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Planning
CITY OF CAMPBELL ENGINEERING DIVISION 7PLICATION NO(S): (PLW 2M 13q1j4011W a,-► -4 fl ENCROACHMENT PERMIT NO: ENO. Q 133 ADDRESS: 2 :k W (k9 CO L) A-V 9 K!PJ2� APPLICANT NAME AND PHONE: A ELQ IZ A P�DO 1—LA-6 ( �r ;CONSULTANT NAME AND PHONE: l `1� REQUIRED RECEIVED 1. Encroachment Permit Application and Fee.....4.2W• r/ nQ- 2. Construction Cost Estimate ............... 2 10 3. Engineering Plan Check Deposit .. i/ 4.j Engineering Plan Check anfil cckon Fe �.1-15 4 Z7 11-* � 5.'' Faithful Performance Sec W ���� -6.' Labor and Material Sect Avg J.n -lp's 7. Emergency Cash Doposit �` ....... 66I21 n4 ✓ 8. Storm Drain Areae ' 9 Final Male �6S �... (�®.f i/ /�I/ox 3 10. Traffic Engineering Fee ' 35x5=�bS "s / ' '11 Monumentatiggurity - 12.. Park Impmct=Fee�,2g/,/8g'x�?�"Y� 1.��..... ✓ //� Notice of Improvement Obligations 1 (i.e. Burrows Road, San Tomas Aquino Road, McGlincey Lane Sidewalk Improvements, White Oaks Road Street Improvements, etc.) Miscellaneous Fees eucnt _ ............... NJ/A-- 4 ` ;Standard:Ageement;and Attachents................ k6. Sp`algeement-andJttacmrits ............... 7 Safem entoubdivison S ............... alllvj , .«.- 1. Security Covering SecuredPropertytTaxes�and �. I �51 Assessments'Fled w th th'e Clerk of the' B'oard_o£:Supezvsors 19. Local Improvement Districts (LIDs 27 & 30)...... tJ 1A 20 Current Preliminary Title Report Z 21 'Subdivision Guarantee ........... �22--�_Covena is `C n icon::and IAestriction ............. 23. Fictitious Name Certificate and Signature Res..... illy 0- Clearance from Lien o 2 _ g t-of--Way by Separate Instrument............... Lx 26.- -`�of1s..Report 3 ............... �..�- 27. Plans A. Street Improvements ............... ®/c B. Grading, Drainage, and Utilities............ C. Landscape ............... D. Traffic Control ............... E. Final Map ............... F. Checklists Signed by Engineer/Surveyor... J:\LandDev\Forms\Maps\devcklist.doc !/ w f�1'l � � q � r'Y 28. Non-interference Letters (NILS)/Permits REQUIRED RECEIVED A. SCVWD (Water District) ^ /� WVSD-(sewer) C. . SJWC (water) D,�- PG&EC} l/ E. SBC (phone) I/ F. Comcast(tv cable) Z.? - a� G. SCCFD (fire) H. Cal Trans ............... PIA I. City of ............... Ik J. Private ............... LV /� K. Other ............... - � 29. State Construction General Permit(SWPPP) 30.��City CUuncil--a-n-d-Planning Comm.Resolut on(s).. 31_. motility Coord%nation Plans 32-.;,:�Lefter Sfa-tmg Compliance w/Conds`�Of Approval.. �+ 3 :� Plaruung I�rvision Clearance1' ............... ��34;,�Buldng=Division=C'leara ee-(i.e:�Demo�lton)�..... �J6� 35. Traffic Division Clearance ............... tj 36.' City Will-Provid-e Escrow Defter wither cRecording_Ingtructi-ns ............... 37: Two (2)1VIy�Gopies-of Final Map-&One4(L) 8:5 x 11 C-opy shall-be providedbylQwner=� - One R_ corded`M- ylar=Copy of_the Final_Nlap, 40. Notes: A. B. Reviewed with, , on Reviewed with, , on Reviewed with, , on Reviewed with, , on Comments: Prepared by: Date: Rev.07/07/04 J:\LandDev\FonnsIA4aps\devcklist.doc A ,ram 8/14/2006 3:47PM Payment History For. + CCEL; Case #: ENC2004-00133 x Type kK Fee ID# y � bescri ae ue' 3 s: r D Pd Ch c ard to ;A PP PP 200406281347466400 Encroachment Application 260.00 260.00 6/22/2004 104 � � � � Y�. 0 00 4 168156 JD 0.00 Fee PCDP 200406281348112460 Plan Check Deposit 500.00 500.00 6/22/2004 1044 168156 JD 0.00 PCI1 200505240937318900 Non-Util Plan Ck/Insp to 1,146.27 1,146.27 5/19/2005 02088794 177053 JD 0.00 $250K FM 200505240938025300 Parcel Map Fees-5 or More 3,365.00 3,365.00 5/19/2005 02088794 177053 JD 0.00 Lots PKD1 200505240944595900 Park Ded Fee<6 Units 18,139.00 18,139.00 5/19/2005 02088794 177053 JD 0.00 SDB 200505240946318260 Storm Drain Fee- 825.00 825.00 5/19/2005 02088794 177053 JD 0.00 Multi-Fam S' Z 4 PCDR 200506091644408900 Plan Check Deposit Refund -500.00 25.00,'v '� -500.00 15.00 APP 200608141545062180 Encroachment Application 125.00 8/11/2006 CHARGE 189338 JD 0.00 Fee CASH 2O0608141545275150 Construction Cash Deposit 500.00 500.00 8/11/2006 CHARGE 189339 JD 0.00 Total Fees:$24,360.27 Paid: $24,860.27 TOTAL REMAINING DUE: $(500.00) CasePaymentHistory..rpt Page 1 of 1 PUBLIC WORKS DEPARTMENT RECEIPT Effective July 16,2006 '►11 TO:City Clark PUBLIC WORKS FILE NO. ��G --PGJr0{ /1' 33 PROPERTY ADDRESS �"�� H't � 7—`'V `C� Please collect&receipt for the following manias: ACCTi. ... "OEM., , ., ,AMOUNT . .. ENCROACHMENT PERMIT 4722 Application Fee 12 rG G N n•Utility Encroachment Permit ($275.00) l 1 d 1 J Minor Encroachment Permit<$5 000 (S125.00) _ R°1 First Permit No Foe Subsequent $125.00 Utility Encroachment Permit Arterial/Collector Street $550.00 Residential StreetlOther Areas $oom 2203 Plan Check Deposit 21/,01 Engineer'.Estimate $500 min 2203 Faithful Perl—ca Security FPS 100%of ENOR.EST. 2203 Laborand Materinla Securit 100%of ENOR-EST. 2203 Monumentatlen Security 100%of ENOR.EST. r j t Hsi s`1 r. 2203 Cash Deposit 4%of En Eat $600.nim/$10,000 max �j J Plan Check&Inspection Fee(Non•Utflky) ' 4722 Engr.Est.a$260000 (13%of ENOR.EST.) 2203 En r.Eat, >S250 r.,000 (Deposit 8%0l En E.US30,000 min)- 4722 Utility a$100,000 Minimum Charge Per Location ($260.00) ) Conduits/Pipeline.up to 500 Feet ($2.25111) - Above 600 Linear Fact ($1.36Bt) Manh.1-Naalts/Etc. ($125,00/ea) Pole SBURamcyal ($125.00/ae) Street True Pientln emoval S146.00 2203 Utility.$100,000 Actual Cost+20%•' 047 Store a Container Permit. $125.00 Project Plano&S ecifications Proect No. Standard S ecifications&Detalls $11P $16.60/Bk Copies of Engineering Maps&Plans Aerial Plot 240 x 36° 564.00 Aerie)Print 8 1/2°x I° - $26.00 Aerial Search Fee $25.00 Ma s and Plans 24°x 38° $12.00 4722 Penalt(es:Fe(fure to reslon uhlie im revements S100/Calendar Da Muni Code Saa.11.34.010 4722 Penalties:Failure to correct unoale conditions 3100/Colander Da 4722 Work Without Permits 4Tlrrres licahle Fee LAND DEVELOPMENT 4722 Lot Line Adjustment $800.00 4722 Parcel Map J4 Lots or Less $3,400.00+$75/lot 4722 Final Tract Me 5or More Lots) S4200.00+$10011ot 4722 Certificate of Cam liamee $650.00 4722 Certificate of Correction S400.00 4722 Orading&Drainage Plan Review Single Famll Lot 3200.00 Site a 10.000 e.f. $600.00 Site>10,000 s.f.<Acre $80D.00 Site>1 Acre $1,200,00 4722 Notary Fen rot nature $10,00 4722 Veaai(on of Public Streets&Eesementr $2,20D.00 4722 Assessment Segregation or Reapportionment First Split (3725.00) Each Additional Lot $200.00 4721 Storm Drainage Area Fee Par Acre (R-1$2,120.00) ' (Multi-Roo S2,386.00) All Oihar$2,860.00 4920 Parkland Dedication Fee 76%d25%Due Upon Cott.of Occupancy) 511.74241 Poetti e TRAFFIC 4728 Intarsostion Turn Counts(Two-Hour Count (376.50 4728 Intersection Tum Counts a.m.or P.m. eakc 5160.00 4728 Traffic Flow Map(Daily Traffic Volumes $32.00 4726 Campbell Traffic Model Full S—F,Accaosmenl Actual 4728 Campbell Trafic Model Radused Soo Aaaeaament Actuei 4728 Signal Timing Infornetlon 362/Hr 4271 Truck Permits $16.00/ rtri ' 4728 No Parking Signs S1/each at$25/100 OTHER TOTAL $ 6 2S NAME OF APPLICANT ({��(�,l✓ �y�/� NAME OF FAVOR _ ' -k �'/` C' /�li'/�(� PHONE ADDRESS ' ' "k �7. 6 '•' ZIP "Actual Cost Plus 20%Overhead(Non•Interest bearing de FOR CRY CLERK RECEIVED BY - 7 ONLYpp�1('y1 s t , Dale ,. Roe ei tit '� ,AU ' , Lts 7 4 •For Plar Cheakand.Cash Deposlts,.aendyellowaop t I aJ 9 - .. 9 - : Dataf In j:Vorms4eceipt form 06.07.Ws SS OF 'CAMPBELL, q ^~ RgD BY: lUH 01000189339 . hmb mkNA¥ gd9S DATE; mdi±& 0 2 IREOISTER k«; +d1A3 TIME: 08=2:08 2 00 / m p. ,! DESCRIPTION AMOUNT ;» ONE DEPOSITS gm.Dq $S±m TOTAL ma +/3\ �9a # �;! TENDERED: lm±m [ . m/4/89 CHANGE- «k &r mq / 3 a . o* Jolly . � �J77y � . . !&l . PUBLIC' S DEPARTMENT RECEIPT Effective July 1,2004 - g7 CO TO:City Clerk PUBLIC WORKS FILE NO. / Z O �r PROPERTY ADDRESS Please collect 8 receipt for the fallowing mon es _,_..�...�r,...a�l.���...._�s„n. m,_.s..:.._... MOUNT.r ENCROACHMENT PERMIT 4722 Application Fee Non-Utiity Encroachment Permit ($268.00) Minor Eneroachment Permit<$5,000 ($59.00) R-1 First Perron(No Fee)Subsequent ($125.00) Utility Encroachment Permit ArteriallCallector Street ($515.00) Residential Stmet/Other Areas ($283.00) 22031 Plan Check Deposit 2%of Engineer's Estimate ($500 min) 2203 Faithful Performance Security(FPS) (100%of ENGR.EST.) 2203 Labor and Materials Security (100%of-ENGR.ESr) 2203 Monumentatlon Security (100%of ENGR.ES.) 7.203 Cash Deposit (47 of Engr.Est)($500 min/$IO,M mx) CJ-147 Plan Check&Inspection Fee(Non-Utility)2 Engr.EL<$250,000 (13%ofENGR.EST.)Engr.Est. >$250,000 (Deposit 8%of Engr.FstJ$30,000 min)-- 4722 Utility<$100,000 _ Minimum Charge Per Location ($180.00) Conduimf0pelines up to 500 Feet ($2.25/R) Above500 Llncar Feet ($135/11) Manholc,JV..ts/FAc. ($125.001ca) Pole Set/Reenoval ($125.00/ca) Street Tree Planting/Removal ($129.00/ea) 2203 Utility>$100,000 Actual Cos/+20%�� '47fi0 Storage Container Permit (SI25.00) 4760 Project Plaits&Specificatio c Project No. 4760 Stnndard Specifications&Del.11, ($I/Pg$l5.50/Bk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" ($52.00) Aerial IMnt 8 12"x 11" ($21.00) Maps and Plans 24"x 36" ($8.00) 4722 Penalties:Failure to restore public Improvements ($100/Calendar Day) tMod emr s nr oio) 47221 Penalties:Failure to correct unsafe conditions ($100/Calendar Day) 4722 Work Without Permits (4 Times Applicable Fee) LAND DEVELOPMENT 4=_ Lot Line Adjustment ($775.00) 4122 Porcel Map(4 L(N or Less) ($2,400.00+$350ot) 4722 Final Tract Map 5 or More Lots) ($3,200.00+$35AW) r d22 Certificate or Comuterce ($613.00) 4722 Certificate of Correction ($376.00) 4722 Notary Fee(per signature) ($10.00) 4722 Vacation of Public Streets&E—nnents ($2,060.00) 4722 Ame.—t Segregation or Reapportionment First Split ($675.00) Each Additional Lot ($200.00) 472 Storm Drainage Area Fm Per Acre (R-1$2,060) (Multi-Res,$2318) 1�7, r -(All Other,$2 575) 4920 Parkland Dedication Fee(75%125%Due Upon Ceti.of Occupancy) 511.7lr24 Posbige TRAFFIC M7,'218 Intersection Turn Counts(Two-Hour Count) ($74.25) Intersection Turn Counts(a.m or p.m peaks) ($145.00) Traffic Flow Ma (Daily T-M,Volumes) ($31.00) Campbell Tmffic Model(Full Scope A&m rnent) (Actual) Campbell Trntiic Model(Reduced Scope Assessment) (Actual) Signal Timing Information ($62llir) Truck Permits ($16.00/per trip) No Parking Sign, ($Reach or$25/I00) OTHER TOTAL $ /�dC%(�GLGL r NA ME OF APPLICANT rI NAMEOFPAYOR �v PHONE ADDRESS 9v l ZIP ', j� •'Actual Cost Plus 20%Overhead(Nan-Interest bearing deposit) E C E i Ll FOR CITY CLERK ONLY ' a pate IJ ?Rccelpt.it t r', �Eo 07an Ofteek aallCasLrDeposits,send yc0oycopyito]Ctnanee _ ')+. °I{ - � r...= w Jw". 'S � _� ° - S -:'i j:Uomslreceipt form 04-05 rev.I M104 U" L H I ZME L;i 1 12 j A C.1 i 7 L�m iL;A L v o� s PUBLIC WORKS DEPARTMENT RECEIPT Effective July 1.2003 `� 1Gj�- { •7-� TO: City Clerk PUBLIC WORKS FILE NO. �1�� 4`• � `�}r� ov(' PROPERTYADDRESS { 9/�, R-1,ete� Please collect&receipt for the following monies: ACCT„ji."- '..;ITEM. 435.535.4921 Project Revenue(specify ro ect) $ ENCROACHMENT PERMIT 4722 Application Fee . Non-Utility Encroachment Permit ($260.00) ,60 Minor Encroachment Permit<$5.000 ($57.00) R-1 First Permit(No Fee) Subsequent ($120.00) Utility Encroachment Permit Arterial/Collector Street ($500.00) Residential Street Other Areas ($275.00) 2203 Plan Check Deposit-2%of ENGR.EST. ($500 min) (� . 2203 Faithful Performance Security(FPS) (100%of ENGR.EST.) 2203 Labor and Materials Security (100%of ENGR.EST.) 2203 Monumentation Security (100%of ENGR.EST.) 2203 Cash Deposit (4%of ENGR.EST.)($500 min/$10.000 max) 2203 Labor and Material Security (100%of ENGR.EST.) Plan Check&Inspection Fee(Non-Utility) 4722 Engr.Est.<$250.000 (13%of ENGR.EST.) 2033 En r.Est.>$250.(Deposit 8%of ENGR.EST./$30,000 min.)-- 4722 utility<$100.000 (8%) Minimum Charge Per Location ($180.00) Conduits/Pipelines up to 500 Feet ($2.25/ft) Above 500 Linear Feet Manholes/Vaults/Etc. ($125.00/ea) Pole Set/Removal ($125.00/e2) Street Tree Planting/Removal ($125.00 ca) 2203 Utility>$100,000 Actual Cost+20%'• 4760 Project Plans&Specifications Project No. 4760 Standard Specifications&Details ($1/P $15.00/Bk) 4760 Copies of Engineering Maps&Plans Aerial Plot 24"x 36" ($50.00) Aerial Print 8 1/2"x 11" - ($20.00) Ma s and Plans 24"x 36" ($7.75) 4722 Penalties:Failure to restore public im roveme($100/Calendar Dailbmoi none smms4.otol 47221 Penalties: Failure to correct unsafe conditions($100/Calendar Day) LAND DEVELOPMENT 4722 Lot Line Adjustment ($750.00) 4722 Parcel Ma (4 Lots or Less) ($2.400.00+$35/lot) 4722 Final Tract Ma (5 or More Lots) ($3.200.00+$35 lot) 4722 Certificate of Compliance ($595.00) 4722 Certificate of Correction ($365.00) 4722 Notary Fee(per signature) ($10.00) 4722 Vacation of Public Streets&Easements NNNNNNXN 4722 Assessment Segregation or Reapportionment First Split ($655.00) Each Additional Lot ($200.00) 4721 Storm Drainage Area Fee Per Acre (R-1.$2 G00) (Multi-Res.$2,250) (All Other,$2.500) 4920 Parkland Dedication Fee(75%/25%Due Upon Cert.of Occu anc) 511.7424 Postage TRAFFIC 4728 Intersection Turn Counts Two-Hour Count) $72.50) 4728 Intersection Turn Counts(a.m.or p.m. eaks)($145.G0) 4728 Traffic Flow Ma ("ly Traffic Volumes) ($30.00) 4728 Campbell Traffic Model(Full Scope Assessmen(Actual) 4728 Campbell Traffic Model(Reduced Scope Assess(Actual) 4271 Truck Permits ($16.00 er trip) 4728 No Parking Signs ($1/each cr$25 100) OTHER 11--��b / ^({ /� TOTAL $ •) J NAME OF APPLICANT �Y/tt Ar Y+ ct o'(a l'1 l ` NAME OF PAYOR FF, 1 pp� P�aC� y el PHONE 7r ADDRESS l J 1 J- f-%�L� [J ZIP {� "Actual Cost Plus 20%Overhead Non-Interest bearing deposit) FOR CITY CLERK RE ONLY Date ,f eeX 1 !For PIan�Check an&Cash Doposits send yellow copy4o0rinance Date;Initials j:\forms\receipt form 03-04 4/1/04 s � yqn BY:%5 Gq9 q my R+[+�J m// m DATE-®®/22/04 � /4 TIME: 160@6 \ RySSlm qqy REF DEPOSITS —3/22\ 5\-0 ---------------- TOTAL DUE! $600 CHECK PAID: MOM CHECK +: lG( T E R E D CHANGE: Cm Escro�r Branch: Title Branch: 901 Campisi Way,Suite 100 901 Campisi Way,#I00 Alltle ianceTi Campbell,CA 95008 Campbell,CA 95008 (408)559-3424 (408)559-3424 Fax: (408)377-0284 Fax: (408)559-7408 PRELIMINARY REPORT Escrow Officer: Kristina Rose/myl ORDER NO. 11205523-001-A KR Ref. No: Remax Property Address: 3395 S. Bascom ave 9100 213 W. Rincon Avenue Campbell, Ca 95008 Campbell, CA 95008 Attim Mike Mosumi APN: 305-31-003 ARB: 405-39-90 In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue.or cause to be issued, as of the date hereof.a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms_ The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. This report(and any supplements hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Standard-Policy issued by First American Title Insurance Company Dated as of March 30: 2:004 a1 7:30-a;ii. The estat o��inthe'land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Maud Maes_umi,_a-maxniecl.lx►-g gas his=so._ez�tla,.d�se.a�a1rtttc palmy The land referred to in this Report is situated in the State of California,County of Santa Clara and is described as follows: (See"Legal Description"Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. Page No.2 File No. 11205523-001-A KR PROPERTY TAXES,including any assessments collected with taxes, for the fiscal year 2004- 2005, a lien not yet due or payable. /2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003- 2004, a lien, shown as follows: 1 st Installment $576.72 Paid 2nd Installment $576.72 Open Assessor's Parcel No. 305-31-003 Code Area 10-005 Land $28,221.00 IMP $23,752.00 PP NONE Exempt NONE C,/3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, . (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 0.4A deed of trust to secure an indebtedness in the original amount shown below, Dated : July 16, 2003 Amount : $380,000.00 Trustor : 01151 11/aesu ��X a t11:::::a Ir.ed man as his sole and separate property Trustee : Al"Ftaim-e Tiffli e .o.. Beneficiary : Transnational Financial Network, Inc., a California corporation Recorded: July 23, 2003 under Recorder's Series No. 17213031 Official Records /5. Loan No. 0010301748 Rights of parties in possession of said land by reason of unrecorded leases, or rental u abreements, if any. NOTES: a. Date last insured: 7-23-03 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environinental protection. t Page No.3 File No. 11205523-001-A KR e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein-- Grantor: Mojgan Maesumi, wife of grantee herein' Grantee: Masud Maesumi, a married man as his sole and separate property Recorded: July 23, 2003 under Recorders Series No. 17213029, Official Records. Grantor: Betty Jean Borden Trustee, of the Survivor's Trust, Borden Trust Agreement dated September 24, 1990, and Betty Jean Borden Trustee, of the Decedent's Trust, Borden Trust Agreement dated September 24, 1990 Grantee: 114as aesu�UnNe parried man as his sole and separate property Recorded: JImTI o!A "1?®3 Recorders Series ) , �,'t�icial Records. £ This company is not aware of any matters which would cause it to decline to attach CLTA endorsements 100 and 116 to an extended coverage lender's policy of title insurance issued in connection with this escrow. CLTA endorsement 116 will indicate that a single family residence known as 213 W. Rincon Avenue, Campbell, CA 95008 is located thereon. g. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. t Page No.4 File No. 11205523-001-A KR SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING t the Southeasterly corner of that certain parcel of land described in Deed dated April 4, 1963,recorded April 5, 1963 in Book 5971 of Official Records,at page 183 from Clinton Calley Gilliam and Hazel E. Gilliam his wife to Aniela Niedziela such point also being at a foi—d��4"iron nine as shown on th' ecord of Survey filed of record on March 6, 1963, in Book 157,of Maps at page- ; thence from said point of beginning(—South 00 15'East 2.23-)feet to a point on the N rth line of Rincon Avenue, such point also being at a foun�c -2? iron pipe as sTiown on That Record of Survey above W� referred to;thenc¢ ortll ° 5�' West 5L. eet.along the Northerly-line of Rincon Avenue to a found iron pipe as shown on that Record of Survey above referred to; thence�No1 11 0° 15' West 223.49 feet to the Southwest corner of the land conveyed to Aniela Niedziela by the Deed above referred to, such point also being at a found 3/4" iron pipe as shown on that Record of Survey aboverefer edt thence South 89"53'> along the Southerly line of the land conveyed to Niedziela 75 feet snore or� to the point of beginning. _a Excepting therefrom all that portion of land granted to the City of Campbell,a municipal corporation,by deed filed for record in the office of the Recorder of the County of Santa Clara on July 30, 1974 in Book B 17 at page 63, Official Records and being more particularly described as follows: Beginning at the point of intersection of the center line of Rincon Avenue, with the Southerly prolongation of the Westerly line of that certain tract of land described in the Deed to Lynn D. Borden, et ux,recorded May 10, 1972 in Book 9825 Official Records, page 660, Santa Clara County Records; thence from said point of begimling North 0° 15' West along the Southerly prolongation and Westerly line, 30 feet to a point in a line which is parallel with and distant / feet Northerly measured at right angles to the center line of said Rincon Avenue; thence South 89' 53' East along said parallel line 75.00 feet to the point of intersection thereof with the Easterly line of said land described in the Deed to Borden above referred to; thence South 0° 15' East along said Easterly line and its Southerly prolongation 30 feet to the point of intersection thereof with the center line of Rincon Avenue; thence North 89' 53' West along said center line of Rincon Avenue 75.00 feet to the point of beginning. ARB No: 405-39-90 , APN No: 305-31-003 AllianceTitle Notice In accordance with Section 1805 &2613 f of the Revenue&Taxation Code, a buyer may be required to withhold an amount equal to three& one- third percent of the sales price in the case of the disposition of California real property interest by either: I) A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller. Or 2) A corporate seller which has no permanent place of business in California. 'File buyer may become subject to penalty for failure to withhold an amount equal to file lesser of 10 percent of the amount required to be withheld or five hundred dollars($500.00). However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: I) The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100.000.60). Or 2) The seller executes a written certificate, under the penalty of perury, certifying that the seller is a resident of California, or if a corporation has a permanent place of business in California. Or 3) The seller, who is an individual, executes a written certificate. under the penalty of perjury, that the California real property being conveyed is the seller's principal residence(as defined in section 1034 of the Internal Revenue Code), - The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement- The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding& waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction&should not act on any statements made or omitted by the escrow or closings officer. Please call your ]Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title,on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any 6f the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ is the property herein intended to be transferred into a Trust, Partnership,Corporation, or Limited Liability Company? ♦ Do the sellers of the properly reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card,Drivers License,or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required,so we may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s)that are to be assumed by the buyer. ♦ If parties are obtaining a loan,your Escrow Officer will need to have the Fire/Hazard Insurance, agent name& phone number to acid the new lender on the policy as a loss payee. ♦ If there is to be a change of ownership,it will be necessary for the parties acquiring-title to indicate how they would like t6 be vested-Alliance Title has a work-sheet available that will briefly explain each of the various methods of holding title(please feel free to request a copy from your Escrow Officer).Note_ Each method by which you can hold title has dilTerent legal&/or tax considerations&parties are encouraged to obtain advise from an Attorney,CPA,or other professional knowledgeable in this area. Privacy Policy for Customers 1A'e will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer,or are required by law. EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement- Form 1 Coverage. if the issuance of any other type of policy is anticipated,the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE I.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) time occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except' to the extent that a notice of the enforcement thereof or a notice of a defect, lien of- encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials,or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a Fraudulent conveyance or fraudulent transfer;or (i i) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 EXCLUSIONS FROM COVERAGE I.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances. or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land;(ii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof'or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date ofpolicy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at date of policy,but created,suffered,assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of-the lien of the mortgage because of the inability or failure of the insured at date of policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE \ I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or an},other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. O F F I C E O F C 0 U N T Y A S S E S S 0 R S A N T A C L A R A C O U N T Y. C A L I F 0 R N I A + (•,quri,a ur MI1p1� PACE BOOK p1NiW W,«" yrr,o,urk nD�a9y,mlM to n im VAI 11 ,iK dmdi" d Sol Pawl .n,({nlatlaw �IIT,Tn( .I9ad+II('•AuW' 2Z p,isn d n>a w>A� 9o,aeM•I • � pII n+0I•BPhclllod.' t 1 piei TRACT N°112 r0i r0!/IJ HEDEGARD SUED. law PM. floe. M -IS N(M\•••CAMPBELL— " 8 -MUM� �� .Izl.ov P,M 3 -M-50 10, AVE'Iciaa P,M,272-M-4 a.a i s` }■ !' I JI r AS# ,M ee lot Iii 10 1" J i t gay n ,71 :4 I 7C 1 6 - z +il 4491 li i07.+0 I %Jr f n✓� I a I ;J ion 17f S 1 I -I �l ?� 3t�?� �f4 n � n w 9 � j 3? 1 33 1 14 - Y vt II ¢ LL :' 69 —W-�-t- iOfRT-- ba ii:,i9 179.69 •� I, +07 0.10AC,NET PCL, A PCL,B ! P C L. 1 PCL:I K; a---- -� 0,21AC. L.. C r /6 10 I I T^ $l ;m o 0,46 AC,NET. C.L. '' ��Ti fn I.O9AC.NET. 774 � M Z �o a'� y o IG '' � °�r 1' ■ 100'tU �G /1 7!k ffi 8 R M� A j * L-4 -_ tB I +� rrJ a a s- Iot t( •797 "� to' ei a A9 u r ■ i I 35 .t�1+�•� its •'--Jr� tri JI —71 '^�J 9 4.• IA0 41 37 R03,20b-M-2b PM.352-M•9 \� ri1.7s e o W .(7 ROSE-1—CT. aoI ii1 to7 8 K —R,OS,IS7•M-�4iio I 412 O\I C rr it0 y too is (4.05 I 97• e • �I 34.�• I � S7 1�t V} 10 N' e 1 J n .R 34 a Cis I PCL,B pp paa O •(.t( LOT I 32 40 I RPIRR � CO C qv , I e v i fz: 1.02 AC, W .�r17i2� u: Z , ,•tat rat 7c w I y46 $ N F- &y; 2 S ». 70 71 " w _ _ .A vie^ tiJ iilt7 5 N i g 3 Q � 57 'Qw -� ciI " 07 NI lastI _a0' 17S L:_j Iet.ac w 771 0 10911 7S 74 •. • r0 r Ni 7 •S— it I r i/NJ •� 1..4 a W. RINCCN----'--- TRACT N7 7352 ,. ., _ --b. _..— --AVE, —._. ,_q TR,N766.40 R.0.5,J70/S 86 � I'III1I1IiIIIIIII'III'I'IIIIIII'I1I1I1I1I'I1III1II 33 r«11mim".0%m m4Ir. INCHES 1 2 _3 IR R cola fv aw>xmwl wPva all tk,.11w rr Aar Tw 1998-99 r.,..r r•n.,r .rrr.,.e a ^^ 90 q 1 ha r� ii�" ci` � '�••��'',,,'t�5N. y � "\1 ✓'�, i�'ry%Ntt ,+V!� i£f� 11 �..1.<.'i � � i " • SY`�,. .t t rR 7• t �.`�➢{ , +t " - 5 �'.'+'."+�'c ,yam �... 11 p 7 ik�),4 * �Qi l7HY-�5-�eta5 N6:,4a rKUM HKHKN1t 6505950363 T0:14158766012 P.4 ... ....... __. MAY-17-20�5 TUE 04;32 PM RE' PROPERTIES WEST FAX N0. 408 :� ,9410 P, 03 ASSI[GRMW AM) RSCBIPT OF XMSTI''IF.'a1T CERTIFICATE P.U. Permit 11t. 004-00133 To :ITy OP CAU(PBELL0 70 M. FIRST STRES'P TR or DEV 6q CIUMBELL, CALWORNIA 95008 (408) 866-2150 Loc. 2L3 T.T D;r^^„ A„o t out/we are the owners) of a savings acco t at / LsI at its branch office at 1.0 o Ci. C if . ia, inves cerrtificate No. �Il�� thellezes o U : and baying a present balance of S ` I ]-iersby grant, transfer and assign said account, said investment certificate, said ba:Lance (including interest Which acmes thereon) , and all other rights in connection therewith to the CITY OF CAMPB=. assignee, for a good and valuable cansidasatlon, re,:eipt of which is hereby acknowledged, for the purpose of insuring construe 1 described as follows: Street Improvements associated with developm ut o Unit Townhouse Subdivision t 213 W. Rincon Ave. � �j� I :;aye ph yzically delivered verification of said investment_certificate and dualicate of We e Assignment and Receiptto said d a9aignee. I %nderstand that assignee can withdraw frees said account any tiro* an his signature alone up:n presentation of a written order to the issuer. I also understand that I may not wi.thdrav from said account unless I present a sighed release from the assignee. The issuer of the certificate 488=08 no responsibility for the .conduct of the assignee and ma,y, act on the signature of the assignee without further inquiry. EXL'euted an `� } , N� r at said office of the ex. sign Assigner Print pritet ACRMONLEDGEKENT BY ISSUER lanuer affirms that there are no other holds on subject account, that subject conies are av+:ilable, and that the above described asaigament has been :toted an the Records of said is i suer. Aitthotized gnature NOTARY Title: INSTRUCTIONS TO ASSIGIM Phrase sign below for signature identification and as acknowledgement of your notice of Aclig went. Return this Assignment and Receipt to the issuer at its address above. Re•:sin one copy of this Assignment and ftceipt for your files. city of pbellz R6GEASE BY ABSIGN88 SeAd assignee hereby releases and relinquishes a11- has right* title and interest in and to said account, said investment certificate, said balance and all other rights in connection therewith. fL2 0 G e pr,:e: aY � �a Ci SUBSCRIBED AND SWORN T BEFORE'ME THIS DAY OF MMECCA t.VOKiT 20 Comnweion#►1 Oe9I98 . Nary PlAft-Caftnb son Francisco County NOTARY PUBLIC .'COMM. Mor)$'2W MAY-1.7-2005 TILE 04:32 PM RE/MAX PPPERTIES WEST rHA W. uuu sr i Z541U ABli[GNMF.DIT AND BBCSIPT f F INVF�B ��.C��TIFICJtTE F.W. permit b y , -"NC2004-00133 TO :17Y OF CAMPBELL, 70 It. FIRS1 p& TR or DSV ' CAt:PSELL, CAUFOR2,IA 95008 (408) 866-2LBO LOC. 21 W_ Rinco Ave. I rrai/We are the owner(s) o a savings• aeca at ' 4 6u i�bI N at its branch office at l - Calif xa, rove tMA ce:tificate No. �i�` ut the names of A and having a present balance of $ I hereby grant, transfer and nsaigtt said Accautt, said investment certificate, said balance (including interest which accrues thereon) , and all other rights is eonnectian thourewith to the CITY OF CAMPBELLi assignee, fora good and valuable consideration, fey:eipt of which is herebyp acknowledged, for the purpose of insuring construction ds.:eribed as follows: Street Improvements associated with development of 5-Unit Townhouse Subdivision at 213 W. Rincon Ave. Ci—tu'7/?74// 19,,! z Y11.a�i,ce' I !:ave physically delivered verification of said investment certificate and duplicate of this Assignment and Aecei.pt ,to said assignee. I :aderstand that assignee can withdraw frrom said account any time an his signature alone up:n presentation of a written order to the issuer_ I also understand that I may not withdraw from amid account unless I present a .signed release from the assignee. The issuer of the certificate assumes to responsibility for the conduct of the assignee and may, act on the signature of the assignee without further inquiry. ftr cuted on S `Z. , ll�at said office of the i sign Assignor print 1 sign Y\iyb�„ Assignor print. AMOWLEDGEMEtd'L' BY ISSUER Isituar affirm that there are no other holds on subject account, that subject ■onies are avi:ilable. and that the above described asaigament has boot-noted an the Records of said ie i ruen:. n Da�:e r --� AT3'AC13 kuthar12 Signat U=ARY Title: j ZAS'PRIICT24IiB To A91SIGliEE Phrase sign below for signature identification and as acknowledgement of your notice of Aa.rignment. Return this Assignatent and Receipt to the issuer at its address above. Re':ain one espy of this Assig=w=t and Receipt for your files. _ City of Ca'�pbell REL ASE BY A88IGNEE ScLd assignee hereby releases and relincmi has all his right, title and interest in and tc, said accounto said investateat certificate, said balance and all other rights in at,Inettian therewith, City of Campbell De.:e: I 7H�BSCR�SED AND SWORD[T BEFORE Mh WICA L:V01GT '- dAY OF 20 ComrnWdon#t 1559395 Notary NubNc-Cal"°""° Son Francisco County - " %,My Corm.EVIres Mar 15,2W9 NOTARY 11B IC MAY-11-Mb [Ut U41-1c ril rx-/jinn s AStilNb!};NT AND RSC$IPT OF IH61Ef lT CERTIFICATE P.W. Persil B N ,2004-OOl 3 �' TQ :ITY QP CAMPHELL, 70 N. FIRS=-_—;'REL"i' TR or DEV—.L-I Q=PBELL, CALIFORNIA 95009 (409) 866-2150 Loc. 213 W. `kintcon Ave. 14►m/we are the owner(s) IF a savings aceo t at C-- at its branch of t 1� , Cali rni , investment cell:tifieate No. �a a T�� � e -names o; and having :a preaeat balance of $ L 0. I hereby grant, transfer and assign said account, said iftV8$ttsnt certificate, said ba:1ance (including interest phieh accrues thereon) , and all other. rights. in connection therewith to the CITY OF ClWBFZL, assignee, for a good and valuable eonsiaeratioA, re,:eipt of which is hereby, acknowledged, for the' purpose of insuring construction de cribed as follows: Street Improvements associated with development of 5-Unit Townhouse Subdivision at 213 W. Rincon Ave. (/- O/I04160- olvn S1-:lk�-IL7 I !:ave physically delivered verification of said investment certificate and duplicate of thus Assignment and Receipt 'to said assignee. I •.nderetand that assignee Bari withdraw from said account any time on his signature alone up;,n presentation of a written order to the issuer_ I also understand that I may not vithd>raw from said account unless I present a sighed release from the assignee. The issuer of the certificate assures no responsibility for the conduct of the assignee and sa;,- act on the signature of the assignee without further inquiry. Ext cuted. on Z , , at said office of the sign AIAA Assignor print (� sign ► `'L'�-i✓ �Iti ? Assignor print �— ACKNOWLEDGMENT BY ISSUER issuer affirms that there are no other holds on subject account, that subject nonles are avitilable, and that the above described asaigment has been noted on the Records of said inIluer. n Da".e - L �'� B}' L ��-� hTTP= Authorized 8 ture NOTARY Title:�a l INSTR13CTIDNS To 7LSSICNM 71aase sign below for signature identification and as acknowledgment of your notice of Artignment. Return this Assignseat and Receipt to the issuer at its address above. RQ,:6in one copy of this Assignment and Receipt for your files. City of CamtI �) RELFASE BY ASSIGNEE �V Bead assignee hereby releases and relimpishee all his right, title and interest in and tc, said account, Bald investment certificate, said balance and ail other rights in cc�inection therewith. City of Campbell Dt,:ell nX SUBS R(BED AND SWORN BEFORE"ME +� THIS L ViT , � DAY OF CL 20 L, CommMbn i 15IMM Nofw haft-Conornlo kin Franckco CCLVO W COM.E0et Mor IL NO ARY UBLIC `- Page 1 of 1 1 Joanne D' Ambroaia From: Edward Arango Sent: Monday, January 29, 2007 8:22 AM i >> ,/� ,� To: Joanne D'Ambrosia; William Lai 'f,L (�=��^'` Cc: Syed Wahidi fir L1— ��s Gr .t 1z. Subject: RE: ENC2004-001331213 Rincon / Please hold off on monumentation release: We have not received any confirmation from the surveyor that he has set the monuments. Will, please send another letter to the survery and owner letting them know what we need and that it's our 2nd request. Thanks, Ed From: Joanne D' Ambrosia Sent: Thursday, January 25, 2007 2:49 PM To: Edward Arango Cc: Syed Wahidi Subject: ENC2004-00133/213 Rincon Syed is placing the above permit into maintenance but I stopped things when I saw he was releasing a $7,000.00 assignment of CD that Roman Knof had put up as a monumentation surety. I checked with Will and he said we have received nothing for release of the monumentation. This was a file of Al's in which he took in a bond for monumentation. Can you confirm that we should hold off on refunding the monumentation? Joanne 1/29/2007 Page_1 of 1 Joanne D' Ambrosia From: Joanne D'Ambrosia Sent: Thursday, January 25, 2007 2:51 PM To: Jan Hemsley Subject: FW: CDs on ENC2005-00133 Things have changed and we are not going to release the $7,000 cd assignment either now. Please only give me one of the $8,187.63 assignments. Joanne From: Joanne D'Ambrosia Sent: Thursday, January 25, 2007 9:19 AM To: Jan Hemsley Subject: CDs on ENC2005-00133 I need to remove two of the three CD Assignments we have in the vault on 213 W. Rincon Ave/Roman Knop/ENC2004-00133 to return to the applicant. I need to remove the one for$7,000 and either one of the$8,187.63 CDs. One of the$8,187.63 cds should stay in the vault. Thanks, Joanne D'Ambrosia PW Department x2701 1/25/2007. Permit 2004-00133 Certificate of Deposit#5890936627 $8,187.63 �- Certificate of Deposit#5890936619 $7000.00 +` Certificate of Deposit#5890936635 $8,187.63 Wells Fargo Bank, Laurel Village 213 W. Rincon Avenue Roman Knop Permit 2004-00218 Bond for Labor and Material $5,000 Bond for Faithful Performance $5,000 . 375 Budd Avenue (Morgan Park—Budd Side) Cingular Wireless Travelers Casualty and Surety Company(Bond#104370959 &104370960) Permit 2004-00218 Bond for Labor&Material $5,000 Bond for Faithful Performance$5,000 375 Budd Avenue(Morgan Park—Budd Side—Cellular Tree Site) Pacific Bell Wireless Travelers Casualty& Surety Company(Bond#104439553 and 104439552). Permit 2005-00014 Bond for Labor&Material $126,000 Bond for Faithful Performance $126,000 121-13 3 Kennedy Avenue Cullen.DeMattei Development Nationwide Mutual Insurance Co. Permit 2005-00035 Bond for Faithful Performance $225,000 Bond for Labor&Material$225,000 Kilmer Park LPA - 16201-16239 E. Mozart Avenue Insurance Company of the West Permit 2005-00039 Bond for Labor&Material $90,468.69' Bond for Faithful Performance$90,468.69 Pinn Brothers 1815 S. Bascom Avenue Developers Surety&Indemnity Co. 2 F Refundable Deposit Check Request To: Finance Director Check Payable To: Roman Knop Address-Line 1: 261-17th Avenue Line 2: City: San Francisco State: CA Zip: 94121 Description: Refund Deposit Account Number: 101.2203 Amount: $500.00 Account Number: Amount: Account Number: 101.540.7448 Amount: (Finance Dept only) Interest Earned (Finance Dept only) Total Payable: $500.00 (Exact Amount) Purpose: Refund of Construction Cash Deposit on 213 W. Rincon Avenue. Voucher#: Permit#: ENC2004-00133 Receipt#: 189339 Date: 08/11/06 Requested by: Title: Date: 1/29/2007 Syed Wahidi Approved by: Title: City Engineer Date: 112912007 Michelle Quinney Finance Dept Only: Verified by: Title: Accounting Clerk II Date: Approved by: Title: Accountant Date: Special Instructions For Handling Check Mail As Is: Mail in Attached Envelope: Interim Check: Needed By: Return To: -Joanne D'Affibrosla Public Works/City-Hall (Name) (Department) Other: f/n:Forms/excel/chkreq - Revised 05100 0� U ��r 0 C H P, O CITY OF CA PBELL Public Works Department January 29, 2007 Roman Knop 261-17'Avenue San Francisco, CA 94121 SUBJECT: PERMIT NO. ENC2004-00133 LOCATION: 213 W. Rincon Avenue, Campbell FINAL INSPECTION AND ACCEPTANCE Dear Mr. Knop: The City of Campbell has made a final inspection of subject Public Works improvements and finds the work to be acceptable and in conformance with City standards. Accordingly, the City Engineer accepts the improvements. The one year maintenance period stated in the permit begins as of October 8, 2006. The permittee is responsible for the repair and/or replacement of any defective work or failures that occur within one year. The City will inspect the improvements within one year and notify you, in writing, whether or not any repairs are required. Your Construction Cash Deposit of$500.00, plus any interest due, is now being processed and will be sent to you under separate cover. At your request, the Faithful Performance Bond (Assignment and Receipt of Investment Certificate), in the amount of $8,187.63, will be kept in force.for the duration of the one year maintenance period. The other Assignment, in the amounts of$8,187.63, is being returned to you. If you have any questions, please call me at (408) 866-2165. Since ely, Syed Wahidi �Public Works Inspector IMQ Enclosure cc: Suspense- 11 months from 10/8/06 Permit#ENC2004-00183 Inspector File Wells Fargo Bank, 3431 California Street, San Francisco, CA 94118 h:\word\permits\2004_133 fm6 d) 70 North First Street ° Campbell, California 95008-1436 1 TEL 408-866.2150 FAX 408.376.0958 ° TDD 408.866.2790 OF CIV�jA ARCH ARC CITY OF CAMPBELL Public Works Department Date: February 12, 2007 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: Mr. Roman Knof 261-17th Avenue San Francisco CA 94121 FROM: Joanne M. D'Ambrosia, Office Specialist SUBJECT: 213 W. Rincon Avenue, Campbell, CA Encroachment Permit#ENC2004-00133 Enclosed is a check in the amount of$507.05, representing a refund of your construction cash deposit,plus accrued interest, in connection with the above property. Joanne M. D'Ambrosia Office Specialist Enclosure 70 North first Street Campbell, California 95008-1436 TEL 408-866.2150 FAX 408.376.0958 TDD 408.866.2790 CITY OF CAMPBELL WARRANT No. CAMPBELL,CA 20826 2 ORGANIZATION I ACCOUNT PURCH.ORDER INVOICE NUMBER AMOUNT l DESCRIPTION 101 2203 CRO1292007. 500.00 REFUND DEPOSIT 101 .540 7448 CRi 11292007 7.05 INTEREST EARNED 0u0007523' ROMAN KNOF' REMITTANCE ADVICE-PLEASE DETACH BEFORE BANKING I 1 35 SANK OF AMERICA,;, Cq`�y�q VOID AFTER 90 DAYS 1 ' CAMPBELL OFFICE WARR�NT NO a y +E HEHRUNE 2 O 2 1210 200 TYARD afr CI'�'Y OF CAMPBELL 70 NORTH FIRST STREET a CAMP9ELL "i . r �y a CAMPBELL,CALIFORNIA 95008 DATE ¢ h r . •5 Y t i jb y, t t - j A-�"�� Ag PA`f F I E HUIVDFED SEUEi� 'DOLLARS..& 05 CENTS :SIGNATURE TO r . d r ir7TH3 \]3]!ff G*� A SAN FRANG c"Or GA - - ��,I.!�i �'v�4r.t � �,;� � r �.�" �" 's+.•r,h> 2 _ -r k �- �. 4�a Y i �, '".c 6��' a:..: ������ tea. :�°.{ v k m - R2j s r t b000358� 06 2£20 80 24911 4 2. rlz, WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL OF SANTA CLARA COUNTY TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA CMI-` ` June 15, 2005 JUN 16 2005 PUBLIC)killU-aC6 ADMINISTRATION Edward Arango Public Works Department City of Campbell 70 North First Street Campbell, CA 95008 RE: Tract 9604 213 W. Rincon Avenue, Campbell Dear Mr. Arango: This is the district's "Non-Interference" letter for Tract 9604. The development of the property as shown on Tract Map 9604 will not unreasonably interfere with the free and complete exercise of the district's easement rights. The proposed easements shown on said Tract Map are acceptable. Very truly yours, 4on an K. Lee Seni r Civil Engineer cc: Roman Knop 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:(408) 378-2407 Fax: (408) 364-1821 RECEIVED JUN 0 2 2005 PUBLIC WORKS ADMINISTRA-nON GUARANTEE AM E RIC Firs t Am erican Tith ir'A 960-1 1 L j S , �"� 812073 Form No.1282(Rev.12/15/95) SUBDIVISION GUARANTEE Subdivision: Tract No. 9604 Order No. 11205523-001-KR Policy No. H812073 Fee $300.00 First American Title Insurance Company a corporation, herein called the Company, GUARANTEES The County of Santa Clara and any City within which said subdivision is located in a sum not exceeding$1,000.00. That according to those public records which, under the recording laws, impact constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are: Owner: aVlasud Maesumi., a married:man as his sole and separate property Trustee: Alliance Title Co. The Map herein before referred to is a subdivision of. All that certain real property situate in the City of Campbell, County of Santa Clara, State of California which was conveyed to Masud Maesumi by Grant Deed recorded on July 23, 2003 under Recorder's Series No. 17213030, Official Records. Dated: May 24, 2005 at 8:00 a.m. First American'Title Insurance Company l�tlt l.:.... . s S1Y j� 1 llVll -i SE/iEMBEA 2i, .' } Al- F" �" "" �� r"RF.TARY Ii6A a Authorized Signatory Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein,please contact the Company for further information as to the availability and cost. Issued by: Bay Area Title Plant SCHEDULE OF EXGLUSIUNS MUM 4;u11tI11Ftult ur i nw uumnmw i rr Is Except to the extent that specific assurances are ided in Schedule A of this Guarantee, the Company ies no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing.the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under(1), (2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A), (C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to main- tain therein vaults,tunnels,ramps or any structure or improvements;or any rights or easements therein,unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2)which result in no loss to the Assured;or(3) which do not result in the invalidity or potential invalidity of any judicial or non- judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity,legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute may be necessary or desirable to establish the title to The following terms when used in the Guarantee Actions;Duty of Assured Claimant to the estate or interest as stated herein,or to establish the mean: Cooperate. lien rights of the Assured.If the Company is prejudiced (a) the Assured":the party or parties named as Even though the Company has no duty to defend by the failure of the Assured to furnish the required the Assured in this Guarantee, or on a supplemental or prosecute as set forth in Paragraph 3 above: cooperation,the Company's obligations to the Assured writing executed by the Company. (a) The Company shall have the right, at its sole under the Guarantee shall terminate. (b) "land": the land described or referred to in option and cost,to institute and prosecute any action or 5. Proof of Loss or Damage. Schedule(A)(C)or in Part 2,and improvements affixed proceeding,interpose a defense,as limited in(b),or to In addition to and after the notices required under thereto which by law constitute real property.The term do any other act which in its opinion may be necessary Section 2 of these Conditions and Stipulations have "land"does not include any property beyond the lines of or desirable to establish the title to the estate or interest been provided to the Company,a proof of loss or dam- the area described or referred to in Schedule (A)(C) or as stated herein, or to establish the lien rights of the age signed and sworn to by the Assured shall be fur- in Part 2,nor any right,title,interest,estate or easement Assured,or to prevent or reduce loss or damage to the nished to the Company within ninety(90)days after the in abutting streets, roads, avenues, alleys, lanes,ways Assured.The Company may take any appropriate action Assured shall ascertain the facts giving rise to the loss or waterways. under the terms of this Guarantee,whether or not lt shall or damage.The proof of loss or damage shall describe (c) "mortgage": mortgage, deed of trust, trust be liable hereunder, and shall not thereby concede lia deed,or other security instrument. bility or waive any provision of this Guarantee. If the the matters covered by this Guarantee which constitute Company shall exercise its rights under this paragraph, the basis of loss or damage and shall state,to the extent (d) "public records": records established under it shall do so diligently. possible,the basis of calculating the amount of the loss state statutes at Date of Guarantee for the purpose of or damage. If the Company is prejudiced by the failure imparting constructive notice of matters relating to real (b)If the Company elects to exercise its options as of the Assured to provide the required proof of loss or property to purchasers for value and without knowledge. stated in Paragraph 4(a) the Company shall have the damage, the Company's obligation to such Assured (e)"date":the effective date. right to select counsel of its choice(subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause)to rep- Assured may reasonably be required to submit to exam- 2. Notice of Claim to be Given b Assured resent the Assured and shall not be liable for and will not Y !nation under oath by any authorized representative of Claimant. pay the fees of any-other counsel,nor will the Company the Company and shall produce for examination, pay any fees,costs or expenses incurred by an Assured inspection and copying, at such reasonable times and An Assured shall notify the Company promptly in in the defense of those causes of action which allege places as may be designated by any authorized repre- writing in case knowledge shall come to an Assured matters not covered by this Guarantee. sentative of the Company, all records, books, ledgers, hereunder of any claim of title or interest which is (c) Whenever the Company shall have brought an checks, correspondence and memoranda, whether adverse to the title to the estate or interest, as stated action or interposed a defense as permitted by the pro- bearing a date before or after Date of Guarantee,which herein, and which might cause loss or damage for an visions of this Guarantee,the Company pursue an which the Company may be liable by virtue of this p y may p y reasonably pertain to the loss or damage. Further, if Guarantee. If prompt notice shall not be given to the litigation to final determination by a court of competent requested by any authorized representative of the Company,then all liability of the Company shall termi- jurisdiction and expressly reserves the right, in its sole Company, the Assured shall grant its permission, in nate with regard to the matter or matters for which discretion,to appeal from an adverse judgment or order. writing, for any authorized representative of the Com- prompt notice is required;provided,however,that failure (d) In all cases where this Guarantee permits the pany to examine, inspect and copy all records, books, to notify the Company shall in no case prejudice the Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in rights of any Assured under this Guarantee unless the action or proceeding, an Assured shall secure to the the custody or control of a third party,which reasonably Company shall be prejudiced by the failure and then Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig- only to the extent of the prejudice. defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the therein, and permit the Company to use, at its option, Company pursuant to this Section shall not be disclosed 3. No Duty to Defend or Prosecute. the name of such Assured for this purpose.Whenever to others unless, in the reasonable judgment of the The Company shall have no duty to defend or prosecute requested by the Company, an Assured, at the Company, it is necessary in the administration of the Company's expense,shall give the Company all reason- claim. Failure of the Assured to submit for examination any action or proceeding to which the Assured is a able aid in any action or proceeding,securing evidence, under oath, produce other reasonably requested party, notwithstanding the nature of any allegation in obtaining witnesses, prosecuting or defending the information or grant permission to secure reasonably such action or proceeding. action or lawful act which in the opinion of the Company necessary information from third parties as required (5 continued) , x to the Assured shall not exceed the least of: , . - If a payment on account of a claim does not fully iy,,the above paragraph, unless prohibited by law or (a)the amount of liability stated in Schedule-A or over the loss of the Assured the Company shall be governmental regulation,shall terminate any liability of to Part 2; _zubrogated to all rights and remedies of the Assured the Company under this Guarantee to the Assured for (b)the amount of the unpaid principal indebted- after the Assured shall have recovered its principal, that claim. ness secured by the mortgage of an Assured mortgagee, interest,and costs of collection. as limited or provided under Section 6 of these 12. Arbitration. 5. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section Termination of Liability. 9 of these Conditions and Stipulations, at the time the Unless prohibited by applicable law, either the In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee Company or the Assured may demand arbitration pur- Company shall have the following additional options: occurs,together with interest theron;or suant to the Title Insurance Arbitration Rules of the (a) To Pay or Tender Payment of the Amount of (c)the difference between the value of the estate American Arbitration Association. Arbitrable matters Liability or to Purchase the Indebtedness. or interest covered hereby as stated herein and the value may include, but are not limited to,any controversy or of the estate or interest subject to any defect, lien or claim between the Company and the Assured arising out The Company shall have the option to pay or settle of or relating to this Guarantee, any service of the y or compromise for or in the name of the Assured an encumbrance assured against by this Guarantee. Company in connection with its issuance or the breach claim which could result in loss to the Assured within g. Limitation of Liability. of a Guarantee provision or other obligation.All arbitra- the coverage of this Guarantee,or to pay the full amount ble matters when the Amount of Liability is$1,000,000 of this Guarantee or, if this Guarantee is issued for the (a) If the Company establishes the title, or- or less shall be arbitrated at the option of either the benefit of a holder of a mortgage or a lienholder, the removes the alleged defect, lien or encumbrance, or Company or the Assured. All arbitrable matters when Company shall have the option to purchase the indebt- cures any other matter assured against by this the amount of liability is in excess of$1,000,000 shall edness secured by said mortgage or said lien for the Guarantee in a reasonably diligent manner by any be arbitrated only when agreed to by both the Company amount owing thereon,together with any costs,reason- method, including litigation and the completion of any and the Assured. The Rules in effect at Date of able attorneys' fees and expenses incurred by the- appeals therefrom, it shall have fully performed its Guarantee shall be binding upon the parties.The award Assured claimant which were authorized by .the obligations with respect to that matter and shall not be may include attorneys'fees only if the laws of the state Company up to the time of purchase. liable for any loss or damage caused thereby. in which the land is located permits a court to award Such purchase, payment or tender of payment of (b)In the event of any litigation by the Company or attorneys'fees to a prevailing party.Judgment upon the the full amount of the Guarantee shall terminate all lia- with the Company's consent,the Company shall have award rendered by the Arbitrator(s) may be entered in bility of the Company hereunder. In the event after no liability for loss or damage until there has been a final any court having jurisdiction thereof. notice of claim has been given to the Company by the determination by a court of competent jurisdiction,and The law of the situs of the land shall apply to an Assured the Company offers to purchase said indebted- disposition of all appeals therefrom,adverse to the title, arbitration under the Title Insurance Arbitration Rules. ness,the owner of such indebtedness shall transfer and as stated herein. assign said indebtedness, together with an collateral A copy of the Rules may be obtained from the g g y (c) The Company shall not be liable for loss or Company upon request. security,to the Company upon payment of the purchase damage to any Assured for liability voluntarily assumed price. by the Assured in settling.any claim or suit without the 13. Liability Limited to This Guarantee; Upon the exercise by the Company of the option prior written consent of the Company. Guarantee Entire Contract. provided for in Paragraph (a)the Company's obligation to the Assured under this Guarantee forthe claimed loss 9. Reduction of Liability or Termination of (a)This Guarantee together with all endorsements, or damage,other than to make the payment required in Liability. it any, attached hereto by the Company is the entire that paragraph,shall terminate,including any obligation All payments under this Guarantee; exce t a - Guarantee and contract between the Assured and the to continue the defense or prosecution of an litigation P y P P y Company. In interpreting any provision of this P Y 9 ments made for costs, attorneys' fees and expenses Guarantee, this Guarantee shall be construed as a for which the Company has exercised its options under pursuant to Paragraph 4 shall reduce the amount of whole. Paragraph 4,and the Guarantee shall be surrendered to liability pro tanto. the Company for cancellation. (b)Any claim of loss or damage,whether or not (b)To Pay or Otherwise Settle With Parties Other 10. Payment of Loss. based on negligence, or any action asserting such Than the Assured or With the Assured Claimant. (a) No payment sh claim,shall be restricted to this Guarantee. all be made without producing To pay or otherwise settle with other parties for or this Guarantee for endorsement of the payment unless (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed in the name of an Assured claimant any claim assured the Guarantee has been lost or destroyed,in which case hereon a attached hereto signed by either the against under this Guarantee,together with any costs, proof'of loss or destruction shall be furnished to the President, a Vice President,the Secretary,an Assistant attorneys'fees and expenses incurred by the Assured satisfaction of the Company. Secretary,or validating officer or authorized signatory of claimant which were authorized by the Company up to . (b)When liability and the extent of loss or damage the time of payment and which the Company is obligat- the Company. has been definitely fixed in accordance with these ed to pay. Conditions and Stipulatlons,'the loss or damage shall be 14. Notices,Where Sent. Upon the exercise by the Company of the option payable within thirty(30)days thereafter. provided for in Paragraph (b)the Company's obligation All notices required to be given the Company and to the Assured under this Guarantee for the claimed loss 11. Subrogation Upon Payment or Settlement. anystatement in writing required to befumished the . or damage,other than to make the payment required in . Company shall include the numberofthis Guarantee that paragraph,shall terminate,including any obligation Whenever the Company shall have settled and and shall be addressed to the Company at 1 First to continue the defense or prosecution of any litigation Paid a claim under this Guarantee, all right of subroga- American Way,Santa Ana,California 92707. tion shall vest in the Company unaffected by any act of for which the Company has exercised its options under the Assured claimant. Paragraph 4. . The Company shall be subrogated to and be 7. Determination and Extent of Liability. entitled to all rights and remedies which the Assured would have had against any person or property in This Guarantee is a contract of Indemnity against respect to the claim had this Guarantee not been issued. actual monetary loss or damage sustained or incurred If requested by the Company,the Assured shall transfer by the Assured claimant who has suffered loss or dam- to the Company all rights and remedies against any per- age by reason of reliance upon the assurances set forth son or property necessary in order to perfect this right in this Guarantee and only to the extent herein of subrogation.The Assured shall permit the Company described,and subject to the Exclusions From Coverage to sue,compromise or settle in the name of the Assured of This Guarantee. and to use the name of the Assured in any transaction The liability of the.Company under this Guarantee or litigation involving these rights or remedies. .r -2/3 CU. , U A RANT. EE AMEBIC 0 FirstAmerican Title Insurance Company H812073 Form No.1282(Rev.12/15/95) SUBDIVISION GUARANTEE Subdivision: Tract No. 9604 Order No. 11205:523-001-KR Policy No. H812073 Fee $300.00 First American Title Insurance Company. a corporation, herein called the Company, GUARANTEES The County of Santa Clara and any City within which said subdivision is located in a sum not exceeding$1,000.00. That according to those public records which, under the recording laws, impact constrictive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said map are: Owner: Masud Maesumi, a married man as his sole and separate property Trustee: Alliance Title Co. The Map herein before referred to is a subdivision of: All that certain real property situate in the City of Campbell, County of Santa Clara, State of California which was conveyed to Masud Maesumi by Grant Deed recorded on July 23, 2003 under Recorder's Series No. 17213030, Official Records. Dated: May 24, 2005 at 8:00 a.m. First American Title Insurance Company LE INS `t. ............'per.. sy /.7� y 1 SEIECYRER 2l, � � A7'iZrS"C i! (' "•�l/` �� Ht�RF:D7RY �'., 1969 .:!� -161, Authorized Signatory Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability,or assurances other than as contained herein,please contact the Company for further information as to the availability and cost. Issued by: Bay Area Title Plant SCHEDULE aCLUSIONS FROM COVERAGE OF THIR GUARANTEE 1., Except to the extent that specific assurances ai- �._vided in Schedule A of this Guarantee, the Company Ties no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters against the title,whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2)are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under(1), (2)or(3)are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule(A), (C)or in Part 2 of this Guarantee,or title to streets,roads,avenues,lanes,ways or waterways to which such land abuts,or the right to main- tain therein vaults,tunnels, ramps or any structure or improvements;or any rights or easements therein, unless such property,rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2)which result in no loss to the Assured;or(3)which do not result in the invalidity or potential invalidity of any judicial or non- judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity;legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute may be necessary or desirable to establish the title to The followina terms when used in the Guarantee Actions; Duty of Assured Claimant to the estate or interest as stated herein,or to establish the mean: Cooperate. lien rights of the Assured.If the Company is prejudiced a the "Assured":the party or parties named as Even though the Company has no duty to defend by the failure of the Assured to furnish the required ( ) the Assured in this Guarantee, or on a supplemental or prosecute as set forth in Paragraph 3 above: cooperation,the Company's obligations to the Assuredunder the Guarantee shall terminate. writing executed by the Company. (a) The Company shall have the right, at its sole (b) "land": the land described or referred to in option and cost,to institute and prosecute any action or 5. Proof of Loss or Damage. Schedule(A)(C)or in Part 2,and improvements affixed proceeding,interpose a defense,as limited in (b),or to In addition to and after the notices required under thereto which by law constitute real property.The term do any other act which in its opinion may be necessary Section 2 of these Conditions and Stipulations have "land"does not include any property beyond the lines of or desirable to establish the title to the estate or interest been provided to the Company, a proof of loss or dam- the area described or referred to in Schedule (A)(C) or as stated herein, or to establish the lien rights of the age signed and sworn to by the Assured shall be fur- in Part 2,nor any right,title,interest,estate or easement Assured,or to prevent or reduce loss or damage to the nished to the Company within ninety(90)days after the in abutting streets, roads, avenues, alleys, lanes, ways Assured.The Company may take any appropriate action Assured shall ascertain the facts giving rise to the loss or waterways. under the terms of this Guarantee,whether or not it shall or damage.The proof of loss or damage shall describe (c) "mortgage": mortgage, deed of trust, trust be liable hereunder, and shall not thereby concede lia- the matters covered by this Guarantee which constitute deed,or other security instrument. bility or waive any provision of this Guarantee. If the the basis of loss or damage and shall state,to the extent Company shall exercise its rights under this paragraph, (d} "public records": records established under it shall do so diligently. possible,the basis of calculating the amount of the loss state statutes at Date of Guarantee for the purpose of or damage. If the Company is prejudiced by the failure imparting constructive notice of matters relating to real (b)If the Company elects to exercise its options as of the Assured to provide the required proof of loss or property to purchasers for value and without knowledge. stated in Paragraph 4(a) the Company shall have the damage, the Company's obligation to such Assured (e)"date":the effective date. right to select counsel of its choice(subject to the right under the Guarantee shall terminate. In addition, the of such Assured to object for reasonable cause)to rep- Assured may reasonably be required to submit to exam- 2. . Notice of Claim to be Given by Assured resent the Assured and shall not be liable for and will not ination under oath by any authorized representative of Claimant. pay the fees of any other counsel,nor will the Company the Company and shall produce for examination, pay any fees,costs or expenses incurred by an Assured inspection and copying, at such reasonable times and An Assured shall notify the Company promptly in in the defense of those causes of action which allege places as may be designated by any authorized repre- writing in case knowledge shall come to an Assured matters not covered by this Guarantee, sentative of the Company, all records, books, ledgers, hereunder of any claim of title or interest which is (c)Whenever the Company shall have brought an checks, correspondence and memoranda, whether adverse to the title to the estate or interest, as stated action or interposed a defense as permitted by the pro- bearing a date before or after Date of Guarantee,which herein, and which might cause loss or damage for visions of this Guarantee,the Company may pursue any reasonably pertain to the loss or damage. Further, if which the Company may be liable by virtue of this litigation to final determination by a court of competent requested by any authorized representative of the Guarantee. If prompt notice shall not be given to the jurisdiction and expressly reserves the right, in its sole Company, the Assured shall grant its permission, in Company,then all liability of the Company shall termi- discretion,to appeal from an adverse judgment or order. writing, for any authorized representative of the Com- nate with regard to the matter or matters for which prompt notice is required;provided,however,that failure (d) In all cases where this Guarantee permits the pony to examine, inspect and copy all records, books, to notify the Company shall in d, case prejudice the Company to prosecute or provide for the defense of any ledgers, checks, correspondence and memoranda in rights of any Assured under this Guarantee unless the action or proceeding, an Assured shall secure to the the custody or control of a third party,which reasonably Company the right to so prosecute or provide for the pertain to the loss or damage. All information desig- Company shall be prejudiced by the failure and then Co to the extent of the prejudice. defense of any action or proceeding, and all appeals nated as confidential by the Assured provided to the only therein, and permit the Company to use, at its option, Company pursuant to this Section shall not be disclosed 3. No Duty to Defend or Prosecute. the name of such Assured for this purpose. Whenever to others unless, in the reasonable judgment of the requested by the Company, an Assured, at the Company, it is necessary in the administration of the The Company shall have no duty to defend or prosecute Company's expense,shall give the Company all reason- claim.Failure of the Assured to submit for examination any action or proceeding to which the Assured is a able aid in any action or proceeding,securing evidence, under oath, produce other reasonably requested party, notwithstanding the nature of any allegation in obtaining witnesses, prosecuting or defending the information or grant permission to secure reasonably such action or proceeding. action or lawful act which in the opinion of the Company necessary information from third parties as required to comrnueu) w uic noauicu oua..-,u..v........w • -rv•••-••--'•--------- -- in the above paragraph, unless prohibited by law or (a)the amount of liability stated in Schedule A or cover the loss of the Assured the Company shall be governmental regulation,shall terminate any liability of n Part 2; wbrogated to all rights and remedies of the Assured ttia Company under this Guarantee to the Assured for (b) the amount of the unpaid principal indebted- e the Assured shall have recovered its principal, that claim. ness secured by the mortgage of an Assured mortgagee, Untrterest,and costs of collection. as limited or provided under Section 6 of these 12. Arbitration. 6. Options to Pay or Otherwise Settle Claims: Conditions and Stipulations or as reduced under Section Termination of Liability. 