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HomeMy WebLinkAboutPittview Village - CC&RsDECLARATION OF COVENANTS, CONDITIONS '`.• AND RESTRICTIONS FOR PITTVIEW VILLAGE. A PLANNED COMMUNI Paul Grout ("Declarant") is the Owner in fee simple of that real property (the Project) otherwise known as a portion of Lots 20 and 23 of the Amended Plat of Pitt View subdivision located in the northeast 1/4 of Section 11, Township 37 S, Range 2W, Willamette Meridian, of Central Point, Jackson County, Oregon. Recitals. Intent and Purpose It is the desire and intention of Declazant initially to subdivide the Project, subject to the covenants, conditions and restrictions set forth in this Declaration, into 9 residential lots and 31ots which shall be controlled by the Home Owner Association (HOA) and maintained as a private drive and open space, as set forth in Exhibit "A" (Tentative Plat and legal description of Property and Common Areas). Declarant intends by this Declaration to impose upon the Proj ect, subj ect to this Declaration, mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners of residential property within. Declarant desires to provide a flexible and reasonable procedure for the overall development of the property, and to establish a method for the administration, preservation, use, and enjoyment of such property as is now or may hereafter be submitted to this Declaration. ~ This Project is governed by the approvals and entitlements ("Approvals' referenced in Jackson County Planning File PUD 04015. It is intended that this Declaration comply with all requirements and conditions of said Approvals and nothing in this Declaration shall be interpreted or construed as to be in conflict with those Approvals. Should any conflict exist, it shall be resolved consistent with the terms of the above referenced Approvals. Declaration NOW, THEREFORE, Declarant hereby declares that the Project shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved, subject to the following covenants, conditions and restrictions, all of which are in furtherance of a plan for the subdivision, improvement and sale of the Project and of enhancing and perfecting the value, desirability and attractiveness of the Project. All of the covenants, conditions and restrictions herein set forth shall run with the Project and shall be binding on all parties having or acquiring any right, title or interest in the Project or any part thereof, and shall be for the benefit of each Owner of any portion of the Project, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of such Owners. This Planned Community is subject to the governing statutes set forth in ORS 94.550 to 94.783. Association Bylaws adopted under ORS 94.625 shall be recorded along with this Declaration. This is the only phase of the Project's development. Certain Landscape Areas (lots 10 and 12) will be maintained by the Homeowners Association . A condition of the Approvals is to obtain and comply with a final landscaping plan the maintenance of which shall be the obligation of the HOA. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 1 ~- Name The n ame b y w hich t he P roj ect shall b e k nown a s P ITT'VIEW V ILLAGE, A P Tanned Community. It is a Class II Planned Community, as defined in ORS 94.550. 1. In addition to the tenors defined in ORS, Chapter 94, and elsewhere defined herein, the following terms shall have the following meanings whenever used in this Declaration: 1.1 Declarant. Paul Grout, his successors and assigns. 1.2 Owner. The record Owner, or Owners, if more than one, of a Lot, including Declarant and including a vendee under a recorded land sale contract or recorded memorandum of land sale contract. 1.3 Property. The real property know as 37S 2W 11, tax lot 6500 and a portion oftax lot 6400, more specifically described on Exhibit "A", attached hereto. 1.4 The Proiect. The property subject to this Declaration. 1.5 Lot. That portion of the Project conveyed or to be conveyed by the Declarant to an individual Owner in fee simple. For the purposes of this Declaration, a Lot shall exist from and after the date of recording an instrument making such Lot subject to this Declaration. ~ 1.6 Dwelling~Unit. The residential structure, including any garage, carport, patio, lanai or other physical appurtenance to such structure, constructed on a Lot by the Declarant or an Owner. 1.7 Common Area. The Common Areas are as identified on the Final Plat, including but not limited to, Lots 10,11 and 12, and shall be maintained by the Association. 1.8 Association or "HOA". Pittview Village Homeowners Association, Inc., an Oregon non-profit corporation. 1.9 Board. The Board of Directors of the Association. 1.10 Articles: Bylaws. The Articles of Incorporation and Bylaws of the Association. The Bylaws are marked Ezhibit "B", incorporated herein and made a part hereof. 1.11 Declaration. This Declaration, as from time to time amended or supplemented. 1.12 Mortea~e. A mortgage or a deed of trust of record encumbering a Lot. The term "Mortgagee" shall include the beneficiary under a deed of trust and the vendor under a recorded land sale contract or recorded memorandum of land sale contract. 1.13 Architectural Committee. The Architectural Committee as created pursuant to Section 6 of this Declaration. DECLARATION OF COVENANTS, CONDITIONS AND ~r RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 2 2. USE The use of the Lots and the Common Area shall be restricted in accordance with the following provisions in addition to all other covenants, conditions and restrictions herein contained. 2.1 Residential Use. The Lots and Dwelling Units shall be used for residential purposes only as approved by the Architectural Committee pursuant to Section 6 and in conformance with the initial design standards of Section 6.3, except as specifically provided for in this Declaration. No mobile, modulaz or manufactured dwelling shall be allowed on any Lot. This Section 2.1 and Section 2.3 shall not exclude the construction of a private greenhouse, storage unit, private swimming pool or shelter for the protection of such swimming pool or storage of a boat and /or personal use camping trailer. All such improvements must be located in conformance with all applicable municipal regulations and be compatible in design with the residential construction on the subject lot and adjacent lots as determined by the Architectural Committee. 2.2 Maintenance. Each Owner shall maintain and keep his Dwelling Unit and Lot in a clean, sanitary and attractive condition. Landscaping on each Lot shall be maintained in at least as good or better quality in design and nature of planting as is required by the Architectural Committee at the time of initial construction of a dwelling on the Lot. If the Owner fails to maintain his/her Dwelling U nit a nd L of o r a ny 1 andscaping r equired b y t he A pprovals, a s r equired herein, t he Association shall have the right to go upon the Owner's Lot and perform such mamtenance pursuant to the Association's authority set forth in Section 3.6 hereof. The costs incurred by the Association shall be assessed against the Lot as a special assessment pursuant to Section 4.4. 