Common use of Contents of CC&Rs Clause in Contracts

Contents of CC&Rs. (i) The Governing Documents shall describe the various relationships between the Local Agency, the Landowner and its successors, including the Responsible Owners Association and individual property owners regarding payments for funding the Responsible Owners Association’s obligations and detailing the Responsible Owners Association’s responsibility for the public use, maintenance and repair of the Project Infrastructure covered by each final map (other than Project Infrastructure to be dedicated to a Local Agency or utility service provider). The Governing Documents for any other homeowners’ and/or commercial property owners’ associations formed within the Project (excluding the Responsible Owners Association) (each an “Owners’ Association” and collectively, the “Owners’ Associations”) shall describe the various relationships between the Local Agency, the Landowner and its successors, including the obligation of the individual property owners and the applicable Owners’ Association regarding the payment of such Owners’ Association’s fair share of the cost associated with the Responsible Owners Association’s obligations under the Project Approvals (including, without limitation, this Agreement). (ii) The Governing Documents shall require each Owners’ Association to comply with all requirements of the Governing Documents and applicable state and local laws. The recorded CC&Rs and other Governing Documents for the Responsible Owners Association shall include the text attached hereto in Exhibit J (Standards for Maintenance and Security for Streets, Parks and Open Space), and Exhibit K (Landowner Indemnification of Local Agency), and require the Responsible Owners’ Association to provide all necessary and on-going maintenance and repairs required by Section 16.1 and in conformance with the standards set forth in Exhibit J at no cost to the Local Agencies, to reimburse the Flood District for operation and maintenance costs for the floodgates as described in Section 15.6 hereof, if applicable, to indemnify each Local Agency, as applicable, as to any Claims or costs and expenses incurred by such Local Agency as a result of Landowner’s or its successors’ failure to comply with its maintenance and repair obligations, except to the extent of the negligence or willful misconduct of the Local Agency or the extent that such actions are undertaken by a Local Agency and reimbursed under Section 16.2.1, and to obtain and maintain comprehensive general liability insurance in an amount not less than $3,000,000 or such other amount as may be required in California Civil Code Section 5805,5805 or its successor statute(s) per occurrence combined single limit with the Local Agency, as applicable, and their respective officials, employees and agents identified as additional insureds on the insurance policy. The CC&Rs or applicable Governing Documents shall provide the Local Agency, as applicable, with authority to enter the Property and to repair and maintain the Project Infrastructure as provided in Section 16.2.1. (iii) The CC&Rs shall (i) provide for a minimum term of sixty (60) years with ten (10) year automatic renewals, (ii) provide for the establishment of an Owners’ Association comprised of the owners of each individual lot or condominium unit within the portion of the property covered by such CC&Rs, and (iii) provide for the ownership of the privately maintained Project Infrastructure, or “common area”, by either the Owners’ Association or the owners of each individual lot or condominium unit as tenants in common. In addition, each CC&Rs covering the propertyProperty or portions thereof, shall contain substantially the following language (subject to changes for defined terms in the CC&Rs): “Notwithstanding any provision in these CC&Rs to the contrary, the following provisions shall apply: The property owners’ association established herein shall manage and continuously maintain the ‘common area’, more particularly described on Exhibit , attached hereto, and shall not sell or transfer the ‘common area’ or any part thereof, absent the prior written consent of the Local Agency’s Planning Director. The property owners’ association shall have the right and obligation to assess the owners of each individual lot or condominium unit for the reasonable cost of maintaining such ‘common area’, shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment and shall diligently pursue all reasonable actions permitted under the Laws as necessary to collect delinquencies, which actions may include imposing an assessment lien against delinquent lots or units and foreclosing on such lien when the delinquent assessment exceeds $1,800 (or such other minimum amount imposed applicable law), and after following the procedures and timelines required by the Davis Stirling Common Interest Development Act and other applicable Laws. