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HomeMy WebLinkAboutApplication APPLICANT 12/29/2020PNINGFIELO ��nnOAEGON �u��mitf�anf to tfie C`t;y of Splringfie./d' ■ 5 �"t�rc�-f t0= �� Cour ty Name of Plat: GARDEN VIEW PLACE Subdivision Titles of required do3uments: CYOriginal signed plat on acid free archivable bond paper (2 pages) 01�0nginal Signed CC&K's (29 pages) CV Original Signed HOA's Bylaws (21 pages) M/ rfginal Signed 9.00' Public Sanitary Sewer Easement (2 pages) Original Signed 5.00' Private Water Ease_ment_& Maintenance 0greement (4 pages) Ca' Original Signed 20.00' Private Joint Access and Utility Easement & ,Maintenance Agreement (2 pages) Cr Original Signed 20.00' Private Joint Access and Utility. Easement & amtenance Agreement (2 pages) EyOr.iginal Signed 5.00' Private Water Easement &_ Maintenance �greement (4 pages) ringfield Utility Board Electric Easement (4 pages) :�[IrTant Title Report Com]' VcstingDeed C'J A copy of each of the previous for Planning nj&jd! , ❑ Final Plat Application Form and Fee L13 -- ------ - (Rolled) Sincerely, City Instructions: This form is to accompany the plat and the supporting documents to the Public Works Department of the City of Springfield at the time of final plat submittal. The purpose is primarily to notify the planning office that the Surveying Division has received di the documents it requires for final plat submittal. County Instructions: This to. is to ..company the plat and the supporting documents to the Lane County Surveyor's Office at the time of final submittal for recording. The purpose is primarily to notify that office of which items need to he recorded simultaneously with the plat, but it also serves to remind the developer/surveyor that these documents need to be included in the final submittal package to the County Surveyor. Q\UunMJ183431AppDeh ocal crosoR\Wmdo%s%Me,Cacbe3 IantWtlookis=10All den V.—PI.,Sbd —,,a iSrb—orl-2d— City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision SPNINpF1E D Application , Partition Plat Pre -Submittal: Subdivision Plat Pre -Submittal: Partition Plat Submittal: Subdivision Plat Submittal: Required Project Information (Applicant., complete this section) ApplicantNamw. Earl L. McElhany Phone: 541-632-2638 Company: EMMBDevelti ntent LLC Fax: Address: 2600 31st Street, Springfield, OR 97477 Applicant's Rep.: Mackenzie C. Wyntergreen, PLS Phone: 541-670-5458 Company: Geomax, Inc Fax: Address: 806 N. 9th Street, Cottage Grove, OR 97424 Pro ertOwner: EarIL.McElhany Phone; 541-632-2638 Company: EMMB Deveoprcut LLC Fax: Address: 2600 31st Street, Springfield, OR 97477 ASSESSOR'S MAP NO: 17-13-36-13 TAX LOT NOS : 12400 Property Address: 316-388 19th Street Size of Property: 0.924 Ac Acres © Square Feet ❑ Proposed Name of Subdivision: Garden view Place Subdivision Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Create a 10 lot cluster subdivision for moderate income residential Existing Use: Land is now vacant Tentative Case #: 811-18-000134-TYP2 # of Lots/Parcels: 12 Av . Lot/Parcel Size: 2,550 sf Densit : 10 du/acre Si natures: Please sign and rint XOUr name and date in the apprOoriate box on the next nage. Required Project Information (City Intake Staff., complete this section) Associated Ap lications: Pre -Sub Case No.: Date: Reviewed by: Case No.: 77��ll VL' L' Date: PL 10 Reviewed b : Lt Application Fee: $ OJIc Technical Fee: $ Posta a Fee: $0 TOTAL FEES: $ 6 Is 0 PROJECT NUMBER: Revised 10.14 13 kl 1 of Owner Signatures This application form is used for both the required pre -submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. The undersigned acknowledge at the information in this application is correct and accurate for scheduling a Pre- Submittal Meeting. If the plicant is not the o er, the owner y grants permission for the appy t to act in his/h ehalf. I/w o hereb cknowledge that I/we are legally r ons for all st cry timelin ormation, requests and rrequireme conveyed to resentative. I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre -Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Date: Revised 10.14.13 kl 2 of Land Division Plat Application Process (see next page for a diagram of this process) I. Applicant Submits a Land Division Plat Application for Pre -Submittal • The application must conform to the Land Division Plat Pre -Submittal Requirements Checklist on pages 4-6 of this application packet. • A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon. • Planning Division staff strives to conduct pre -submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre -Submittal Meeting • The applicant, owner, and design team are strongly encouraged to attend the pre - submittal meeting, • The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 minutes. • The Planner provides the applicant with a Pre -Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 180 days submit a complete application to the City. 3. Applicant Submits a Complete Land Division Plat Application • When the applicant has addressed all items on the Pre -Submittal Checklist and the City Surveying Section has notified the applicant's surveyor that the plat and other documents are sufficiently refined, the applicant can submit a complete application to the City Survey Section located in the NW Quad of City Hall. • The application must conform to the Land Division Plat Submittal Requirements Checklist on page 6 of this application packet. • If the submittal is deemed complete, the City Survey Section will sign -off on the City Survey approval sheet and send the applicant to the Development & Public Works Department for application submittal and fee collection. • Planning staff checks and signs the mylars. 4. Applicant Records Plat at Lane County & Submits Plat and Documents to City • After Planning staff checks and signs the mylars, the plat may then be recorded by the applicant's surveyor at Lane County. After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled paper copies of the plat and three (3) copies of required documents to the Development & Public Works Department prior to the issuance of building permits. Revised 10.14.13 kl 3of6 LAND DIVISION PLAT APPLICATION PROCESS Applicant submits land division plat application for pre -submittal (See Land Division Plat Pre -Submittal Requirements Checklist) City departments review application for completeness and hold pre -submittal meeting to discuss completeness issues with applicant and applicant's representatives. Applicant addresses incomplete items. City Surveyor checks application and returns comments to applicant's surveyor. Applicant's surveyor corrects plat City Surveyor conducts field check and and returns to City Surveyor. returns comments to applicant's surveyor Applicant's surveyor sets new monuments and flags existing ones. Once no errors appear on the plat and a current title report is submitted, applicant's surveyor is given ok to submit complete land division plat application. After ok given from City Surveyor and applicant has addressed all incomplete items from pre -submittal, applicant submits complete application to the City Survey Section (See Land Division Plat Submittal Requirements Checklist) City Survey Section signs -off on City Survey approval sheet and sends the applicant to the Development & Public Works Department for application submittal and fee collection. Planning staff checks and signs mylars and notifies applicant's surveyor of approval. Applicant takes plat and accompanying documents to Lane County for recording. Applicant brings copies of recorded plat and documents to Development & Public Works Revised 10.14.13 kl 4 of 6 ❑ Post Monumentation Deposit as required for subdivisions only. City Survey Section has current fee schedule and templates. ❑ Location of Any Floodways in accordance with SDC 3.3-400. ❑ Existing Easements Clearly Identified with Their Recorded Reference. ❑ New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right -of -Way. Land Division Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. Land Division Plat Application Form V3 I wo (2) Copies of the Deed Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. bond. Original Plat on-Mytar with notarized owner(s) signature(s) and signed surveyor stamp. Z"k fke v%e Copy of thel�ar onj':Pkd Paper Original and Copy of all Required Documents with signatures where appropriate. Revised 10.14.13 kl 6of6 MILLER Liz From: Mick Wyntergreen <mick@geomax.us> Sent: Monday, December 28, 2020 5:43 PM To: Earl McElhany;'mike@blankenshipcorp.com'; MILLER Liz Subject: City of Springfield Application Fee Earl, I was going to forward you the email from the city. But after 2 or 3 emails back and forth the string gets kind of hard to read. The person you want to talk with at the City of Springfield tomorrow is Liz Miller. She is a Planner, and her number is 541-726-2301. Also her email is address is Imiller(@sprinefield-or.gov if you need to get a hold of her for any reason. Like I said on the phone the total amount for the application that needs to be paid to the City of Springfield is $930+ ($580`10) = $6,730 + %5 = $7,066.50 There is one problem that came to me as I was writing this. The application that I am turning in tomorow has signature lines for the owners. But it also has signature lines for the agent, which is me as I'm filling it out. But I might need your signature. I'll find out for sure in the a.m. Thanks, and have a good night. Mick Mick Wyntergreen, ALS 84224 7-0126. C21C 54-6.0-5458 mickfteamc ru Geo ,Inc Street Corroye Grove. )R 97J74 RECORDING COVER SHEET (Please print or type) This Cover sheet was prepared by the person presenting the instrument for recording. The information on this sheet is a reflection of the attached instrument and was added for the purpose of meeting First page recording requirements in the State of Oregon, and does NOT affect the instrument. ORS 205.234 After recording return to: ORS 205.234(1)(c) Leahy, Van Vactor, Cox, Melendy, LLP 188 West B St, Bldg N Springfield, Or 97477 Lane coumy clerk 2019-023147 Lane County Deeds & Records 06/11/2019 02:42:02 PM RPR -DEED Cn1=1 Stn=a CASHIER 04 3pages $16.Wi11.00$10,00$20.00$61 00 $117.00 1. Title(s) of the transaction(s) ORS 205.234(1)(a) Bargain and Sale Deed 2. Direct partv(ies) / grantor(s) Name(s) Earl McElhany ORS 205.234(1)(b) 3. Indirect party(les) / grantee(s) Name(s) ORS 205.234(1)(6) EMMB Development, LLC 4. True and actual consideration: S. Send tax statements to: ORS 205.234(1)(e) ORS 205.234(1) Amount in dollars or other $ Earl McHhany Other: 260031st Street _ Springfield, OR 97477 6. Satisfaction of lien, order, or warrant: i 7. The amount of the monetary obligation imposed ORS 205.234(1)(f) iby the lien, order, or Warrant: ORS 205.234(1)(f) ❑ FULL ❑ PARTIAL $ S. Previously recorded document reference: 2016-025804 9. If this instrument is being re-recorded complete the following statement: ORS 205.244(2) "Rerecorded at the request of EMMB Development, LLC to correct legal description by attaching Exhibit "A" previously recorded in book and page , or as fee number 2018-025804 After Recording Return To: Leahy, Van Vactor, Cox & Melendy, LLP 188 West B Street, Building N Springfield, OR 97477 Until Requested Otherwise, Send Tax Statements To: -Egr1 McElhany 7600 11 st s eP -Springfield, OR 97477 mane �0".Iy GlerK 2018.425844 Lane COunIY Deeds and Records 111111111111 1111111111111111111 $87.00 01 72402120 1 6 0929d61469102115 """or or RPR -DEED Cnlel Slncgl CRSHI�E12008 03:16;28 PM $5.00 $11.00 $61.00 $10.00 SALE Earl McElhany and Blankenship Corp., Grantors, convey, bargain and sell to EMMB Development, LLC, Grantee, the following real property situated in Lane County, Oregon, and more particularly described as follows: SEE ATTACHED FOR EXHIBIT "A" The true consideration of this conveyance is other than monetary. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 3 J, CHAPTER 855, OREGON LAWS 2009, AND SECRDNS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING ED ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE OR APPROPRIATE CTTYORCOUNTY PLANNING DEPARTMENTTO VERIFYTHATTHE UNITOF LAND BEINGTRA WITH THE IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED RED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING ORu" TH PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 T 11, CHAPTER424, OREGON RSWIF ANY, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO T, CHAPTER 8, OREGON LAWS 2010. DATED this 5 day of r 2018, L BLNKEN SHIP CR Earl cElhany AO By: Mike Blankenship, President STATE OF OREG0 un ty of Lane) ss. This instrument was acknowledged before me on 5 0 l g 2018, by Ead L. McElhany. AMP �] `r- J�L� ERIN ANNE AMPEq NDTMYPUBLK:OREGON Notary Public for Oregon COMM13310N L932912 MY WMMIS610NEMPIRE60CTOBEA02,2016 STATE OF OREGON; County of Lane ) ss. This instrument was acknowledged before me on 5 —qo/ e 2018, by Mike Blankenship, President of Blankenship Corp. OFFICIALMAMP WriwYt-C cC�7 ERIN ANNE DIETEq NOTARYvueuIT EGO11 N Notary Public for Oregon WOOMMCISSIONFXPIRES OCTOBER 02, 2018 EXHIBIT"A" LEGAL DESCRIP110N The South 314 ofLot .10, H.L. and T B. Stewarts Plat Na 2, as Platted and recorded in Volume 3, Page 38, Lane Courtly Oregon Plat Records, in Lane County, Oregon. Save and: Except therefrom the North 2.5 Feet. ALSO: The North 59.6 feet of Lot 15, H.L. and T B. Stewarts Plat No. 2, as platted and reoorded in Volume 3, Page 36, Lane County Oregon Plat Records, in Lane County, Oregon. EXCEPT That portion lying South of the North line oFTax Lot No. 13900. EXOEP .That portion out to Parcel No. 13902 per Instrument on:R846127944for 1977-78. FURTHER EXCEPT. That portion out to Parcel No. 13903 per Instrument on R846t27945 for 1977-78. Ora im.: 1& 1%77 P.g.4 04 A 1570 Mohawk Boulevard • S R 97417 OR 97477 P.O. Boz 41. • .1981 fielq OR 9]4]] PhoFax 5 5.741.0 .1981 Fax 541.]41.0619>' Evergreen lued Tlee C.n Y TITLE INSURANCE SERVICES • ES November 09, 2020 Order No. 18-15977 260 Country Club Rd, Ste 120 • Eugene, OR 97401 P.O. Box 10211 • Eugene, OR 97440 Phone: 541.687.9794 Fax: 64 .697.0924 Sth SUPPLEMENTAL TITLE REPORT Geomax Inc. 806 North 9th Cottage Grove, OR 97424 Attn: Michael P Schulze e-mail: mschulze@geomax.us Dear Michael P Schulze: We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO Showing fee simple title as of November 04, 2020, at 8:00 a.m., vested in: EMMB DEVELOPMENT, LLC. Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 18-15977 Page 1 of4 NOTE: As of July 05, 2019, there are no liens for the City of Springfield. NOTE: SUPPLEMENTED TO UPDATE REPORT. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE By: / Joseph M Silence Title Officer cc: NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED, Order No.: 18-15977 Page 3 of 4 Privacy Policy Notice As adopted July 1; 2001 Evergreen Land Title Company Private Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance ,vith the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Evergreen Land Title Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other farms. • Information about your transactions we secure from our fles, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you.. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the follo,ving types of nonaffiliated companies that perform marketing services on our behalf or .with •whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance. securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical. electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. aU m YU ~ J J_ W F 7 F 0 Z J W W C LL GW Uy Z Q R W a (n N N .L. 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H 41 (n C 1- yda COD 0 : 96 H— O U zN ci L a� 1� — s' as Pte` al „Ci ami LX7 Q 4 [1 ^- C +J m -0 � Q F +-) � p p Q Q O o F4� a, Q ,� a o " °' "- a, a O C x r -d <p �{ i! �� M N Ww a 0.06 W a -M Gf al :i a 7 U\ U7 U W .moi H •J U} Q) O (-)in a 0 CV a 9C u, � LO M .di � G� o °: K o r0. i LU W z r4 After Recording Return To: Earl L. McElhany 2600 3l" Street Springfield, OR 97477 Until Requested Otherwise, Send Tax Statements To Earl L. McElhany 2600 31" Street Springfield, OR 97477 20.00' PRIVATE JOINT ACCESS AND UTILITY EASEMENT AND MAINTENANCE AGREEMENT RECITALS: EMMB Development, LLC is the owner of a certain real property, described as Lots 1 through 10, and Tracts A and 6 of Garden View Place Subdivision, as platted and recorded as Document No. Records of Lane County, Oregon. DECLARATION OF EASEMENT: 1. Easement Description EMMB Development, LLC has created a 20.00 -foot easement across Tract B forthe benefit of Lots 1 through 10 on the plat of said Garden View Place Subdivision. 2. Easement Created. The easement is created to allow private utilities, access, ingress and egress to the public street system and to allow for driveway purposes and public emergency access. Portions of the easement are also encumbered by public utility easements. Private utilities are not permitted within the public utility easements, except for crossings. 3. Use of Burdened Property. The owners or occupiers of the Lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. 4. Maintenance and Rep Jrs The cost of any maintenance or repair of the area within the easement shall be apportioned between the owners of Lots 1 through 10 of said plat equally. 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of Lots 1 through 10 of said plat equally and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own any of the aforementioned lots. Dated this Z3 qday of 6e /' 2020. Mike ankenship, Managing Member Blankenship Corp., as member of EMMB Development, LLC State of Oregon ) ) ss. County of Lane ), There personally appeared before me the above named Mike Blankenship, acting in his capacity for BLANKENSHIP CORP. , as member of EMMB DEVELOPMENT, LLC known to me to be the same person who executed this declaration and acknowledged the same to be a voluntary deed. Acknowledged before me this 23f d Dayof 2020. OFFICIAL STAMP SCOTT WARREN TRUE ` NOTARY PUBLIC -OREGON COMMISSION N0. 