9 of these Conditions'and Stipulations,at the time the Unless prohibited by applicable law, either the In case of a claim under this Guarantee, the loss or damage assured against by this Guarantee Company or the Assured may demand arbitration pur- Company shall have the following additional options: occurs,together with interest theron;or suant to the Title Insurance Arbitration Rules of the (a) To Pay or Tender Payment of the Amount of (c)the difference between the value of the estate American Arbitration Association. Arbitrable matters Liability or to Purchase the Indebtedness: or interest covered hereby as stated herein and the value may include,but are not limited to,any controversy or of the estate or interest subject to any defect, lien or claim between the Company and the Assured arising out The Company shall have the option to pay or settle encumbrance assured against by this Guarantee. of or relating to this Guarantee, any service of the or compromise for or in the name of the Assured any Company in connection with its issuance or the breach claim which could result in loss to the Assured within B. Limitation of Liability. of a Guarantee provision or other obligation.All arbitra- the coverage of this Guarantee,or to pay the full amount ble matters when the Amount of Liability is$1,000,000 of this Guarantee or, 9 this Guarantee is issued for the (a) If the Company establishes the title, or or less shall be arbitrated at the option of either the benefit of a holder of a mortgage or a lienholder, the removes the alleged defect, lien or encumbrance, or Company or the Assured. All arbitrable matters when Company shall have the option to purchase the indebt-- cures any other matter assured against by this the amount of liability is in excess of$1,000,000 shall edness secured by said mortgage or said lien for the Guarantee in a reasonably diligent manner by any be arbitrated only when agreed to by both the Company amount owing thereon,together with any costs,reason- method, including litigation and the completion of any and the Assured. The Rules in effect at Date of able attorneys' fees and expenses incurred by the appeals therefrom, it shall have fully performed its Guarantee shall be binding upon the parties.The award Assured claimant which were authorized by the obligations with respect to that matter and shall not be may include attomeys'fees only if the laws of the state Company up to the time of purchase. liable for any loss or damage caused thereby., in which the land is located permits a court to award Such purchase, payment or tender of payment of (b)In the event of any litigation by the Company or attorneys'fees to a prevailing party.Judgment upon the the full amount of the Guarantee shall terminate all lia- with the Company's consent,the Company shall have award,rendered by the Arbitrator(s) may be entered in bility of the Company hereunder. In the event after no liability for loss or damage until there has been a final any court having jurisdiction thereof. notice of claim has been given to the Company by the determination by a court of competent jurisdiction,and The law of the situs of the land shall apply to an Assured the Company offers to purchase said indebted- disposition of all appeals therefrom,adverse to the title, arbitration under the Title Insurance Arbitration Rules. ness,the owner of such indebtedness shall transfer and as stated herein. A copy of the Rules may be obtained from the assign said indebtedness, together with any collateral . (c) The Company shall not be liable for loss or Company upon request. security,to the Company upon payment of the purchase damage to any Assured for liability voluntarily assumed price. by the Assured in settling any claim or suit without the 13. Liability Limited to This Guarantee; Upon the exercise by the Company of the option prior written consent of the Company. Guarantee Entire Contract. provided for in Paragraph (a)the Company's obligation to the Assured under this Guarantee for the claimed loss 9. Reduction of Liability or Termination of (a)This Guarantee together with all endorsements, or damage,other than to make the payment required in Liability. if any, attached hereto by the Company is the entire that paragraph,shall terminate,including any obligation All payments under this Guarantee, except pay- Guarantee and contract between the Assured and the to continue the defense or prosecution of any litigation ments made for costs, attorneys' fees and expenses Company: In interpreting any provision of this Guarantee, this Guarantee shall be construed as a for which the Company has exercised its options under pursuant to Paragraph 4 shall reduce the amount of whole. Paragraph 4,and the Guarantee shall be surrendered to liability pro tanto. the Company for cancellation. (b)Any claim of loss or damage,whether or not (b)To Pay or Otherwise Settle With Parties Other 10. Payment of Loss. based on negligence, or any action asserting such Than the Assured or With the Assured Claimant. (a) No pa claim,shall be restricted to this Guarantee. yment shall be made without producing (c) No amendment of or endorsement to this To pay or otherwise settle with other parties for or this Guarantee for endorsement of the payment unless Guarantee can be made except by a writing endorsed in the name of an Assured claimant any claim assured the Guarantee has been lost or destroyed,in which case hereon or attached hereto signed by either the against under this Guarantee,together with any costs, proof of loss or destruction shall be furnished to the President,a Vice President,the Secretary,an Assistant attorneys'fees and expenses incurred by the Assured satisfaction of the Company: Secretary,or validating officer or authorized signatory of claimant which were authorized by the Company up to b When liabilityand the extent of loss or damage . the time of payment and which the Company is obligat- ( ) g the Company. . P has been definitely fixed in accordance with these ed to pay. Conditions and Stipulations,the loss or damage shall be 14. Notices,Where Sent. Upon the exercise by the Company of the option payable within thirty(30)days thereafter. provided for in Paragraph (b)the Company's obligation Allnoticesrequired to be given the Company and to the Assured under this Guarantee for the claimed loss 11. Subrogation Upon Payment or Settlement. anystatement in writing requiredto befumished the or damage,other than to make the payment required in Company shall include the numberofthis Guarantee; that paragraph,shall terminate,including any obligation Whenever the Company,shall have settled and and shall be addressed to the Company at 1 First to continue the defense or prosecution of any litigation Paid a claim under this Guarantee,all right of subroga- American Way,Santa Ana,California 92707. for which the Company has exercised its options under- ton shall vest in the Company unaffected by any act of the Assured claimant. Paragraph 4. The Company shall be subrogated to and be 7. Determination and Extent of Liability. entitled to all rights and remedies which the Assured would have had against any person or property in This Guarantee is a contract of Indemnity against respect to the claim had this Guarantee not been issued. actual monetary loss or damage sustained or incurred If requested by the Company,the Assured shall transfer by the Assured claimant who has suffered loss or dam- to the Company all rights and remedies against any per- age by reason of reliance upon the assurances set forth son or property necessary in order to perfect this right in this Guarantee and only to the extent herein of subrogation.The Assured shall permit the Company described,and subject to the Exclusions From Coverage to sue,compromise or settle in the name of the Assured of This Guarantee. and to use the name of the Assured in any transaction The liability of the Company under this Guarantee or litigation involving these rights or remedies. WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL OF SANTA CLARA COUNTY TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA May 9, 2005 Akbar Abdollahi 3131 S. Bascom Avenue, Suite 101 Campbell, CA 95008 RE: Tract 9604 213 W. Rincon Avenue,Campbell Dear Mr.. Abdollahi: District staff has reviewed the sanitary sewer improvement for Tract 9604. The on-site sanitary sewer will be a privately maintained sewer system. The district will be responsible to maintain the 6-inch lateral within the public right-of-way in Rincon Avenue. A district registered underground contractor is required for the installation of this 6-inch lateral. Final approval from the district will be in the form of sewer connection permits after payment of the following fees: Plan check fee $ 250.00 -Inspection fee $ 255.00 Capacity fee(4 lots @$998.69) $3,994.76 Sewer connection permits 5 lots na $262.50) $1,312.50 TOTAL $5,812.26 Pursuant to district Ordinance Code Section 10.130 "TIME OF PAYMENT OF SEWER CONNECTION AND TREATMENT PLANT CAPACITY FEES",these fees must be paid prior to the recordation of the tract map. Please contact Henry Yau or Mel Hoff at(408)378-24407 to schedule an appointment for the issuance of the sewer connection permits. Very t yours, Iathan K.Lee nior Civil Engineer cc: Mel Hoff, WVSD Henry Yau, WVSD Edward Arango, City of Campbell 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:(408) 378-2407 Fax: (408) 364-1821 WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL OF SANTA CLARA COUNTY TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA October 28, 2004 Ed Arango Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Tract 9604 213 Rincon Avenue, Campbell Dear Ed: This is the district's "WILL.SERVE" letter for the above-referenced residential development. The district will provide sanitary sewer services to the 5-lot townhouse development. The on-site sewer system shall be a privately maintained system designed and constructed to the district's public sewer standards. The developer is required to pay all applicable fees for the approval of the sanitary sewer improvement. Please call if you have any questions. Very trul yours, Joi than K. Lee Se i or Civil Engineer cc: Saeid Razavi, SMP Company 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:(408) 378-2407 Fax: (408) 364-1821 . y _ MEMORANDUM To: l lberta Qxonian, Sen or avil Er_g_ineer.' cc Marlene Pomeroy, Exec. Asst., DPW From: J emsley e;uty City Clerk Date: June 8, 2005 Subject: Approval of Tract Map and Acceptance of Public Service Easement - 213 W. Rincon Avenue At the regular meeting of June 7, 2005, the City Council adopted Resolution No. 10509 approving the Tract Map for Tract No. 9604 and accepting the public service easement which is offered for dedication of the Tract Map for property located at 213 W. Rincon Avenue. A certified copy of this Resolution is attached for your records. RESOLUTION NO. 10509 A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING THE FINAL TRACT MAP FOR TRACT NO. 9604 AND ACCEPTING THE PUBLIC SERVICE EASEMENT OFFERED THEREON FOR PROPERTY LOCATED AT 213 WEST RINCON AVENUE WHEREAS, on April 20, 2004, the City Council of the City of Campbell adopted Resolution 3546 approving a Tentative Subdivision Map-for property located at 213 W. Rincon Avenue;:'and WHEREAS, the Final Tract Map has been submitted and found to be in compliance with the Subdivision Map Act and Title 20 of the Campbell Municipal Code; and WHEREAS, a public service easement is shown on the map and offered for dedication. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the Final Tract Map for Tract No. 9604, consents to the recording of said map, and accepts the public service easement offered on said map in accordance with the terms of the dedication. PASSED AND ADOPTED this 7th day of June, 2005, by the following roll call vote: AYES: Councilmembers: Burr, Hernandez, Furtado, Watson, Kennedy NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: ne P. Kennedy, Mayor ATTEST: � M. A 06;'r ap we �suo AM Anne Bybee, City Clerk 0AMMM' tix 6 ,�b� TRACT NO. 9604 OWNER'S STATEMENT CONSISTING OF TWO(2)SHEETS 'I HEREBY STATE THAT I AM THE OWNER OF OR HAVE SOME'RIGHT,TITLE,OR FIVE(gNEW TOWNFIOMES DEVELOPMENT . INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN i UPON THIS MAP; THAT I AM THE ONLY PERSON WHOSE CONSENT IS NECESSARY ��.,3 WEST RIIdGON d11!E:�CPtMPBE��.,'CALIFORNIA 950Q8. Too O PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT' TO THE MAKING AND RECORDING OF SAID MAP AS SHOWN WITHIN THE DISTINCTIVE ALL THAT CERTAIN.REAL PROPERTY:91710hT6'IN TMe CITY OF CAMPBELL COVNTY.OF SANTA'CLARA,STATE'OF.CAIFORNIA BORDER LINE. 1t.FiiGlL.v[AS _CvmVElrlp_Ip.Mn9u0 M�$SUIT-la`(GwaH.C.FEED_Q[ce2G[p - I ALSO HEREBY DEDICATE,70 PUBLIC USE,All'(EASEMENTS FOR PUBLIC UTILITY o�+3ffLLY?'i.••�3�OIJCER.�_R60o¢Q�g'¢ s_4l>Q,4 I�ifL_12213_ck3 +��CIAL RYEeR05:.. _ �I - FACILITIES,DESIGNATED ON THIS MAP AS'PUBLIC SERVICE EASEMENT(P.S:E) FOR SUCH USES AS WATER MAINS,GAS MAINS,PUBLIC UTILITIES, - - INCLUDING ELECTRIC, COMMUNICATION AND CABLE TELEVISION FACILITIES.AND OTHER SEPTEMBER 2D04 SIMILAR USES. TOGETHER WITH APPURTENANCES THEREOF.SAID PUBLIC SERVICE EASEMENT " SHALL BE KEPT-OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND /`�/'�p.� /��1�/ EXCEPT LAWFUL FENCES,SURFACE PAVEMENT,LAWFUL UNSUPPORTED ROOF SMP ICOMPY'tl`f'IY CITY CLERK'S-STATEMENT OVERHANGS,IRRIGATION SYSTEMS,UTILITY COMPANY STRUCTURES AND APPURTENANCES THEREOF. Civil Eagi n -la»d SurysyPsa I HEREBY.STATE THAT THIS MAP,DESIGNATED AS TRACT NO 9604,CONSISTING OF TWO(2) I ALSO HEREBY.DEDICATE,TO PRIVATE USE,EASEMENTS FOR THE CONSTRUCTION,USE 1211 P Y bev q 9Wb E08, 9 rem;Ca usiae SHEETS,WAS APPROVED BY THE CITY COUNCIL OF HE CITY OF CAMPBELL AT MEETING OF SAID AND MAINTENANCE OF PRIVATE STORM DRAINS UPON,OVER AND THROUGH THE AREAS COUNCIL HELD ON THE AND THAT SAID COUNCIL ACCEPTED,.:SUBJECT TO DESIGNATED AND DELINATED IN THIS MAP AS"PRIVATE STORM DRAIN EASEMENT". - IMPROVEMENT,ON BEHALF OF THE PUBLIC, ALL STREETS AND EASEMENTS DEDICATED TO PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE DEDICATION,.,EXCEPT FOR PUBLIC UTILITY- TO PRIVATE USE, EASEMENTS - EASEMENT(P.U.E.)ON LOT 6. AND MAINTENANCE OF P OVER AND THROUGH THE AREAS ATED IN THIS MAP AS PRIVATE SANITARI li'pEFif S6) - DATE: LOT'6'IS NOT OFFERED FOR DEDICATION AND IS RESERVED FOR THE FUTURE CONVEYANCE ENGINEER'S STATEMENT ANNE BYBEE TO THE OWNERS AND/OR HOMEOWNERS ASSOCIATION OF THIS SUBDIVISION.LOT'6'IS A ;'--"-"---�—'-' -'----'--- CITY CLERK 'COMMON AREA"AND IS NOT DEDICATED FOR THE USE BY THE GENERAL PUBLIC,BUT IS THIS MAP WAS PREPARED BY ME DR UNDER MY DIRECTION AND IS BASED UPON A CITY OF CAMPBELL RESERVED FOR THE USE OF THE,HOMEOWNERS OF THE SUBDIVISION'FOR BUT NOT LIMITED FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF 7NE SUBDIVISION MAP TO, ACCESS,PARKING,UTILITIES,DRAINAGE,INGRESS AND EGRESS IN ACCORDANCE WITH CITY ENGINEER'S STATEMENT THE SUBDIVISION RESTRICTIONS FOR THIS MAP.LOT'6',INCLUDES THE PRIVATE DRIVEWAY ACT AND LOCAL ORDINANCE AT THE REQUEST OF MASUD MAESUMi DURING JANUARY -- ' SHOWN ON THIS MAP. 2004.'1 HEREBY STATE THAT THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN FINAL TRACT MAP; THAT - APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP,IF ANY; THAT THE SURVEY THE MAP IS SUBSTANTIALLY.THE SAME AS IT APPEARED ON THE _ IS TRUE AND COMPLETE AS SHOWN; THAT ALL MONUMENTS ARE OF THE CHARACTER TENTATIVE MAP,AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL AND OCCUPY THE POSITIONS INDICATED,OR THAT THEY WILL BE SET IN THOSE AS OWNERS: III)R1N(AN LLC. r PROVHSIONS DF CHAPTER*2 OF THE CALIFORNIA STATE SUBDIVISION MAP POSITIONS ON OR BEFORE OCTOBER 2006: THAT THE MONUMENTS ARE;OR WILL BE, ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIMF OF APPROVAL A 6ALlF�N1 &� �MPIU�IT SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. _ 711 W 1 LL. 21�j R1NCOIJ,.:M.=G� GaOF1EL /Sb Ky IWaN1►GCII><- DATE _ DATE: . ALFREDO ASQUEZ-O. - MICHELLEOUINNEY,Gtt ENGINEER AS TRUSTEE: ALLIANCE ATLE CO. R.C.E. NO.C32436 OF THE CITY OF CAMPBELL,.CALIFORNIA _ pV91Lu0/jq� EXPIRATION DATE: 12-31-04 4E^- - R.C,E.No.44144 EXP.6/30/2005 BY: OWNER'S ACKNOWLEDGMENT AM SATISFIED THAT THE WITHIN TRACT MAP IS TECHNICALLY CORRECT. STATE OF CALIFORNIA - q�F OT LA COUNTY OF SANTA CLARA ' - f (1 qq DATE: /:/"T ON r�'U f�Q. aS a'coS 298t,BEFORE ME,` JAWIN HAROLD HOUSED . A NOTARY PUB AID STATE,PERSONALLY APPEARED - .TRUSTEE'S ACKNOWLEQGEMENT __.C �/'-121-. •��-Y _ RCE 16807 EXP.6/30/05 3 •(Q, PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE STATE OF CALIFORNIA BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S) /ARE COUNTY OF SANTA CLARA 4' ¢ SUBSCRIBED TO THE WITHII�INSTRUMENT AND ACKNOWLEDGED TO ME THAT8jSHE/THEY RECORDER'S STATEMENT ' CUTED THE SAME IN Q))$I/HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY ON oc+ I � `2004,BEFORE ME.C. PI SQ.M1O HI/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S),DR THE ENTITY UPON A NOTARY PUBLIC IN AND FOR THE SAID STATE,PERSONALLY APPEARED BEHALF OF WHICH THE PERSON(5)ACTED,EXECUTED THE INSTRUMENT. �'i'^r� �a"`k•� - - PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE FILED THIS DAY OF 2005;AT__.M., WITNESS MY HAND:Aer4e_ l�_""_ BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)'&ARE IN BOOK OF MAPS AT PAGE(S)_AND_,SANTA CLARA COUNTY RECORDS, SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT E/THEYSIGNATURE CUTED THE SAME IN tff HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BYAT THE REQUEST OF SMP COMPANY. PRINTED NAME: IS ER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S).OR,THE ENTITY UPON HALT OF WHICH THE PERSON(S)ACTED,EXECUTED THE INSTRUMENT.- PRINCIPLE PLACE OF BUSINESS: R��l[[/1CC 7><C o (•oe,P6eII I C!}. WITNESS MY HAND: FILE NO.: BRENDA DAVIS.COUNTY RECORDER COMMISSION NO.: I IA,00100 EXPIRATION OF COMMISSION: d- SIGNATURE: CPCA.n.v.� SANTA CLARA COUNTY,CALIFORNIA - [1 FEE: .PAID. PRINTED NAME: C-•` �1D - - BYz.' PRINCIPAL PLACE OF BUSINESS: CL'...,,plt DEPUTY COMMISSION NO.: SOILS REPORT EXPIRATION OF COMMISSION: - _ - A SOILS REPORT WAS PREPARED BY-AMERICAN SOIL TESTING,INC. ' DATED APRIL 19,2004,AND SIGNED BY ANDREW A.GHOFRANI, - R,C.E. 38159 SMEET10F2 DISTANCE — BEARING L9 37.50 SOO*14'35 E I TRACT 1�'O. 9604 LI -21.0• N89'52'26"W LIO 37.50 SOD'14'35"E LOT SO.FT. ACRES L2 54.0' N89'52'26"W Lil 37.50 SOO'14'35'E LOT#I 3,131 0.071 CONSISTING OF TWO(2)SHEETS L3 54.0' N8952'26'W L12 37.50 S0014'35"E LOT#2 2,025 0.046 LOT#3 2,025 0.046 FIVE(5)NEW TOWNHOFi1ES DEVELOPMENT L4 54.0' N89'52'26"W L13 37.50 soo•,4�3s•E -WEST RINCON AVE,CAI(/IP8ELL.. CALIFORNIA- 95008' L5 54.0' N89'52'26'W 1_14 37.50 SGOI 4'35"E. LOT#4 2.025 0.046 L6 21.0' N89'52'26"W L15 43.00' S0074.35"E LOT q5 2,667 0:065 ALL THAT,CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CAMPBELL.COUNTY OF SANTA CLARA;STATE OF CALIFORNIA - 7et11��N';,N4$ SOO'14'35"E g6 3, SOO-,4'35`E L7 57.99' L16 17.01 LOT 937 o.oso -- M9>�.y�t1411 :B.y_`;MmIIC+prIL..:D1GD RE[oIc:D6D- Le 57.99' S0094'35'E L17 25.99 S00'1435'E TOTAL �• 0,384 RN"'�Bl`X" JY .BOO .UAIQ�f�:2Er?�DF.2�:_-.S.•elE�_N0. �22I'�Lll .-.:OEF{GflL � QDS. . 2DO4 SCALET;-W FND 3/4"I.P. Gv OPEN B - l }.I SMP COMPANY O_ _CAMP13ELL AVE, — CiAl Engi.e —L—d S—yor9 1211 Perk Arc ,9 Il 2D8 9en lose,CA 95129 p .. ui. FND 3/4"I.P. LL OPEN©.DO W I FND 3/4"I.P. NOTES: OPEN W.ROSE CT. - ALL.DIMENSIONS ARE IN FEET AND DECIMALS THEREOF.THE CL'. N89'S1'49'W 21046"(2104T)-.D: DISTINCTIVE BORDER LINE INDICATES THE BOUNDARY OF LAND suBIw - THE OARFAD Y THIS MAP. OF ND WITHIN THE DISTINCTIVE BORDER LINE SCALE:1"=50' IS 16,010 S0.FT. II - o 'z a BASIS OF BEARINGS: R.S.167144 � THE BEARING N89'52'26"W OF THE MONUMENT LINE OF W.RINCON AVE. W AS SHOWN ON THE RECORD OF SURVEY RECORDED IN BOOK 370 m U OF'MAPS AT PAGE 5.SANTA CLARA COUNTY RECORDS,WAS TAKEN AS PARCEL A BASIS OF BEARINGS. - I^ i REFERENCES: I�@ FZ - APN 305J1-035 - (Z) TRACT NO 7352,BOOK 558 PAGE 12- RECORDED APRIL 1986 - FND I 3/4'I.P. � �I � © RECORD OF SURVEY MAP BOOK 370 PAGES SQc6 -RECORDED APRIL 1976 p OPEN,DOWN 07 � O C RECORD OF SURVEY MAP BOOK 157 PAGE 44-RECORDED MARCH 1963 NN'552'26'W to J 75.00 F QD RECORD OF SURVEY MAP BOOK 141 PAGE 56-RECORDED JANUARY 1962 Iz APN 30531-034 L6 LOTMS OE TRACT NO 6640 BOOK 446 PAGE 51 -RECORDED AUGUST 1979 ^.I ~ 0 GRANT DEED,DOC NO: 17213030 RECORDED JULY 23,2003. W I $ TRACT S835 w ©TRACT NO.'5635 BOOK 353 PAGE 7-RECORDED MARCH 21.1975 > LOTb4 i I-'" LOTS 1.25 "yy'm— L4 J LEGEND O I I - I R - .LOT7 ©,.i( o LOT A 3, I �, TRACT 7352- $I ' APN'J0531-000 - I'I — _-= STREET CENTER LINE 3 I< ------- DISTINCTIVE BORDER LINE Wlm J LOTa2 i' y EASEMENT LINE LOT LINE. 'PRIVATE STORM ORAN EASEMENT INDICATES FOUND 5T9NDARD CITY MONUMENT i/-S BOX AND MONUMENT AS SHOWN. m LOTg7''I I 30, 30' O - INDICATES SET.3/4'IRON PIPE WITH PLASTIC 5' 20' I l(1 P.S.E.: CAP RCE 32436 PRIVATE DRIVEWAY / P.SE. PUBLIC-SERVICE EASEMENT —"1 I FND 3 4'I.P. _ 1 54.00 OPEIJ,FLUSH© I P.S.S.E. PRIVATE SANITARY SEWER EASEMENT E, 75.00 O _ FND 3/4"I.P. FND 3�4"I.P. RCE 14070,FLUSH® 415.97 'OPEN&(g) P.U.E.. PUBLIC UTILITY EASEMENT N 89'52'26'W. 891.45' Q (�', FND FOUND -- — W. f21NCON AVE. R5.3To,6 —. --- • VINDICATES FOUND MONUMENTS AS NOTED FND 3/4'I.P. W/$- TIC CAP DOC.NO. DOCUMENT NUMBER MARKED C OF C ENGR.BO C OF C CITY OF CAMPBELL SHEET 2OF2 city Council Item No.: 9. Category: Consent Calendar Report Date: June 7, 2005 TITLE: Approval of Tract Map and Acceptance of Public Service Easement - 213 W. Rincon Avenue (Resolution/Roll Call Vote) RECOMMENDATION That the City Council adopt the attached resolution approving the Tract Map for Tract No. 9604 and accepting the public service easement which is offered for dedication on the Tract Map for property located at 213 W. Rincon Ave. DISCUSSION On April 20, 2004, the City Council adopted the following resolutions for the property located at 213 W. Rincon Avenue: 1. Resolution No. 3544 approving a Zone Change (PLN 2003-139) from R2- S (Multiple Family Residential) to P-D (Planned Development. 2. Resolution No. 3545 approving a Planned Development Permit (PLN 2003-140) to allow the construction of five townhome units. 3. Resolution No. 3546 approving a Tentative Subdivision Map (PLN 2003- 141) to allow five residential lots and one common drive lot. The Final Tract Map has been prepared, reviewed by staff and found to be in compliance with the Subdivision Map Act and Title 20 of the Campbell Municipal Code. A public service easement is shown on the map and offered for dedication.- FISCAL IMPACT There is no fiscal impact associated with this action. ALTERNATIVES Do not approve the Final Tract Map and do not accept the public service easement. This alternative is not recommended because the Final Tract Map providing this dedication is consistent with the previously approved Tentative Map. Approval of Tract Map and Acceptance of Public Service Easement - 213 W. Rincon Avenue: Page 2 June 7, 2005 Prepared by: Alberto Oxonian, Sr. Civil Engineer Reviewed by: l/ Michelle Quinney, City Engineer/ i — Public Works D' c r ing Approved by: Robert Kass, Interim City Manager Attachments: Resolution Map of Tract 9604 i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL 'APPROVING THE FINAL TRACT MAP FOR TRACT NO. 9604 AND ACCEPTING THE PUBLIC SERVICE EASEMENT OFFERED THEREON FOR PROPERTY LOCATED AT 213 WEST RINCON AVENUE WHEREAS, on April 20, 2004, the City Council of the City of Campbell adopted Resolution 3546 approving a Tentative Subdivision Map for property located at 213 W. Rincon Avenue; and WHEREAS, the Final Tract Map has been submitted and found to be in compliance with the Subdivision Map Act and Title 20 of the Campbell Municipal Code; and WHEREAS, a public service easement is shown on the map and offered for dedication. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby approves the Final Tract Map for Tract No. 9604,-consents to the recording of said map, and accepts the public service easement offered on said map in accordance with the terms of the dedication. PASSED AND ADOPTED this 7t' day of June, 2005, by the following roll call vote: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Jane P. Kennedy, Mayor . ATTEST: ' Anne Bybee, City Clerk TRACT'N0. .960`4 OWNER'S STATEMENT CONSISTING OF TWO(2)SHEETS.' I HEREBY STATE THAT I AM THE OWNER OF OR HAVE SOME RIGHT,TITLE,OR FIVE(5)NEW TOWNHOMES DEVELOPMENT INTEREST IN AND TO THC REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP; THAT I AM THE ONLY PERSON WHOSE CONSENT IS NECESSARY 213 WEST RINCON.AVE:I CAMPBELL. .CALIFORNIA 95008'. TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT' TO THE MAKING AND RECORDING OF SAID MAP AS SHOWN WITHIN THE DISTINCTIVE ALL THAT CERTAIN.REAL PROPERTY 4rrL WT6-AIM TP CITY OF CAMPBELL,COUNTV.OF SANTA'CLARA,STATE OF.CALIFORNIA BORDER LINE. 'NLIICLL Wq5�:WNV6yIfL_YD.MlA9u0,e•MaesLka.:IIYGjt,8W DEED pEfGR'O¢O ,.. I ALSO HEREBY DEDICATE,TO PUBLIC USE,A11'(EASEMENTS FOR PUBLIC UTILITY .04 j lY 2'•j_Qop9:uN06R_R$pv¢qRa 8.5/441s N�J72L'Jd1- fLrl4L R6C6R05)� " FACILITIES,DESIGNATED ON THIS MAP AS'PUBLIC SERVICE EASEMENT'(P.S.E.) I- ,FOR SUCH USES AS WATER MAINS,GAS MAINS,PUBLIC UTILITIES, INCLUDING ELECTRIC,.COMMUNICATION AND CABLE TELEVISION FACILITIES, AND OTHER SEMMBER 2004 SIMILAR USES,TOGETHER WITH APPURTENANCES THEREOF.SAID PUBLIC SERVICE EASEMENT SHALL BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT LAWFUL FENCES,'SURFACE PAVEMENT,LAWFUL UNSUPPORTED ROOF SMP-COMPANY CITY_CCERKS_STA7RMENT OVERHANGS,IRRIGATION SYSTEMS,UTILITY COMPANY STRUCTURES AND APPURTENANCES ClvTi Englhasrs-Levd S�ssveyos THEREOF. 1 HEREBY STATE THAT THIS MAP,DESIGNATED AS TRACT NO 9604,CONSISTING OF TWO(2). iza Pert A.eneq swte Zoe 'Sm ama G 88T28 SHEETS,WAS APPROVED BY THE CITY COUNCIL,OF HE CITY OF CAMPBELL AT,MEETING OF SAID I ALSO HEREBY DEDICATE,TO PRIVATE USE,EASEMENTS FOR THE CONSTRUCTION,USE - AND MAINTENANCE OF PRIVATE STORM DRAINS UPON,OVER AND THROUGH THE AREAS COUNCIL HELD ON THE T_AND THAT SAID COUNCIL ACCEPTED,SUBJECT TO DESIGNATED AND DELINATED IN-THIS MAP AS"PRIVATE STORM DRAIN EASEMENT'.- IMPROVEMENT,ON BEHALF OF THE PUBLIC,ALL STREETS AND EASEMENTS DEDICATED TO PUBLIC USE IN CONFORMITY WITH THE TERMS OF THE DEDICATION;.,EXCEPT FOR PUBLIC UTILITY 70 PRIVATE USE,EASEMENTS F EASEMENT(P.U.E.)ON LOT 6. AND MAINTENANCE OF nVFR AND THROUGH THE AREAS �• ND UELNAIEU IN THIS MAY AJ PRIVATE JANITARY L7R9AIP11T'rEli,Gsh) _ _ . LOT'6'IS NOT OFFERED FOR DEDICATION AND IS RESERVED FOR THE FUTURE CONVEYANCE DATE: TO THE OWNERS ANO OR HOMEOWNERS ASSOCIATION OF THIS SUBDIVISION.LOT'6'IS A _ENGINEER'S STATEMENT ANNE BYBEE /'COMMON AREA AND IS'NOT DEDICATED FOR THE USE BY.THE GENERAL PUBLIC,BUT IS . THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A CITY OFCCAMPBELL RESERVED FOR THE USE OF THE,HOMEOWNERS OF THE SUBDIVISION'FOR,BUT NOT LIMITED FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTSOF:THE SUBDIVISION MAP TO, ACCESS,PARKING,UTILITIES,DRAINAGE,INGRESS AND EGRESS IN ACCORDANCE WITH ACT AND LOCAL ORDINANCE C THE REQUEST REQUIREMENTS MASUD MAEEUMI DURING ONNMARY CITY ENGINEER'S STATEMENT THE SUBDIVISION RESTRICTIONS FOR THIS MAP.LOT,'6',INCLUDES THE PRIVATE DRIVEWAY 2004.' I HEREBY STATE THAT THIS TRACT MAPSUBSTANTIALLYMUD ES CONFORMS A THE SHOWN ON THIS MAP. APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP,IF ANY, THAT THE SURVEY I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN FINAL TRACT MAP; THAT ' IS TRUE AND COMPLETE AS SHOWN; THAT ALL MONUMENTS ARE OF THE CHARACTER THE MAP IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE AND OCCL'1'Y THE POSITIONS INDICATED.OR THAT THEY WILL BE SET IN THOSE TENTATIVE MAP,AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL . AS OWNERS: '�hj al"C0N.LLC A." POSITIONS ON OR BEFORE OCTOBER 2006; THAT THE MONUMENTS ARE,'OR WILL-BE, PROVISIONS OF CHAPTER OF THE CALIFORNIA STATE SUBDIVISION MAP A,CAUI1 Rrn4.L4jh jTEOI-IASRITT cCMPANr SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. _ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TiMF,OF APPROVAL (AAM4a•,(S6 OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. 31l IG�W Nf� rJ Q 4501 / tgp..c,�L BY: z/9 RIWCpW VLCr G�0�Y6�tAX6KlT MANA 6�eR[" DATE 7 �Ij•' - 1 DATE: ll ALFREDO ASOUEZ-O. MICHELLE OUINNEY,CITY ENGINEER A1 AS TRUSTEE: ALLIANCE TLE CO. R.C.E. NO.C32436 OF THE CITY OF CAMPBELL,.CALIFORNIA pYpFfSLppq� EXPIRATION DATE 12-31-04 k R.C.E.No. 44144 EXP.6/30/2005 OWNER'S ACKNOWLEDGMENT I AM SATISFIED THAT THE WITHIN TRACT MAP IS TECHNICALLY CORRECT. �t crvL sQr STATE OF CALIFORNIA - 9l!OF COUNTY OF SANTA CLARA �1 al gA914 d•s�aJS DATE: ON I " ^at=,BEFORE,ME,` � Ilk.MN-HAROLD HOUSL A NOTARY PU A_SrAID RL ND 0 A STATE,PERSONALLY APPEARED TRUSTEE RICE'S ACKNOWLEDGEMENT 30 � } rely�171" 16so� EXP.6/ /05 pRayy 3 PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE STATE OF CALIFORNIA - 8 Ift_ , BASIS OF SATISFACTORYL EVIDENCE)TO BE THE PERSON(S)WHOSE NAME(S)I /ARE COUNTY OF SANTA CLARA SUBSCRIBED TO THE WITH INSTRUMENT AND ACKNOWLEDGED TO ME THAT/SHE/THEY* OG "f RECORDER'S STATEMENT GUTTED THE SAME IN Qfl$I/HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY ON 2004,BEFORE ME,C. Pf 52h•� --- HI/HER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON A NOTARY PUBLIC IN AND FOR THE SAID STATE,PERSONALLY APPEARED BEHALF OF WHICH THE PERSON(S)ACTED, EXECUTED THE INSTRUMENT. D4*.:-� 6a..^•kc.r' PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE FILED THIS DAY OF 2005;AT—_.M., - .. WITNESS MY HAND�:J/����J/'J BASIS OF SATISFACTORY EVIDENCE)TO BE THE PERSONS)WHOSE NAME(S)' ARE IN BOOK OF MAPS AT PAGE(S)_AND ',SANTA CLARA COUNTY RECORDS, ' SIGNATURE: """-"_"f'u�� - SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/THEY AT THE REQUEST OF SMP COMPANY. I EXECUTED THE SAME IN LS HER/THEIR AUTHORIZED CAPACITY(IES),AND THAT BY PRINTED NAME: /i��L�� X4 G- (}N5.}NER/THEIR SIGNATURE(S)ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON pp HALF OF WHICH THE P£RSON(S)ACTED,EXECUTED THE INSTRUMENT: •PRINCIPLE PLACE OF BUSINESS: Alliance-�1le (,p.1rA0�I (mn p6y{I I CJ• WITNESS MY FIAND: - FILE NO.: BRENDA DAVIS,COUNTY RECORDER COMMISSION NO.: a�a 1 /� . EXPIRATION OF COMMISSION: '7 OF SIGNATURE: `-"pL���r` SANTA CLARA COUNTY,CALIFORNIA [[1I � PEE: ,PAID. - . PRINTED NAME: C•T SeXt/.1O `. 11 A,r� BY PRINCIPAL PLACE OF BUSINESS C['.rn4j Oa.{` L1•'I DEPUTY .COMMISSION NO.: Iyg C'14� �_��_�� SdILS REPORT EXPIRATION OF;COMMISSION: A SOILS REPORT WAS PREPARED BYE AMERICAN SOIL TESTING,IIJC. DATED APRIL 19,2004.AND SIGNED BY ANDREW A.GHOFRANI, R,C.E.35159 SMEET 1 OF i DISTANCE BEARING L9 37.50 SO014'35'E NO. 9604 L1 .21.0. N89'52.26"W L10 37.50 S0014'35"E LOT SQ.FT. ACRES _'TRACT L2 54.0' N89'52'26"W Li1 37.50 S0014'35'E LOT#1 3,131 0.071 CONSISTING OF TWO(2).SHEET$ L3, 54.0' N89'52'26"W L72 37.50 500'14'35"E LOT g2 z,o2s o.Da6 - RVE(5)NEW TOWNHOMES DEVELOPMENT LOT#3 2,025 0.046 ' L4 54.0' N89'52'26"W L13 37.50 50014;35"E - ' LOT�4 z,ozs D.Das 213; WEST RINCON AVE,.CAMPBELL.. CAUFOPQNtA� �95W8 L5 54.0' N89'S2'26"W L14 37.50 S0074'35"E. ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF COUNTY OF SANTA CL'ARA,STATE OF CALIFORNIA .. L75 43.Do 50014'35"E LOT q5 2,667 0:065 ... L6 21.0' N89'52'26"W .}�I�IGF1 W(4J.Cdt1Y�y'E17_-.TQ_►MA500 F'I6l;$UMtI �-'(-G !'n�--�bRED RGCdk D6D LOT$6 3,937 0.090 `- - L7 57.99' S00'1435"E L16 17.01 S0014.35"E .__$/y �yyX_Q_7J*�O.P>„UNlpgf ,¢IECQI2RJES�'.$t6lB]_!,(Q. 11213.01$O,.'m CIAL RzC lzos. LS 57.99' S00'14.35"E L77 25.99 SOO'14'35"E TOTAL 16,010 0,364 SEPTEWN= SCALET-50' ' FND 31C I.P. 01� SMP'COMPANY - OPEN BO -_CAMPBELL AVE. - F Civil EnHineers-Lnnd Surveyors 1211 Perk Rve"ue,9ulte 20B 9en]eea.CA B51Y8 vi FND 3/4'I.P. OPEM(C�,_DO. . W FND 3/4"I,P. NOTES: . W.ROSE CT. co n :ALL,DIMENSIONS'ARE IN FEET AND DECIMALS THEREOF.THE I �. N89-51'49'W 21 D.46'(2i0.4T)-0 NSTINCTIVE BORDER LINE'INDICATES THE BOUNOAAY OF LAND SUBDIVIDED BY THIS'MAP. I - THE AREA OF LAND WITHIN THE DISTINCTIVE BORDER LINE SCALE:1"=50' IS 16,010 SO.FT. TIE R .157ra4 I ¢ BASIS OF BEARINGS: THE BEARING N89'52'26"W OF THE MONUMENT LINE OF W.RINCON AVE. UU AS SHOWN ON THE RECORD OF SURVEY RECORDED IN 86OK_370. h m U OF MAPS AT PACE 5.SANTA CLARA COUNTY RECORDS,WAS TAKEN AS < w J BASIS OF BEARINGS. PARCELA - REFERENCES: IlO APN 30531-036 - QA TRACT NO 7352,BOOK 5!,B.PAGE 12-RECORDED APRIL 1986 FND 3/4"I.P. I © RECORD OF SURVEY MAP BOOK 370 PAGES 5&6 -RECORDED APRIL 1976 OPEN,DOWN 0.5'(JF N89'S2'26'W - 0 .© RECORD OF SURVEY MAP BOOK 157 PAGE 44=RECORDED MARCH 1963 Ib J 75.00 F QD RECORD OF SURVEY MAP BOOK 141 PAGE 56-RECORDED JANUARY 1962 Iz APN 30531-034 L6 LOTNSz TRACT-NO 6640 BOOK 446 PAGE 51 -RECORDED AUGUST 1979 _ I QF GRANT DEED,DOC'NO:17213030 RECORDED JULY 23,2003. m 1 TRACT 6635 Q TRACT NO.-5635 BOOK 353 PAGE 7-RECORDED MARCH 21,1975 Lu I u LOTM4. I I•�'+ LOTS 1Q La LEGEND 5 ' lu z l l t"'�- .LOTA W TRACT 1352 O ' „J I ©_ 't2I o l.Qf A 7 1.1 z I -� STREET CENTER LINE . I APN 30531-004 3 n DISTINCTIVE BORDER LINE Wlw J LOTfi2 I o EASEMENT LINE I - ml�41 LOT ONE. L2 I 5'PRIVATE STORM I DRAIN EASEMENT © INDICATES FOUND ST4NDARD CITY MONUMENT BOX AND MONUMENT AS SHOWN. m LOT91�I 1- O INDICATES SET 3/4"IRON PIPE WITH PLASTIC 5• 20' PRIVATE DRIVEWAY m I V1 P.S.E., 30' 30' CAP RCE 32436 . FND 3/4'I.P. P.S.E. PUBLIC SERVICE EASEMENT : ' OPEN,FLUSH© I' I 54A0 P.S.S.E. PRIVATE SANITARY SEWER EASEMENT . b �.. 75.00(2) FND 3//4"I.P. FND 3/4-I.P. , RCE 14070,FLUSH AO 416.97 _ OPEN Q.O - P.U.E. PUBLIC UTILITY EASEMENT _ . _ _ AVE. b N 89'52'26'W. 691.43' O FND FOUND W. RINCON E R.S.370/5 'INDICATES FOUND MONUMENTS AS NOTED FND 3//4"I.P. W/PLA511C CAP DOC.NO. DOCUMENT NUMBER MARKED C OF C ENGR.D C OF C CITY OF CAMPBELL ' SHEET 2 OF 2 O OR CH A¢O CITY OF CAMPBELL Public Works Department. Date: June 6, 2005 TRANSMITTAL FROM THE PUBLIC WORKS DEPARTMENT TO: South Bay Development c/o Akbar Abdollahi 3131 S. Bascom Avenue, Suite 110 Campbell, CA 95008 FROM: Joanne M.D'Ambrosia, Senior Office Assistant SUBJECT: 213 W. Rincon Avenue, Campbell, CA Permit No. ENC2004-00133 Enclosed is a check in the amount of $506.96 representing a refund of the plan check " deposit,plus accrued interest, in connection with the above property. Joanne M. D'Ambrosia Senior Office Assistant Enclosure 70 North First Street Campbell, California 95008-1436 TEL 408-866.2150 FAX 408.376.0958 TDD 408.866.2790 ' CITY OF CAMPBELL WARRANT NO. CAMPBELL,CA. 115128 101 2203 CR05242i�05 500.00 REFUND DEPOSIT 101 . 540 7448 CR65242005 6.96 INTEREST EARNED 00006058)t i6058 SOUTH BAY DEVELOPMENT REMITTANCE ADVICE-PLEASE DETACH BEFORE BANKING OF'CA41 VOID AFTER 90 DAYS 1=35 BANK OF AMERICA WARRANT NO. �. pew 1210 CAMPBELL OFFICE Q CITY OF CAMPBELL 125 E.CAMPBELL AVE. 115128 CAMPBELL,CA.95008 70 NORTH FIRST STREET ? CAMPBELL,CALIFORNIA95008 DATE 06/06/05 115128 \ -OR CH ARC• AMOUNT *******506.96** PAY FIVE HUNDRED SIX DOLLARS & 96 CENTS , SIGNATURE TO SOUTH BAY DEVELOPMENT ' ' '""'" C/O Ak.*BAR ABDOLLAH I -m r✓�Z ►: 3131 S DASCOM AVE STE 110 CAMPBELL CA 950t.�8 11■ 1 1 5 1 2811' 1: 1 2 1000 3 58': 0 9 19 3-130 20011■ i PUBLIC M DEPARTMENT RECEIPT Effective July 1,2004 6h�/ yj TO:City Clerk PUBLIC WORKS FILE N0. PROPERTY ADDRESS l 0 r Please collect&receipt for the following monies r - - �LCP� ,�.�7'E1v1- �.: ..A�,��•-�.?_�W., �^-�r�_�-.r�� ..?�,,.�.,�..1�'�.n_,�y.s.,,r z d,.,.3�ti��`�.�t_.�'�.-"?�-��MOU�T•�:'t��.ra,�._ ENCROACHMENT PERMIT 4722 Application Fee Non-Utilitymen Encroachment Permit (5269.00) Minor Encroachment Permit<$5,000 ($59.00) R-1 First Permit(No Fee)Subsequent (5325.00) Utility Encroachment Permll Arterial/Collector Street ($515.00) Residential StrealOther Areas (5283.00) 2203 Plan Check Deposit 2%or Engineer's Estimate (5500 min) 22031 Faithful Performance Security(FPS) (100%of ENGR.ESPJ 2203 labor and Materials Securifty (H)0%ofENGR.ESP.) 2203 Monumenmtlon Security (100%ofENGR.EST.) 2203 Cash Deposit (4%of Engr.Fst)($500 rniN$I0.000 max) Nan Check&Inspection Fee(Non-Utility) 47 Engr.Fst.<$250,000 (13%of ENGR.ESf.) T(O Engr.Est. >$250,000 (Deposit 8%of Engr.&US30,000 min)•• 4722 Utility<$100.000 Minimum Charge Per location ($180.00) Condults/Pipelines up to 500 Feet ($2.25/0) Above 500 Linear Feet ($135f t) Mmhol.OVaults/Etc. ($125.00/ca) Pole Set/Rcmoval ($125.DD/ea) Street Tree Plaming/Removal ($129.001n) • 2203 Utility>$100,000 Actual Cost+20%•• 4760 Storage Container Permit ($125.00) 4760 Project Plans&Specifications Project No. 4760 Standard Speci0cations&Details ($1/Pg$15.50/Bk) 4760 Copies of Engineering Maps&Plans Acrial Not 24"x 3G" ($52D0) Aerial Print 8 12"x 11., ($21.00) Maps and Plans 24"x 3C' ($8.D0) 4722 Penalties:Failure to restore public improvements ($U10/Cnlcnd2r Boy) (M.d c.—smu.atoto) 4722 Penalties:Fnllum to correct unsafe eonditio c ($100/Calendar Day) 4722 Work Without Permits (4 Times Applicable Fee) LAND DEVELOPMENT 4_UX Lot Line Adjustment ($775.00) ,4'h2 Parcel Map(4 Lots or Le ) (S2A00.D0+S35/1nl) 4722 Final Tract Map(5 or Mom Lots) ($3,200.00+$35do1) 22 Certificate of Co licence ($(,13.00) 4722 Certifteme of Carmction ($376.00) 4722 Notary Fee(Wrsigoature) ($10.00) 4722 Vocation of Public Streets&Easemenu (SLO60.00) 4722 Assct rncnt Segregation or Reapportionment First Split ($675.00) Each Additional Lat (S200.00) 472 / Storm Drainage Area Fee Per At. (R-I$2,060) .&if, (Multi-Rcs,$2118) /- •(All Other.$2$75) `4929 Parkiand Dedication Fee(75%25%Due Upon Cori.of Occupancy) 511. 24 Postage TRAFFIC 47281 Intersection Turn Counts(Two-Hour Count) ($74.25) 4728 Intersection Tom Comm fam.or p.m peaks) (5145.00) 4728 Traffic Flaw Map(Dall.Traffic Vol s) ($31.110) 4728 Campbell Traffic Model(Full Scope Amemnent) (Actual) 4728 Campbell TmfOc Model(Reduced Scope Assessment) (Act-I) 4728 Signal Timing IafarnwBon ($62111r) 4271 Truck Permits (516.00/ rtdp) 4728 No Parking Signs ($11eachor S251100) OTHER ✓/J TOTAL $ �• NAME OF APPLICANT NAMEOFPAYOR �.fi(, r PHONE AIIURPSS ©l C' �CLG/ LCXl ZIP ••Actual Cosy Nus 20%Overhead(Non-Interest bearing deposit) �. REC I FOR ,k +. Otes i), Rf i `a` �s } 'F�I i n �q CITY CLERK ONLY _IG _ k r.,NanttBheklantlfCas IDeposlLs�7seadlllog•eopy�lo7Er�ratteeri' �"- 1ti 5�4 ail Y_ y ^ft��'u �,11 xF1i �r e"r r' �i 1 v'...,t r,�,rnsf EA 7."» .r 0 �.. 1 ._ ...., f t;e_N 1k Y K _ j.\fn mlrrceipt forth 04-05 rev.I It9/04 �� 1 ., ..ter..,"..,!,.I�.'.. r,... �,�.: ..r.�.:.. ' r.- Page 1 of 1 Harold Housley From: Harold Housley Sent: Monday, March 07, 2005 12:28 PM To: Alberto Oxonian Cc: Harold Housley; Edward Arango Subject: 213 Rincon Ave., Tract No. 9604, 6 Lots and 5 Units Al I have stamped and sealed the final map (mylars)which I will hand to you. MQ has not signed the map although I have sealed it for her. I will also hand you the project file. I have not checked the file contents to confirm that everything else is done. I is my understanding that you will do that. Let me know if you have any questions. 3/7/2005 of ,CA4,�'� °NCH nR° CITY OF CAMPBELL Public Works Department January 21, 2005 Phil Kessler Alliance Title 901 Campisi Way# 100 Campbell, CA 95008 Subject: 213 W. Rincon Avenue Local Improvement Bond Obligation, APN 305-31-003 Dear Mr. Kessler: Enclosed is our Local Improvement Bond Obligation review letter per your request. Sincerely, �t 44�14 rto Oxonian, Senior Civil Engineer Enclosure JALandDev\Forms\bond ltr.doc 70 North First Street • Campbell, California 9 5008-1 4 3 6 TEL 408.866.2150 Fax 408.376.0958 TDD 408.866.2790 t � OV CA`�A Al 1, U r © o a � .�,RCHARO. CITY OF CAMPBELL PUBLIC WORKS REVIEW Date: January 21, 2005 LOCAL IMPROVEMENT BOND OBLIGATION APN: 305-31-003 213 W. Rincon Avenue Parcel Map Public Works review for Local Improvement Bond Obligations on subject lands has found: I No bond obligations are or will become due within the next fiscal year. ❑ Bond obligations are or will become due within the next fiscal year. ❑ On as assessment schedule was submitted to the County. ❑ An assessment schedule is enclosed. ❑ Applicant shall prepare an:assessment (or amended) diagram. Submit same for Public Works approval and preparation of assessment schedule. AI erto Oxonian, P.E. Senior Civil Engineer Public Works Department 70 North First Street Campbell, CA 95008 (408) 866-2162 J:\LandDev\Forms\bond obl.doc } 1 1 DECEIVE® AllianceTitle ,BAN 2 0 Z005 �ueuc woRKs AOMIN(STRgnN FAX COVED SHEET DATE: JG)N- ZD 2-oT5 TO: oxo V.,1 -rh PHONE: FAX: 32 j— 0 9 5 FROM: Phil Kessler PHONE. (408) 369-5589 FAX: (408)377-2678 RE: ESCROW#:_ Number of pages including cover sheet: Message. 9 I lU1 ss Je r SPECIAL INFORMATION ABOUT THIS FAX: The information contained in this facsimile message may be confidential, proprietary and/or legally privileged information intended only for the use-of the individual or entity named above. 1f the reader of this message is not the intended recipient, you are hereby notified that any copying, dissemination; or distribution of confidential, proprietary or privileged information is strictly prohibited. If you have received this communication in error, please immediately notify the sender by telephone, and we will arrange for the return of the facsimile. Thank you! 901 Campisi Way,#100 Campbell,CA 95008 • (409)559-3424 • FAX (408)559-7408 0 'mi 11111 111HH111H IAlAU :G Gfllll '(17 'hlHf { l I r Title 'anc I January 20, 2005. Mr.Al Oxonian City of Campbell Department of Public Works 70 North First Street Campbell, CA 95008 RE: Tract Map No, 9604 Owner:Masud Maesumi APN: 305-31-003 Order Nq. 11205523 Dear Mr, Oxonian, Please provide this office with a letter specifying any Tax Bond issue that might be assessed on the above property within the coming fiscal year. This letter is being requested to satisfy the requirement by the Santa Clara County Talc Controller's office for obtaining a tax clearance letter for recording of the above referenced Map. Maps showing the location of the subject property are enclosed for your reference. Please notify the undersigned when the letter is ready for pickup. Thank you for your assistance in this matter. If there are any questions please do not hesitate to call. Sincerely,4U- A Q,A 4�` Phil Kessler Subdivision Services enclosures 901 Campisi Way Campbell,CA 95008 ■ (408)559-3424 ■ Fax(408)377-0284 7 'A 110 '(161 al 1 I a 161Ni11N IAI,IGA:G i1 Al '(Il 'nIHf O F F I C[ O f C O u N T T A S S E S S O R S A H T A C L A R A C O U N T T, C A l I F 0 R N I A �6f4 PmG�J OY�R•. dcd p'�'� �ydZr . c LRACT M';I2 /°S HEOEGARD SURD. hp�( a44 PR ISOEI- M-13 e !"_'. c e —W.--_-=— —CAMPBELL-------*-- A1lE.— `T '� PK38O'M•SO •iP a4%.�. P.hL 27 •'° !� ^dlr ni rar DJa �' rdD ne L.. -sa7 ,►a I Jr Id A..— da 2-M-410» tug LJ pd °J f0- av a 'j°.f9 i .I 2! = PP ,•�23 ?4 Xr p5 �'°iti 2 a e4l = --:429 d 4AV5�f7o GO l%i9 a)O.a7 J O ti ci�l O,/A AC.OtT I$ Z 0.21 AC. °tL A PCt.Q PC1.. I PetA -— !6 _—.o a.� - cr -0.96 AC.P7ET.I LOS AC.NET. a]! 177 61 if SO u, 29 I �,a°5 " tl7 ! g o : '" rr`gii;` I t' m Iotf"' c S Ls P Ic i 39 3C4 6l g 4 `5f g :8"J.; LEtib191 4 as d Sw] . NI.i. . 44So 7e OI S �6 c4 •l4 4 —.. — 6!f Di --7f \'ai 5J RCLS.205-M-25 P,M.3S2-fA-9 $ S^ + a r 1�I� �..b� (se...r 70Y.�! ... t/ u fr 15T-fA=a74 p� CT-- —E J 's<,+a �6`�c B K SJ u U S4 � b ai _ 2y Se �2 - 33 ° 35 ° PCL,A FL'1.9 3 o rg 34 19YrS - 0 Y.1 LOT 32 90 E kE$ °65 m Q T. 10 ff: e.o' aC *. W Z iry rn » 0 a 56 _ I � tal V -" « U ° B Z fi77 59� 5 8 0 ftl Mal- I T7Jrd L UiTi in i5 SO a7 da -I - !ID Brf IfJ —"-- Ali •� ! !.-IJ .—_ •--11 L �' w.—FfINCON---•— 4PICT.p1" 7352 .--- ---'— . s. TR.k1'I6640 t' A.�OS.J70/5 06 AVE INCHES CM.:IIb Fry Ima�.�1998-99 L� 7 a OV'•C q,y Edwaru Arango,P.E. k 'OAt Associate Civil Engineer t. City of Campbell U r 70 North First Street 0 A.o Campbell,CA 95008 Phone:(408)866-2166 Fax:(408)376-0958 E-Mail:EdwardA@ci.campbell.ca.us Transmittal WILL CALL To: Saeid Razavi Date: January 13, 2005 Company: SNIP Address: 1211 Park Avenue,Suite 208 San Jose,CA 95126 Re: 213 W.Rincon Avenue—Tract Map 9604 ❑ Urgent Q For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. Mylar original of Tract 9604,2 sheets. 2. Redlined 8.5 x 11,2 sheets • Comments: Saeid,I am not sure what Harold asked you to change on this map but I found the attached 8.5 x 11 sheets laying on his desk. Please contact me if you have any questions or comments. Thank you. J ALandDev\Forms\Transmittal.DOC 1 J smp company Civil Engineers - Surveyors January 10, 2005 City of Campbell Public Works Department Engineering Division 70 North 1st Street Campbell, CA 95008 To whom it may concern, SMP Company requests approval of the Final Tract Map for Property located at 213 West Rincon Avenue. We believe that we have satisfied all of the conditions of the Tentative Tract Map approval and that the Final Map application is now complete. Thank you for your consideration. Please feel free to call with any questions. incerely, :ESSl094G, � 9i �Saied Rez t .O/ SMP COMPANY -; No. 1 m L_ it E-� iz__-31/ate Y, .� Civil Engineers CFI ', CITY OF CAMPBELL Public Works Department 70 North First Street Campbell, CA 95008 Date: 12Z6�0� FACSIMILE COVER SHEET TO: Fax Telephone No. °"�S 7 r® FROM: A"-/ ®x D n a/� Number of Pages Transmitted(including this page) MESSAGE: Transmitted from Fax Phi If there are any problems with this transmission,please p i JAFORMSTAXFORM(W ORD) F EW SanJose Water Company WATER SERVICES ADMINISTRATION 1265 S.Bascom Ave.,S.J. 95128 374 West Santa Clara St. Facsimile: 408-279-7889 San Jose,CA 95196-0001 Writer's Direct Dial: 408-279-7874 November 3, 2004 City of Campbell Department of Public Works 70 North First Street Campbell, CA 95009 REFERENCE: Tract 9604 213 West Rincon Avenue Gentlemen: This letter is being written at the request of Mr. Akbar Abdollahi. Please be informed that this office has reviewed the tract map prepared by SMP Company, dated September 2004, and has noted that Lot 6 is not titled a Public Service or Public Utility Easement. This fact may require that we obtain a separate easement from the property owner if our facilities need to be installed in this area. The P.S.E./P.U.E. along the frontage appears adequate and satisfactory for any proposed water facilities needed at the street. San Jose Water Company has no objection to the recordation of the tract map for this project. Additionally, we do not anticipate any conflicts occurring between any existing water line easements or rights and those resulting from the creation of the new lots. We reserve the right to require encroachment permission or additional easements at a later date, if needed. If you have any questions or require further information, please contact this office at (408) 279-7874. Sincerely, YNJ , SE WATER COMPANY R. BARTTEAU Senior Water Services Representative JRB:dmk Tract 9604(TractMap) cc: SMP Company This letter picked up by: Akbar Abdollahi ���� i WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL OF SANTA CLARA COUNTY TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA October 28, 2004 Ed Arango Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Tract 9604 213 Rincon Avenue, Campbell Dear Ed: This is the district's "WILL SERVE" letter for the above-referenced residential development. The district will provide sanitary sewer services to the 5-lot townhouse development. The on-site sewer system shall be a privately maintained system designed and constructed to the district's public sewer standards. The-developer is required to pay all applicable fees for the approval of the sanitary sewer improvement. Please call if you have any questions. Very trul i yours, Jor than K. Lee Ser or Civil Engineer cc: Saeid Razavi, SMP Company 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:(408) 378-2407 Fax: (408) 364-1821 11/81/2004 12:35 1087253342 PGE_SVS_PLANNING PAGE 02/02 Pacific Gas and Electric Company 10900 North Blenev Avenue Cupertino,f.A 95014 November 1 Jt, 2004 Mr. Akbara Abdollahi M 2 A Limited Liability Company 3131 S. Bascom Avenue Suite 110 Campbell, CA 95008 Re: 213 W. Rincon Avenue Campbell Dear Mr. Abdollahi_ This is to inform you that Pacific Gas and Electric Company (PG&E) can provide power to the above project. Gas and Electric facilites are available on West Rincon Avenue Campbell. PG&E will provide service once we receive your application, engineering has been completed, any required rights-of-ways are obtained, and all fees have been paid. If you have any questions, please call me at (408) 725-2097. Sincerely, Christine BlUe Project Manager uv ,LA) UU.01 PNA 9U1) ZOO '1014 Ik,1 OAiv 0001, LV UUc @omcast 1900 South Tenth Street San Jose.CA 95112 October 27, 2004 Akbar Abdollahi 3131 S. Bascom Ave., Suite 110 Campbell,CA 95008 Subject: Easement Clearance/Will Serve Re: 213 Rincon Avenue, Campbell. Dear Mr. Abdollahi, Comcast has no comments or objection to the above-mentioned project.The development shown on the site plan will not interfere with the free and complete exercise of our easement rights. Comcast currently has service facilities within the area, and it does not appear that there should be any problem to provide CATV service to this parcel. Sincerely, Vladimir Plakhti, Construction Coordinator Comcast Cable Communications,Inc. 408.918.3230 Q 4� J I �e 347 CaliforniaohF(!" r j 475 North First Str*', Room 2011 San Jose,CA 9513i October 26, 2004 i City of Campbell Public Works Dept. 70 N First St. ! Campbell, CA 95008 Attention: Public Works Department. s RE: Will Serve Letter, Non-Interference Letter. Dear Sir/Madam, This letter is written to Confirm that the proposed project located at 213 Rincon Av,Tract 9604, in Campbell, California is within the Base Rate Area of the SBC California serving area in tl� SNJSCA12 Exchange. SBC expects tube in a position to provide telephonc service to ap licatits in the above-referenced development upon request in accordance with requirements of, an at.the rates and charges specified in, its Tariffs that are on file with the California Public Utilitie Commission. k This offer to provide service will terminate 24 months after the date of this letter unless both of' the following first occur: 1) you, in your capacity as the developer, inter inro a written se ice agreement with SBC; and, 2)you, in your capacity as developer,pay all charges you are r1quired by SBC's Tariffs to pay. If you have any questions I can be contacted on (408)493-7139. i Sincerely. Dan Sparks Tract Engineer i Cc: Ak-bar Abdouhai I I 1 i i 1 i 324073(rc.. 10.20031 7 ,1 Ibn11Q1.07h nhi/AC:b1 iQ/nn:C1 bn 07 'n1 (Inl) tua 'utnne IVUJ !lam f 7 Summary of fees and other outstanding items for 213 W. Rincon Avenue... 1. FEES DESCRIPTION AMOUNT Engineering Check& Inspection Fees $ 1,146.27 Storm Drain Area Fee $ 825.00 Final Map Fee ($3,200 +35 per lot) $ 3,365.00 Park Impact Fees $18,139.00 2. SECURITY AND BONDS Faithful Performance Security $ 8,187.63 Labor and Material Security $ 8,187.63 Monumentation Security $ 7,000.00 3. Other Outstanding Items Standard Agreements and Attachments F f' i ►\�y Ow hofi' Statement of Subdivision Security From Title Company Security Covering Secured Property Taxes and Special From Title Company Assessments Filed with the Clerk of the Board of Supervisors. Subdivision Guarantee From title Company Covenants, Conditions and Restrictions From Engineer Clearance from Lien holders. From Title Company Soils Report From Engineer Planning Division Clearance From City Building Division Clearance (Demolition Permit) From City Two (2)Mylar Copies of Final Map & 1 8.5 x 11 Copy From Engineer/Title Company One Recorded Mylar Copy of the Final Map From Title Company JAWr 12/6/®g WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF CITY OF CAMPBELL OF SANTA CLARA COUNTY TOWN OF LOS GATOS CITY OF MONTE'SERENO CITY OF SARATOGA UNINCORPORATED AREA February 10, 2003 Avenue Campbell, CA 95008 RE: 2-Lot Subdivision,�Avenue Dear Mr.umft: This is the district's "Non-Interference" letter for the above-referenced residential development. The district has reviewed the Tentative Parcel Map. Based on the information of the submitted Tentative Parcel Map, the proposed easements as shown will not interfere with the district's existing facilities around the project site. Please note that you will be required to pay all applicable fees (plan check fee, inspection deposits, capacity fee, etc.) for the final approval from this office. Very trul ours, o than K. L e Se or Civil Engineer IV Ef- FEB PUBLIC WORKS 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:-(408) 378-2407 Fax: (408) 364-1821 TELEYriuNE COMPANY 3475B N. 1s`. Street Room 600B San Jose, Ca. 95134 April 9, 2002 16 San Jose, CA ANW RE: Proposed Parcel Map forivenue, Campbell(APNIONINOW Dear�: This correspondence is in response to your letter of request for review and approval of the proposed parcel map for the address above. Pacific Bell.engineering has reviewed the Parcel Map, dated August 2001, for IlMMAvenue located in Campbell,and found the designated Public Utility Easements along the Easterly property lines of Parcel I and Parcel 2 sufficient for existing and future communication facilities. Therefore, Pacific Bell approves the parcel map as drawn Thank you for the opportunity to review the map before recordation. Should you have any questions regarding the information above, please call me at(408)493-8713. Sincerely, Shirley ictor Right of Way Administrator i ��� an Jose VIlater Business Development Administration Company 1265 S. Bascom Ave.,S.J. 95128 Phone Number. 408-279-7827 374 West Santa Clara St. Facsimile: 408-279-7889 San Jose,CA 95196-0001 Writer's Direct Dial: 408-279-7887 March 18, 2002 Mr. Harold Housley City of Campbell 70 Nort First Street Campbell, CA 95008 REFERENCE: 4MAvenue, Campbell APN Dear Mr. Housley: Please be informed that this office has reviewed the parcel map prepared byl�=i Inc., dated August It appears that the existing easements are adequate and satisfactory for any existing water facilities. San Jose Water Company will have no objection to the recordation of the parcel map for this project. Additionally, we do not anticipate any conflicts occurring between any existing waterline easements or rights (if present) and those resulting from the creation of the new parcels. San Jose Water Company reserves the right to require additional easements at a later date, if needed. If you have questions or require further information, please contact this office at ( 408 ) 279-7887 Sincerely, SAN JOSE WATER COMPANY ,4 Diane Van Fossen Senior Business Development Representative DVF:dvf B uddclr Original letter mailed to Kristina Comerer 3/18/02 4 E r - 'ST AT&T Broadband&Internet Services 1900 So. 10th Street San Jose,CA 95112 April 24, 2002 San Jose, CA'�' RE: Avenue, Campbell . Dear AT&T Broadband has reviewed the proposed parcel map for in the City of Campbell. AT&T Broadband has no comments or objections to the proposed development indicated. We currently have facilities in the area and should be able to provide service to these parcels. Feel free to contact me if you have any questions. Respectfully, Bob Szczurek Field Engineer AT&T Broadband (408)918-3200 ext. 3536 �7� Recycled Paper Land Services ....... ...... PGandE LANE) D"'PT 111 AL Pt ADEN BLVD. April 22 2002 P.O. BOX 15005 p SAN JOSE,04 95115-COU05 Attn: RE: Tentative Parcel Map Review Campbell Plan dated Your Job No.l� PG&E file Dear , Thank you for the opportunity to review the subject Parcel Map. PG&E has no objection to the map. PG&E owns and operates a variety of gas and electric facilities which may be located within the proposed project boundaries. Project proponents should coordinate with PG&E early in the development of their project plans to promote the safe and reliable maintenance and operation of existing utility facilities. Any proposed development plans should provide for unrestricted utility access and prevent interference with PG&E easements. Activities which may impact our facilities include, but are not limited to, permanent/temporary changes in grade over or under our facilities, construction of structures within or adjacent to PG&E's easements, and planting of certain types of vegetation over,under, or adjacent to our facilities. The installation of new gas and electric facilities and/or the relocation of existing PG&E facilities will be performed in accordance with common law or Rules and Tariffs as authorized by the California Public Utilities Commission. Please contact me at(408)282-7401 if you have any questions regarding our comments. Sincerely, Alfred Poon Land Agent South Coast Area CITY OF CAMPBELL DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPLICATION NO(S): ADDRESS: 21--> A 06T 1211A CO M M g. Instructions: This checklist provides advance notification to applicants of the City of Campbell's final map preparation and submittal requirements. Using this checklist will expedite your application through the City's review process. Prior to submitting a final Parcel and Tract Map to the City Engineer, please place an X in the space to the right of each item below to indicate you have complied with, or place N/A to indicate that the particular item does not apply. Review applicable Subdivision Map Act Sections, which are referenced in parentheses,before checking off each item. SEAL AND SIGNATURE OF ENGINEER/SURVEYOR OF WORK. THE MAP ACCOMPANYING THIS CHEKLIST HAS BEEN CHECKED BY ME OR UNDER MY DIRECTION FOR COMPLETENESS AND CONSISTENCY WITH THIS CHECKLIST. THE MAP CONFORMS WITH THE REQUIREMENTS OF THE PROFESSIONAL LAND SURVEYOR'S ACT, SUBDIVISION MAP ACT, AND APPLICABLE CITY ORDINANCES. THE MAP IS SUBMITTED FOR EXAMINATION BY THE CITY ENGINEER. Signature Date 14. AEU 0 .se. u isE2 Printed RCE/LS Expiration Date 1'2—/3t /2©FJ!�i (SEAL) CITY ITEMS OK NIA COMMENTS A. GENERAL 1 Map agrees with the approved Tentative Map. V" 2 Map complies with Conditions of Approval regarding dedications. JALandDev\Forms\Record Map\Map checklist_new.doc -1_ CITY ITEMS OK N/A COMMENTS 3 All documents contain Assessor's Parcel Numbers. ✓ 4 Easements and monuments correspond with the improvement plans. 5 Title Report and map reflect fee ownership. 6 Full map size is 18"x 26" on mylar with 1"border (16" x 24"inside border). 7 All sheets are numbered. 8 No stick-on seals,lettering or details exist. . ✓ 9 Map is suitable for microfilming. ✓ New road names approved by the Civic Improvement 10 Commission. B. DEDICATION,RESERVATIONS, CERTIFICATES &STATEMENTS 1 Dedicate public easements as required. 2 Dedicate private easements for drainage, sanitary sewers,utilities, access, emergency vehicles, etc., as needed. 3 Complies with 66436(a)regarding signature requirements. Non-interference letters provided. 4 Show, fully dimension and tie to map all easements created and easements of record, including dedication book and page. 5 All easements shown for dedication have appropriate wording in the owner's statement and purpose indicated on the map. 6 Waiver of Signatures on Map: Notification secured from public utilities and public agencies (66436 & 66445(f)). 7 Owner's Statement and Acknowledgment(66436). 8 Name of person authorizing map (66436). 9 Trustee's Statement and Acknowledgment(66436). 10 Soil Engineer's Statement(66443). JALandDev\Forms\Record Map\Map checklist_new.doe -2- i CITY ITEMS OK N/A COMMENTS 11 Surveyor's/Engineer's Statement including signature, seal, number and expiration date (66441 &66449). 12 City Engineer's Statement including R.C.E. number and expiration date(66442&66450). City Engineer is Michelle Quinney.Include separate statement for "Technically Correct"review by a Civil Engineer or Land Surveyor. 13 City Clerk's Certificate (66496 &66440).The City Clerk is Anne Bybee. 14 County Recorder's Statement(66466). 15 All certificates and statements signed, sealed and acknowledged by notary. (66436(c)) C. MONUMENTATION 1 Basis of Bearings: Two found monuments of record appear in a statement and are labeled on each map sheet(66434C). 2 Tie to Basis of Bearings (66434C). 3 Tie to'adjoining surveys, lands, streets, or senior conveyances, including book and page of adjoining record maps/documents (66434C). 4 Tie to access street intersection. 5 All monuments found,replaced or removed are described as to kind, size, tag numbers,recorded reference/origin, and tied by survey to a recorded map (8772& 8764). 6 Monument the right-of-way at BC,EC and property corners. 7 A monumented line shown on new subdivision roads with ties to right-of-way. 8 Minimum 2"nominal diameter I.P.required at section, quarter-section and Rancho corners. D. MATHEMATICAL ACCURACY & GEOMETRY 1 All bearings, distances, and.curve information shown to nearest .01 feet and nearest second. JALandDev\Forms\Record Map\Map checklist_new.doc -3- .CITY ITEMS QK.;. , N/A .COMMENTS 2 Curve data complete (A,R,L). ✓. . 3 Radial bearings of non-tangent curves shown. ✓'' .; 4 Areas net and gross calculated to nearest.01 acre. (Net is gross area less area dedicated to City for roadway t/ purposes.) 5 Sum of increments equals total distance or delta angle. �! 6 Math closures correct to 1 part in 20,000. The sum of interior distances and curve data equal total. All areas compute accurately. E. MAP BODY 1 Key or index map with sheets numbers shown (66445b). 2 Title Block: Place in upper center or upper right of title sheet and upper center or upper right or lower right of map sheets; contains assigned subdivision number; subtitle refers to existing maps/general descriptions of land surveyed as denoted in Title Report; and is below subdivision number. "City of Campbell, California"is placed below subtitle.Date of survey, scale and firm name are shown. 3 North arrow shown. 4 Use scale 40', 50' or 60' to 1" (66434&66445). 5 Minimum 1/8"lettering and symbol size used for legibility. 6 Legend: Found monument=solid symbol. Set monument=open symbol. Also include monument type, size, depth, and tag number. Include city limit line, distinctive borderline, relinquishment of Abutter's rights, record data,etc., or label on each map sheet. 7 Parcel Designation: Lots designated by numbers, parcels designated by letters (66445(c)).Each lot/parcel must be shown completely on one sheet. 8 Distinctive border and 1/16" solid black boundary line shown around subdivision (66445 &66434(e)). Monuments on boundary lines can be seen clearly. 9 City boundaries, which cross or join the subdivision, —,L;7— appear on the map. JALandDev\Forms\Record Map\Map checklist_new.doc -4- CITY ITEMS OK N/A COMMENTS 10 Non-measured record lines parenthesized. 11 Discrepancies with record data shown.Record information used must be clearly indicated. 12 Adjoining property owners,including book and page, / and/or recent subdivisions, (showing lot/parcel) including recording information. 13 Show sidelines of all existing and record easements by dashed lines on map, all of which shall be adequately dimensioned with widths,lengths,bearings,and ties to V/ the easements (944.214(e)). Include recording information,to whom and purpose of easements. 14 Show approved legal access with record book and page of instrument giving access. 15 Road names,correct spelling,right-of-way width, and centerline data. 16 Privately maintained road easements and publicly maintained roads. 17 Privately maintained road note shown. Place the words "Private Road,Not City Maintained"under road a/ name. 18 Common area notation,condominium notes, and air ✓` easement notes included. F. SUBMITTALS 1 Three checkprints of the map (all sheets). 2 This completed checklist with Engineer/Land Surveyor of Work Statement signed. 3 Final Map Fee: Tract Map- $3,200.00 +$35.00/Lot Parcel Map -$2,400.00+$35.00/Lot 4 Storm Drain Area fee: $ per Acre. 5 Preliminary Title Report current within 6 months. 6 Subdivision Guarantee. 7 Grant deed(s)for the property(ies) surveyed. 8 Adjoiner deeds and senior conveyances/deeds called for in the surveyed property's deed. JAL.andDev\Forms\Record Map\Map checklist_new.doc -5- { CITY ITEMS OK N/A COMMENTS 9 Copy of unrecorded documents or maps, such as State right-of-way maps,used for preparation of this map,if any. 10 Boundary, street, and lot closures calculations and other calculations used to prepare this map. 11 Copy of Covenants, Conditions and Restrictions. 12 Copy of all referenced maps,record of surveys, deeds, etc. 13 Non-interference/waiver letters from applicable public utilities and public agencies (66436). 14 Soils Report prepared by a registered Geotechnical or Civil Engineer. 15 Legal description. Revised 1/2003 J:U.andDev\Forms\Record Mapwap checkhst_new.doc -6- NIIIIIIIIIIII Wa Joss arty WATER SERVICES ADMINISTRATION 1265 S.Bascom Ave.,S.J. 95128 374 West Santa Clara St. Facsimile: 408-279-7889 San Jose,CA 95196-0001 Writer's Direct Dial: 408-279-7874 M ,—FFV, 2C144 City of Campbell Department of Public Works 70 North First Street Campbell, CA 95008 REFERENCE: Tract 9604 213 West Rincon Avenue Gentlemen: This letter is being written at the request of Mr. Akbar Abdollahi. �. Please be informed that this office has wi( 5 mot '. Company, dated September 2004, and as .oted that L-ot-6 i ot.tilrled Pr Fula *onA ;� ii i�w This fact may re iret at we o am a separate easement from a property our facilities need to be installed in this area. The P.S.E./P.U.E. along the frontage appears adequate and satisfactory for any proposed water facilities needed at the street. San Jose Water Company ha ,, � s,Je:- �; t�e, ;e .� t this project. Additionally, we do not anticipate any confli . rnng between any existing water line easements or rights and those resulting from the creation of the new lots. W 0 Th right to require encroachment permission or additional easements at a later date,if needed. If you have any questions or require further information, please contact this office at (408) 279-7874. Sincerely, SAN JOSE WATER COMPANY ORIGINAL SIGNED BY JAMES R. BARITEAU Senior Water Services Representative JRB:dmk Tract 9604(TractMap) cc: SMP Company 1 This letter picked up by: Akbar Abdollahi 11/01/2004 12:35 4087253342 PGE_SVS_PLANNING PAGE 02/02 Pacific Gas and— , Electric Company 10,00 North Blaney Avenue Cupertino,0 95D14 I A November 1"', 2004 ® Mr, Akbara Abdollahi M 2 A Limited Liability Company 3131 S. Bascom Avenue Suite 110 Campbell, CA 95008 Re: 213 W. Rincon Avenue Campbell � - Dear Mr. Abdollahi:This is to inform you that Pacific Gas and Electric Company (PG&E) can provide power to the above project. Gas and Electric facilites are available on West Rincon Avenue Campbell. PG&E ce we receive your application, engineering has been completed, any required rights-of-ways are obtained, and all fees have been paid. If you have any questions, please call me at (408) 725-2097. Sincerely, Christine BlUe Project Manager WEST VALLEY SANITATION DISTRICT SERVING RESIDENTS OF OF SANTA CLARA COUNTY CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA October 28, 2004 i Ed Arango Department of Public Works City of Campbell 70 North First Street Campbell, CA 95008 RE: Tract 9604 213 Rincon Avenue, Campbell Dear Ed: This is the district's er for the above-referenced residential development. The district will provide sanitary sewer services to the 5-lot townhouse development. The on-site sewer system shall be a privately maintained system designed and constructed to the district's public sewer standards. The developer.is required to pay all applicable fees for the approval of the sanitary sewer improvement. Please call if you have any questions. Very trul.s yours, Jo than K. Lee Se or Civil Engineer cc: Saeid Razavi, SMP Company 100 East Sunnyoaks Avenue, Campbell, California 95008-6608 Tel:(408) 378-2407 Fax: (408) 364-1821 1900 South Tenth Street San Jose,CA 95112 Akbar Abdollahi 3131 S. Bascom Ave., Suite 110 Campbell, CA 95008 Subject: Jli=��l Re: 213 Rincon Avenue, Campbell. Dear Mr. Abdollahi, Comcast has no comments or objection to the above-mentioned project. The development shown on the site plan will not interfere with the free and complete exercise of our easement rights. Comcast c»r_rently has service facilities within the area, and it does, not appe-ar that.there should be any problem to provide CATV service to this parcel. Sincerely, P6r Vladimir Plakhti, Construction Coordinator Comcast Cable Communications, Inc. 408.918.3230 O F'C f],kA Al Oxonian,P.E. A. Senior Civil Engineer lomw r City of Campbell U r 0 0 70 North First-Street Campbell, CA 95008 yA.o � Phone: (408) 866-2162 � Fax: (408)376-0958 E-Mail: AlbertooC&d.campbell.cams Transmittal WILL CALL PICK UP To: Phil Kessler Date: 6/14/2005 Company: Alliance Title Co. Address: Re: Tract Map for recordation- ❑ Urgent Q For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Enclosure: 1. City Resolution No. 10510 2. Tract Map , 2 sheets on mylar • Comments: Please have the attached map recorded per the following order: 1. City Resolution No. 10509 Provide the City with the following copies of the recorded Tract Map: - one (1) copy on mylar - three (3) bond copies Please contact me if you have any questions or comments. Thank you. CADocuments and Settings\albertoo.CITYHALL\Desktop\Land Development Files7ransmittal Title Co:213 Rincon Ave.DOC �t CITY OF CAS PBELL Public Works Department 70 North First Street Campbell, CA 95008 Date: FACSIMILE COVER SHEET TO: Fax Telephone No. �� �� '"' '7'� 7 FROM: tt' L. X 0/yl A—A Number of Pages Transmitted(including this page) MESSAGE: �V� C`ee,�.A Yj1�¢- �i?Gt 6YJ'�f' Transmitted from Fax Phone# (408) 376-0958 If there are any problems with this transmission,please call Dept. Phone No. J AFORMSTAXFORM(W ORD) OV ' ORCH 0-9 CITY OF CAMPI ELL Public Works Department TRANSMITTAL May 27, 2005 From The Desk Of.• Marlene Pomeroy Wells Fargo Bank Executive Assistant 3431 California Street (408) 866-2776 San Francisco, CA 94118 e-mail: marlenep@ci.campbell.ca:us Re: Assignment and Receipt of Investment Certificates Enclosed please find copies of Assignment and Receipt of Investment Certificates for your customer Roman Knop. The Assignments will remain in effect until such time as the Conditions of Approval and maintenance periods are satisfied with regard to Encroachment Permit ENC2004-00133 at 213 W. Rincon Avenue, Campbell. If you have any questions, please contact Alberto Oxonian, Senior Civil Engineer, at (408)866-2162. Marlene Pomeroy Executive Assistant Enclosure CC: Roman Knop, 261-17th Ave. , San Francisco 94121 70 North First Street Campbell, California 95008-1436 TEL 408-866.2150 FAX 408.376.0958 TDD 408.866.2790 MHY—e6—dWM 06:9i hKUI'I:HrHNr1r_ OJ✓JJ7JlJJOJ ,• i yJVi n Vim 9 NAY-17-2005 TUE 04:32 PM R { PROPERTIES WEST FAX NO. 409 9410 P. 03 A911EGNMM AND RECEIPT OF INVE$"I3T CSRTIFI.CATE FIW. Permit F-NC2004-00133 i* -.ITY OF CWHEM, 70 H_ FIRST STREET TR oz DEV�i' � ) C111:IPn=, CALIFORNIA 95008 (408) 866-2150 io°• 213 TP -cniQ A�Tp _ I om/We are the owner(s) of a savings acco t -at h/j IL at its branch office at l L C �L , C I>; s is, .inves ceatificate No. , �1DI the es o U and having a present balance of I I,lersby grant, transfer and assign said account, said investment certificate, said ba:Lance (including interest Which &0=02 thereon),. and all other- rights in connection therewith to the CITY OF CAMPSELL, assignee, for a good and valuable consideration, re,:eipt of which is hereby acknowledged, for the purpose of insuring conetruat de.;cribed as follows: Street Improvements associated with develop m nt ofi Unit Townhouse Subdivision t 213 W. Rincon Ave. 2 ::ave physically delivered verification of said investment certificate: and duplicate of Ws Assignment and Receipt to said assignee. / I •:aa der stand that assignee can withdraw tram said account any time an his signature alone up„a presentation of a written order to the issuer. I also understand that I may not withdraw from said account unless I present a signed release from the assilgaet. The: issuer of the certificate assumes no responsibility for the conduct of the assignee and mall- act on the signature of the assignee without further inquiry. el-ZX G euted.on `L} . ►`��at said office of the 1 sign Assignor print - si9n. " a-'�� 4*1 �V-1-0 Assignor print AMOWLEDGPMNT E8 ISSUER Miuer affirms that there are no other bolds an subject account, that subject monies are svit,ilable, and that the above described assignment has been noted an the Records of said ienuer. Da e - By, ATTACH Authorized gnature NOTARY Title: IINSTRUCTIONS TO ASSIG n phrase sign below for signature identification and as aeknoWledgeftnt of your notice of A signment. Return this Assignment and Receipt to the issuer at its address above. Re-;win one copy of this Assignment and Receipt for your Men— Do Cit of 11 / RELEASE SX ASSIGNER seAd assignee hereby releases and relinquishes all- his right, title and interest in and to said account, said Investment certificate, said balance and all other rights in eaengetion therewith. City of Campbell De,_e: ' SUBSCRIBED AND SWORN&TIIEFORIE'ME THIS- r�DAY OF MECCA l•. WT� 20 lot 1669395 i Notary Nft-CmWomb Sm Fronobco Countyy Comm.Expires Mar IS, NOTARY PUBLIC 5890936627 Time Account Receipt/Disclosure an name Wells Farqo Bank, N.A. Time Account number Date opened Term of Time Account 5890936627, 05/18/2005 12 months days aturity date Interest rate Fixed rate Variable rate Annual percentage yield Your Time Account will mature on 05/18/2006 2.52 X 2.56 Interest will be paid - EVERY 01 MONTHS AND AT WITHDRAWAL MeMelhod ot interest payment wi e BY ADDING TO PRINCIPAL Renewability Taxpayer Identification Number(TIN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE 611-30-7507 The Bank is opening the above described Time Account for your deposit of EIGHT THOUSAND ONE HUNDRED EIGHTY SEVEN AND 63/100 $ ""**$8,187.63 Your name and address - ROMAN KNOP PAYABLE TO CITY OF CAMPBELL 261 17TH AVE SAN FRANCISCO CA 941212310 05/18/2005 15:01 CD099 04351 Bank# 00114 . This is a receipt.It need not be presented at the time you obtain payment from the Bank. W60168(11104 83975J)Time Accounts o o ' i I P „MAY-17-2005 TUE 04:32 PM ,""""1X PROPERTIES WEST FAX NO. 408 177 9410 N, U3 ASIiIGNMRNT AND 1t$CBIPT OF ZM ' ANT CERTIFICATE P.W. serail RNC2004-00.133. TO :ITY OF CAMPBELL, 70 N. PIRST STREET TR or ZaEg ) i CAr1,PSEM, CALIMMIA 95008 (408) 866-2M Loc.. 213!W. Ritic on Ave. I um/we are the owner(s)� f a savings secs tat at its branch ofe at 1� Cali ERA, investment certificate No,, the names of- l� and having a present balance of $ �=• 1 hereby grant, transfer and assign said accotmt, said investment certificate, said balance (including interest which accrues thexeon) , and all other rights in connection therewith to the CITY OF CANPHEll, assignee, for a good and valuable consideration, re,:eipt of which is hereby acknowledged, for the purpose of insuring construction described as follows: Street- Improvements associated with development of 5-Unit Townhouse Subdivision at 213 W. Rincon Ave. (/ On om efy,-&/?d Vl I :;ave physically delivered verification of said investment certificate and dumlicate of this Assignment and Receipt to said assignee. I :nderstand that aeaignee can withdraw froze said account any tiros on his signature alone up:n.presentation of a written order to. the issuer. I also understand that I may not vitharaw .from acid account unless I present a signed release from the assignee. M issuer of the certificate assumes no responsibility for the conduct of the assignee and aa,y, act on the signature of the assignee without further inquiry. Ex cuted on , at said office of the sign — Assignor print sign Assignor Print ACRNOWLEDGEMMU BY ISSUER Isituar affirm that there are no other holds on subject account, that subject conies are .available, and that the above described assignment has been rioted on the Records of said is+lust., 7 Da'•e • C'j 2� �� Hy Z ATTACH Authorized S tore NOTARY Title: V'a'l IINSTRUCTZONS TO ASEIt 4EE P112ase sign below for signature identification and as acknowledgement of your notice of Al:iignment. Return this Assignment and Receipt to the issuer at its address above. Ru.,sin one copy of this Assignment and Receipt for your files. City of D® :e: By RELFASE BY ASSIGNEE Said assignee hereby releases and relinquisbee all- his right, title and interest in and toe, said account, said investment certificate, said balance and all other lights in cel inection therewith. City of Campbell Da,:e: SUBSp,RIBED AND SWORN BEFORE'ME 1l�ECCA THIS L MOTpAYOF Ll, 20� caffli fmlo,#15593" NOlory Mft-Canto San hanclico Counly 46MyComm.Expke$Mor 15, NO ARY UBUc 5890936619 Time Account Receipt/Disclosure an name Wells Farqo Bank, N.A. 