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. The property owners’ association shall perform, or cause to be performed, a reserve study of all common areas owned or maintained by said association no less frequently than once every three years and shall distribute a summary of said reserve study to the owners of each individual lot or condominium unit, including without limitation, information concerning whether the reserves are underfunded, adequately funded, or overfunded at the time the reserve study was conducted and any increase in assessments or special assessments that may be required to bring reserve funding to the appropriate level if the reserves are underfunded. These CC&Rs shall not be terminated, ‘substantially’ amended, or property deannexed therefrom without the prior written consent of the Local Agency’s Planning Director. A proposed amendment shall be considered ‘substantial’ if it affects the usage or maintenance of the ‘common area’ established pursuant to the CC&Rs or if it modifies any language required by the conditions of approval for the applicable tract map(s). Napa County, or the City of Napa, or both, as the applicable Local Agency, shall be a third party beneficiary to these CC&Rs and shall have the right, but not the duty, to enforce the CC&Rs against the Owners’ Association and to receive copies of all information and documentation that are sent to all of the owners of lots and units pursuant to the requirements of the CC&Rs or required by law related to the ongoing operation and maintenance and of ‘common area’ as provided herein, including without limitation, a copy of (i) the annual budget of the Owners’ Association when it is distributed to the property owners, and (ii) a copy of the reserve study performed by the Owners’ Association (as required in the CC&Rs) when it is distributed to the property owners. In the event of any conflict between these CC&Rs and the Articles of Incorporation, the Bylaws, or the property Owners’ Associations’ Rules and Regulations, if any, these CC&Rs shall control.”

Contents of CC&Rs. (i) The Governing Documents shall describe the various relationships between the Local Agency, the Landowner and its successors, including the Responsible Owners Association and individual property owners regarding payments for funding the Responsible Owners Association’s obligations and detailing the Responsible Owners Association’s responsibility for the public use, maintenance and repair of the Project Infrastructure covered by each final map (other than Project Infrastructure to be dedicated to a Local Agency or utility service provider). The Governing Documents for any other homeowners’ and/or commercial property owners’ associations formed within the Project (excluding the Responsible Owners Association) (each an “Owners’ Association” and collectively, the “Owners’ Associations”) shall describe the various relationships between the Local Agency, the Landowner and its successors, including the obligation of the individual property owners and the applicable Owners’ Association regarding the payment of such Owners’ Association’s fair share of the cost associated with the Responsible Owners Association’s obligations under the Project Approvals (including, without limitation, this Agreement). (ii) The Governing Documents shall require each Owners’ Association to comply with all requirements of the Governing Documents and applicable state and local laws. The recorded CC&Rs and other Governing Documents for the Responsible Owners Association shall include the text attached hereto in Exhibit J (Standards for Maintenance and Security for Streets, Parks and Open Space), and Exhibit K (Landowner Indemnification of Local Agency), and require the Responsible Owners’ Association to provide all necessary and on-going maintenance and repairs required by Section 16.1 and in conformance with the standards set forth in Exhibit J at no cost to the Local Agencies, to reimburse the Flood District for operation and maintenance costs for the floodgates as described in Section 15.6 hereof, if applicable, to indemnify each Local Agency, as applicable, as to any Claims or costs and expenses incurred by such Local Agency as a result of Landowner’s or its successors’ failure to comply with its maintenance and repair obligations, except to the extent of the negligence or willful misconduct of the Local Agency or the extent that such actions are undertaken by a Local Agency and reimbursed under Section 16.2.1, and to obtain and maintain comprehensive general liability insurance in an amount not less than $3,000,000 or such other amount as may be required in California Civil Code Section 5805,5805 5805 or its successor statute(s) per occurrence combined single limit with the Local Agency, as applicable, and their respective officials, employees and agents identified as additional insureds on the insurance policy. The CC&Rs or applicable Governing Documents shall provide the Local Agency, as applicable, with authority to enter the Property and to repair and maintain the Project Infrastructure as provided in Section 16.2.1. (iii) The CC&Rs shall (i) provide for a minimum term of sixty (60) years with ten (10) year automatic renewals, (ii) provide for the establishment of an Owners’ Association comprised of the owners of each individual lot or condominium unit within the portion of the property covered by such CC&Rs, and (iii) provide for the ownership of the privately maintained Project Infrastructure, or “common area”, by either the Owners’ Association or the owners of each individual lot or condominium