Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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Area including the sanitary sewer main and storm drain line. The City shall maintain the public water main installed within the Common Area as shown in Exhibit C. 4.2.3 Clustered Mailbox Maintenance. The Association shall maintain any clustered mailboxes within the Development, provided that each Ownershall be responsible for maintenance of the lock on the Owner's mailbox. 4.2.4 Fencing. The Association shall maintain the fence that the Common Area shares with the southwest boundary of the Lands of Winnett at 40 Finger Avenue and the fence the Common Area shares with the northeast boundary of the Lands of Harris and Ponti at 54 Finger Avenue as shown on the Map. Maintenance shall be limited to structural repairs and maintenance of the surface facing the Common Area. 4.2.5 Stormwater Treatment Measures and Detention System. The Association shall maintain the stormwater treatment measures and detention system in Parcel A, including the permeable paver private street and sidewalks, detention pipes and manhole structure in accordance with the applicable Stormwater Agreement as described in Section 2.11 and Exhibit D. 4.2.6 Adiacent Improvements and Landscaping Along Finger Avenue. The Association shall maintain the sidewalks, park strips and street trees, including irrigation thereof, adjacent to Parcel A on Finger Avenue in accordance with the applicable Landscape Maintenance Agreement as described in Section 2.12 and Exhibit E. 4.3 Cooperation and Access. Each Owner and Occupant shall fully cooperate with the agents of the Association in the performance of the Association's maintenance obligations described in this Section 4.2. Such cooperation shall include, but is not limited to, immediate notification to the Board or its managing agent of any maintenance problems for which the Association is responsible and access to the Owner's or Occupant's Lot as may be necessary to inspect and, if appropriate, to perform any necessary maintenance. 4.4 Reimbursement and Indemnification. If the Association incurs any maintenance costs because of the willful or negligent act or omission of any Owner or Occupant or their Permittees, the Association shall charge the cost to the Owner of the Lot responsible for the costs and may levy a reimbursement assessment as described in Section 6.5. The Owner immediately shall pay the charge or reimbursement assessment to the Association, together with interest thereon at the rate of 12% per annum, but not in excess of the maximum rate authorized by Applicable Law. If the Owner disputes the charge, the Owner shall be entitled to notice and a hearing as provided in Section 5.6.4. The Association shall not charge the Owner to the extent that the cost is met through insurance maintained by the Association, provided that any deductible amount and any costs in excess of such insurance coverage shall be paid bythe Owner. Furthermore, the Owner shall defend, indemnify and hold the Association harmless from any claim, demand, liability or cost, including attorneys' fees arising from such damage, except to the extent the demand, claim, cost or liability is covered by insurance maintained by the Association. The Owner shall pay the amount of any deductible and any amount in excess of insurance coverage. ARTICLE 5 The Association 5.1 Formation of the Association. The Association is a nonprofit mutual benefit corporation formed under the laws of the State of California. The Association shall commence operations no later than the date that assessments commence as described in Section 6.7. Pending the commencement of the Association's operations, Declarant shall perform the duties and shall have the rights of the Association as described herein. EDNB\53295\996553.3 11 August 18, 2016