972395 My COMMISSION EXPIRES MARCH 14, 2022 Dated this�70?dayof On.,I.._r 2020. G l /'� a Earl' C161cElhany, Managing Me EMMB Development, LLC State of Oregon ) ) ss. County of Lane ) Nota Publicfo Oregon My commission expires: 3 1 R2_ There personally appeared before me the above named Earl L. McElhany, acting in his capacity for EMMB DEVELOPMENT, LLC known to me to be the same person who executed this declaration and acknowledged the same to be a voluntary deed. (� Acknowledged before me this 23f d Dayof _ ,�zclty`t�r 2020. OFFICIAL STAMP SCOTT WARREN TRUE ` NOTARY PUBLIC -OREGON COMMISSION NO. 972396 Not ublic for Ore MV COMMISSION EXPIRES MARCH 14, 2022 Y gon My commission expires: W7p22 After Recording Return To: Earl L. McElhany 2600 31" Street Springfield, OR 97477 Until Requested Otherwise, Send Tax Statements To: Earl L. McElhany 2600 31 ° Street Springfield, OR 97477 5.00' PRIVATE WATER EASEMENT AND MAINTENANCE AGREEMENT RECITALS: EMMB Development, LLC is the owner of a certain real property, described as Lots 1 through 10, and Tracts A and B of Garden View Place Subdivision, as platted and recorded as Document No. Records of Lane County, Oregon. DECLARATION OF EASEMENT: 1. Easement Description. EMMB Development, LLC has created a 5.00 -foot easement across Tract A for the benefit of Lots 6 through 10 on the plat of said Garden View Place Subdivision as described in Exhibit A and shown on Exhibit B. 2. Easement Created. The easement is created to allow private water utilities. 3. Use of Burdened Property. The owners or occupiers of the Lots affected by the easement shall have the right to use their property, including the area described as the easement, for any purpose as long as the owners or occupiers do not interfere with the use of the easement as granted by this instrument. 4. Maintenance and Repairs. The cost of any maintenance or repair of the area within the easement shall be apportioned between the owners of Lots 6 through 10 of said plat equally. 5. Successors in Interest. The provisions of this instrument touch and concern, and relate to the use of Lots 6 through 10 of said plat equally and are intended to be covenants and restrictions running with the land. All provisions of this instrument, including the benefits and burdens, are binding and enure to the heirs, successors, assigns, transferees, and personal representatives of all parties who own any of the aforementioned lots. Dated this Z3 Wday ofae 1P r 2020 Mike Blankenship, Managing Member Blankenship Corp., as member of EMMB Development, LLC State of Oregon ) ) ss. County of Lane ) There personally appeared before me the above named Mike Blankenship, acting in his capacity for BLAN KENSHIP CORP. , as member of EM MB DEVELOPMENT, LLC known to me to be the same person who executed this declaration and acknowledged the same to be a voluntary deed. Acknowledged before me this P—S"J Day of _ �er'V eC 2020. OFFICIAL STAMP SCOTT WARREN TRUE NOTARY PUBLIC -OREGON COMMISSION NO. 972395 MY COMMISSION EXPIRES MARCH 14. 2022 Dated thisu&Pday of 0"« 16c 2020. �Lchany, Managinwf , er EMMB Development, LL !! State of Oregon ) ) ss. County of Lane ) V. 01 NotA Public for Oregon My commission expires: 3/uiz There personally appeared before me the above named Earl L. McElhany, acting in his capacity for EMMB DEVELOPMENT, LLC known to me to be the same person who executed this declaration and acknowledged the same to be a voluntary deed. Acknowledged before me this nrj Day of _De'2Yt4 bP�r 2020. OFFICIAL STAMP SCOTT WARREN TRUE (J NOTARY PUBLIC -OREGON �j�((.�[ COMMISSION NO. 972395 Nota! P_U'b'li-[for MY COM MISSIGNEXPIRESMARCH14,2022 y Oregon My commission expires: 3 )y �%�- EXHIBIT A A unit of land being situated in the Northeast One-quarter of Section 36, Township 17 South, Range 03 West, Willamette Meridian, said unit of land also being situated in a portion of Tract A, GARDEN VIEW PLACE SUBDIVISION, as platted and recorded as Document No. Records of Lane County, Oregon, and more particularly described as follows: Beginning at the Northeast corner of Lot 6, GARDEN VIEW PLACE SUBDIVISION; Thence along the North line of said Lot 6, South 89'42'20" West, a distance of 5.00 feet; Thence leaving said North tine, North 00°00'17" West, a distance of 5.00 feet; Thence North 89°42'20" East, a distance of 153.00 feet to the West Right -of -Way line of 19" Street; Thence along the West Right -of -Line of said 19" Street, South 00"00'17" East, a distance of 5.00 feet; Thence leaving the said West Right -of -Line, South 89°42'20" West, a distance of 148.00 feet to the Point of Beginning. d - f ��9 ") od >9 9 rB F b� e $dw J,39H1,5 H181 p"" 4 "za�Flj x) a'nx 0 CO =C ca �.d J O JLL 'y�x� m S OLLsaa W O � Via^ e`a Vis: cc �• O� a�J y � � es ss (,¢nv •,os.00-ooxl ��ass i� � � -__ E9 �Y°pN5 sS5 oa nC ss I d is spm s m s CL - s ui t Sec M}�PnOpu i p � � i6 mm� inion RI tl .. a� . , •t5onaa � mw4,wsx �V� «off I n aa� T- 9 m6 v a�vaa AFTER RECORDING RETURN TO: CITY OF SPRINGFIELD PUBLIC WORKS DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OREGON 97477 UNTIL REQUESTED OTHERWISE SEND TAX STATEMENTS TO: EARL L. MOELHANY 2600 31 " STREET SPRINGFIELD, OREGON 97477 9.00' PUBLIC SANITARY SEWER EASEMENT Tax Map & Lot Numbers 17-03-36-13: 012400 (on the date of execution) THIS INDENTURE MADE and entered into this UA-' day of PcC6� oeK , 20 Za , by and between EMMB Development, LLC, hereinafter referred to as the Grantor(s), and the CITY OF SPRINGFIELD, a municipal corporation, in Lane County, Oregon, hereinafter referred to as Grantee. WITNESSETH: In Consideration of the acceptance by the Grantee, and for Grantee's use or holding of said easement for present or future public use, Grantor(s) hereby grants, bargains, sells and conveys unto the said Grantee, a perpetual easement 9.00 feet in width, together with the right to go upon said easement area hereinafter described below for the purpose of constructing, reconstructing, maintaining and using a public sanitary sewer facility ,which may hereafter be installed on the following described property, to wit: The West 9.00' of that parcel conveyed in Bargain and Sale deed Instrument Number 2019-023147 Lane County Deeds and Records TO HAVE AND TO HOLD said easement unto said Grantee and Grantee's heirs, successors and assigns forever. THE CONSIDERATION for this conveyance is other than monetary. IN WITNESS WHEREOF, the Grantors above named have hereunto set their hands and seals on De�, IN-' zi`Ro .207o . SIGNATURE: 44-4 Ead L. McElhany RINT NAME Mike Blanken MT NAME GGEOLty WC MjmisQ01A`SOSE EMMp Oer-Gutlen Visw SUWiviaion`.WPpnc��l n¢ 610 REVISED: Dec. 2015 STATE OF OREGON COUNTY OF LANE I SS This instrument was acknowledged before me on Dtr.eh6-,fz-3 r 1� 202() by Mike Blankenship, managing member of Blanekship Corp., as member of EMMB Development, LLC. OFFICIAL STAMP SCOTT WARREN TRUE J* NOTARY PUBLIC -OREGON COMMISSION NO.973395 MY COMMISSION EXPIRES MARCH 14, 2012 STATE OF OREGON SS COUNTY OF LANE JJJ LY Not Pu lic for Oregon This instrument was acknowledged before me on Dec Mb -_F 23'f -j, .20 20 by Earl L. McElhany, managing member of EMMB Development, LLC. OFFICIAL STAMP SCOTT WARREN TRUE ' NOTARY PUBLIC -OREGON COMMISSION NO. 972395 MI MV COMSSION EXPIRES MARCH 14, 2014 0_/ �" JiM Notary Public l T4 for Oregon THE CONVEYANCE set forth in this instrument conveying title or interest to the City of Springfield, a Municipal Corporation of the State of Oregon, is hereby approved, and the title or interest conveyed therein is hereby accepted. CITY OF SPRINGFIELD By: Chris Moorhead - City of Springfield Surveyor Date c�wm,.mo e,�lm:missmtemmeo�.n.m..... snmminoaweoodm,a-m_ciy ossea�yn.m s�e,y s�o.eu;m�,iao.. REVISM Doc. 2G15 After Recording Return To: Leahy Cox, LLP 188 West B Street, Building N Springfield, OR 97477 Until Requested Otherwise, Send Tax Statements To: Earl L. McElhany 2600 31" Street Springfield, Oregon 97477 BYLAWS OF GARDEN VIEW PLACE HOMEOWNERS ASSOCIATION Article 1 PLAN OF LOT OWNERSHIP; DEFINITIONS 1.1 Bylaws Applicability. These Bylaws apply to the Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 (the "Member Lots') and the Common Area in Garden View Place, a planned community in Lane County, Oregon, that have been subjected to the Declaration of Conditions, Covenants, and Restrictions of Garden View Place (the "Declaration"), as well as to the Garden View Place Homeowners' Association, an Oregon nonprofit corporation (the "Association '�, and the entire management structure thereof. 1.2 Lots; Property. The Member Lots and the Common Area may be collectively referred to in these Bylaws as the "Property" or "Project" and the Member Lots individually as a 'Lot" or collectively as the "Lots." 1.3 Personal Application. All present or future Owners, tenants, Occupants, and their employees, and any other person that might occupy any portion of the Property in any manner, are subject to the provisions set forth in these Bylaws. The acquisition, rental, or occupancy of any of the Lots constitutes acceptance and ratification of these Bylaws and agreement to comply with all the provisions hereof. 1.4 Definitions. Capitalized terms used but not defined herein have the meanings attributed to them in Article 1 of the Declaration. 1.5 Oregon Planned Community Act. The Property, all Lots and Owners thereof, and the Association and all Members thereof, are subject to the Oregon Planned Community Act, ORS 94.550-94.783 (the "PCA'). 1.6 Declaration. The Declaration of Covenants, Conditions and Restrictions for Garden View Place. Page 1 - Bylaws for Garden View Place Article 2 ASSOCIATION MEMBERSHIP; VOTING; MAIORITY OF OWNERS; QUORUM; PROXIES 2.1 Membership in the Association. Upon recordation of a conveyance or a land sale contract to convey a Lot, the grantee or contract purchaser named in the conveyance or contract will automatically be and will remain a Member of the Association until such time as the person's ownership ceases for any reason. For all purposes of the Declaration and the administration of the Property, Lot ownership will be determined from the records maintained by the Association. The record will be established by the Owner filing with the Association a copy of the deed to or land sale contract for the Owner's Lot, to which must be affixed the certificate of the recording officer of Lane County, Oregon, showing the date and place of recording of the deed or contract (or Memorandum Therapy). No person will be recognized as an Owner unless a copy of the deed or contract has been filed with the Association as provided above showing the Owner to be the current Owner or contract purchaser of a Lot. Notwithstanding the foregoing, Declarant is the Owner of all previously unsold Lots, although no deed or land sale contract, with respect to such Lots, has been fled with the Association. 2.2 Voting Rights. The Association has two classes of voting members: 2.2.1 Class A. Class A members include all Owners of Lots other than Declarant, and each Class A member is entitled to one vote for each Lot owned with respect to all matters on which Owners are entitled to vote. 2.2.2 Class B. The Class B member is the Declarant, its successors, and its assigns. The Class B member has three votes for each Lot owned. The Class B membership will cease and be converted to Class A membership upon the date on which Declarant elects in writing to terminate Class B membership; or the date the Declarant no longer owns any lot in Garden View Place (the "Termination Date'). After the Termination Date, each Owner, including Declarant, will have one vote for each Lot owned with respect to all matters on which Owners are entitled to vote, and the total number of votes will be equal to the total number of Lots subject to this Declaration. When more than one person or entity owns a Lot, the vote for the Lot may be cast as they determine, but in no event will fractional voting be allowed. Fractional or split votes will be disregarded, except for purposes of determining a quorum. 2.3 Majority of Owners. As used in these Bylaws, the term majority means those Owners holding over 50 percent of the voting rights allocated to the Owners in accordance with the Declaration and Section 2.2 above. Majority of Owners present means Owners holding over 50 percent of the votes present at any legal meeting. Page 2 - Bylaws for Garden View Place 2.4 Quorum. Except as otherwise provided in these Bylaws or ORS 94.655(3) or (4), the presence in person or by proxy of Owners holding 35 percent or more of the outstanding votes in the Association, as defined in Section 2.2 of this Article, will constitute a quorum. 2.5 Voting; Proxies. Owners may cast votes in person, by written ballot, by proxy, or if allowed by the Board of Directors, by electronic ballot in accordance with ORS 94.661. Proxies must be filed with the Secretary of the Association C'Secretary's before or during the appointed meeting. A proxy will expire one year after the date it was signed unless a shorter period is specified in the proxy. The proxies may require the holder to cast a vote for or against any special proposal set forth in the notice calling the meeting. Unless withdrawn, a proxy given to another person to vote at a specific meeting will also be valid at an adjourned meeting called under the provisions of Section 3.8. The Association must retain proxies and ballots for one year from the date of the determination of the vote. 2.6 Authority to Vote. All Owners, including those who have leased their Lot to a third party, will be entitled to vote. An Owner's right to vote may not be revoked. A purchaser under a land sale contract entitled to immediate possession of the Lot will be deemed the Owner thereof, unless otherwise provided in the contract. 2.7 Fiduciaries and Joint Owners. An executor, administrator, guardian, or trustee may vote, in person or by proxy, at any meeting of the Association with respect to any Lot owned or held by the person in such capacity, whether or not the Lot has been transferred to the person's name, as long as the person has satisfied the Secretary (in the Secretary's reasonable discretion) that the person is the executor, administrator, guardian, or trustee holding the Lot in such capacity. Whenever any Lot is owned by two or more persons jointly according to the records of the Association, the vote of the Lot may be exercised by any one of the Owners then present, in the absence of protest by a co-owner. In the event of a protest, no one co-owner will be entitled to vote without the approval of all co-owners. In the event of disagreement among the co-owners, the vote of the Lot will be disregarded for all purposes, except for determining whether a quorum is present. Article 3 ADMINISTRATION 3.1 Association Responsibilities. The Owners constitute the Members of the Association. Except as otherwise provided in the Declaration or these Bylaws, decisions and resolutions of the Association will require approval by a majority of the Owners present at any legal meeting. A legal meeting is one duly called under these Bylaws at which a quorum is present, in person or by proxy at a formal gathering or, if a vote is taken by written ballots, when ballots are returned representing more than 50 percent of the vote, unless a larger vote is required to approve a ballot item, in which case the quorum requirements will be the number of votes required to approve the proposal. Page 3 - Bylaws for Garden View Place 3.2 Place of Meetings. Formal meetings of the Association must be held at suitable places reasonably convenient to the Owners, as may be designated by the Board of Directors of the Association (the "Board'D. If a vote is taken by written ballot, the Board must count the returned written ballots within 48 hours of the ballot return deadline. Each Owner must be notified by mail or other delivery of written notice of the results of the ballot meeting or that a quorum of ballots was not returned within 15 days after the ballot return deadline. 3.3 Turnover Meeting. Declarant must call a meeting (which will be the initial meeting) for the purpose of turning over administrative control of the Association from Declarant to the Members within 90 days after of the Termination Date. 3.3.1 Based on Lot Sales. The date on which Eight of the Member Lots in Garden View Place have been sold and conveyed to Owners other than Declarant; or 3.3.2 Earliest Date. The date on which Declarant delivers written notice to the Association of termination of Class B membership. Declarant must give notice of the Turnover Meeting to each Owner as provided in these Bylaws. If Declarant does not call the meeting as required under this Section 3.3, any Owner may do so. At the Turnover Meeting, Declarant must relinquish control of the administration of the Association and the Owners must assume such control and must elect the Board in accordance with the provisions of Article 4 of these Bylaws. Additionally, Declarant must deliver to the Association all business and financial records, together with all Association bank accounts, funds, and other assets as required by ORS 94.616. The Turnover Meeting may not be conducted by written ballot. 3.4 Annual Meetings. The Board, by a Board action, must cause the first annual meeting of the Association to be held during the calendar year following the calendar year in which the Turnover Meeting is held. The Board, in its discretion, from time to time, may change the meeting date, as long as the meeting is held annually. At the meetings, the Owners must elect new members of the Board in accordance with the requirements of Section 4.7 of these Bylaws to replace those Directors whose terms have expired. The Owners also may transact such other business of the Association as may properly come before them. Annual meetings of the Association may not be conducted by written ballot. 3.5 Special Meetings. The President must call a special meeting of the Owners if so directed by a resolution of the Board or a petition, presented to the Secretary and signed by 30 percent or more of the Owners. All meetings called because of petition of Owners must be held at a formal gathering, and not by written ballot, within 60 days after the Secretary's receipt of the petition. The notice of any special meeting must state the time and place of the meeting and the purpose thereof. No business other than that stated in the notice may be transacted at a special meeting Page 4 - Bylaws for Garden View Place unless by consent of all the Owners of the Lots or as otherwise set forth in these Bylaws. 3.6 Notice of Meetings. The Secretary must mail a notice of each annual and special meeting, stating the purpose thereof and the time and place where the meeting is to be held, to each Owner of record at least 10 but not more than 50 days before the meeting or the date on which ballots for a ballot meeting are required to be returned. The Board of Directors may propose that the Owners take an action by written ballot without a meeting or by electronic ballot as provided by ORS 94.661, according to the provisions of the PCA and the Oregon Nonprofit Corporation Act. The notice must be mailed to the Owner's address last given to the Secretary in writing by the Owner or the Owner's vendee. If Lot ownership is split or the Lot has been sold on a contract, notice will be sent to a single address, of which the Secretary has been notified in writing by the parties. If no address has been given to the Secretary in writing, then mailing to the Project Lot will be sufficient. The mailing of a notice in the manner provided in this Section 3.7 will be considered notice served. 