'Time Account number Date opened Tenn of Time Account 5890936619 05/18/2005 12 months days Maturity date Interest rate Fixed rate Variable rate Annual percentage yield YourTime Account will mature on 05/18/2006 2.52 X . 2.56. Interest will be paid EVERY 01 MONTHS AND AT WITHDRAWAL e method ot interest payment Will e BY ADDING TO PRINCIPAL , Renewability Taxpayer Identification Number(TIN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE 611-30-7507 The Bank is opening the above described Time Account for your deposit of SEVEN THOUSAND AND 0/100 g ****$7,000.00 Your name and address ROMAN KNOP PAYABLE TO CITYOF CAMPBELL 261 17TH AVE SAN FRANCISCO CA 941212310 05/18/2005 14:55 CDO99 04351 .Bank# 00114 This is a receipt.It need not be presented at the time you obtain payment from the Bank. W60168(11104 83975J)Time Accounts 0 C7 0 I i i MAY-1T-2005 TUE 04:32 PH F PROPERTIES WEST FAR NO. 408 177 9410 P. 03 AS11 lGNKW AND RECEIPT OF nM •• _ '21T CERTIFICATE F.W. persit ENC2004-00133 To :ITY OF CAmp8ELL, 70 N. FIRST STREET TR or DEV ,wd '—— CAtspaELL, CALIFORNIA 95ODS (408) 866-2150 Loc. 2JJ W.. Ri ncon A3�e_ S 4kai/We are the ownerts) o a. savings. a co at _41- ELI at its branch office at tu- , Calif �a, inve tmee ca:rtificate No, 110�` aa� the names o l and having a present balance of 5 i hereby grant, transfer and assign said account, said iavestasnt certificate, Said balance (including interest which accrues thereon), and all other rights in connection th(:rewit h to the CITY OF CJLMPB=, aasignes, for a good and valuable consideration, re-:eipt of which is hereby acknowledged, for the purpose of ituuring coaetruetion described as follows.. Street Improvements associated with development of 5-Unit Townhouse Subdivision at 213 W. Rincon Ave. Cf—r�r2`� f � �zrr�yl,a�c�C I :;ave PhIsically delivered verification of said,investment certificate and duplicate of 'Y&s��- � this Assignment and .Receipt 'to said assignee. I %nderstand that assignee can withdraw from said account any time on his signature alone up:n presentation of a written order to the icsuar. I also understand that I may not withdrisw from said account unless I present & .signed release from the assignee. The issuer of the certificate assumes no responsibility for the conduct of the assignee and sag- act on the signature of the assignee without further inquiry. Ex k cuted on s 2 'at said office of the i sign Assignor print / sign Y�Nam„ Assignor print. ACRNOWLEDGEKENT BY ISSUER Irisver affirms that there are no other holds on subject account, that subject Manion are available, and that the above described assignment has been noted on the Records of said is�ruer. Da :e 'Q 8p --� 11TTACA Anthoriz Signatur N=hRY Title: iACKKOWLEDGMUM INSTRUc ICSIS TO ASSIGi4ZE P1itame sign below for signature identification and an acknowledgement of your notice of Actignment. Return this Assignment and Receipt to the issuer at its address above, Re.ain one copy of this Assignment and Receipt for your files. City of De :e: 5c�S /�U; bydo REMSF BY A9SIGN2S SiAd assignee hereby releases and relinquishes all- hie right, title and interest in and tc, said account, said investment certificate, said balance and all other rights in eci snection therewith. City of Campbell Da.:e: Ey SUBSCRIBED AND SWORN TO GEFORE' TNIS� ME REBECCA L.VOIGT DAY OF 20 _ Corn n *)n#)359395 a Notary"ft-California San Francisco County My Comm.Expkes Mor 15,2009 NOTARY B IC 5890936635 ,Time Account Receipt/Disclosure bank name Wells Fargo Bank, N.A. Time Account number Date opened Term of Time Account 5890936635 05/18/2005 12 months days Maturity date Interest rate Fixed rate Variable rate Annual percentage yield Your Time Account will mature on 05/18/2006 2.52 X 2.56 Interest will be pal EVERY 01 MONTHS AND AT WITHDRAWAL e method ot interest payment will e BY ADDING TO PRINCIPAL o Renewability Taxpayer Identification Number(TIN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE 611-30-7507 The Bank is opening the above described Time Account for your deposit of EIGHT THOUSAND ONE HUNDRED EIGHTY SEVEN AND 631100 $ ****$8,187.63 Your name and address ROMAN KNOP PAYABLE TO CITY OF CAMPBELL _ 261 17TH AVE SAN FRANCISCO CA 941212310 05/18/2005 15:13 CDO99 04351 Bank# 00114 This is a receipt.It need not be presented at the time you obtain payment from the Bank. W60168(11/04 83975J)Time Accounts 0 i i I 5890936734 Y k Time Account Receipt/Disclosure banK name Wells Fargo Bank, N.A. Time Account number Date opened Term of Time Account 5890936734 06/01/2005 12 months days Maturity date Interest rate Fixed rate Variable rate Annual percentage yield Your Time Account will mature on 06101/2006 3.01 X 3.06 Interest will be paid EVERY 01 MONTHS AND AT WITHDRAWAL e method ot interest payment will e BY ADDING TO PRINCIPAL Renews ility Taxpayer Identification Number(TIN) YOU WILL AUTOMATICALLY RENEW MY TIME ACCOUNT AT MATURITY UNLESS I NOTIFY YOU OTHERWISE 611-30-7507 The Bank is opening the above described Time Account for your deposit of TWELVE THOUSAND-FORTY AND 0/100 $ ***$12,040.00 Your name and address ROMAN KNOP 261 17TH AVE SAN FRANCISCO CA 941212310 06101/2005 11:12 CD099 04351 Bank# 00114 1 This is a receipt.It need not be presented at the time you obtain payment from the Bank. W60168(11104 83975J)Time Accounts - i MHY-.31-dUUZ> 1b;17 t-mull I;HNtiMr1C UJUJ J --- I- I--•-• --- - MHY-84-80b5-08:37 FROMAKARPJ& 6505950363 14135328299 P.2 Ill. cv. IVYi IV•/lnlfl IYV. 177 r• County of Santa Tara Tax Collector\t u Tax Roil Control Division i County Government Center.But using 10 West Redding Street San Jose,California 45130 (406)808-7979 F�287.2443 GV Statement of Subdivision Security To Be Posted with the Clark of the Board of Supervisors Prior to Map Recordation Alliance Title Company January 26,2005 Phil Kessler According to our records dated 1/26/05 , there are no unpaid County,Municipal or local tastes, or special assessments collectible by this County, or taxes or assessments against the land within the subdivision or parcel designated as; 305-31.003 or against any part thereof as shown by the assessment rolls on'file in the Office of the Tax Collector,except texts and special assessments collected as taxes,which are not yet payable. For the Tax Year 200512006. the security required to be posted with the Clerk of the Board of Supervisors prior to recordation of this parcel or tract map is as follows: Tyne of Security Retrtrlar-Tax Suunlemental Tss[ Total Security Cashier's Check• $10,320.00 $ $10,320.00 Passbook $11,180.00 S $11,180.00 Certificate of Deposit .Letter of Credit Surety Bond S12,04D.00, $ $12,040.00 The amount of security for taxes specified above will remain in effect through Sey!AMher 3 .Z005. If the parcel or tract map designated above is not recorded iq the Recorder's Office on or prior to this date.a new certificate of tax clearance must be obtained. I • This letter does not include any assessments for any assessment district;liens or otherwise, not shown by the assessment rolls or other official records"is office. Martha L Williams 'Y= /Awkl Tax Collector Deputy Tax Collector r . I'IFii-JL-CCJ✓JJ let•t� Frui I vJ6505950363 14135 BR69 PA MRY-24-2005 08:37 FROM:RKRRP 'County of Santa Ci � ► CCAce of she Board,of Supervisors. f C;C11ICT. A'AlWillai� yG85f1t1reel. {y° loch Floor .. . rg �.�e,�f�en1M a73 t a0 Ql�� 1 440al29 3Z1 290-7-323 ' FAX 298.s4W TOO 093.8272 SECt R=coy es V..CIM'Pn pl&DMTY TaM MM SPEM& SSUS'HMM To Ax Fn +WtTIEI w^t x aP'f V B®AR�OF SU>�'�YIRO>3S i 'he fallowing infurnUtion must be I:oaVletasd: z. SECURM FOR FISCAL Y ! 3. TRACT NLMER(if applicable):. I 4. MMCK ONE BOX ONLY (� I am submitting a C.a Bier's Check. I aubmixe that these flamds be forwarded to the Tax Collector to satisfy+the fiscal year tax obligslioa Excess funds will be red'imded within 60 drys fionx the date,thit these fluids are applied to the tax bttt(s). ❑.3/I am submitting s Carshier's Check to be held in trust. E 1 arse submitti s Certificate of Deposit a I am submitting a Passbook Account ❑ I am submiuing a Surety Bond. Iht fbUowinV a=be completed: Name oflas wince Company Address ofhwurance Company Telephone Number of lmurs nce C=Wxrj I � I w dmtmd that+i'tbe selurW cities am allowed to become delinquent the above tamed security will be used ID s&*this fiscal year tax obligs ion. A written request most beat mitted v the Clerk of the Board in order to,obtain Muse of ft security. i 3. PLBASE PRWT THE NAME ADDIRESSOff THE WARANIOR POSTWO SECURM: Name Address C SIGNATURE Of GUARAMORPOSMNG SECURITY Telephone Number C �5 s�3 Elate l U%L`t Lz)u f OOVIC: r.`t b�b�7�1�5b3 MRY-31-2005 10:20 FROM:RKRRF'lt :1 41353292M P.5 6505950363 MAY-24-2005 OB:38 FROM:AKARP av �„ • ..LV•LV YJ VJunn i COUN�'7,�,OF_,SA�'�'A CI.A►RA, - t-nRnrvttclON TA]LBOND »OW AI3.MW BYTOMi PkBSgWM.' TgpT 1/ / G� o IS Prlaeipd(s). and //l/ ✓ i�Surety. , Sze held and 6®ty d Wa cmw of Santa CIA*State of Ca1HWW1.Who pawl agar of i d011srs � tobop�idmWecoaatyots�ataoa:a,StwatC�tomisfarwb�ob�Y�t+ rvtib tube mde.we bind omaelvca.oprbain.wracurdra.adatidshatora.r000etaoaa amd , , jaway.amd btrveeally.fliialy by dlesls;prumts.to e+ payment of the uates ad aasca�tuaata lbf wZ ym _-- tvbfcb ue a lien fiat nos payitblo'as pavvidod for inS=d=GGW of the Codedllbe.atateorfGalifm�ir. •- ;�, 'Ibe eaadidao of the above obligation is ancb thsit .! • WHIUMA3,*4 above gamed Pdd *d ia0atds to Me with this P=Odu*(Bata Chas 0=ihY apaaal taagp.Of carol map amnbmr - - wldah U uptmaated an the me=11a Of SUP CIM Canary ae psadel amnbee(a): o2 G i GCJ% -�•f. -G�!'J • V�BA4,these are no liaow a,Relaat tbt subtllvLioa ar any pert thereof fey mapsid sLat0.0opaty. namidpai crime taus mr opedd usestmeama oaUected as mces,eateegt tames or age"as.c"30 ia(;;Ya payable. d AND WARMS,the paovidoas of the dllf da state lag nrsluim*ae into boa be Mad«dtb the Cb*of embowd oPStrWtiura of said COoaty. NOW M*MP .if*o Said pr;ioolpal(S)shall pay at taasnto be paid.ahem acd all spedul eelleeted lilDi ttntea,*Koh to*o time of Abi saldmsp,atb a)iva ap hm Studs saint: or any pit thtaedd.bus not yet-payable,or fbr which a art bill 11as Oottem paepaied,then 215 obli Shish owe end bo void,otbitewiiIdt"remain iO poll faces and affect midi lido totes,ebown srhlobioohtdepa dntbatbadlar tttueaaraeoi mil and gay supplaaomW sell,wspdd In foil,ia0lV ft alp► and intateetlaannsd. Illegal acthm is mgabed to recover wader thta bond,On protecdon aUW&d by to cover psymwt of mucably anamWa lees. Tbb pRoryidons od3scoau 2g4S of dw Civil Code m act a Mica pumedut to the as *We ob]lpdan bmwadar and am bmeby waived bytho sUVW. IN Wi.['MS VAMMOF.said Pdaiap l and said Surety o med this bond to beMe djw at P1�IIdCJFAL- TrrLsclt tfcs sv�Isrr AZZ�URNBY JN�PACT 1 r � L ADDPMS OF SURETY PHMMN0.0P SURM+TlI 'NOTE: TIM alanaOas(a)of the ptits*ai gab gamy mad the atmaneriin-fact of the surety must be ackwWle edWaco a m0wy yt►ht(o Uft*um loam on else sevgn Of ads page. Aloe Wby Creek of rho Bond of 3apeoAtara 013SCRISED AND, WN T 6ORf :ME By THIS DAY OF UI Date: NO AR LIC RMECCA L•Vi01GT Coeur UM F TU9395 ► v Publtt:-cawt«dla san.Pr mbeo Cowdy - MY Comrn•ExpirQs Mat t S,2 MAY-31-2005 10:20 FROM:AKARPIE 6505950363 T0:1415b(bbbld N•5 Mpy-24-2005 08:38 FROM:AKARR, 6505950363 .4135328289 P.6 BOND NO -- A'1'TaAI�Y•YN•BAC'�AG`'K1VA,�VLh'®tsE'1�1�LT ®T�SIt]Ri±"TY STATE O RI�r f � coYarrtir aP � f� , Ou: � 0 2Db 01tme.the �,ate• gablie is fqt add CauM sad since poswolly appea"a• j,r�,roz- tome �eccfott:�lrnoe ot�baadbmd Qas th®wiihi®3n ¢ the aeZamey�n- 'ef the � � ectpotatloa nataad of•Sutaty is oaid iaaEratttmt.bad $aed fa tao thtt he aubsesibed tho tame of said oorpantioa thereto s!Sni ety,and 0 QEdECCA L.WIGT awn same y del-fist Commission#1 95 •r' Notary Pubsc-CaNtorhia wp mS r[odeft3aial Affix notary teal heap. San Francisco County Sl#aalnoe My Comm.Ib%W s Mar 15,2 w ww�r 'w wf•.ww-am w r AC9*OWLIM(;M IM OPPMCIPAL(S) 7adlnldmlG�nPdnoipaL , STATE OF;.L dI.0 iI• TYU — 1 CoxarTY aF, • •Omit�f daY of 1r!{LQ �8 b• born au.tYe { axo4ary o to m4forpid Cmmty and Stda pamum- tp � pessonsU7.kv*r D to me Cr pmmd to fha bidi of iidz tctoiy evjdteee'to be the pet w wTsosc raslbed to the wiR$a hrsttoaaentand otiaaowledgcd that ' IhD Surd• Y - - ' wrrmu9 my ofaisi sell. Affix a REf L.VOKsr attzy sell hem." C.ommaWoon on#159p395 9lguamre (�� Notary Public-Catlfmft San Francisco county 16,MvCom.Er Mar 15,2tiD9 CotpasoEiaa ie/Pd�ao�lpol . STATH OF cmvr y n Oa q4, / day al J U i� L bdom me,the ad 'a notary Public is mIdd cooary xad$tw pas dmmy appeaed :ivy�/�_ Oad 'i Jeri v ''7/ ' petEOnally fmbina♦b lae arpeaved to nor 41{a bYia of s ff -V �.....+..•.--• i the VYl*AII sty enliaea;D tD b0 We•patians Nh0 executed m P,eddcat sad Secretary on behalf of Ira 4mpw2ddA dwft tined,and aalmoNLodpd to tar thai sacb emportiioo mretvtodthe within kwaunieut Pu sumt to its by lseve a:a maahttion afar board of direetora. R'TII�S3 sad affie 1 tea. AMx notary real bete, alMEccn L VOI6r 'Comrnbsion#1669395 Notary Pubt)c-CoNfornla Sort Francisco Courdy My Comm.Eom Mar 15,2 IN. 7L6 C, I JUN, 14. /UU5 11 31R�4 RLLIANl,t I,ILt -%ce• ® ircil RECEIVED FAX COVER SHEEN' JUN 14 2005 DATE. � 1� 0 A®�!N►STTI►off TO: PHONE: FAX: eta 095� 1 FROM- Phil Kessler PHONE; 44081 369-5589 L Pty\C.41v\ A4t FAX: (408) 377-2678 RE: Z�3 ESCROW#:_ Number of pages including cover sheen Message" SPECIAL INFORMATION ABOUT THIS FAX: The information contained in this facsimile message may be confidential, proprietary and/or legally privileged information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any copying, dissemination, or distribution of confidential, proprietary or privileged information is strictly prohibited. If your have-received this communication in error, please immediately notify the sender by telephone, and we will arrange for the return of the facsimile. Thank you! 901 Campisi Way,#100 Campbell,CA 95009 a (408)559-1424 . FAX (409)559-7408 wU. 7l 0 r C P.4 N L L I H N 1,t i l i L t o,�aD7J173b,3 Z'0:14135, , vmty of Santa ....., 48"Im of the Board,or$uporwIsor8 y r Tat itrea;�MEBdt><8 51re�r.6�h rtoo► �' ''r� 1 sm.JOSO'.06r8bMIR W I to CQ�► 14WISue-OZI ZOW2323 > 208e•ao YOD Ilaa.eara SECIRM j also f abv*g iai amadds must be comply W: !. AM# 3DS-31—oQ3 ' z. sEcuaM POP,FMCAL YEAR zo�6 i 3. UACT FX 0faPPG=ble):- D t A. CEMCK OM B®x ON LY Q 1 am subwttittg a ca wet`s amuck I auft ite that those f &be ftwadW to dw Tax Caector to seti*dw fiscal year Ox OW08. Lu ms tintde will be ft!Amded watia 6o days ftm the Itat *m dtest nods we applied to*s lax bitt(s). ® 1 am subs s Cinder s Owk oa be held in umt. 16 W sub»itdo s CvaSt,me,of Devask lam subraittingaPusbwk Accouni � I as stlbrtslttYrtg a Slnrttty►>S�d. '$619b11aa�nlg�!be oompfeted: sum orlasarmen tympany Addms.dbui mans Comm ?s] Io ldttsr�s�of�Ilrance t�larttr t � t tai im and der i f the secured oom lore allowed m become ddraqueuk*e abm ftW d smft Will bowed m&Wk*dzIkW7mftceMgmicvL A wrlttm requan taunt bo sad w 6s Clmk of ttte Dowd io order m oWn muse efthit smoudtq. g. 1LAWPANT THE g%AIDMIZSSOF'1EGUARANTORPOSt1NGSDCCDRnY: Name Addfus 4 SIGNAnm Of Gil Rpos7wG ssct rift Tcf qA one Numb% i t S 4 C�3 Dift JUN, N. LUUD 1 1 � 3ZRM HLL IRM,t l i l LC INV. )LOM=Mr- J , •i r 4 v ati r-r%forigae October 18,2004 Alliance Title Attention:Phil Kessler 901 Campisi Way Campbell CA 95008 Re: Order#11205523 CitiMortgage Loan #0626407850 Dear Phil: Enclosed the executed Subdivision Authorization Letter for the above referenced account. Please note that this consent does not imply that a partial release has or will be approved. If you need further assistance regarding this subdivision please contact me at 301-696-5401. Sincerely, Saundra W.Pierce Research Services 5280 Corporate Drive#0251 Frederick NID 21703 i I ' 1 I CiriMorrgage,Inc.does business as Citicorp MorVge in MT and NM. Amemberof etttgroupr J IUV. 710 �• `� JUN. N, 1UU7 l4 1L"I HLLIHIV�C I1ILC ; ft� /Vlianee Tit. e ,ro A lia ace Title Company 901 Campisi Way Campbell, CA 95008 Attn:Phil Kessler Re: Order Number 11205523 Tract Map No.9604 Oumers:Masud Maesumi SVBDIVISION MAP AUTHOMATION LETTER The undersigned as Beneficiary u4der that certain Deed of Trust,recorded July 23, 2003,Docmnent No. 17213031,of Official Records of Santa Clara County,in the amount of$380,000.00 hereby authorizes and instructs Alliance Title,a Califbada Corporation as Trustee thereunder to execute the 71 act Map in the capacity of Trustee. The undersigned hereby relieves Alliance Title Company,a California Corporation of any liability in connection with execution of the above mentioned Map. BENEFICIARY: �,,,►��I�uu,,,�� aSEAL� '�" Wendy A. a LecWwen, Vice President '�n�nII1%%W,``� 901 Campisi Way Carnpbel4 CA 45008 • (408)559.3424 • pU(408)377.0294 l d QC5 'ON 311I.1 33NVI IIV M[ :l 9001 ,�l '130 6/9/2005 4:44:06PM Fees.Associated With r Case #: ENC2004-00133 a a _ _.s ,,.x .....u.w,r...:. , �;... -a_.6�:a.. -..,"'R._,. -'c"',_... �........«. T-.,'--r��rv-'J""X:X". .�. _'#. .ii:ir^.r,L^...._,�:ESn '-�'<.. �am.'y�•. .i* . r �. _� -mf',7r ..w-.,=: ,. .r.." ... .ti.>. ... <:,. .,._...,,r xxm. .. fr U,.... x4r L-. 'T.c,..r._ 3 ..r..., a- x ;: v:° :^., "3"':�...n •' *a ;: rxT s.:; 'I._ -�. .-t _.>. ._.. _ "�-=.<.. R� <,,*..,5;,+-r.. -, :. - -- ,. .k,., T.t: t....r.. s� �.2.>�z- _,...: ,x.--lei .,.. -.-,. ..,.:.,.�', s .._. s. .,,...,.f-: .,3i:'., - .> �:. Fee Start o-,End. k. ans- Revenue. .:_-._ . : -- 7 .._ . a, .rr._ .-� .� Tr 6 _ C sated �. FL �.�;..,;--n .i« .:t--. 1`_..>. 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Date ,r Amount Dae . ; a . ., ..�§T ., .P.�,.w.-r ...> .,�..T"-t ,,. ?.'�} -'au=tom` pt t,IIIn �i i'J T g D Date. -Date _ _x. _ x.,_ ode_ _ _ eti._ ._. fit a f vaer t m1 CCQlIntI11bC . « h X._ 4 r APP 7/l/2003 6/30/2004 Encroachment 101.730.4722 168156 JD 6/28/2004 260.00 0.00 PCDP 7/1/2003 6/30/2004 Plan Check Deposit 101.2203 168156 JD 6/28/2004 500.00 0.00 PCI1 7/l/2004 6/30/2005 Non-Util Plan Ck/Insp to 101.730.4722 177053 JD 5/24/2005 1,146.27 0.00 FMTM. 7/l/2004 6/30/2005 Parcel Map Fees-5 or 101.730.4722 177053 JD 5/24/2005 3,365.00 0.00 PKD1 7/1/2004 6/30/2005 Park Ded Fee<6 Units 295.535.4920 177053 JD 5/24/2005 18,139.00 0.00 7/l/2004 6/30/2005 Storm Drain Fee- 209.715.4721 177053 JD 5/24/2005 825.00 0.00 7/1/2004 6/30/2005 Plan Check Deposit 101.2203 'iZ+(, (f6U5)2-,q) 5JD 6/9/2005 -500.00 -500.00 Total Due: 4500.00 �' Page 1 of 1 CaseFees..rpt of•CAA,jn v r 0 0 City of Campbell-- Community Development Department 70 N.First Street,Campbell;CA 95008 MEMORANDUM To: Bill Seligmann,City Attorney Date:December 17,2004 .lbert lllxn ,1��iigh per Sharon Fierro,Community Deve opm Tit Director From: Tim Haley,Associate Planner Subject: C, C&R's—213 West Rincon Avenue —PLN 2003-140,141 Please find attached a copy of the draft C,C &R's prepared for an approved townhome project at 213 W. Ninon Avenue. A condition of that Planned Development Permit and Tentative Subdivision Map approvals required the following: 1. Covenants. Codes and Restrictions (CC&Rs): Prior to recordation of the Final Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. The.formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. C. Definition of common areas to be maintained and provision of maintenance for these areas, including the common access driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared buildingwalls and roofs to be repaired,repainted,and/or replaced as necessary. e. Provision for the availability of an interior garage space for the parking of two vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. Your review and comments of the draft declarations in light of this condition of approval would be appreciated. Please forward any comments to me by January 3, 2005. If you should have any questions, please give me a call at 866-2144. Y i.. ARTICLES OF INCORPORATION OF 213 W. RINCON AVENUE OWNERS' ASSOCIATION ARTICLE 1-NAME. The name of this corporation is 213 W.RINCON AVENUE OWNERS' ASSOCIATION. ARTTCI R I AGF,NT FOR SERVICE..OF PROCESS The name and address in the State of California of this corporation's initial agent for service of process is John Maesumi,3131 S. Bascom Avenue,#100,Campbell, CA 95008. ARTICLE I PURPOSES OF THF.ASSOCTATION This corporation is a Nonprofit Mutual Benefit Corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business,for which a corporation may be organized under such law. This corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest.Development Act. The corporation has not yet established a corporate office and has no managing agent. The nine digit ZIP code for the common interest development is l 4 3� ; and the front street and nearest cross street is Rincon Ave. and Salice Way, respectively. This corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for management, administration, maintenance, preservation and architectural control of the Residential Lots and Common Area within certain real Property situated in Santa Clara County, California, and to promote the health and welfare of the residents within the Property and any additions thereto as may hereafter be brought within the jurisdiction of this corporation. ARTTCI R 4- LIMITATION OF POWERS Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this corporation. ARTICLE 5-NONPROFIT STATT 1S This corporation is organized solely for nonprofit purposes, pursuant to Section 23701(t) of the Revenue and Taxation Code of the State of California and applicable provisions of the United States Internal Revenue Code, Section 528, as they may be amended from time to time. No part of the net earnings of the corporation shall inure(other than by providing management,maintenance and care of the Property or by a rebate of excess membership dues, fees and assessments) to the benefit of any private Member or individual. 1817 8/25/04 - 1 - '1 ARTICLE 67 AMFNDMF.NTS These Articles may be amended only by the affirmative vote of a majority of the Board, and by the affirmative vote (in person or by proxy) of Members representing a majority of the voting power of the corporation and a majority of the votes of Members other than Declarant, or where the two class voting structure is still in effect(as provided in the Bylaws),a majority of each class of membership. IN WITNESS WHEREOF, for the purposes of forming this corporation under the laws of the State of California, the undersigned has executed these Articles of Incorporation this day of 2004. k eN 61JD Je8 MAESUMI,Incorporator -2- P BYLAWS OF 213 W.RINCON AVENUE OWNERS' ASSOCIATION SECTION-1-NAME. AND LOCATION 1.01. The name of the association is 213 W. RINCON AVENUE OWNERS' ASSOCIATION ("Association"). The principal office of the Association shall be in Santa Clara County,California. SECTION 2- DEFINITIONS 2.01. The definitions contained in the recorded Declaration of Covenants, Conditions, and Restrictions of 213 W. Rincon Avenue (herein referred to as the "Declaration") are applicable to the Property and are incorporated herein by reference. SECTION I MEMBERS MEETINGS 3.01. Annual Meeting. The first meeting of the Members, whether a regular or special meeting, shall be held no later than six months after the close of escrow on the sale of the first Lot in the Project. The next annual meeting shall be set by the Board. Subsequent regular annual meetings of the Members shall be held within 30 days of the same day of the same month of each year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following,which is not a legal holiday (excluding Saturday and Sunday). 3.02. Sn : ia� l�Meetings. A special meeting of the Members of the Association shall be promptly scheduled by the Board in response to: a) The vote of the Board itself; or, b) Written request for a special meeting signed by Members representing at least 5% of the total voting power of the Association. Such special meeting shall be held at a time fixed by the Board not less than 35 nor more than 90 days after receipt of the request. 3.03. Notice and Place of Me .frog. Written notice of each meeting of the Members shall be given to Members by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten days but not more than ninety days before the date of such meeting at which Members are required or permitted to take any action. The notice shall be sent to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the nature of the business to be transacted, and that no other business may be transacted. In the case of a regular meeting, such notice shall include those matters which the Board, at the time the notice is given, intends to present for action by the Members. However, any proper matter may be presented at a 1817 8/25/04 - 1 - regular meeting for such action. The notice of any meeting at which a Director is to be elected shall include the names of all nominees at the time the notice is given. The Board shall specify the meeting place, which shall be held within the Project or as close thereto as reasonably possible. Unless unusual conditions exist, Members meetings shall not be held outside of the county in which the Project is situated. 3.04. Quorum. The presence either in person or by proxy, at any meeting,of Members entitled to cast at least a majority of the votes of Members,shall constitute a quorum for any action except as otherwise provided in the Articles, the Declaration, or these Bylaws. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum. This Section and the Section below, entitled "Adjourned Meetings", do not apply to the quorum requirements for the imposition of regular and special assessments. Said quorum requirements are set forth in Section 8 of the Declaration. 3.05. Adjourned Meetings. If a quorum is not present or represented at any meeting, a majority of the Members entitled to vote thereat may, unless otherwise provided by law, adjourn the meeting to a time not less than five days nor more than thirty days from the original meeting date, at which meeting the quorum requirements shall be at least 33-1/3% of the total voting power of the Association. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting, or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to the Members as set forth in Section 3.03. 3.06. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of each meeting. Except for an irrevocable proxy permitted by Corporations Code Section 7613(d), every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot, or upon receipt of notice by the Secretary of the Board of the death or judicially declared incompetence of such Member prior to the counting of the vote. No proxy shall be valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy, except that the maximum term of any proxy, other than an irrevocable proxy permitted by Corporations Code Section 7613(d),shall be three years from the date of execution. Any form of proxy or written ballot distributed by any person to the membership of the Association shall afford the opportunity to. specify a choice between approval and disapproval of each matter or group of matters to be acted upon, except it shall not be mandatory that a candidate for election to the governing body be named in the proxy or written ballot. The proxy or written ballot shall provide that, where the Member specifies a choice,the vote shall be cast in accordance with that choice. The proxy shall also identify the person or persons authorized to exercise the proxy and the length of time it will be valid. 3.07. Classes of Membership and Voting. The Association shall have two classes of voting Members: Class A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to three votes for each Lot owned. -2- 3.08. Termination of Class B Membership. The Class B membership shall be irreversibly converted to Class A membership on the occurrence of whichever of the following events is first in time: a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B Member, or, b) Not later than the second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 3.09. Action Without Meeting. Any action which may be taken by the vote of Members at a regular or special meeting, other than the election of Directors where cumulative voting is required, may be taken without a meeting if done in compliance with Corporations Code Section 7513. If an action is taken without a meeting, the Board shall distribute a written ballot to every Member entitled to vote on the matter. The ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of such proposal, and provide a reasonable time within which to return the ballot to the Association. All such written ballots shall be filed with the secretary of the Association and maintained in the Association's records. Approval by written ballot shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. 3.10. Conduct of Members Meetings. Meetings of the membership of the Association shall be conducted in accordance with the provisions of Section 1363 of the Civil Code. SECTION 4- BOARD OF DIRECTORS- SELECTION,TERM OF OFFICF 4.01. Number. The affairs of this Association shall be managed by a Board of three directors who need not be Members of the Association. The first directors shall be appointed by Declarant to serve prior to the first annual membership meeting and election. 4.02. Term of Office. At the first annual membership meeting of the Association the Members shall elect two directors receiving the highest number of votes for terms of two years and one director for a term of one year and at each annual membership meeting thereafter the Members shall elect directors to replace those whose terms have expired for successive terms of two years. 4.03. Remov,91, Unless the entire Board is removed from office by the vote of Members of the Association, an individual director shall not.be removed prior to the expiration of his term of office if the votes cast against that director's removal would be sufficient to elect such director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of directors authorized at the time of the director's most recent election were then being elected. A director who was elected solely by the votes of Members other than Declarant may be removed from office prior to the expiration of that director's term only by the votes of a simple majority of Members other than Declarant. 4.04. Vacancies by Death, Resignation or Removal. In the event of the death or resignation of a director, a successor director shall be selected by a majority of the remaining Members of the Board or by a -3 - sole remaining director, and shall serve for the unexpired term of his predecessor; provided that the successor of a director who was elected by Members of the Association other than the Declarant shall be elected by a vote of Members other than the Declarant. In the event of the removal of a director,a successor director shall be elected as prescribed in Section 5.02. 4.05. Indemnification of Officers and Directors. Each director, officer and committee member shall be indemnified by the Association and the Members against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon such person by judgment or settlement in connection with any proceeding to which such person may be a party,or may become involved, by reason of being or having been a director, officer or committee member of the Association, so long as such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. In this regard, the provisions of Corporations Code Section 7237 shall apply in their entirety. SECTION 5: NOMINATION AND ELECTION OF DIRECTORS 5.01. Nomination. Nomination for election to the Board shall be made by a "nominating committee". Notice to the Members of the meeting shall include the names of all those who are nominees at the time the notice is sent. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a Member of the Board, and two or more Members of the Association. The nominating committee shall be appointed by the Board not less than thirty days prior to each annual meeting of the Members, to serve until the close of such annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among nonmembers. All candidates shall have reasonable opportunity to communicate their qualifications to Members.and to solicit votes. 5.02. Election of Board. The first election of the Board shall be conducted at the first meeting of the Association. All positions on the Board shall be filled at that election. Voting for the Board shall be by secret written ballot. Cumulative voting in the election of Board Members shall be prescribed for all elections in which more than two positions on the Board are to be filled, subject only to the procedural prerequisites for cumulative voting prescribed in Section 7615 of the Corporations Code. From the first election of the Board and thereafter for so long as a majority of the voting power of the Association resides in the Declarant, or so long as there are two outstanding classes of membership in the Association, not less than 20% of the incumbents on the Board shall be elected solely by the votes of Owners other than the Declarant, in accordance with the following procedure: The collected ballots shall be segregated between ballots cast by Declarant, and ballots cast by other Members. The ballots received from other Members shall be counted first, and the person receiving the greatest number of votes from such Members shall be elected to the Board. The votes of the Declarant shall then be added to the totals and the persons receiving the highest number of votes (other than the person already elected) shall be elected to the remaining positions on the Board. -4- A Board Member who has been elected to office solely by the votes of Members of the Association other than the Declarant may be removed from office prior to the expiration of such Board Members term of office only by the vote of at least a simple majority of the voting power residing in Members other than the Declarant. SF,CTTON 61 MEETINGS OF DIRECTORS 6.01. Regular Meetings. Regular meetings of the Board shall be held quarterly at such place within the Project, and at such hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday, excluding Saturday and Sunday. Notice of the time and place of such meeting shall be posted at a prominent place or places within the Common Area and shall be communicated to the Board members not less than four days prior to the meeting. However, notice of a meeting need not be given to Board members who have signed a waiver of notice or a written consent to the holding of the meeting. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such notice,the Board shall communicate the notice of the time and place of such meeting by any means it deems appropriate. As used in this Section 6,"meeting" includes any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, referenced elsewhere in this Section 6. 6.02. Special Meetings. Special meetings of the Board shall be held when called by written notice signed by the president of the Association, or by any two directors other than the president. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be sent to all Directors and posted at a prominent place or places within the Common Area or communicated to all Members in the same manner required for notice of regular meetings not less than four days prior to the scheduled time of the meeting, provided that notice of the meeting need not be given to Board members who have signed a waiver of notice or a written consent to the holding of the meeting. 6.03. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. 6.04. Emergency Meetings. An emergency meeting of the Board may be called by the president of the Association or by any two members of the Board, other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice as required in this section. 6.05. Notice to Members. Members shall be given notice of the time and place of any Board meeting, except for an emergency meeting, at lease four days prior to the meeting. Notice may be given by posting the notice in a prominent place or places within the Common Area, by mail or delivery of the notice to each Lot or Unit in the Project, or by newsletter or similar means of communication. For purposes of the notice requirements, a "meeting" of the Board includes any congregation of a majority of the members of the Board at the same time and place to hear, discuss or deliberate upon any item of business scheduled to be heard by the Board except those matters that may be discussed in executive session. 6.06. Open .n Meetings. Regular and special meetings of the Board shall be open to all Members of the Association, except for meetings of the Board held in executive session. A reasonable time limit for -5 - all Members of the Association to speak to the Board or before a meeting of the Association shall be established by the Board. This authority to speak shall not apply to Executive Session referenced below. 6.07. Ex .cntiv . Session. The Board may, with the approval of a majority of its members present at a meeting in which a quorum for the transaction of business has been established, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, disciplinary matters, and orders of business of a similar nature. If requested by a Member who may be subject to a fine, penalty or other form of discipline imposed by the Association, the Board shall meet in executive session; and the Member shall be entitled to attend the executive session. The nature of any and all business to be considered in executive session shall first be announced in open session. Any matter discussed-in executive session shall be generally noted in the minutes of the Board. 6.08. Action Without Meeting. The Board may take actions without a meeting if all of its members consent in writing to the action to be taken. If the Board resolves by unanimous written consent to take action, an explanation of the action taken shall be posted at a prominent place or places within the Common Area within three days after the written consents of all Board members have been obtained. 6.09. Schedule of Morietary Penalties. The Board shall adopt and distribute to each Member, by personal delivery or first-class mail,a schedule of the monetary penalties that may be assessed for violations of the governing documents. The Board shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule in effect. 6.10. Minutes of Meetings of Directors. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within thirty days of the meeting. The minutes,proposed minutes, or summary minutes shall be distributed to any Member of the Association upon request and upon reimbursement of the Association's costs for making that distribution. Members of the Association shall be notified in writing at the time that the pro forma budget required in Civil Code Section 1365 is distributed, or at the time of any general mailing to the entire membership of the Association, of their right to have copies of the minutes of meetings of the Board, and how and where those minutes may be obtained. SECTION 7- OFFICERS AND THEIR DUTIES 7.01. Enumeration and Term. The officers of this Association shall be a president and vice-president, who shall at all times be Members of the Board; a secretary; a chief financial officer; and, such other officers as the Board may from time to time by resolution create, who may or may not be Members of the Board. Each officer shall be elected annually by the Board and each shall hold office for one year unless such officer shall sooner resign,or shall be removed,or otherwise be disqualified to serve. 7.02. Election of Officers. The election of officers shall take place at the first meeting of the. Board following each annual meeting of the Members. -6- 7.03. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 7.04. Resignation and Removal. Any officer may be removed from office (but not from the Board, if such officer is also a Board Member) by the Board with or without cause. Any officer may resign at any time by giving written notice to the Board,the president or the secretary. Such resignation shall take effect on the date.of receipt of such notice or at any later time specified therein, and unless otherwise specified therein,the acceptance of such resignation shall not be necessary to make it effective. 7.05. Filling Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the replaced officer. 7.06. Multiple Offices. The-offices of secretary and chief financial officer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to the section on "Special Appointments" in this Section. 7.07. Duties. The duties of the officers are as follows: a) Presider : The president shall be the chief executive officer of the Association and shall, subject to the control of the Board, have general supervision duties and control of the business and the officers of the Association. The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments; and, shall be designated as one of the officers authorized to co-sign all checks and promissory notes. b) Vi . -Pr .sid .nt: The vice-president shall act in the place and stead of the president in the event of the president's absence, inability or refusal to act, and shall exercise 'such powers and discharge such duties as may be required of the vice president by the Board. c) S . .r . arv: The secretary shall record the votes and keep at the principal office of the Association the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep at the principal office of the Association appropriate current records showing the Members of the Association together with their addresses; and, shall perform such other duties as required by the Board. d) Chief Financial Officer: The chief financial officer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall be designated as one of the officers authorized to co-sign all checks and promissory notes of the Association; and,shall keep proper books of account. SECTION 8- COMMITTEES 8.01. The Board shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board shall appoint other committees as deemed appropriate in carrying out its purposes. Chairpersons shall serve at the pleasure of the president, and Members of committees shall serve at the pleasure of the chairperson of each respective committee. All committees shall keep written minutes of their proceedings,report their proceedings to the Board,and file their minutes with the secretary. -7- SECTION I ROOKS AND RECORDS 9.01. Inspection by Members. The membership register (including the names and addresses), books of account and minutes of meetings of the Members, of the Board and of committees, shall be made available for inspection and copying by any Member of the Association, or by the Member's duly appointed representative, at any reasonable time and for a purpose reasonably related to the Member's interest as a Member, at the office of the Association or at such other place within the Project as the Board shall prescribe. Minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board; other than an executive session, shall be available to Members within thirty days of the meeting and shall be distributed to only Members upon the request and payment of the fee prescribed in Section 9.02(c). At the time the Association's pro forma operating budget is distributed as required by Section 10.03 of the Declaration, or at the time of any general mailing,Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how, at what fee and where those minutes may be obtained and the cost of obtaining such copies. 9:02. Rules for Inspection. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and c) Payment of the cost of reproducing copies of documents requested by a Member. 9.03. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents at the expense of the Association. 9.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. 9.05. Reserve Account Withdrawal Restrictions. The Board shall require at least two signatures for the withdrawal of monies from the Association's reserve accounts, who either shall be Members of the Board or one Member of the Board and one officer who is not a Member of the Board. - 8- SECTION 10: ASSRSSMF.NTS 10.01. As more fully provided in the Declaration, each Member is obligated to pay to the Association Regular Annual and Special Assessments which are secured by a lien upon the Lot against which the assessment is made. Assessments shall be delinquent and bear interest as provided in the Declaration. The Association may bring an action at law against the Owner personally obligated to pay the same or record a"Notice of Delinquent Assessment" and foreclose the lien against the Lot. Interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of a Lot. SF,CTiC)N 1 1 AMENDMENTS 11.01. Amendment of Bylaws. Prior to close of escrow on the sale of the first Lot, Declarant may amend these Bylaws. After sale of the first Lot, these Bylaws may be amended, at a regular or special meeting of the Members by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of a quorum of the Association and a majority of the votes or written consent of Members other than the Declarant; or where the two class voting structure is still in effect, by vote of a majority of each class of Members. However,the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. SECTION 12- DISC;IPUNARY PR0CFD1IRF.S 12.01. Notice and Hearing. Before disciplinary action authorized under Section 9.02 of the Declaration may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as follows: a) Notice. The Board shall give written notice to the Owner at least fifteen days prior to the meeting at which the Board will consider imposing disciplinary action. Such notice shall set forth those facts which the Board believes justify disciplinary action, and the date, time and place of the meeting. The notice shall be given personally to such Member or sent by first class mail to the last address of such Member as shown on the records of the Association. The opportunity to address the Board may, at the election of such Member, be oral or in writing and shall occur not less than five days before the effective date of the imposition of fines, suspension of rights or other discipline. The Board shall meet in executive session if requested by the member being disciplined. If the Board imposes discipline on a Member, the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. b) Hearin . The hearing shall be conducted in the county in which the Project is located, at a place designated in the notice to the accused Member, by a committee composed of not less than three nor more than five Board Members. The hearing shall be presided over by the President, who shall perform the following duties: i), Read the charges against the subject Member; ii) Require that the charges be verified by testimony of the person or persons making them; -9- iii) Hear any other witnesses against the subject Member; iv) Allow the subject Member to cross-examine each witness following the testimony of that witness; v) Allow the subject Member to make a statement in his or her own behalf; vi) Allow the subject Member to call witnesses in his or her own behalf; and, vii) Allow the Members of the committee conducting the hearing to question the witnesses after they have been questioned by the subject Member. The committee conducting the hearing shall conduct the hearing in good faith and in a fair and reasonable manner. The committee shall have the exclusive power and authority to decide whether or not the proposed disciplinary action will be imposed. c) Decision. The committee shall notify the Owner in writing of its decision within three days of the hearing. The effective date of any disciplinary action imposed by the committee shall not be less than eight days after the date of said decision. In the event Corporations Code Section 7341 is hereafter amended,the amendment will prevail over the provisions incorporated above. SF,CTION 13- MISCF.IJ ANFOIJS 13.01. Compensation. No director or officer shall receive compensation for any service he/she may render to the Association. However, any director or officer may be reimbursed for his/her actual expenses, if reasonable, incurred in the performance of his/her duties. 13.02. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the close of escrow on the first sale of a Lot. 13.03. Interpretation. In the case of any conflict between the Articles of Incorporation and these Bylaws,the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws or the Articles,the Declaration shall control. In case any of these Bylaws conflict with the provisions of any California statute,the provisions of said statute shall control. - 10- CERTIFICATION I, the undersigned, the duly elected Secretary of 213 W. Rincon Avenue Owners' Association, a California corporation, do hereby certify that: The within and foregoing .Bylaws were adopted as the Bylaws of said corporation on 2004, and that the same do now constitute the Bylaws of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation on ,2004. Secretary - 11 - RECORDING REQUESTED BY: Alliance Title Company AFTER RECORDING RETURN TO: MZA, LLC 3131 S. Bascom Avenue, #110 Campbell, CA 95008 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 213 W.RINCON AVENUE 1817 825/04 DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF 213 W.RINCON AVENUE TABLE OF CONTENTS Page SECTION 1. RECITALS 1.1 1.01. Description of Real Property 1.02. Single Phase 1.03. Ownership Interests 1.04. Common Plan for Project SECTION 2. DEFINITIONS 2.1 SECTION 3. PROPERTY RIGHTS 3.1 3.01. Common Area 3.02. Exclusive Use Common Areas 3.03. Partition Prohibited 3.04. Annexation of Additional Property 3.05. Easements 3.06. Owners Easement for Party Wall 3.07. Party Walls 3.08. Provisions Restricting Delegation of Use SECTION 4. USE RESTRICTIONS 4.1 4.01. Use of Lots 4.02. Garages 4.03. Parking and Vehicle Restrictions 4.04. Burning 4.05. Signs 4.06. Animals 4.07. Trash; Storage of Materials 4.08. Television or Radio Equipment 4.09. Rightto Lease 4.10. Window Coverings 4.11. Clotheslines 4.12. Drainage 4.13. Liability of Owners for Damage to Common Area 4.14. Sports Fixtures 4.15. Nuisances 4.16. Compliance with Project Documents 4.17. Sound Transmissions Table of Contents - 1 - SECTION 5: MAINTENANCE OBLIGATIONS 5.1 5.01. Association Maintenance Obligations 5.02. Owners'Maintenance Obligations SECTION 6: ASSOCIATION,ADMINISTRATION,MEMBERSHIP 6.1 AND VOTING 6.01. Association to Manage Project 6.02. Membership 6.03. Transferred Membership 6.04. Classes of Membership and Voting 6.05. Termination of Class B Membership 6.06. Approval of Members Other than Declarant 6.07. Inspection of Books 6.08. Commencement of Voting Rights 6.09. Co-Owner Votes 6.10. Membership Meetings 6.11. Notice and Place of Meetings 6.12. Board of Directors SECTION 7: POWERS, DUTIES AND LIMITATIONS 7.1 OF THE ASSOCIATION 7.01. Powers and Duties of Association 7.02. Property Taxes and Assessments 7.03. Insurance 7.04. Discharge of Liens 7.05. Payment of Expenses 7.06. Prohibited Acts 7.07. Action Requiring Consent 7.08. Disputes Regarding Damage to Property 7.09. Dispute Resolution 7.10. Construction Defect Disputes 7.11. Association's Construction Defect Claims 7.12. Other Disputes Involving Declarant 7.13. Alternative Dispute Resolution Procedures 7.14. Disputes Between the Association and Owner(s) or Between Owners Regarding Enforcement of Governing Documents 7.15. Civil Code Sections 1368.4, 1375, 1375.05 and 1375.1 7.16. Use of Damage Award Amounts 7.17. Miscellaneous 7.18. Inspection and Maintenance Guidelines SECTION 8: ASSESSMENTS 8.1 8.01. Agreement to Pay;Personal Obligation 8.02. Purpose of Assessments 8.03. Assessments of Vacant Lots 8.04. Common Facility Assessment Exemption Table of Contents -2- SECTION 8: ASSESSMENTS(Continued) Page. 8.1 8.05. Regular Annual Assessments and Special Assessments 8.06. Quorum 8.07. Individual Charges 8.08. Equal Division of Regular and Special Assessments 8.09. Delinquent Assessments 8.10. Commencement of Assessments and Individual Charges 8.11. Assessment Lien SECTION 9: ENFORCEMENT OF RESTRICTIONS 9.1 9.01. General 9.02. Specific Enforcement Rights SECTION 10: BUDGETS,FINANCIAL STATEMENTS AND 10.1 BANK ACCOUNTS 10.01. Proposed Budget 10.02. Adopt Budget 10.03. Budgets,Financial Statements 10.04. Summary of General Liability and Earthquake and Flood Policies 10.05. Reserves and Reserves Study 10.06. Bank Accounts SECTION 11: INSPECTION OF BOOK AND RECORDS 11.1 11.01. Inspection by Members 11.02. Rules for Inspection by Members 11.03. Inspection by Directors 11.04. Review of Financial Records 11.05. Reserve Account Withdrawal Restrictions SECTION 12: INSURANCE,DESTRUCTION, CONDEMNATION 12.1 12.01. Insurance 12.02. Other Provisions and Limitations 12.03. Damage or Destruction—Association 12.04. Damage or Destruction—Owners 12.05. Condemnation SECTION 13: MORTGAGEE PROTECTIONS 13.1 13.01. Mortgages Permitted 13.02. Priority of Mortgage 13.03. Payment of Taxes or Premiums by Mortgagees 13.04. Effect of Breach 13.05. Mortgagee's Rights 13.06. No Restrictions on Owner's Right to Ingress and Egress Table of Contents -3 - SECTION 13: MORTGAGEE PROTECTIONS (Continued) Eap 13.1 13.07. Notices to Mortgagees 13.08. FNMA,FHLMC,FHA,VA Mortgages 13.09. FHA/VA Approval 13.10. Additional FHA Provisions 13.11. Compliance with FHA/VA,FHLMC or FNMA Requirements 13.12. Waivers 13.13. Conflicts SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS 14.1 SECTION 15: AMENDMENTS 15.1 15.01. Prior to First Conveyance 15.02. After First Conveyance 15.03. Recordation 15.04. Unanimous Consent for Specific Amendments 15.05. FHA Requirements SECTION 16: ARCHITECTURAL CONTROL 16.1 16.01. General Limitation 16.02. Exemptions 16.03. Architectural Control Committee 16.04. Committee Approval Process—Approval Application 16.05. Review and Approval 16.06. Commencement, Completion of Approved Work 16.07. Inspection,Non-Compliance 16.08. Waiver 16.09. Estoppel Certificate 16.10. Liability SECTION 17: GENERAL PROVISIONS 17.1 17.01. Term 17.02. Owners'Compliance 17.03. Notices 17.04. Notice of Transfer 17.05. Delivery of Project Documents to Transferee 17.06. Easements Reserved and Granted 17.07. Termination of Any Responsibility of Declarant 17.08. Mergers and Consolidations 17.09. Limitations of Restrictions on Declarant 17.10. Successor 17.11. Severability 17.12. Estoppel Certificate 17.13. Conflict with Project Documents 17.14. Headings Table of Contents -4- SECTION 18: DISCLOSURES 18.01. No Representation or Warranties 18.1 EXHIBIT A: DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION Table of Contents -5 - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 213 W. RINCON AVENUE THIS DECLARATION is made on the date hereinafter set forth by MZA LLC, a California Limited Liability Company(herein referred to as "Declarant"). SECTION 1 RECITALS 1.01. Description of Real Prone. Declarant is the owner of that certain real property in the City of Campbell, County of Santa Clara, State of California, which is more particularly described on Exhibit"A" attached hereto and incorporated herein. 1.02. Single Phase. Declarant has improved or intends to improve the Project by subdividing and constructing it into five residential Lots improved with dwellings and one common .area Lot with improvements ("Common Area"). 1.03. Ownership Interests. Each owner shall receive fee title to his/her Lot and a membership in 213 W. Ricon Avenue Owners' Association, which shall hold title to the Common Area, a non-exclusive easement for use, enjoyment, ingress and egress over the Common Area, and such other interests as are provided herein. 1.04. Common Plan for Project. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, maintenance, restoration and improvement of the Project and interests therein conveyed and to establish thereon a Planned Development. NOW, THEREFORE, Declarant hereby declares that the real property described on Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved,subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for.improvement of the Property and the division thereof into Lots. Pursuant to California Civil Code Sections 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project. 1.1 SECTION 2: DEFINITIONS In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "Architectural Control Committee" or "Committee" shall mean the committee created pursuant to the Section or Subsection below entitled "Architectural Control" and which is charged with architectural approval and control of the Improvements within the Property. 2.02. "Architectural Control Guidelines" or "Guidelines" shall mean the written architectural review standards, if any, promulgated by the Architectural Control Committee as provided in the Section or Subsection below entitled"Architectural Control". 2.03. "Articles" shall mean the Articles of Incorporation of 213 W. Rincon Avenue Owners' Association and any amendments thereto. 2.04. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Lot Owner as determined by the Association. 2.05. "Association" shall mean the 213 W. Rincon Avenue Owners' Association, a California non-profit mutual benefit corporation, the members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.06. "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Common Area, which may be adopted by the Board from time to time. 2.07. "Board" or"Board of Directors" shall mean the governing body of the Association. 2.08. "Bylaws" shall mean the Bylaws of the Association, as amended from time to time. 2.09. "City" shall mean the City of Campbell, California, the City in which the Property is located. 2.10. "Common Area" means all real property owned by the Association for the common use and enjoyment of the Owners and shall include, upon conveyance to the Association, the plot of land designated Lot 6, on the Map, and any other Plot of land which may be conveyed to the Association. The Common Area includes all Exclusive Use Common Areas as hereinafter defined. 2.11. "Common Expenses" shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as-found and determined by the Board and all sums designated Common Expenses by or pursuant to the Project Documents. 2.12. "Conditions of Approval" shall mean those certain conditions imposed by the City of Campbell,Resolution No. dated ,2004. 2.13. "County" shall mean the County of Santa Clara, California, the County in which the Project is located. 2.1 2.14. "Declarant" shall mean M�A LLC, a California Limited Liability Company, its successors and assigns, if such successors and assign are assigned the rights of Declarant pursuant to Section 16.10 hereof or if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.15. "Declaration" shall mean this Declaration, and any amendments, modifications or supplements thereto. 2.16. -"Eligible First Mortgagee" shall mean a First Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and the Lot number or address of the Lot it has the mortgage on. 2.17. "Exclusive Use Common Area" shall mean that portion of the Common Area designated for the exclusive use of one or more, but fewer than all, of the owners of separate Lots and which is or will be appurtenant to the separate Lots. 2.18. "Final Public Report" shall mean the final public report issued by the California Department of Real Estate or any successor state agency pursuant to the California Subdivided Lands Act (Business&Professions Code Section 11000, et seq.), as it may be amended from time to time. 119. "Improvements" shall mean all structures and improvements on the Project, including, but not limited to,buildings,paving, fences,signs and landscaping. 2.20. "Lot" shall mean any parcel of land shown on the Map, with the exception of the Common Area. 2.21. "Map" shall mean that subdivision map entitled 213 W. Rincon Avenue", which Map recorded 2004, in Book of Maps, Page of the Official Records of County. Said Map is also described in Exhibit"A" of this Declaration. 2.22. "Member" shall mean a person or entity holding a membership in the Association as provided herein. Each Owner or Co-Owner of a Lot shall be a member. 2.23. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. "First Mortgage" or "First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same Lot or other portion of the Project. A "First Mortgagee" shall include any holder (including FHLMC and FNMA), insurer (including FHA), or guarantor (including VA) of a First Mortgage on a Lot or other portion of the Project. "FHA" shall`mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VA" shall mean the United States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the Project Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. 2.24. "Owner" or "Owners" shall mean the record holder or holders of title, if more than one,to any Lot in the Project. This shall not include contract sellers or persons or entities having any interest 2.2 merely as security for the performance of an obligation. If a Lot is sold under a recorded contract of sale(or a recorded memorandum of such contract),the purchaser, rather than the fee Owner, shall be considered the "Owner". 2.25. "Party Wall" means any Improvements that is constructed on the Property line of any two adjoining Lots, a portion of which is located on each of the two adjoining Lots. 2.26. "Project Documents" shall mean and include this Declaration as amended from time to time,the exhibits, if any attached hereto,together with the other basic documents used to create and govern the Project, including the Map,Articles,Bylaws, and Rules and Regulations of the Association. 2.27. "Property", "Properties" or "Project" shall mean the entire real property described on Exhibit"A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.28. "Quorum" shall mean a majority of those entitled to act, except in the case of a quorum necessary for the imposition of regular and special assessments set forth in Section 8. 2.29. "Separate Interest" shall mean a Lot. 2.30. "Subdivided Property" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.31. "Subdivider" shall mean the Declarant. 2.32. "Unit" shall mean a dwelling structure on a Lot. 2.3 SECTION 3: PROPERTY RIGHTS 3.01. Common Area. The Common Area shall be owned by the Association for the use and benefit of the Members. It shall be conveyed to the Association free of money encumbrances prior- to or concurrently with the close of escrow of the sale of the first Lot. The Common Area shall be maintained by the Association as provided in Section 5.01. When the Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically reserved over the Common Area in favor of Declarant for common driveway purposes, drainage and encroachment purposes and for ingress and egress from the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. 3.02. Exclusive Use Common Areas. The following described portions of the Common Area referred to as the "Exclusive Use Common Areas" are hereby set aside and allocated for the exclusive use of the Owner of the Lot to which they are adjacent or appurtenant to: Any driveways, walkways and non- enclosed landscaped areas appurtenant to each Lot. 3.03. Partition Prohibited. The Common Area shall remain undivided as set forth above. Except as provided by California Civil Code Section 1359, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Lot is prohibited. 3.04. . Annexation of Additional Property. Additional Property may be annexed to and become subject to this Declaration by the following method set forth in this Section. Upon annexation, additional parcels shall become subject to this Declaration without the necessity of amending individual sections thereof. a) Annexation Pursuant to Approval. Upon approval in writing of the Association, pursuant to vote or written consent of 66-2/3% of the total votes residing in Members other than the Declarant, the Association and the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Declaration of Annexation. Said Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added Property, as are consistent with the scheme of this Declaration. Said Declaration shall include designation of Lots and/or Common Areas for the purpose of this Declaration. . b) F,ffect of Annexation. Assessments collected from Owners in the Property may be expended by the Association without regard to the particular phase from which such assessments came. All Owners shall have ingress and egress to all portions of the Common Area throughout the Property, subject to the provisions of this Declaration,the Bylaws and the Association Rules in effect from time to time. c) Quality of Construction. Future improvements to the Project shall.be consistent with the initial improvements in terms of materials used and quality of construction. 3.1 3.05. Easements. In addition to any and all other easements contained in this Declaration, the Properties shall be subject to the following easements: a) Owners' Fasements. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area, including ingress and egress to and from his/her Lot. However, such nonexclusive easements shall be subordinate to, and shall not interfere with, exclusive easements over the Exclusive Use Common Area, if any. Each such nonexclusive easement shall be appurtenant to and shall pass with the title to the Lot, subject to the following provisions: i) Section 9 of this Declaration authorizes the Board to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the governing instruments,provided that the established procedures are followed for notice and hearing which satisfy the minimum requirements of Corporations Code Section 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Section 12 of the Bylaws. ii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the Members agreeing to such dedication and the transfer has been recorded, provided, however,that no such dedication shall impair the ingress to and egress from any individual Lot. b) Future Exclusive Use Common Arens. The Association may grant an Owner an easement on the Common Area adjacent to the Owner's Lot for the purpose of maintaining a fenced patio area, air conditioning and heating units, a fireplace structure and any other amenity or utility appurtenant to the use of the Lot. c) . F,asements for i hilifi s and Maintenance. Easements over and under the Project for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways and landscaping as shown on the Map, and as may be hereafter required or needed to service the Project, or any annexable Property thereto, are hereby reserved by Declarant and its successors and assigns, including the Association and all utility companies which serve the Project, together with the right to grant and transfer the same. d) Encroachment F.as .m .nts. Each Lot within the Project is hereby declared to have an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the building, or any other .cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots or Common Area due to minor engineering errors, minor errors in construction,or settlement or shifting of the building, shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. 3.2 e) Entry for Repairs. The Board may authorize its agents and employees to enter upon any Lot and/or Exclusive Use Common Area, if any, when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible,to effect emergency repairs or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration. Such entry shall be made with as little inconvenience to the Owner as reasonably practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in case of an emergency, 24 hour advance notice shall be given to the Owner or occupant. f) Association Easement for Front Yard Maintenance. The term "front yard area" herein shall mean and refer to that portion of each Lot which would commonly be referred to as a front yard or side yard. Front yard area shall not include those portions of a Lot which are covered by structural improvements or which are enclosed for the private use of an Owner but shall include any entry walkways. The precise area of each Lot which constitutes front yard area shall be determined by actual location of the Unit and any fence improvements constructed thereon. The Association shall have an easement in and across every front yard area within the Project for the purpose of planting, replanting, watering, cutting, removing or otherwise caring for the landscaping and entry walkways in the front yard area of each Lot as may be reasonably necessary to perform its obligations under this Declaration. 3.06. Owners Easement for Party Wall. Each attached Lot that shares a Party Wall with an adjoining Lot and its Owner is declared to have an easement appurtenant, and the same is granted by Declarant, on, over, and upon such adjoining Lot for such Party Wall, including the right to enter such adjoining Lot to service and maintain such Party Wall and to service, maintain, repair, or replace the improvements constituting such Party Wall. Such entry shall be at reasonable times after prior notice, except that in case of emergency the right of entry shall be immediate. No Owner shall alter the shape, size, or construction or use any materials different from those used in the initial construction of any such Party Wall without the written consent of the Association. 3.07. Paa Walls. The following provisions shall apply with regard to Party Walls in this development: a) General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding Party Walls and liability for Property damage due to negligence or willful acts or omissions shall apply thereto. b) Sharing f Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners on each side of the Party Wall. c) D .stri.t�y Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty,the Owner on either side of it may restore it,and the other Owner shall contribute one- half of the cost of restoration, without prejudice however,to the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. d) Weatherproofing. Notwithstanding any other provision of this Section, an Owner who by his/her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 3.3 e) Right to C;ontrihution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. f) Arbitration. If any dispute arises concerning a Party Wall, or under the provisions of this Section, each party shall'choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators. 