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

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shall be assumed received on the next business day. If delivered personally, it shall be assumed received on the date of personal delivery. These assumptions may be rebutted by Declarant if Declarant did not receive actual notice. 4. Documents and Subsequent Owners. Declarant has provided copies of the following documents to the initial purchasers of homes in this Development: (i) a limited fit and finish builder warranty and manufacturers' products limited warranties; (ii) inspection and maintenance schedules and guidelines ("Homeowner Manual"); and (iii) a copy of Title 7 of Part 2 of the Civil Code (SB 800). The initial purchasers shall retain the foregoing documents (the "Documents") and on transfer of title to the property to a subsequent owner shall transfer the Documents or provide true and complete copies to the new owner(s) on or before transfer of title and instruct the new owner(s) that they are to retain the Documents and transfer or provide copies to any subsequent owner(s). Replacement copies of the Documents may be obtained from Declarant by contacting Declarant at Declarant's principal place of business or through the agent for claim notice purposes described in Section 3 of this Exhibit. Declarant may charge a reasonable fee for providing replacement copies. Initial purchasers and subsequent owners must comply with the inspection and maintenance guidelines provided by the Declarant and any manufacturer. 5. Covenants and Third Party Beneficiary. The covenants, restrictions, rights, duties, benefits and burdens set forth herein benefit and bind each Lot, each Owner and successive Owner thereto, and the Association as covenants running with the land and equitable servitudes and as authorized under Civil Code sections 945 and 5975. 6. Amendments. Notwithstanding anything in the Declaration to the contrary: (i) the provisions in this Exhibit may not be modified or waived without the prior written consent of Declarant; and (ii) the provisions in this Exhibit may be modified or waived with respect to any particular Claim with the written consent of Declarant and the Claimant or Claimants that made the Claim. The Board of Directors shall have full power and authority to approve any modifications or waivers with Declarant with respect to any Claim made by the Association. In addition, the provisions in this Exhibit may be modified with respect to any Lots owned by Declarant by filing an amendment to this Exhibit in the records of the county in which the Development is located. The amendment shall affect only Lots owned by Declarant at the time the amendment is recorded and such other Lots whose owners consent to the amendment in writing. 7. Claims Filing Period. Nothing herein extends any time periods in which a Claim must be filed under Civil Code sections 896 or 897 or otherwise extends any applicable statutes of limitations or statutes of repose, except as expressly authorized by law. EDNB\53295\996553.3 5 August 18, 2016