3.7 Adjourned Meetings. As permitted by ORS 65.214, if any gathering of Owners is not a legal meeting because a quorum has not attended, the Owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours nor more than 10 days from the time of the original meeting. The adjournment provisions of this Section 3.8 do not apply to actions proposed to be taken by written ballot. 3.8 Ballot Meetings. Unless prohibited or limited by the Articles of Incorporation of the Association or the PCA, any action that may be taken at any annual or special meeting of the Owners may be taken without a meeting if the Association delivers a written ballot to every Owner entitled to vote on the matter as provided in ORS 94.647 or delivers an electronic ballot to every Owner entitled to vote on the matter as provided in ORS 94.661. The ballot must set forth each proposed action and provide an opportunity to vote for or against each proposed action. A proposed action will be deemed to be approved by written or electric ballot when the number of votes cast by ballot equals or exceeds any quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. The Board must provide Owners with at least 10 days' notice as required by ORS 94.647(2)(b) before written ballots are mailed or otherwise delivered. If, at least three days before ballots are scheduled to be mailed or otherwise distributed, at least 10 percent of the Owners petition the Board requesting secrecy procedures, a written ballot must be accompanied by a secrecy envelope, a return identification envelope to be signed by the Owner, and instructions for making and returning the ballot. If electronic ballots are used, the electronic ballot must be secret. Written ballots that are returned in secrecy envelopes may not be examined or counted before the deadline for returning ballots has passed. An electronic ballot is effective when it is electronically transmitted to the address, location, or system designated by the Board of Directors for that purpose. Page 5 - Bylaws for Garden View Place 3.9 Order of Business. The order of business at all annual meetings will be as follows: (a)Roll call. (b)Proof of notice of meeting or waiver of notice. (c)Reading of minutes of the preceding meeting. (d)Reports of officers. (e)Reports of committees. (f)Election of inspectors of election. (g)Election of Directors. (h)Unfinished business. (i)New business. (j)Adjournment. 3.10 Procedure. All meetings of the Association, the Board, the ARC, and Association committees will be conducted with such rules of order as may from time to time be adopted by the Board. Unless other rules of order are adopted by a resolution of the Board, Robert's Rules of Order published by the Robert's Rules Association will apply. Notwithstanding which rules of order are adopted, the President will be entitled to vote on all matters, not merely to break a tie vote. A tie vote does not constitute a majority or approval of any motion or resolution. Article 4 BOARD OF DIRECTORS 4.1 Number and Qualification. The Board will be composed of three persons, all of whom must be an Owner or a co-owner of a Lot; however, if a Lot is owned by more than one owner, only one owner of that Lot may serve on the Board of Directors at any one time. An officer or employee of a corporation, the trustee of a trust, the personal representative of an estate, or an employee of a trust or estate may serve on the Board if the corporation, trust, or estate owns a Lot. 4.2 Powers and Duties. The Board has the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things that are not by law or by these Bylaws directed to be done by the Owners. 4.3 Other Duties. In addition to duties imposed by these Bylaws or by resolutions of the Association, the Board has authority to carry out and be responsible for the following matters: Page 6 - Bylaws for Garden View Place 4.3.1 Upkeep of Common Area and Commonly Maintained Property. Care, upkeep, and supervision of the Common Area and the Commonly Maintained Property. 4.3.2 Reserves. Establishment and maintenance of replacement Reserve Accounts that the Board deems prudent for replacement of Common Area improvements or facilities and the Commonly Maintained Property. 4.3.3 Assessment Collection. Designation and collection of assessments from the Owners, in accordance with these Bylaws and the Declaration. 4.3.4 Budget; Voucher System. Establishment of a budget, payment of all common expenses of the Association, and institution and maintenance of a voucher system for such payment, which must require a sufficient number of signatories thereon as may be reasonably necessary to prevent any misuse of Association funds, in accordance with these Bylaws and the Declaration. 4.3.5 Insurance. Procurement and maintenance of insurance policies and payment of premiums therefor out of the common expense funds in respect to the Common Area, as more specifically provided in Article 8 of these Bylaws. 4.3.6 Personnel. Designation and dismissal of the personnel necessary for the maintenance and operation of the Project. 4.3.7 Financial Statements. Causing the preparation and distribution of annual financial statements of the Association to each of the Owners, as more specifically provided in ORS 94.670(4) to (6), as applicable. If subject to ORS 94.670(5), the Association may elect on an annual basis not to comply with ORS 94.670(5) by an affirmative vote of at least 60 percent of the Owners other than Declarant. 4.3.8 Rules. Adoption and amendment of administrative Rules and Regulations governing the details of operation and use of the Common Area and administration of the Association, including a fine schedule for violations of these Bylaws, the Declaration, or any rules or regulations promulgated thereunder. However, any such Rules and Regulations must be subject to rescission or amendment by the Association on a majority vote of Owners present at any properly called meeting. 4.3.9 Copies of Documents; Bank Accounts. Causing the Association to comply with ORS 94.670 relating to maintenance within the state of Oregon of documents delivered to the Association by Declarant, depositing all assessments in a separate bank account in the name of the Association, payment of all expenses of the Association from the Association's bank account, maintenance and distribution of financial statements, and maintenance of copies suitable for duplication of the following: the Declaration, the Articles of Incorporation, the Bylaws, the Association Rules and Regulations and any amendments thereto, the most recent annual financial statement, and the current operating budget of the Association. Page 7 - Bylaws for Garden View Place Furthermore, the Board of Directors must cause to be maintained and kept current the information required to enable the Association to comply with ORS 94.670. 4.3.10 Tax Returns. Causing the Association to file the necessary tax returns of the Association. 4.3.11 Mailing Address. Establishing and maintaining a current mailing address for the Association. 4.3.12 Professional Services. Employment of legal, accounting, and other personnel or consultants for reasonable compensation to perform such services as may be required for the proper administration of the Association, and preparing and filing the required income tax returns or forms. 4.4 Limited Authority. The Board may not take any of the following actions, except with the vote or written assent of a majority of the voting power of the Owners other than Declarant: 4.4.1 Third -Party Contracts. Enter into a contract with a third party wherein the third person will furnish management or other services for the Common Area, [the Commonly Maintained Property,] or the Association for a term longer than three years with the following exceptions: (a) Management contracts, service contracts, or employment contracts made by or on behalf of the Association, the Board of Directors or the Owners; however, if entered into before the Turnover Meeting, such contracts may not exceed three years and may be terminated without penalty to the Declarant, the Association, or the Board of Directors if the Board of Directors gives not less than 30 days' written notice of termination to the other party not later than 60 days after the Turnover Meeting. (b) Performance-based energy or water efficiency contracts, or contracts relating to renewable energy facilities or output serving the planned community, including facilities leased to the association; however, such contracts may not have an initial term of more than 20 years and must be recorded in the deed records of Lane County. "Renewable energy facilities" has the meaning provided in ORS 94.700(2)(c). (c) A prepaid casualty or liability insurance policy, or a casualty and liability insurance policy, the term of which does not exceed three years, as long as the policy permits short -rate cancellation by the insured. 4.4.2 Capital Expenditures. Incur aggregate expenditures for capital improvements (as opposed to maintenance, repair and replacement costs) to the Common Area [and the Commonly Maintained Property] during any fiscal year in excess of 5 percent of the budgeted gross expenses of the Association for that fiscal year. 4.4.3 Compensating Board Members. Pay compensation to members of the Board or officers of the Association for services performed in the conduct of the Association's business; however, the Board may cause a member or Page 8 - Bylaws for Garden View Place officer to be reimbursed for expenses incurred in carrying on the business of the Association. 4.5 Management Agent. The Board may employ a management agent, to be compensated in an amount established by the Board, to perform such duties and services as the Board authorizes, including, but not limited to, the duties listed in Section 4.3 of these Bylaws. 4.6 Election and Term of Office. At the Turnover Meeting of the Association, the term of office of two Directors will be fixed for two years. The term of office of one Director will be fixed at one year. Should the number of Directors serving on the Board be increased, the same sequential election terms will apply as nearly as is practicable. Upon expiration of the initial term of office of each respective Director, the Director's successor will be elected to serve a term of two years. The Directors will hold office until their successors have been elected and hold their first meeting. At the Turnover Meeting, upon agreement by vote of the Owners, the Owners may elect Directors by using a ballot that permits each Owner to vote for three nominees. In that event, the two nominees receiving the highest number of votes will be the two-year Directors and the nominee receiving the next highest number of votes will be the one- year Director. 4.7 Vacancies. Vacancies on the Board caused by any reason other than the removal of a Director by a vote of the Association will be filled for the balance of the term of each directorship by vote of a majority of the remaining Directors, even though they may constitute less than a quorum. Each person so elected will be a Director until a successor is elected upon expiration of the term for which the person was elected to serve by the other Directors. 4.8 Removal of Directors. At any legal annual or special meeting (not including actions proposed to be taken by written ballot without a meeting), any one or more of the Directors may be removed with or without cause, by a majority vote of the total voting power of the Owners, and a successor may be then and there elected to fill the vacancy thus created; however, the notice of meeting must specifically indicate that the removal of one or more named Directors is an agenda item for the meeting. Any Director whose removal has been proposed by the Owners must be given an opportunity to be heard at the meeting. 4.9 Organizational Meeting. The first meeting of a newly elected Board must be held within 10 days of election at a place fixed by the Directors at the Association meeting at which the Directors were elected, and no notice will be necessary to the newly elected Directors in order to hold the meeting legally, as long as a majority of the newly elected Directors are present. 4.10 Regular Meetings. Regular meetings of the Board may be held at such time and place as determined, from time to time, by a majority of the Directors. Regular meetings of the Board may be called by the President on at least three days' notice to each Director, given personally or by mail, telephone, e-mail, or facsimile, Page 9 - Bylaws for Garden View Place which notice must state the time, place (as hereinabove provided), and purpose of the meeting. 4.11 Special Meetings. Special meetings of the Board may be called by the President or Secretary or on the written request of at least two Directors. Special meetings of the Board may be called on at least three days' notice to each Director, given personally or by mail, telephone, e-mail, or facsimile, which notice must state the time, place (as hereinabove provided), and purpose of the meeting. 4.12 Waiver of Notice to Directors. Before, at, or after any meeting of the Board, any Director may, in writing, waive notice of the meeting, and the waiver will be deemed equivalent to the giving of the notice. Attendance by a Director at any meeting of the Board will be a waiver of notice by the Director of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice to Directors will be required, and any business may be transacted at the meeting. 4.13 Board of Directors' Quorum. At all meetings of the Board, a majority of the existing Directors will constitute a quorum for the transaction of business, and the acts of the majority of the Directors will be the acts of the Board. If quorum requirements are not met at any meeting of the Board, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business that might have been transacted at the meeting as originally called may be transacted without further notice. 4.14 Board Meetings Open to All Association Members. Except for executive sessions, all meetings of the Board will be open to any and all Members of the Association; however, no Association Member will have a right to participate in the Board's meetings unless the Member is also a member of the Board. The President will have authority to exclude any Association Member who disrupts the proceedings at a meeting of the Board. At the discretion of the Board, the following matters may be considered in executive sessions: (a) consultation with legal counsel concerning rights and duties of the Association regarding existing or potential litigation or criminal matters; (b) personnel matters, including salary negotiations and employee discipline; (c) negotiations of contracts with third parties; (d) collection of assessments; and (e) any other matters permitted by the PCA. Except in the case of an emergency, the Board must vote in an open meeting whether to meet in executive session. If the Board votes to meet in executive session, the presiding officer of the Board must state the general nature of the action to be considered, as precisely as possible, and when and under what circumstances the deliberations can be disclosed to Owners. The statement, motion, or decision to meet in executive session must be included in the minutes of the meeting. A contract or an action considered in executive session does not become effective unless the Board, following the executive session, reconvenes in open meeting and votes on the contract or action, which must be reasonably identified in the open meeting and included in the minutes. Page 10 - Bylaws for Garden View Place 4.15 Notice to Association Members of Board Meetings. For other than emergency meetings, notice of special Board meetings must be mailed to each Owner at least seven days before the meeting by first-class mail, or at least three days before the meeting by hand -delivery to each Lot Owner's address or by facsimile transmission. The Board must give Owners notice of regular Board meetings at the beginning of each year by first class mail or other reasonable means setting forth the time and place of the regular meetings. For any changed time or place, the notice requirements for special meetings will apply. 4.16 Emergency Meetings. In the event of an emergency, Board of Directors meetings may be conducted by telephonic communication or by the use of a means of communication that allows all Board members participating to hear each other simultaneously or otherwise to communicate during the meeting. No notice to either Directors or Association members will be required for such meetings of the Board of Directors to be held for any emergency action. However, no such meeting may occur unless at least 75 percent of the Directors participate in the meeting and after an attempt has been made to reach each Director. 4.17 Compensation of Directors. No Director may be compensated in any manner, except for out-of-pocket expenses. Article 5 OFFICERS 5.1 Designation. The principal officers of the Association will be a President, a Secretary, and a Treasurer, all of whom must be elected by the Directors. The Directors may appoint an assistant treasurer and an assistant secretary, and any other officers as in their judgment may be necessary. 5.2 Election of Officers. The officers of the Association may be elected by the Board at the organizational meeting of each new Board or any Board meeting thereafter, and will hold office at the pleasure of the Board. 5.3 Removal of Officers. Upon an affirmative vote of a majority of the Board, any officer may be removed, either with or without cause, and the officer's successor may be elected at any regular or special meeting of the Board. 5.4 President. The President is the chief executive officer of the Association and will preside at all meetings of the Association and of the Board. The President has all of the general powers and duties that are usually vested in the office of president of an association, including, but not limited to, the power to appoint committees from among the Owners from time to time as the President may, in the President's discretion, decide is appropriate to assist in the conduct of the affairs of the Association. 5.5 Secretary. The Secretary must keep the minutes of all meetings of the Board and the minutes of all meetings of the Association and will have charge of such Page 11 - Bylaws for Garden View Place books and papers as the Board may direct. The secretary will, in general, perform all the duties incident of the office of secretary. 