3.08. Provisions Restricting Delegation of Ilse. Any Owner may delegate his/her rights of use and enjoyment of the Project, including any recreational facilities, to the members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however,to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, members of the Owner's family, guests, tenants, employees, and invitees shall not be entitled to use and enjoy any of such rights in the Project, including the recreational facilities, while the Owner's Lot is sold to a contract purchaser or rented to tenants. Instead,the contract purchaser or tenants, while occupying such Lot, shall be entitled to use and enjoy such rights, including the recreational facilities, and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Lot. Each Owner, contract purchaser or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Owner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such person bears to the Owner, contract purchaser or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owners for payment of assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Lot shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. 3.4 SECTION 4-T ISE RFSTRTC'TIONS 4.01. Use of Tots. No Lot, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declarant, its successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until three years from the date of closing of the first sale of a Lot in the Project,whichever occurs first. The provisions of this section shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a dwelling, are permitted by local law, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.02. Garages. Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. Garage doors shall be kept closed when not in use. Each Owner shall be entitled to the exclusive use of the driveway serving his/her garage and shall keep said driveway clean and free of debris. 4.03. Parking and Vehicle Restrictions. a) All driveways and garages shall be maintained in a neat and orderly condition and garage doors shall be kept in a closed position except as necessary to permit ingress and egress of vehicles or to clean or work in the garage area. Garages are to be used for the parking of a minimum of two standard passenger vehicles and trucks not to exceed three-quarter tons in load capacity, boats or the storage of items of personal property so long as such storage of personal property will not necessitate or result in the parking of any vehicle on streets or regularly on driveways within the Properties. Furthermore, garages shall not be converted to living quarters or workshops which will preclude the parking of vehicles. b) No vehicle shall be parked or left on any street except within specified parking areas so designated by the Board. c) No motor vehicle shall be constructed, reconstructed or repaired within the Properties, except within an enclosed garage and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however, that the provisions of this subparagraph c)shall not apply to emergency vehicle repairs. d) Campers, boats, trailers and trucks shall only be parked entirely within an Owner's garage so long as such storage will not necessitate or restrict in the parking of any vehicle on streets or regularly on driveways within the Properties approved as to location, screening and design by the Architectural Control Committee. e) Commercial trucks and vehicles that bear signage on the exterior shall not be parked within the Properties, except for purposes of loading or unloading and then for periods not in excess of four hours. This restriction shall not apply to commercial vehicles involved in construction activities on a� Lot or vehicles owned and operated by persons providing services to a Lot or Unit (during the time when the services are being rendered). 4.1 f) The Board shall have the authority to promulgate as part of the Association's rules such further rules and restrictions regarding parking and vehicles within the Properties as may be deemed prudent and appropriate. 4.04. Rnrnin . There shall be no exterior fires whatsoever except barbecue fires located only upon Lots and the Common Area,and contained within receptacles designed for such purpose. No Owner or resident shall permit any condition to exist on his or her Lot, including, without limitation, trash piles, or weeds,which create a fire hazard or is in violation of local fire regulations. 4.05. Signs. No sign of any kind shall be displayed to the public view on or from any Lot or any portion of the Project without the approval of the Association,except as follows: a) One sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from a Lot; or, b) Such signs as may be used by Declarant or its assignees in connection with the development of the Project and sale of Lots;or, c) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. 4.06. Animals. No animals, reptiles,rodents,birds, fish, livestock or poultry shall be raised,bred or kept on any Lot or portion of the Project; except that no more than two usual and ordinary household pets such as dogs, cats, fish or birds may be kept, provided that they are not kept, bred or maintained for any commercial purposes, and they are kept under reasonable control at all times. This provision shall not apply to aquarium type fish. Notwithstanding the foregoing, no pets may be kept on the Project which result in an annoyance or nuisance to other Owners. No pets shall be allowed on the Common Area except as may be permitted by Association Rules.No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portion of the Common Area. The Association can prohibit the keeping of any animal that, in the sole and exclusive opinion of the Board,constitutes a nuisance to any other Owner. 4.07. Trash and Storage of Materials. All garbage and trash shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot except for a reasonable time prior to or after collection. All woodpiles or storage piles shall be kept screened and concealed from view of other Lots, streets and Common Areas. Garbage and trash shall be placed for pick up as required by the disposal service and the Association Rules. 4.08. Television or Radio F.quinm ent. No television, video or radio poles, antennae, satellite dishes, cables or other transmission and/or reception fixtures or personal property (individually and collectively the"Antenna Equipment")shall be installed or maintained on any Lot except as follows: a) Authorized Antenna Requirements. Owners are prohibited from installing any antennae on the exterior of a Unit for any purpose except for an "Authorized Antenna"which may be installed so long as the proposed location for such installation is reviewed by the Architectural Control Committee before installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Control Committee may require 4.2 that the location of the Authorized Antenna be moved so long as such review by the Architectural Control Committee does not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. b) Authorized Antenna Defined. An "Authorized Antenna" means (i) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (iii) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii), and(iii)above. c) Additional Restrictions. The Association may adopt additional restrictions on installation or use of Authorized Antenna on an Owner's Lot as part of the Association's rules and regulations so long as such restrictions do not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers, agents or employees of the Association and other Owners, or for any other safety-related reason established by the Association. Nothing herein shall be construed to restrict in any manner the Board's right to authorize a cable television franchisee or other provider of similar services to provide cable television, radio or other similar services to the Project. 4.09. Right to Tease. No Owner shall be permitted to lease or rent his/her Lot for transient or hotel purposes, which shall include, but not be limited to, rental for any period less than 30 days. All leases must be in writing and be expressly subject to the Project Documents and the Association Rules, and the breach of any provision shall be a default under the lease or rental agreement. Subject to the foregoing restrictions,the Owners of Lots shall have the right to lease the same, provided that the Board is notified of the name of the tenant and the duration of the lease. The Owner shall provide the Lessee with a copy of the Articles,Bylaws, Declaration and any Association Rules. 4.10. Window Coverings. Windows shall be covered by drapes, shades or interior shutters and shall not be painted or covered by foil, cardboard or similar materials. All window coverings visible from the Common Area shall be of a material, design and color which, in the opinion of the Board, is compatible with the exterior design and coloration of adjacent portions of the Project. 4.11. Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible from any street or neighboring Lot.- Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept,stored or operated on any balcony,patio,porch or other exterior area. 4.3 4.12. Drainage. No Owner-shall do any act or construct any improvement which would interfere with the natural or established drainage systems or patterns within the Project without the approval of the Board. 4.13. Liability of Owner-, for Damage to Common Area. The Owner of each Unit shall be liable to the Association for all damages to the Common Area and/or Improvements thereon caused by such Owner, or any occupant of his/her Lot or guest, or any pet of such Owner, occupant of his/her Unit or guest, except for that portion of said damage, if any, fully covered by insurance of the Association. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board. 4.14. Sports Fixtures. No fixed basketball standards or fixed sports apparatus shall be attached to any Unit or garage or erected on any Lot or within the Common Area, unless the location of the standard or other sports fixture has been approved by the Board. When portable basketball standards are not in use, they shall be stored out of view. The Committee shall have the right to alter this provision at its discretion and without an Amendment to this Declaration. 4.15. Nnisances. No noxious;illegal or offensive activities shall be carried on within any Lot, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Owner's Lot or Common Area, or which would in any way increase the rate of insurance for the Project or for any Lot, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which would impair the structural integrity of any building. 4.16. Compliance with Project Document-.;. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Project Documents and Association Rules. 4.17. Srnmd Transmissions. No Lot shall be altered in any manner that would increase sound transmissions.or reverberations to any adjoining or other Lot, including, but not limited to,the replacement, modification, or penetration of any flooring or floor covering, ceiling, or-wall that_increases sound transmissions or reverberations to any other Lot. 4.4 SECTION 5- MAINTENANCE ORLIGATTONS 5.01. Association Maintenance Obligation.-;. The Association shall be responsible for maintaining the following in good condition and repair: a) Common Area Improvements. The Association shall maintain or provide for the maintenance of all Common Area improvements, including but not limited to, common access driveway, on- site sewer lines, parking spaces, landscaping, and any utility buildings and utility laterals located within the Common Area. The Association shall also be responsible for major repair of any driveways located on the Common Area serving the individual Lots. Lot Owners shall be responsible for the maintenance of said driveways. b) Landscaning. The Association shall provide gardening services for all the landscaping within the Common Area and the open areas of individual Lots up to the exterior walls or fences of the Lots. The sprinkling systems originally installed on the Common Area in connection with the landscaping improvements shall also be operated and maintained by the Association. c) Exterior Painting. In order to preserve the exterior harmony and appearance of the Project, the Association shall perform all painting and/or staining of the exterior wall surfaces and exterior trim of each Lot and shall repair, repaint or restain the fences and/or walls within the Project. d) Roofs. The Association shall repair and replace the roof of each Lot and garage, as needed. e) Gutters and Downspouts. All gutters and downspouts shall be maintained and replaced as necessary by the Association. f) Fences and Walls. All fences and Walls shall be maintained and replaced as necessary by the Association except any fence separating Lots which are not visible from the Common Area. g) Dnrnnge by the Presence of Wood-Destroying Pests. The Association shall bear the costs of repair and maintenance of Common Area and Units damaged by the presence of wood-destroying pests or organisms,and may in turn levy a special assessment to recover such costs. i) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the Association shall be borne by the Owner of the separate interest affected. ii) a) The Association may cause the temporary, summary removal of any occupant for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms. b) The Association shall give notice of the need to temporarily vacate a separate interest to the occupants and to the Owners, not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation,the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. 5.1 c) Notice by the Association shall be deemed complete upon either: (1) Personal delivery of a copy of the notice to the occupants, and sending a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association; or, (2) By sending a copy of the notice to the occupants at the separate interest address and a copy of the notice to the Owners, if different than the occupants, by first-class mail,postage prepaid, at the most current address shown on the books of the Association. (3) For purposes of this section, "occupant" means an Owner, resident, guest, invitee,tenant, lessee,sublessee, or other person in possession of the separate interest. If any of the maintenance or repair work referred to above is necessitated by the willful or negligent acts of the Owner, his/her family, guests or invitees,the costs of such special restoration or repairs shall be chargeable to the Owner as provided in Section 8. 5.02. Owners' Maintenance Obligation,,;. Except for the landscaping and limited exterior maintenance to be performed by the Association as specified above, each Owner shall be responsible for maintaining his/her Lot and Unit including all Improvements and landscaping thereon, in good condition and repair, including specifically: a) Doors. Each Owner shall maintain and repair or replace the entryway door(s) to his/her Lot, provided that any painting or staining shall be in the same color as originally used unless a different color has been approved by the Board. b) (;lass. All windows and sliding glass doors shall be cleaned (outside as well as inside),repaired and replaced by the individual Owners. c) Appliances and Equipment. Each Owner shall be responsible for maintaining, repairing and replacing all appliances within his/her Lot, including air conditioning and heating equipment, water heaters, plumbing and lighting fixtures, or other mechanical equipment servicing his/her particular Lot. d) Thilify Connections. Utility lines and connections, including sewer, electrical, plumbing and gas lines, which are located within a Lot and provide service to the'Lot, shall be maintained and repaired by the Owner of the Lot in question and/or the utility company involved, rather than by the Association. e) Private Patios, becks and Yarns. Subject to any restrictions on planting and grading contained elsewhere in this Declaration, each Owner shall plant, landscape and maintain the patio spaces,decks and yards which are enclosed for private use as part of his/her individual residence area. f) Interior. Each Owner shall maintain the interior of his/her residence and shall be entirely responsible for the painting, decorating, cleaning and maintenance thereof, including all personal property and fixtures therein. 5.2 g) Fences. Any fence which separates the rear or side yard of two Lots which is not visible from the Common Area shall be jointly maintained and replaced by the two Lot Owners sharing said fence. 5.3 SECTION 6- ASSOCIATION, ADMINISTRATION,MEMBERSM AND VOTING 6.01. Association to Manage Prajes . The management of the Project shall be vested in the Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project. 6.02. Membership.. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time that Owner's membership in the Association shall automatically cease. 6.03. Transferred Memhershin. Membership in the Association shall not be transferred, pledged or alienated in any way, except.upon the sale or encumbrance of the Lot to which it is appurtenant,and then only to the purchaser in the case of a sale, or Mortgagee in the case of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Any person or entity acquiring fee title or equitable title to a Lot, whether by reason of a deed from the Owner or through foreclosure, shall within 15 days of acquiring such title, inform the Association in writing of the date such title transferred and the name or names in which title is held. 6.04. Classes of Membership and Voting. The Association shall have two classes of voting Members, however, voting rights attributable to Units shall not vest until assessments against those Units have been levied against the Association. Mass—A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, which shall be entitled to three votes for each Lot owned. 6.05. Termination of Class B Memhershin. The Class B membership shall be irreversibly converted to Class A membership upon the occurrence of whichever of the following is first in time: a) When the total outstanding votes held by Class A Members equal the total outstanding votes held by the Class B Member, or, b) The second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. 6.06. Approval of Members Other Than Declarant. With the exception of actions authorized for the Enforcement of Bonded Obligations, no action which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant shall preclude the Declarant from casting votes attributable to subdivision interests which it owns. Where a two class voting structure is in effect,any action requiring the approval by the vote or written assent of a prescribed majority of the Class A voting power shall also require the vote or written assent of a bare majority of the Class B voting power. 6.1 Where a single class voting structure exists, after the conversion of Class B to Class A membership, approval of any action by the vote or written assent of a prescribed majority of the total voting power of Owners other than the Declarant shall also require the approval by vote or written assent of a bare majority of the total voting power of the Association. 6.07. Inspection of Books. All Members shall have reasonable access to inspect the books, records and financial statements of the Association, including annual audited financial statements, when such are prepared pursuant to this Declaration and subject to the same. 6.08. Commencement of Voting Rights. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 6.09. Co-Owner Votes. The vote for each Lot may not be cast on a fractional basis. If the Co-Owners of a Lot are unable to agree among themselves as to how their vote shall be cast, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he/she was acting with the authority and consent of all other Owners of the same Lot. If more than one Co-Owner exercises the vote for a particular Lot,their votes shall not be counted and shall be deemed void. 6.10. Membership Meetin�as. Regular and special meetings of Members and of the Board shall be held with the frequency and at the time and place and in accordance with the provisions of the Bylaws. 6.11. Notice and Place of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days but not more than 90 days before such meeting to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting,the purpose of the meeting. Meetings shall be held within the Project or at a meeting place as close thereto as reasonably possible. 6.12. Board of Directors. The affairs of the Association shall be managed by a Board of Directors, which shall be established and which shall conduct regular and special meetings, according to the provisions of the Bylaws. 6.2 SECTION 7- POWERS.DUTIES AND T 1MITATION4 OF THE ASSOCIATION 7.01. Powers and Duties of Association. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereof, the Association and the Board shall have the following powers and duties: a) Delegation of Powers. To delegate powers to committees, officers or employees of the Association as expressly authorized by the Project Documents. b) Management Agent. To employ a management agent and to contract with independent contractors to perform any,part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a managing agent or any other contract providing for services of the developer, sponsor or builder shall not exceed a 1 year term renewable by the parties for successive one year periods and shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association, to terminate the same for cause on 30 days written notice, and either party may terminate without cause and without payment of a termination fee on 60 days written notice. c) Maintenance. To maintain the Project as required by the provisions of this Declaration. d) Supervision. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. e) Assessments, Liens and Fines. To levy and collect assessments and as provided in the Project Documents, impose fines or take disciplinary action against an Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights or rights to use of the facilities on the Common Area, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and hearing procedures shall satisfy the minimum requirements of Corporations Code Section 7341. f) Enforcement of Project Document.-;. To enforce applicable provisions of the Project Documents for the ownership, management and control of the Project. g) Adoption of Rules. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Project. h) Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by 5% or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names, addresses and classes of membership. 7.1 i) Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary for the Common Area. j) Granting of Easements. To grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. k) Exercise of Easements. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the maintenance authorized herein or for any other purpose reasonably related to the performance by the Association, the Association's agents or employees, or the Board of their responsibilities. 1) Contracts. To contract for goods and/or services for the Common Area facilities and interests or for the Association,subject to limitations elsewhere set forth in the Project Documents. m) Limit Number of Guests. To limit the number of an Owner's guests who may use any facilities on the Common Area. n) Title to Common Area. To accept title to the Common Area conveyed to it by Declarant. o) Acquisition of ProTneiU. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. p) Budget-,;. To prepare budgets and financial statements for the Association as prescribed in this Declaration. q) Legal and Accounting. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the maintenance and operation of the Project and the enforcement of the Project Documents. r) Emergency Rg2air. To enter upon any privately owned Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. s) Election of the Officers of the Board. To elect the Officers of the Board. t) Filling Vacancies. To fill vacancies on the Board created by the removal of a Board Member. 7.02. Property Taxes and Assessments. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal property. To the extent not assessed to or paid directly by the Owners,the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Common Area or other Property owned by the Association. 7.2 The Association shall prepare and file annual tax returns with the Federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax liability of the Association. 7.03. Insurance. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. 7.04. Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Owners responsible for the existence of said lien. 7.05. Payment of'Expenses. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. 7.06. Prohibited Acts. The Association,through its Board, shall be prohibited from taking any of the following actions, except with the vote or written assent by vote at a meeting of the Association or by written ballot without a meeting pursuant to Corporations Code Section 7513, of a simple majority of the voting power of the Association residing in Members other than the Declarant, constituting a quorum consisting of more than fifty percent (50%) of the voting power of the Association residing in Members other than the Declarant: a) Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptions: i) A management contract,the terms of which have been approved in writing by the Federal Housing Administration or the Department of Veterans Affairs; ii) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; iii) Prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured; iv) Agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of 10% or more; v) Agreements for sale or lease of burglar alarm and/or fire alarm equipment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of 10%or more;or, vi) A contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety days written notice of termination to the other party. 7.3 b) Incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of 5%of the budgeted gross expenses of the Association for that fiscal year; c) Selling during any fiscal year property of the Association having an aggregate fair market value greater than 5%of the budgeted gross expenses of the Association for that fiscal year; d) Paying compensation to Members of the Board or to officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or, e) Filling of a vacancy on the Board created by the removal of a Director. 7.07. Action Requiring C'.oment. The Board shall take the following actions only upon obtaining the consent of Members as follows: a) The Consent of two-thirds of the voting power of the Association residing in Members other than the Declarant so long as the Declarant holds or directly controls at least 25% of the voting power of the Association, and after the Declarant no longer controls 25% or more, the consent of two-thirds of the total voting power of all Members shall be necessary to do the following: i) Borrow money, and only with the assent (by vote or written consent) of two-thirds (2/3)of Members,mortgage,pledge,deed in trust,or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; ii) Dedicate, sell or transfer all of or any part of any interest it may have in the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3)of the Members agreeing to such dedication, sale or transfer, and any sale of all or substantially all of the Association's assets must be in compliance with Section 7.07(b) below; or, iii) Participate in mergers and consolidations with other non-profit corporations organized for the same purpose or annex additional residential property, provided that any merger, consolidation or such annexation shall have the assent by vote of two-thirds (2/3) of Members or by the written consent of such Members, excluding Declarant. b) The consent of 100% of the Members shall be required so long as there is any Lot, parcel, area, apartment or Unit for which the Association is obligated to provide management, maintenance, preservation or control for the Association to do the following: i) Transfer all or substantially all of its assets; or, ii) File a certificate of dissolution. 7.08. Disputes Regarding Damage To Prope4. Not later that thirty days prior to the filing of any civil action by the Association against the Declarant or Successor of the Project for alleged damage to Common Area or alleged damage to a Unit that arises out of, or is integrally related, to damage to the 7.4 Common Area, the Board shall provide written notice to each Member who appears on the records of the Association at the time notice is given, specifying (a) that a meeting of Members will be held to discuss problems that may lead to the filing of a civil action, (b) the options, including civil actions, that are available to address the problems, and (c) the time and place of the meeting. If the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Association may give the foregoing notice not later than thirty days after the filing of the action. 7.09. Dispute ResoIntion. Any disputes between all or any of the Association, Owner(s), the Declarant, or any director, officer, partner, employer, contractor, design professional, consultant, subcontractor or agent of the Declarant (collectively "Declarant Parties"), arising under this Declaration or relating to the Properties, shall be subject to the following provisions of this Section 7.09 and the following Sections: 7.10, 7.11, 7.12. 7.10. Construction Defect Dis in tes. 7.10.1. Notice of Construction Claim-, Statute. California Civil Code 895 et seq., as hereafter amended ("Construction Claims Statute"), delineates standards for how various components of Units should be constructed and function, limits the time frames for bringing various claims against the Declarant to anywhere from one year to ten years (as listed in the Construction Claims Statute) from the close of escrow for the Unit, imposes an obligation on all Owner's to follow Declarant's maintenance recommendations and schedules, or other applicable maintenance guidelines, and establishes a non- adversarial claims resolution procedure that must be followed by an Owner before the Owner can initiate an adversarial claim and proceed to Judicial Reference or Binding Arbitration, as described below. THE CONSTRUCTION CLAIMS STATUTE AFFECTS EACH OWNER'S LEGAL RIGHTS. OWNERS ARE ADVISED TO READ THE STATUTE CAREFULLY AND SEEK LEGAL ADVICE IF OWNER HAS ANY QUESTIONS REGARDING ITS AFFECT ON OWNER'S LEGAL RIGHTS. PURSUANT TO CALIFORNIA CIVIL CODE SECTION 914, DECLARANT IS PERMITTED TO ELECT TO USE ALTERNATE CONTRACTUAL NON-ADVERSARIAL PROCEDURES INSTEAD OF USING THE STATUTORY PRE-LITIGATION PROCEDURES PROVIDED IN THE CONSTRUCTION CLAIMS STATUTE,AND DECLARANT HAS ELECTED TO DO SO. 7.10.2 Owners' Construction Defect Claims. Prior to the commencement of any legal proceeding by any Owner against Declarant or any Successor thereto based upon a claim for defects in the design or construction of any Unit, Common Area, or any Improvements thereon, the Owner must first comply with the provisions of this paragraph. If at any time during the ten year period following the close of escrow for the original Owner's purchase of such Owner's Unit from Declarant, as such period may be extended by any applicable tolling statute or provision, or any shorter period as provided by applicable law, such Owner believes Declarant has violated any of the standards set forth in the Construction Claims Statute ("Claimed Defect"), which such Owner feels may be the responsibility of Declarant, such Owner shall promptly notify Declarant in writing. Such notice shall be deemed a notice of intention to commence a legal proceeding and shall include: (a) a detailed description of the Claimed Defect, (b) the date upon which the Claimed Defect was first discovered, and (c) dates and times when Owner or Owner's agent will be available during ordinary business hours, so that service calls or inspections by Declarant can be scheduled. Declarant shall, in its sole discretion, be entitled to inspect the applicable property regarding the reported Claimed Defect and, within its sole discretion, shall be entitled to cure such Claimed Defect. Nothing contained in this Section shall obligate Declarant to perform any such inspection or repair, nor shall this Section be deemed to increase Declarant's legal obligations to Owner. Owner's written notice delivered to Declarant shall be a condition precedent to 7.5 Owner's right to institute any legal proceeding and to proceed to Judicial Reference or Binding Arbitration as set forth below, and Owner shall not pursue any other remedies available to it, at law or otherwise, including without limitation the filing of any legal proceeding or action, until Declarant has had the reasonable opportunity to inspect and cure the Claimed Defect. During the term of any written Limited Warranty provided to the original Owner of the Unit by Declarant, any conflict between the provisions of this Section and the Limited Warranty shall be resolved in favor of the Limited Warranty. Declarant shall not be liable for any general, specific or consequential damage, cost, diminution in value or other loss which Owner may suffer as a result or any Claimed Defect in the Unit, which reasonably might have been avoided had the Owner given Declarant the notice and opportunity to cure as described above within a reasonable time of discovering the Claimed Defect. Except as otherwise provided in the written Limited Warranty, if any, provided to Owner, nothing contained herein shall establish any contractual duty or obligation on the part of Declarant to repair, replace or cure any Claimed Defect. If an Owner sells or otherwise transfers ownership of such Owner's Unit to any other person during such ten year period, as such period may be extended by an applicable tolling statute or provision, Owner covenants and agrees to give such other person written notice of these procedures by personal delivery. Owner's continuing obligation under this covenant shall be binding upon Owner and Owner's successors and assigns. a) All Owners who originally purchased a Unit from Declarant were provided copies of certain documents through escrow in conjunction with the purchase of the Unit, including copies of this Declaration, maintenance recommendations from Declarant, maintenance recommendations for manufactured products or appliances included with the Unit, a limited warranty, claim forms, and other documentation relating to the Construction Claims Statute. All Owners are required by the Construction Claims Statute to retain these documents and provide copies of such documents to Owner's successors in interest upon the sale or transfer of such Owner's Unit. b) All Owners are obligated by Section 907 of the Construction Claims Statute to follow Declarant's maintenance recommendations and schedules, including the maintenance recommendations and schedules for manufactured products and appliances provided with the Property, as well as all commonly accepted maintenance practices (collectively, "Maintenance Recommendations"). Per Section 945.5 of the Construction Claims Statute, failure to follow the Maintenance Recommendations may reduce or preclude Owner's right to recover damages relating to such Owner's Unit, which could have been prevented or mitigated had the Maintenance Recommendations been followed. 7.11. Association's Construction Defect Caaims. DECLARANT ELECTS TO USE THE ALTERNATIVE CONTRACTUAL NON-ADVERSARIAL PROCEDURES CONTAINED IN CIVIL CODE SECTION 1375, EXCEPT AS .OTHERWISE PROVIDED HEREIN, RATHER THAN THE STATUTORY PRE-LITIGATION PROCEDURES OF THE CONSTRUCTION CLAIMS STATUTE, WITH RESPECT TO CLAIMS BY THE ASSOCIATION. Prior to the commencement of any legal proceeding by the Association against Declarant or any Declarant Party based upon a claim for defects in design or construction of the Common Area, or any Improvements thereon, or any other area within the Project which the Association has standing to make a claim for defects in design or construction, the Association must first comply with all of the applicable requirements of Civil Code Section 1375, as the same may be amended from time to time, or any successor statute thereto. In addition to the requirements of said Section 1375, Declarant shall have an absolute right, but not an obligation, to repair any alleged defect or condition claimed by the Association to be in violation of the standards set forth in the Construction Claims Statute, within a reasonable period of time after completion of the inspection and 7.6 testing provided for in such Section-and prior to submission of a settlement offer under such Section. If the.parties to such dispute are unable°to resolve their dispute in accordance with the procedures established under Civil Code Section 1375, as the same may be amended from time to time, or any successor statute, the dispute shall be resolved in accordance with the Judicial Reference or Binding Arbitration provisions referenced below and the parties to the dispute shall each be responsible for their own attorneys' fees. The Association shall have the power to initiate claims against a Declarant Party for violations of Construction Claims Statute, as soon as the Association has one (1) Class A Member other than Declarant. Upon the written request of any Class A member to the Board of Directors, the Board shall establish a committee consisting exclusively of Class A Member(s) other than Declarant to investigate claimed violations of the standards of the Construction Claims Statute. Upon the committee's determination that cause exists to initiate a claim, the decision of whether to initiate a claim shall be made by a vote of the Class A members other than Declarant. A majority of the votes cast shall be deemed to be the decision of the Association, which the board shall carry out by submitting the necessary claim to Declarant or the appropriate Declarant Party; provided,however,that the vote is either conducted at a properly convened meeting with the requisite quorum in accordance with the provisions of the Bylaws relating to meetings and voting, or the vote was conducted without a meeting in accordance with California Corporations Code Section 7513,as authorized by the Bylaws. 7.12. Other Disputes involving Declarant. Any other disputes arising under this Declaration, or otherwise, between the Association or any Owner and Declarant or any Declarant Party (except for any action taken by the Association against Declarant for delinquent assessments and any action involving enforcement of any completion bonds) shall be resolved in accordance with the Alternate Dispute Resolution provisions provided below. 7.13. Alternative �lution Procedures. The following procedures provide for resolution of disputes through general judicial reference or, in the alternative, binding arbitration. In either event, Declarant; the Association and each Owner of a Unit within the Project, expressly acknowledge and accept that they are waiving their respective rights to a jury trial. 7.13.1. Judicial Reference. Subject to compliance with the provisions of all of the above Subsections to the extent applicable, it is the intention of Declarant that, except as otherwise expressly provided herein, any and all disputes, based upon which litigation is filed, shall be resolved by judicial reference under California law. Accordingly, except as otherwise expressly provided in this Declaration (such as the collection of delinquent assessments), any dispute, between the Association or any Owner(s) and the Declarant, or Successor, or between the Association and any Owner with respect to the interpretation of any of the provisions of this Declaration, or with respect to any alleged breach hereof,or with respect to any other claim related to a.Unit or the Common Area, including, without limitation, any alleged latent or patent construction or design defect in the Project, any Unit or any part thereof, any alleged violation of the standards set forth in the Construction Claims Statute, any judicial determination to be made under California Civil Code Section 1375(h), or for alleged damage to the Common Area,or alleged damage to Units that arises out of, or is integrally related to the Common Area shall be heard by a referee pursuant to the provisions of California Code of Civil Procedure Sections 638 through 645.1. Notwithstanding any other provision of this Declaration, this Article shall not be amended without the written consent of Declarant. In the event litigation is filed based upon any such dispute, the following shall apply: a)The proceeding;shall be brought and held in the County in which the Project is located, unless the parties agree to an alternative venue. 7.7 b) The parties shall use the procedures adopted by JAMS for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties). c) The referee must be a retired judge or a licensed. attorney with substantial experience in relevant real estate matters. d) The parties to the litigation shall.agree upon a single referee who shall have the power to try any and all of the issues raised, whether of fact or of law, which may be pertinent to the matters in dispute, and to issue a statement of decision thereon to the court. Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the reference services, or, if no entity is involved, by the court with appropriate jurisdiction in accordance with California Code of Civil. Procedure Sections 638 and 640. e) The referee shall be authorized to provide all remedies available in law or equity appropriate under the circumstances of the controversy. f) The referee may require one or more pre-hearing conferences. g) The 'parties shall be entitled to discovery, and the referee shall .oversee discovery and may enforce all discovery orders in the same manner as any trial court judge. h)A stenographic record of the trial shall be made. i) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable. j) The referee shall have the authority to rule on all post-hearing motions in the same manner as a trial judge. k) The parties shall promptly and diligently cooperate with each other and the referee and perform such acts, as may be necessary for an expeditious resolution of the dispute. 1) Except as otherwise agreed by the parties or as required by applicable law, neither the Association nor any Owner shall be required to pay any fee of the Judicial Reference proceeding except to the extent of the cost that would be imposed upon the Association or Owner if the dispute had been resolved as a dispute in court. The referee may not award against the Association or any Owner any expenses in excess of those that would be recoverable as costs if the dispute had been litigated to final judgment in court. Each party to the Judicial Reference proceeding shall bear its own attorney fees and costs in connection with such proceeding. m) The statement of decision of the referee upon all of the issues considered by the referee shall be binding upon the.parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk,judgment may be entered thereon. The decision of the referee shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action that may be brought by any of the parties. 7.8 7.13.2. Binding Arbitration of Dispute-,,;.,tec. If for any reason the Judicial Reference procedures above are legally unavailable or unenforceable at the time a dispute would otherwise be referred to judicial reference, then such dispute shall be submitted to binding arbitration under the rules and procedures in this Section. Any dispute submitted to binding arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Construction Industry Arbitration Rules in effect on the date of the submission. If such entity is not then in existence; then the dispute shall be submitted to JAMS, and administered in accordance with either the Streamlined Arbitration Rules and Procedures, or (if applicable) the Comprehensive Arbitration Rules of JAMS. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such dispute. If the claimed amount exceeds $250,000.00 or includes a demand for punitive damages, the dispute shall be heard and determined by three arbitrators. Otherwise, unless mutually agreed to by the parties, there shall be one arbitrator. Arbitrators shall have expertise in the area(s) of dispute, which may include legal expertise if legal issues are involved. All decisions concerning the arbitrability of any dispute shall be decided by the arbitrator(s). At the request of any party, the award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. a) Applicahili4 of Federal Arbitration A t. The Binding Arbitration procedures contained above are implemented for the Project in accordance with the philosophy and intent of the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) ("FAA"), which is designed to encourage the use of alternative methods of Dispute Resolution and avoid costly and potentially lengthy traditional court proceedings. The Binding Arbitration procedures in said Section are to be interpreted and enforced as authorized by the FAA. Parties interpreting this Section shall follow the federal court rulings, which provide among other things that: (1) the FAA is a congressional declaration of liberal federal policy favoring alternate dispute resolution notwithstanding substantive or procedural state policies or laws to the contrary; (2) alternate dispute resolution agreements are to be rigorously enforced by state courts; and (3) the scope of issues subject to alternate dispute resolution are to be interpreted in favor of alternate dispute resolution. 7.14. Dispute.,; Between the Association and Owner(s) or Between Owners Regarding Enforcement Of Project Documents. In the event of a dispute between the Association and an Owner, or between an Owner and another Owner, relating to the enforcement of the Project Documents of the Association, the parties shall comply with the provisions of California Civil Code Section 1354(b) through 0), prior to filing of any civil action. 7.15. Civil Code Sections 1369_4, 1375, 1375_05 and 1375 1. Nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code Sections 1368.4, 1375, 1375.05, or 1375.1. 7.16. Use of Damage Award Amounts. Any and all amounts awarded to a claimant on account of a claimed construction or design defect in the Project, or damage suffered as a result thereof, shall be expended by such claimant for the attorney fees and costs of the proceeding and the repair, rehabilitation, or remediation of the claimed defect or damage. 7.17. Miscellaneous. Nothing in this Section shall constitute a waiver of any of the benefits of the Statute of Limitations or equitable defense of any party. Furthermore, notwithstanding any other 7.9 provision of this Declaration, this Section may not be amended without the prior written consent of the Declarant. 7.18. Tnspection and Maintenance Guidelines. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the Common Area improvements and landscaping, including, but not limited to, foundations, building roofs, exteriors, gutters, down-spouts and down-spout connections, drainage, deck drains, decks, wall surfaces, trim, roofs, window caulking, utility equipment maintained by the Association, streets, parking areas, any and all recreational facilities, and the irrigation system. The Board periodically and at least once every two years, shall review and update the inspection and maintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 7.10 SECTION 8- ASSESSMENTS 8.01. Agreement to Pay; Personal Obligation. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: a) Regular Annual.Assessments; b) Special Assessments for capital improvements or unusual expenses to be .established and collected as hereinafter provided (Regular Assessments and Annual Assessments are for, convenience of reference collectively referred to as"Assessments"); and, c)Individual Charges levied against an individual Owner,to be established and collected as provided in this Declaration and in:the other Project Documents. All Assessments and Individual Charges,together with any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Individual Charges, shall be the obligation of the Owner of such Lot at the time when the Assessments or Individual Charges fell due. If more than.one person or entity was the Owner of a Lot at the time the Assessments or Individual Charges fell due, the obligation to pay each Assessment and Individual Charge shall be joint and several. The .obligation for delinquent Assessments and Individual Charges shall not pass to any transferee unless expressly assumed by him/her. No Owner may exempt him/herself from liability for his/her Assessments or Individual Charges obligation by waiver of the use or enjoyment of any of the Project. If an Owner has a dispute with the Association regarding an assessment levied by the Association,the Owner may pay the assessment under protest in accordance with the procedures set forth in Civil Code section 1366.3 or any successor statute thereto. 8.02. Pnrpose of Assessments. The .assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is authorized or obligated to perform as described in this Declaration. 8.03. Assessments. of Va6nnt Lots. Notwithstanding the foregoing, Declarant and any other Owner of a Lot which.does not include a structural improvement for human occupancy shall be exempt from the payment, of that portion of any Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and the use of the structural improvement. The exemption shall include,but shall not necessarily be limited to: a) Roof replacement;. b) Exterior maintenance; c) Walkway and parking area lighting; d) Refuse disposal; e) Cable television; f) Domestic water supplied to living units,and g) Front Yard landscape maintenance. Any exemption from the payment of assessments shall be in effect only until the earliest of the following events: a) A Notice of Completion of the structural improvements has been recorded; b) Occupation or use of the dwelling unit; or, 8.1 c) Completion of all elements of the residential structures which the Association is obliged to maintain. 8.04. Common Fa .flit; Assessment Exemption. The Declarant and any other Owner of a Lot may be exempted from the payment of that portion of any assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence. Any exemption from the payment of assessments shall be in effect only until the earlier of the following events: ; a) A Notice of Completion of the common facility has been recorded;or, b) The common facility has been placed into use. 8.05. Regular Annual Assessments and Special Assessm nts. The provisions of this subsection entitled "Regular Annual and Special Assessments" are intended to comply with Civil Code Sections 1366(a) and (b) in effect as of the date of recordation of this Declaration. If said Civil Code sections are -amended in any manner, the provisions of this subsection automatically shall be amended in the same manner, provided that if Civil Code Section 1366(b) is repealed and no successor statue is enacted with respect to restrictions on assessments, the provisions of this subsection shall remain in full force and effect. Civil Code sections 1366(a)and(b)may be amended by the State Legislature, and the Board should confirm the current statutory requirements. Regular Annual Assessments shall be payable in equal monthly installments, due on the first day of each month,unless the Board adopts some other basis for collection. Notwithstanding any other provisions contained in this section, the Board may increase assessments necessary for emergency situations pursuant to Section 1366 of the Civil Code. 8.06. Quorum. For the purposes of establishing "Assessments" above, a quorum means more than 50% of the Members of the Association. In addition, any meeting or election of the Association for purposes of complying with the section and the Subsection above entitled "Regular Annual Assessments and Special Assessments" shall be conducted in accordance with Chapter 5 (commencing with Section 7510)of Part 3,Division 2 of Title 1 of the Corporations Code.and Section 7613 of the Corporations Code. 8.07. Individual Charges. Individual charges may be levied against a Member as follows: a) As a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents; or, b) As a means of reimbursing the Association for costs incurred by the Association for the repair of damage to Common Areas and facilities for which the Member was responsible, or to otherwise bring the Member and his/her Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of Assessments) are not enforceable through the lien provisions of the Project Documents. All individual charges shall comply with California Civil Code Section 1366 to the extent that it is applicable. 8.2 8.08. Equal Division of Regular and Special Assessments. Regular and Special Assessments shall be levied against each Lot(and its Owner) equally, based on a fraction,the numerator of which is one and the denominator of which is the total number of Lots in the Project. 8.09. Delinquent Assessments. Regular and Special Assessments levied pursuant to this Declaration are delinquent 15 days after the date they become due. If an assessment is delinquent, the association may recover all of the following: a) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney's fees. b) A late charge not exceeding ten percent of the delinquent assessment or ten dollars, whichever is greater. c) Interest on all sums imposed in accordance with this section, including the delinquent assessment, reasonable costs of collection, and late charges, at an annual percentage rate not to exceed ten percent interest, commencing thirty days after the assessment becomes due. 8.10. Commencement of Assessments and Individual Charges. The right to levy Assessments and Individual Charges shall commence as to all Lots on the close of escrow for the first conveyance of a Lot. Regular Assessments shall commence as to all Lots the first day of the month following the first conveyance of a Lot under authority of a Final Public Report. Thereafter, Regular Assessments shall be levied on the first day of each month. 8.11. Assessment Lien. Each delinquent Assessment or installment shall be a charge and a continuing lien upon the Lot against which each Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment, subject to any costs of collection (including attorney's fees), late charges, and interest,by taking the following steps: (a) At least 30 days prior to recording a lien upon the Owner's Lot to collect a delinquent assessment, the Association shall notify the Owner in writing by certified mail of the following ("Delinquency Notice".): (1) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount, a statement that the Owner of the Lot has the right to inspect the Association records pursuant to section 8333 of the Corporations Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". (2) An itemized statement of the charges owed by the Owner including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection, reasonable attorneys' fees, and any late charges and interest if any. (3) A statement that the Owner shall not be liable to pay the charges, interest; and costs of collection, if it is determined the assessment was paid on time to the Association. (4)The right to request a meeting with the Board. 8.3 (b) Any payments made by the Lot Owner toward the delinquent assessment shall first be applied to the assessments owed; and only after the assessments owed are paid in full shall the payments be applied to the fees and the costs of collection, attorney'.s fees, late charges and/or interest. When an Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. The Association shall provide a mailing address for overnight payment of assessments. (1) An Owner may dispute the delinquent assessment no later than 15 days of the postmark of the Delinquency Notice by submitting either personally or by mail to the Board a written explanation of the reason(s) for his or her dispute. The Board shall respond to the Owner within 15 days of the explanation. (2) An Owner may submit a written request to meet with the Board to discuss a payment plan for the delinquent assessment. The Association shall provide the Owners the standards for payment plans if any exist. The Board shall meet with the Owner in executive session within 45 days of the postmark of the request, if the request is mailed within 15 days of the date of the postmark of the Delinquency Notice. If there is no regularly scheduled Board meeting within that period, the Board may designate a committee of one or more Members to meet with the Owner. (c) The amount of the assessment, plus any costs of collection, late charges and interest assessed, shall be a lien on the Owner's Lot from and after the time the Association causes to be recorded with the County recorder of the County in which the Lot is located a notice of delinquent assessment. Said notice shall state the amount of assessment and other sums imposed in accordance with Civil Code Section 1366, a legal description of the Owner's interest in the Project against which the assessment and other sums are levied, and the name of the record owner of the Owner's interest in the Project against which the lien is imposed in order for the lien to be enforced by nonjudicial foreclosure, (as provided herein). The notice of delinquent assessment shall state the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of delinquent assessment shall be signed by any officer of the Association or by the person designated by the Association for that purpose, and mailed in the manner set forth in Civil Code Section 2924b to all record owners of the Owner's interest in the Project no later than 10 calendar days after recordation. Within 21 days of the payment of the sums specified in the notice of delinquent assessments, the Association shall record or cause to be recorded in the office of the County recorder a lien release or notice of rescission and provide the Owner of a copy of the lien release, or a notice that the delinquent assessment has been satisfied. A monetary charge imposed by the Association: (i) as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Area improvements or landscaping for which the Member or the Member's guests or tenants were responsible; or(ii) as a disciplinary measure for failure of a Member to comply with the governing instruments (except for the late payments), may not be characterized nor treated as an assessment that may become a lien against the Member's Lot enforceable by the sale of the interest under Civil Code Sections 2924,2924b and 2924c. (d) A lien created herein shall be prior to all other liens recorded subsequent to the notice of assessment, except as described in the Section entitled "Insurance, Destruction, Condemnation". 8.4 (e) Subject to the limitations of this Section, after the expiration of 30 days following the recording of a lien therein created, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Civil Code section 2934a. Any sale by the trustee shall be conducted in accordance with Civil Code Sections 2924, 2924b and 2924c applicable to then exercise of powers of sale in mortgages and deeds of trusts. The fees of a trustee may not exceed the amounts prescribed in Civil Code Sections 2924c and 2924d. (f) If it is determined that a lien previously recorded against a Lot was recorded in error,the party who recorded the lien, within 21 calendar days, shall record or cause to be recorded in the office of the County recorder in which the notice of delinquent assessment is recorded, a lien release or notice of rescission and provide the Lot Owner with a declaration that the lien filing or recording was in error and a copy of the lien release ornotice of rescission. (g) If the Association fails to comply with the procedures set forth in this Section, prior to recording a lien, the Association shall recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the:Lot Owner. The provisions of this Section are intended to comply with the requirements of Civil Code Section 1367.1 in the effect-as of January 1, 2003. If these sections are amended or rescinded in any manner the provisions of this Section automatically shall be amended or rescinded in the same manner. Civil Code Section 1367.1 may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. 8.5 SF.C;TTON I ENFORCEMENT OF RFSTRTC'TIONS 9.01. feral. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien provided'by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys'fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Documents, commencing 15 days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.02. Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 9.01 above, the Association, or its authorized representative, shall have the following rights: a) Enforcement by Sanctions. i) Limitation. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his/her Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association. ii) Disci lina; Action. The Association may impose monetary penalties, temporary suspensions of a reasonable duration (not to exceed 30 days per violation)of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing,the Association shall have no right to interfere with an Owner's right of ingress to or egress from his/her Lot. If the Board adopts a policy imposing monetary penalties,the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall distribute a notice of such changes to the Members in the same manner as the schedule of penalties. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(g)presently in effect. If the provisions of section 1363(g) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(g) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. If the Board meets to consider or impose discipline upon a Member,the Board shall notify the Member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at minimum, the date, time, and place of the meeting, the nature of 9.1 the alleged violation for which a Member may be disciplined,and a statement that the Member has a right to attend and may address the Board at the meeting. The Board of the Association shall meet in executive session if requested by the Member being disciplined. In such session, the Member, and, if applicable, the Member's counsel, and the Association's counsel shall be entitled to attend. In addition, the Board may interview witnesses and other appropriate parties to the disciplinary proceeding in executive session. If the Board imposes discipline on a Member, the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a Member unless the Board fulfills the requirements of this subsection. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(h) presently in effect. If provisions of section 1363(h) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(h) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. Before disciplinary action authorized under this sub-section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as set forth in Section 12 of the Bylaws. b) Snit to Collect Delinquent Assessments or Individual Charges. A suit to recover a money judgment for unpaid Assessments or unpaid Individual Charges, together with late charges, interest, costs and reasonable attorneys' fees shall be maintainable by the Association. In the case of unpaid Assessments, such suit shall be maintainable without foreclosing or waiving the lien securing such unpaid Assessments. c) Transfer by Sale or Foreclosure. In a sale or transfer of a Lot, the obligation for delinquent Assessments or Individual Charges shall not pass to the transferee unless expressly assumed by him/her. The sale or transfer of any Lot shall not affect the Assessment lien,nor the right of the Association to impose a lien for Assessments which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a First Mortgage shall extinguish the lien and right to lien for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the First Mortgage or another person, from liability for any Assessments or individual charges thereafter becoming due or from the lien thereof. d) Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any Assessment becomes due. 9.2 SF.C;TION 107 Bi11X;F.TS,FINANCIAL STATEMENTS AND BANK ACCOUNTS TTS 10.01. Posed Rudget. Not less than 75 days before the beginning of each fiscal year,the Board shall prepare or cause to be prepared, a proposed pro forma budget for the forthcoming fiscal year. Any Owner or Mortgagee may make written comments to the Board with respect to said pro forma operating statement. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shall include adequate reserves for contingencies and for maintenance, repair and replacement of the Common Area improvements, Lots and Association personal property likely to need maintenance,repair or replacement in the future. 10.02. Adopt Budget. Not more than 75 days nor less than 60 days before the beginning of each fiscal year, the Board shall meet to review the proposed pro forma budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, shall adopt the budget and establish the Regular Assessment for the forthcoming fiscal year. 10.03. Budgets and Financial Statements. The following financial and related information shall be regularly prepared and distributed by the Board to all Members of the Association in accordance with section 1365 of the Civil Code: a) Budget. A copy of the operating budget shall be annually distributed not less than 45 days and not more than 60 days prior to the beginning of the Association's fiscal year, which shall include all of the following: i) The estimated revenue and expenses of the Association on an accrual basis; ii) A summary of the Association's reserves based on the most recent reserves review or study conducted pursuant to section 1365.5 of the Civil Code,which shall be printed in bold type and include all of the following: (1) The current estimated replacement cost, estimated remaining life and estimated useful life of each major component. (2) As of the end of the fiscal year for which the study was prepared: (a) The current estimate of cash reserves necessary to repair, replace, restore or maintain the major components; and, (b) The current amount of accumulated cash reserves.actually set aside to repair,replace,restore or maintain the major components;and, (3) The percentage that the amount in (b) of subparagraph (2) is to the amount in a)of subparagraph(2). iii) A statement as to whether the Board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component, or to provide adequate reserves therefor; and, 10.1 IV) A general statement setting forth the procedures used by the Board in the calculation and establishment of those reserves to defray the future repair, replacement or additions to those major components for which the Association is responsible. The summary of the Association's reserves disclosed pursuant to paragraph ii) shall not be admissible in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. b) Financial Statements. A review of the financial statements of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statements shall be distributed within 120 days after the close of each fiscal year. In lieu of the distribution of the operating budget referred to. in subsection "a)" above entitled "Budget", the Board may elect to distribute a summary of the proforma operating budget to all Members of the Association with a written notice (in at least 10-point bold type on the front page) that the budget is available at the business office of the Association, or at a location within the Project's boundaries, and that copies will be provided upon request and at the expense of the Association. The Association must mail such copies of the pro forma operating budget, by first-class United States mail to any Member requesting same at the expense of the Association, which such copies shall be mailed within five days from receipt of such request. c) Statement of F.nfnrcement Policies. In addition to financial statements, the Board shall annually distribute within 60 days prior to the beginning of the Association's fiscal year, a statement of the Association's policies and practices in enforcing lien right or other legal remedies against Members for default in the payment of regular and special assessments including the recording and foreclosing of liens against Members'Lots. 10.04. Summary of (general Liability, Earthquake and Flood Policies. A summary of the Association's General Liability,Earthquake and Flood policies (individually and collectively referred as the "Policy" or "Policies") shall be distributed to all Members within 60 days preceding the beginning of the Association's fiscal year. The summary shall include the following information on the Policies: a) The name of the insurer; b) The type of insurance; c) The Policy limits of the insurance; d) The amount of deductibles, if any; and e) The Association shall, as soon as reasonably practical, notify its Members by first- class mail if any of the Policies have been canceled and not immediately renewed or restored or if there is a significant change, such as a reduction in coverage or limits,or an increase in the deductible for any Policy. This summary shall contain, in at least 10-point boldface type,the following statement: 10.2 "This summary of the Association's policies of insurance provides only certain information as required by subdivision (e) of section 1365 of the Civil Code and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any member, upon request and reasonable notice, may review the Association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association's policies of insurance may not cover your property, including personal property, or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance brokers or agent for appropriate additional coverage." The provisions of this Sub-section are intended to comply with the requirements of Civil Code Sections 1354(i), 1363.05(e) and 1365 in effect as of the date of recordation of this Declaration. If these Civil Code Sections are amended or repealed in any manner, the provisions of this Sub-section shall be amended or repealed in the same manner. Civil Code Sections 1354(i), 1363.05(e) and 1365 may be amended by the State Legislature, and the Board should confirm the current statutory requirements. 10.05. Reserves and Reserves StndT. a) Reserves. Each annual regular assessment shall include a portion for reserves in such amount as the Board in its discretion considers appropriate to meet the cost of the future repair, replacement or additions to the major components that the Association is obligated to maintain and repair. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the Association is obligated to maintain. b) Transfer of Reserves. Notwithstanding the foregoing; the Board may authorize the temporary transfer of money from a reserve fund to the Association's general operating fund to meet short- term cash-flow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reasons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in maintaining the integrity of these funds, and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required herein. The Special Assessment is subject to the Assessment increase restrictions set forth in Subsection 8.4 (entitled "Regular Annual Assessments and Special Assessments") and Civil Code Section 1366(b). The Board may, at its discretion, extend the date the payment on the Special Assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of the Association of that decision in the next available mailing to all Members pursuant to Section 5016 of the Corporations Code, and of the availability of an accounting of those expenses. Unless the governing documents impose more stringent standards,the Association shall make an accounting of expenses related to the litigation on at 10.3 least a quarterly basis. The accounting shall be made available for inspection by Members of the Association at the Association's office. c) Reserve Study_ At least once every three years, the Board shall cause to be conducted a reasonably competent and diligent inspection of the accessible areas of the major components which the Association is obligated to repair, replace, restore or maintain as a part of a study of the reserve account requirements of the Project if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the Association, which excludes the Association's reserve account for that period. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a result of that review. The study shall, at a minimum, include: i) Identification of the major components which the Association is obligated to repair, replace, restore or maintain which, as of the date of the study, have a remaining useful life of less than 30 years; ii) Identification of the probable remaining useful life of the components identified in subparagraph(i) as of the date of the study; iii) An estimate of the cost of repair, replacement, restoration or maintenance of each major component identified in subparagraph(i)during and at the end of its useful life; and, iv) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore or maintain each major component during and at the end of its useful life after subtracting total reserve funds as of the date of the study. As used herein, "reserve accounts" means moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain; and "reserve account requirements" means the estimated funds which the Board has determined will be required to be available at a specified point in time to repair, replace or restore those major components which the Association is obligated to maintain. The provisions of the Subsection entitled "Reserves and Reserves Study" are intended to comply with the requirements of Civil Code Section 1365.5(c) and (d) presently in effect. -If these Civil Code Sections are rescinded or amended in any manner, the provisions of the Subsection automatically shall be rescinded or amended in the same manner. Civil Code Sections 1365.5(c) and (d) may be amended by the State Legislature,and the Board should confirm the current statutory requirements. 10.06. Bank Acrounts. The Association shall deposit all funds collected from Owners pursuant to the Section herein entitled "Assessments" and all other amounts collected by the Association as follows: a) General. All funds shall be deposited in a .separate bank account ("General Account") with a bank located in California. The Association shall keep accurate books and records regarding such account. Funds deposited in such account may be used by the Association only for the purposes for which such funds have been collected. 10.4 b) Rom. Funds which the Association shall collect for reserves for capital expenditures relating to the repair and maintenance of the Lots and Common Area, and for such other contingencies as are required for good business practice shall, within 10 days after deposit in the General Account, be deposited into an interest bearing account with a bank or savings and loan association selected by the Association, or invested in Treasury Bills or Certificates of Deposit or otherwise prudently invested, which shall collectively be referred to-as the "Reserve Account". Funds deposited into the Reserve Account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected. 10.5 SF.CTTON 117 TNSPF.CTION OF BOOKS ANT)RFC ORDS 11.01. Inspection by Members. a) Commencing not later than 90 days after the close of escrow of the first Lot in the Project, copies of the documents listed.-below, as soon as readily obtainable, shall be delivered by the Declarant to the Board of the Association at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of(i)the conveyance of the last subdivision interest covered by a Final Public Report or(ii) three years after the expiration of the most recent Public Report for the Project: (1) A copy of the recorded subdivision Map or Maps for the Project. (2) The deeds and easements executed by the Declarant conveying the Common Area or other interest to the Association,to the extent applicable. (3) The recorded Declaration for the Project, including all amendments and annexations thereto. (4) The Association's filed Articles of Incorporation, and all amendments thereto. (5) The Association's Bylaws and all amendments thereto. (6) All architectural guidelines and all other rules regulating the use of an Owner's interest in the Project or use of the Common Area which have been promulgated by the Association. (7) The plans approved by the local agency or county where the Project is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy. (8) All Notice of Completion certificates issued for Common Area improvements(other than residential structures). (9) Any bond or other security device in which the Association is the beneficiary. (10) Any written warranty being transferred to the Association for Common Area equipment, fixtures or improvements. (11) Any insurance policy procured for the.benefit of the Association, its Board or the Common Area. (12) Any lease or contract to which the Association is a party. 11.1 (13) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. (14) Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Owners or Members of the Association. b) If the Project is phased, commencing not later than 90 days after the annexation of additional phases to the Project, copies of those documents listed under subdivision a) which are applicable to that phase, shall as soon as they are readily obtainable, be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed in Subsection a) shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of(i) the conveyance of the last subdivision interest covered by a Final Public Report or(ii)three years after the expiration of the most recent Final Public Report for the Project. c) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members,the Board, and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly- appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member at the office of the Association or at such other place within the Project as the Board shall prescribe. d) In the case of the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting and shall be distributed to Members only upon request and payment of the fee prescribed in Section 11.02(c)below. At the time the pro forma operating budget is distributed as required by Section 10 or at the time of any general mailing, Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how and where those minutes may be obtained and the cost of obtaining such copies. 11.02. Rules for Insnection by Members. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and, c) Payment of the costs of reproducing copies of documents requested by a Member. 11.03. Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 11.2 11.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts,the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institution(s) where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. 11.05. Reserve Account Withdrawal Restrictions. The Board shall require that at least two signatures be needed for the withdrawal of monies from the Association's reserve account(s), signatures shall be either those of Members of the Board or of one Member of the Board and of one officer who is not a Member of the Board. 11.3 SECTION 12• INSURANCE, DESTRUCTION AND/OR C'O1`>DEMNATTON 12.01. Insurance. In addition to other insurance required to be maintained by the Project Documents, the Association, through its Board, shall obtain from generally accepted insurance carriers, and maintain in effect at all times,the following insurance at common expense: a) Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, its officers and directors, and each Owner against any liability incident to the ownership, use or maintenance of the Common Area, any Association maintenance responsibilities on the Lots, and other maintenance obligations of the Association, including, if obtainable,a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than $1,000,000 covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance may include protection against water damage liability, liability for nonowned and hired automobiles, liability for property of others, and such other risks as are customarily covered with respect to projects similar in construction, location and use. Such policy may provide for a reasonable deductible. b) Fire, C:a.s►►alt)✓and Extended Coverage Insurance. The Association shall also obtain and maintain a policy of fire, casualty and extended coverage insurance for the full insurable replacement value (without deduction for depreciation) of all of the Improvements within the Project (including the Common Area and all Lots). Such policy may provide for a reasonable deductible. The form, content,term of policy, its endorsements and the issuing company shall meet the reasonable standards of all First Mortgagees and shall be consistent with good sound insurance coverage for properties similar in construction, location and use. The policy shall name as insured the Association for the benefit of the Owners and Declarant, as long as Declarant is the Owner of any Lot, and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee described below. c) Individ►►a1 Fire Insurance Limited. Except as provided in this Section, no Owner shall separately insure his/her Lot against loss by fire or other casualty covered by any insurance carried under Section 12.01(b). If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under policies described above that results from the existence of such other insurance shall be chargeable to the Owner who acquired other insurance, and such Owner shall be liable to the Association to the extent of any such diminution. An Owner may insure his/her personal property against loss. In addition, any improvements made by an Owner to his/her Lot may be separately insured by the Owner, but the insurance is to be limited to the nature of coverage commonly known as "tenant's improvements". All such insurance that is individually carried must contain a waiver of subrogation rights by the carrier as to other Owners,the Association, Declarant and the First Mortgagee of such Lot. d) Trustee. All fire,casualty and extended coverage insurance proceeds payable under Section 12.01 b) above for losses to real property and improvements may be paid to a trustee, to be held and expended for the benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall be a commercial bank, savings and loan or trust company in the county in which the Project is located that agrees in writing to accept such trust. e) Other insurance. The Board shall purchase and maintain Workers Compensation insurance, to the extent that it is required by-law, for all employees or uninsured contractors of the Association. The Board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet 12.1 the reasonable requirements of any First Mortgagee. The Board shall also purchase and maintain insurance on personal property owned by the Association, and any other insurance that it deems necessary, that is reasonably required by any First Mortgagee or that is customarily obtained for Projects similar in construction, location and use. f) Adinstment of Tosses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Sections 12.01 a), b) and 1). With respect to these sections, the Board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. g) Officer and Director Insurance.. The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association(collectively the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law. h) General Provisions. To the extent possible, the Board shall make every reasonable effort to secure insurance policies providing for the following: (i) A waiver of subrogation by the insurer as to any claims against the Board, the manager,the Owners and their respective servants, agents and guests; (ii) That the policy will be primary, even if an Owner has other insurance which covers the same loss; (iii) That no policy may be cancelled or substantially modified without at least ten (10)days prior written notice to the Association and to each First Mortgagee listed as a scheduled holder; (iv) An agreed amount endorsement, if policy contains a coinsurance clause; (v) A guaranteed replacement cost or replacement cost endorsement; and (vi) An inflation guard endorsement. i) Notice of Cancellation, All insurance carried by the Association shall require the insurer to notify any First Mortgagee and Declarant requesting such notice at least 15 days prior to the effective date of any reduction or cancellation of the policy. j) Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate. At least once every three years, the review shall include a replacement cost appraisal of all insurable Common Area Improvements without respect to depreciation. The Board shall adjust the policies to provide the amounts and types of coverage and protection that are customarily carried by prudent owners of similar property in the area in which the Project is situated. k) Payment of Premiums. Premiums on insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association. 12.2 1) Waiver of Snhrog tion. All insurance carried by the Association, or the Owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, Directors, Officers, Declarant,Owners, occupants of Lots,their family,guests, agents and employees. 12.02. Other Provisions and Limitations: All insurance policies shall be subject to and, where applicable, shall contain the following provisions and limitations: (a) Underwriter: All policies (except earthquake insurance) shall be written with a company legally qualified to do business in the State of California and (i) holding a "B" or better general policyholder's rating and a "6" or better financial performance index rating as established by Best's Insurance Reports, (b) reinsured by a company described in (i), above, or (c) if such a company is not available,the best rating possible or its equivalent. (b) Named Insured: Unless otherwise provided in this Section, the named insured shall be the Association or its authorized representative, as a trustee for the Owners. However, all policies shall be for the benefit of Owners and their Mortgagees, as their interests may appear. (c) Fidelity Bond: A fidelity bond naming the Board, the Owners, the Association and such persons as the Board may designate as obligees, in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation sufficient to meet the reasonable requirements of any First Mortgagee. The fidelity bond shall contain a waiver of any defense based on the exclusion of persons serving without compensation. (d) Authority to Negotiate: Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Board; provided, however, that no Mortgagee having an interest in such losses may be prohibited from participating in any settlement negotiations related thereto. (e) Contribution: In no event shall the insurance coverage obtained and maintained by the Association be brought into contribution with insurance purchased by Owners or their Mortgagees. (f) Term: The period of each policy shall not exceed three years. Any policy for a term greater than one(1)year must permit short rate cancellation by the insureds. (g) Deductible: The policy may contain a reasonable deductible and the amount of the deductible shall be added to the face amount of the policy in determining whether the insurance equals replacement cost. 12.03 Damage or Destruction - Association. a) Minor Destruction Affecting Common Area. Notwithstanding Section 12.02(b), the Board shall have the duty to repair and reconstruct the Common Area without the consent of Members and irrespective of the amount of available insurance proceeds or other funds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed 5% of the budgeted gross expenses of the Association for that fiscal year. The Board may levy a Special Assessment for the cost of such repair and reconstruction to the extent insurance proceeds or other funds are unavailable. b) Major Destruction Affecting Common Area. 12.3 i) Destruction; Proceeds Exceed 856/n•of Reconstruction Costs. If there is a total or partial destruction of the Common Area, and if the available proceeds of the insurance carried pursuant to Section 12.01 or other available funds are sufficient to cover not less than 85% of the costs of repair and reconstruction, the Common Area shall be promptly rebuilt unless, within 90 days from the date of destruction, Members then holding at least 75% of the voting power of each class determine that repair and reconstruction_shall not take place. ii) Destruction; Proceeds Tess than 85% of R . .onstrn .tion Costs. If the proceeds of insurance carried pursuant to Section 12.01 or other available funds are less than 85% of the costs of repair and reconstruction,repair and reconstruction shall not take place unless,within 90 days from the date of destruction, Members then holding at least a majority of the voting power of Members of each class determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the Board shall execute, acknowledge and record in the office of the County Recorder not later than 120 days from the.date of destruction a certificate declaring the intention of the Members to rebuild. iii) Special Assessment to Rebuild. If the determination is made to rebuild pursuant to the above Sections, the Association may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. iv) Rebuilding Contract. If the determination is made to rebuild, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the least expensive bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. c) Destruction Affecting Lots. i) DutV to Rebuild. If there is a total or partial destruction of a Lot, the' affected Lot shall be promptly rebuilt by the Association unless the Association is relieved of the obligation to rebuild by the approval of Members holding at least 75% of the voting power of the Members of each class, including all Owners of Lots within the attached group of Lots (connected by Party Walls) and including the affected Lot. ii) Rebuilding Procedure: All insurance proceeds will be paid to the Board as trustee or to any insurance trustee provided for in Section 12.01(d), or be held for the benefit of the Owner and Mortgagee(s)of the affected Lot as their interests shall appear. If the Lot is to be rebuilt,the Board may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. The Lot shall be rebuilt or repaired in substantial conformity to the exterior appearance, design and structural integrity of the Lot prior.to the date of destruction. Notwithstanding the foregoing, any Owner of an affected Lot-may apply to the Board for reconstruction of his/her Lot in a manner which will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such'approval shall be made in writing, together with full and .complete plans, specifications, maps and working drawings showing the proposed 12.4 reconstruction and the end -result thereof. The Board shall grant such approval only if it finds that the reconstructed Lot will be compatible in exterior appearance and/or design with the other Lots in the Project, provides the structural support required to fulfill the Owners Party Wall and roof support obligations and will not impose an unreasonable maintenance burden on the Association. Failure of the Board to approve or reject any such proposed change within 60 days after the date of submission thereof shall be conclusively deemed an approval thereof. If the Board approves such proposed change, the Owner, within 15 days thereafter, shall deposit with the Association, or an insurance trustee,cash-or other acceptable security in an amount sufficient to pay the difference between the cost of rebuilding the Lot as it was prior to destruction and the cost_of rebuilding it as proposed: When the amount held by the Association or insurance trustee is sufficient to pay the costs of repair and reconstruction, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the most reasonable bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of the authorized reconstruction at the earliest possible date. iii) Lot Not to he Rebuilt. If the determination is made not to rebuild a Lot (subject to any agreement among the Owner and Mortgagee(s)of the affected Lot,the Association and other Owners of Lots relieving the Association from the obligation to rebuild it),the insurance proceeds and other funds held for rebuilding the Lot,together with any portion of the reserve funds of the Association reserved for the Lot, shall be distributed to the Owner of the affected Lot and his/her Mortgagee(s) as their interests shall appear. 12.04. Damage or Destruction — Owners. If all or any portion of a Lot or Residence is damaged by fire or other casualty and the loss is not covered by an insurance policy held by the Association,the Owner of the Improvement shall either (i) restore the damaged Improvements or (ii) remove all damaged Improvement, including foundations, and leave the Lot in a clean and safe condition. Any restoration under (i) preceding must be preformed so•that the Improvements are in substantially the same condition in which they existed prior to the damage. Unless extended by the Board, the Owner must commence such work within one hundred twenty days after the damage occurs and must complete the work within one_year thereafter. 12.05. Condemnation. a) Condemnation Affecting_Common Area i) Sale in Tien. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Owners and subject to the rights of all Mortgagees, the Common Area, or a portion of it,may be sold by the Board. Subject to Corporations Code Section 8724,the proceeds of the sale shall be distributed in the following order or priority: (1)to the Association,to reimburse it for its condemnation expenses; (2) then to all Owners and their Mortgagees on the same basis as their Regular Assessment obligations and between the Lot Owners and their Mortgagees as their respective interests shall appear. ii) Award. If the Common Area, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by its terms apportion the award among the Owners and their 12.5 r respective Mortgagees. If the judgment of condemnation does not apportion the award, then the award shall be distributed as provided above. b) Condemnation Affecting Lots. If an action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened,the Owner and the Mortgagees of the affected Lot,as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and-the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved for the Lot, shall'be released from the applicability of the Project Documents and deemed divested of any interest in the Common Area.. 12.6 SECTION 13: MORIGAGEE PROF .TIONS 13.01. Mortgages.Permitted. Any Owner may encumber his/her Lot with.Mortgages. 13.02. Priority of Morton. Notwithstanding any other provision of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made,in good faith and for value as to said Lot or any part thereof. Any lien which the Association may have on any Lot in the Project for the payment of common expense assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any first mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent assessment. 13.03. Payment of Taxes or Premiums by Mcrt¢au .s. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area, unless such taxes or charges are separately assessed against the Owners, in which case the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may,jointly or singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. 13.04. . Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale,trustee's sale or otherwise. 13.05. Mortgagee's Rights. A First Mortgagee's rights shall include, but not be limited to, the following: a) Attend Meeting . Any First Mortgagee, upon written request, shall receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. b) Furnish Information. Any Mortgagee may furnish information to the Board concerning the status of any Mortgage. c) Inspect Rooks and Records. The Association shall make available to Owners, prospective purchasers and First Mortgagees current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request,,during normal business hours. If there is no audited financial statement available for the preceding fiscal year, any First Mortgagee should be allowed to have-an audited financial statement prepared at its own expense. 13.06. No Restriction on Owner's Right to Ingress and Egress. Except as allowed in Section 16.09, there shall be no restriction upon any Owner's right to ingress to and egress from his/her Lot, which right shall be perpetual and appurtenant to his/her Lot ownership. 13.07. Notices-to Mortgages. Upon written request to the Association, any First Mortgagee.shall be entitled to timely written notice of the following: a) Any proposed amendment to the Project Documents effecting a change in: 13.1 i) The boundaries of any Lot or the exclusive use rights appurtenant thereto, if any; ii) The interests in the general or Exclusive Use Common Areas, if,any, appurtenant to any Lot or the liability for common expenses appurtenant thereto; iii) The number of votes in the Association appurtenant to any Lot;or, iv) The purposes to which any Lot or the Common Area are.restricted. b) Any proposed termination of the legal status of the Project as a planned development. c) Any condemnation or casualty loss which affects either a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. d) Any 60-day delinquency in the payment of Assessments or Individual Charges owed by an Owner subject to a First Mortgage held,insured or guaranteed by such requesting party. e) Any default in the performance by the affected Owner of any obligation under the Project Documents which is not cured within 60 days. f) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association.. g) Any proposed action which requires the consent of a specified percentage.of First Mortgagees as specified in Section 13.08. . 13.08. E MA,ELU MC,FHA and VA Mert_ugaagees, a) Conditions When This Sec inn Arn lip cable. The provisions of this Section 13.08 shall apply if any of the following conditions exist pertaining to First Mortgages on any of the Lots: i) Any First Mortgage is sold or transferred to FNMA; ii) Any First Mortgage is sold or transferred to FHLMC;or, iii) Any First Mortgage is' FHA insured or a Veterans Affairs ("VA") mortgage. b) Annroval of Material Amendments. The approval of 67% of the total voting power of the Association and 51% or more of the Eligible First Mortgagees (based upon one vote for each first mortgage owned) must be obtained for amendments of a material nature to the Project Documents. A change to any of the following would be considered as material: -i). Voting rights; ii) Assessments,assessment liens or subordination of assessment liens; iii) Reserves for maintenance, repair and replacement of Common Areas or any other portions of the Project which the Association has a duty to maintain,repair and replace; 13.2 iv) Responsibility for maintenance and repairs; v) Reallocation of interests in the general or Exclusive Use Common Areas, if any,or rights to their use; . vi) Boundaries of any Lot; vii) Convertibility of Lots into Common Areas or vice-versa; viii) Expansion or contraction of-the Project or the addition, annexation or withdrawal of property to or from the Project; ix) Insurance or fidelity bonds; x) Leasing of Lots; xi) Imposition of any right of first refusal or similar restriction on a Lot Owner's right to sell,transfer or convey his/her Lot; xii) A decision by the Owner's Association to establish self management when professional management has been required previously by a First Mortgagee; xiii) Restoration or repair of the Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; . xiv) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs;or,, xv) Any provisions that expressly benefit First Mortgagees, insurers or guarantors. An addition or amendment to the Project Documents shall not be considered material if it is for the purpose of correcting technical errors,or for clarification only. If an addition or amendment is not considered as a material change, approval will be implied when a First Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the proposal is submitted. c) Termination of Legal States. Except as provided above, any election to terminate the legal status of the Project as a planned development must be approved by at least 67% of the voting power of the Association and 67% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. d) Reallocation of In eres , in the Common Area. No reallocation of interests in the Common Area resulting from a partial condemnation or partial destruction of the Project shall be effected without the approval of 5 1% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. e) Restriction on Certain Changes. Unless at least 66-2/31/o of the First Mortgagees (based on one vote for each First Mortgage owned) and 66-2/3% of the Owners other than Declarant have given their prior written approval,the Association shall not: i). By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area (the granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area by the Association shall not be deemed .a transfer within the meaning of this clause);or, ii) Change the method of determining the Assessments, or other charges which may be levied against a Lot Owner;or, 13.3 iii) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots,the exterior maintenance of Lots,the maintenance of any Common Area Party Walls or common fences and driveways, or the upkeep of lawns and plantings in the Project; or, iv) Fail to maintain fire and extended coverage,.on insurable Common Area and other portions of the Project which the Association has a duty to insure on a current replacement cost basis in an amount not less than 100% of the insurable value(based on current replacement cost); or v) Use hazard insurance proceeds for losses to any Common Area or other Project improvements for other than the repair, replacement or reconstruction of such Common Area or improvements. f) No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his/her Lot shall not be subject to any "right of first refusal" or similar restriction. g) Foreclosure Flimin tes Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for claims for a pro rata share of such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges of all Project Lots, including the mortgaged Lot. h) Mortgage PrioritV in C'.ase.of Distribution. No provision in any Project Document will entitle a Lot Owner or other party to priority over any rights of the First Mortgagee on the Lot pursuant to its Mortgage in the case of a distribution to such Lot Owner of insurance proceeds or condemnation awards for losses to or a taking of the Lot and/or Common Area. i) Working Capital Fend. If required by FHA,VA, FNMA or FHLMC as a condition of qualifying the Project for any mortgage purchase, guarantee or other related program, a working capital fund shall be established for the Project by the contribution to such fund, by the Owners and Declarant, of a sum not to exceed the amount of two months Regular Assessments for each Lot owned. Any amounts paid into this fund should oat be considered as advance payments of regular assessments. Each Lot's share of the working capital fund should be collected at the time the sale of the Lot is closed and then should be transferred to the Association for deposit to a segregated fund. Within 60 days after closing has been held for the first Lot, the Declarant shall pay each unsold Lot's share of the working capital fund to the Association. The Declarant shall then reimburse itself for this payment from the funds collected at closing when the unsold Lots are sold. j) Taxes Relate Only to Individual lots. All taxes, assessments and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Lots and not to the Project as a whole. 13.09. F14ANA Approval. During any period of time that a in on any portion of the Project is held, insured or guaranteed by FHA or VA, and as long as there is a Class B Membership, the following actions shall require the prior approval of FHA or VA: amendment of the Project Documents; annexation of additional property; dedication or mortgaging of the Common Area; or, merger or consolidation of the Association with another corporation. 13.4 13.10. Additional FHA Provisions. If loans secured by mortgages encumbering Lots within the development qualify for mortgage insurance by FHA,the following shall apply: All Owners, tenants and occupants of Lots in the development covenant and agree that the administration of the development shall be in accordance with the terms and provisions of the Regulatory Agreement(FHA Form No. 3278) executed by FHA and the Association and that such terms and provisions of said Regulatory Agreement shall be fully complied with. To the extent any matters in this Declaration or in the Articles or the Bylaws are in any way inconsistent with any matters in said Regulatory Agreement in effect,then said Regulatory Agreement shall prevail. The right to lease Lots in the development shall be subject to all terms and provisions of said Regulatory Agreement. In the event of any conflict between any of the provisions of this Section and any other provisions of this Declaration,the provisions of this Section shall control, Any provision of this Declaration which confers a power or right upon the FHA or the Federal Housing Commissioner and all of the provisions of the Regulatory Agreement shall be inapplicable whenever there are no.Lots where FHA insures the mortgage held by any First Mortgagee. Whenever a notice is required to be sent to a Mortgagee holding an FHA insured mortgage or the approval of the FHA is required, the notice or the request for approval shall be sent to the supervisor of the FHA office that has jurisdiction. If FHA does not respond within 20 days after the notice is mailed or delivered,then the FHA shall be deemed to have approved the request. 13.11. Compliance with FHANA, FHLMC or FNMA Requirements. Declarant intends that the Project shall comply with all of the requirements of the Federal Housing Administration ("FHA"), the Department of Veterans Affairs ("VA"), the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"). All casualty and liability insurance covering any portion of the Project encumbered by a Mortgage insured by FHA, guaranteed by VA, or held by FHLMC or FNMA, shall therefore conform to the applicable FHANA, FHLMC or FNMA requirements. Declarant and all Lot Owners also agree that in the event the Project or the Project Documents do not comply with the applicable FHANA, FHLMC or FNMA requirements, the Board and each Owner shall take any action or adopt any resolutions required to conform such Project Documents, or the Project,to the FHANA,FHLMC or FNMA requirements, subject to the review and approval of the California Department of Real Estate, in accordance with applicable law,so long as the Department of Real Estate retains jurisdiction. 13.12. - Waivers. A Mortgagee may waive any requirement contained in this Declaration as it pertains to such Mortgagee,provided such waiver shall be in writing. 13.13. Conflicts. In the event of a conflict between any of the provisions of this Section 13 and any other provisions of this Declaration,the provisions of this Section 13 shall control. 13.5 I SECTION 14- FNFORC F.MF,NT OF BONDFD C)RT TC;ATTC)NS If any.Common Area improvements in the Project have not been completed prior to the issuance of the Final Public Report and the Association is obligee under a bond or other arrangement('Bond")to secure performance of the commitment of Declarant to complete such improvements,the Board shall:consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within 60 days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within 30 days after the expiration of the extension. A special meeting of Members for the purpose of voting to override a decision by the'Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held not less than 35 days nor more than 45 days after receipt by the Board of a petition for such meeting signed by Members representing 5% or more of the total voting power of the Association. At such special meeting,a vote of a majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under.the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 14.1 SECTION 15- AMENDMENTS 15.01. Prior to First Conveyance.ance. Prior to close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requirements of Business and Professions Code Sections 11012 and 11018.7. 15.02. After First Conveyance. After conveyance of the first -Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association. If only one class of membership exists at the time an amendment is proposed,.then it must be approved by at least a bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary-to amend a specific clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. 15.03. Recordation. Any amendment must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 15.04. Unanimous Consent for Specific Amendments. The consent of all Owners shall be required for any amendment of Project Documents effecting a change in: a) the boundaries of any Lot; b) the interest in the common elements pertaining to the Lot or the liability for Common Expenses appertaining thereto; c) the number of votes in the Owners Association appertaining to the Lot;or, d) the fundamental purposes to which any Lot or the common elements are restricted. 15.05. FHA Requirements, .Notwithstanding any provision of this Section to the contrary, all requirements of Section.13 must be met in order to effectuate any amendment or revocation pursuant to this Section. 15.1 SEC'TiON 16• ARC'HITFC'Ti1RAL C'ONTRQI, 16.01. General Limitation. Subject to the exemptions described below, no Improvement and/or Structure may be constructed, erected, painted, altered or changed on any portion of the Property without the prior written approval of the Architectural Control Committee("Committee"). 16.02. Rxem t}, ians. Notwithstanding the subsection above entitled "General Limitation", Committee approval shall not be required for the following: (a) Improvements constructed by, at the direction of, or with the approval of Declarant; (b) normal maintenance of exempt or previously approved Improvements; (c) repair or rebuilding of an exempt or previously approved Improvement; (d) changes to the interior of an exempt or previously approved Structure; (e)work reasonably required to be performed in an emergency for the purpose of protecting any person or property from damage. 16.03. Architectural Control rol Committee. a. Number and Appoin m .nt. The Committee shall be composed of three members. The initial members shall be appointed by Declarant. Declarant shall have the right to appoint replacements at any time to the Committee for a period of three years from the date of recordation of this Declaration. After the initial three year period, the Committee members shall have the full authority to designate a successor in the event of death or resignation of a member. Except for the power of the Declarant to appoint all members during the initial three year period, at any time thereafter the then record owners of the majority of Lots shall have the power, through a duly recorded written instrument,to change the membership of the Committee. b. Operation. The Committee shall meet from time to time as necessary to properly perform its duties hereunder. A majority of the Committee members may designate a representative of the Committee to act for it. Except as provided elsewhere herein,any decision may be made by the Committee upon an affirmative vote of two-thirds of its members. ,The Committee shall keep and maintain a record of all actions from time to time taken by the Committee at meetings or otherwise,and shall maintain files of all documents submitted to it. The members of the Committee shall not receive any compensation for services rendered. All members of the Committee shall be entitled to reimbursement from fees collected by the Committee for reasonable expenses incurred by them in connection with the performance of their duties. C. Duties. The Committee may adopt Architectural Control Guidelines ("Guidelines") as provided below and shall perform other duties imposed upon it by this Declaration or applicable laws and regulations. d. Address. The address of the Committee shall be determined by resolution of the Committee. Such address shall be the place for the submittal of plans and specifications and the place where current copies of the Guidelines shall be kept. e. Guidelines. The Committee may, from time to time, adopt or amend Guidelines prospectively. Said Guidelines shall interpret and implement the provisions of this section by setting forth more specific standards and procedures for Committee review. All guidelines shall be in compliance with all applicable laws and regulations of any governmental entity having jurisdiction over Improvements in the Property, shall incorporate high standards of architectural design and construction engineering, shall be in compliance with the minimum standards set forth herein, and otherwise shall be in conformity with the purposes and provisions of this Declaration. A copy of the current Guidelines, if any, shall be available for inspection and copying by any Owner at any reasonable time during customary and normal business hours. 16.1 f. Standards. The following minimum standards shall apply to any Improvements constructed,painted,altered or changed on the Property: (1) All Improvements shall be constructed, painted and changed in compliance with the applicable zoning laws, building codes, this Declaration, and all other laws, ordinances and regulations applicable to Property Improvements. (2) All Lots shall have a minimum of two enclosed parking spaces. (3) All Lots shall be landscaped with a combination of trees, shrubs, ground cover, lawn, natural vegetation, and limited decorative rock, bark, and similar materials. Berming may be utilized so long as it does not disrupt proper drainage within the Property. Landscaping shall be designed so as to compliment, protect and harmonize with the natural terrain, existing trees and vegetation and shall be consistent with generally accepted, customary and conventional landscape designs. Stone, gravel, concrete and similar materials shall be used only for complimentary and supplementary purposes and no Lot shall be covered entirely with such materials. (4) On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director of the City prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. (5) All solar collection devices shall be integrated aesthetically and screened as much as possible from adjacent portions of the Property. (6) In reviewing proposed Improvements for approval, the Committee shall consider at least the following: (a) Does the proposed Improvement conform to the purposes and provisions of the Property Documents? (b) Is the proposed Improvement of a quality of workmanship and materials comparable to other Improvements that are proposed or existing on the Property? (c) Is the proposed Improvement of a design and character which is harmonious with proposed or existing Improvements and with the natural topography in the immediate vicinity? (d) Will the proposed Improvement unreasonably interfere with or otherwise impair the view or solar access of other portions of the Property? 16.04. Committee Approval Process - Approval Application. Any person proposing to construct, paint, alter or change any Improvement on the Property which requires the prior approval of the Committee shall apply to the Committee in writing for approval of the work to be performed and the time schedule for performing such work. The Committee may charge an applicant a reasonable fee for 16.2 r s application review. In the event additional plans and specifications for the work are required. by the Committee, the applicant shall be notified of such requirement within thirty days of receipt by the Committee of his initial application.or the application shall be deemed sufficiently submitted as of.that date. If timely notified,the applicant shall submit additional plans and specifications for the proposed work in the form and content reasonably required by the Committee and his application shall not be deemed sufficiently submitted until that date. Such plans and specifications may include, but not be limited to, showing the nature,kind, shape, color,size,materials and location of the proposed work,or the size;species and location of any plants,trees,shrubs and other proposed landscaping. 16.05. Review and Approval. Upon sufficient submission of an application for Committee review, the Committee shall proceed expeditiously to review all of the documents to determine whether the proposed work is in compliance with the provisions and purposes of this Declaration and all,Guidelines of the Committee in effect at the time the documents are submitted. In the event the Committee fails to approve an application, it shall notify the applicant in writing of the specific matters to which it objects. In the event the Committee fails to notify the applicant of the action taken by the Committee within thirty-five days after sufficient submission of an application, the application shall be deemed approved. One set of plans as finally approved shall be retained by the Committee as a permanent record. 16.06. Co,mmencement, Completion of AnnrnveT .d Work. Upon receipt of the approval of the Committee, the applicant shall proceed to have the work commenced and diligently and continuously pursued to completion in substantial compliance with the approval of the Committee including all conditions imposed therewith. The approval of the Committee shall be effective for a period of one year after the date of the approval subject to the right of the Committee to provide for a shorter or longer period at the time of its approval, or subsequently to extend the period upon a showing of good cause, and in the event the approved work is not commenced within the effective period of the approval, then.the applicant, before commencing any work shall be required to .resubmit his application for the approval of the Committee. All approved work shall be completed within six months after the date of commencement, or such other reasonable period specified by the Committee at the time of approval,with the period of time subject to extension by the number of days that work is delayed by causes not under the control of the applicant or his contractor or as otherwise extended by the Committee. Upon completion of approved work, the applicant shall give written notice thereof to the Committee. If for any reason the Committee fails to notify the applicant of any noncompliance within sixty days after receipt of said notice of completion from the applicant,the Improvement shall be deemed to be completed in accordance with said approved plans. 16.07. Inspection,ction, Non-Comnliance. The Committee, or any authorized representative shall have the right during normal business hours, after forty-eight hours notice to the Owner thereof, to enter upon any portion of the Property for the purpose of determining whether or not any work is being performed . or was performed in compliance with this Declaration and the Guidelines. If at any time the Committee determines that work is not being performed or was not performed in compliance with this Declaration and the Guidelines,whether based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved 16.3 work or otherwise, the Committee shall notify the owner..in writing of such non-compliance specifying the particulars of non-compliance, and demanding that the owner remedy such non-compliance within a reasonable and specified period. In the event that the Owner fails to remedy such non-compliance within the specified period, the Committee shall have the right and duty to remedy the non-compliance in any appropriate manner permitted by this Declaration and the Guidelines, or as otherwise permitted by law or in equity, including but not limited to removing the non-complying Improvement, correcting the non-complying Improvement, completing the non-complying Improvement, or recording a notice of non-compliance or non-completion on the Property, as appropriate. The Owner shall have the obligation to reimburse the Committee for any costs incurred in enforcing these provisions and such costs may be recovered by the Committee in an action of law against such individual Lot Owner. 16.08. Waiver. The approval by the Committee of any plans, drawings or specifications for any Improvements constructed or proposed, or in connection with any other matter requiring the approval of the Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter submitted for. approval. Where unusual circumstances warrant it, the Committee may, grant reasonable variances from the architectural control provisions hereof or from the Guidelines. Such variances shall be made on a case-by-case basis and shall not serve as precedent for the granting of any other variance. 16.09. Estoppel Certificate. Within thirty days after written demand is delivered therefor to the Committee by any Owner or Mortgagee, and upon payment to the Committee of a reasonable fee (as fixed from time to time by resolution of the Committee), the Committee shall execute and deliver,in recordable form, if requested, any estoppel certificate executed by any two of its members, certifying, with respect to any Lot of said Owner or Mortgagee,that as of the date thereof either(a) all Improvements made and other work done upon or within said Lot comply with the requirements of the Committee and this Declaration, or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such noncompliance. Such statement shall be binding upon the Committee in favor of any person who may rely thereon in good faith. 16.10. I.iahili?. Neither the Declarant, the Committee, nor any Committee member thereof shall be liable to any Owner or to any third party for any damages, loss, or prejudice suffered or claimed on account of(a) the approval or disapproval of plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Property, (d) the execution and filing of an estoppel certificate pursuant to Section 3.09, or(e)the execution and filing of a notice of noncompliance or noncompletion pursuant to Section 3.07, whether or not the.facts therein are correct, if the Declarant, the Committee or such Committee member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not by way of limitation, it is understood that plans and specifications are not approved for engineering design, and by approving such plans and specifications neither Declarant, the Committee, nor any Committee member thereof, assumes liability or responsibility therefor, or for any defect in any Structure constructed from such plans and specifications. 16.4 j SECTION 17- GENRRAT,PROVTSTONS 17.01. Term. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be binding on the Association and the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Section above entitled "Amendments",they shall be automatically extended for successive periods of 10 years. 17.02. Owner's Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to.the extent they are not in,conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners of Lots,their successors and assigns. 17.03. Notices. Anyl notice permitted or required by the Project Documents may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 17.04. Notice of Transfer. No later than 15 days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof,the transferee shall notify the Association' in writing of such sale or transfer. Such notice shall set forth: a) the Lot involved; b) the name and address of the transferee and transferor; and, c) the date of close of escrow. Unless and until such notice is given,the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. 17.05. Delivery of Project Documents to Transferee. Prior to the transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by California Civil Code'Section 1368. 17.06. Easements Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration in a deed to said Lot. 17.1 '. 17.07. Termination of and onsihifi of 1)eclaran . If Declarant shall convey all of its right, title and interest in and to the Project to any partnership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or corporation shall be obligated to perform.all such duties and obligations of the Declarant. 17.08. Mergers and Consolidati6ns. To the extent permitted by law, the Association may, participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two-thirds of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty days in advance, and must comply with the annexation provisions contained in Section 3, incorporated herein by reference. 17.09. Limitation of Restrictions on Declarant. Nothing in this Declaration shall be understood or construed to: a) Prevent Declarant, its contractors, or subcontractors from doing on the Project or any Lot,whatever is reasonably necessary or advisable in connection with the completion of said work; or, b) Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts of the Project,such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale, lease,or otherwise;or, c) Prevent Declarant from conducting on any part of the Project its business of completing said work and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise; or, d) Prevent Declarant from maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his Lot or the Common Area. The foregoing limitations of the application of the restrictions to Declarant shall terminate upon the sale of Declarant's entire interest in the Project, or three years after the close of the first escrow, whichever occurs.earlier. Any action taken by Declarant pursuant to any provision of this Section will not unreasonably interfere with the Owners'rights and use of the Project. 17.10. Successor. The rights of Declarant in this Declaration maybe assigned by Declarant to any successor to all or.any part of Declaranfs interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or to a Mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu-of foreclosure. 17.11. SS .veerrability. Should any provision or portion hereof be declared invalid or in conflict with any law within the jurisdiction where this Project is located,the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 17.2 r 17.12. Estoppel Certificate. Within ten days of the mailing or delivery of a written request by any Owner,the Board shall provide the Owner with a written statement containing the following information: a) whether, to the knowledge of the Association, the Owner or the Owner's Lot is in violation of any of the provisions of this Declaration,the Articles,Bylaws or Association Rules; b) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year the request is received; and, c) the amount of any assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any late charges, interest or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by this Declaration, the Articles, Bylaws or Association Rules. 17.13. Conflict with Project Do .im .nts. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Articles,Bylaws and Association Rules.. 17.14. I l slings_. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 17.3 SECTION 187 DTSC'T,OSTIRFS Because of the information included in this Section has been obtained from other sources (e.g. governmental and other public agencies and public records) and is subject to change for reasons beyond the control of Declarant and the Association, the Declarant and the Association undertakes to advise Owners of any changes affecting the disclosures in this Section. Owners should make their own investigations to determine the current status of the matters addressed in this Section. 18.01 No Representation or Warranties.No representation or warranties, express or implied, have been given or made by Declarant, the Association or their agents in connection with the Properties, its physical condition, zoning, compliance with laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a planned residential development, except as expressly provided in this Declaration, as submitted by Declarant to the California Department of Real Estate, or as provided by Declarant to the first Owner of each Lot/Unit. 18.1 IN WITNESS WHEREOF,Declarant has executed this Declaration. DATED: 72004. u6L 1V�7A LLC,a California Limited Liability Company t, By rv1V�? `JMAESUMI Title 18.2 EXHIBIT"A" DESCRIPTION OF PROPERTY S1 JR1FCT TO DECi ARATION All that certain real property situated in the City of Campbell, County of Santa Clara, State of California, described as follows: Lots 1 through 6, inclusive, as shown on the Map entitled "213 W. Rincon Avenue", filed for record ,2004, in Book of Maps, Page , Santa Clara County Records. EXHIBIT"A" State of California) County of Santa Clara) On before me, personally appeared NAME(S)OF SIGNER(S) NAME(S)OF SIGNER(S) ❑ personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ TRUSTEE(S) ❑ CORPORATE OFFICER(S) ❑ SUBSCRIBING WITNESS (Titles) ❑ GUARDIAN/CONSERVATOR ❑ PARTNERS(S) ❑ OTHER: ❑ ATTORNEY-IN-FACT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) I 1 ARTICLES OF INCORPORATION sZ f j i OF 213 W.RINCON AVENUE OWNERS' ASSOCIATION I ARTICL. . 1,NAME, ° The name of this corporation is 213 W.RINCON AVENUE OWNERS' ASSOCIATION. I ARTICLE 2- AGENT FOR SERVICE OF PROCESS The name and address in the State of California of this corporation's initial agent for service of process is John Maesumi,3131 S. Bascom Avenue,#100,Campbell,CA 95008. J ARTICLE I PURPOSES OF THE.ASSOCIATION I This corporation is a Nonprofit Mutual Benefit Corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business,for which a corporation may be organized under such law. This corporation is an association formed to manage a common interest development under the Davis-Stirling Common Interest Development Act. The corporation has not yet established a corporate office and has no managing agent. The nine digit ZIP code for the common interest development is C-16_00- - 4 3 and the front street and nearest cross street is Rincon Ave. and Salice Way, respectively. This corporation does not contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it is formed are to provide for management, administration, maintenance, preservation and architectural control of the Residential Lots and Common Area within certain real Property situated in Santa Clara County, California, and to promote the health and welfare of the residents within the Property and any additions thereto as may hereafter be brought within the jurisdiction of this corporation. I ARTICT.F.41 LTMITATION OF POWERS Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this corporation. I i ARTICLE 5-NONPROFIT STATI IS I This corporation is organized solely for nonprofit purposes, pursuant to Section 23701(t) of the Revenue and Taxation Code of the State of California and applicable provisions of the United States Internal Revenue Code, Section 528, as they may be amended from time to time. No part of the net earnings of the corporation shall inure(other than by providing management,maintenance and care of the Property or by a rebate of excess membership dues, fees and assessments) to the benefit of any private Member or individual. 1817 8/25/04 - 1 - I I BYLAWS OF 213 W. RINCON AVENUE OWNERS' ASSOCIATION SECTION 1-NAME AND LOCATION 1.01. The name of the association is 213 W. RINCON AVENUE OWNERS' ASSOCIATION ("Association"). The principal office of the Association shall be in Santa Clara County, California. SECTION 2: DEFINITIONS 2.01. The definitions contained in the recorded Declaration of Covenants, Conditions, and Restrictions of 213 W. Rincon Avenue (herein referred to as the "Declaration") are applicable to the Property and are incorporated herein by reference. SF,CTION I MEMBERS MEETINGS 3.01. Annual Meeting. The first meeting of the Members, whether a regular or special meeting, shall be held no later than six months after the close of escrow on the sale of the first Lot in the Project. The next annual meeting shall be set by the Board. Subsequent regular annual meetings of the Members shall be held within 30 days of the same day of the same month of each year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following,which is not a legal holiday(excluding Saturday and Sunday). 3.02. Special Meetings. A special meeting of the Members of the Association shall be promptly scheduled by the Board in response to: a) The vote of the Board itself; or, b) Written request for a special meeting signed by Members representing at least 5% of the total voting power of the Association. Such special meeting shall be held at a time fixed by the Board not less than 35 nor more than 90 days after receipt of the request. 3.03. Notice and Place of Meeting. Written notice of each meeting of the Members shall be given to Members by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten days but not more than ninety days before the date of such meeting at which Members are required or permitted to take any action. The notice shall be sent to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the nature of the business to be transacted, and that no other business may be transacted. In the case of a regular meeting, such notice shall include those matters which the Board, at the time the notice is given, intends to present for action by the Members. However, any proper matter may be presented at a 1817 8/25/04 - 1 - regular meeting for such action. The notice of any meeting at which a Director is to be elected shall include the names of all nominees at the time the notice is given. The Board shall specify the meeting place, which shall be held within the Project or as close thereto as reasonably possible. Unless unusual conditions exist, Members meetings shall not be held outside of the county in which the Project is situated. 3.04. Quorum. The presence either in person or by proxy, at any meeting,of Members entitled to cast at least a majority of the votes of Members,shall constitute a quorum for any action except as otherwise provided in the Articles, the Declaration, or these Bylaws. The Members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum. This Section and the Section below, entitled "Adjourned Meetings", do not apply to the quorum requirements for the imposition of regular and special assessments. Said quorum requirements are set forth in Section 8 of the Declaration. 3.05. Adjourned Meetings. If a quorum is not present or represented at any meeting, a majority of the Members entitled to vote thereat may, unless otherwise provided by law, adjourn the meeting to a time not less than five days nor more than thirty days from the original meeting date, at which meeting the quorum requirements shall be at least 33-1/3% of the total voting power of the Association. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting, or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to the Members as set forth in Section 3.03. 3.06. Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary before the appointed time of each meeting. Except for an irrevocable proxy permitted by Corporations Code Section 7613(d), every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Lot, or upon receipt of notice by the Secretary of the Board of the death or judicially declared incompetence of such Member prior to the counting of the vote. No proxy shall be valid after the expiration of 11 months from the date thereof unless otherwise provided in the proxy, except that the maximum tern of any proxy, other than an irrevocable proxy permitted by Corporations Code Section 7613(d),shall be three years from the date of execution. Any form of proxy or written ballot distributed by any person to the membership of the Association shall afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted upon, except it shall not be mandatory that a candidate for election to the governing body be named in the proxy or written ballot. The proxy or written ballot shall provide that, where the Member specifies a choice, the vote shall be cast in accordance with that choice. The proxy shall also identify the person or persons authorized to exercise the proxy and the length of time it will be valid. 3.07. Classes of Membership and Voting. The Association shall have two classes of voting Members: Class A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to three votes for each Lot owned. -2- 3.08. Termination of Class ss B Membership. The Class B membership shall be irreversibly converted to Class A membership on the occurrence of whichever of the following events is first in time: a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B Member,or, b) Not later than the second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 3.09. Action Without Meeting. Any action which may be taken by the vote of Members at a regular or special meeting, other than the election of Directors where cumulative voting is required, may be taken without a meeting if done in compliance with Corporations Code Section 7513. If an action is taken without a meeting, the Board shall distribute a written ballot to every Member entitled to vote on the matter. The ballot shall set forth the proposed action, provide an opportunity to specify approval or disapproval of such proposal, and provide a reasonable time within which to return the ballot to the Association. All such written ballots shall be filed with the secretary of the Association and maintained in the Association's records. Approval by written ballot shall be valid only when the number of votes cast by ballot within the time period specified equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. 3.10. Conduct of Members M . .tings. Meetings of the membership of the Association shall be conducted in accordance with the provisions of Section 1363 of the Civil Code. SECTION 4- BOARD OF DIRECTORS- SELECTION,TERM OF OFFiC'F 4.01. Number. The affairs of this Association shall be managed by a Board of three directors who need not be Members of the Association. The first directors shall be appointed by Declarant to serve prior to the first annual membership meeting and election. 4.02. Term of Office. At the first annual membership meeting of the Association the Members shall elect two directors receiving the highest number of votes for terms of two years and one director for a term of one year and at each annual membership meeting thereafter the Members shall elect directors to replace those whose terms have expired for successive terms of two years. 4.03. Removal. Unless the entire Board is removed from office by the vote of Members of the Association, an individual director shall not be removed prior to the expiration of his term of office if the votes cast against that director's removal would be sufficient to elect such director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of directors authorized at the time of the director's most recent election were then being elected. A director who was elected solely by the votes of Members other than Declarant may be removed from office prior to the expiration of that director's term only by the votes of a simple majority of Members other than Declarant. 4.04. Vacancies by Death, Resignation or Removal. In the event of the death or resignation of a director, a successor director shall be selected by a majority of the remaining Members of the Board or by a -3 - sole remaining director, and shall serve for the unexpired term of his predecessor; provided that the successor of a director who was elected by Members of the Association other than the Declarant shall be elected by a vote of Members other than the Declarant. In the event of the removal of a director,a successor director shall be elected as prescribed in Section 5.02. 4.05. Indemnification of Officers and Directors. Each director, officer and committee member shall be indemnified by the Association and the Members against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon such person by judgment or settlement in connection with any proceeding to which such person may be a party,or may become involved,by reason of being or having been a director, officer or committee member of the Association, so long as such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. In this regard, the provisions of Corporations Code Section 7237 shall apply in their entirety. SECTION 5: NOMINATION AND ELECTION OF DIRECTORS 5.01. Nomination. Nomination for election to the Board shall be made by a "nominating conunittee". Notice to the Members of the meeting shall include the names of all those who are nominees at the time the notice is sent. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a chairman, who shall be a Member of the Board, and two or more Members of the Association. The nominating committee shall be appointed by the Board not less than thirty days prior to each annual meeting of the Members, to serve until the close of such annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among nonmembers. All candidates shall have reasonable opportunity to communicate their qualifications to Members and to solicit votes. 