTICLE XV GENERAL PROVISIONS Section 1. Enforcement. This Declaration, the Articles o Ini� corporation an ey�Laws be may enforced by'Any Owner- Declarant and the A b r , ssoclation (acting through the ,Hoard) as follOWes (a) Breach of any.of the 'covenants con- tained in"the Declaration or the By -Lana and the continuation'of any such breach may be enjoined, abated or remedied by appropriate legal proceedings by any Owner, by Declarant,.. o+ by the Association or by the successors in k interest of the Association.. Any judgment rendered' in any action or proceeding pursuant hereto.- r�7 shall include a sum for attorneys' fees in an amount as the Court may deem reasonable, in favor of. the prevailing party, as well, as. the amount ow any delinquent payment, interest the reon, costs of collection and court costsr � rine.. reLsro.L -34- OUR%& r MCRIRIIfpt . I��Il6�.�t.r :�; i 4 t File No. 1V767 (b) The xesult of every, act or omission contained in this whereby any of the covenants Declaration or_the By -Laws ara violated in whole declared.. to be and coi3sti or in part is hereby tutes a nuisance, and every remedy allowed by n nuisance either public law or equity against or private shall be applicable against avert' be exorcised by any Owner# such .result and may by the Association or _its succassora in interest. The emedies.herain provided for contained in this ndclahcof the covenants Declaration orin the By -Laws shall be deemed of such remedies shall be cumulative, and none deemed exclusive. (d) The failure of the Association to the covenants contained in enforca any of this Declaration or in the by Laws shall not constitute a waiver of the right to enforce the same thereafter., - (a) The Board may levy a reasonable' monetary penalty against any, Ownaro as a collectable as any other spacial Assessment asaesement of the Association, after giving of the violation and an the owner notice opportunity for a formal hraring in actor get forth in '08 dance Nith the procedure $y Laxs of the Associdtion. (f) A breach of the covenants, condi- tions or restrictions contained in this Declaration or in the Sy -Laws shall not -'affect or impssir the lion or chargee of any bona fide first Mortgage or. Dead of Trust in good faith and for 'value on any, made residential Lot or the improvements thareoni provided, however, that any gvbsequen of such property shall be bound by said cov�- enants', whether such owner.'a title was acquired by foreclosure. in'a trustee's Bela or otherwise. Section 2. Sevdrabilit . Znvaaiden dor court onby Judgment one of t hero covenants or restrict order shall in no way affect any other l)rovisions which ehall remain in full force and effect. Section 3. Term'. The covenants and reatrie- tons of s Dealaratibn--Ball run 'with and bind the Prop- the benefit of and.be enforca- erties, and shall .inuroto able by the Association or the owner of any land subject to this the'Associa, their respective legal• representatives, hairs, successors and assign s, for a team of fifty is yeas fsom the ,date this Declaration is recorded' after which conditions, reservation o£ easements, time said covenants, equitable servitudes and restrictions shall beautomatically ayctended for Duccossive periods of ten (10) Y an instruments signed by the- then Owners of a majority of agreeing to change said coxa- the Lots, has been recorded, nants and restrictions in whole or in part. DGB:cd 11/14/17 Me No 107071 Section 4. interpretation. The provisions of this Dec arataon i;'h,&l1*_&;"IIIPrarrY construed to effec-- tuate its purpose of creating a uniform plan for U•hh develop- ment of a residential community and for the maintfnanco of ' community recreational facilities and community areas. The article and sectionheadings have been inserted fcr conveni- once only, and shall not be considored or referred to in. resolving questions of interpitetation or conatruction Section�5. germination and:Amendment: Except as otherwise psovMcd in section o a Article Xly, and subject to the rights of Declarant under Article Xo Section 11, this Declaration may be amended or terminated only by 'not the affirmative vote or writters consent oflearn than seventy-five percent (7$%) of iIha voting power; & each class of Members!' provided, however, that the prior 5fipj$.ten:approval o' at 'least seventy-five percent (75e) of all .90';at Mort" gmSjeeS must be obtained also, before Aiti.cla..44 mxy'be amended. Notwithstanding the foregoing, ugti the close of any escrow for the sale of the .First Lot in the Properties, Declarant shall have the right to terminate or:modigy this Declaration, the close of escrow shall be deemed to ba the dote upon which a deed conveying a Lot is recorded in 'the office of the Butte County.Recorder- Any nuppement or amendment to this Declaration must be signed by at least two (2) officers of the Association, indicating that the requisite approvals -,have been .obtained, and such amendment of supplement must be recorded in the Office of the 1)utte County Recorder. Section 6: No Public Ri ht acL r Dedication. Nothing . contained in this Declarat on s a e docured Co > ;gift or dedication of all or