5.6 Treasurer. The Treasurer has responsibility for Association funds and securities not otherwise held by the managing agent and is responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. The Treasurer is responsible for the deposit of all monies and other valuable effects in the name, and to the credit, of the Association in such depositories as may from time to time be designated by the Board. 5.7 Directors as Officers. Any Director may be an officer of the Association. Article 6 OBLIGATIONS OF THE OWNERS 6.1 Assessments. All Owners must pay assessments imposed by the Association to meet all the Association's general common expenses, as more particularly set forth in the Declaration. Assessments will be payable on a periodic basis, not more frequently than monthly, as determined by the Board. Declarant (before turnover) and the Board (after turnover) may, but will not be required to, impose interest or a service charge for late installment payments or allow a discount for payment of the annual assessment or any installment in advance. 6.2 Investment of Reserve Account Funds. Assessments paid into Reserve Accounts must be kept with a safe and responsible depository and must be accounted for separately. If invested, the obligation or security must be fully guaranteed as to principal by the United States of America or one of its agencies. Assessments paid into the Reserve Accounts are the property of the Association and are not refundable to sellers of Lots. However, nothing contained herein will prevent sellers of Lots from treating their outstanding allocable share of Reserve Accounts as a separate or reimbursable item in a sales agreement. No Owner will have any individual rights in any of these reserves. 6.3 Initial Assessment. The amount of the initial assessment due from Lot owners will be determined by Declarant. The amount of the annual assessment thereafter will be subject to review and modification by the Board of Directors. 6.3.2 Procedures. If Declarant or any other person pays all of the operating expenses of the Association or subsidizes the expenses, the assessment will be reduced by that amount, but will not be reduced to a sum less than the total amount of the replacement reserve items. Declarant must give 10 days' written notice to Owners before their obligation to pay the full assessment begins. Thereafter, each owner, including Declarant or the other person, must pay the assessments to the Association. In the event that Declarant has collected initial assessments from Lot purchasers at closing and thereafter elects to pay or subsidize the operating expenses, thereby causing the Page 12 - Bylaws for Garden View Place amount of the assessment to be reduced, the one-time initial contribution collected from Lot purchasers must be held by Declarant in a separate Association account. On the date on which Lot owners are required to pay full assessments, the aggregate sums held in the separate account must be deposited in the Association's general account to be used as working capital. 6.3.3 Temporary Reduction of Assessment Amount. If the Association expenses are temporarily less than projected by Declarant because some or most of the Lots are not yet sold or occupied, Declarant will have the authority to reduce temporarily the amount of the assessment to reflect the lower expenses of the project. 6.4 Income Tax Returns; Determination of Fiscal Year. 6.4.1 Fiscal Year. The fiscal year of the Association will be the calendar year unless otherwise determined by the Board. 6.4.2 Tax Returns. The Board, in its sole discretion, will determine the manner in which all necessary income tax returns are filed and of selecting any and all persons to prepare the tax returns. 6.5 Statement of Assessments. 6.5.1 The Association must provide, within 10 business days of receipt of a written request from an owner, a written statement that provides: 6.5.1.1 The amount of assessments due from the owner and unpaid at the time the request was received, including (a) regular and special assessments; (b) fines and other charges; (c) accrued interest; and (d) late payment charges. 6.5.1.2 The percentage rate at which interest accrues on assessments that are not paid when due. 6.5.1.3 The percentage rate used to calculate the charges for late payment or the amount of a fixed charge for late payment. 6.5.2 The Association is not required to comply with Section 6.5.1 if the Association has commenced litigation by filing a complaint against the owner and the litigation is pending when the statement would otherwise be due. 6.6 Default. Failure by an Owner to pay any assessment of the Association is a default by the Owner of the Owner's obligations under these Bylaws and the Declaration. The Association will be entitled to the remedies set forth in the Declaration. Page 13 - Bylaws for Garden View Place 6.7 Maintenance and Repair. 6.7.1 Lots. Except as otherwise specifically provided in the Declaration and these Bylaws, every Owner must promptly perform all maintenance and repair work to the Owner's Lot and the exterior of the improvements thereon [(which do not constitute Commonly Maintained Property)] and keep the same in good repair and sanitary and neat condition. 6.7.2 Common Area and Commonly Maintained Property. The Association must repair and maintain the Common Area and the Commonly Maintained Property, subject to the provisions of subsection 6.7.3. 6.7.3 Reimbursement of Association. An Owner must reimburse the Association for any expenditures incurred in repairing or replacing any portion of the Common Area for of any Commonly Maintained Property] that was damaged through the Owner's fault and that is not otherwise covered by insurance policies carried by the Owner or the Association for the Owner's and the Association's benefit. In such circumstances, the insurance obtained by the Owner will be deemed to be the primary coverage. The Board of Directors will have the unfettered discretion to refuse to make a claim on the Association's policy even though coverage may pertain. The discretion is for the purpose of maintaining the Association's insurability and controlling the amount of the premiums for the Association's insurance. The charge will be collectible as a Reimbursement Assessment as provided in the Declaration. Article 7 USE AND OCCUPANCY RESTRICTIONS; RULES OF CONDUCT 7.1 Additional Rules. In addition to the rules set forth in the Declaration, the Board may promulgate and amend, from time to time, Rules and Regulations concerning other use of the Property and must furnish copies of the Rules and Regulations to any Owner or Occupant requesting such copies. 7.2 Enforcement. The Association, through its Board of Directors, has the power to enforce the covenants and restrictions in these Bylaws and in the Declaration. Owners have the right to bring actions or suits regarding covenants and restrictions, but Owners have no right or power to require the Association or Board of Directors to take any enforcement action. 7.3 Fines. The Board of Directors may, after giving written notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, as long as fines levied are based on a schedule previously adopted by Board resolution that is mailed to the mailing address of each Lot or mailed to the mailing address designated in writing by the Owner(s). Page 14 - Bylaws for Garden View Place Article 8 INSURANCE 8.1 General. The Board must obtain and maintain at all times insurance of the type and kind and in the amounts hereinafter provided and additional insurance for such other risks of a similar or dissimilar nature as are now or as will be hereafter customarily covered by insurance obtained by other planned communities similar in construction and design. The additional insurance is governed by this Article 8. 8.2 Types of Insurance Policies [Maintained by the Association]. For the benefit of the Association and the Owners, the Board must obtain and maintain at all times, and pay for out of the common expense funds, the following insurance to the extent that it is available at reasonable cost: 8.2.1 Property Insurance. A policy or policies of property insurance, including, but not limited to, fire, extended coverage, vandalism, and malicious mischief, for the full insurable replacement value of all substantial improvements on the Common Area to the extent such insurance is available and, if available at a reasonable cost, building -code and actual -replacement -cost endorsements and earthquake insurance. 8.2.2 Liability. A policy or policies insuring the Association, its Board, the Owners individually, and the manager against any liability to the public or the Owners and their invitees or tenants, incident to the ownership, supervision, control, or use of the Property. Limits of liability under such insurance must be not less than $500,000 per occurrence for bodily injuries and property damage liability. The limit and coverage must be reviewed at least annually by the Board, which may increase the liability limits, coverage, or both, in its discretion. The policy or policies must be issued on a Commercial General Liability form and must provide cross -liability endorsements wherein the rights of the named insured under the policy or policies will not be prejudiced in his, her, or their action against another named insured. 8.2.3 Workers' Compensation. Workers' compensation insurance to the extent that it is necessary to comply with any applicable laws. 8.3 Insurance Companies Authorized. All policies obtained under this Article 8 must be written by a company licensed to do business in Oregon and holding a "Commissioner's Rating" of "A+" and a size rating of "AAA" or better, by Best's Insurance Reports, or as may be otherwise acceptable to all mortgagees and Directors. 8.4 Provisions in Insurance Policies. The Board must make every reasonable effort to secure insurance policies that will provide for the following: 8.4.1 Waiver of Subrogation. A waiver of subrogation by the insurer on any claims against the Board, the officers, the manager, the Owners, and their respective servants, agents, guests, and tenants. Page 15 - Bylaws for Garden View Place 8.4.2 Noncancellation for Owner Conduct. A provision that the master policy on the Property cannot be canceled, invalidated, or suspended on account of the conduct of any one or more individual Owners. 8.4.3 Noncancellation without Opportunity to Cure. A provision that the master policy on the Property cannot be canceled, invalidated, or suspended on account of the conduct of any officer or employee of the Board or the manager without prior demand in writing that the Board or manager cure the defect. 8.4.4 "No Other Insurance" Clauses. A provision that any "no other insurance" clause in the master policy exclude individual Owners' policies and not otherwise prevent such individual policies from providing coverage for damage to Homes, Lots, or Common Area. 8.5 Home and Lot Insurance Maintained by Each Owner. The Association will have no responsibility to procure or to assist Owners or Occupants in procuring property loss insurance or liability insurance other than as expressly stated in this Article 8. Owners and Occupants must procure all other insurance coverage that they deem necessary or prudent for their protection, and are obligated to carry property insurance with extended coverage endorsements in the amount of the replacement value of the Owners' Homes and with minimum combined limits of $100,000 per occurrence. Insurance coverage obtained and maintained by the Board of Directors may be brought into contribution with that obtained and maintained by Owners or mortgagees only in the Board of Directors'sole and unfettered discretion. 8.6 Review of Insurance Policies. At least annually, the Board must review all insurance carried by the Association, which review must include a consultation with a representative of the insurance carrier writing the master policy. Article 9 AMENDMENT Except as otherwise provided in this Article 9 and the restrictions set forth elsewhere herein, these Bylaws may be amended at any time by an instrument approved by at least a majority of the total votes of the Lots. Any amendment must be executed, recorded, and certified as provided by law. However, no amendment of these Bylaws may effect an amendment of the Declaration or the Articles without compliance with the provisions of those documents and the Oregon Nonprofit Corporation Act, and no amendment deleting or affecting any right of Declarant or its successor or assignee, including, without limitation, an amendment to this Article 9, may be adopted without the prior written consent of Declarant or its successor or assignee. Article 10 RECORDS AND AUDITS 10.1 General Records. The Board and the managing agent or manager, if any, must preserve and maintain minutes of the meetings of the Association, the Board, Page 16 - Bylaws for Garden View Place and any Board committees as required by ORS 94.670. The Board must maintain a list of Owners entitled to vote at meetings of the Association. The minutes of the Association, the Board, and Board committees, and the Association's financial records must be reasonably available for review and copying by the Owners. A reasonable charge may be imposed by the Association for providing copies. Proxies and ballots must be retained by the Association for one year from the date of determination of the vote. 10.2 Assessment Roll. The Board and the managing agent or manager, if any, must maintain the assessment roll in a set of accounting books in which there must be an account for each Lot. Each account must designate the name and address of the Owner or Owners, the amount of each assessment against the Owner, the dates on which and the amounts in which the assessment comes due, the amounts paid on the account, and the balance due on the assessments. 10.3 Payment of Vouchers. The Treasurer or management agent must pay all expenses authorized by the Board. The Treasurer or management agent must maintain and follow reasonable procedures to ensure that the accounts and records are proper, and to ensure that all expenditures are proper. Except in cases when an emergency exists (e.g., a repair must be made immediately to prevent further damage), any voucher for nonbudgeted items must require the signature of the President; however, any withdrawal from Reserve Accounts must require the signature of two Board members or one Board member and an officer of the Association who is not a Board member. Article 11 COMPLIANCE WITH THE PLANNED COMMUNITY ACT; CONFLICTS These Bylaws are intended to comply with the provisions of the PCA, the provisions of which apply to Lake View Estates. In case of any conflict among the provisions of the PCA, the Articles, the Declaration, or these Bylaws, the provisions of the PCA will control over those of the Articles and Declaration, and the provisions of the Declaration will control over those of the Articles and these Bylaws. Article 12 INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS The Association must indemnify any Director, officer, employee, or agent who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding. Indemnification will be made regardless of whether the action is civil, criminal, administrative, or investigative (other than an action by the Association) by reason of the fact that such person is or was a Director, officer, employee, or agent of the Association or is or was serving at the request of the Association as a Director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and Page 17 - Bylaws for Garden View Place reasonably incurred by the person in connection with the suit, action, or proceeding. This indemnification applies if the person acted in good faith and in a manner that the person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had no reasonable cause to believe that the person's conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or with a plea of nolo contendere or its equivalent, will not of itself create a presumption that a person did not act in good faith and in a manner that the person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had reasonable cause to believe that the person's conduct was unlawful. Payment under this Article 12 may be made during the pendency of the claim, action, suit, or proceeding as and when incurred, subject only to the right of the Association to reimbursement of the payment from the person, should it be proven at a later time that the person had no right to the payment. All persons who are ultimately held liable for their actions on behalf of the Association as a Director, officer, employee, or agent will have a right of contribution over and against all other Directors, officers, employees, or agents and Members of the Association who participated with or benefited from the acts that created the liability. Article 13 ASSESSMENT COLLECTION COSTS; SUITS AND ACTIONS An Owner must pay reasonable fees and costs (including, but not limited to, attorneys' fees) and actual administrative costs incurred in connection with efforts to collect any delinquent unpaid assessments from the Owner, whether or not suit or action is filed. Assessments against Owners may include fees, late charges, fines, and interest imposed by the Board, in addition to amounts owed toward operating expenses and the funding of reserves. If the Association brings against any Owner or Owners a suit or action for the collection of any amounts due under or for the enforcement of any provisions of the Declaration, the Articles, or these Bylaws, the Owner or Owners, jointly and severally, must pay, in addition to all other obligations, the costs of the suit or action, including actual administrative expenses incurred by the Association because of the matter or act that is the subject of the suit, reasonable attorneys' fees to be fixed by the trial court, and, in the event of an appeal, the cost of the appeal, together with reasonable attorneys' fees in the appellate court to be fixed by the appellate court. Article 14 MISCELLANEOUS 14.1 Notices. All notices to the Association or to the Board must be sent in care of the managing agent or, if there is no managing agent, to the principal office of the Association or to such other address as the Board hereafter may designate from time to time. All notices to any Owner must be sent to such address as may have been Page 18 - Bylaws for Garden View Place designated by the Owner from time to time, in writing, to the Board, or if no address has been designated, then to the Owner's Lot. In the discretion of the Board of Directors, any notice, information, or other written material required to be given to an Owner or Director may be given by electronic mail, facsimile, or other form of electronic communication ("Electronic Communication") acceptable to the Board of Directors. Notwithstanding the foregoing sentence, Electronic Communication may not be used to give notice of (a) failure to pay an assessment; (b) foreclosure of an association lien; (c) an action the Association may take against an Owner; or (d) an offer to use the dispute resolution program under ORS 100.405(11). An Owner or Director may decline to receive notice by Electronic Communication and may direct the Board of Directors to provide notice as required elsewhere in these Bylaws, the Declaration, or the PCA. 14.2 Waiver. No restriction, condition, obligation, or provision contained in these Bylaws will be deemed to have been abrogated or waived by reason of any failure to enforce it, irrespective of the number of violations or breaches thereof that may have occurred and the number of times that the pertinent restriction, condition, obligation, or provision was not enforced. 