5.02. Election of Board. The first election of the Board shall be conducted at the first meeting of the Association. All positions on the Board shall be filled at that election. Voting for the Board shall be by secret written ballot. Cumulative voting in the election of Board Members shall be prescribed for all elections in which more than two positions on the Board are to be filled, subject only to the procedural prerequisites for cumulative voting prescribed in Section 7615 of the Corporations Code. From the first election of the Board and thereafter for so long as a majority of the voting power of the Association resides in the Declarant, or so long as there are two outstanding classes of membership in the Association, not less than 20% of the incumbents on the Board shall be elected solely by the votes of Owners other than the Declarant, in accordance with the following procedure: The collected ballots shall be segregated between ballots cast by Declarant, and ballots cast by other Members. The ballots received from other Members shall be counted first, and the person receiving the greatest number of votes from such Members shall be elected to the Board. The votes of the Declarant shall then be added to the totals and the persons receiving the highest number of votes (other than the person already elected) shall be elected to the remaining positions on the Board. -4- A Board Member who has been elected to office solely by the votes of Members of the Association other than the Declarant may be removed from office prior to the expiration of such Board Members term of office only by the vote of at least a simple majority of the voting power residing in Members other than the Declarant. SECTION 6: MEETINGS OF DIRF,CTORS 6.01. Regular Meetings. Regular'meetings of the Board shall be held quarterly at such place within the Project, and at such hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday, excluding Saturday and Sunday. Notice of the time and place of such meeting shall be posted at a prominent place or places within the Common Area and shall be communicated to the Board members not less than four days prior to the meeting. However, notice of a meeting need not be given to Board members who have signed a waiver of notice or a written consent to the holding of the meeting. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such notice,the Board shall communicate the notice of the time and place of such meeting by any means it deems appropriate. As used in this Section 6,"meeting"includes any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate upon any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, referenced elsewhere in this Section 6. 6.02. Special Meetings. Special meetings of the Board shall be held when called by written notice signed by the president of the Association, or by any two directors other than the president. The notice shall specify the time and place of the meeting and the nature of any special business to be considered. The notice shall be sent to all Directors and posted at a prominent place or places within the Common Area or communicated to all Members in the same manner required for notice of regular meetings not less than four days prior to the scheduled time of the meeting, provided that notice of the meeting need not be given to Board members who have signed a waiver of notice or a written consent to the holding of the meeting. 6.03. Quorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act performed or decision made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. 6.04. F_inergency Meetings. An emergency meeting of the Board may be called by the president of the Association or by any two members of the Board, other than the president, if there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice as required in this section. 6.05. Notice to Members. Members shall be given notice of the time and place of any Board meeting, except for an emergency meeting, at lease four days prior to the meeting. Notice may be given by posting the notice in a prominent place or places within the Common Area, by mail or delivery of the notice to each Lot or Unit in the Project, or by newsletter or similar means of communication. For purposes of the notice requirements, a "meeting" of the Board includes any congregation of a majority of the members of the Board at the same time and place to hear, discuss or deliberate upon any item of business scheduled to be heard by the Board except those matters that may be discussed in executive session. 6.06. Open Meetings. Regular and special meetings of the Board shall be open to all Members of the Association, except for meetings of the Board held in executive session. A reasonable time limit for -5 - all Members of the Association to speak to the Board or before a meeting of the Association shall be established by the Board. This authority to speak shall not apply to Executive Session referenced below. 6.07. Executive Session. The Board may,with the approval of a majority of its members present at a meeting in which a quorum for the transaction of business has been established, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, disciplinary matters, and orders of business of a similar nature. If requested by a Member who may be subject to a fine, penalty or other form of discipline imposed by the Association, the Board shall meet in executive session; and the Member shall be entitled to attend the executive session. The nature of any and all business to be considered in executive session shall first be announced in open session. Any matter discussed in executive session shall be generally noted in the minutes of the Board. 6.08. Action Without Meeting. The Board may take actions_ without a meeting if all of its members consent in writing to the action to be taken. If the Board resolves by unanimous written consent to take action, an explanation of the action taken shall be posted at a prominent place or places within the Common Area within three days after the written consents of all Board members have been obtained. 6.09. Schedule of Monetary Penalties. The Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for violations of the governing documents. The Board shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule in effect. 6.1.0. Minutes of Meetings of Directors. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within thirty days of the meeting. The minutes, proposed minutes, or summary minutes shall be distributed to any Member of the Association upon request and upon reimbursement of the Association's costs for making that distribution. Members of the Association shall be notified in writing at the time that the pro forma budget required in Civil Code Section 1365 is distributed, or at the time of any general mailing to the entire membership of the Association, of their right to have copies of the minutes of meetings of the Board, and how and where those minutes may be obtained. SECTION 77 OFFICERS AND THEIR DUTIES 7.01. Enumeration and Term. The officers of this Association shall be a president and vice-president, who shall at all times be Members of the Board; a secretary; a chief financial officer; and, such other officers as the Board may from time to time by resolution create, who may or may not be Members of the Board. Each officer shall be elected annually by the Board and each shall hold office for one year unless such officer shall sooner resign,or shall be removed, or otherwise be disqualified to serve. 7.02. Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members. -6- 7.03. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may,from time to time,determine. 7.04. Resignation and Removal. Any officer may be removed from office (but not from the Board, if such officer is also a Board Member) by the Board with or without cause. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein,the acceptance of such resignation shall not be necessary to make it effective. 7.05. Filling Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the replaced officer. 7.06. Multiple Offices. The offices of secretary and chief financial officer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to the section on "Special Appointments" in this Section. 7.07. Duties. The duties of the officers are as follows: a) President: The president shall be the chief executive officer of the Association and shall, subject to the control of the Board,have general supervision duties and control of the business and the officers of the Association. The president shall preside at all meetings of the Board; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments; and, shall be designated as one of the officers authorized to co-sign all checks and promissory notes. b) Vice-President: The vice-president shall act in the place and stead of the president in the event of the president's absence, inability or refusal to act, and shall exercise such powers and discharge such duties as may be required of the vice president by the Board. c) Secretary: The secretary shall record the votes and keep at the principal office of the Association the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep at the principal office of the Association appropriate current records showing the Members of the Association together with their addresses; and, shall perform such other duties as required by the Board. d) Chief Financial Officer: The chief financial officer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall be designated as one of the officers authorized to co-sign all checks and promissory notes of the Association; and,shall keep proper books of account. SECTION R_ C'OMMITTF,FS 8.01. The Board shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board shall appoint other committees as deemed appropriate in carrying out its purposes. Chairpersons shall serve at the pleasure of the president, and Members of committees shall serve at the pleasure of the chairperson of each respective committee. All committees shall keep written minutes of their proceedings,report their proceedings to the Board,and file their minutes with the secretary. -7- SECTION 9- BOOKS AND RF,C ORDS 9.01. Inspection by Members. The membership register (including the names and addresses), books of account and minutes of meetings of the Members, of the Board and of committees, shall be made available for inspection and copying by any Member of the Association, or by the Member's duly appointed representative, at any reasonable time and for a purpose reasonably related to the Member's interest as a Member, at the office of the Association or at such other place within the Project as the Board shall prescribe. Minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within thirty days of the meeting and shall be distributed to only Members upon the request and payment of the fee prescribed in Section 9.02(c). At the time the Association's pro forma operating budget is distributed as required by Section 10.03 of the Declaration, or at the time of any general mailing,Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how, at what fee and where those minutes may be obtained and the cost of obtaining such copies. 9.02. Rules for Inspection. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and c) Payment of the cost of reproducing copies of documents requested by a Member. 9.03. Inspection by Directors. Every director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a director includes the right to make extracts and copies of documents at the expense of the Association. 9.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to,those major components which the Association is obligated to maintain. 9.05. Reserve Account Withdrawal Restrictions. The Board shall require at least two signatures for the withdrawal of monies from the Association's reserve accounts, who either shall be Members of the Board or one Member of the Board and one officer who is not a Member of the Board. - 8- SECTION 10- ASSESSMENTS 10.01. As more fully provided in the Declaration, each Member is obligated to pay to the Association Regular Annual and Special Assessments which are secured by a lien upon the Lot against which the assessment is made. Assessments shall be delinquent and bear interest as provided in the Declaration. The Association may bring an action at law against the Owner personally obligated to pay the same or record a"Notice of Delinquent Assessment" and foreclose the lien against the Lot. Interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of a Lot. SECTION 1 1- AMFNDMF,NTS 11.01. Amendment of Bylaws. Prior to close of escrow on the sale of the first Lot,Declarant may amend these Bylaws. After sale of the first Lot, these Bylaws may be amended, at a regular or special meeting of the Members by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of a quorum of the Association and a majority of the votes or written consent of Members other than the Declarant; or where the two class voting structure is still in effect, by vote of a majority of each class of Members. However,the percentage of voting power necessary to amend a specific clause or provision shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. SECTION 127 DISC'TPLINARY PROC'FDI TRFS 12.01. Notice and Hearing, Before disciplinary action authorized under Section 9.02 of the Declaration may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as follows: a) No i . .. The Board shall give written notice to the Owner at least fifteen days prior to the meeting at which the Board will consider imposing disciplinary action. Such notice shall set forth those facts which the Board believes justify disciplinary action, and the date, time and place of the meeting. The notice shall be given personally to such Member or sent by first class mail to the last address of such Member as shown on the records of the Association. The opportunity to address the Board may, at the election of such Member, be oral or in writing and shall occur not less than five days before the effective date of the imposition of fines, suspension of rights or other discipline. The Board shall meet in executive session if requested by the member being disciplined. If the Board imposes discipline on a Member, the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail,within 15 days following the action. b) Hearin g. The hearing shall be conducted in the county in which the Project is located, at a place designated in the notice to the accused Member, by a committee composed of not less than three nor more than five Board Members. The hearing shall be presided over by the President, who shall perform the following duties: i) Read the charges against the subject Member; ii) Require that the charges be verified by testimony of the person or persons making them; -9- iii) Hear any other witnesses against the subject Member; iv) Allow the subject Member to cross-examine each witness following the testimony of that witness; v) Allow the subject Member to make a statement in his or her own behalf; vi) Allow the subject Member to call witnesses in his or her own behalf; and, vii) Allow the Members of the committee conducting the hearing to question the witnesses after they have been questioned by the subject Member. The committee conducting the hearing shall conduct the hearing in good faith and in a fair and reasonable manner. The committee shall have the exclusive power and authority to decide whether or not the proposed disciplinary action will be imposed. c) Decision. The committee shall notify the Owner in writing of its decision within three days of the hearing. The effective date of any disciplinary action imposed by the committee shall not be less than eight days after the date of said decision. In the event Corporations Code Section 7341 is hereafter amended, the amendment will prevail over the provisions incorporated above. SECTION 137 MISCELLANEOUS 13.01. Compensation. No director or officer shall receive compensation for any service he/she may render to the Association. However, any director or officer may be reimbursed for his/her actual expenses, if reasonable, incurred in the performance of his/her duties. 13.02. Fiscal Year. The fiscal year of the Association shall begirt on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the close of escrow on the first sale of a Lot. 13.03. Interpretation. In the case of any conflict between the Articles of Incorporation and these Bylaws,the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws or the Articles,the Declaration shall control. In case any of these Bylaws conflict with the provisions of any California statute,the provisions of said statute shall control. - 10- CERTIFICATION I, the undersigned, the duly elected Secretary of 213 W. Rincon Avenue Owners' Association, a California corporation,do hereby certify that: The within and foregoing Bylaws were adopted as the Bylaws of said corporation on ,2004,and that the same do now constitute the Bylaws of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said corporation on ,2004. Secretary - 11 - RECORDING REQUESTED BY: Alliance Title Company AFTER RECORDING RETURN TO: MZA, LLC 3131 S. Bascom Avenue, #110 Campbell, CA 95008 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 213 W.RINCON AVENUE 1817 8/25/04 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF 213 W.RINCON AVENUE TABLE OF CONTENTS Page SECTION 1. RECITALS 1.1 1.01. Description of Real Property 1.02. Single Phase 1.03. Ownership Interests 1.04. Common Plan for Project SECTION 2. DEFINITIONS 2.1 SECTION 3. PROPERTY RIGHTS 3.1 3.01. Common Area 3.02. Exclusive Use Common Areas 3.03. Partition Prohibited 3.04. Annexation of Additional Property 3.05. Easements 3.06. Owners Easement for Party Wall 3.07. Party Walls 108. Provisions Restricting Delegation of Use SECTION 4. USE RESTRICTIONS 4.1 4.01. Use of Lots 4.02. Garages 4.03. Parking and Vehicle Restrictions 4.04. Burning 4.05. Signs 4.06. Animals 4.07. Trash; Storage of Materials 4.08. Television or Radio Equipment 4.09. Right to Lease 4.10. Window Coverings 4.11. Clotheslines 4.12. Drainage 4.13. Liability of Owners for Damage to Common Area 4.14. Sports Fixtures 4.15. Nuisances 4.16. Compliance with Project Documents 4.17. Sound Transmissions Table of Contents - 1 - SECTION 5: MAINTENANCE OBLIGATIONS 5.1 5.01. Association Maintenance Obligations 5.02. Owners'Maintenance Obligations SECTION 6: ASSOCIATION,ADMINISTRATION,MEMBERSHIP 6.1 AND VOTING 6.01. Association to Manage Project 6.02. Membership 6.03. Transferred Membership 6.04. Classes of Membership and Voting 6.05. Termination of Class B Membership 6.06. Approval of Members Other than Declarant 6.07. Inspection of Books 6.08. Commencement of Voting Rights 6.09. Co-Owner Votes 6.10. Membership Meetings 6.11. Notice and Place of Meetings 6.12. Board of Directors SECTION 7: POWERS,DUTIES AND LIMITATIONS 7.1 OF THE ASSOCIATION 7.01. Powers and Duties of Association 7.02. Property Taxes and Assessments 7.03. Insurance 7.04. Discharge of Liens 7.05. Payment of Expenses 7.06. Prohibited Acts 7.07. Action Requiring Consent 7.08. Disputes Regarding Damage to Property 7.09. Dispute Resolution 7.10. Construction Defect Disputes 7.11. Association's Construction Defect Claims 7.12. Other Disputes Involving Declarant 7.13. Alternative Dispute Resolution Procedures 7.14. Disputes Between the Association and Owner(s) or Between Owners Regarding Enforcement of Governing Documents 7.15. Civil Code Sections 1368.4, 1375, 1375.05 and 1375.1 7.16. Use of Damage Award Amounts 7.17. Miscellaneous 7.18. Inspection and Maintenance Guidelines SECTION 8: ASSESSMENTS 8.1 8.01. Agreement to Pay; Personal Obligation 8.02. Purpose of Assessments 8.03. Assessments of Vacant Lots 8.04. Common Facility Assessment Exemption Table of Contents -2- SECTION 8: ASSESSMENTS (Continued) Page 8.1 8.05. Regular Annual Assessments and Special Assessments 8.06. Quorum 8.07. Individual Charges 8.08. Equal Division of Regular and Special Assessments 8.09. Delinquent Assessments 8.10. Commencement of Assessments and Individual Charges 8.11. Assessment Lien SECTION 9: ENFORCEMENT OF RESTRICTIONS 9.1 9.01. General 9.02. Specific Enforcement Rights SECTION 10: BUDGETS,FINANCIAL STATEMENTS AND 10.1 BANK ACCOUNTS 10.01. Proposed Budget 10.02. Adopt Budget 10.03. Budgets,Financial Statements 10.04. Summary of General Liability and Earthquake and Flood Policies 10.05. Reserves and Reserves Study 10.06. Bank Accounts SECTION 11: INSPECTION OF BOOK AND RECORDS 11.1 11.01. Inspection by Members 11.02. Rules for Inspection by Members 11.03. Inspection by Directors 11.04. Review of Financial Records 11.05. Reserve Account Withdrawal Restrictions SECTION 12: INSURANCE,DESTRUCTION,CONDEMNATION 12.1 12.01. Insurance 12.02. Other Provisions and Limitations 12.03. Damage or Destruction—Association 12.04. Damage or Destruction—Owners 12.05. Condemnation SECTION 13: MORTGAGEE PROTECTIONS 13.1 13.01. Mortgages Permitted 13.02. Priority of Mortgage 13.03. Payment of Taxes or Premiums by Mortgagees 13.04. Effect of Breach 13.05. Mortgagee's Rights 13.06. No Restrictions on Owner's Right to Ingress and Egress Table of Contents -3 - SECTION 13: MORTGAGEE PROTECTIONS(Continued) Page 13.1 13.07. Notices to Mortgagees 13.08. FNMA,FHLMC,FHA,VA Mortgages 13.09. FHANA Approval 13.10. Additional FHA Provisions 13.11. Compliance with FHANA,FHLMC or FNMA Requirements 13.12. Waivers 13.13. Conflicts SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS 14.1 SECTION 15: AMENDMENTS 15.1 15.01. Prior to First Conveyance 15.02. After First Conveyance 15.03. Recordation 15.04. Unanimous Consent for Specific Amendments 15.05. FHA Requirements SECTION 16: ARCHITECTURAL CONTROL 16.1 16.01. General Limitation 16.02. Exemptions 16.03. Architectural Control Committee 16.04. Committee Approval Process—Approval Application 16.05. Review and Approval 16.06. Commencement, Completion of Approved Work 16.07. Inspection,Non-Compliance 16.08. Waiver 16.09. Estoppel Certificate 16.10. Liability SECTION 17: GENERAL PROVISIONS 17.1 17.01. Term 17.02. Owners'Compliance 17.03. Notices 17.04. Notice of Transfer 17.05. Delivery of Project Documents to Transferee 17.06. Easements Reserved and Granted 17.07. Termination of Any Responsibility of Declarant 17.08. Mergers and Consolidations 17.09. Limitations of Restrictions on Declarant 17.10. Successor 17.11. Severability 17.12. Estoppel Certificate 17.13. Conflict with Project Documents 17.14. Headings Table of Contents -4- SECTION 18: DISCLOSURES 18.01. No Representation or Warranties 18.1 EXHIBIT A: DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION Table of Contents -5 - DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF 213 W. RINCON AVENUE THIS DECLARATION is made on the date hereinafter set forth by MZA LLC, a California Limited Liability Company(herein referred to as "Declarant"). SECTION 17 RECITALS 1.01. D s .rintion of Real Property. Declarant is the owner of that certain real property in the City of Campbell, County of Santa Clara, State of California, which is more particularly described on Exhibit"A" attached hereto and incorporated herein. 1.02. Single Phase. Declarant has improved or intends to improve the Project by subdividing and constructing it into five residential Lots improved with dwellings and one common area Lot with improvements("Common Area"). 1.03. Ownership Interests. Each owner shall receive fee title to his/her Lot and a membership in 213 W. Ricon Avenue Owners' Association, which shall hold title to the Common Area, a non-exclusive easement for use, enjoyment, ingress and egress over the Common Area, and such other interests as are provided herein. 1.04. Common Plan for Pro�iect. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, maintenance, restoration and improvement of the Project and interests therein conveyed and to establish thereon a Planned Development. NOW, THEREFORE, Declarant hereby declares that the real property described on Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for improvement of the Property and the division thereof into Lots. Pursuant to California Civil Code Sections 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project. 1.1 SECTION I DEFINITIONS In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "Architectural Control Committee" or "Committee" shall mean the committee created pursuant to the Section or Subsection below entitled "Architectural Control" and which is charged with architectural approval and control of the Improvements within the Property. 2.02. "Architectural Control Guidelines" or "Guidelines" shall mean the written architectural review standards, if any, promulgated by the Architectural Control Committee as provided in the Section or Subsection below entitled"Architectural Control". 2.03. "Articles" shall mean the Articles of Incorporation of 213 W. Rincon Avenue Owners' Association and any amendments thereto. 2.04. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Lot Owner as determined by the Association. 2.05. "Association" shall mean the 213 W. Rincon Avenue Owners' Association, a California non-profit mutual benefit corporation, the members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.06. "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Common Area,which may be adopted by the Board from time to time. 2.07. "Board" or'Board of Directors" shall mean the governing body of the Association. 2.08. "Bylaws" shall mean the Bylaws of the Association, as amended from time to time. 2.09. "City" shall mean the City of Campbell, California, the City in which the Property is located. 2.10. "Common Area" means all real property owned by the Association for the common use and enjoyment of the Owners and shall include, upon conveyance to the Association, the plot of land designated Lot 6, on the Map, and any other Plot of land which may be conveyed to the Association. The Common Area includes all Exclusive Use Common Areas as hereinafter defined. 2.11. "Common Expenses" shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as found and determined by the Board and all sums designated Common Expenses by or pursuant to the Project Documents. 2.12. "Conditions of Approval" shall mean those certain conditions imposed by the City of Campbell,Resolution No. dated ,2004. 2.13. "County" shall mean the County of Santa Clara, California, the County in which the Project is located. 2.1 2.14. "Declarant" shall mean M A LLC, a California Limited Liability Company, its successors and assigns, if such successors and assign are assigned the rights of Declarant pursuant to Section 16.10 hereof or if such successor or assign is a mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.15. "Declaration" shall mean this Declaration, and any amendments, modifications or supplements thereto. 2.16. "Eligible First Mortgagee" shall mean a First Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and the Lot number or address of the Lot it has the mortgage on. 2.17. "Exclusive Use Common Area" shall mean that portion of the Common Area designated for the exclusive use of one or more, but fewer than all, of the owners of separate Lots and which is or will be appurtenant to the separate Lots. 2.18. "Final Public Report" shall mean the final public report issued by the California Department of Real Estate or any successor state agency pursuant to the California Subdivided Lands Act (Business&Professions Code Section 11000,et seq.), as it may be amended from time to time. 2.19. "Improvements" shall mean all structures and improvements on the Project, including, but not limited to,buildings,paving,fences,signs and landscaping. 2.20. "Lot" shall mean any parcel of land shown on the Map, with the exception of the Common Area. 2.21. "Map" shall mean that subdivision map entitled 213 W. Rincon Avenue", which Map recorded 2004, in Book of Maps, Page , of the Official Records of County. Said Map is also described in Exhibit"A" of this Declaration. 2.22. "Member" shall mean a person or entity holding a membership in the Association as provided herein. Each Owner or Co-Owner of a Lot shall be a member. 2.23. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. "First Mortgage" or "First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same Lot or other portion of the Project. A "First Mortgagee" shall include any holder (including FHLMC and FNMA), insurer(including FHA), or guarantor (including VA) of a First Mortgage on a Lot or other portion of the Project. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VA" shall mean the United States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the Project Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. 2.24. "Owner" or "Owners" shall mean the record holder or holders of title, if more than one, to any Lot in the Project. This shall nat include contract sellers or persons or entities having any interest 2.2 merely as security for the performance of an obligation. If a Lot is sold under a recorded contract of sale(or a recorded memorandum of such contract), the purchaser, rather than the fee Owner,shall be considered the "Owner". 2.25. "Party Wall" means any hnprovements that is constructed on the Property line of any two adjoining Lots,a portion of which is located on each of the two adjoining Lots. 2.26. "Project Documents" shall mean and include this Declaration as amended from time to time,the exhibits, if any attached hereto, together with the other basic documents used to create and govern the Project, including the Map,Articles,Bylaws,and Rules and Regulations of the Association. 2.27. "Property", "Properties" or "Project" shall mean the entire real property described on Exhibit"A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.28. "Quorum" shall mean a majority of those entitled to act, except in the case of a quorum necessary for the imposition of regular and special assessments set forth in Section 8. 2.29. "Separate Interest" shall mean a Lot. 2.30. "Subdivided Property" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.31. "Subdivider" shall mean the Declarant. 2.32. "Unit" shall mean a dwelling structure on a Lot. 2.3 SF,CTION I PROPERTY RIGHTS 3.01. Common Area. The Common Area shall be owned by the Association for the use and benefit of the Members. It shall be conveyed to the Association free of money encumbrances prior to or concurrently with the close of escrow of the sale of the first Lot. The Common Area shall be maintained by the Association as provided in Section 5.01. When the Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically reserved over the Common Area in favor of Declarant for common driveway purposes, drainage and encroachment purposes and for ingress and egress from the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. 3.02. Exclusive Use Common Areas. The following described portions of the Common Area referred to as the 'Exclusive Use Common Areas" are hereby set aside and allocated for the exclusive use of the Owner of the Lot to which they are adjacent or appurtenant to: Any driveways, walkways and non- enclosed landscaped areas appurtenant to each Lot. 3.03. Partition Prohibited. The Common Area shall remain undivided as set forth above. Except as provided by California Civil Code Section 1359, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Lot is prohibited. 3.04. Annexation of Additional Property, Additional Property may be annexed to and become subject to this Declaration by the following method set forth in this Section. Upon annexation, additional parcels shall become subject to this Declaration without the necessity of amending individual sections thereof. a) Annexation Pursuant to Approval. Upon approval in writing of the Association, pursuant to vote or written consent of 66-2/3% of the total votes residing in Members other than the Declarant, the Association and the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Declaration of Annexation. Said Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added Property, as are consistent with the scheme of this Declaration. Said Declaration shall include designation of Lots and/or Common Areas for the purpose of this Declaration. b) Effect of Annexation. Assessments collected from Owners in the Property may be expended by the Association without regard to the particular phase from which such assessments came. All Owners shall have ingress and egress to all portions of the Common Area throughout the Property, subject to the provisions of this Declaration,the Bylaws and the Association Rules in effect from time to time. c) QiinlilX of Constriction. Future improvements to the Project shall be consistent with the initial improvements in terms of materials used and quality of construction. 3.1 3.05. Fasements. In addition to any and all other easements contained in this Declaration, the Properties shall be subject to the following easements: a) Owners' Easements. Every Owner shall have a right and nonexclusive easement of enjoyment in and to the Common Area, including ingress and egress to and from his/her Lot.However,such nonexclusive easements shall be subordinate to, and shall not interfere with, exclusive easements over the Exclusive Use Common Area, if any. Each such nonexclusive easement shall be appurtenant to and shall pass with the title to the Lot,subject to the following provisions: i) Section 9 of this Declaration authorizes the Board to impose monetary penalties, temporary suspensions of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the governing instruments,provided that the established procedures are followed for notice and hearing which satisfy the minimum requirements of Corporations Code Section 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Section 12 of the Bylaws. ii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the Members agreeing to such dedication and the transfer has been recorded, provided,however,that no such dedication shall impair the ingress to and egress from any individual Lot. b) Future Exclusive i 1s . Common Areas. The Association may grant an Owner an easement on the Common Area adjacent to the Owner's Lot for the purpose of maintaining a fenced patio area, air conditioning and heating units, a fireplace structure and any other amenity or utility appurtenant to the use of the Lot. c) Easements for Utilities and Maintenance.. Easements over and under the Project for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways and landscaping as shown on the Map, and as may be hereafter required or needed to service the Project, or any annexable Property thereto, are hereby reserved by Declarant and its successors and assigns, including the Association and all utility companies which serve the Project, together with the right to grant and transfer the same. d) Encroachment Easements. Each Lot within the Project is hereby declared to have an easement over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots or Common Area due to minor engineering errors, minor errors in construction, or settlement or shifting of the building, shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. 3.2 e) Entrnr for Repairs. The Board may authorize its agents and employees to enter upon any Lot and/or Exclusive Use Common Area, if any, when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible,to effect emergency repairs or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration. Such entry shall be made with as little inconvenience to the Owner as reasonably practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in case of an emergency, 24 hour advance notice shall be given to the Owner or occupant. f) Association Easement for Front Yard Maintenance. The term "front yard area" herein shall mean and refer to that portion of each Lot which would commonly be referred to as a front yard or side yard. Front yard area shall not include those portions of a Lot which are covered by structural improvements or which are enclosed for the private use of an Owner but shall include any entry walkways. The precise area of each Lot which constitutes front yard area shall be determined by actual location of the Unit and any fence improvements constructed thereon. The Association shall have an easement in and across every front yard area within the Project for the purpose of planting, replanting, watering, cutting, removing or otherwise caring for the landscaping and entry walkways in the front yard area of each Lot as may be reasonably necessary to perform its obligations under this Declaration. 3.06. Owners Easement for Party Wall. Each attached Lot that shares a Party Wall with an adjoining Lot and its Owner is declared to have an easement appurtenant, and the same is granted by Declarant, on, over, and upon such adjoining Lot for such Party Wall, including the right to enter such adjoining Lot to service and maintain such Party Wall and to service, maintain, repair, or replace the improvements constituting such Party Wall. Such entry shall be at reasonable tines after prior notice, except that in case of emergency the right of entry shall be immediate. No Owner shall alter the shape, size, or construction or use any materials different from those used in the initial construction of any such Party Wall without the written consent of the Association. 3.07. Pity Walls. The following provisions shall apply with regard to Party Walls in this development: a) C;eneral Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall . constitute a Party Wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding Party Walls and liability for Property damage due to negligence or willful acts or omissions shall apply thereto. b) Sharing of�R .pair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners on each side of the Party Wall. c) Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty,the Owner on either side of it may restore it,and the other Owner shall contribute one- half of the cost of restoration,without prejudice however,to the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. d) W .a I, .rpro g. Notwithstanding any other provision of this Section, an Owner who by his/her negligent or willful act causes the Party Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 3.3 e) Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. f) Arbitration. If any dispute arises concerning a Party Wall, or under the provisions of this Section, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator,and the decision shall be by a majority of all arbitrators. 3.08. Provisions Restricting Delegation of Ilse. Any Owner may delegate his/her rights of use and enjoyment of the Project, including any recreational facilities, to the members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however,to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, members of the Owner's family; guests, tenants, employees, and invitees shall not be entitled to use and enjoy any of such rights in the Project, including the recreational facilities, while the Owner's Lot is sold to a contract purchaser or rented to tenants. Instead,the contract purchaser or tenants, while occupying such Lot, shall be entitled to use and enjoy such rights, including the recreational facilities, and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Lot. Each Owner, contract purchaser or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Owner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such person bears to the Owner, contract purchaser or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owners for payment of assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or contract purchaser of a Lot shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists against such Owner. 3.4 SECTION 4-IISF.RESTRICTIONS 4.01. . Ilse of Tots. No Lot, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declarant, its successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until three years from the date of closing of the first sale of a Lot in the Project,whichever occurs first. The provisions of this section shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a dwelling, are permitted by local law, are conducted in such a manner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.02. Garages. Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. Garage doors shall be kept closed when not in use. Each Owner shall be entitled to the exclusive use of the driveway serving his/her garage and shall keep said driveway clean and free of debris. 4.03. Parking and Vehicle Restrictions. a) All driveways and garages shall be maintained in a neat and orderly condition and garage doors shall be kept in a closed position except as necessary to permit ingress and egress of vehicles or to clean or work in the garage area. Garages are to be used for the parking of a minimum of two standard passenger vehicles and trucks not to exceed three-quarter tons in load capacity, boats or the storage of items of personal property so long as such storage of personal property will not necessitate or result in the parking of any vehicle on streets or regularly on driveways within the Properties. Furthermore, garages shall not be converted to living quarters or workshops which will preclude the parking of vehicles. b) No vehicle shall be parked or left on any street except within specified parking areas so designated by the Board. c) No motor vehicle shall be constructed, reconstructed or repaired within the Properties, except within an enclosed garage and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however, that the provisions of this subparagraph c)shall not apply to emergency vehicle repairs. d) Campers, boats, trailers and trucks shall only be parked entirely within an Owner's garage so long as such storage will not necessitate or restrict in the parking of any vehicle on streets or regularly on driveways within the Properties approved as to location, screening and design by the Architectural Control Committee. e) Commercial trucks and vehicles that bear signage on the exterior shall not be parked within the Properties, except for purposes of loading or unloading and then for periods not in excess Of four hours. This restriction shall not apply to commercial vehicles involved in construction activities on a Lot or vehicles owned and operated by persons providing services to a Lot or Unit (during the time when the services are being rendered). 4.1 f) The Board shall have the authority to promulgate as part of the Association's rules such further rules and restrictions regarding parking and vehicles within the Properties as may be deemed prudent and appropriate. 4.04. B"�. There shall be no exterior fires whatsoever except barbecue fires located only upon Lots and the Common Area and contained within receptacles designed for such purpose. No Owner or resident shall permit any condition to exist on his or her Lot, including, without limitation, trash piles, or weeds, which create a fire hazard or is in violation of local fire regulations. 4.05. Signs. No sign of any kind shall be displayed to the public view on or from any Lot or any portion of the Project without the approval of the Association,except as follows: a) One sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from a Lot; or, b) Such signs as may be used by Declarant or its assignees in connection with the development of the Project and sale of Lots;or, c) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. 4.06. Animals. No animals, reptiles, rodents, birds, fish, livestock or poultry shall be raised, bred or kept on any Lot or portion of the Project; except that no more than two usual and ordinary household pets such as dogs, cats, fish or birds may be kept, provided that they are not kept, bred or maintained for any commercial purposes, and they are kept under reasonable control at all times. This provision shall not apply to aquarium type fish. Notwithstanding the foregoing, no pets may be kept on the Project which result in an annoyance or nuisance to other Owners. No pets shall be allowed on the Common Area except as may be permitted by Association Rules.No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portion of the Common Area. The Association can prohibit the keeping of any animal that, in the sole and exclusive opinion of the Board,constitutes a nuisance to any other Owner. 4.07. Trash and Storage of Materials. All garbage and trash shall be regularly removed from the Project, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot except for a reasonable time prior to or after collection. All woodpiles or storage piles shall be kept screened and concealed from view of other Lots, streets and Common Areas. Garbage and trash shall be placed for pick up as required by the disposal service and the Association Rules. 4.08. Television or Radio Eguinm .n . No television, video or radio poles, antennae, satellite dishes, cables or other transmission and/or reception fixtures or personal property (individually and collectively the "Antenna Equipment")shall be installed or maintained on any Lot except as follows: a) Authorized Antenna Requirements. Owners are prohibited from installing any antennae on the exterior of a Unit for any purpose except for an "Authorized Antenna"which may be installed so long as the proposed location for such installation is reviewed by the Architectural Control Committee before installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Control Committee may require 4.2 e that the location of the Authorized Antenna be moved so long as such review by the Architectural Control Committee does not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. b) Authorized Antenna Defined. An "Authorized Antenna" means (i) an antenna designed to receive direct broadcast satellite service, including direct-to-home satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (iii) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items(i), (ii),and(iii)above. c) Additional Restrictions. The Association may adopt additional .restrictions on installation or use of Authorized Antenna on an Owner's Lot as part of the Association's rules and regulations so long as such restrictions do not (i) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (ii) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (iii) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers, agents or employees of the Association and other Owners, or for any other safety-related reason established by the Association. Nothing herein shall be construed to restrict in any manner the Board's right to authorize a cable television franchisee or other provider of similar services to provide cable television, radio or other similar services to the Project. 4.09. Right to Tease. No Owner shall be permitted to lease or rent his/her Lot for transient or hotel purposes, which shall include, but not be limited to, rental for any period less than 30 days. All leases must be in writing and be expressly subject to the Project Documents and the Association Rules, and the breach of any provision shall be a default under the lease or rental agreement. Subject to the foregoing restrictions,the Owners of Lots shall have the right to lease the same, provided that the Board is notified of the name of the tenant and the duration of the lease. The Owner shall provide the Lessee with a copy of the Articles,Bylaws,Declaration and any Association Rules. 4.10. Winslow Coverings. Windows shall be covered by drapes, shades or interior shutters and shall not be painted or covered by foil, cardboard or similar materials. All window coverings visible from the Common Area shall be of a material, design and color which, in the opinion of the Board, is compatible with the exterior design and coloration of adjacent portions of the Project. 4.11. Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible from any street or neighboring Lot. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept,stored or operated on any balcony, patio,porch or other exterior area. 4.3 4.12. Drainage. No Owner shall do any act or construct any improvement which would interfere with the natural or established drainage systems or patterns within the Project without the approval of the Board. 4.13. l,iahili of Owners for Damage to Common Area. The Owner of each Unit shall be liable to the Association for all damages to the Common Area and/or Improvements thereon caused by such Owner, or any occupant of his/her Lot or guest, or any pet of such Owner, occupant of his/her Unit or guest, except for that portion of said damage, if any, frilly covered by insurance of the Association. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board. 4.14. Sports Fixtiires. No fixed basketball standards or fixed sports apparatus shall be attached to any Unit or garage or erected on any Lot or within the Common Area, unless the location of the standard or other sports fixture has been approved by the Board. When portable basketball standards are not in use, they shall be stored out of view. The Committee shall have the right to alter this provision at its discretion and without an Amendment to this Declaration. 4.15. Nuisances. No noxious, illegal or offensive activities shall be carried on within any Lot, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Owner's Lot or Common Area, or which would in any way increase the rate of insurance for the Project or for any Lot, or cause any insurance policy to be cancelled or to cause a refusal to renew the same, or which would impair the structural integrity of any building. 4.16. Compliance with Project Documents. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Project Documents and Association Rules. 4.17. Sound Transmissions. No Lot shall be altered in any manner that would increase sound transmissions or reverberations to any adjoining or other Lot, including, but not limited to,the replacement, modification, or penetration of any flooring or floor covering, ceiling, or wall that increases sound transmissions or reverberations to any other Lot. 4.4 s f• SECTION 5-MAINTENANCE OBLIC;ATT)NS 5.01. Association Maintenance Obligations. The Association shall be responsible for maintaining the following in good condition and repair: a) Common Area Improvements. The Association shall maintain or provide for the maintenance of all Common Area improvements, including but not limited to,common access driveway,on- site sewer lines, parking spaces, landscaping, and any utility buildings and utility laterals located within the Common Area. The Association shall also be responsible for major repair of any driveways located on the Common Area serving the individual Lots. Lot Owners shall be responsible for the maintenance of said driveways. b) Landsca in . The Association shall provide gardening services for all the landscaping within the Common Area and the open areas of individual Lots up to the exterior walls or fences of the Lots. The sprinkling systems originally installed on the Common Area in connection with the landscaping improvements shall also be operated and maintained by the Association. c) Exterior Painting. In order to preserve the exterior harmony and appearance of the Project, the Association shall perform all painting and/or staining of the exterior wall surfaces and exterior trim of each Lot and shall repair,repaint or restain the fences and/or walls within the Project. d) Roofs. The Association shall repair and replace the roof of each Lot and garage, as needed. e) Clutters and Downspouts. All gutters and downspouts shall be maintained and replaced as necessary by the Association. f) Fences and Walls. All fences and Walls shall be maintained and replaced as necessary by the Association except any fence separating Lots which are not visible from the Common Area. g) Damage by the Presence of Wood-Destroying Pests. The Association shall bear the costs of repair and maintenance of Common Area and Units damaged by the presence of wood-destroying pests or organisms,and may in turn levy a special assessment to recover such costs. i) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the Association shall be borne by the Owner of the separate interest affected. ii) a) The Association may cause the temporary, summary removal of any occupant for such periods and at such times as may be necessary for prompt, effective treatment of wood-destroying pests or organisms. b) The Association shall-give notice of the need to temporarily vacate a separate interest to the occupants and to the Owners, not less than 15 days nor more than 30 days prior to the date of the temporary relocation. The notice shall state the reason for the temporary relocation,the date and time of the beginning of treatment, the anticipated date and time of termination of treatment, and that the occupants will be responsible for their own accommodations during the temporary relocation. 5.1 c) Notice by the Association shall be deemed complete upon either: (1) Personal delivery of a copy of the notice to the occupants, and sending a copy of the notice to the Owners, if different than the occupants, by first-class mail, postage prepaid at the most current address shown on the books of the Association; or, (2) By sending a copy of the notice to the occupants at the separate interest address and a copy of the notice to the Owners, if different than the occupants, by first-class mail,postage prepaid,at the most current address shown on the books of the Association. (3) For purposes of this section, "occupant" means an Owner, resident,guest, invitee,tenant, lessee,sublessee, or other person in possession of the separate interest. If any of the maintenance or repair work referred to above is necessitated by the willful or negligent acts of the Owner, his/her family, guests or invitees,the costs of such special restoration or repairs shall be chargeable to the Owner as provided in Section 8. 5.02. Owners' Maintenance Obligations. Except for the landscaping and limited exterior maintenance to be performed by the Association as specified above, each Owner shall be responsible for maintaining his/her Lot and Unit including all Improvements and landscaping thereon, in good condition and repair, including specifically: a) Doors. Each Owner shall maintain and repair or replace the entryway door(s) to his/her Lot, provided that any painting or staining shall be in the same color as originally used unless a different color has been approved by the Board. b) .Glass. All windows and sliding glass doors shall be cleaned (outside -as well as inside),repaired and replaced by the individual Owners. c) Appliances and Equines. Each Owner shall be responsible for maintaining, repairing and replacing all appliances within his/her Lot, including air conditioning and heating equipment, water heaters, plumbing and lighting fixtures, or other mechanical equipment servicing his/her particular Lot. d). Utility Connections. Utility lines and connections, including sewer, electrical, plumbing and gas lines, which are located within a Lot and provide service to the Lot, shall be maintained and repaired by the Owner of the Lot in question and/or the utility company involved, rather than by the Association. e) Private Patios, becks and Yards. Subject to any restrictions on planting and grading contained elsewhere in this Declaration, each Owner shall plant, landscape and maintain the patio spaces, decks and yards which are enclosed for private use as part of his/her individual residence area. f) Interior. Each Owner shall maintain the interior of his/her residence and shall be entirely responsible for the painting, decorating, cleaning and maintenance thereof, including all personal property and fixtures therein. 5.2 g) Fences. Any fence which separates the rear or side yard of two Lots which is not visible from the Common Area shall be jointly maintained and replaced by the two Lot Owners sharing said fence. 5.3 SECTION 6: ASSOCIATION, ADMMTSTRATTON,MEMBERSMP ANT)VOTING 6.01. Association to Manage ProjexA. The management of the Project shall be vested in the Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project. 6.02. Membership. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time that Owner's membership in the Association shall automatically cease. '6.03. Transferred Memhershin. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant,and then only to the purchaser in the case of a sale, or Mortgagee in the case of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited transfer is void. Any person or entity acquiring fee title or equitable title to a Lot, whether by reason of a deed from the Owner or through foreclosure, shall within 15 days of acquiring such title, inform the Association in writing of the date such title transferred and the name or names in which title is held. 6.04. Classes of Memh .rshin and Voting. The Association shall have two classes of voting Members, however, voting rights attributable to Units shall not vest until assessments against those Units have been levied against the Association. Class A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, which shall be entitled to three votes for each Lot owned. 6.05. Termination of Class B M .mh .rshin, The Class B membership shall be irreversibly converted to Class A membership upon the occurrence of whichever of the following is first in time: a) When the total outstanding votes held by Class A Members equal the total outstanding votes held by the Class B Member,or, b) The second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. 6.06. Approval of Members Other Than Declaran . With the exception of actions authorized for the Enforcement of Bonded Obligations, no action which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant shall preclude the Declarant from casting votes attributable to subdivision interests which it owns. Where a two class voting structure is in effect,any action requiring the approval by the vote or written assent of a prescribed majority of the Class A voting power shall also require the vote or written assent of a bare majority of the Class B voting power. 6.1 Where a single class voting structure exists, after the conversion of Class B to Class A membership, approval of any action by the vote or written assent of a prescribed majority of the total voting power of Owners other than the Declarant shall also require the approval by vote or written assent of a bare majority of the total voting power of the Association. 6.07. inspection of Books. All Members shall have reasonable access to inspect the books, records and financial statements of the Association, including annual audited financial statements, when such are prepared pursuant to this Declaration and subject to the same. 6.08. Commencement of Voting Rights. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 6.09. Co-Owner Votes. The vote for each Lot may not be cast on a fractional basis. If the Co-Owners of a Lot are unable to agree among themselves as to how their vote shall be cast, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he/she was acting with the authority and consent of all other Owners of the same Lot. If more than one Co-Owner exercises the vote for a particular Lot,their votes shall not be counted and shall be deemed void. 6.10. Membership Meetings. Regular and special meetings of Members and of the Board shall be held with the frequency and at the time and place and in accordance with the provisions of the Bylaws. 6.11. Notice and Place of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days but not more than 90 days before such meeting to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and in the case of a special meeting,the purpose of the meeting. Meetings shall be held within the Project or at a meeting place as close thereto as reasonably possible. 6.12. Board of Directors. The affairs of the Association shall be managed by a Board of Directors, which shall be established and which shall conduct regular and special meetings, according to the provisions of the Bylaws. 6.2 SECTION 7- POWERS,DIJTTFS AND LTMTTATIONS OF THE ASSOC IATTCIN 7.01. Powers and Duties of Association. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereof, the Association and the Board shall have the following powers and duties: a) Delegntion of Powers. To delegate powers to committees, officers or employees of the Association as expressly authorized by the Project Documents. b) Management Agent. To employ a management agent and to contract with independent contractors to perform any part of the duties and responsibilities of the Association, provided that any contract with a firm or person appointed as a managing agent or any other contract providing for services of the developer, sponsor or builder shall not exceed a 1 year term renewable by the parties for successive one year periods and shall provide for the right of the Association to terminate the same at the first annual meeting of the Members of the Association,to terminate the same for cause on 30 days written notice, and either party may terminate without cause and without payment of a termination fee on 60 days written notice. c) Maintenance. To maintain the Project as required by the provisions of this Declaration. d) Supervision. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. e) Assessments, Liens and Fines. To levy and collect assessments and as provided in the Project Documents, impose fines or take disciplinary action against an Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights or rights to use of the facilities on the Common Area, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and hearing procedures shall satisfy the minimum requirements of Corporations Code Section 7341. f) Enforcement of Project Documents. To enforce applicable provisions of the Project Documents for the ownership,management and control of the Project. g) Adoption of Rules. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Project. h) Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by 5% or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names, addresses and classes of membership. 7.1 i) Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary for the Common Area. j) Granting of Easements. To grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. k) Exercise of Easements. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the maintenance authorized herein or for any other purpose reasonably related to the performance by the Association, the Association's agents or employees, or the Board of their responsibilities. 1) Contract,-;. To contract for goods and/or services for the Common Area facilities and interests or for the Association,subject to limitations elsewhere set forth in the Project Documents. m) Limit Number of Guests. To limit the number of an Owner's guests who may use any facilities on the Common Area. n) Title to Common Area. To accept title to the Common Area conveyed to it by Declarant. o) Acquisition of Pronertv. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. p) Rn gets. To prepare budgets and financial statements for the Association as prescribed in this Declaration. q) Legal and Accounting. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the maintenance and operation of the Project and the enforcement of the Project Documents. r) Emergency Rr ._pair. To enter upon any privately owned Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. s) Election of the Officers of the Board. To elect the Officers of the Board. t) Filling Vacancies. To fill vacancies on the Board created by the removal of a Board Member. 7.02. Property Taxes and Assessments. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal property. To the extent not assessed to or paid directly by the Owners,the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Common Area or other Property owned by the Association. 7.2 The Association shall prepare and file annual tax returns with the Federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax liability of the Association. 7.03. Insurance. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. 7.04. Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Owners responsible for the existence of said lien. 7.05. Payment of Expenses. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. 7.06. Prohibited Acts. The Association,through its Board, shall be prohibited from taking any of the following actions, except with the vote or written assent by vote at a meeting of the Association or by written ballot without a meeting pursuant to Corporations Code Section 7513, of a simple majority of the voting power of the Association residing in Members other than the Declarant, constituting a quorum consisting of more than fifty percent (50%) of the voting power of the Association residing in Members other than the Declarant: a) Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptions: i) A management contract,the terms of which have been approved in writing by the Federal Housing Administration or the Department of Veterans Affairs; ii) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; iii) Prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured; iv) Agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which the Declarant has a direct or indirect ownership interest of 10%or more; v) Agreements for sale or lease of burglar alarm and/or fire alarm equipment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which the Declarant has a direct or indirect ownership interest of 10% or more; or, vi) A contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety days written notice of termination to the other party. 7.3 r b) Incurring aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of 5%of the budgeted gross expenses of the Association for that fiscal year; c) Selling during any fiscal year property of the Association having an aggregate fair market value greater than 5%of the budgeted gross expenses of the Association for that fiscal year; d) Paying compensation to Members of the Board or to officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or, e) Filling of a vacancy on the Board created by the removal of a Director. 7.07. Acti_io�niring Consent. The Board shall take the following actions only upon obtaining the consent of Members as follows: a) The Consent of two-thirds of the voting power of the Association residing in Members other than the Declarant so long as the Declarant holds or directly controls at least 25% of the voting power of the Association, and after the Declarant no longer controls 25% or more, the consent of two-thirds of the total voting power of all Members shall be necessary to do the following: i) Borrow money, and only with the assent (by vote or written consent) of two-thirds(2/3)of Members,mortgage,pledge,deed in trust,or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; ii) Dedicate,sell or transfer all of or any part of any interest it may have in the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3)of the Members agreeing to such dedication, sale or transfer, and any sale of all or substantially all of the Association's assets must be in compliance with Section 7.07(b) below; or, iii) Participate in mergers and consolidations with other non-profit corporations organized for the same purpose or annex additional residential property, provided that any merger, consolidation or such annexation shall have the assent by vote of two-thirds (2/3)of Members or by the written consent of such Members,excluding Declarant. b) The consent of 100% of the Members shall be required so long as there is any Lot, parcel, area, apartment or Unit for which the Association is obligated to provide management, maintenance, preservation or control for the Association to do the following: i) Transfer all or substantially all of its assets; or, ii) File a certificate of dissolution. 7.08. Disputes Regarding Damage To Property. Not later that thirty days prior to the filing of any civil action by the Association against the Declarant or Successor of the Project for alleged damage to Common Area or alleged damage to a Unit that arises out of, or is integrally related, to damage to the 7.4 Common Area, the Board shall provide written notice to each Member who appears on the records of the Association at the time notice is given, specifying (a) that a meeting of Members will be held to discuss problems that may lead to the filing of a civil action, (b) the options, including civil actions, that are available to address the problems, and (c)the time and place of the meeting. If the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Association may give the foregoing notice not later than thirty days after the filing of the action. 7.09. Dispute Resolution. Any disputes between all or any of the Association, Owner(s), the Declarant, or any director, officer, partner, employer, contractor, design professional, consultant, subcontractor or agent of the Declarant (collectively "Declarant Parties"), arising under this Declaration or relating to the Properties, shall be subject to the following provisions of this Section 7.09 and the following Sections: 7.10, 7.11, 7.12. 7.10. Construction Defect Dispute-,. 