2.3 Commercial or Agricultural Use. No industry, business, trade, occupation or profession of any kind, shall be conducted, maintained or permitted on any part of the Project, unless specifically allowed by this Declaration, approved by the Home Owner Association prior to ` operation and permitted and approved as a home occupation by Jackson County and any other applicable governmental authonty. No Agricultural barns shall be permitted. 2.4 Animals. Household pets, in a reasonable number, may be kept if they aze solely household pets for private use and not for commercial purposes. No animal shall be allowed to make an unreasonable amount of noise or otherwise to become a nuisance. No dog shall be penmutted outside of the Lot of the Owner of said dog unless it is under the control of a responsible person by means of a leash. Upon request of any Owner, the Board shall determine, in its sole discretion, whether for the purpose of this Section, a particular animal shall be considered a house pet or a nuisance. The Owner of any pet shall be responsible for cleaning up after said pet on any property within the Planned Community, including any Common Areas. Any structure for the care, housing or confinement of any house or yazd pet shall be approved by the Architectural Committee for its design and placement on each Lot. 2.5 Utility Service. Except as approved by the Architectural Committee or set forth on the Final Plat, no lines, wires, satellite dish lazger than 18", antennae or other devices of any kind for the communication or transmission of electric current or power, including telephone, television and radio signals, shall be constructed, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables constructed, placed and maintained underground or concealed in, under or on buildings or other approved structures. Nothing herein shall be deemed to forbid the erection and use of temporary power or telephone services incident to the construction of approved improvements. DECLARATION OF COVENANTS, CONDTI'IONS AND ~. RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 3 2.6 Temporary Occupancy. No trailer, basement of any incomplete building, tent, shack, garage, and no temporary building or structure ofany kind shall be used at any time on any Lot for ~„ a residence either temporary or permanent. 2.7 Outside Storage and Pazkin~. All firewood and other materials or equipment stored on any Lot shall be screened from the ordinary view from adjacent Lots and streets. 2.8 Trash Receptacles. All trash shall be retained in appropriate receptacles and cans shall be kept clean and sanitary and shall be screened from reasonable and ordinazy view from the adjoining Lots and streets. Such screening is a condition of the Approvals. Burning of organic material shall comply with all applicable local, state or federal regulations. Temporary construction debris shall be contained for removal as provided in Section 2.21 herein. 2.9 Basketball Standards. No basketball standards or fixed sports apparatus of any nature shall be attached to any Dwelling Unit or garage or be erected on any Lot, except in the reaz yard of such Lot. Any such apparatus must be approved by the Architectural Committee for placement with regard to sensitivity to neighboring Lots. Such approval may be withdrawn with 30 days written notice. No portable basketball hoops shall be stored in the private street (Lot 11). 2.10 Garages and Parking. Garages shall be used only for the parking of motor vehicles, recreational vehicles, storage and permitted workshop purposes. All garages will have automatic garage door operators and all residents aze encouraged to keep garage doors, which aze visible to the street, closed whenever practical. Residents are encouraged to park their vehicles on their property behind the front yard setback line and preferably in enclosed garages. 2.11 Clothes Drying Facilities. No outside clotheslines or other outside clothes drying or airing facilities shall be maintained on any Lot, unless the Architectural Committee finds such ~ facilities to be adequately concealed so as not to be seen from any adjacent property. 2.12 Mailboxes. There shall be no exterior newspaper tubes or freestanding mailboxes, except as may have been initially installed by or pursuant to plans previously approved by Declarant or thereafter approved by the Architectural Committee. 2.13 Nuisances. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment, such as p rivate workshop equipment, as is usual and customary in connection with the use or maintenance of a Dwelling Unit. No noxious or offensive condition, including activity causing excessive smoke, dust, noise or debris, shall be permitted upon any part of the Property. Mortorized bikes and ATVs may not be operated on any Lot or the Common Areas. Motorized transportation may be operated on a Lot solely for the purpose of transporting it from a residence to a public roadway for off-site use but aze not allowed recreational use of such machinery within the Property. 2.14 Diseases and Insects. No Owner shall permit any thing or condition to exist upon his Lot which shall induce, breed, or hazbor infectious plant diseases or noxious insects. 2.15 Mineral Exploration. No property within the Project shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, mmerals of any kind, gravel, earth or any other such substance or other mineral ofany kind except for any excavation that maybe done in connection with the construction of a dwelling on the property. DECLARATION OF COVENANTS, CONDITIONS AND ~. RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 4 2.16 Restrictions on Further Subdivision. No Lot shall be further subdivided. No Owner, except Declarant, may grant an easement or other interest in a Lot without the prior written approval ~ of the Board and the Architectural Committee. No Common Area maybe reduced such that it would result in no longer satisfying the requirements of the Approvals for a certain minimum amount of Common Area within the Project. 2.17 Sin . No signs (including without limitation, commercial, family "crest" or name signs, and all such similaz signs) which aze visible from neighboring property shall be erected or maintained on any Lot except: (a) Such signs as maybe required by legal proceedings; (b) Such residential identification signs as are installed in the initial construction of the Dwelling Units, subject to the review of the Architectural Committee and approval by the Board as to suitability; (c) During the time of construction of any residence or other improvement by Declarant, job and sales identification signs; and (d) Approved project identification monument sign(s) located at the entry to the Project (Lot 11 or 12). In addition and in conjunction with the signage, one or more monument walls at the Project entrance may be constructed. (e) Not more than one "for sale" sign having dimensions not to exceed eighteen (18) by seventy-two (72) inches, pursuant to the Rules of the Association, so long as the posts or standazds for said signs do not damage or destroy lawns or plantings. This provision shall not prevent Declarant or any principal building contractor, from advertising during the construction of unprovements on any Lot or vv~thin the real property or during the period of time any Lot is owned by Declarant. 