14.3 Invalidity; Number; Captions. The invalidity of any part of these Bylaws will not impair or affect in any manner the validity, enforceability, or effect of the balance of these Bylaws; however, if any of the provisions of these Bylaws would violate the rule against perpetuities or any other limitation on the duration of the provisions herein contained imposed by law, then the provision will be deemed to remain in effect only for the maximum period permitted by law, or if the rule against perpetuities applies, until 21 years after the death of the last survivor of the now living descendants of Earl McElhany. As used herein, the singular includes the plural, and the plural the singular. The masculine and neuter each include the masculine, feminine, and neuter, as the context requires. All captions used herein are intended solely for convenience of reference and in no way limit any of the provisions of these Bylaws. Article 15 ADOPTION It is hereby certified that these Bylaws have been adopted by Garden View Place Homeowners Association, an Oregon nonprofit corporation, Declarant of EMMB Development LLC, and will be recorded in the Deed Records of Lane County, together with the Declaration for said planned community. Page 19 - Bylaws for Garden View Place IN WITNESS WHEREOF, the undersigned being all of the directors of Garden View Place Homeowners Association, who execute this instrument: Dated: Ae( e.. Z3 W, 2020. Garden View Place Homeowners Association By: C G'L Ve Earl McElhany, President of arden View Place Homeowners Association STATE OF OREGON ) ss. County of Lane ) Personally appeared this LYday of f�At�el, 2020 ' 02p, the above named Earl McElhany, and acknowledged the foregoing instrument to be his voluntary act and deed. Of FICIAL STAMP SCOTT WARREN TRUE ' NOTARY PUBLIC -OREGON COMMISSION N0.9]2395 MY COMMISSION EXPIfl ES MARCH 16, 2022 Page 20 - Bylaws for Garden View Place Notary Public for Oregon My commission expires: !4 2o2Z Dated: _�ccelnbv Z3r`—` 2020. Garden View Place Homeowners Association By: Mike B ankenship, Secretary of Garden View Place Homeowners Association STATE OF OREGON ) ss. County of Lane ) Personally appeared this �{dday of �ce+%2f 2020 the above named Mike Blankenship, and acknowledged the foregoing instrument to be his voluntary act and deed. OFFICIAL STAMP SCOTT WARREN TRUE I* NOTARY PUBLIC -OREGON COMMISSION NO, 972395 MY COMMISSION EXPIRES MARCH 16, 2022 Page 21 - Bylaws for Garden View Place Notary Public for Oregon My commission expires: 3//y/2-4)V— Page IY Z,o2.Z After Recording Return To: Leahy Cox, LLP 188 West B Street, Building N Springfield, OR 97477 Until Requested Otherwise, Send Tax Statements To: Earl L. McElhany 2600 31" Street Springfield, Oregon 97477 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GARDEN VIEW PLACE HOMEOWNERS ASSOCIATION THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GARDEN VIEW PLACE ("Declaration') is made by EMMB Development LLC (" Declarant'. RECITALS Declarant is the owner of all the real property and improvements thereon located in Lane County, Oregon, described as follows (the "Property"): Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Tract A and Tract B as shown on the Plat Map filed for record on Instrument Number . Lane County Deeds and Records, Oregon. Declarant intends to develop Garden View Place Subdivision as a Class II planned community. To establish Garden View Place Subdivision as a planned community, Declarant desires to impose these mutually beneficial covenants, conditions, restrictions, easements, assessments, and liens on the Property, under a comprehensive general plan of improvement and development for the benefit of all Lots and the Common Area known as Tract A and Tract B. Declarant desires to provide for the preservation of the values and amenities in the community, for the management of the common facilities within the community and to accomplish this result, desire to subject the Property to these Covenants, Conditions and Restrictions, charges and liens hereinafter set forth, all of which are for the benefit of the Property and each Owner thereof. Declarant has deemed it desirable for the efficient preservation of the values and amenities in Garden View Place Subdivision to create a nonprofit corporation, to which will be delegated and assigned the powers and authority to own, maintain, and administer the Common Area which includes the Existing Private Drive; and open area described on the Page 1- Declaration of Covenants, Conditions and Restrictions for Garden View Place above referenced Plat as Tract A and Tract B to the Garden View Place Subdivision HOA. Upon conveyance of Tract A and Tract B to the Association, the Association will assume the maintenance of said Common Area and assess the owners of Lots 1 through 10 equally for the expenses. NOW THEREFORE, Declarant declares that the Property will be held, transferred, sold, conveyed, and occupied subject to the Oregon Planned Community Act as may be amended from time to time (ORS 94.550-94.783, except ORS 94.595 and ORS 94.604) and subject to the following covenants, conditions, restrictions, easements, charges, and liens, which will run with the land, which will be binding on all parties having or acquiring any right, title, or interest in the Property or any part thereof, and which will inure to the benefit of the Association and of each Owner. Article 1 DEFINITIONS 1.1 Architectural Review Committee or ARCrefers to the committee constituted and acting under Article 6 of this Declaration, 1.2 Aiticles means the Articles of Incorporation for the nonprofit corporation, Garden View Place Homeowners' Association, as filed with the Oregon Secretary of State. 1.3 Association means and refers to Garden View Place Homeowners' Association, an Oregon nonprofit corporation, and its successors and assigns. 1.4 Garden view Place means Lots 1 through 10 of the Property, the Private Road depicted as Tract B; the Green Space depicted as Tract A on the Plat of Garden View Place Subdivision filed for record as instrument number Lane County Deeds and Records, Oregon. 1.5 Boardmeans the Board of Directors of the Association. 1.6 Bylaws means and refers to the Bylaws of the Association, which will be recorded in Lane County, Oregon, deed records. 1.7 Common Area means and refers to the Private Road and Green Space shown on the recorded Plat of the Property, including any improvements located thereon, which areas and improvements are intended to be devoted to the common use and enjoyment of the members and which land has been conveyed to the Association. The Private Road (Tract B) and the Green Space (Tract A) are to be owned by the Association and maintained by the Association, with the cost of such maintenance assessed equally to the owners of Lots 1 through 10. Page 2 - Declaration of Covenants, Conditions and Restrictions for Garden View Place 1.8 Declaration means the covenants, conditions, restrictions, and all other provisions set forth in this Declaration. 1.9 Dec/arantmeans and refers to EMMB Development LLC, an Oregon Limited Liability Corporation, and its successors or assigns, or any successor or assign to all or the remainder of its interest in the Property. 1.10 General Plan Of Development means Declarant's general plan of development of the Property, as approved by appropriate governmental agencies, as may be amended from time to time. 1.11 Homemeans and refers to any portion of a structure situated on a Lot and designed and intended for use and occupancy as a residence by a single family or household. 1.12 Lotmeans and refers to each and any of Lots 1 through 10; provided, however, that Lotdoes not include the Private Road or Green Space. 1.13 Members means and refers to the Owners of Lots 1 through 10. 1.14 Occupantmeans and refers to the occupant of a Home, whether such person is an Owner, a lessee, or any other person authorized by the Owner to occupy the Home. 1.15 Owner means and refers to the record owner, whether one or more persons or entities, of the fee-simple title to any Lot, or a purchaser in possession of a Lot under a land sale contract. The foregoing does not include persons or entities who hold an interest in any Lot merely as security for the performance of an obligation. 1.16 P/at means and refers to the Plat of Garden View Place, recorded as instrument number Lane County Deeds and Records, Oregon. 1.17 Private Roadmeans the road within the Plat of Garden View Place Subdivision shown as Tract B. 1.18 Property has the meaning attributed to the term in the recitals of this Declaration. 1.19 Reserve Account(s) means and refers to an account set up by the Board to hold funds for construction, improvements, or maintenance of the Common Area and the Commonly Maintained Property. 1.20 Rules and Regulations means and refers to the documents containing rules, regulations, and policies adopted by the Board or the Architectural Review Committee, as may be amended from time to time. Page 3 - Declaration of Covenants, Conditions and Restrictions for Garden View Place Article 2 PROPERTY SUB3ECT TO THIS DECLARATION 2.1 Development. The development of Garden View Place consists of the Property, which will be held, transferred, sold, conveyed, and occupied subject to this Declaration. Declarant does not intend to build any Common Area Improvements other than the Private Road as delineated on the Plat. 2.2 No Right to Annex Additional Property or to Withdraw Property. Declarant reserves no right to annex additional property to or to withdraw property from Garden View Place. Article 3 OWNERSHIP AND EASEMENTS 3.1 Nonseverability. The interest of each Owner in the use and benefit of the Common Area is appurtenant to the Lot owned by the Owner. No Lot may be conveyed by the Owner separately from the interest in the Common Area. Any conveyance of any Lot automatically transfers the right to use the Common Area without the necessity of express reference in the instrument of conveyance. There may be no judicial partition of the Common Area. Each Owner, whether by deed, gift, devise, or operation of law, for the Owner's benefit and for the benefit of all other Owners, specifically waives and abandons all rights, interests, and causes of action for judicial partition of any interest in the Common Area and agrees that no action for judicial partition may be instituted, prosecuted, or reduced to judgment. Ownership interests in the Common Area and Lots are subject to the easements granted and reserved in this Declaration. Each of the easements granted or reserved herein will be deemed to be established upon the recordation of this Declaration, will thenceforth be deemed to be covenants running with the land for the use and benefit of the Owners and their Lots, and will be superior to all other encumbrances applied against or in favor of any portion of Garden View Place. 3.2 Ownership of Lots. Title to each Lot in Garden View Place will be conveyed in fee to an Owner. If more than one person or entity owns an undivided interest in the same Lot, such cumulative persons or entities will constitute only one Owner. See Section 1.15. 3.3 Ownership of Common Area. Title to any Common Area will be conveyed to the Association not later than the date of the Turnover Meeting (defined in Article 8). 3.4 Easements. Individual deeds to Lots may, but are not required to, set forth the easements specified in this Article. Page 4 - Declaration of Covenants, Conditions and Restrictions for Garden View Place 3.4.1 Easements on Plat. The Common Area and Lots are subject to the easements and rights-of-way shown on the Plat. 3.4.2 Easements for Common Area. Every Owner has a nonexclusive right and easement of use and enjoyment in and to the Common Area, which is appurtenant to and passes with the title to every Lot. The easement is subject to ORS 94.665, as may be amended from time to time. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 are subject to pedestrian and vehicular access and public utility easements, as shown on the Garden View Place Plat. 3.4.3 Easements Reserved by Declarant. As long as Declarant owns any Lot, Declarant reserves an easement over, under, and across the Common Area in order to carry out sales activities necessary or convenient for the sale of Lots. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress to, from, over, in, upon, under, and across the Common Area, and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the improvements on the Property in such a way as not to interfere unreasonably with the occupancy, use, enjoyment, or access to an Owner's Lot by the Owner or the Owner's family, tenants, employees, guests, or invitees. 3.4.4 Additional [Utility and Drainage] Easements; Public Walkway Easements. Notwithstanding anything expressed or implied to the contrary, this Declaration is subject to all easements granted by Declarant for the installation and maintenance of utilities and drainage facilities necessary for the development of Garden View Place. No structure, planting, or other material that may damage or interfere with the installation or maintenance of utilities, that may change the direction of flow of drainage channels in the easements, or that may obstruct or retard the flow of water through drainage channels in the easement areas may be placed or permitted to remain within any easement area. 3.4.5 Association's Easements. Declarant grants to the Association and its duly authorized agents and representatives such easements over the Lots and Common Area as are necessary to perform the duties and obligations of the Association, as set forth in this Declaration, the Bylaws, and the Articles, as the same may be amended. 3.4.6 Easement to Governmental Entities. Declarant grants a nonexclusive easement over the Common Area to all governmental and quasigovernmental entities, agencies, utilities, and their agents for the purposes of performing their duties as utility providers. Page 5 - Declaration of Covenants, Conditions and Restrictions for Garden View Place 3.4.7 Perimeter Easement Benefitting Association. Declarant grants to the Association and its duly authorized agents and representatives an easement over that perimeter portion of each Lot that is included within the building setbacks set by applicable ordinances for the purposes of installation, maintenance, repair, and replacement of utilities, communication lines, and drainage. The Board may grant or convey the easements reserved herein to any governmental body or agency, any public or private utility company or provider, or any combination of the foregoing, on a two-thirds vote of the Board members at a duly called and held Board meeting. 3.4.8 Perimeter Easements Benefitting Owners. Every Owner has an easement over that perimeter portion of other Lots that is included within the building setbacks set by applicable ordinances as may be reasonably necessary to reach the Owner's Lot for purposes of exterior maintenance and repair of the Owner's Home and for maintaining the landscaping on the Owner's Lot. Article 4 LOTS AND HOMES 4.1 Residential Use. Lots may be used only for residential purposes. No trade, craft, business, profession, commercial activity, or similar activity of any kind may be conducted on any Lot, and no goods, equipment, vehicles, materials, or supplies used in connection with any trade, service, or business may be kept or stored on any Lot. Nothing in this section 4.1 will be deemed to prohibit (a) activities relating to the sale of residences, (b) the right of Declarant or any contractor or homebuilder to construct residences on any Lot, to store construction materials and equipment on such Lots in the normal course of construction, and to use any residence as a sales office or model home for purposes of sales in Garden View Place, or (c) the right of the Owner of a Lot to maintain the Owner's personal business or professional library, keep the Owner's personal business or professional records or accounts, handle the Owner's personal business or professional telephone calls, or confer with business or professional associates, clients, or customers in the Owner's residence. The Board will not approve commercial activities otherwise prohibited by this section 4.1 unless the Board determines that only normal residential activities would be observable outside of the residence and that the activities would not be in violation of applicable local government ordinances. 4.2 Landscaping. Each Owner other than Declarant must obtain the ARC's prior approval of all landscaping plans before commencing installation of any landscaping. Landscaping for all portions of the Lot must commence within 60 days after final building Page 6 - Declaration of Covenants, Conditions and Restrictions Garden View Place inspection by the local government jurisdiction and must be completed within six months after the inspection. This section 4.2 applies to Lots with finished Homes being held for sale as well as to other Lots. 4.3 Maintenance of Lots and Homes. Each Owner must maintain the Owner's Lot and all improvements thereon in a clean and attractive condition, in good repair, and in such fashion as not to create a fire hazard. Such maintenance includes, without limitation, maintenance of windows, doors, garage doors, walks, patios, chimneys, and other exterior improvements and glass surfaces. All repainting or restaining and exterior remodeling will be subject to prior review and approval by the ARC. Each Owner must repair damage caused to the Owner's Lot or improvements located thereon by fire, flood, storm, earthquake, riot, vandalism, or other causes within a reasonable period. Insurance purchased by the Association may be used to effect such repairs, subject to the Association's Board of Directors'right to adjust the losses with the Association's insurance carrier. 