7.10.1. Notice of Construction Claims Statute. California Civil Code 895 et seq., as hereafter amended ("Construction Claims Statute"), delineates standards for how various components of Units should be constructed and function, limits the time frames for bringing various claims against the Declarant to anywhere from one year to ten years (as listed in the Construction Claims Statute) from the close of escrow for the Unit, imposes an obligation on all Owner's to follow Declarant's maintenance recommendations and schedules, or other applicable maintenance guidelines, and establishes a non- adversarial claims resolution procedure that must be followed by an Owner before the Owner can initiate an adversarial claim and proceed to Judicial Reference or Binding Arbitration, as described below. THE CONSTRUCTION CLAIMS STATUTE AFFECTS EACH OWNER'S LEGAL RIGHTS. OWNERS ARE ADVISED TO READ THE STATUTE CAREFULLY AND SEEK LEGAL ADVICE IF OWNER HAS ANY QUESTIONS REGARDING ITS AFFECT ON OWNER'S LEGAL RIGHTS. PURSUANT TO CALIFORNIA CIVIL CODE SECTION 914, DECLARANT IS PERMITTED TO ELECT TO USE ALTERNATE CONTRACTUAL NON-ADVERSARIAL PROCEDURES INSTEAD OF USING THE STATUTORY PRE-LITIGATION PROCEDURES PROVIDED IN THE CONSTRUCTION CLAIMS STATUTE, AND DECLARANT HAS ELECTED TO DO SO. 7.10.2 Owners' Constriction Defect Claims. Prior to the commencement of any legal proceeding by any Owner against Declarant or any Successor thereto based upon a claim for defects in the design or construction of any Unit, Common Area, or any Improvements thereon, the Owner must first comply with the provisions of this paragraph. If at any time during the ten year period following the close of escrow for the original Owner's purchase of such Owner's Unit from Declarant, as such period may be extended by any applicable tolling statute or provision, or any shorter period as provided by applicable law, such Owner believes Declarant has violated any of the standards set forth in the Construction Claims Statute ("Claimed Defect"), which such Owner feels may be the responsibility of Declarant, such Owner shall promptly notify Declarant in writing. Such notice shall be deemed a notice of intention to commence a legal proceeding and shall include: (a) a detailed description of the Claimed Defect, (b) the date upon which the Claimed Defect was first discovered, and (c) dates and times when Owner or Owner's agent will be available during ordinary business hours, so that service calls or inspections by Declarant can be scheduled. Declarant shall, in its sole discretion, be entitled to inspect the applicable property regarding the reported Claimed Defect and, within its sole discretion, shall be entitled to cure such Claimed Defect. Nothing contained in this Section shall obligate Declarant to perform any such inspection or repair, nor shall this Section be deemed to increase Declarant's legal obligations to Owner. Owner's written notice delivered to Declarant shall be a condition precedent to 7.5 Owner's right to institute any legal proceeding and to proceed to Judicial Reference or Binding Arbitration as set forth below, and Owner shall not pursue any other remedies available to it, at law or otherwise, including without limitation the filing of any legal proceeding or action, until Declarant has had the reasonable opportunity to inspect and cure the Claimed Defect. During the term of any written Limited Warranty provided to the original Owner of the Unit by Declarant, any conflict between the provisions of this Section and the Limited Warranty shall be resolved in favor of the Limited Warranty. Declarant shall not be liable for any general, specific or consequential damage, cost, diminution in value or other loss which Owner may suffer as a result or any Claimed Defect in the Unit, which reasonably might have been avoided had the Owner given Declarant the notice and opportunity to cure as described above within a reasonable time of discovering the Claimed Defect. Except as otherwise provided in the written Limited Warranty, if any, provided to Owner, nothing contained herein shall establish any contractual duty or obligation on the part of Declarant to repair, replace or cure any Claimed Defect. If an Owner sells or otherwise transfers ownership of such Owner's Unit to any other person during such ten year period, as such period may be extended by an applicable tolling statute or provision, Owner covenants and agrees to give such other person written notice of these procedures by personal delivery. Owner's continuing obligation under this covenant shall be binding upon Owner and Owner's successors and assigns. a) All Owners who originally purchased a Unit from Declarant were provided copies of certain documents through escrow in conjunction with the purchase of the Unit, including copies of this Declaration, maintenance recommendations from Declarant, maintenance recommendations for manufactured products or appliances included with the Unit, a limited warranty, claim forms, and other documentation relating to the Construction Claims Statute. All Owners are required by the Construction Claims Statute to retain these documents and provide copies of such documents to Owner's successors in interest upon the sale or transfer of such Owner's Unit. b) All Owners are obligated by Section 907 of the Construction Claims Statute to follow Declarant's maintenance recommendations and schedules, including the maintenance recommendations and schedules for manufactured products and appliances provided with the Property, as well as all commonly accepted maintenance practices (collectively, "Maintenance Recommendations"). Per Section 945.5 of the Construction Claims Statute, failure to follow the Maintenance Recommendations may reduce or preclude Owner's right to recover damages relating to such Owner's Unit, which could have been prevented. or mitigated had the Maintenance Recommendations been followed. 7.11. Association's Construction Defect Claims. DECLARANT ELECTS TO USE THE ALTERNATIVE CONTRACTUAL NON-ADVERSARIAL PROCEDURES CONTAINED IN CIVIL CODE SECTION 1375, EXCEPT AS OTHERWISE PROVIDED HEREIN, RATHER THAN THE STATUTORY PRE-LITIGATION PROCEDURES OF THE CONSTRUCTION CLAIMS STATUTE, WITH RESPECT TO CLAIMS BY THE ASSOCIATION. Prior to the commencement of any legal proceeding by the Association against Declarant or any Declarant Party based upon a claim for defects in design or construction of the Common Area, or any Improvements thereon, or any other area within the Project which the Association has standing to make a claim for defects in design or construction, the Association must first comply with all of the applicable requirements of Civil Code Section 1375, as the same may be amended from time to time, or any successor statute thereto. In addition to the requirements of said Section 1375, Declarant shall have an absolute right, but not an obligation, to repair any alleged defect or condition claimed by the Association to be in violation of the standards set forth in the Construction Claims Statute, within a reasonable period of time after completion of the inspection and 7.6 testing provided for in such Section and prior to submission of a settlement offer under such Section. If the parties to such dispute are unable to resolve their dispute in accordance with the procedures established under Civil Code Section 1375, as the same may be amended from time to time, or any successor statute, the dispute shall be resolved in accordance with the Judicial Reference or Binding Arbitration provisions referenced below and the parties to the dispute shall each be responsible for their own attorneys' fees. The Association shall have the power to initiate claims against a Declarant Party for violations of Construction Claims Statute, as soon as the Association has one (1) Class A Member other than Declarant. Upon the written request of any Class A member to the Board of Directors, the Board shall establish a committee consisting exclusively of Class A Member(s) other than Declarant to investigate claimed violations of the standards of the Construction Claims Statute. Upon the committee's determination that cause exists to initiate a claim, the decision of whether to initiate a claim shall be made by a vote of the Class A members other than Declarant. A majority of the votes cast shall be deemed to be the decision of the Association, which the board shall carry out by submitting the necessary claim to Declarant or the appropriate Declarant Party; provided, however,that the vote is either conducted at a properly convened meeting with the requisite quorum in accordance with the provisions of the Bylaws relating to meetings and voting, or the vote was conducted without a meeting in accordance with California Corporations Code Section 7513, as authorized by the Bylaws. 7.12. Other Disputes Involving Declarant. Any other disputes arising under this Declaration, or otherwise, between the Association or any Owner and Declarant or any Declarant Party (except for any action taken by the Association against Declarant for delinquent assessments and any action involving enforcement of any completion bonds) shall be resolved in accordance with the Alternate Dispute Resolution provisions provided below. 7.13. Alternative Dispute Resolution Procedures. The following procedures provide for resolution of disputes through general judicial reference or, in the alternative, binding arbitration. In either event, Declarant, the Association and each Owner of a Unit within the Project, expressly acknowledge and accept that they are waiving their respective rights to a jury trial. 7.13.1. Judicial Reference. Subject to compliance with the provisions of all of the above Subsections to the extent applicable, it is the intention of Declarant that, except as otherwise expressly provided herein, any and all disputes, based upon which litigation is filed, shall be resolved by judicial reference under California law. Accordingly, except as otherwise expressly provided in this Declaration (such as the collection of delinquent assessments), any dispute, between the Association or any Owner(s) and the Declarant, or Successor, or between the Association and any Owner with respect to the interpretation of any of the provisions of this Declaration, or with respect to any alleged breach hereof, or with respect to any other claim related to a Unit or the Common Area, including, without limitation, any alleged latent or patent construction or design defect in the Project, any Unit or any part thereof, any alleged violation of the standards set forth in the Construction Claims Statute, any judicial determination to be made under California Civil Code Section 1375(h), or for alleged damage to the Common Area, or alleged damage to Units that arises out of,or is integrally related to the Common Area shall be heard by a referee pursuant to the provisions of California Code of Civil Procedure Sections 638 through 645.1. Notwithstanding any other provision of this Declaration, this Article shall not be amended without the written consent of Declarant. In the event litigation is filed based upon any such dispute, the following shall apply: a)The proceeding shall be brought and held in the County in which the Project is located, unless the parties agree to an alternative venue. 7.7 b) The parties shall use the procedures adopted by JAMS for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties). c) The referee must be a retired judge or a licensed attorney with substantial experience in relevant real estate matters. d) The parties to the litigation shall agree upon a single referee who shall have the power to try any and all of the issues raised, whether of fact or of law, which may be pertinent to the matters in dispute, and to issue a statement of decision thereon to the court. Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the reference services, or, if no entity is involved, by the court with appropriate jurisdiction in accordance with California Code of Civil Procedure Sections 638 and 640. e) The referee shall be authorized to provide all remedies available in law or equity appropriate under the circumstances of the controversy. f)The referee may require one or more pre-hearing conferences. g) The parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge. h) A stenographic record of the trial shall be made. i) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable. j) The referee shall have the authority to rule on all post-hearing motions in the same manner as a trial judge. k) The parties shall promptly and diligently cooperate with each other and the referee and perform such acts, as may be necessary for an expeditious resolution of the dispute. 1) Except as otherwise agreed by the parties or as required by applicable law, neither the Association nor any Owner shall be required to pay any fee of the Judicial Reference proceeding except to the extent of the cost that would be imposed upon the Association or Owner if the dispute had been resolved as a dispute in court. The referee may not award against the Association or any Owner any expenses in excess of those that would be recoverable as costs if the dispute had been litigated to final judgment in court. Each party to the Judicial Reference proceeding shall bear its own attorney fees and costs in connection with such proceeding. m) The statement of decision of the referee upon all of the issues considered by the referee shall be binding upon the parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk,judgment may be entered thereon. The decision of the referee shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action that may be brought by any of the parties. 7.8 7.13.2. Binding Arbitration of Disputes. If for any reason the Judicial Reference procedures above are legally unavailable or unenforceable at the time a dispute would otherwise be referred to judicial reference, then such dispute shall be submitted to binding arbitration under the rules and procedures in this Section. Any dispute submitted to binding arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Construction Industry Arbitration Rules in effect on the date of the submission. If such entity is not then in existence, then the dispute shall be submitted to JAMS, and administered in accordance with either the Streamlined Arbitration Rules and Procedures, or (if applicable) the Comprehensive Arbitration Rules of JAMS. Any judgment upon the award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction over such dispute. If the claimed amount exceeds $250,000.00 or includes a demand for punitive damages, the dispute shall be heard and determined by three arbitrators. Otherwise, unless mutually agreed to by the parties, there shall be one arbitrator. Arbitrators shall have expertise in the area(s) of dispute, which may include legal expertise if legal issues are involved. All decisions concerning the arbitrability of any dispute shall be decided by the arbitrator(s). At the request of any party, the award of the arbitrator(s) shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. a) Annlicability of Federal Arbitration A .t. The Binding Arbitration procedures contained above are implemented for the Project in accordance with the philosophy and intent of the Federal Arbitration Act (9 U.S.C. Section 1 et seq.) ("FAA"), which is designed to encourage the use of alternative methods of Dispute Resolution and avoid costly and potentially lengthy traditional court proceedings. The Binding Arbitration procedures in said Section are to be interpreted and enforced as authorized by the FAA. Parties interpreting this Section shall follow the federal court rulings, which provide among other things that: (1) the FAA is a congressional declaration of liberal federal policy favoring alternate dispute resolution notwithstanding substantive or procedural state policies or laws to the contrary; (2) alternate dispute resolution agreements are to be rigorously enforced by state courts; and (3) the scope of issues subject to alternate dispute resolution are to be interpreted in favor of alternate dispute resolution. 7.14. Disputes Between the Association and Owner(s) or Between Owners Regarding Enforcement Of Project Documents. In the event of a dispute between the Association and an Owner, or between an Owner and another Owner, relating to the enforcement of the Project Documents of the Association, the parties shall comply with the provisions of California Civil Code Section 1354(b) through 0), prior to filing of any civil action. 7.15. Civil Code Sections 1369.4, 13751 1375.05 and 1175 1. Nothing contained herein shall be deemed a waiver or limitation of the provisions of California Civil Code Sections 1368.4, 1375, 1375.05, or 1375.1. 7.16. 11se of Damage Award Amounts. Any and all amounts awarded to a claimant on account of a claimed construction or design defect in the Project, or damage suffered as a result thereof, shall be expended by such claimant for the attorney fees and costs of the proceeding and the repair, rehabilitation, or remediation of the claimed defect or damage. 7.17. Miscellaneous. Nothing in this Section shall constitute a waiver of any of the benefits of the Statute of Limitations or equitable defense of any party. Furthermore, notwithstanding any other 7.9 provision of this Declaration, this Section may not be amended without the prior written consent of the Declarant. 7.18. Inspection and Maintenance Guidelines. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the Common Area improvements and landscaping, including, but not limited to, foundations, building roofs, exteriors, gutters, down-spouts and down-spout connections, drainage, deck drains, decks, wall surfaces, trim, roofs, window caulking, utility equipment maintained by the Association, streets, parking areas, any and all recreational facilities, and the irrigation system. The Board periodically and at least once every two years, shall review and update the inspection and maintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 7.10 SECTION R_ ASSESSMENTS 8.01. Agreement to Pay; Personal Obligation. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed thereto, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: a)Regular Annual Assessments; b) Special Assessments for capital improvements or unusual expenses to be established and collected as hereinafter provided (Regular Assessments and Annual Assessments are for convenience of reference collectively referred to as "Assessments"); and, c) Individual Charges levied against an individual Owner,to be established and collected as provided in this Declaration and in the other Project Documents. All Assessments and Individual Charges,together with any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Individual Charges, shall be the obligation of the Owner of such Lot at the time when the Assessments or Individual Charges fell due. If more than one person or entity was the Owner of a Lot at the time the Assessments or Individual Charges fell due, the obligation to pay each Assessment and Individual Charge shall be joint and several. The obligation for delinquent Assessments and Individual Charges shall not pass to any transferee unless expressly assumed by him/her. No Owner may exempt him/herself from liability for his/her Assessments or Individual Charges obligation by waiver of the use or enjoyment of any of the Project. If an Owner has a dispute with the Association regarding an assessment levied by the Association,the Owner may pay the assessment under protest in accordance with the procedures set forth in Civil Code section 1366.3 or any successor statute thereto. 8.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is authorized or obligated to perform as described in this Declaration. 8.03. Assessments of Vacant Tots. Notwithstanding the foregoing, Declarant and any other Owner of a Lot which does not include a structural improvement for human occupancy shall be exempt from the payment of that portion of any Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and the use of the structural improvement. The exemption shall include, but shall not necessarily be limited to: a) Roof replacement; b) Exterior maintenance; c) Walkway and parking area lighting; d) Refuse disposal; e) Cable television; f) Domestic water supplied to living units, and g) Front Yard landscape maintenance. Any exemption from the payment of assessments shall be in effect only until the earliest of the following events: a) A Notice of Completion of the structural improvements has been recorded; b) Occupation or use of the dwelling unit;or, 8.1 c) Completion of all elements of the residential structures which the Association is obliged to maintain. 8.04. Common Facilihr Assessment Exemption. The Declarant and any other Owner of a Lot may be exempted from the payment of that portion of any assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of a common facility that is not complete at the time assessments commence. Any exemption from the payment of assessments shall be in effect only until the earlier of the following events: a) A Notice of Completion of the common facility has been recorded; or, b) The common facility has been placed into use. 8.05. Regular Annual Assessments and Special Assessments. The provisions of this subsection entitled "Regular Annual and Special Assessments" are intended to comply with Civil Code Sections 1366(a) and (b) in effect as of the date of recordation of this Declaration. If said Civil Code sections are amended in any manner, the provisions of this subsection automatically shall be amended in the same manner, provided that if Civil Code Section 1366(b) is repealed and no successor statue is enacted with respect to restrictions on assessments, the provisions of this subsection shall remain in full force and effect. Civil Code sections 1366(a)and(b)may be amended by the State Legislature,and the Board should confirm the current statutory requirements. Regular Annual Assessments shall be payable in equal monthly installments, due on the first day of each month,unless the Board adopts some other basis for collection. Notwithstanding any other provisions contained in this section, the Board may increase assessments necessary for emergency situations pursuant to Section 1366 of the Civil Code. 8.06. Onorum. For the purposes of establishing "Assessments" above, a quorum means more than 50% of the Members of the Association. In addition, any meeting or election of the Association for purposes of complying with the section and the Subsection above entitled "Regular Annual Assessments and Special Assessments" shall be conducted in accordance with Chapter 5 (commencing with Section 7510)of Part 3,Division 2 of Title 1 of the Corporations Code and Section 7613 of the Corporations Code. 8.07. Individual Charges. Individual charges may be levied against a Member as follows: a) As a monetary penalty imposed by the Association as a disciplinary measure for the failure of a Member to comply with the Project Documents; or, b) As a means of reimbursing the Association for costs incurred by the Association for the repair of damage to Common Areas and facilities for which the Member was responsible, or to otherwise bring the Member and his/her Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related to the collection of Assessments) are not enforceable through the lien provisions of the Project Documents. All individual charges shall comply with California Civil Code Section 1366 to the extent that it is applicable. 8.2 8.08. Equal Division of Regular and Special Assessments. Regular and Special Assessments shall be levied against each Lot(and its Owner) equally, based on a fraction, the numerator of which is one and the denominator of which is the total number of Lots in the Project. 8.09. Delinquent Assessments. Regular and Special Assessments levied pursuant to this Declaration are delinquent 15 days after the date they become due. If an assessment is delinquent, the association may recover all of the following: a) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney's fees. b) A late charge not exceeding ten percent of the delinquent assessment or ten dollars, whichever is greater. c) Interest on all sums imposed in accordance with this section, including the delinquent assessment, reasonable costs of collection, and late charges, at an annual percentage rate not to exceed ten percent interest, commencing thirty days after the assessment becomes due. 8.10. Commencement of Assessments and individual Charges. The right to levy Assessments and Individual Charges shall commence as to all Lots on the close of escrow for the first conveyance of a Lot. Regular Assessments shall commence as to all Lots the first day of the month following the first conveyance of a Lot under authority of a Final Public Report. Thereafter, Regular Assessments shall be levied on the first day of each month. 8.11. Assessment Lien. Each delinquent Assessment or installment shall be a charge and a continuing lien upon the Lot against which each Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment, subject to any costs of collection (including attorney's fees), late charges,and interest,by taking the following steps: (a) At least 30 days prior to recording a lien upon the Owner's Lot to collect a delinquent assessment, the Association shall notify the Owner in writing by certified mail of the following ("Delinquency Notice".): (1) A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount, a statement that the Owner of the Lot has the right to inspect the Association records pursuant to section 8 333 of the Corporations Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". (2) An itemized statement of the charges owed by the Owner including items on the statement which indicate the amount of any delinquent assessments, the fees and reasonable costs of collection,reasonable attorneys' fees, and any late charges and interest if any. (3) A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the assessment was paid on time to the Association. (4)The right to request a meeting with the Board. 8.3 (b) Any payments made by the Lot Owner toward the delinquent assessment shall first be applied to the assessments owed; and only after the assessments owed are paid in full shall the payments be applied to the fees and the costs of collection, attorney's fees, late charges and/or interest. When an Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. The Association shall provide a mailing address for overnight payment of assessments. (1) An Owner may dispute the delinquent assessment no later than 15 days of the postmark of the Delinquency Notice by submitting either personally or by mail to the Board a written explanation of the reason(s) for his or her dispute. The Board shall respond to the Owner within 15 days of the explanation. (2) An Owner may submit a written request to meet with the Board to discuss a payment plan for the delinquent assessment, The Association shall provide the Owners the standards for payment plans if any exist. The Board shall meet with the Owner in executive session within 45 days of the postmark of the request, if the request is mailed within 15 days of the date of the postmark of the Delinquency Notice. If there is no regularly scheduled Board meeting within that period, the Board may designate a committee of one or more Members to meet with the Owner. (c) The amount of the assessment, plus any costs of collection, late charges and interest assessed, shall be a lien on the Owner's Lot from and after the time the Association causes to be recorded With the County recorder of the County in which the Lot is located a notice of delinquent assessment. Said notice shall state the amount of assessment and other sums imposed in accordance with Civil Code Section 1366, a legal description of the Owner's interest in the Project against which the assessment and other sums are levied, and the name of the record owner of the Owner's interest in the Project against which the lien is imposed in order for the lien to be enforced by nonjudicial foreclosure, (as provided herein). The notice of delinquent assessment shall state the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice of delinquent assessment shall be signed by any officer of the Association or by the person designated by the Association for that purpose, and mailed in the manner set forth in Civil Code Section 2924b to all record owners of the Owner's interest in the Project no later than 10 calendar days after recordation. Within 21 days of the payment of the sums specified in the notice of delinquent assessments, the Association shall record or cause to be recorded in the office of the County recorder a lien release or notice of rescission and provide the Owner of a copy of the lien release, or a notice that the delinquent assessment has been satisfied. A monetary charge imposed by the Association: (i) as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Area Improvements or landscaping for which the Member or the Member's guests or tenants were responsible; or(ii) as a disciplinary measure for failure of a Member to comply with the governing instruments (except for the late payments), may not be characterized nor treated as an assessment that may become a lien against the Member's Lot enforceable by the sale of the interest under Civil Code Sections 2924,2924b and 2924c. (d) A Lien created herein shall be prior to all other liens recorded subsequent to the notice of assessment, except as described in the Section entitled "Insurance, Destruction, Condemnation". 8.4 � e (e) Subject to the limitations of this Section, after the expiration of 30 days following the recording of a lien therein created, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment, or sale by a trustee substituted pursuant to Civil Code section 2934a. Any sale by the trustee shall be conducted in accordance with Civil Code Sections 2924, 2924b and 2924c applicable to then exercise of powers of sale in mortgages and deeds of trusts. The fees of a trustee may not exceed the amounts prescribed in Civil Code Sections 2924c and 2924d. (f) If it is determined that a lien previously recorded against a Lot was recorded in error,the party who recorded the lien, within 21 calendar days, shall record or cause to be recorded in the office of the County recorder in which the notice of delinquent assessment is recorded, a lien release or notice of rescission and provide the Lot Owner with a declaration that the lien tiling or recording was in error and a copy of the lien release or notice of rescission. (g) If the .Association fails to comply with the procedures set forth in this Section, prior to recording a lien, the Association shall recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the Lot Owner. The provisions of this Section are intended to comply with the requirements of Civil Code Section 1367.1 in the effect as of January 1, 2003. If these sections are amended or rescinded in any manner the provisions of this Section automatically shall be amended or rescinded in the same manner. Civil Code Section 1367.1 may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. 8.5 SECTION 9- ENFORCEMENT OF RESTRICTIONS 9.01. General. The Association or any Owner shall have the right to enforce compliance with the Project Documents in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the liens provided for herein (except that no Owner shall have the right to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys'fees and costs in addition to any other amounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rate permitted by law from the due date, or if advanced or incurred by the Association or any other Owner pursuant to authorization contained in the Project Documents, commencing 15 days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.02. Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 9.01 above, the Association, or its authorized representative, shall have the following rights: a) Fnforcement by Sanctions. i) Limitation. The Association shall have no power to cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of his/her Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to.pay assessments levied by the Association. ii) Disei In inarV Action. The Association may impose monetary penalties, temporary suspensions of a reasonable duration(not to exceed 30 days per violation)of an Owner's rights as a Member of the Association or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing,the Association shall have no right to interfere with an Owner's right of ingress to or egress from his/her Lot. If the Board adopts a policy imposing monetary penalties,the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall distribute a notice of such changes to the Members in the same manner as the schedule of penalties. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(g)presently in effect. If the provisions of section 1363(g) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(g) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. If the Board meets to consider or impose discipline upon a Member,the Board shall notify the Member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at minimum, the date, time, and place of the meeting, the nature of 9.1 the alleged violation for which a Member may be disciplined, and a statement that the Member has a right to attend and may address the Board at the meeting. The Board of the Association shall meet in executive session if requested by the Member being disciplined. In such session, the Member, and, if applicable, the Member's counsel, and the Association's counsel shall be entitled to attend. In addition, the Board may interview witnesses and other appropriate parties to the disciplinary proceeding in executive session. If the Board imposes discipline on a Member, the Board shall provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a Member unless the Board fulfills the requirements of this subsection. The provisions of this paragraph are intended to comply with requirement of Civil Code section 1363(h) presently in effect. If provisions of section 1363(h) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code section 1363(h) may be amended by the State Legislature, and the Board should confirm the current statutory requirements. Before disciplinary action authorized under this sub-section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as set forth in Section 12 of the Bylaws. b) Suit to Collect Delinquent Assessments or Individual Charges. A suit to recover a money judgment for unpaid Assessments or unpaid Individual Charges, together with late charges, interest, costs and reasonable attorneys' fees shall be maintainable by the Association. In the case of unpaid Assessments, such suit shall be maintainable without foreclosing or waiving the lien securing such unpaid Assessments. c) Transfer by Sale or Foreclosure. In a sale or transfer of a Lot, the obligation for delinquent Assessments or Individual Charges shall not pass to the transferee unless expressly assumed by him/her. The sale or transfer of any Lot shall not affect the Assessment lien,nor the right of the Association to impose a lien for Assessments which became due prior to such sale or transfer. However, the sale or transfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a First Mortgage shall extinguish the lien and right to lien for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the First Mortgage or another person, from liability for any Assessments or individual charges thereafter becoming due or from the lien thereof. d) Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the time any Assessment becomes due. 9.2 SECTION 10- BT TDGETS,FINANCIAL STATEMENTS AND BANK AC'C01 TNTS 10.01. Proposed Budget. Not less than 75 days before the beginning of each fiscal year,the Board shall prepare or cause to be prepared, a proposed pro forma budget for the forthcoming fiscal year. Any Owner or Mortgagee may make written comments to the Board with respect to said pro forma operating 1 statement. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shall include adequate reserves for contingencies and for maintenance, repair and replacement of the Common Area improvements, Lots and Association personal property likely to need maintenance,repair or replacement in the future. 10.02. Adopt B_ get. Not more than 75 days nor less than 60 days before the beginning of each fiscal year, the Board shall meet to review the proposed pro forma budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, shall adopt the budget and establish the Regular Assessment for the forthcoming fiscal year. 10.03. Budget,; and Financial Statements. The following financial and related information shall be regularly prepared and distributed by the Board to all Members of the Association in accordance with section 1365 of the Civil Code: a) Budge . A copy of the operating budget shall be annually distributed not less than 45 days and not more than 60 days prior to the beginning of the Association's fiscal year, which shall include all of the following: i) The estimated revenue and expenses of the Association on an accrual basis; ii) A summary of the Association's reserves based on the most recent reserves review or study conducted pursuant to section 1365.5 of the Civil Code, which shall be printed in bold type and include all of the following: (1) The current estimated replacement cost, estimated remaining life and estimated usefid life of each major component. (2) As of the end of the fiscal year for which the study was prepared: (a) The current estimate of cash reserves necessary to repair, replace, restore or maintain the major components; and, (b) The current amount of accumulated cash reserves actually set aside to repair,replace, restore or maintain the major components; and, (3) The percentage that the amount in (b) of subparagraph (2) is to the amount in a)of subparagraph(2). iii) A statement as to whether the Board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component, or to provide adequate reserves therefor; and, 10.1 iv) A general statement setting forth the procedures used by the Board in the calculation and establishment of those reserves to defray the future repair, replacement or additions to those major components for which the Association is responsible. The summary of the Association's reserves disclosed pursuant to paragraph ii)shall not be admissible in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. b) Financial Statements. A review of the financial statements of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statements shall be distributed within 120 days after the close of each fiscal year. In lieu of the distribution of the operating budget referred to in subsection "a)" above entitled "Budget", the Board may elect to distribute a summary of the proforma operating budget to all Members of the Association with a written notice (in at least 10-point bold type on the front page) that the budget is available at the business office of the Association, or at a location within the Project's boundaries, and that copies will be provided upon request and at the expense of the Association. The Association must mail such copies of the pro forma operating budget, by first-class United States mail to any Member requesting same at the expense of the Association, which such copies shall be mailed within five days from receipt of such request. c) Statement of Enforcement Policies. In addition to financial statements, the Board shall annually distribute within 60 days prior to the beginning of the Association's fiscal year, a statement of the Association's policies and practices in enforcing lien right or other legal remedies against Members for default in the payment of regular and special assessments including the recording and foreclosing of liens against Members'Lots. 10.04. Summary of General Liability, Earthquake and Flood Policies. A summary of the Association's General Liability, Earthquake and Flood policies (individually and collectively referred as the "Policy" or "Policies") shall be distributed to all Members within 60 days preceding the beginning of the Association's fiscal year. The summary shall include the following information on the Policies: a) The name of the insurer; b) The type of insurance; c) The Policy limits of the insurance; d) The amount of deductibles, if any; and e) The Association shall, as soon as reasonably practical, notify its Members by first- class mail if any of the Policies have been canceled and not immediately renewed or restored or if there is a significant change,such as a reduction in coverage or limits,or an increase in the deductible for any Policy. This summary shall contain, in at least 10-point boldface type,the following statement: 10.2 "This summary of the Association's policies of insurance provides only certain information as required by subdivision (e) of section 1365 of the Civil Code and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any member, upon request and reasonable notice, may review the Association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association's policies of insurance may not cover your property, including personal property, or real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance brokers or agent for appropriate additional coverage." The provisions of this Sub-section are intended to comply with the requirements of Civil Code Sections 1354(i), 1363.05(e) and 1365 in effect as of the date of recordation of this Declaration. If these Civil Code Sections are amended or repealed in any manner, the provisions of this Sub-section shall be amended or repealed in the same manner. Civil Code Sections 1354(i), 1363.05(e) and 1365 may be amended by the State Legislature,and the Board should confirm the current statutory requirements. 10.05. Reserves and Reserves Study. a) Reserves. Each annual regular assessment shall include a portion for reserves in such amount as the Board in its discretion considers appropriate to meet the cost of the future repair, replacement or additions to the major components that the Association is obligated to maintain and repair. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the Association is obligated to maintain. b) Transfer of Reserves. Notwithstanding the foregoing, the Board may authorize the temporary transfer of money from a reserve fund to the Association's general operating fund to meet short- term cash-flow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reasons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in maintaining the integrity of these funds,and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required herein. The Special Assessment is subject to the Assessment increase restrictions set forth in Subsection 8.4 (entitled "Regular Annual Assessments and Special Assessments") and Civil Code Section 1366(b). The Board may, at its discretion, extend the date the payment on the Special Assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of the Association of that decision in the next available mailing to all Members pursuant to Section 5016 of the Corporations Code, and of the availability of an accounting of those expenses. Unless the governing documents impose more stringent standards,the Association shall make an accounting of expenses related to the litigation on at 10.3 least a quarterly basis. The accounting shall be made available for inspection by Members of the Association at the Association's office. c) Reserve Study. At least once every three years, the Board shall cause to be conducted a reasonably competent and diligent inspection of the accessible areas of the major components which the Association is obligated to repair, replace, restore or maintain as a part of a study of the reserve account requirements of the Project if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the Association, which excludes the Association's reserve account for that, period. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a result of that review. The study shall,at a minimum, include: i) Identification of the major components which the Association is obligated to repair, replace, restore or maintain which, as of the date of the study, have a remaining useful life of less than 30 years; ii) Identification of the probable remaining useful life of the components identified in subparagraph (i) as of the date of the study; iii) An estimate of the cost of repair, replacement, restoration or maintenance of each major component identified in subparagraph(i)during and at the end of its useful life; and, iv) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore or maintain each major component during and at the end of its useful life after subtracting total reserve funds as of the date of the study. As used herein, "reserve accounts" means moneys that the Board has identified for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain; and "reserve account requirements" means the estimated funds which the Board has determined will be required to be available at a specified point in time to repair, replace or restore those major components which the Association is obligated to maintain. The provisions of the Subsection entitled "Reserves and Reserves Study" are intended to comply with the requirements of Civil Code Section 1365.5(c) and (d) presently in effect. If these Civil Code Sections are rescinded or amended in any manner, the provisions of the Subsection automatically shall be rescinded or amended in the same manner. Civil Code Sections 1365.5(c) and (d) may be amended by the State Legislature,and the Board should confirm the current statutory requirements. 10.06. Bank Accounts. The Association shall deposit all funds collected from Owners pursuant to the Section herein entitled "Assessments" and all other amounts collected by the Association as follows: a) General. All funds shall be deposited in a separate bank account ("General Account") with a bank located in California. The Association shall keep accurate books and records regarding such account. Funds deposited in such account may be used by the Association only for the purposes for which such fiends have been collected. 10.4 b) Reserve. Funds which the Association shall collect for reserves for capital expenditures relating to the repair and maintenance of the Lots and Common Area, and for such other contingencies as are required for good business practice shall, within 10 days after deposit in the General Account, be deposited into an interest bearing account with a bank or savings and loan association selected by the Association, or invested in Treasury Bills or Certificates of Deposit or otherwise prudently invested, which shall collectively be referred to as the "Reserve Account". Funds deposited into the Reserve Account shall be held in trust and may be used by the Association only for the purposes for which such amounts have been collected. 10.5 SECTION 1 1-INSPECTION OF BOOKS AND RECORDS 11.01. Inspectionhy Members. a) Commencing not later than 90 days after the close of escrow of the first Lot in the Project, copies of the documents listed below, as soon as readily obtainable, shall be delivered by the Declarant to the Board of the Association at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of(i)the conveyance of the last subdivision interest covered by a Final Public Report or(ii) three years after the expiration of the most recent Public Report for the Project: (1) A copy of the recorded subdivision Map or Maps for the Project. (2) The deeds and easements executed by the Declarant conveying the Common Area or other interest to the Association,to the extent applicable. (3) The recorded Declaration for the Project, including all amendments and annexations thereto. (4) The Association's filed Articles of Incorporation, and all amendments thereto. (5) The Association's Bylaws and all amendments thereto. (6) All architectural guidelines and all other rules regulating the use of an Owner's interest in the Project or use of the Common Area which have been promulgated by the Association. (7) The plans approved by the local agency or county where the Project is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy. (8) All Notice of Completion certificates issued for Common Area improvements(other than residential structures). (9) Any bond or other security device in which the Association is the beneficiary. (10) Any written warranty being transferred to the Association for Common Area equipment, fixtures or improvements. (11) Any insurance policy procured for the benefit of the Association, its Board or the Common Area. (12) Any lease or contract to which the Association is a party. l 1.1 (13) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. (14) Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Owners or Members of the Association. b) If the Project is phased, commencing not later than 90 days after the annexation of additional phases to the Project, copies of those documents listed under subdivision a) which are applicable to that phase, shall as soon as they are readily obtainable, be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed in Subsection a) shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of(i) the,conveyance of the last subdivision interest covered by a Final Public Report or(ii)three years after the expiration of the most recent Final Public Report for the Project. c) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members,the Board, and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly- appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member at the office of the Association or at such other place within the Project as the Board shall prescribe. d) In the case of the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting and shall be distributed to Members only upon request and payment of the fee prescribed in Section 11.02(c)below. At the time the pro forma operating budget is distributed as required by Section 10 or at the time of any general mailing, Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how and where those minutes may be obtained and the cost of obtaining such copies. 11.02. Rules for Inspection by Members. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and, c) Payment of the costs of reproducing copies of documents requested by a Member. 11.03. Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 11.2 11.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Association's operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institution(s) where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean monies that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to,those major components which the Association is obligated to maintain. 11.05. Reserve Account Withdrawal Restrictions, The Board shall require that at least two signatures be needed for the withdrawal of monies from the Association's reserve account(s), signatures shall be either those of Members of the Board or of one Member of the Board and of one officer who is not a Member of the Board. 11.3 SECTION 12- JNSIJRANCE,DESTRUCTION AND/OR CONDF,MNATION 12.01. Insurance. In addition to other insurance required to be maintained by the Project Documents,the Association,through its Board, shall obtain from generally accepted insurance carriers, and maintain in effect at all times,the following insurance at common expense: a) Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, its officers and directors, and each Owner against any liability incident to the ownership, use or maintenance of the Common Area, any Association maintenance responsibilities on the Lots,and other maintenance obligations of the Association, including, if obtainable,a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than $1,000,000 covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance may include protection against water damage liability, liability for nonowned and hired automobiles, liability for property of others, and such other risks as are customarily covered with respect to projects similar in construction, location and use. Such policy may provide for a reasonable deductible. b) Fire, Casmally and Extended Coverage Insurance. The Association shall also obtain and maintain a policy of fire, casualty and extended coverage insurance for the full insurable replacement value (without deduction for depreciation) of all of the Improvements within the Project (including the Common Area and all Lots). Such policy may provide for a reasonable deductible. The form, content,term of policy, its endorsements and the issuing company shall meet the reasonable standards of all First Mortgagees and shall be consistent with good sound insurance coverage for properties similar in construction, location and use. The policy shall name as insured the Association for the benefit of the Owners and Declarant, as long as Declarant is the Owner of any Lot, and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee described below. c) Individual Fire Insurance Limited. Except as provided in this Section, no Owner shall separately insure his/her Lot against loss by fire or other casualty covered by any insurance carried under Section 12.01(b). If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under policies described above that results from the existence of such other insurance shall be chargeable to the Owner who acquired other insurance, and such Owner shall be liable to the Association to the extent of any such diminution. An Owner may insure his/her personal property against loss. In addition, any improvements made by an Owner to his/her Lot may be separately insured by the Owner, but the insurance is to be limited to the nature of coverage commonly known as "tenant's improvements". All such insurance that is individually carried must contain a waiver of subrogation rights by the carrier as to other Owners,the Association,Declarant and the First Mortgagee of such Lot. d) Trustee. All fire,casualty and extended coverage insurance proceeds payable under Section 12.01 b) above for losses to real property and improvements may be paid to a trustee,to be held and expended for the benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall be a commercial bank, savings and loan or trust company in the county in which the Project is located that agrees in writing to accept such trust. e) Other Insurance. The Board shall purchase and maintain Workers Compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet 12.1 the reasonable requirements of any First Mortgagee. The Board shall also purchase and maintain insurance on personal property owned by the Association, and any other insurance that it deems necessary, that is reasonably required by any First Mortgagee or that is customarily obtained for Projects similar in construction, location and use. f) Adjustment of Tosses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Sections 12.01 a), b) and f). With respect to these sections,the Board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. g) Officer and Director Insurance. The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association(collectively the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law. h) General Provisions. To the extent possible, the Board shall make every reasonable effort to secure insurance policies providing for the following: (i) A waiver of subrogation by the insurer as to any claims against the Board, the manager,the Owners and their respective servants,agents and guests; (ii) That the policy will be primary, even if an Owner has other insurance which covers the same loss; (iii) That no policy may be cancelled or substantially modified without at least ten (10)days prior written notice to the Association and to each First Mortgagee listed as a scheduled holder; (iv) An agreed amount endorsement, if policy contains a coinsurance clause; (v) A guaranteed replacement cost or replacement cost endorsement; and (vi) An inflation guard endorsement. i) Notice of Cancellation. All insurance carried by the Association shall require the insurer to notify any First Mortgagee and Declarant requesting such notice at least 15 days prior to the effective date of any reduction or cancellation of the policy. j) Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the policies is adequate. At least once every three years, the review shall include a replacement cost appraisal of all insurable Common Area Improvements without respect to depreciation. The Board shall adjust the policies to provide the amounts and types of coverage and protection that are customarily carried by prudent owners of similar property in the area in which the Project is situated. k) Payment of Premiums. Premiums on insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association. 12.2 1) Waiver of Subrogation. All insurance carried by the Association, or the Owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, Directors, Officers, Declarant,Owners,occupants of Lots,their family,guests,agents and employees. 12.02. Other Provisions and Limitations: All insurance policies shall be subject to and, where applicable, shall contain the following provisions and limitations: (a) Underwriter: All policies (except earthquake insurance) shall be written with a company legally qualified to do business in the State of California and (i) holding a "B" or better general policyholder's rating and a "6" or better financial performance index rating as established by Best's Insurance Reports, (b) reinsured by a company described in (i), above, or (c) if such a company is not available,the best rating possible or its equivalent. (b) Named Insured: Unless otherwise provided in this Section, the named insured shall be the Association or its authorized representative, as a trustee for the Owners. However, all policies shall be for the benefit of Owners and their Mortgagees, as their interests may appear. (c) Fidelity Bond: A fidelity bond naming the Board, the Owners, the Association and such persons as the Board may designate as obligees, in an amount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation sufficient to meet the reasonable requirements of any First Mortgagee. The fidelity bond shall contain a waiver of any defense based on the exclusion of persons serving without compensation. (d) Authority to Negotiate- Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Board; provided, however,that no Mortgagee having an interest in such losses may be prohibited from participating in any settlement negotiations related thereto. (e) Contribution: In no event shall the insurance coverage obtained and maintained by the Association be brought into contribution with insurance purchased by Owners or their Mortgagees. (f) Term: The period of each policy shall not exceed three years. Any policy for a term greater than one(1)year must permit short rate cancellation by the insureds. (g) Deductible: The policy may contain a reasonable deductible and the amount of the deductible shall be added to the face amount of the policy in determining whether the insurance equals replacement cost. 12.03 Dam ge or Destruction - Association. a) Minor Destruction Affecting Common Area. Notwithstanding Section 12.02(b), the Board shall have the duty to repair and reconstruct the Common Area without the consent of Members and irrespective of the amount of available insurance proceeds or other funds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed 5% of the budgeted gross expenses of the Association for that fiscal year. The Board may levy a Special Assessment for the cost of such repair and reconstruction to the extent insurance proceeds or other funds are unavailable. b) Major Destruction Affecting Common Area. 12.3 i) Destruction; Proceeds Fxce .d 95% of Reconstruction Costs. If there is a total or partial destruction of the Common Area, and if the available proceeds of the insurance carried pursuant to Section 12.01 or other available funds are sufficient to cover not less than 85% of the costs of repair and reconstruction, the Common Area shall be promptly rebuilt unless, within 90 days from the date of destruction, Members then holding at least 75% of the voting power of each class determine that repair and reconstruction shall not take place. ii) Destrpction; Proceeds Tess than 85% of Reconstruction Costs. If the proceeds of insurance carried pursuant to Section 12.01 or other available funds are less than 85% of the costs of repair and reconstruction, repair and reconstruction shall not take place unless,within 90 days from the date of destruction, Members then holding at least a majority of the voting power of Members of each class determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the Board shall execute, acknowledge and record in the office of the County Recorder not later than 120 days from the date of destruction a certificate declaring the intention of the Members to rebuild. iii) Special Assessment to Rebuild. If the determination is made to rebuild pursuant to the above Sections, the Association may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other fiends. iv) Rebuilding Contract. If the determination is made to rebuild, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the least expensive bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. C) Destruction Affecting Tots. i) Duty to Rebuild. If there is a total or partial destruction of a Lot, the affected Lot shall be promptly rebuilt by the Association unless the Association is relieved of the obligation to rebuild by the approval of Members holding at least 75% of the voting power of the Members of each class, including all Owners of Lots within the attached group of Lots (connected by Party Walls) and including the affected Lot. ii) Rebuilding Procad_ m. All insurance proceeds will be paid to the Board as trustee or to any insurance trustee provided for in Section 12.01(d), or be held for the benefit of the Owner and Mortgagee(s)of the affected Lot as their interests shall appear. If the Lot is to be rebuilt, the Board may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. The Lot shall be rebuilt or repaired in substantial conformity to the exterior appearance, design and structural integrity of the Lot prior to the date of destruction. Notwithstanding the foregoing, any Owner of an affected Lot may apply to the Board for reconstruction of his/her Lot in a manner which will provide for an exterior appearance and/or design which is different from that which existed prior to the date of the destruction. Application for such approval shall be made in writing, together with full and complete plans, specifications, maps and working drawings showing the proposed 12.4 reconstruction and the end result thereof. The Board shall grant such approval only if it finds that the reconstructed Lot will be compatible in exterior appearance and/or design with the other Lots in the Project, provides the structural support required to fulfill the Owners Party Wall and roof support obligations and will not impose an unreasonable maintenance burden on the Association. Failure of the Board to approve or reject any such proposed change within 60 days after the date of submission thereof shall be conclusively deemed an approval thereof. If the Board approves such proposed change, the Owner, within 15 days thereafter, shall deposit with the Association, or an insurance trustee, cash or other acceptable security in an amount sufficient to pay the difference between the cost of rebuilding the Lot as it was prior to destruction and the cost of rebuilding it as proposed. When the amount held by the Association or insurance trustee is sufficient to pay the costs of repair and reconstruction, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and reconstruction work to the most reasonable bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of the authorized reconstruction at the earliest possible date. iii) Lot Not to he Rebuilt. If the determination is made not to rebuild a Lot (subject to any agreement among the Owner and Mortgagee(s)of the affected Lot,the Association and other Owners of Lots relieving the Association from the obligation to rebuild it),the insurance proceeds and other funds held for rebuilding the Lot,together with any portion of the reserve funds of the Association reserved for the Lot, shall be distributed to the Owner of the affected Lot and his/her Mortgagee(s) as their interests shall appear. 12.04. Damage nr Destruction — Owners. If all or any portion of a Lot or Residence is damaged by fire or other casualty and the loss is not covered by an insurance policy held by the Association,the Owner of the Improvement shall either (i) restore the damaged Improvements or (ii) remove all damaged Improvement, including foundations, and leave the Lot in a clean and safe condition. Any restoration under (i) preceding must be preformed so that the Improvements are in substantially the same condition in which they existed prior to the damage. Unless extended by the Board, the Owner must commence such work within one hundred twenty days after the damage occurs and must complete the work within one year thereafter. 12.05. Condemnation. a) Condemnation Affecting Common Area i) Sale in Lieu. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Owners and subject to the rights of all Mortgagees, the Common Area, or a portion of it, may be sold by the Board. Subject to Corporations Code Section 8724,the proceeds of the sale shall be distributed in the following order or priority: (1)to the Association,to reimburse it for its condemnation expenses; (2) then to all Owners and their Mortgagees on the same basis as their Regular Assessment obligations and between the Lot Owners and their Mortgagees as their respective interests shall appear. ii) Award. If the Common Area, or a portion of it, is not sold, but is instead taken, the judgment of condemnation shall by its terms apportion the award among the Owners and their 12.5 respective Mortgagees. If the judgment of condemnation does not apportion the award,then the award shall be distributed as provided above. b) Condemnation Affecting Tots. If an action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened,the Owner and the Mortgagees of the affected Lot,as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved for the Lot, shall be released from the applicability of the Project Documents and deemed divested of any interest in the Common Area. r 12.6 SECTION 13_MORTGAGRF.PROTECTIONS 13.01. Mortgages Permitted. Any Owner may encumber his/her Lot,with Mortgages. 13.02. Priori of Mortgage.. Notwithstanding any other provision-of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage.or deed of trust made in good faith and for value as to said Lot or any part thereof. Any lien which the Association may have on any Lot in the Project for the payment of common expense assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any first mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent assessment. 13.03. Payment of Taxes or Premiums by Mortgages. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area, unless such taxes or charges are separately assessed against the Owners, in which case the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may,jointly or singly,also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. 13.04. Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale,trustee's sale or otherwise. 13.05. Mortgagee's Rights. A First Mortgagee's rights shall include, but not be limited to, the following: a) Attend Meetings. Any First Mortgagee, upon written request, shall receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. b) Furnish Information. Any Mortgagee may furnish information to the Board concerning the status of any Mortgage. c) Inspect Books and Records. The Association shall make available to Owners, prospective purchasers and First Mortgagees current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours. If there is no audited financial statement available for the preceding fiscal year, any First Mortgagee should be allowed to have an audited financial statement prepared at its own expense. 13.06. No Restriction on Owner's Right to Ingress and Faesss. Except as allowed in Section 16.09, there shall be no restriction upon any Owner's right to ingress to and egress from his/her Lot, which right shall be perpetual and appurtenant to his/her Lot ownership. 13.07. Notices to Mortgagees. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of the following: a) Any proposed amendment to the Project Documents effecting a change in: 13.1 s i) The boundaries of any Lot or the exclusive use rights appurtenant thereto, if any; ii) The interests in the general or Exclusive Use Common Areas, if any, appurtenant to any Lot or the liability for common expenses appurtenant thereto; iii) The number of votes in the Association appurtenant to any Lot;or, iv) The purposes to which any Lot or the Common Area are restricted. b) Any proposed termination of the legal status of the Project as a planned development. c) Any condemnation or casualty loss which affects either a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. d) Any 60-day delinquency in the payment of Assessments or Individual Charges owed by an Owner subject to a First Mortgage held, insured or guaranteed by such requesting party. e) Any default in the performance by the affected Owner of any obligation under the Project Documents which is not cured within 60 days. f) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. g) Any proposed action which requires the consent of a specified percentage of First Mortgagees as specified in Section 13.08. 13.08. FNMA,FH1.MC,FHA and VA Mortgages. a) Conditions When This Section Applicable. The provisions of this Section 13.08 shall apply if any of the following conditions exist pertaining to First Mortgages on any of the Lots: i) Any First Mortgage is sold or transferred to FNMA; ii) Any First Mortgage is sold or transferred to FHLMC;or, iii) Any First Mortgage is FHA insured or a Veterans Affairs ("VA") mortgage. b) Approval of Material Amendments. The approval of 67% of the total voting power of the Association and 51% or more of the Eligible First Mortgagees (based upon one vote for each first mortgage owned) must be obtained for amendments of a material nature,to the Project Documents. A change to any of the following would be considered as material: i) Voting rights; ii) Assessments,assessment liens or subordination of assessment liens; iii) Reserves for maintenance, repair and replacement of Common Areas or any other portions of the Project which the Association has a duty to maintain,repair and replace; 13.2 • t iv) Responsibility for maintenance and repairs; v) Reallocation of interests in the general or Exclusive Use Common Areas, if any,or rights to their use; vi) Boundaries of any Lot; vii) Convertibility of Lots into Common Areas or vice-versa; viii) Expansion or contraction of the Project or the addition, annexation or withdrawal of property to or from the Project; ix) Insurance or fidelity bonds; x) Leasing of Lots; xi) Imposition of any right of first refusal or similar restriction on a Lot Owner's right to sell,transfer or convey his/her Lot; xii) A decision by the Owner's Association to establish self management when professional management has been required previously by a First Mortgagee; xiii) Restoration or repair of the Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; xiv) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; or, xv) _ Any provisions that expressly benefit First Mortgagees, insurers or guarantors. An addition or amendment to the Project.Documents shall not be considered material if it is for the purpose of correcting technical errors,or for clarification only. If an addition or amendment is not considered as a material change, approval will be implied when a First Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after the proposal is submitted. c) Termination of Legal Status. Except as provided above, any election to terminate the legal status of the Project as a planned development must be approved by at least 67% of the voting power of the Association and 67% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. d) Reallocation of Interests in the Common Area. No reallocation of interests in the Common Area resulting from a partial condemnation or partial destruction of the Project shall be effected without the approval of 51% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. e) Restriction on Certain Changes. Unless at least 66-2/3% of the First Mortgagees (based on one vote for each First Mortgage owned) and 66-2/3% of the Owners other than Declarant have given their prior written approval,the Association shall not: i) By act or omission seek to abandon,partition, subdivide, encumber,sell or transfer the Common Area (the granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or, ii) Change the method of determining the Assessments, or other charges which may be levied against a Lot Owner; or, 13.3 iii) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof,pertaining to the architectural design or the exterior appearance of Lots,the exterior maintenance of Lots,the maintenance of any Common Area Party Walls or common fences and driveways, or the upkeep of lawns and plantings in the Project;or, iv) Fail to maintain fire and extended coverage on insurable Common Area and other portions of the Project which the Association has a duty to insure on a current replacement cost basis in an amount not less than 100%of the insurable value(based on current replacement cost);or v) Use hazard insurance proceeds for losses to any Common Area or other Project improvements for other than the repair, replacement or reconstruction of such Common Area or improvements. f) No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his/her Lot shall not be subject to any"right of first refusal" or similar restriction. g) Foreclasum Eliminates Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot,except for claims for a pro rata share of such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges of all Project Lots,including the mortgaged Lot. h) Mortgage Priority in Case of Distribution. No provision in any Project Document will entitle a Lot Owner or other party to priority over any rights of the First Mortgagee on the Lot pursuant to its Mortgage in the case of a distribution to such Lot Owner of insurance proceeds or condemnation awards for losses to or a taking of the Lot and/or Common Area. i) Working Capital Fund. If required by FHA,VA,FNMA or FHLMC as a condition of qualifying the Project for any mortgage purchase, guarantee or other related program, a working capital fund shall be established for the Project by the contribution to such fund,by the Owners and Declarant,of a sum not to exceed the amount of two months Regular Assessments for each Lot owned. Any amounts paid into this fund should nat be considered as advance payments of regular assessments. Each Lot's share of the working capital fund should be collected at the time the sale of the Lot is closed and then should be transferred to the Association for deposit to a segregated fund. Within 60 days after closing has been held for the first Lot, the Declarant shall pay each unsold Lot's share of the working capital fund to the. Association. The Declarant shall then reimburse itself for this payment from the funds collected at closing when the unsold Lots are sold. j) Taxes Relate Otily to Individual Lots. All taxes, assessments and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Lots and not to the Project as a whole. 