2.18 Ri t of Inspection. Upon Seventy-Two (72) h ours written notice (emergencies excepted) and during reasonable hours any authorized member of the Boazd, or any authorized representative of any Boazd member, shall have the right to enter upon and inspect the Lot and the exterior of the Dwelling Unit or any of the improvements thereon for the purpose of ascertaining whether or not the provisions of these Covenants, Conditions and Restrictions, the Bylaws and the rules and regulations adopted by the Board, have been or are being complied with, and such persons shall not be deemed guilty of trespass by reason of such entry or inspection. If such inspection is made by the Architectural Committee upon authorization by the Board, a report shall be made to the Boazd which will decide the action to betaken. These rights shall be exercised in such a manner as to reasonably minimize any adverse impact upon the Owner's right to enjoyment of his/her Lot. 2.19 Tenant Leases.. No Dwelling Unit shall be rented or leased for a period of less than thirty (30) continuous days at one time. All rental and lease agreements shall be in writing and shall comply with the provisions of the Bylaws. 2.20 Fences. All permanent and temporary fences and railings require approval by the Architectural Committee prior to construction. All necessary municipal permits shall be obtained prior to any fence construction. All fences must be constructed so as to provide a finished appearance. All fences and railings shall be well constructed and maintained and shall not detract from the appearance of other improvements located upon the Lot. DECLARATION OF COVENANTS, CONDITIONS AND ~r RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 5 The maximum height and location of all fences, railings and hedges shall be determined by the Architectural Committee and must conform with all applicable County or municipal regulations, `.,r but in no event shall a fence exceed eight feet in height. 2.21 Construction Debris. The Owner of each Lot is responsible for the temporary containment and permanent removal of all construction debris on the Lot and any debris which is windblown or in any way displaced from the construction site to adjoining property. The Owner is also responsible for the cleanup of any dirt or mud tracked into the Common Area street during the course of construction of improvements on his property. The Owner shall not allow the accumulation of large quantities of debris, on or off site, during the course of construction. 2.22 Common Area Maintenance. No Lot Owner shall do any alteration, work or maintenance within the Common Areas without the approval of the Boazd and the Architectural Committee. No Common Area may be reduced such that it would result in no longer satisfying the requirements of the Approvals for a certain minimum amount of Common Area within the Project. 2.23 Firearms. No firearms or bows and arrows shall be used or discharged on any lot or Common Area. However, keeping such items inside any residence shall not be a violation of this Declaration. 2.24 Fuel Tanks. No fuel tanks shall be constructed above or below ground level except for propane gas for home use. Any such tank shall be screened from view in a manner approved by the Architectural Committee. 2.25 Li tin No invasive outdoor lighting within the Project shall be permitted. All outdoor lights shall be shielded from point source glaze and shall not be directed towards adjacent parcels. All overhead or other azea lighting shall be shielded to cast a downward glare. There shall `, be no night guazd lights. 2.26 Tree Retention. The prominent trees such as the trees identified as such on the final plat located on lots 8, 9 and 10, shall be preserved. 3. ASSOCIATION 3.1 Organization. The Association is a nonprofit Oregon corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declazation. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The Board, and such officers as the Board may elect or appoint, shall conduct the affairs of the Association in accordance with the Articles and Bylaws as from time to time amended. 3.2 Membership. Each Owner shall be a member of the Association and shall be entitled to one membership for each Lot owned. Each member shall have the rights, duties and obligations set forth in this Declaration, the Articles, the Bylaws and the Association Rules, as the same may from t ime t o t ime b e amended. The membership of each Owner in the Association shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon the transfer of title to such Lot, and then only to the transferee of title thereto. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. For purposes of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 6 membership, the recording of a land sale contract or memorandum thereof shall constitute a transfer of the title to a Lot. Lots 10, 11 and 12 (the Common Areas) shall not be entitled to a vote. 3.3 Voting. (a) Members Entitled to Vote. Only Members of the Association shall be entitled to vote. The voting privileges of each Class of Members shall be as provided herein. Any action by the Association which must have the approval of the Association membership before being undertaken shall expressly require the vote or written assent of a prescribed percentage of the total voting power of the Association, as more particulazly stated within the Declaration. (1) Class A Members. Class A Members shall have one (1) vote for each Lot. When more than one person owns a single Lot, all Owners shall be members of the Association. However, the vote for each Lot must be cast as a unit, and fractional votes shall not be allowed. In the event that joint Owners aze unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner(s) casts a vote representing a certain Lot, it will thereafter be conclusively presumed for all purposes that such Owner(s) was acting with the authority and consent of any other Owner(s) of said Lot. The right to vote may not be severed or sepazated from the Lot ownership to which it is appurtenant, and any s ale, transfer, or conveyance of such Lot to a new Owner(s) shall operate to transfer the appurtenant vote without the requirement of any express reference thereto. (2) Class B Members. The Class B Member shall be the Declarant, his successors and assigns. The Class B Member shall be entitled to five (5) votes for each Lot in which he holds the interest required for membership as provided in Section 3.3(a)(1) above. Provided that, Class B membership shall be converted to Class A membership and shall forever cease to exist when the total outstanding votes held by the Class A Members equal the total outstanding votes held by `. the Class B Member. (b) Voting Procedures. Any vote may be cast in person or by proxy. All proxies shall be in writing, dated, signed by the Owner giving the proxy and filed with the Secretary before the commencement of any meeting. A proxy shall terminate eleven (11) months after its date unless the proxy specifies a shorter term. Every proxy shall automatically cease upon the sale of the Lot by the Owner and upon the death or incapacity of the Member who executed the proxy. (c) Declazant's Riy,~it To Vote. Notwithstanding any other provision of this Declaration, and, except as provided in Section 8.3, hereof, any regulation herein requiring the approval of a prescribed percentage of the voting power of members of the Association other than the Declarant for action to be taken by the Association shall also require the vote or written assent of a bare majority of the total voting power of the Association as well as the vote or written assent of the prescribed percentage of the total voting power of members other than the Declarant. (d) Suspension of Voting Rig its. The voting rights of an Owner shall be suspended during such penod as any assessment due hereunder from such Owner remains unpaid; provided, however, that the Board shall give any such Owner at least fifteen (15) days notice prior to such suspension, and such Owner shall be entitled to a hearing before the Board in accord with Section 3.4 of the Bylaws. 