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AgdaPkt 2011-12-12
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AgdaPkt 2011-12-12
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Last modified
10/29/2012 8:43:35 AM
Creation date
12/13/2011 2:08:51 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
12/12/2011
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6.1. F. - Page 14 <br /> ARTICLE III <br /> MAINTENANCE AND MANAGEMENT <br /> 3.l Maintenance: Tk�e Assaciation shall maintain, repair, replace (when necessary), <br /> and restore all of the Cam�non Area and all equipment and faciiities (including Utility Facilities <br /> as defi�led in S�ctioz� 6.1), fences or ot���r improveinents to the extent �hey are within tl�e <br /> Common Area. The Commoa� Acea shall be maintained in accardanee with aIl conditions of <br /> approva� i�posed on the Project by the City (the "Conditians of Approval") and as otl�erwise <br /> required here6y. All anaintenance, repairs and replacements to the Lots or ta any improv�me�►ts <br /> therean shall be pe�•formed by each Ow�er ot� his Lot, including al1 exterio�• and interior <br /> inaintenance, painting, cleaning, repait•ing and landscaping and maintaining all utility lines, <br /> pipes, and aonduits wl�ich are located wit�►in his Lot o�• whicl exclusi�vely serve �ais Lot. Each <br /> Lot Owner shall �naintain, repair, and replace all fez�ces an his Lot. Mait�tenance shall be <br /> pe�•formed in a�rst-class n�anner, and to standards consistenti with the highes� standards in the <br /> �'�•aject and in other first class residential subdivisioz�s within the vicinity of tl�e Project. The cost <br /> of �•epair or replacetne�t of dainage �esulting frotn willful o�• negligent acts ar omissians of an <br /> Owner, or his guests, tenants, ar invitees, to the extent not cavered by insurance, shall be fi1�e <br /> responsi6iiity of tl�e Owne�• responsible for such da�nage. If the repair is covered by insurance <br /> carried by the Association, the Association shall be responsible �or inaking the z•epairs, and the <br /> responsible Owner shall pay arty dad��ctil�le pursuant to the inst�rance policy. If the Owner fails <br /> to make such payment, theaa the Association may ma�ce such payment and shall charge the <br /> responsible 4wner therefor, which charge shall beaz• interest at the rate of ten percent (10%) per <br /> annum (but no greater than the maximum rate allowed by law} until paid in ft�ll. <br /> 3.2 Er�forcement: In th� event an Ovvner fails to pay for repairs, maintenance, or <br /> insurance, ar any joint obligations undez� this Declaration or a�y assessments levied by the <br /> Association as pra�ided herein, the Association or the athe�• Owners may bring an action at law <br /> to recover the ama�nt d�e and shalI be entitled ta recover reasonable attorneys' fees in sueh � <br /> action. <br /> 3.3 Expenses of Comn�on Area Maintenance: The Ot�vners shall equally share al� <br /> costs to main.tain, �•epair, and, when necessary, �•eplace and �econstruct the paved sucfaces and <br /> other itnprovements upon ihe Caininon Area. The Soard of Di�•ecto�•s shall hire necessary <br /> pe�•soz�t�el and services and do, or ca�se to be done, such otlier things as ar� necessary to p�•ovide <br /> for the use of the Co�mon Area for the ben��t of all Owners. The pt•eceding sentences shali not <br /> extend to repairs or replacements caused by t�e willful ac�s or negligence of an Ownez•, its agents <br /> o�• invitees. Rather, any inainter�ance, repair or �•eplacement rec�uired as a result sz�ch negligence <br /> or willful acts sl�all be the respo�nsibility af the Owner responsible therefor. <br /> The Board of Directors shall at a me�ting called pursuant to this sectian deterinine when <br /> the Common At•ea needs maintenance, repair or othe�• care (eollectively, "Mainte��ance"). A <br /> meeting of the 4wners may be cailed at any time by any the Board ii� accordance with the ter�ns <br /> of the Bylavvs and any t�ules adopted by the Board i►� accordanee with the Bylaws {the "Rules"). <br /> All Mejnbers shall receiWe �c�vritten notice of the meeting, which notice sha11 specify the get�ez�al <br /> nature of the bt�siness ptoposed to be trar�sacted, and shall be mailed postage prepaid (first-ciass) <br /> or hand deIivered. Tl�e notice sha�� also set fartla the loeatior� where the meeting vvill be held <br /> ATTX/AGRl2� l I. 3 33 DECLARAT[O tV OF CClts -- KEIVTFIELD <br /> R�V:12/01/1 i <br /> -5- <br />
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