RecD07 2007-087633 - Laserfiche WebLink

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(Page 7. of 20) Article 3 - Maintenance Reauirements 3.1 Maintenance. Subject to the provisions of Sections 3.3 and 3.4, the Lot OWners shall jointly be responsible for the maintenance and repair of the Driveway Improvements and Open Space Improvements, which Improvements shall be maintained in good condition and repair at all times, reasonable wear and tear excepted. The Stormwater Treatment Devices shall be maintained in accordance with the requirements of Section 3.5. The OWners of Lots 1, 2 and 3 shall maintain the decomposed granite sidewalk situated adjacent to Oakwood Drive as a walkable surface at all times, including any portion within the public right-of-way. Maintenance, repairs and/or replacement shall be performed when the Majority of the Lot Owners determine that maintenance, repairs and/or replacement are necessary. On such determination, these Lot OWners shall provide written notice to the other Lot OWner describing the needed work, the party that will perform the work, the estimated cost of the work, and the allocation of the costs among the Lots (the "Repair Notice"). If a Lot OWner objects to any matter contained in the Repair Notice, the objecting Lot Owner shall notify the other Lot OWners in writing, setting forth the reasons for the objection. If no written objection is received within 15 calendar days following receipt of the Repair Notice, any Lot Owner not objecting shall be considered conclusively to have agreed to have the work performed and to pay the Lot OWner's allocable share of the costs and to have waived the dispute resolution procedures in Article 5 with respect to any payments due for the work. If a timely objection is received, the Lot OWners shall meet and attempt to resolve the dispute in good faith. If the dispute cannot be resolved within 15 days after the timely objection is received, any Lot Owner may initiate the dispute resolution procedures described in Article 5 below. 3.2 EmerQency Repairs. Notwithstanding the provisions in Section 3.1, any Lot OWner has the authority to make emergency repairs to the Driveway Improvements that may be necessary to render the Driveway safe for vehicular and pedestrian use. The Lot OWner making the repairs shall notify the other Lot OWners as soon as is reasonably possible. The cost of the emergency repairs shall be allocated among the Lots as described in Section 4.2. Payment shall be due pursuant to the procedures described in Section 4.3; and, if payment is not made in a timely manner, the Lot Owner(s) incurring the emergency repair costs shall have the rights described in Section 4.4, provided that any Lot OWner who disputes the needed further emergency repairs, the type of repairs, and/or the cost of the repairs may commence the dispute resolution procedures in Article 5 to resolve the dispute. 3.3 Drivewav Utilitv Maintenance or Repair ReQuirements. Any utility improvements or lines located in the Driveway (including laterals off main lines) that provide service to one or more Lots shall be maintained by the Owner(s) of the Lot(s) served by the utility at that Owner's sole cost and shall not be part of the Shared Costs. If any Lot Owner(s) must excavate or otherwise disturb the Driveway in order to repair or replace any utilities, the Lot Owner(s) shall give the other Lot Owners such advance notice as is reasonable under the circumstances and no less than ten days except in the case of an emergency. The work shall be performed only by contractors duly licensed in the state of California and shall be performed in strict compliance with all applicable laws and ordinances. The Lot owner(s) shall use all reasonable efforts to diligently complete the repairs, to minimize any interference with the use ofthe Driveway, and to restore the Driveway to the condition it was in prior to the commencement of the repairs immediately after completion of the repair work. The Lot Owner(s) shall defend, indemnify and hold each other Lot Owner harmless against any cost, claim, lien, liability, damage, cause of action, judgment, cost or expenses including reasonable attorneys' fees arising out of any such repair work. 3.4 Open Space Area Landscape Maintenance. Irrigation for the landscaping within the Open Space Area is connected into the water systems serving Lots 4 and 5. The OWners of Lots 4 and 5, at each OWner's expense, shall maintain the portions of the irrigation system connected to the Owner's residence in good condition and repair and proper operating condition at all times and shall provide the necessary water to properly irrigate the landscaping within the Open Space Area that is irrigated through the Owner's system. The Owners of Lots 4 and 5, at their expense, shall jointly share in the maintenance of the landscaping within the Open Space Area. Maintenance shall include regular mowing, pruning, weed removal and other prudent landscaping practices. Notwithstanding the foregoing, if any sod, trees or other vegetation must be F:\LJW-DA T A\WPDocsWamtOakw\YamtOakw.goeV7.wpd 4 May 17, 2007