13.09. FHANA Ap rn oval. During any period of time that a mortgage on any portion of the Project is held, insured or guaranteed by FHA or VA, and as long as there is a Class B Membership, the following actions shall require the prior approval of FHA or VA: amendment of the Project Documents; annexation of additional property; dedication or mortgaging of the Common Area; or, merger or consolidation of the Association with another corporation. 13.4 13.10. Additional FHA Provisions. If loans secured by mortgages encumbering Lots within the development qualify for mortgage insurance by FHA,the following shall apply: All Owners, tenants and occupants of Lots in the development covenant and agree that the administration of the development shall be in accordance with the terms and provisions of the Regulatory Agreement(FHA Form No. 3278) executed by FHA and the Association and that such tenns and provisions of said Regulatory Agreement shall be fully complied with. To the extent any matters in this Declaration or in the Articles or the Bylaws are in any way inconsistent with any matters in said Regulatory Agreement in effect,then said Regulatory Agreement shall prevail. The right to lease Lots in the development shall be subject to all terms and provisions of said Regulatory Agreement. In the event of any conflict between any of the provisions of this Section and any other provisions of this Declaration,the provisions of this Section shall control. Any provision of this Declaration which confers a power or right upon the FHA or the Federal Housing Commissioner and all of the provisions of the Regulatory Agreement shall be inapplicable whenever there are no Lots where FHA insures the mortgage held by any First Mortgagee. Whenever a notice is required to be sent to a Mortgagee holding an FHA insured mortgage or the approval of the FHA is required, the notice or the request for approval shall be sent to the supervisor of the FHA office that has jurisdiction. If FHA does not respond within 20 days after the notice is mailed or delivered,then the FHA shall be deemed to have approved the request. 13.11. Compliance with FHANA, FHI,MC or FNMA Requirements. Declarant intends that the Project shall comply with all of the requirements of the Federal Housing Administration ("FHA"), the Department of Veterans Affairs ("VA"), the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage Association ("FNMA"). All casualty and liability insurance covering any portion of the Project encumbered by a Mortgage insured by FHA, guaranteed by VA, or held by FHLMC or FNMA, shall therefore conform to the applicable FHANA,FHLMC or FNMA requirements. Declarant and all Lot Owners also agree that in the event the Project or the Project Documents do not comply with the applicable FHANA, FHLMC or FNMA requirements, the Board and each Owner shall take any action or adopt any resolutions required to conform such Project Documents,or the Project,to the FHA/VA,FHLMC or FNMA requirements, subject to the review and approval of the California Department of Real Estate, in accordance with applicable law,so long as the.Department of Real Estate retains jurisdiction. 13.12. Waivers. A Mortgagee may waive any requirement contained in this Declaration as it pertains to such Mortgagee,provided such waiver shall be in writing. 13.13. Conflicts. In the event of a conflict between any of the provisions of this Section 13 and any other provisions of this Declaration,the provisions of this Section 13 shall control. 13.5 SECTION 14- ENFORCEMENT OF BONDED OBLIGATIONS If any Common Area improvements in the Project have not been completed prior to the issuance of the Final Public Report and the Association is obligee under a bond or other arrangement('Bond")to secure performance of the commitment of Declarant to complete such improvements,the Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within 60 days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within 30 days after the expiration of the extension. A special meeting of Members for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held not less than 35 days nor more than 45 days after receipt by the Board of a petition for such meeting signed by Members representing 5% or more of the total voting power of the Association. At such special meeting,a vote of a majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 14.1 SF,CTION 151 AMF,NIDMF,NTS 15.01. Prior to First Conveyance. Prior to close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requirements of Business and Professions Code Sections 11012 and 11018.7. 15.02. After First Conveyance. After conveyance of the first Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association. If only one class of membership exists at the time an amendment is proposed, then it must be approved by at least a. bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. 15.03. Recordation. Any amendment must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 15.04. Unanimous Consent for Specific Amendments. The consent of all Owners shall be required for any amendment of Project Documents effecting a change in: a) the boundaries of any Lot; b) the interest in the common elements pertaining to the Lot or the liability for Common Expenses appertaining thereto; c) the number of votes in the Owners Association appertaining to the Lot;or, d) the fundamental purposes to which any Lot or the common elements are restricted. 15.05. F14A Requirements. Notwithstanding any provision of this Section to the contrary, all requirements of Section 13 must be met in order to effectuate any amendment or revocation pursuant to this Section. 15.1 SECTION 16: ARCHITECTURAL CONTROL 16.01. General Limitation. Subject to the exemptions described below, no Improvement and/or Structure may be constructed, erected, painted, altered or changed on any portion of the Property without the prior written approval of the Architectural Control Committee("Committee"). 16.02. Exemptions. Notwithstanding the subsection above entitled "General Limitation", Committee approval shall not be required for the following: (a) Improvements constructed by, at the direction of, or with the approval of Declarant; (b) normal maintenance of exempt or previously approved Improvements; (c) repair or rebuilding of an exempt or previously approved Improvement; (d) changes to the interior of an exempt or previously approved Structure; (e) work reasonably required to be performed in an emergency for the purpose of protecting any person or property from damage. 16.03. Architectnral Control Committee. a. Mi nher and Apncintm .n . The Committee shall be composed of three members. The initial members shall be appointed by Declarant. Declarant shall have the right to appoint replacements at any time to the Committee for a period of three years from the date of recordation of this Declaration. After the initial three year period, the Committee members shall have the full authority to designate a successor in the event of death or resignation of a member. Except for the power of the Declarant to appoint all members during the initial three year period, at any time thereafter the then record owners of the majority of Lots shall have the power, through a duly recorded written instrument, to change the membership of the Committee. b. Operation. The Committee shall meet from time to time as necessary to properly perform its duties hereunder. A majority of the Committee members may designate a representative of the Committee to act for it. Except as provided elsewhere herein, any decision may be made by the Committee upon an affirmative vote of two-thirds of its members. The Committee shall keep and maintain a record of all actions from time to time taken by the Committee at meetings or otherwise, and shall maintain files of all documents submitted to it. The members of the Committee shall not receive any compensation for services rendered. All members of the Committee shall be entitled to reimbursement from fees collected by the Committee for reasonable expenses incurred by them in connection with the performance of their duties. C. Duties. The Committee may adopt Architectural Control Guidelines("Guidelines") as provided below and shall perform other duties imposed upon it by this Declaration or applicable laws and regulations. d. Address. The address of the Committee shall be determined by resolution of the Committee. Such address shall be the place for the submittal of plans and specifications and the place where current copies of the.Guidelines shall be kept. e. Guidelines. The Committee may, from time to time, adopt or amend Guidelines prospectively. Said Guidelines shall interpret and implement the provisions of this section by setting forth more specific standards and procedures for Committee review. All guidelines shall be in compliance with all applicable laws and regulations of any governmental entity having jurisdiction over Improvements in the Property, shall incorporate high standards of architectural design and construction engineering, shall be in compliance with the minimum standards set forth herein, and otherwise shall be in conformity with the purposes and provisions of this Declaration. A copy of the current Guidelines, if any, shall be available for inspection and copying by any Owner at any reasonable time during customary and normal business hours. 16.1 f. Standards. The following minimum standards shall apply to any Improvements constructed,painted,altered or changed on the Property: (1) All Improvements shall be constructed, painted and changed in compliance with the applicable zoning laws, building codes, this Declaration, and all other laws,ordinances and regulations applicable to Property Improvements. (2) All Lots shall have a minimum of two enclosed parking spaces. (3) All Lots shall be landscaped with a combination of trees, shrubs, ground cover, lawn, natural vegetation, and limited decorative rock, bark, and similar materials. Berming may be utilized so long as it does not disrupt proper drainage within the Property. Landscaping shall be designed so as to compliment, protect and harmonize with the natural terrain, existing trees and vegetation and shall be consistent with generally accepted, customary and conventional landscape designs. Stone, gravel, concrete and similar materials shall be used only for complimentary and supplementary purposes and no Lot shall be covered entirely with such materials. (4) On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director of the City prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. (5) All solar collection devices shall be integrated aesthetically and screened as much as possible from adjacent portions of the Property. (6) In reviewing proposed Improvements for approval, the Committee shall consider at least the following: (a) Does the proposed Improvement conform to the purposes and provisions of the Property Documents? (b) Is the proposed Improvement of a quality of workmanship and materials comparable to other Improvements that are proposed or existing on the Property? (c) Is the proposed Improvement of a design and character which is harmonious with proposed or existing Improvements and with the natural topography in the immediate vicinity? (d) Will the proposed Improvement unreasonably interfere with or otherwise impair the view or solar access of other portions of the Property? 16.04. Committee Approval Process - Approval Application. Any person proposing to construct, paint, alter or change any Improvement on the Property which requires the prior approval of the Committee shall apply to the Committee in writing for approval of the work to be performed and the time schedule for performing such work. The Committee may charge an applicant a reasonable fee for 16.2 application review. In the event additional plans and specifications for the work are required by the Committee, the applicant shall be notified of such requirement within thirty days of receipt by the Committee of his.initial application or the application shall be deemed sufficiently submitted as of that date. If timely notified, the applicant shall submit additional plans and specifications for the proposed work in the form and content reasonably required by the Committee and his application shall not be deemed sufficiently submitted until that date. Such plans and specifications may include, but not be limited to, showing the nature,kind, shape, color, size, materials and location of the proposed work,or the size,species and location of any plants,trees, shrubs and other proposed landscaping. 16.05. Review and Approval. Upon sufficient submission of an application for Committee review, the Committee shall proceed expeditiously to review all of the documents to determine whether the proposed work is in compliance with the provisions and purposes of this Declaration and all Guidelines of the Committee in effect at the time the documents are submitted. In the event the Committee fails to approve an application, it shall notify the applicant in writing of the specific matters to which it objects. In the event the Committee fails to notify the applicant of the action taken by the Committee within thirty-five days after sufficient submission of an application, the application shall be deemed approved. One set of plans as finally approved shall be retained by the Committee as a permanent record. 16.06. Commencement, Completion of Approved Work. Upon receipt of the approval of the Committee, the applicant shall proceed to have the work commenced and diligently and continuously pursued to completion in substantial compliance with the approval of the Committee including all conditions imposed therewith. The approval of the Committee shall be effective for a period of one year after the date of the approval subject to the right of the Committee to provide for a shorter or longer period at the time of its approval, or subsequently to extend the period upon a showing of good cause, and in the event the approved work is not commenced within the effective period of the approval, then the applicant, before commencing any work shall be required to resubmit his application for the approval of the Committee. All approved work shall be completed within six months after the date of commencement, or such other reasonable period specified by the Committee at the time of approval, with the period of time subject to extension by the number of days that work is delayed by causes not under the control of the applicant or his contractor or as otherwise extended by the Committee. Upon completion of approved work, the applicant shall give written notice thereof to the Committee. If for any reason the Committee fails to notify the applicant of any noncompliance within sixty days after receipt of said notice of completion from the applicant,the Improvement shall be deemed to be completed in accordance with said approved plans. 16.07. Inspection, Non-Compliance.. The Committee, or any authorized representative shall have the right during normal business hours, after forty-eight hours notice to the Owner thereof, to enter upon any portion of the Property for the purpose of determining whether or not any work is being performed or was performed in compliance with this Declaration and the Guidelines. If at any time the Committee determines that work is not being performed or was not performed in compliance with this Declaration and the Guidelines, whether based on a failure to apply for or obtain approval, a failure to comply with approval, a failure to timely commence or complete approved 16.3 work or otherwise, the Committee shall notify the owner in writing of such non-compliance specifying the particulars of non-compliance, and demanding that the owner remedy such non-compliance within a reasonable and specified period. In the event that the Owner fails to remedy such non-compliance within the specified period, the Committee shall have the right and duty to remedy the non-compliance in any appropriate manner permitted by this Declaration and the Guidelines, or as otherwise permitted by law or in equity, including but not limited to removing the non-complying Improvement, correcting the non-complying Improvement, completing the non-complying Improvement, or recording a notice of non-compliance or non-completion on the Property, as appropriate. The Owner shall have the obligation to reimburse the Committee for any costs incurred in enforcing these provisions and such costs may be recovered by the Committee in an action of law against such individual Lot Owner. 16.08. Waiver. The approval by the Committee of any plans, drawings or specifications for any Improvements constructed or proposed, or in connection with any other matter requiring the approval of the Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Where unusual circumstances warrant it, the Committee may grant reasonable variances from the architectural control provisions hereof or from the Guidelines. Such variances shall be made on a case-by-case basis and shall not serve as precedent for the granting of any other variance. 16.09. Estoppel Certificate. Within thirty days after written demand is delivered therefor to the Committee by any Owner or Mortgagee, and upon payment to the Committee of a reasonable fee (as fixed from time to time by resolution of the Committee), the Committee shall execute and deliver in recordable form, if requested, any estoppel certificate executed by any two of its members, certifying, with respect to any Lot of said Owner or Mortgagee, that as of the date thereof either(a) all Improvements made and other work done upon or within said Lot comply with the requirements of the Committee and this Declaration, or (b) such Improvements or work do not so comply, in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the basis of such noncompliance. Such statement shall be binding upon the Committee in favor of any person who may rely-thereon in good faith. 16.10. Liam. Neither the Declarant, the Committee, nor any Committee member thereof shall be liable to any Owner or to any third party for any damages, loss, or prejudice suffered or claimed on account of(a) the approval or disapproval of plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Property, (d) the execution and filing of an estoppel certificate pursuant to Section 3.09, or(e)the execution and filing of a notice of noncompliance or noncompletion pursuant to Section 3.07, whether or not the facts therein are correct, if the Declarant, the Committee or such Committee member has acted in good faith on the basis of such information as may be possessed by them. Specifically, but not by way of limitation, it is understood that plans and specifications are not approved for engineering design, and by approving such plans and specifications neither Declarant, the Committee, nor any Committee member thereof, assumes liability or responsibility therefor, or for any — defect in any Structure constructed from such plans and specifications. 16.4 SECTION 177 GENERAL PROVISIONS 17.01. Term. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be binding on the Association and the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Section above entitled "Amendments",they shall be automatically extended for successive periods of 10 years. 17.02. Owner's Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on all Owners of Lots,their successors and assigns. 17.03. Notices. Any notice permitted or required by the Project Documents may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 17.04. Notice of Transfer. No later than 15 days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof,the transferee shall notify the Association in writing of such sale or transfer. Such notice shall set forth: a) the Lot involved; b) the name and address of the transferee and transferor; and, c) the date of close of escrow. Unless and until such notice is given,the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. 17.05. Delivery of Project Documents to Transferee. Prior to the transfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents and such other _. documents and information as are required by California Civil Code Section 1368. 17.06. F,ase►nents Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration in a deed to said Lot. 17.1 17.07. Termination of any Responsibility of Declarant. If Declarant shall convey all of its right, title and interest in and to the Project to any partnership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such partnership, individual or corporation shall be obligated to perform all such duties and obligations of the Declarant. 17.08. Mergers and Consolidations. To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two-thirds of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty days in advance, and must comply with the annexation provisions contained in Section 3, incorporated herein by reference. 17.09. Limitation of Restrictions on Declarant. Nothing in this Declaration shall be understood or construed to: a) Prevent Declarant, its contractors, or subcontractors from doing on the Project or any Lot,whatever is reasonably necessary or advisable in connection with the completion of said work;or, b) Prevent Declarant or its representatives from erecting,constructing and maintaining on any part or parts of the Project, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or, c) Prevent Declarant from conducting on any part of the Project its business of completing said work and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise;or, d) Prevent Declarant from maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the maintenance of any such sign shall not unreasonably interfere with the use by any Owner of his Lot or the Common Area. The foregoing limitations of the application of the restrictions to Declarant shall terminate upon the sale of Declarant's entire interest in the Project, or three years after the close of the first escrow, whichever occurs earlier. Any action taken by Declarant pursuant to any provision of this Section will not unreasonably interfere with the Owners'rights and use of the Project. 17.10. Successor. The rights of Declarant in this Declaration may be assigned by Declarant to any successor to all or any part of Declarant's interest in the Project, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or to a Mortgagee acquiring Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 17.11. SeverabilitV. Should any provision or portion hereof be declared invalid or in conflict with any law within the jurisdiction where this Project is located,the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 17.2 17.12. Estoppel Certificate. Within ten days of the mailing or delivery of a written request by any Owner,the Board shall provide the Owner with a written statement containing the following information: a) whether, to the knowledge of the Association, the Owner or the Owner's Lot is in violation of any of the provisions of this Declaration,the Articles,Bylaws or Association Rules; b) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year the request is received; and, c) the amount of any assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any late charges, interest or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by this Declaration, the Articles, Bylaws or Association Rules. 17.13. Conflict with Project Documents. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents in the following order: Articles,Bylaws and Association Rules. 17.14. Headings. The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 17.3 W � SF,C:TION 191 DTSC:ILOSTJRFS Because of the information included in this Section has been obtained from other sources(e.g. governmental and other public agencies and public records) and is subject to change for reasons beyond the control of Declarant and the Association, the Declarant and the Association undertakes to advise Owners of any changes affecting the disclosures in this Section. Owners should make their own investigations to determine the current status of the matters addressed in this Section. 18.01 NoRepresentation or Warranties.No representation or warranties, express or implied, have been given or made by Declarant, the Association or their agents in connection with the Properties, its physical condition, zoning, compliance with laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a planned residential development, except as expressly provided in this Declaration, as submitted by Declarant to the California Department of Real Estate, or as provided by Declarant to the first Owner of each Lot/Unit. 18.1 Y. IN WITNESS WHEREOF,Declarant has executed this Declaration. DATED: ,2004. L�L 1V'KA LLC,a California Limited Liability Company By M A -JDFNMAESUMI JAP, CG� Title 18.2 V EXHIBIT"A" DESCRIPTION OF PROPERTY StJBIF,CT TO DECLARATION All that certain real property situated in the City of Campbell, Comity of Santa Clara, State of California,described as follows: Lots 1 through 6, inclusive, as shown on the Map entitled "213 W. Rincon Avenue", filed for record ,2004, in Book of Maps, Page , Santa Clara County Records. EXHIBIT"A" �'"0 F'-cAM6�F CAMPBELL V �;-ref _ r 0RCH ARO CITY OF CAMPBELL s Community Development Department March 25,,2004 Akbar Abdollahi 3 13 1 S. Bascom Avenue, Suite 110 Campbell, CA 95008 Re: PLN2003-139/140/141 &PLN2004-11 —213 W. Rincon Avenue Zone Change/Planned Development Permit/Tentative Subdivision/Tree Removal Permit Dear Applicant: Please be advised that at its meeting of March 23, 2004, the Planning Commission took the following actions: 1. Adopted Resolution No. 3544 recommending approval `of a�C ah rige (PLN2003-139) from R-2-S (Multiple Family Residential)to P-D (Planne evelopment); 2. Adopted Resolution No. 3545 recommending approval of a Planned--Development Permit--) (PLN2003-140)to allow the construction of five attached townhome-units;— -- 3. Adopted Resolution No. 3546 recommending approval of(ar Tentative Subdivision Map (PLN2003-141)to allow foctr residential lots and one common drive;and--- 4. Adopted Resolution No. 3547 recommending approval of,a Tree Removal Permit-(PLN2004- 11)to allow the removal of one cedar tree on the above referenced property. This project will be reviewed by Council for approval at its meeting of April 20, 2004. If you have any questions, please do not hesitate to contact me at(408) 866-2140. Sincerely, .cl_ Tim J. Haley Associate Planner cc: Frank Mills, Building Division Masud Maesumi (Property Owner) !ff'd . M man°o, Plla Ttsl 3131 S. Bascom Avenue, Suite 110 Chris Veargason, County Fire Campbell, CA 95008 70 North First Street Campbell, California 95008-1436 TEL 408.866.2140 FAx 408.871.5140 TDD 408.866.2790 i L RESOLUTION NO. 3544 BEING A RESOLUTION OF THE PLANNING COMMISSION-- - C --6E- MPBELL RECOMMENDING APPROVAL O A ZONE CHANGE'LN2003-139) FROM R-2-S (MULTIPLE IDHNTIAL) TO P-D (PLANNED DEVELOPMENT) . ON PROPERTY OWNED BY MR. MASUD MAESUMI LOCATED AT 213 W. RINCON' AVENUE. APPLICATION OF MR. AKBAR ABDOLLAHI. FILE NO. PLN2003-.139. After, notification and public hearing, as specified by law, and after presentation by the Community.Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-139: 1. The proposed P-D zoning designation is consistent with the current Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed density of 11.9 units per gross acre is less than the maximum allowed density range of 14-20 units per gross acre permitted in the Medium Density Residential General Plan land use designation.. 3. Under the R-2-S zoning designation, a 7 unit multi-family dwelling could be constructed on the project site, if all other development standards could be met (i.e. setbacks, parking, etc.). 4. The zoning designation change from R-2-S to P-D does not affect the maximum density range allowed for the property. 5. The zoning designation change from R-2-S to P-D allows for the separate ownership of units as opposed to the development of a multi-family dwelling on a single lot (i.e. apartments). Based upon the foregoing findings of fact, the Planning Commission further.finds and concludes that: 1. The proposed development and uses will clearly result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts which are consistent with the recommended General Plan land use designation of the property. 4. The proposed zoning classification change will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. Planning Commission ResolULlon No. 3544 PLN2003-139—213 W. Rincon Avenue—Zone Change Page 2 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. PASSED AND ADOPTED this 23rd day of March, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Gibbons APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3545 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE IT-Y'OE::--:C-7MPBEL-L-—RECOMMENDING APPROVAL OF A LAND DEVELOPMENT PE_RNIIT (PLN2003-140) TO ALLOW THE-CONSTRUCTION OF--FIVE ATTACHED TOWNHOME UNITS ON PROPERTY OWNED BY MR. MASUD MAESUMI LOCATED AT 213 W. RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. AKBAR ABDOLLAHI. FILE NO. PLN2003-140. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2003-140. 1. The density of the proposed project site is 11.9 units per gross acre, which is less than and consistent with the General Plan land use designation of Low-Medium Density Residential (14-20 units per gross acre). 2. The proposed project is consistent with the Planned Development Zoning Ordinance. 3. The site plan proposes the construction of five townhomes each on individual lots. All of the residences take vehicular access from West Rincon Avenue via an 18-foot wide, common access driveway running along the westerly property line. 4. Private open space is provided for each unit by a private rear yard area. The rear yard areas have a minimum depth of 10 feet and a minimum area of 400 square feet. 5. The project provides 20 off-street parking spaces, where 18 spaces are required. 6. The completed project would consist of five new townhomes with a building coverage of 37.5%, landscaping coverage of 30.5% and paving coverage of 32%. 7. The proposed project will have a floor area ratio of 0.67. 8. The subject property is surrounded by apartment uses to the north, apartments and single- family uses to the west, condominiums to the east and townhome to the south. 9. The proposed massing and design of the buildings are consistent with other developments in the surrounding area and recent townhome developments. 10: The project qualifies as Categorically Exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA). ` Planning Commission Resolu,:r�n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 2 Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed development will result in a more desirable environment and use of the land than would be possible under any other zoning classification. 2. The development will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 3. The proposed development will not result in allowing more residential units than would be allowed by other residential zoning districts, which are consistent with the General Plan designation of the property. 4. The proposed development will not be detrimental to the health, safety or welfare of the neighborhood or the City as a whole. 5. There is a reasonable relationship and a-rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Planned Development Permit (PLN2003-140) to allow the construction of five.attached townhome units on property owned by Mr. Masud Maesumi, located at 213 W. Rincon Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Planned Development Permit to allow the construction of five townhomes located at 213 W. Rincon Avenue. The building design and ` Planning Commission Resolucr:n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 3 site design shall substantially conform to the project exhibits listed below, except as may be modified by the conditions of approval herein: a. Project plans prepared by CB Bassal; and stamped as received by the Planning Division on November 07, 2003, and including a site plan, floor plans, elevations, and conceptual landscape and irrigation plan. b: Color and material board submitted by CB Bassal. c. Tentative Subdivision Map and conceptual Grading and Drainage Plan prepared by, SMP Company Civil Engineer,November 17, 2003. 2. Permit Expiration: The Planned Development Permit is valid for a period of two years from the date of final City Council approval. A building permit must be obtained within this two- year period or the Planned Development Permit shall be.void. 3. Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Final Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. 4. Landscape Plan: The applicant shall submit four sets of a landscape and irrigation plan to the Planning Division, prior to the issuance of building permits, for review and approval by the Community Development Director. The landscape and irrigation plan shall substantially conform with the approved conceptual landscape plan and the City's Water Efficient Landscaping Standards (WELS) and shall include the following: a. Provide a combination of screening shrubs, trees and vines along the driveway. b. All shrubs shall be a minimum five gallon size plant material and all trees shall be a minimum 24 inch boxed container. The replacement trees for the removed cedar tree shall be three 24 inch boxed trees. c. The two large cedar trees along the street frontage shall be retained and protected. 5. Park Impact Fee: A park impact fee of$7,035 per unit is due upon development of the site. Credit in the amount of$10,990,will be given for the existing single-family residence. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Fences: .Any new or existing fencing shall comply with Section 21.59.090 of the Campbell Municipal Code and shall be reviewed and approved by the Community Development Director prior to issuance of any building permits for the project. Any existing fencing to, remain shall be determined to be in good condition by the Community Development Director. Planning Commission ReSOIu[run No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit _Page 4 7. Property Maintenance: The property is to be maintained free of any combustible trash, debris, and weeds until the time that actual construction commences. Any vacant existing structures shall be secured, by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). 8. Utility Boxes and Back-Flow Preventers: The. applicant shall submit a plan prior to installation of PG&E transformers and San Jose Water Company back-flow preventers, indicating the location of the facilities and screening (if the facilities are above ground) for approval by the Community Development Director. 9. On-Site Lighting: On-site lighting shall be shielded away from adjacent properties and directed on site. The design and type of lighting fixtures and lighting intensity of any proposed exterior lighting for the project shall be reviewed and approved by the Community Development Director prior to installation of the lighting for compliance with all applicable Conditions of Approval, ordinances, laws and regulations. Lighting fixtures shall be of a decorative design to be compatible with the residential development and shall incorporate energy saving features. 10. Construction Mitigation Measures: The applicant shall implement the following construction mitigation measures: a. Construction activities will be limited to daytime hours of 8:00 am to 5:00 p.m. weekdays and 9:00 a.m. to 4:00 p.m. Saturdays. Construction is prohibited on Sundays and Holidays unless an exception is granted by the Building Official. b. No pile driving is allowed for construction of the project. c. All internal combustion engines for construction equipment used on the site will be properly muffled and maintained. d. All stationary noise generating construction equipment, such as air compressors and portable power generator, will be located as far as practical from the existing residences and businesses. e. All active construction areas shall be watered at least twice daily. f. Cover all trucks hauling soil and other loose materials stationed or prior to leaving the site. g. Pave, apply water, or apply non-toxic soil stabilizers on all unpaved surfaces, and staging areas at the construction site. 11. Parking and Driveways: All parking and driveway areas shall be developed in compliance with Chapter 21.50 of the Campbell Municipal Code and the approved project .plans. The applicant shall provide a decorative pavement material within the common access driveway, uncovered parking spaces and walkways. The design and material to be used for the Planning Commission ResoluLiCin No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page'5 decorative pavement shall be reviewed and approved by the Community Development Director prior to issuance of building permits for the project. 12. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Parcel Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the common access driveway. y d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as .necessary. e. Provision for the availability of an interior garage space for the parking of two vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 13. Contractor Contact Information Posting: The project site shall be posted with the name and contact number of the lead contractor in a location visible from the public street prior to the issuance of building permits. Building Division 14. Permits Required: A building permit application shall be required for each proposed new residential structure. The building permit shall include Electrical/Plumbing/Mechanical fees when such work is part of the permit. 15. Plan Preparation: This project requires plans prepared under the direction and oversight of a California licensed Engineer or Architect. Plans submitted for building permits shall be "wet stamped" and signed by the qualifying professional person. 16. Construction Plans: The conditions of approval shall be stated in full on the cover sheet of construction plans submitted for building permit. Planning Commission Resoluc -u-n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit .."Page 6 17. Size of Plans: The size of construction plans submitted for building permits shall be 24 inches by 36 inches. 18. Soils Report: Two copies of a current soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations shall be submitted with the building permit application. This report shall be prepared by a licensed engineer specializing in soils mechanics. 19. Site Plan: Application for building permit shall include a competent site plan that identifies property and proposed structures with dimensions and elevations as appropriate. The site plan shall also include site drainage details. 20. Foundation Inspections: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on-site retaining wall locations and'elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. pad elevation b.. finish floor elevation (first floor) c. foundation corner locations 21. Title 24 Energy Compliance: California Title 24 Energy Compliance forms CF-1R and MF- 1R shall be blue-lined on the construction plans. 8'/z X 11 calculations shall be submitted as well. 22. Special Inspections: When a special inspection is required by U.B.C. Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the building permits, in accordance with U.B.C. Section 106.3.5. Please obtain City of Campbell, Special Inspection forms from the Building Inspection Division Counter. 23. Non-Point Source Pollution Control: The City of Campbell standard Santa Clara Valley Non-point Source Pollution Control Program specification sheet shall be part of plan submittal. The specification sheet (size 24 inches by 36 inches) is available at the Building Division service counter. 24:P.G.&E.: The applicant is advised to contact P.G.&E. as early as possible in the approval process. Service installations, changes and/or relocations may require substantial scheduling time and can cause significant delays in the approval process. The applicant should also consult with P.G.&E. concerning utility easements, distribution pole locations and required conductor clearances. i Planning Commission Resolu«:n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 7 25. Demolition of Structures: All demolitions of existing structures require approval of a building permit by the City of Campbell Building Inspection Division: Contact the Division concerning requirements for demolitions prior to attempting to demolish any structures. 26. Approvals Required: The project requires the following agency approval prior to issuance of the building permit: a. West Valley Sanitation District (378-2407) b. Santa Clara County Fire Department (378-4010) c. Bay Area Air Quality Management District (Demolitions Only) d. School District: i. Campbell Union School District (378-3405) ii. Campbell Union High School District (371-0960) ill. Moreland School'District (379-1370) iv. Cambrian School District (377-2103) Note: To determine your district, contact the offices identified above. Obtain the School District payment form from the City Building Division, after the Division has approved the building permit application. 27. Construction Fencing: This project shall be properly enclosed with construction fencing to prevent unauthorized access to the site during construction. The construction site shall be secured to prevent vandalism and/or theft during hours when no work is being done. All protected trees shall be fenced to prevent damage to root systems. COUNTY FIRE DEPARTMENT 28. Formal Plan Review: Review of this development proposal is limited to accessibility of site access and water supply as they pertain to fire department operations, and shall mot be construed as a.substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work the applicant shall make application to, and receive from, the Building Division all applicable construction permits. 29. Required Fire Flow: The required fire flow for this project is 1,000 gpm at 20 psi residual pressure. The required fire flow is available from area water mains and fire hydrant(s), which are located at the required spacing. 30. Fire Apparatus (Engine) Access Roads Required: Provide access roadways with a paved all weather surface. A minimum unobstructed width of 20 feet, vertical clearance of 13 feet, 6 inches. Installations shall conform with Fire Department Standard details and Specifications sheet A-1. Note: The proposed width of 18 feet does not comply. The proposed access road of 18 feet may be permitted in this application with mitigation,,. The prescribed mitigation is the installation of an approved, automatic, residential fire sprinkler system complying with NFPA 13d and Standard, Detail and Specification SP-3 of this Department within Units 4 & 5. Planning Commission Resolu«:,n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 8 31. Fire Lane Marking Required: Roadways deemed necessary to facilitate emergency vehicle access, shall be identified in accordance with Fire Department Standard Details--and Specifications A-6 and Local Government Standards. 32. Required Access to Water Supply (Hydrants): Portions of the structure(s) are greater than 150 feet of travel distance from the centerline of the roadway containing public fire hydrants. Either provide an on-site fire hydrant with a fire department turn-around OR, provide an approved fire sprinkler system throughout all portions of the building. 33. Timing of Required Roadway Installations: Required access roads, up through first lift of asphalt, shall be installed and accepted by the Fire Department prior to the start of construction. Bulk combustible materials shall not be delivered to the site until installation is complete. During construction, emergency access roads shall be maintained clear and unimpeded. Note that building permit issuance may be withheld until installations are complete. 34. Premises Identification: Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall contrast with their background. 35. To prevent plan review delays: To prevent plan review and inspection delays, the above noted Developmental Review Conditions shall be restated as "notes" on all pending and future plan submittals and any referenced diagrams to be reproduced onto the future plan submittal. PUBLIC WORKS DEPARTMENT 3G entative M`aP The applicant shall submit a tentative map for review by the City. The current application processing fee is $$M�MM t;0 =37° P�n_al�Ma� }:Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The'cu ne Rarc_reefCe�xsy3,200 plusr= 35=per pacO 38: i"ire iinary +TifleIep�rt:, Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 39--Pr vat- asernen�ts: Upon recordation of the final map, the applicant shall cause private easements to be recorded for: private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 40-M`'onumentationffoi="Vil, M� Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. Planning Commission Resolu«:,n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 9 4� Sreef t Tmprovernents::?Upon recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer,'pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Removal of curb, gutter, sidewalk and driveway approach. b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. �42 ®ccu amcPrior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 43 Wate eter(sR) andSewer:Clean_-sut{s1,-P,;roposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 44_SroilskRepoPrior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 45CTt�lxtiasAl.1 new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 46Utxaldit�yCor%:dtnLolan-Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 47Graeln _and3aaina e' -1n 'Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 4:8. 5_t'cmDramr Area_ .ee- Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,250.00 per net acre, which is $825.00. 49 'Storrrivuater=Poll�zt�an Prevention Measures:, Prior to issuance of any grading or building permits, the applicant h 11 comply�wiYhthe National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and Planning Commission Resolu«.,n No. 3545 PLN2003-140—213 W. Rincon Avenue—Planned Development Permit Page 10 the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater..Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 50. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 51. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 23rd day of March, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Gibbons APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3546 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TENTATIVE.SUBDIVISION MAP (PLN2003-141) TO CREATE SIX LOTS (FIVE SINGLE FAMILY AND ONE COMMON LOT) ON PROPERTY OWNED BY MR. MASUD MAESUMILOCATED AT 213 W. RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. AKBAR ABDOLLAHI. FILE NO. PLN2003-141. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows With respect to application PLN2003-141: 1. The proposed creation of five residential lots and one common. lot is consistent with the Medium Density Residential (14-20 units per gross acre) General Plan land use designation for the property. 2. The proposed Tentative Subdivision Map is consistent with the Planned Development Zoning Ordinance. 3. The provisions of the Covenants Conditions and Restrictions are necessary to ensure the long-term maintenance of the common access driveway and landscaping. 4. The Tentative.Subdivision Map has been distributed to local agencies, including Pacific Gas and Electric, West Valley Sanitation District, Santa Clara Valley Transportation Authority and the Santa Clara Valley Water District. None of these agencies raised any concerns about providing services to the proposed lots. 5. The project qualifies as Categorically Exempt under Section 15332, Class 32 of the California Environmental Quality Act (CEQA). Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The proposed Tentative Subdivision Map is consistent with the General Plan and Zoning. Ordinance of the City. 2. The proposed Tentative Subdivision Map does not impair the balance between the housing needs of the region and the public service needs of its residents and available fiscal and environmental resources. Planning Commission Resol'auun No. 3546 PLN2003-141.—213 W. Rincon Avenue --Tentative Subdivision Map Page 2 3. The design of the Tentative Subdivision Map provides, to-the extent ,feasible, for future passive or natural heating and cooling opportunities. 4. The development and uses will be compatible with the General Plan of the City and will aid in the harmonious development of the immediate area. 5. There is a reasonable relationship and a rough proportionality between the conditions of approval and the impacts of the project. 6. There is a reasonable relationship between the use of the fees imposed upon the project and the type of development project. 7. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tentative Subdivision Map (PLN2003-141) to create six lots (five single family and one common lot) on property owned by Mr. Masud Maesumi located at 213 W. Rincon Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. .Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to.this development and are not herein specified. COMMUNITY.DEVELOPMENT DEPARTMENT Planning Division 1. Approved Project: Approval is granted for a Tentative Subdivision Map to create five residential lots and one common lot at 213 W. Rincon Avenue. The Subdivision Map shall substantially conform to the Tentative Subdivision Map prepared by SNIP Company, Civil Engineer and dated November 17, 2003, except as may be modified by the conditions of approval herein. 2. Approval Expiration: The Tentative Subdivision Map approval is valid for a period of two years from the date of final City Council approval unless an extension is granted prior to the expiration date. 3. Subdivision Map: The Planned Development Permit approval is contingent upon recordation of the Subdivision Map to divide the subject property. The Final Map shall be recorded prior to the issuance of building permits. Planning Commission ReSolullun No. 3546 PLN2003-141 —213 W. Rincon Avenue --Tentative Subdivision Map Page 3 4. Covenants, Codes and Restrictions (CC&Rs): Prior to recordation of the Subdivision Map and CC&R's, the applicant shall submit for review and approval by the City Attorney and Community Development Director a copy of the draft CC&Rs which shall include the following: a. The formation of a homeowner's association to ensure the long-term maintenance of the buildings and property. b. Continued architectural controls to ensure the architectural integrity of the project. c. Definition of common areas to be maintained and provision of maintenance for these areas, including the common access driveway. d. Provision of a funding mechanism to ensure maintenance and upkeep of common areas and shared building walls and roofs to be repaired, repainted, and/or replaced as necessary. e. Provision for the availability of an interior garage space for the parking of two vehicles at all times. f. Provision to prohibit the use of parking spaces for storage purposes, including boats, trailers, and recreational vehicles. g. The on-site sewer shall be privately maintained. 5. Park Impact Fee: A park impact fee of $7,035 per unit is due upon development of the site. Credit in the amount of$10,990 will be given for the existing single-family residence. Prior to recordation of the Parcel Map, 75% of this fee is due. The remaining 25% is due prior to issuance of a certificate of building occupancy. 6. Property Maintenance: The property is to be maintained free of any combustible trash, debris and weeds until the time that actual construction commences. All existing structures shall be secured by having windows boarded up and doors sealed shut, or be demolished or removed from the property (Section 11.201 and 11.414, 1985 Ed. Uniform Fire Code). PUBLIC WORKS DEPARTMENT 7. Tentative Map: The applicant shall submit a tentative map for review by the City. The current application processing fee is $4,170.00. 8. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200 plus $35 per parcel. 9. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. Planning Commission ResoluLwn No. 3546 PLN2003-141 —213 W. Rincon Avenue--Tentative Subdivision Map Pie 4 10. Private Easements: Upon recordation of the final map, the applicant shall cause private easements to be recorded for: private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 11. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. r- 12. Street Improvements: Upon recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Removal of curb, gutter, sidewalk and driveway approach. b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. 13. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 14. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 15. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 16. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 17. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 18. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. Planning Commission Resolu,:—n No. 3546 PLN2003-141 —213 W. Rincon Avenue--Tentative Subdivision Map Page 5 19. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,250.00 per net acre, which is $825.00. 20. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 21. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 22. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. PASSED AND ADOPTED this 23`d day of March, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry NOES: ' Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Gibbons APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary RESOLUTION NO. 3547 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TREE REMOVAL PERMIT (PLN2004-11) TO ALLOW THE REMOVAL OF ONE CEDAR TREE ON PROPERTY OWNED BY MR. MASUD MAESUMI LOCATED AT 213 W. RINCON AVENUE IN A P-D (PLANNED DEVELOPMENT) ZONING DISTRICT. APPLICATION OF MR. MASUD MAESUMI. FILE NO. PLN2004-11. After notification and public hearing, as specified by law, and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the Planning Commission did find as follows with respect to application PLN2004-11: 1. The proposed Tree Removal Permit is consistent with the Medium Density Residential (14- 20 units per gross acre) General Plan land use designation and P-D (Planned-Development) Zoning District. 2. The project will allow the removal of one protected tree (one 115-inch circumference cedar tree) because it would prohibit the construction of the new buildings due to its central location and its poor structural condition. 3. The three proposed 24-inch box replacement trees are in equivalent to the tree replacement requirements of the Tree Protection Regulations. 4. The proposed replacement trees will be a sufficient replacement for the trees to be removed and will continue the diversity of tree species found in the community. Based upon the foregoing findings of fact, the Planning Commission further finds and concludes that: 1. The retention of the trees restricts the economic enjoyment of the property and creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the Planning Commission that there are no reasonable alternatives to preserve the trees. 2. No substantial evidence has been presented from which a reasonable argument could be made that shows that the project, as currently presented and subject to the required conditions of approval, will have a significant adverse impact on the environment. 3. There is a reasonable relationship and a_rough proportionality between the conditions of approval and the impacts of the project. Planning Commission Resolu«un No. 3547 PLN2004-11 —213 W. Rincon Avenue—Tree Removal Permit Page 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Tree Removal Permit (PLN2004-11) to allow the removal of one cedar tree on property owned by Mr. Masud Maesumi located at 213 W. Rincon Avenue, subject to the following conditions: Where approval by the Director of Community Development, City Engineer, Public Works Director, City Attorney or Fire Department is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations and accepted engineering practices for the item under review. Additionally, the applicant is hereby notified that he/she is required to comply with all applicable Codes or Ordinances of the City of Campbell and the State of California that pertain to this development and are not herein specified. COMMUNITY DEVELOPMENT DEPARTMENT Planning Division: 1. Approved Permit: Approval is granted for a Tree Removal Permit to allow the removal of one protected tree at 213 W. Rincon Avenue. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2003-141). 2. Replacement Trees: Three 24-inch box size trees shall be required as replacement for the one protected tree to be removed. The location and species of these trees shall be shown on the detailed landscape and irrigation plans that shall be submitted to the Planning Division for review and approval by the Community Development Director, prior to the issuance of building permits. The proposed replacement trees shall continue the diversity of tree species found in the community. PASSED AND ADOPTED this 23rd day of March, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doorley, Francois, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: Gibbons APPROVED: George Doorley, Chair ATTEST: Sharon Fierro, Secretary `r MEMORANDUM CITY OF CAMPBELL TO: Tim Haley,Project Planner DATE: 12/16/03 FROM: Lynn Penoyer,Land Development Manager Ed.Aran go,Associate Enginee�e SUBJECT: DRC APPLICATION Site Address: 213 W. Rincon Avenue For File No(s): PLN 2003-0139 Project Description: Townhome subdivision, five townhomes Applicant: Akbar Abdollahi PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Tentative Man: The applicant shall submit a tentative map for review by the City. The current application processing fee is $4,170.00 2. Final Man: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $3,200 plus$35 per parcel. 3. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 4. Private Easements: Upon recordation of the final map, the applicant shall cause private_ easements to be recorded for: private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. 5. Monumentation for Final Man: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 6. Street Improvements: Upon recordation of the final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The plans shall include the following: a. Removal of curb, gutter, sidewalk and driveway approach. b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach. c. Construction of conforms to existing public and private improvements, as necessary. J:UandDev\Conditions\Rincon W 213.DOC Page 1 of 3 r - L13 W. Rincon Avenue 7. Occupancy Prior to allowing occupancy for any and/or all buildings, the applicant shall have the required Street Improvements installed and accepted by the City. 8. Water Meter(s) and Sewer Cleanout(s): Proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 9. Soils Report: Prior to issuance of any grading or building permits for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 10. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 11. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 12. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 13. Storm Drain Area Fee: Prior to recordation of the final map, the applicant shall pay the required Storm Drain Area fee of$2,250.00 per net acre,which is $825.00. 14. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES)permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. J:UandDev\Conditions\Rincon W 213.DOC Page 2 of 3 .y - L113 W. Rincon Avenue 15. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map and CC&Rs. 16. Demolition: Prior to recording of the final map the applicant shall obtain a demolition permit and remove any nonconforming structures. JALandDev\Conditions\Rincon W 213.DOC Page 3 of 3 o --- _� DEVELOPMENT REVIEW COMMENT SHEET ° APPLICATION bR CIIAp�` Distribution: December 1, 2003 Completeness Comments: December 8, 2003 Conditions of Approval: December 15, 2003 ROUTE TO: Architectural Advisor X Fire Department Police Department Redevelopment Agency Land Development Engineer Traffic Engineer Service Center X Building Division PROJECT DESCRIPTION Application for a zone change from R-2-S to P-D, a Planned Development Permit, and a Tentative Subdivision Map to allow the development of five attached townhomes File No.: PLN 2003-139,140 and 141 APN: 305-31-003 Applicant: Akbar Abdollahi Project Address: IZi eon s ue Zoning: R-2-S General Plan Designation: Medium Density Residential PROJECT PLANNER: Tim Haley DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial Comments No Comments Additional information/revisions (see attached) < 0 MEMORANDUM CITY OF CAMPBELL TO: - Tim Haley,Project Planner DATE: 05/20/03 FROM: MLynn Penoyer, Land Development Manager Ed Arango, Associate Engineer SUBJECT: DRC APPLICATION Site Address: 213 W. Rincon Avenue For File No(s): PRE 2003-023 Project Description: Townhome subdivision, four or five units Applicant: Bruno Marcelic COMMENTS The application shows two options for the subdivision. If the subdivision will be four units plus a common area, then a parcel map is required. If the subdivision will be five units plus a common area, then a final map is required. PUBLIC WORKS DEPARTMENT PRELIMINARY CONDITIONS OF APPROVAL 1. Tentative Parcel Map: The applicant shall submit a complete and accurate tentative parcel map in accordance with the Planning Division's checklist. The current application processing fee is $2,489.00. 2. Parcel Map: Prior to issuance of any building permits for the project, the applicant shall submit a parcel map for recordation upon approval by the City. he current plan check fee is $1,240.00 plus $25 per parcel. Effective July 1, 2003 the plan check fee will increase to $2,400 plus $35 per parcel. 3. Tentative Map.- The applicant shall submit a tentative map for review by the City. The current application processing fee is $3,723.00 4. Final Map: Prior to issuance of any grading or building permits for the project, the applicant shall submit a final map for review by the City and recordation, upon approval by the City Council. The current plan check fee is $1,600.00 plus $25 per lot. Effective July 1, 2003 the plan check fee will increase to $3,200 plus $35 per parcel. 5. Preliminary Title Report: Upon submittal of the tentative map, the applicant shall provide a current Preliminary Title Report. 6. Private Easements: Upon recordation of the parcel map/final map, the applicant shall cause private easements to be recorded for: private utilities, private storm drains, reciprocal ingress and egress, emergency vehicles, etc. J:\LandDev\Conditions\Rincon W 213 Pre.DOC Page 1 of 3 � y , 213 W. Rincon Avenue 7. Monumentation for Parcel Map: Prior to recordation of the parcel map, the applicant shall provide security for setting all monuments shown on the map. 8. Monumentation for Final Map: Prior to recordation of the final map, the applicant shall provide security for setting all monuments shown on the map. 9. Street Improvements: Upon recordation of the parcel map/final map, the applicant shall execute a street improvement agreement, cause plans for public street improvements.to be prepared by a registered civil engineer, pay various fees and deposits, post security and provide insurance necessary to obtain an encroachment permit for construction of the standard public street improvements, as required by the City Engineer. The fee for a non- utility encroachment permit application is currently $260.00. The plans shall include the following: a.. Removal of curb, gutter, sidewalk and driveway approach to accommodate a new ADA compliant driveway approach. b. Installation of curb, gutter, sidewalk and ADA compliant driveway approach. c. Installation of street tree, irrigation and groundcover. d. Construction of conforms to existing public and private improvements, as necessary. 10. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be installed on private property behind the public right-of-way line. 11. Soils Report: Prior to issuance of any grading or building permits.for the site, applicant shall provide a soils report prepared by a registered geotechnical or civil engineer. 12. Utilities: All new on-site utilities shall be installed underground per Section 20.36.150 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. 13. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. Streets that have been resurfaced within the previous five years will require boring and jacking for all new utility installations. Applicant shall also prepare pavement restoration plans for approval by the City Engineer prior to any utility installation or abandonment. 14. Grading and Drainage Plan: Prior to issuance of any grading or building permits for the site, the applicant shall conduct hydrology studies based on a ten-year storm frequency, prepare an engineered grading and drainage plan, and pay fees required to obtain necessary grading permits. The plans shall comply with the 1998 edition of the California Building JALandDev\Conditions\Rincon W 213 Pre.DOC Page 2 of 3 a, 213 W. Rincon Avenue Code including Chapters 10, 11, 18, 33, and Appendix Chapter 33. 15. Storm Drain Area Fee: Prior to recordation of the parcel map/final map, the applicant shall pay the required Storm Drain Area fee of$2,250.00 per net acre, which is $825.00. 16. Storm Water Pollution Prevention Measures: Prior to issuance of any grading or building permits, the. applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permitting requirements, the California Storm Water Best Management Practices Handbook prepared by the Storm Water Quality Task Force, Santa Clara Valley Water District requirements, and the City of Campbell Municipal Code regarding storm water pollution prevention. The City will provide the applicant with information to assist in complying with this condition of approval. The primary objective is to improve the quality and reduce the quantity of storm water runoff to the Bay. 17. Covenants, Conditions, and Restrictions: Provide copies of CC&Rs for review by the City prior to recordation of the final map/parcel map and CC&Rs. 18. Demolition: Prior to recording of the final map/parcel map the applicant shall obtain a demolition permit and remove any nonconforming structures. J:U2ndDev\Conditions\Rincon W 213 Pre.DOC Page 3 of 3 cn 1f� DEVELOPMENT REVIEW COMM ENT SHEET PRE-APPLICATION Distribution: May 5, 2003 Comments: May 19, 2003 ROUTE TO: Architectural Advisor X Fire Department Police Department t X ` Land Develgpmei1 Engi.n ee r X Traffic Engineer Service Center X Building Division PROJECT DESCRIPTION Pre-application for zone change, planned development permit and a subdivision map for a four or five unit townhome development. File No.: PRE 2003-23 APN: 305-31-003 Applicant: Bruno Marcelic Property Owner: Lynn Borden Trust VJ Project Address: incon Avenue Zoning: R-2-S General Plan Designation: Medium Density Residential PROJECT PLANNER: TH DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial Comments No Comments Additional information/revisions (see attached) 1.08 AC.NET. oN------zo I* �� - - ^� - ?0.46 AC. - z3s --1- s 3/ �30:>> 29 d 1 11396 „� u ° N n 12 3y = 36: w �5 z° II 28 n tL 52 111 b � P q3B /4 28 I 35 bryAi lPS 4305- _10335 9393 31�; 60 41.50 7301 3iit Pry 20r-"'— U l5l —W5 1205! AIL R.0S.205-M-25 _�— P.M.352-M-9 (20161) z0zC3 i63s ---•r - W ROSE CT.-- —4--q i19B7 rN� R.0.p157-M-44r8O I - 200 75 —_-BG.04 I 93 y o d Nam 36 1 37 m; r 35 a 2 I 0 Q - PCL A � PCL 8 3 o N 34 N eels _-- p 72.95 LOT i 32 40 d u N �O $8 i 670 1.02 AC. 36.60J6.78 1n Z ` 259 -1P57 O 70 JtiN 9 m 'IJJc Mr3 NN W O Uui _ B 255L+7 5 N:r 4 Q 1IG �C N En P1J�4.o8a�x - - i 25o r 7 .Psr I$st.0 1 i 1n' 33 • 72 8 L2 ^- 70)! 1 5 1 75 1T9 4I 152.6C • - PI3 PP9 PI3 -"'- 1 1 — --- -.- .-- - --- W.— RINCON------- TRACT 61 CT N° 7352 _ TR.N"��6640 ROS.370/5 86 IIIIIII1I1I1IIIiIIIIIIIIIII1I1I211IIIIIIII1 13III 33 INCHES (Nqpw AQ - — ---- I 7P ��� ; �� 2 to = z�3 �>�co✓i ---------------------------- MetroScan / Santa Clara �•------------------------* ' Owner :Borden Trust al :305 31 003 CoOwner _ Bldg Id :1 Site :213 W Rincon Ave Campbell 95008 Land :$27, 668 Mail :164 Shasta St Watsonville Ca 95076 Struct :$23,287 Xfered :11/20/2002 Doc # :16628218 Other Price Deed :Quit Claim Total :$50,955 LoanAmt Loan %Imprvd :46 Lender % Owned :100 VestTyp :Trust\trustee IntTy Exempt LandUse : 01 Res,Single Family Residence Type Zoning :R2s Res Multi-unit TaxArea :10043 SubPlat 02-03 Tx :$1,040.56 Legal Phone Census :Tract:5065.03 Block:2 Owner :831-722-2401 MapGrid :853 D6 Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Rms :8 Bldg SF :1,310 Units Year Built :1926 Bedrooms :2 Lot SF :15,975 Patio :No EffYearBlt :1926 Bathrooms :1.00 Lot Acres: .37 Porch :Yes Garage Sp :2 Stories :1 Lot Dimen:75x213 Elevator Garage SF :400 Dining Rm :1 Cnt1Ht/AC:No Lease SF Bldg Cond :5.0 Family Rm :1 Pool :No Office SF: Bldg Class :5.0 Rec Room Fireplace: Sprinkler: Bldg Shape :U-shape Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. Cl)l► P; r 00 1 Piu3 I Ae •4 i 0004 W V) • rz :'ON ss • s• a • b �• s • , amp T i i �kNVdNO3 dMS i i o ,a Gi Q ti./ ry LE .a 4 Q.4 _.... ❑�0EDo X cr, �• a aaf$,ffLo '^SU VIN80JI-lbO `�-13edmvo -VQ9 ,QN i:DV�i XXXXX 'ON iIV43d N3MH:DV03 a �14.2,Va� cv iN3V�dO-13A30 S3AOHNMOi M3N (9) 3AI A 0 *bf AEERtow , N,� �! z 5UZ X N ZWA AA QcL a 4 Wit- � �y R Z Q � El 44 rn E-1 Q� ��-. {'i•'i V3�5#J31� �m.; �.03 \ N zLTj a -► I4t /•\ *� v c ;l Q F W W V mCQ om.. 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