4.4 Rental of Homes. An Owner may rent or lease the Owner's Home or a portion thereof, provided that the following conditions are met: 4.4.1 Written Rental Agreements Required. The Owner and the tenant enter into a written rental or lease agreement specifying that (a) the tenant is subject to all provisions of the Declaration, Bylaws, and Rules and Regulations, and (b) a failure to comply with any provision of the Declaration, Bylaws, and Rules and Regulations constitutes a default under the rental or lease agreement; 4.4.2 Minimum Rental Period. The period of the rental or lease is not less than 30 days; 4.4.3 Tenant Must Be Given Documents. The Owner gives each tenant a copy of the Declaration, Bylaws, and Rules and Regulations. 4.5 Animals. No animals, livestock, or poultry of any kind, other than a reasonable number of household pets that are not kept, bred, or raised for commercial purposes and that are reasonably controlled so as not to be a nuisance, may be raised, bred, kept, or permitted within any Lot. Owners whose pets cause any inconvenience or unpleasantness to other Owners must take all steps reasonably necessary to prevent recurrence thereof, and Owners whose pets damage other Owners' Lots or personal property must reimburse the other Owners for reasonable costs actually incurred by the other Owners in repairing the damage. An Owner must ensure that the Owner's dog is leashed when on the Property and outside of the Owner's Lot. An Owner may be required Page 7 - Declaration of Covenants, Conditions and Restrictions Garden View Place to remove a pet upon the receipt of the third notice in writing from the Board of a violation of any rule, regulation, or restriction governing pets within the Property. 4.6 Nuisance. No noxious, harmful, or offensive activities may be carried out on any Lot or Common Area. Nor may anything be done or placed on any Lot or Common Area that interferes with or jeopardizes the enjoyment of, or that is a source of annoyance to, the Owner or other Occupants. 4.7 Parking. The Private Road may be used only for temporary parking, loading and unloading and for vehicles providing maintenance for the Association. Vehicles parked on the Private Road for loading and unloading may not be parked for more than two hours. Boats, trailers, commercial vehicles, mobile homes, campers, and other recreational vehicles or equipment, regardless of weight, may not be parked on any part of the Common Area, at any time or for any reason, including loading or unloading, and may not be parked on any Lot for more than six hours or such other period as may be permitted by the Association Rules and Regulations. 4.8 Vehicles in Disrepair. No Owner may permit any vehicle that is in a state of disrepair or that is not currently licensed to be abandoned or to remain parked on the Common Area at any time and may not permit them on a Lot for a period in excess of 48 hours. A vehicle will be deemed in a "state of disrepair" when the Board reasonably determines that its presence offends the occupants of the neighborhood. If an Owner fails to remove such a vehicle within five days following the date on which the Association mails or delivers to the Owner a notice directing the removal, the Association may have the vehicle removed from the Property and charge the expense of the removal to the Owner as a Reimbursement Assessment, which may be collected and enforced as any other assessments imposed under the Declaration and Bylaws. 4.9 Signs. No signs may be erected or maintained on any Lot, except that not more than one "For Sale" or "For Rent" sign placed by the Owner or by a licensed real estate agent, not exceeding 24 inches high and 36 inches long, may be temporarily displayed on any Lot. The restrictions contained in this section 4.9 do not prohibit the temporary placement of "political" signs on any Lot by the Owner or Occupant. However, political signs must be removed within three days after the election day pertaining to the subject of the sign. Real estate signs must be removed within three days after the sale closing date. 4.10 Rubbish and Trash. No Lot or part of the Common Area may be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste must be Page 8 - Declaration of Covenants, Conditions and Restrictions Garden View Place kept in appropriate containers for proper disposal and must be kept out of public view. Yard raking$, dirt, and other material resulting from landscaping work may not be dumped onto streets, the Common Area, or any other Lots. If an Owner fails to remove any trash, rubbish, garbage, yard rakings, or any similar materials from any Lot, or the Common Area where deposited by the Owner or the Occupants of the Owner's Lot after notice has been given by the Board to the Owner, the Association may have the materials removed and charge the expense of the removal to the Owner. Such a charge will constitute a Reimbursement Assessment, which may be collected and enforced as any other assessments imposed under the Declaration and Bylaws. 4.11 Service Facilities. Service facilities (garbage containers, fuel tanks, clotheslines, etc.) must be screened so that the facilities are not visible at any time from the street or a neighboring property. All telephone, electrical, cable television, and other utility installations must be placed underground in conformance with applicable law and subject to approval by the ARC. 4.12 Antennas and Satellite Dishes. Except as otherwise provided by law or this section, no exterior antennas, satellite dishes, microwave, aerial, tower, or other devices for the transmission or reception of television, radio, or other forms of sound or electromagnetic radiation may be erected, constructed, or placed on any Lot. With prior written consent from the ARC, exterior satellite dishes or antennas with a surface diameter of one meter or less and antennas designed to receive television broadcast signals only may be placed on any Lot if they are not visible from the Private Road and are screened from neighboring Lots. The Board or ARC may adopt reasonable rules and regulations governing the installation, safety, placement, and screening of such antennas, satellite dishes, and other transmission devices. Such rules may not unreasonably delay or increase the cost of installation, maintenance, or use or preclude reception of a signal of acceptable quality. (The ARC, in its sole discretion, may determine what constitutes a signal of acceptable quality.) Such rules may prohibit installation of exterior satellite dishes or antennas if signals of acceptable quality can be received by placing antennas inside a Home without causing an unreasonable delay or cost increase. The foregoing restriction and the authority of the ARC in this matter are subject to any regulations issued by the Federal Communications Commission or any other applicable governmental authority. 4.13 Exterior Lighting or Noise -Making Devices. Except with the consent of the ARC, no exterior lighting or noise -making devices, other than security and fire alarms, may be installed or maintained on any Lot. Page 9 - Declaration of Covenants, Conditions and Restrictions Garden View Place 4.14 Basketball Hoops. No Owner may install a permanent basketball hoop on any Lot without the ARC's prior approval. The ARC may, in its discretion, prohibit such basketball hoops or impose permitted hours of use for such basketball hoops. Basketball hoops are prohibited in the Common Area and on any Lot if the area of play is intended to be the street or any Common Area. 4.15 Grades, Slopes, and Drainage. There may be no interference with the established drainage patterns or systems over or through any Lot that affects any other Lot or Common Area or any real property outside the Property unless adequate alternative provision is made for proper drainage and is approved by the ARC before any such work. The term established drainage means the drainage swales, conduits, inlets, and outlets designed and constructed for Declarant. 4.16 Tree -Cutting Restrictions. No tree the diameter of which is six inches or more may be removed from any Lot without the prior approval of the ARC unless it is diseased, poses an immediate danger to persons or property, or is within 10 feet of an existing or proposed building or five feet of a paved surface. However, the ARC has unfettered authority, but not the obligation, to cause the Association to trim or top trees, shrubs, or hedges located on any Lot that is creating a nuisance, is damaging, or is a threat to Commonly Maintained Property or that increases the cost of insurance for the Association. 4.17 Damage or Destruction to Home or Lot. If all or any portion of a Lot or Home is damaged by fire or other casualty, the Owner must either (a) restore the damaged improvements or (b) remove all damaged improvements, including foundations, and leave the Lot in a clean and safe condition. Any restoration proceeding under (a) in this section 4.16 must be performed so that the improvements are in substantially the same condition that they were in before the damage, unless the Owner complies with the provisions of Article 6. The Owner must commence such work within 60 days after the damage occurs and must complete the work within six months thereafter. 4.18 Right of Maintenance and Entry by Association. If an Owner fails to perform maintenance, repair, or both that the Owner is obligated to perform under this Declaration, and if the Board determines, after notice, that the maintenance, repair, or both is necessary to preserve the attractiveness, quality, nature, value, or any combination thereof of the Property, the Board may cause the maintenance, repair, or both to be performed and may enter any Lot whenever entry is necessary in connection with the performance thereof. An Owner may request, and the Board will conduct, a hearing on the Page 10 - Declaration of Covenants, Conditions and Restrictions Garden View Place matter. The Owner's request must be in writing delivered within five days after receipt of the notice, and the hearing must be conducted within not less than five days nor more than 20 days after the request for a hearing is received. Entry must be made with as little inconvenience to an Owner as practicable and only after advance written notice of not less than 48 hours, except in emergency situations. The costs of such maintenance, repair, or both are chargeable to the Owner of the Lot as a Reimbursement Assessment, which may be collected and enforced as any other assessments authorized hereunder. 4.19 Association Rules and Regulations. The Board from time to time may adopt, modify, or revoke the Rules and Regulations governing the conduct of persons and the operation and use of Lots and the Common Area as it may deem necessary or appropriate to ensure the peaceful and orderly use and enjoyment of the Property and the administration and operation of the Association. A copy of the Rules and Regulations, upon adoption, and a copy of each amendment, modification, or revocation thereof, will be delivered promptly by the Board to each Owner and will be binding on all Owners and occupants of all Lots on the date of delivery or actual notice thereof. The method of adoption of the Rules and Regulations will be provided in the Bylaws of the Association. Subject to the Board's approval or consent, the ARC may adopt rules and regulations pertinent to its functions. 4.20 Ordinances and Regulations. The standards and restrictions set forth in this Article 4 are the minimum required. To the extent that Lane County ordinances and regulations are more restrictive or provide for a higher or different standard, the local governmental ordinances and regulations will prevail. 4.21 Temporary Structures. No structure of a temporary character or any trailer, basement, tent, shack, garage, barn, or other outbuilding may be used on any Lot as a residence, either temporarily or permanently. 4.9. 4.22 Declarant Exemptions. Declarant is exempt from the application of section Article 5 COMMON AREA 5.1 Use of Common Area. Use of the Common Area is subject to the provisions of the Declaration, Bylaws, Articles, and the Rules and Regulations adopted by the Board. There must be no obstruction of any part of the Common Area. Nothing may be stored or kept in the Common Area without the prior written consent of the Board. No alterations or Page 11 - Declaration of Covenants, Conditions and Restrictions Garden View Place additions to the Common Area will be permitted without the prior written consent of the Board. 5.2 Maintenance of Common Area. The Association will be responsible for maintenance, repair, replacement, and upkeep of the Common Area at the equal expense of the Owners of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. The Association must keep the Common Area in good condition and repair, provide for all necessary services, and cause all acts to be done that may be necessary or proper to ensure the maintenance of the Common Area. 5.3 Alterations to Common Area. Only the Association may construct, reconstruct, or alter any improvement located on the Common Area. A proposal for any construction, alteration, maintenance, or repair of any such improvement may be made at any Board meeting. The Board may adopt a proposal, subject to the limitations contained in the Bylaws, and this Declaration; however, no improvements may be made to the Common Area except the construction, repair, and reconstruction of the private road, utility installations, landscaping, curbs, and sidewalks. 5.4 Funding. Expenditures for replacement or major repairs to an existing improvement for which a reserve has been collected will be made from the Reserve Account. Regular maintenance, repair, and operating expenses will be funded by annual assessments as provided in section 10.4. As provided in section 10.5, the Board may levy a special assessment to fund any construction, alteration, repair, or maintenance of an improvement (or any other portions of the Common Area) for which no reserve has been collected or for which the Reserve Account is insufficient to cover the cost of the proposed construction, alteration, repair, or maintenance. 5.5 Landscaping. All landscaping on any Lot or on the Common Area must be maintained and cared for in a manner that is consistent with Declarant's or the ARC's original approval of the landscaping. Weeds and diseased or dead lawn, trees, groundcover, or shrubs must be removed and replaced. Lawns must be neatly mowed, and trees and shrubs must be neatly trimmed. All landscaping must be irrigated in a horticulturally proper manner, subject to water use restrictions or moratoria by government bodies or agencies. 5.6 Condemnation of Common Area. If all or any portion of the Common Area is taken for any public or quasi -public use under any statute, by right of eminent domain, or by purchase in lieu of eminent domain, the Board will receive and expend the entire award in a manner that, in the Board's discretion, is in the best interest of the Page 12 - Declaration of Covenants, Conditions and Restrictions Garden View Place Association and the Owners. The Association must represent the interest of all Owners in any negotiations, suit, action, or settlement in connection with such matters. 5.7 Damage or Destruction of Common Area. If all or any portion of the Common Area is damaged or destroyed by an Owner or any of the Owner's guests, Occupants, tenants, licensees, agents, or members of the Owner's family in a manner that would subject the Owner to liability for the damage under Oregon law, the Owner hereby authorizes the Association to repair the damage. The Association must repair the damage and restore the area in workmanlike manner as originally constituted or as may be modified or altered subsequently by the Association in the discretion of the Board. Reasonable costs incurred in connection with effecting the repairs will become a special assessment on the Lot and against the Owner who caused or is responsible for the damage. 5.8 Power of Association to Sell, Dedicate, or Transfer Common Area. As provided in ORS 94.665, the Association may sell, dedicate, transfer, grant a security interest in, or grant an easement for installation and maintenance of utilities or for similar purposes with respect to, any portion of the Common Area. Except for grants of easements for utility -related purposes, no such sale, dedication, transfer, or grant of a security interest will be effective unless approved by all lot owners. Article 6 ARCHITECTURAL REVIEW COMMITTEE 6.1 Architectural Review. No improvement may be commenced, erected, placed, or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the improvement have been submitted to and approved in writing by the ARC. This Article's purpose is to ensure quality of workmanship and materials and harmony between exterior design and the existing improvements and landscaping and between location and topography and finished - grade elevations. The ARC is not responsible for determining compliance with structural and building codes, solar ordinances, zoning codes, or other govemmental regulations, all of which are the applicant's responsibility. The procedure and specific requirements for review and approval of construction must be set forth in design guidelines and standards adopted from time to time by the ARC. The provisions of this Article 6 apply in all instances in which this Declaration requires the ARC's consent. Page 13 - Declaration of Covenants, Conditions and Restrictions Garden View Place 6.2 Appointment and Removal. Declarant reserves the right to appoint all members of the ARC and all replacements thereto until Declarant no longer owns any lot of the Garden View Place Subdivision. The ARC will consist of no fewer than three members and no more than five members. Each ARC member will serve for one year. After Declarant sells all lots of Garden View Place Subdivision, Declarant will assign to the Board the right to appoint and remove members of the ARC. Board members and persons who are not Owners but who have special expertise regarding the matters that come before the ARC may serve as all or some of the ARC's members. In the Board's sole discretion, non -Owner members of the ARC may be paid. The Board may appoint itself as the ARC or any of its members to the ARC. If an ARC has not been appointed, the Board will serve as the ARC. 6.3 Majority Action. Except as otherwise provided in this Declaration, a majority of the members of the ARC have the power to act on behalf of the ARC, without the necessity of a meeting and without the necessity of consulting the remaining member or members of the ARC. The ARC may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 6.4 Duties. The ARC must consider and act on the proposals, plans, or proposals and plans submitted under this Article 6. The ARC, from time to time and in its sole discretion, may adopt architectural rules, regulations, and guidelines ("Architectural Standards'D. The Architectural Standards will interpret and implement the provisions of this Declaration for architectural review and guidelines for architectural design, placement of buildings, color schemes, exterior finishes and materials, and similar features that may be used in Garden View Place; however, the Architectural Standards will not be in derogation of the minimum standards established by this Declaration. 