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

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EXHIBIT A - Claims Procedure THE GROVE CLAIMS PROCEDURE This Exhibit contains alternative dispute resolution procedures. These procedures bind subsequent purchasers as well as initial purchasers. You are advised to read these procedures carefully and consult with legal counsel if you have any questions. This document describes the procedures for filing claims against Declarant and certain other designated parties related to this Development. Unless the context indicates otherwise, the definitions set forth in Article 1 of the Declaration shall apply in this Exhibit. Any claim, dispute or other controversy between: (i) the Association and/or any Owner(s) (the "Claimant") and the (ii) Declarant or any affiliated general contractor or affiliated contractor who is a "builder" within the meaning of Civil Code section 911 or, any director, officer, member, shareholder, partner, employee or agent thereof (individually and collectively the "Declarant' for purposes of this Exhibit) and/or any non- affiliated general contractor, non-affiliated contractor, subcontractor, material supplier, individual product manufacturer, design professional or any other Person that provided materials or labor or other services to the Development on behalf of Declarant, relating to this Declaration, the use, condition, design, specifications, surveying, grading, construction, installation, budgeting and/or operation of any Improvements or landscaping located within the Development or maintained by the Association, including but not limited to any claims for violation of the functionality standards setforth in Civil Code sections 896 and 897, whetherbased in contract, tort or statutory violation (individually and collectively the "Claim"), shall be subject to the claim procedures set forth in Sections 1 and 2 of this Exhibit. The intention and purpose of this Exhibit is to provide that all Claims against the Declarant relating to the Development be resolved in accordance with the claims procedure set Forth in this Exhibit regardless of the legal theory upon which the Claim is based so that a certain and efficient method is established for resolution of the Claim. As a result, any Claim based on misrepresentation, fraud, breach of contract, violation of a statute or personal injury, as well as Claims for breach of the Functionality standards, are subject to the claims procedure in this Exhibit. The procedures in this Exhibit do not apply to Declarant's normal customer service procedures. Owners are encouraged to resolve any potential Claim first through Declarant's normal customer service procedures. Declarant, the Association and each Owner covenant not to commence any litigation without complying with the procedures described in Sections 1 and 2. If any party breaches the foregoing, the other party may obtain an appropriate order compelling the breaching party to comply with the procedures. Except as is expressly authorized by law, nothing herein shall reduce or extend any applicable time frame within which legal action must be commenced, including applicable statutes of limitation or repose and time frames set forth in Civil Code sections 896, 897 and 941. Title 7 of Part 2 of Division 2 of the Civil Code (Civil Code sections 895 through 945.5) commonly known as "SB 800" sets forth functionality standards in Civil Code sections 896 and 897 that describe how the Improvements and landscaping within this Development should function during certain applicable time periods (the "Functionality Standards"). SB 800 impacts the legal rights of the Association and each Owner. The Association and Owner have certain rights under SB 800 if the Improvementor landscaping fails to meet a Functionality Standard during the applicable time period. These rights may be lost as described in EDNB\53295\996553.3 August 18, 2016