unit as tenants in common. In addition, each CC&Rs covering the propertyProperty Property or portions thereof, shall contain substantially the following language (subject to changes for defined terms in the CC&Rs): “Notwithstanding any provision in these CC&Rs to the contrary, the following provisions shall apply: The property owners’ association established herein shall manage and continuously maintain the ‘common area’, more particularly described on Exhibit , attached hereto, and shall not sell or transfer the ‘common area’ or any part thereof, absent the prior written consent of the Local Agency’s Planning Director. The property owners’ association shall have the right and obligation to assess the owners of each individual lot or condominium unit for the reasonable cost of maintaining such ‘common area’, shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment and shall diligently pursue all reasonable actions permitted under the Laws as necessary to collect delinquencies, which actions may include imposing an assessment lien against delinquent lots or units and foreclosing on such lien when the delinquent assessment exceeds $1,800 (or such other minimum amount imposed applicable law), and after following the procedures and timelines required by the Davis Stirling Common Interest Development Act and other applicable Laws. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. The property owners’ association shall perform, or cause to be performed, a reserve study of all common areas owned or maintained by said association no less frequently than once every three years and shall distribute a summary of said reserve study to the owners of each individual lot or condominium unit, including without limitation, information concerning whether the reserves are underfunded, adequately funded, or overfunded at the time the reserve study was conducted and any increase in assessments or special assessments that may be required to bring reserve funding to the appropriate level if the reserves are underfunded. These CC&Rs shall not be terminated, ‘substantially’ amended, or property deannexed therefrom without the prior written consent of the Local Agency’s Planning Director. A proposed amendment shall be considered ‘substantial’ if it affects the usage or maintenance of the ‘common area’ established pursuant to the CC&Rs or if it modifies any language required by the conditions of approval for the applicable tract map(s). Napa County, or the City of Napa, or both, as the applicable Local Agency, shall be a third party beneficiary to these CC&Rs and shall have the right, but not the duty, to enforce the CC&Rs against the Owners’ Association and to receive copies of all information and documentation that are sent to all of the owners of lots and units pursuant to the requirements of the CC&Rs or required by law related to the ongoing operation and maintenance and of ‘common area’ as provided herein, including without limitation, a copy of (i) the annual budget of the Owners’ Association when it is distributed to the property owners, and (ii) a copy of the reserve study performed by the Owners’ Association (as required in the CC&Rs) when it is distributed to the property owners. In the event of any conflict between these CC&Rs and the Articles of Incorporation, the Bylaws, or the property Owners’ Associations’ Rules and Regulations, if any, these CC&Rs shall control.”

Contents of CC&Rs. (i) The Governing Documents shall describe the various relationships between the Local Agency, the Landowner and its successors, including the Responsible Owners Association and individual property owners regarding payments for funding the Responsible Owners Association’s obligations and detailing the Responsible Owners Association’s responsibility for the public use, maintenance and repair of the Project Infrastructure covered by each final map (other than Project Infrastructure to be dedicated to a Local Agency or utility service provider). The Governing Documents for any other homeowners’ and/or commercial property owners’ associations formed within the Project (excluding the Responsible Owners Association) (each an “Owners’ Association” and collectively, the “Owners’ Associations”) shall describe the various relationships between the Local Agency, the Landowner and its successors, including the obligation of the individual property owners and the applicable Owners’ Association regarding the payment of such Owners’ Association’s fair share of the cost associated with the Responsible Owners Association’s obligations under the Project Approvals (including, without limitation, this Agreement). (ii) The Governing Documents shall require each Owners’ Association to comply with all requirements of the Governing Documents and applicable state and local laws. The recorded CC&Rs and other Governing Documents for the Responsible Owners Association shall include the text attached hereto in Exhibit J (Standards for Maintenance and Security for Streets, Parks and Open Space), and Exhibit K (Landowner Indemnification of Local Agency), and require the Responsible Owners’ Association to provide all necessary and on-going maintenance and repairs required by Section 16.1 and in conformance with the standards set forth in