3.4 Initial Boazd of Directors. The initial Boazd shall be appointed by Declarant. Thereafter, the Boazd shall be elected as provided in the Bylaws. DECLARATION OF COVENANTS, CONDITIONS AND ~. RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 7 3.5 Duties of the Association. The Association shall have the obligation and duties, subject to and in accordance with this Declaration, to do and perform the following acts for the ~, benefit of its Members and for the maintenance and improvement of the Property. (a) Common Area Maintenance and Operation. To maintain, repair and otherwise manage the Common Areas, after such property is conveyed or otherwise transferred to it, all improvements located thereon, all easements for operation and maintenance purposes over the Common Areas and all easements for the benefit ofMembers of the Association within the Common Areas. Each Owner hereby grants to the Association anon-exclusive easement of ingress and egress to that portion of his/her Lot as may be reasonably required by the Association to exercise or otherwise perform its rights under this Section 3.5. (b) Utilities. T o a cquire, p rovide a nd/or p ay f or w ater, d rainage, and o ther necessary utility services for the Common Areas. (c) Sidewalks. Mailboxes. Etc. The Association shall, after construction thereof by Declazant as a part of the initial development of the Project, maintain, repair, replace, reconstruct and relocate pathways, sidewalks, lighting, street signs and any mail and post boxes and the landscaping located within the Common Areas, as initially designated on the Approvals or as initially constructed by Declarant. Each Owner hereby grants to the Association, anon-exclusive easement of ingress and egress to that portion of his/her Lot as may be reasonably required by the Association to exercise or otherwise perform its rights under this Section 3.6. (d) Landscaping and Sig~ge. To maintain and construct all landscaping within Common Areas and Project signage consistent within the final approved Landscape Area of the Project and the direction of the Association. ~„ (e) Other. To perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably necessary to enforce any of the provisions of this Declaration the Bylaws and Association Rules. 3.6 Powers and Authority of the Association. The Association shall have all of the powers of a nonprofit corporation organized under the general Non-profit Corporation statutes of the State of Oregon, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, or this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation: (a) Assessments. To levy assessments on the Owners and to enforce payment of such assessments, all in accordance with the provisions of Sections 4 and 5 of this Article. (b) Ri t of Entrv and Enforcement. To enter upon any Lot or the Landscape Area for the purpose of performing the duties of the Association set forth in Section 3.5 of this Article, enforcing bypeacefiil means any of the provisions of this Declaration. The Association shall also have the power and authority from tune to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration and to enforce, by mandatory injunction or otherwise, all of the provisions hereof. These rights shall be exercised in such a DECLARATION OF COVENANTS, CONDITIONS AND ~r RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 8 manner as reasonably to minimize any adverse impact upon the Owner's right toenjoyment ofhis/her Lot. (c) Services. To contract for materials and/or services for the Common Areas or the Association. Any such service contract or management contract shall be subject to termination by either party without cause upon thirty (30) days notice in writing to the other party. (d) Rules. By a majority vote of the Boazd, and from time to time, to adopt, amend, enforce and repeal such rules and regulations as the Board shall determine to be necessary or proper for the operation of the Project ("the Association Rules"). A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in and a part of this Declazation. The Association Rules shall not materially change the rights or privileges of any person, or the restrictions on any Lot, as herein set forth. 4. FUNDS AND ASSESSMENTS 4.1 Operating Fund. The Association shall establish and maintain an operating fund into which shall be deposited all monies paid to the Association as regulaz, special and emergency Assessments and miscellaneous fees, and from which fund the Association shall make disbursements in the performance of its rights and duties as provided for in this Declaration. The operating fund and the reserve fund shall be kept in separate accounts. 4.2 Regulaz Assessments. Within forty-five (45) days prior to the beginning of each ~ fiscal year, the Boazd shall estimate the costs and expenses to be incurred by the Association during such fiscal yeaz in performing its rights and duties under this Declaration, including a reasonable provision for unanticipated expenses, and replacements and less any anticipated surplus fibm the prior year's fund. Provided that, the Boazd may not, without the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant, impose a regulaz annual assessment per Lot which is more than twenty percent (20%) greater than the regulaz assessment for the immediately preceding fiscal year. Such estimated amount shall be assessed equally to the Owners. The amount per Lot so assessed to each Owner is called "the Regulaz Assessment." 4.3 Special or Emergency Assessments. In addition to the Regulaz Assessments, the Boazd may levy during any fiscal year a special or emergency assessment applicable to that yeaz only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction (including reconstruction costs in excess of insurance proceeds), repair of any Common Areas or related utilities, unexpected repair or replacement of a capital improvement upon the Common, Areas, including Project signage, the private street serving the Project or any extraordinary expense not contemplated by this Declaration of whatsoever nature. Provided that, in any fiscal yeaz, the Boazd may not, without the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant levy special or emergency assessments to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceed ten percent (10%) of the budgeted gross expenses of the Association for that fiscal yeaz. No special or emergency assessment shall be levied with respect to the initial construction of improvements within the Common Area, including initial signage for the Project and the private DECLARATION OF COVENANTS, CONDITIONS AND `. RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 9 street, it being understood that all such construction shall be at the sole cost and expense of the Declarant. Except a s o therwise p rovided h erein,special a nd a mergency a seesments s hall b e '`. assessed to the Owners .equally and shall be paid as the Board shall determine. The provisions herein with respect to special and emergency assessments do not apply in the case where the Special Assessment against a member is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member and his Lot into compliance with the provisions of the governing instrument for the Planned Community. 