6.5 Decision. The ARC must render its written decision approving or denying each application submitted to it within 15 business days (not including Saturdays, Sundays, and legal holidays) after its receipt of all materials required with respect to the application. If the ARC fails to render its written decision within 30 days of its receipt of all required materials or request an extension, the application will be deemed approved. The ARC is entitled to request one or more extensions of time, not to exceed 45 days. In the event of any extension requests, if the ARC does not render a written decision within 15 days after the expiration of the extension(s), the application will be deemed approved. However, the applicant may agree to further extensions to allow the applicant to complete or supplement the application. Page 14 - Declaration of Covenants, Conditions and Restrictions Garden View Place 6.6 Discretion. The ARC, in its sole discretion, may withhold consent to any proposed work if the ARC finds that the proposed work would be inappropriate for the particular Lot or incompatible with the design standards that the ARC intends for the Property, as long as the ARC complies with ORS 94.762 regarding electric vehicle charging stations. The ARC may consider siting, shape, size, color, design, height, solar access, or other effects on the enjoyment of other Lots or the Common Area, and any other factors that it reasonably believes to be relevant in determining whether to consent to any proposed work. 6.7 Nonwaiver. Consent by the ARC to any matter proposed to it or within its jurisdiction will not constitute precedent or waiver impairing its right to withhold approval of any similar matter thereafter proposed or submitted to it for consent. 6.8 Appeal. After Declarant has assigned the right to appoint ARC members to the Board under section 6.2, any Owner adversely impacted by ARC action may appeal the action to the Board. The appealing Owner must submit to the Board a written notice of appeal, setting forth specific objections or mitigating circumstances justifying the appeal, within 10 days after the ARC's action. The Board must issue a final, conclusive decision within 45 days after receipt of the notice, and the decision will be final and binding on the appealing Owner and the ARC. However, the Board must make reasonable efforts to reach a decision within 20 days. If the Board is serving as the ARC, then the appeal will be deemed a request for reconsideration. 6.9 Effective Period of Consent. The ARC's consent to any proposed work will automatically expire three months after issuance unless construction of the project has been commenced or the Owner has applied for and received an extension of time from the ARC. 6.10 Determination of Compliance. The ARC may inspect, from time to time, all work performed and determine whether it is in substantial compliance with the approval granted. If the ARC finds that the work was not performed in substantial compliance with the approval granted, or if the ARC finds that the approval required was not obtained, the ARC must notify the Owner in writing of the noncompliance. The notice must specify the particulars of noncompliance and must require the Owner to remedy the noncompliance. 6.11 Noncompliance. If the ARC determines that an Owner has not constructed an improvement consistent with the specifications of an ARC approval or has constructed an improvement without obtaining ARC approval, sends a notice of noncompliance to the Owner, and the Owner fails to commence diligently remedying the noncompliance in Page 15 - Declaration of Covenants, Conditions and Restrictions Garden View Place accordance with the notice, then, effective at 5:00 p.m. on the third day after issuance of the notice, the ARC must provide notice of a hearing to consider the Owner's continuing noncompliance. The hearing must be set not more than 30 days from the date on which the notice of noncompliance was issued. At the hearing, if the ARC finds that there is no valid reason for the continuing noncompliance, the ARC must determine the estimated costs of achieving compliance and may issue a fine against the noncomplying Owner for that amount. The ARC also must require the Owner to remedy the noncompliance within 10 days after the date of the ARC's determination. If the Owner does not comply with the ARC's ruling within the 10 -day period or any extension thereof granted by the ARC, at its sole discretion, the ARC may remove the noncomplying improvement, remedy the noncompliance, record a notice of noncompliance in the county deed records, or take any combination of those actions. The costs of any such action will be assessed against the Owner as a Reimbursement Assessment either before or after any remedial action is taken. 6.12 Liability. Neither the ARC nor any member thereof will be liable to any Owner, Occupant, or builder for any damage, loss, or prejudice suffered or claimed on account of any action or failure to act of the ARC or a member thereof, as long as the ARC or the member has, in accordance with its or his or her actual knowledge, acted in good faith. 6.13 Estoppel Certificate. Within 15 working days after the ARC's receipt of a written request from an Owner and the ARC's receipt of payment of a reasonable fee fixed by the ARC to cover costs, the ARC must provide the Owner with a certificate executed by the chairperson or other authorized member of the ARC certifying with respect to any Lot owned by the Owner that, as of the date thereof either (a) all improvements made or done on the Lot comply with this Declaration, or (b) the improvements do not so comply, in which event, the certificate must also identify the noncomplying improvements and set forth with particularity the nature of the noncompliance. The Owner and the Owner's heirs, devisees, successors, and assigns will be entitled to rely on the certificate with respect to the matters set forth therein. The certificate will be conclusive as among Declarant, the ARC, the Association, all Owners, and all persons deriving any interest through any of them. 6.14 Fees. The ARC may charge applicants a reasonable application fee and additional costs incurred or expected to be incurred by the ARC to retain architects, attorneys, engineers, and other consultants to advise the ARC concerning any aspect of the applications or compliance with any appropriate architectural criteria or standards, Page 16 - Declaration of Covenants, Conditions and Restrictions Garden View Place including, without limitation, those pertinent to house siting and height. The fees will be collectible as assessments under Article 10. 6.15 Declarant and Successor Exempt from ARC. The Declarant and its successor to all of the unsold Lots are exempt from the requirement to submit to and have plans approved by the ARC. However, the Declarant and its successor are not exempt from the provisions of Article 4 of this Declaration, except as set forth in section 4.23. Article 7 MEMBERSHIP IN THE ASSOCIATION 7.1 Members. Each Owner is a member of the Association. See Section 1.15. Membership in the Association is appurtenant to, and may not be separated from, ownership of any Lot. Transfer of ownership of a Lot automatically transfers membership in the Association. Without any other act or acknowledgment, Occupants and Owners will be governed and controlled by this Declaration, the Articles, Bylaws, and the Rules and Regulations of the Association and any amendments thereof. 7.2 Proxy. Each Owner may cast the Owner's vote in person, by written ballot, by electronic ballot if the Board of Directors so elects, or by a proxy executed by the Owner. An Owner may not revoke a proxy given under this section 7.2 except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy will not be valid if it is undated or purports to be revocable without notice. A proxy will terminate one year after its date, unless the proxy specifies a shorter term. 7.3 Voting Rights. The Association has two classes of voting members: 7.3.1 Class A. Class A members include all Owners of Lots other than Declarant, and each Class A member is entitled to one vote for each Lot owned with respect to all matters on which Owners are entitled to vote. 7.3.2 Class B. The Class B member is the Declarant, its successors, and its assigns. The Class B member has three votes for each Lot owned. The Class B membership will cease and be converted to Class A membership upon the earlier of the following dates (the "Termination Date': (a) The date on which Eight of the total 10 lots in Garden View Place have been sold and conveyed to Owners other than Declarant; or (b) The date on which Declarant elects in writing to terminate Class B membership. Page 17 - Declaration of Covenants, Conditions and Restrictions Garden View Place After the Termination Date, each Owner, will have one vote for each Lot owned with respect to all matters on which Owners are entitled to vote, and the total number of votes will be equal to the total number of Lots subject to this Declaration. When more than one person or entity owns a Lot, the vote for the Lot may be cast as they determine, but in no event will fractional voting be allowed. Fractional or split votes will be disregarded, except for purposes of determining a quorum. 7.4 Procedure. All meetings of the Association, the Board, the ARC, and Association committees will be conducted with such rules of order as may from time to time be adopted by the Board. Unless other rules of order are adopted by a resolution of the Board, Robert's Rules of Order published by the Robert's Rules Association will apply. Notwithstanding which rules of order are adopted, the President will be entitled to vote on all matters, not merely to break a tie vote. A tie vote does not constitute a majority or approval of any motion or resolution Article 8 DECLARANT CONTROL 8.1 Interim Board and Officers. Declarant hereby reserves administrative control of the Association. Declarant, in its sole discretion, has the right to appoint and remove members of an interim board (the "Interim Board"), which will manage the affairs of the Association and be invested with all powers and rights of the Board until the Turnover Meeting (as hereinafter defined). The Interim Board will consist of one to three members. Notwithstanding the provision of this section 8.1, at the Turnover Meeting, at least one Director will be elected by Owners other than Declarant, even if Declarant otherwise has voting power to elect all three Directors. 8.2 Turnover Meeting. Declarant must call a meeting for the purposes of turning over administrative control of the Association from Declarant to the Class A members within 90 days of the earlier of the following dates: 8.2.1 Earliest Date. The date on which Eight Lots in Garden View Place have been sold and conveyed to persons other than Declarant; or 8.3.2 Optional Turnover. The date on which Declarant has elected in writing to terminate Class B membership. Declarant must give notice of the Turnover Meeting to each Owner as provided in the Bylaws. If Declarant does not call the Turnover Meeting required under this section 8.3, any Owner may do so. Page 18 - Declaration of Covenants, Conditions and Restrictions Garden View Place Article 9 DECLARANT'S SPECIAL RIGHTS 9.1 General. Declarant is undertaking the work of developing Lots and other improvements within Garden View Place. The completion of the development work and the marketing and sale of the Lots is essential to the establishment and welfare of the Property as a residential community. Until the Homes on all Lots on the Property have been constructed, fully completed, and sold, with respect to the Common Area and each Lot on the Property, Declarant has the special rights set forth in this Article 9. 9.2 Marketing Rights. Declarant has the right to maintain a sales office and model on one or more of the Lots that Declarant owns. Declarant and prospective purchasers and their agents have the right to use and occupy the sales office and models during reasonable hours any day of the week. Declarant may maintain a reasonable number of "For Sale" signs at reasonable locations on the Property, including, without limitation, on the Common Area. 9.3 Declarant Easements. Declarant reserves easements over the Property as more fully described in sections 3.4 and 3.5 hereof. 9.4 Additional Improvements. Declarant does not agree to build any improvements not described in this Declaration. Article SO FUNDS AND ASSESSMENTS 10.1 Purpose of Assessments; Expenses. The assessments levied by the Association will be used exclusively to promote the recreation, health, safety, aesthetics, and welfare of the Owners and Occupants of Garden View Place, for the improvement, operation, and maintenance of the Common Area and the Commonly Maintained Property, for the administration and operation of the Association, for the payment of the pro rata share of the "Common Area Maintenance and Operating Expenses" and for any property and liability insurance. 10.2 Covenants to Pay. Declarant and each Owner covenant and agree to pay the Association the assessments and any additional charges levied under this Declaration or the Bylaws. All assessments for operating expenses, repairs and replacement, and reserves will be allocated among the Lots and their Owners as set forth in section 10.4.2. 10.2.1 Funds Held in Trust. The assessments collected by the Association will be held by the Association for and on behalf of each Owner and may be used solely as set forth in section 10.1. Upon the sale or transfer of any Lot, the Owner's Page 19 - Declaration of Covenants, Conditions and Restrictions Garden View Place interest in such funds will be deemed automatically transferred to the successor in interest to the Owner. 10.2.2 Offsets. No offsets against any assessment will be permitted for any reason, including, without limitation, any claim that the Association is not properly discharging its duties. 10.2.3 Right to Profits. Association profits, if any, will be the property of the Association and will be contributed to the Current Operating Account. 10.3 Basis of Assessment; Commencement of Assessments. Declarant must pay all common expenses of the Association until the Lots are assessed for common expenses. The amount and date of commencement of the initial annual assessment, including the assessment of reserves, if any, to Owners other than Declarant will be determined by Declarant. In the sole and unfettered discretion of Declarant, Declarant may defer payment of reserves for a Lot until the Lot is conveyed to a third party. However, Declarant may not defer payment of accrued reserves beyond the date of the Turnover Meeting. 10.4 Annual Assessments. Annual assessments for each fiscal year will be established when the Board approves the budget for that fiscal year. The initial annual assessment will be determined by Declarant and will be prorated on a monthly basis at the time of the closing of the first sale from Declarant. For proration purposes, any portion of a month will count as a full month. Annual assessments will be payable on a periodic basis, not more frequently than monthly, as determined by the Board. The fiscal year will be the calendar year unless another year is adopted by vote of the Association members. 10.4.1 Budgeting. Each year the Board will prepare, approve, and make available to each Member a pro forma operating statement (budget) containing (a) estimated revenue and expenses on an accrual basis; (b) the amount of the total cash reserves of the Association currently available for replacement or major repair of the Common Area and Commonly Maintained Property and for contingencies; (c) an itemized estimate for the remaining life of improvements, and the methods of funding to defray repair, replacement, or additions to major components of improvements, as provided in section 10.6.2; and (d) a general statement setting forth the procedures used by the Board in the calculation and establishment of reserves to defray the costs of repair, replacement, or additions to major components of the Common Area and the Commonly Maintained Property. Notwithstanding that budgeting will be done on an accrual basis, the Association's books will be kept on a cash basis and the Association will be a cash basis Page 20 - Declaration of Covenants, Conditions and Restrictions Garden View Place taxpayer, unless applicable governmental regulations require otherwise. For the first fiscal year, the budget must be approved by the Board no later than the date on which annual assessments are scheduled to commence. Thereafter, the Board must annually prepare and approve the budget and distribute a copy or summary thereof to each Member, together with written notice of the amount of the annual assessments to be levied against each Owner's Lot, within 30 days after adoption of the budget. 10.4.2 Allocation of Assessments. Except for Reimbursement Assessments, the total amount in the budget will be charged equally against all Lots as annual assessments. 10.4.3 Nonwaiver of Assessments. If before the expiration of any fiscal year the Association fails to fix annual assessments for the next fiscal year, the annual assessments established for the preceding year will continue until a new annual assessment is fixed. 