Exhibit J at no cost to the Local Agencies, to reimburse the Flood District for operation and maintenance costs for the floodgates as described in Section 15.6 hereof, if applicable, to indemnify each Local Agency, as applicable, as to any Claims or costs and expenses incurred by such Local Agency as a result of Landowner’s or its successors’ failure to comply with its maintenance and repair obligations, except to the extent of the negligence or willful misconduct of the Local Agency or the extent that such actions are undertaken by a Local Agency and reimbursed under Section 16.2.1, and to obtain and maintain comprehensive general liability insurance in an amount not less than $3,000,000 or such other amount as may be required in California Civil Code Section 5805,5805 5805, or its successor statute(s) per occurrence combined single limit with the Local Agency, as applicable, and their respective officials, employees and agents identified as additional insureds on the insurance policy. The CC&Rs or applicable Governing Documents shall provide the Local Agency, as applicable, with authority to enter the Property and to repair and maintain the Project Infrastructure as provided in Section 16.2.1. (iii) The CC&Rs shall (i) provide for a minimum term of sixty (60) years with ten (10) year automatic renewals, (ii) provide for the establishment of an Owners’ Association comprised of the owners of each individual lot or condominium unit within the portion of the property covered by such CC&Rs, and (iii) provide for the ownership of the privately maintained Project Infrastructure, or “common area”, by either the Owners’ Association or the owners of each individual lot or condominium unit as tenants in common. In addition, each CC&Rs covering the propertyProperty property or portions thereof, shall contain substantially the following language (subject to changes for defined terms in the CC&Rs): “Notwithstanding any provision in these CC&Rs to the contrary, the following provisions shall apply: The property owners’ association established herein shall manage and continuously maintain the ‘common area’, more particularly described on Exhibit , attached hereto, and shall not sell or transfer the ‘common area’ or any part thereof, absent the prior written consent of the Local Agency’s Planning Director. The property owners’ association shall have the right and obligation to assess the owners of each individual lot or condominium unit for the reasonable cost of maintaining such ‘common area’, shall have the right to lien the property of any such owner who defaults in the payment of a maintenance assessment and shall diligently pursue all reasonable actions permitted under the Laws as necessary to collect delinquencies, which actions may include imposing an assessment lien against delinquent lots or units and foreclosing on such lien when the delinquent assessment exceeds $1,800 (or such other minimum amount imposed applicable law), and after following the procedures and timelines required by the Davis Stirling Common Interest Development Act and other applicable Laws. An assessment lien, once created, shall be prior to all other liens recorded subsequent to the notice of assessment or other document creating the assessment lien. The property owners’ association shall perform, or cause to be performed, a reserve study of all common areas owned or maintained by said association no less frequently than once every three years and shall distribute a summary of said reserve study to the owners of each individual lot or condominium unit, including without limitation, information concerning whether the reserves are underfunded, adequately funded, or overfunded at the time the reserve study was conducted and any increase in assessments or special assessments that may be required to bring reserve funding to the appropriate level if the reserves are underfunded. These CC&Rs shall not be terminated, ‘substantially’ amended, or property deannexed therefrom without the prior written consent of the Local Agency’s Planning Director. A proposed amendment shall be considered ‘substantial’ if it affects the usage or maintenance of the ‘common area’ established pursuant to the CC&Rs or if it modifies any language required by the conditions of approval for the applicable tract map(s). Napa County, or the City of Napa, or both, as the applicable Local Agency, shall be a third party beneficiary to these CC&Rs and shall have the right, but not the duty, to enforce the CC&Rs against the Owners’ Association and to receive copies of all information and documentation that are sent to all of the owners of lots and units pursuant to the requirements of the CC&Rs or required by law related to the ongoing operation and maintenance and of ‘common area’ as provided herein, including without limitation, a copy of (i) the annual budget of the Owners’ Association when it is distributed to the property owners, and (ii) a copy of the reserve study performed by the Owners’ Association (as required in the CC&Rs) when it is distributed to the property owners. In the event of any conflict between these CC&Rs and the Articles of Incorporation, the Bylaws, or the property Owners’ Associations’ Rules and Regulations, if any, these CC&Rs shall control.”