4.4 Payment of Assessments. Each Owner shall be obligated to pay Regular Assessments made pursuant to this Section 4 to the Association in equal monthly installments on or before the first day of each month in advance, or in such other manner as the Board shall designate. The Board shall provide each Owner with a statement of the Annual Assessment within ten (10) days prior to the beginning of each fiscal year, but shall not be obligated to provide monthly statements to any Owner thereafter. Special Assessments shall be payable in such manner as the Board shall designate. 4.5 Commencement of Assessments. The Regular Assessments shall commence as to each Lot in the Project upon the close of the sale of the first Lot to someone other than Declarant. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year and the initial payment due with respect to a partial month from an Owner, other than Declarant, shall be prorated as of the close of escrow for the purchase of such Owner's Lot. The Association shall, within ten (10) days after demand and upon payment of a reasonable fee as determined by Resolution of the Board, furnish to an Owner a certificate signed by an officer of the Association stating whether assessments on his/her Lot have been paid. 4.6 Reimbursement Assessment. The Board shall levy an assessment against any Owner who has failed to comply with, or has breached this Declaration, or the Association Rules or Bylaws, ~, for whom monies or expenses were expended or incun-ed by the Association from the operating fund in performing its functions or enforcing the provisions of this Declaration, the Association rules or Bylaws. Such assessment shall be for the purpose of reimbursing the Association and shall be limited to the amount so expended or incurred and shall be due and payable to the Association when levied. 5. ENFORCEMENT OF ASSESSMENTS 5.1 Covenant to Pay Assessments. Declarant covenants and each Owner, other than Declarant, by acceptance of a deed to a Lot, shall be deemed to covenant to pay to the Association Regular Assessments, Special Assessments, Emergency Assessments and Reimbursement Fees levied in accordance with Section 4. 5.2 Enforcement. Each assessment levied hereunder shall be a separate, distinct and personal d ebt and obligation o f t he person who av as t he O caner o f s uch L of a t t he t ime s uch assessment became due and payable. In the event of a default in payment of any such assessment, the Association may enforce each such obligation by any and all remedies provided bylaw. In the event the Association brings an action to enforce each such assessment obligation, any judgment rendered in any such action shall include a sum for reasonable attorneys' fees in such amount as the Court may adjudge against the defaulting Owner, including reasonable attorneys' fees on appeal. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 10 6. ARCHITECTURAL CONTROL 6.1 Architectural Committee. There shall be an Architectural Committee comprised of three (3) members, who shall be appointed by and who shall serve at the pleasure of the Board. The Declarant shall appoint all of the original members of the Architectural Committee and all replacements until seventy-five percent (75%) of all Lots in the Planned Community have been sold and built upon. Thereafter, the Board shall have the power to appoint all of the members of the Architectural Committee. Members appointed to the Architectural Committee by the Declazant need not be members of the Association. The Architectural Committee, with the approval of the Board, shall have the right to hire a licensed architect, a landscape architect, an engineer or such other professionals as may be required to advise the Architectural Committee in carrying out its duties pursuant to this Section 6. 6.2 Duties of Architectural Committee. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to insure that overall building designs, roof pitch and tile, any painting or exterior coverings, window placements and sizes or improvements constructed or significantly changed, which shall also include landscaping and plantings, on the Proj ect by anyone other than the Declarant conform to plans approved by the Architectural Committee. No person shall make any alterations to the exterior of a Dwelling Unit, including changes in color, until the complete plans and specifications, showing the location, nature, shape, height, form of change (including, without limitation, any other information specified by the Architectural Committee) shall have been submitted to and approved in writing by the Architectural Committee. 6.3 Architectural Rules. ~ 6.3.1 Initial Architectural Rules. 6.3.1.1 Landscape Plan. Each Owner shall, as part of initial construction of a dwelling or upon significant remodeling impacting the exterior of the dwelling, submit to the Architectural Committee and obtain approval of a landscape plan. The Architectural Committee shall require that all prominent trees, such as those shown on the final plat, located on lots 8, 9 and 10, be preserved. 6.3.1.2 Sidewalks and Driveways. All drives, driveways and sidewalks connecting a residence to the public road shall be paved with asphalt or cement. . 6.3.1.3 Covered Porches. Designs for residences shall, when practical, include covered proches and other unique features. 6.3.2 Amendment of Architectural Rules. Upon the expiration of Declazant's control under Section 6.1, the Boazd may, from time to time, and in its sole and absolute discretion, adopt, amend and repeal rules and regulations, to be known as "Architectural Rules." Said Rules shall interpret and implement this Declaration by setting forth the standazds and procedures for any Committee review and the design guidelines for architecture design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similaz features which are recommended for use within the Project. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 11 6.4 Application for Approval of Improvements. An Owner must submit plans for initial construction on a Lot within twelve (l2) months of purchasing a Lot. Any Owner, except the ~. Declarant and any of his designated agents, proposing to perform any work of any kind which requires the prior approval of the Architectural Committee pursuant to any provision in this Declaration, shall apply to such Architectural Committee for approval by notifying the Architectural Committee of the nature of the proposed work in writing and fiirnishing such information as the Architectural Committee may reasonably require. 