10.5 Special Assessments. The Board or the Owners have the power to levy special assessments against an Owner or all Owners in the following manner for the following purposes: 10.5.1 Correct Deficit. To correct a deficit in the operating budget, by vote of a majority of the Board; 10.5.2 Special Obligations of an Owner. To collect amounts due to the Association from an Owner for breach of the Owner's obligations under this Declaration, the Bylaws, or the Rules and Regulations, by vote of a majority of the Board; 10.5.3 Repairs. To collect additional amounts necessary to make repairs or renovations to the Common Area or Commonly Maintained Property if sufficient funds are not available from the operating budget or replacement reserve accounts, by vote of a majority of the Board; or 10.5.4 Capital Improvements. To make capital acquisitions, additions, or improvements, by vote of at least 80 percent of all votes allocated to the Lots. 10.5.5 Reimbursement Assessments. The Association must levy an assessment against any Owner and the Owner's Lot if a failure to comply with this Declaration, Bylaws, Architectural Standards, or any Rules and Regulations has (a) necessitated an expenditure of monies by the Association to effect compliance or (b) resulted in the imposition of a fine or penalty against the Owner or the Owner's Lot (a "Reimbursement Assessment'. A Reimbursement Assessment is due and payable to the Association when levied. A Reimbursement Assessment may not be levied by the Page 21 - Declaration of Covenants, Conditions and Restrictions Garden View Place Association except on at least 10 days' written notice to the Owner being assessed. If, within the 10 -day period, the Owner makes a written request to the Board for a hearing, a hearing must be held. Upon request for a hearing, the Board must conduct it not less than 10 nor more than 30 days after the request by the Owner, and must make its decision within not more than 30 days after the hearing is held. If a notice has been previously given, and the hearing has already been held or waived (in writing or by the Owner's failure to appear) for the violation resulting in the Reimbursement Assessment, no additional notice and hearing is required before levying the Reimbursement Assessment. 10.6 Accounts. 10.6.1 Types of Accounts. Assessments collected by the Association will be deposited into at least two separate accounts with a bank, which accounts will be clearly designated as (a) the Current Operating Account and (b) the Reserve Account. The Board must deposit those portions of the assessments collected for current maintenance and operation into the Current Operating Account and must deposit those portions of the assessments collected as reserves for replacement and deferred maintenance of capital improvements into the Reserve Account. Withdrawal of funds from the Association's Reserve Account requires the signatures of either two Directors or one Director and an officer of the Association who is not a Director. In its books and records, the Association must account separately for operating expenses relating to the Common Area and Commonly Maintained Property and operating expenses relating to all other matters, as well as for necessary reserves relating to the Common Area [and Commonly Maintained Property] and necessary reserves relating to all other matters. 10.6.2 Reserve Account. Declarant must establish a Reserve Account, in the name of the Association, which must be kept separate from all other funds held by the Association. The Association will pay out of the Reserve Account only those costs that are attributable to the maintenance, repair, or replacement of Common Area property [and Commonly Maintained Property] that normally requires replacement, in whole or in part, within one to 30 years and not for regular or periodic maintenance and expenses. No funds collected for the Reserve Account may be used for ordinary current maintenance and operation purposes. 10.6.2.1 Calculation of Reserve Assessment; Reserve Study. The Board of Directors of the Association must conduct as often as necessary, but no longer than every 5 years, a reserve study, or review and update an existing study, of the Common Area [and Commonly Maintained Property] to determine the Reserve Account Page 22 - Declaration of Covenants, Conditions and Restrictions Garden View Place requirements. A Reserve Account must be established for those items of the Common Area [and Commonly Maintained Property] all or part of which will normally require replacement in more than one and less than 30 years for maintenance, repair, or replacement of other items as may be required under the Declaration or Bylaws or that the Board of Directors, in its discretion, may deem appropriate. The Reserve Account need not include items that could reasonably be funded from operating assessments. The reserve study must include (a) identification of all items for which reserves are required to be established; (b) the estimated remaining useful life of each item as of the date of the reserve study; (c) the estimated cost of maintenance, repair, or replacement of each item at the end of its useful life; and (d) a 30 -year plan with regular and adequate contributions, adjusted by estimated inflation and interest earned on reserves, to meet the maintenance, repair, and replacement schedule. The Reserve Account assessment must be allocated according to section 10.4.2. 10.6.2.2 Investment of Reserve Account. Nothing in this section 10.6 prohibits the prudent investment of Reserve Account funds, subject to any constraints imposed by the Oregon Planned Community Act, the Board, the Bylaws, or the Rules and Regulations. 10.6.2.3 Refunds of Assessments. Assessments paid into the Reserve Account are the property of the Association and are not refundable to sellers or Owners of Lots. Sellers or Owners of Lots may treat their outstanding share of the Reserve Account's balance as a separate item in the sales contract providing for the conveyance of their Lot. 10.6.3 Current Operating Account. All costs other than those to be paid from the Reserve Account under section 10.6.2 may be paid from the Current Operating Account. 10.7 Default in Payment of Assessments; Enforcement of Liens. 10.7.1 Personal Obligation. Any assessment properly imposed under this Declaration or the Bylaws is the joint and several personal obligation of all Owners of the Lot to which the assessment pertains. In a voluntary conveyance (i.e., one other than through foreclosure or a deed in lieu of foreclosure), the grantees will be jointly and severally liable with the grantors for all Association assessments imposed through the recording date of the instrument effecting the conveyance. A suit for a money judgment may be initiated by the Association to recover the assessments without either waiving or foreclosing the Association's lien. Page 23 - Declaration of Covenants, Conditions and Restrictions Garden View Place 10.7.2 Association Lien. The Association has a lien against each Lot for any assessment of any type provided for by this Declaration or the Bylaws or installment thereof that is delinquent. The lien will accumulate all future assessments or installments, interest, late fees, penalties, fines, attorney fees (whether or not suit or action is instituted), actual administrative costs, and other appropriate costs properly chargeable to an Owner by the Association, until such amounts are fully paid. Recording of the Declaration constitutes record notice and perfection of the lien. The lien may be foreclosed at any time in accordance with the Oregon Planned Community Act. The Association must record a notice of a claim of lien for assessments and other charges in the deed records of Lane County, Oregon, before any suit to foreclose may be filed. The lien of the Association will be superior to all other liens and encumbrances except property taxes and assessments; any first mortgage, deed of trust, or land sale contract recorded before the Association's notice of lien; and any mortgage or deed of trust granted to an institutional lender that is recorded before the Association's notice of lien. 10.7.3 Interest, Fines, Late Fees, and Penalties. The Board, in its reasonable discretion, may from time to time adopt resolutions to set the rate of interest and to impose late fees, fines, and penalties on delinquent assessments or for violations of the provisions of this Declaration, the Bylaws, Architectural Standards, and the Rules and Regulations adopted by the Board or the ARC. The adoption of such impositions must be communicated to all Owners in writing not less than 30 days before the effective date by a notice mailed to the assessment billing address of each Owner. The impositions will be considered assessments that are lienable and collectible in the same manner as any other assessments; however, fines or penalties for violation of this Declaration, the Bylaws, or the Rules and Regulations, other than late fees, fines, or interest arising from an Owner's failure to pay regular, special, or reimbursement assessments may not be imposed against an Owner or the Owner's Lot until the Owner is given an opportunity for a hearing as elsewhere provided herein. 10.7.4 Acceleration of Assessments. If an Owner is delinquent in payment of any assessment or installment on any assessment, the Association, on not less than 10 days' written notice to the Owner, may accelerate the due date of the full annual assessment for that fiscal year and all future installments of any special assessments. 10.7.5 Association's Right to Rents; Receiver. In any foreclosure suit by the Association with respect to a lien described in section 10.7.2, the Association is Page 24 - Declaration of Covenants, Conditions and Restrictions Garden View Place entitled to collect reasonable rent from the defaulting Owner for the use of the Owner's Lot and is entitled to the appointment of a receiver. Article 11 GENERAL PROVISIONS 11.1 Records. The Board must preserve and maintain minutes of the meetings of the Association, the Board, and any committees. The Board must also keep detailed and accurate financial records, including individual assessment accounts of Owners, the balance sheet, and income and expense statements. Individual assessment accounts must designate the name and address of the Owner or Owners of the Lot, the amount of each assessment as it becomes due, the amounts paid on the account, and the balance due on the assessments. The minutes of the Association, the Board, and Board committees, and the Association's financial records must be maintained in the State of Oregon and reasonably available for review and copying by the Owners. A reasonable charge may be imposed by the Association for providing copies. 11.2 Indemnification of Directors, Officers, Employees, and Agents. The Association must indemnify any Director, officer, employee, or agent who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by the Association) by reason of the fact that the person is or was a Director, officer, employee, or agent of the Association or is or was serving at the request of the Association as a Director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against expenses (including attorney fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by the person in connection with the suit, action, or proceeding if the person acted in good faith and in a manner that the person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had no reasonable cause to believe that the person's conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or plea of nolo contendere or its equivalent, will not of itself create a presumption that a person did not act in good faith and in a manner that the person reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had reasonable cause to believe that the person's conduct was unlawful. Payment under this clause may be made during the pendency of the claim, action, suit, or proceeding as and when incurred, subject only to the right of the Association to Page 25 - Declaration of Covenants, Conditions and Restrictions Garden View Place reimbursement of the payment from the person, should it be proven at a later time that the person had no right to the payments. All persons who are ultimately held liable for their actions on behalf of the Association as a Director, officer, employee, or agent will have a right of contribution over and against all other Directors, officers, employees, or agents and members of the Association who participated with or benefited from the acts that created the liability. 11.3 Enforcement; Attorney Fees. The Association, the Owners, and any mortgagee holding an interest on a Lot have the right to enforce all of the covenants, conditions, restrictions, reservations, easements, liens, and charges now or hereinafter imposed by any of the provisions of this Declaration as may appertain specifically to such parties or Owners by any proceeding at law or in equity. Failure by either the Association or by any Owner or mortgagee to enforce any covenant, condition, or restriction herein contained will in no event be deemed a waiver of their right to do so thereafter. If suit or action is commenced to enforce the terms and provisions of this Declaration (including without limitations, suit or action for the collection of assessments), the prevailing party will be entitled to its actual administrative costs incurred because of a matter or event that is the subject of the suit or action, attorney fees and costs in the suit or action to be fixed by the trial court, and in the event of an appeal, the cost of the appeal, together with reasonable attorney fees, to be set by the appellate court. In addition thereto, the Association will be entitled to its reasonable attorney fees and costs incurred in any enforcement activity or to collect delinquent assessments, together with the Association's actual administrative costs, whether or not suit or action is filed. 11.4 Severability. Invalidation of any one of these covenants, conditions, or restrictions by judgment or court order will not affect the other provisions hereof and the same will remain in full force and effect. 11.5 Duration. The covenants, conditions, and restrictions of this Declaration run with and bind the land for a term of 35 years from the date of this Declaration being recorded, after which time they will be automatically extended for successive periods of 10 years, unless rescinded by a vote of at least 75 percent of the Owners and 90 percent of the first mortgagees; however, amendments that do not constitute rescission of the planned community may be adopted as provided in section 11.6. 11.6 Amendment. Except as otherwise provided in section 11.5 or ORS 94.590, and the restrictions set forth elsewhere herein, this Declaration may be amended at any time by an instrument approved by not less than 75 percent of the total votes allocated to Page 26 - Declaration of Covenants, Conditions and Restrictions Garden View Place the Lots, without regard to the enhanced voting rights of the Class B Member. Any amendment must be executed, recorded, and certified as provided by law; however, no amendment of this Declaration will effect an amendment of the Bylaws or Articles without compliance with the provisions of those documents and the Oregon Nonprofit Corporation Act, and no amendment affecting the general plan of development or any other right of Declarant herein contained may be effected without the express written consent of Declarant or its successors and assigns, including, without limitation, amendment of this section 11.6. Furthermore, as long as there is Class B membership, any amendment to these Bylaws must be approved by the U.S. Department of Housing and Urban Development or the U.S. Department of Veterans Affairs, whichever is applicable. 11.7 Release of Right of Control. Declarant may give up its right of control in writing at any time by notice to the Association. 11.5 Unilateral Amendment by Declarant. In addition to all other special rights of Declarant provided in this Declaration, Declarant may amend this Declaration in order to comply with the requirements of the Federal Housing Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board, commission, or agency of the United States or the State of Oregon, or any other state in which the Lots are marketed and sold, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon, or such other state, the approval of which entity is required in order for it to insure, guarantee, or provide financing in connection with development of the Property and sale of Lots. Before the Turnover Meeting, no such amendment will require notice to or approval by any Class A member. 11.9 Resolution of Document Conflicts. In the event of a conflict among any of the provisions in the documents governing Garden View Place, the conflict must be resolved by looking to the following documents in the order shown below: 1. Declaration; 2. Articles; 3. Bylaws; 4. Rules and Regulations. Page 27 - Declaration of Covenants, Conditions and Restrictions Garden View Place IN WITNESS WHEREOF, the undersigned being the only two members of Declarant (EMMB Development LLC, an Oregon Limited Liability Company) herein, who execute this instrument: Dated: Occu-ly Z3"—`, 2020. EMMB Development LLC %� r By: .L Earl McElhany, Member MB Development LLC STATE OF OREGON ) ss. County of Lane ) Personally appeared Earl McElhany who, being duly sworn, did say that he is a member of EMMB Development LLC an Oregon Limited Liability Company, and that EMMB Development LLC is the sole member of Garden View Homeowners Association, and that the foregoing instrument was signed in behalf of said company; and acknowledged said instrument to be its voluntary act and deed. OFFICIAL STAMP SCOTT WARREN TRUE NOTARY PUBLIC -OREGON COMMISSION NO.972395 My COMMISSION EXPIRES MARCH 14, 2022 /Si—/&N' iY''A Notary Public for Oregon My commission expires: ' a'�ZZ Page 28 - Declaration of Covenants, Conditions and Restrictions Garden View Place Dated: Z3'° 2020. EMMB Development By: Mike Blankenship, President of Blankenship Corporation, Member of EMMB Development LLC STATE OF OREGON ) ss. County of Lane ) Personally appeared Mike Blankenship who, being duly sworn, did say that he is the president of Blankenship Corporation an Oregon Corporation, and said corporation is a member of EMMB Development LLC an Oregon Limited Liability Company, and that EMMB Development LLC is the sole member of Garden View Homeowners Association and that the foregoing instrument was signed in behalf of said company; and acknowledged said instrument to be its voluntary act and deed. OFFICIAL STAMP WARREN TRUE 49910SCOTT /S/ Cv, NOTARY PUSLIC•OREOON COMMISSION N0, 972393 Notary Public for Oregon MV COMMISSION EXPIRES MARCH 14, 2022 My commission expires: 3 J4 Z.oZ-- Page 29 - Declaration of Covenants, Conditions and Restrictions Garden View Place