any part of the Proportion to thoi public, or for any public use. Section ?. Constructive Notice and Acceptance. '--' any ignc, cicye, aores every person wro owns, occupies or acqu. other tion of the interest , estate or in be to any Lot or porr Properties deer and shall be conclusively deemed to have con - , rented and agreed to every limitation, restriction, easement, reservation{ condition and covenant contained herein, whether or not any reference to these rsstrigtiona is contained in the ocquy ed an interest,in such instrument by which such petsoli Properties or any portion thereof. Section 8. Reciprocal Easements. Reciprocal easements are ere y reservedfortne'bcneot of adjoining Lot Owners for the control, maintenance and repair of the utilities of adjoining Lot Owners. Declarant expressly reserves for the benefit of all of the Properties, the Association and the Owners reciprocal easements of access, ingeass and egress over all Lots,, and over the Common Area, for the use'and enjoyment, of the Lots and Common Area in accordance with this lleclaration, including without limits- tions; for installation gird repair of utility and CAW/MTV r services,' for drainage over, across and upon adjacent Lots resulting from the normal uso'of adjoining Lots, for Water and for mai:rri#snanca and -repair of any Dwelling Unit.` Such easements ma; be used by Declarant, its successors, purchasers their tenants and invitees, residing on and all owners, guests, or temporarily visiting the Propertiee for pedestrian walk- 03 way, vehicular access and such _other putposes reasonably -3G- : '( gtlUl••NcKtiTflOt e 1 necessary for the use and enjoyment of a Lot end the Common Area, In theeventthat any Dwelling Unit, fence or other Im- provement originally constructed by Declarant encroaches upon the Common Area and facilities' or any Lot, as a result of con- struction, reconstruction, repair, shifting, settlement at movement of any portion of the Propertiego a valid easement for encroachment and for the maintenance of the; same shall exist,so long as the encroachment exists; Declarant and the Lot tuners at each Lot on which there is constructed a Dwelling Unit along or adjacent to a Lot line shall have an easement appurtenant to said3,ot over the rot line to and- over the adja- cent Lot for the purposes of accommodating any natural movement or sattling of any Dwelling Unit located on said 7Got, any ens croachment of any Dwelling Unit due to minor engineering or construction`v'ariances, and any encroachment ofeaves, roof overhangs and architectural features as parts of the original ronstruction of any Dwelling Unit located on said Lot. SeL-tion 9i Special Provision for $n£arcemont of Certain Bo -n e3 Obligations. n e ovent at a Common Area improvements located on the Properties are not completed, prior to the issuance of a Final Subdivision Public. Report for. the Properties by the California DepArt- ment of Real Estate ("DRE"), and 1(21 the Association is ob- ligee under a bond or,other arrangement ("Bond") required by the DRE to .secure performance of the commitment of Declarant to complete the improvements, the following provisions of this Section will be applicable:' (a) The r�oatd shall consider and vote on the question of action by the Association to enforce the obligations under the Bond, with respect to any such 'improvement for which a tidtice of, Completion has not been filed, within sixty (60) days: after the completion date gpe- cified for that improvement in'tlhe Planned Con- to the bond. if atruction Statement appended the Association has given an extension in emit-, ing, for the completion of any Common Area im- provement, the Board shall be directed to con- sider and vote" on the aforesaid question, if a Notice of Completion has not been filed, within thirty, (30) days after the expiration of the extension. (b) A special meeting di,Members, for the purpose of voting to override a decision by the Board not to initiatd action to enforce the obligations Under the Bond or on the failure a£, the Board to consWer and vote on the ques- tion, shall be held nO fewer than fifteen (15) ' days notL more than thirty (30) days after te- ceipt by the Board of it petition for; such a` meeting signed by Memb.►rs representing ten percent (101) of the total voting power of the Association: A vote by Members of the Association other than Declarant shall be taken at such special meeting. A vote of 1 ■ a:mijority of the voting power of the Associa anon residing in Members other than Declarant -37- X�r4 Yi � i Two ��.iM�;q* � .. :4��.t�A+'A•-f..41hi::A:i«M...}.YM+W'�"niiWll3� .� 'w�*YryY�:�i � w,++w+�1�iM• «x. • -.-. avn .,_. wx.ivatv.....� .. �:er.L+M�w.naa DCBscd 11/14/77 e. x File: No. 10767 to take action to enforce the obligations under the Bond shall be deemed to be the decision - Of the Adsociation, and the: Board Shall thete-' after implement this decision by initiating and pursuing appropriate action in the name of the Association. Declarant has executed this b6claration on the date first written above." DORp'Tf!'� A2 IAWE _. •Declarant• '. N -39-e. iia � �+ mcxnTtbcgt AY11'/OSYOLTM r IA #�,A!" t , .