6.5 Approval/Disapproval. All approvals given under this Section 6 shall be in writing. If a request for approval has not been granted or denied within forty-five (45) days from the date of submission of all information requested by the Architectural Committee, the proposal shall be deemed approved. After Declarant no longer appoints the Architectural Committee as provided in Section 6.1, if the Architectural Committee denies the proposal, the applicant shall have the right to appeal such decision to the Boazd by giving written notice thereof to the President or Secretary of the Board within ten (10) days after written notice of disapproval is given to the applicant by the Architectural Committee. Any such appeal shall be conducted pursuant to rules and regulations established by the Boazd. The Board's decision shall be final. 6.6 Completion of Work. The Owner shall complete the exterior construction, reconstruction, refinishing or alteration of any such improvement within six (6) months after approval of plans by the Architectural Committee, except and for so long as such completion is rendered impossible or would result in great hardship to the Owner due to strikes, fires, national emergencies, natural calamities or other intervening forces beyond the control of the Owner or his agents. No dwelling shall be occupied permanently or temporarily until such time as the exterior is completed and a Certificate of Occupancy or similaz permit is obtained from Jackson County or other appropriate governmental body. Landscaping on each Lot shall be completed within six (6) months after completion of the dwelling on such Lot. If the Owner fails to comply with this Section 6.6, the ~ Board may p roceed i n a ccordance w ith t he p rovisions o f S ection 6.7 as though the failure to complete the improvement were a noncompliance with approved plans. 6.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: (a) Upon the completion of any construction or reconstruction or the alteration or refinishing of the exterior of any improvements, or upon the completion of any other work for which approved plans aze required under this Section 6, the Owner shall give written notice thereof to the Architectural Committee. (b) Within forty-five (45) days thereafter the Architectural Committee, or its duly authorized representatives, may mspect such improvement to determine whether it was constructed, reconstructed, altered or refinished to substantial compliance with the approved plans and shall report its findings and recommendation to the Boazd. If the Board finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance, specifying particulars of noncompliance, and shall require the Owner to remedy such noncompliance. (c) If upon the expiration of thirty (30) days from the date of such notification, the Owner shall have failed to remedy such noncompliance the Board shall set a date on which a hearing before the Boazd shall be held regazding the alleged noncompliance. The hearing date shall be not more than thirty- (30) days nor less than fifteen (15) days in advance of notice thereof by the DECLARATION OF COVENANTS, CONDITIONS AND ~/ RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 12 Boazd to the Owner, the Architectural Committee and, in the discretion ofthe Boazd, to any other interested party. The hearing procedures shall conform to those adopted by the Boazd pursuant to `. the Bylaws or Rules. (d) At the hearing, the Owner, the Architectural Committee and, in the Boazd's discretion, any other interested person maypresent information relevant to the question ofthe alleged noncompliance. After considering all such information, the Boazd shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Boazd shall require the Owner to remedy or remove the same within a period of not more than forty-five (45) days from the date of the Boazd ruling. ffthe Owner does not comply with the Board ruling within such period or within any extension of such period as the Board, in its discretion, may grant, the Boazd, at its option, may either remove the noncomplying improvement or remedy the noncompliance, and the Owner shall reimburse the Association for all expenses incurred in connection therewith upon demand. If such expenses aze not promptly repaid by the Owner to the Association, the Boazd shall levy a Reimbursement Assessment against such Owner pursuant to Section 4.7, hereof. (e) If for any reason the Board fails to notify the Owner of any noncompliance within forty-five (45) days after receipt of said notice of completion from the Owner, the improvement shall be deemed to be in accordance with said approved plans. 6.8 Liabili .Neither the Architectural Committee nor any member thereof or their delegates shall be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of plans, drawings and specifications, whether or not defective, (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications, (c) the development of any property within the Project or (d) the execution and filing of an estoppel certificate whether or not the facts ~ therein are correct; provided, however, that such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of the foregoing, the Architectural Committee, or any member thereof, may, but is not required to, consult with o r h ear the views of the Association or any Owner with respect to any plans, drawings, specifications or any other proposal submitted to the Architectural Committee. Approval by the Architectural Committee does not mean said Architectural Committee is warranting or incurring any liability for the structural adequacy of the plans, drawings and specifications submitted to and approved by said Architectural Committee. Plans, specifications and drawings may require building permits and other entitlements from the appropriate governmental agencies. 7. PROPERTY RIGHTS AND EASEMENTS 7.1 Common Areas. None of the Common Areas will be owned by the Declarant but any rights to access to any or all ofthe Common Area shall be transferred to the Association at or prior to the Turnover meeting. 7.2 Access to Common Area. Declazant hereby reserves an easement over any Lot designated as the Landscape or Common Area for constructing or installing the landscaping and Project signage. 8. DEVELOPMENT RIGHTS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 13 8.1 Limitations of Restrictions. Declarant is undertaking the work of constructing improvements identified in Section 8.2 and incidental improvements upon the Lots included within ~• the Project. The completion of that work and the sale, rental and other disposal of Lots is essential to the establishment and welfaze of said property as a residential community. In order that said work may be completed and said property be established as a fully occupied residential community as rapidly as possible, nothing in this Declazation shall be understood or construed to: (a) Prevent Declazant, his contractors, subcontractors, or permittees from obtaining reasonable access over and across any Common Area of the Project or from doing ,on any Lot or any portion of the Project, whatever is reasonably necessary or advisable in connection with the completion of said work; or (b) Prevent Declazant or his representatives from erecting, constructing and maintaining on any part or parts of the Project such structures as may be reasonably necessary for the conduct of their business of completing said work and establishing said property as a residential community and disposing of the same in parcels by sale, lease, or otherwise, including the right to maintain model homes; or (c) Prevent Declarant from maintaining such signs within the .Project, as may be necessary for the sale, lease or disposition of the Lots therein, including the right to maintain a sales and resale office in or on some portion of the Project owned by Declarant. 8.2 Declarant's Development Rights. Notwithstanding any other provision herein contained, Declarant expressly retains unalterable rights to develop the Real Property described on Exhibit "A" and construct homes thereon in the manner deemed desirable by Declarant in Declarant's sole discretion, provided, however, that Declazant has or shall obtain governmental consents where required by law. ~ Upon development of all such Property, Declarant shall have constructed or shall construct the following improvements: 1. Private street, Curbs and Gutters required by the Approvals; 2. Lot Frontage Sidewallcs; 3. Landscaping and drainage on Common Areas. Said improvements shall be constructed no later than the time when all Lots have been sold by Declarant. Nothing in this Declaration shall limit the right of Declarant to commence and complete construction of improvements to the Project or to alter the foregoing or the Lots or Landscape Area or to construct such additional improvements (including fencing) as Declarant deem advisable prior to the completion and sale of the entire Real Property described on Exhibit "A". Declarant may use any of the Lots within the Project owned by him for model homesites, sales offices, and pazking therefor. Declarant may use any dwellings upon Lots owned by him as a temporary overnight residence and for promotional purposes in connection with his sales program. Declarant shall have the right and easement to enter upon, use and enjoy the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 14 Declarant reserve the right to alter his construction and development plans and designs as he deem appropriate, subject to applicable governmental approvals. The rights of Declarant under this `. Declaration maybe assigned to any successor or successors to all or part of his interests in the Real Property described on Exhibit "A" by an express assignment incorporated in a recorded deed, option or lease, as the case maybe, transferring such interest to such successor. This Declaration shall not limit the rights of Declarant to at any time p rior t o acquisition of title by a purchaser from Declarant, to establish on any Lot additional licenses, reservations and rights-of--way to utility companies or to others as may from time to time be reasonably necessary to the proper development and disposal of the Real Property described on Exhibit "A". 8.3 Turnover to Assocation. No later than the 60`~ day from the date Declazant conveys the nine Lots of the Planned Community to Owners other than a successor Declazant, Declazant shall call a meeting of the Owners to transfer over administrative responsibility for the Planned Community to the Association. Such turnover shall be conducted as required by ORS 94.609 and 94.616. Declarant shall transfer title of the Common Area to the Association no later than the turnover meeting. 8.4 Consent of Declarant to Amendments. Until Declarant shall sell all of the Lots in the Project (lots 1-9), no amendment to this Declaration shall be effective to curtail or eliminate Declarant's development rights set forth herein, including but not limited to the right to appoint Directors to the Boazd and the appointment of Architectural Committee members, without Declarant's consent. 9. DAMAGE 9.1 Insurance Proceeds Sufficient. In the event of damage or the partial destruction of any of the Common Area improvements in the Project, and, if the available proceeds of the insurance ~, carried pursuant to the Bylaws are sufficient to cover not less than eighty-five percent (85%) of the cost of repair or reconstruction thereof, the damaged or destroyed improvements shall be promptly repaired and rebuilt substantially in accordance with the original design and standard of construction of the damaged or destroyed improvement, unless, within ninety (90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Members representing seventy-five percent (75%) of the total voting power of the Association determine that such repair and reconstruction shall not take place. 9.2 Insurance Proceeds Insufficient. If the available proceeds of such insurance aze less than eighty-five percent (85%) of the cost of repair or reconstruction, such repair or reconstruction may, nevertheless, take place if, within ninety (90) days from the date of such damage or destruction, Members representing fifty-one percent (51 %) of the total voting power of the Association so elect at a duly constituted meeting of the Association. 9.3 Assessments. If the Members determine to rebuild, either pursuant to Section 9.1 or Section 9.2 above, each Owner shall be obligated to contribute such funds as may be necessary to payhis/her proportionate share of the cost of reconstruction, over and above the insurance proceeds. Such additional amount shall be assessed to each Owner in the manner provided in Section 4, above. 9.4 Failure to Rebuild. If rebuilding of the Common Area shall not be authorized, either pursuant to Section 9.1 or Section 9.2, above, any available insurance proceeds shall be collected by the Association and used by the Association for such improvements as it shall deem appropriate. DECLARATION OF COVENANTS, CONDITIONS AND ~- RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 15 10. MORTGAGEE PROTECTION `v 10.1 Mortgages Permitted. Any Owner may encumber his Lot with Mortgages. 10.2 Non-Curable Breach. No Mortgagee who acquires title to a Lot by foreclosure or by deed in lieu of foreclosure or assignment-in-lieu of foreclosure shall be obligated to cure any breach of this Declazation that isnon-curable or of a type that is not practical or feasible to cure. 10.3 Right to Furnish Information. Any Mortgagee may famish information to the Board concerning the status of any Mortgage. 10.4 Right to Examine Books and Records. Etc. The Association shall make available to Owners, prospective purchasers and First Mortgagees, current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. Any first Mortgagee shall be entitled, upon written request and at its expense, to an audited financial statement for the immediately preceding fiscal year. Such financial statement shall be furnished by the Association within a reasonable time following such request. 10.5 Owners' Ri t to Ineress and Egress. There shall be no restriction upon any Owners' right of ingress and egress to his Lot, which right shall be perpetual and appurtenant to his Lot Ownership. 10.6 Notice of Intended Action. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of: ,`, (a) Any proposed amendment to the Proj ect Documents effecting a change in (i) the boundaries of any Lot or the exclusive use rights appertaining thereto, if any, (ii) the interests in the general or exclusive use Landscape Areas, if any, appertaining to any Lot or the liability for common expenses appertaining thereto, (iii) the number of votes in the Association appertaining to any Lot, or (iv) the purposes to which any Lot or the Landscape Areas aze restricted; (b) Any proposed termination of the legal status of the Project as a Planned Community. (c) Any condemnation loss or casualty loss which affects a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party- (d) Any delinquency in the payment of Assessments or Individual Chazges owed by an Owner of a Lot subject to a First Mortgage held, insured or guazanteed by such requesting party which remains uncured for a period of sixty (60) days. (e) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. 10.7 Taxes. First Mortgagees of Lots may, jointly or singly, pay taxes or other chazges which aze in default and which mayor have become a change against the Landscape Area and may DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 16 pay overdue premiums on hazazd insurance policies, or secure new hazard insurance coverage on the lapse of a policy. 10.8 Maintenance Reserves. Association Assessments or charges shall include an adequate reserve fund for maintenance, repairs and replacement of those elements of the Landscape Area which must be replaced on a periodic basis and shall be generally funded through Regular Assessments rather than through Special Assessments. 10.9 Notice of Default. A First Mortgagee, upon request, shall be entitled to written notification from the Association of any default in the performance by the affected Lot Owner of any obligation under the Project Documents which is not cured within sixty (60) days. 11. AMENDMENTS 11.1 Procedure. Except as otherwise herein expressly provided (See Section 8.3), until the two (2) class voting structure of the Association is converted to one (1) class voting, this Declazation may be amended by an instrument in writing signed and acknowledged by the President and Secretary o f t he Association, c ertifying t hat such amendment has been approved by members representing at least seventy-five percent (75%) of the total voting power of each class of membership of the Association. At such time as the two (2) class voting structure has been converted to one (1) class voting pursuant to the provisions hereof, any such amendment shall be approved byseventy-five percent (75%) of the total voting power of the. Association and seventy- fivepercent (75%) of the votes of members other than the Declarant. Provided that, the percentage of the voting power necessary to amend a specific clause or provision shall not be less than the percentage of affirmative votes prescribed to take action under said clause or provision. Provided further that, the Declarant shall have the power and authority to amend this Declaration when ~, required by a governmental agency as a condition to obtaining a pemut. 12. GENERAL PROVISIONS 12.1 Binding Effect: Term. The covenants, conditions and restrictions of this Declaration shall run with the land, and shall inure to the benefit of and be enforceable by the Association, or any Owner, their respective legal representatives, heirs, successors, and assigns. 12.2 uisance. Every act or omission whereby any provision of this Declaration is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant, the Association or any Owner. 12.3 Violation of Law. Any violation of any federal, state, municipal, or local law, ordinance or regulation, pertaining to the Ownership, occupation or use of the Project or any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth herein. 12.4 Condemnation of Common Area. If at any time all or any portion of any Common Areas, or any interest therein, is taken for any public orquasi-public use, under any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the entire awazd in condemnation shall be paid to the Lot Owners of the property condemned, provided the Association is released from any and all obligations of landscaping or maintenance. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 17 12.5 Obligations of Owner. No Owner may avoid the burdens or obligations imposed on him/her by this Declaration through non-use or by abandonment of his/her Lot. Upon the ~ conveyance, sale, assignment or other transfer of a Lot to a new Owner, the transferring Owner shall not be liable for any assessments levied with respect to such Lot after the date of such transfer, and no person, after the termination of his status as an Owner and prior to his again beconung an Owner, shall incur any of the obligations or enjoy any of the benefits of an Owner under this Declaration. 12.6 Notice of Sale. Within five (5) business days after the consummation of the sale of any Lot under circumstances whereby the transferee becomes an Owner thereof, the transferee shall notify the Association in writing of such sale. Such notification shall set forth (i) the name of the transferee and his/her transferor, (ii) the street address of the Lot purchased by the transferee, (iii) the transferee's mailing address, and (iv) the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Association, the Boazd or the Architectural Committee shall be deemed to be duly made and given to the transferee if duly and timely made and given to his/her transferor. 12.7 Notices. Any written notice or other documents relating to or required by this Declaration may be delivered either personally or by mail. If by mail, such notice or document shall be deemed to have been delivered and received five (5) calendaz days after a copy thereof has been deposited in the United States postal service, postage prepaid, addressed as follows:. (a) If to the Association, to the address designated by the Association as its principal office address in the Articles of Incorporation; (b) If to an Owner, to the address of any Lot owned, in whole or in part, by him/her or to any other address last furnished by an Owner to the Association; ~,, (c) If to Declarant: Paul Grout PO Box 8210 Medford, Oregon 97504 Provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the Association. Each Owner of a Lot shall file the correct mailing address of such Owner with the Association, and shall promptly notify the Association in writing of any subsequent change of address. 12.8 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. 12.9 Partial Invalidity. The invalidity or partial invalidity of any provision of this Declaration shall not affect the validity of enforceability of any other provision. 12.10 Number; Gender. As used herein, the singulaz shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 18 '~ 12.11 Contracts. Any agreement for professional management of the Project which is to be assumed by the Association, or any other contract providing for services, entered into by the Declarant shall not exceed three (3) years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on thirty (30) days or less written notice. IN WITNESS WHEREOF, Declarant has executed this Declaration this day of 2004. Paul Grout, Declarant STATE OF OREGON ) ss County of Jackson ) ~ On this day of , 2004, personally appeared before me the above- namedperson, Paul Grout, and acknowledged the foregoing Declaration of Covenants, Conditions and Restrictions to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: H:\USER\FD.ES\25203C1Pittview Village (Grout) CCRS -12-041.wpd DECLARATION OF COVENANTS, CONDITIONS AND ~I.~. RESTRICTIONS FOR PITTVIEW VILLAGE -PAGE 19