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Home My WebLink AboutApplication APPLICANT 8/13/2021City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision SPRINOFI� w MA/ Application Type (Applicant., check one) Partition Plat Pre -Submittal: _J Subdivision Plat Pre -Submittal: Partition Plat Submittal: ❑ Isubdivision Plat Submittal: RequiredProject.. Applicant Name: Habitat for Humanity of Central Lane Phone. 541-741-1707 Company: Habitat for Humanity of Central Lane Fax: 541-741-6743 Address: 1210 Oak Patch Road, Eugene, OR 97402 Applicant's Rep.: John Aaron Phone: 541-741-1707 Company: Habitat for Humanity of Central Lane Fax: 541-741-6743 Address: 1210 Oak Patch Road, Eugene, OR 97402 Property Owner: Habitat for Humanity of Central Lane Phone: 541-741-1707 Company: Habitat for Humanity of Central Lane Fax: 541-741-6743 Address: 1210 Oak Patch Road, Eugene, OR 97402 ASSESSOR'S MAP NO: 17-03-26-14 TAX LOT NOS : 3701 3702 3703 3704 Property Address: 1160 Q Street Springfield, OR 97477 Size of Property: 37,578 sci ft / .86 acres Acres ❑ Square Feet ❑ Proposed Name of Subdivision: Fischer Village Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Subdivide into 12 lots Existing Use: Vacant Property I Tentative Case #: 811-18-0002 17 T # of Lots Parcels: 12 Av . Lot/Parcel Size: 2500 sf Densi : du acre Si natures: Please sin and rint Mour name and date in the allroproate box on the next Q1U. Required Project Information (CitYTntake Staff. complete this section) Associated Applications: $)I - I S- 0o021 -T --V,40 2 Pre -Sub case. No.: 4 n - 2-1 - 0oo2.1q-1 Date: 8�I3 202,1 nn Reviewed by: td Case No.: I Date: Reviewed by: Application Fee: Technical Fee: Posta a Fee: 0 vJAlvry Pe -72, 2014 TOTAL FEES: No,, P20F,-r I PROJECT NUMBER: Revised 10.14.13 kl 1 of 6 P2 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. Owner: The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Date: Si atu T:+✓ 4.4 Ra J Print 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 227.176 pertaining to a complete application. Date: Signature Revised 10.14.13 kl 2 of 6 Habitat 1210Oak ,hRoad Eugenene, 97402402 for Humanity® Phone: 541-7-7OR41-1707 Fax: 541-741-6743 of Central Lane CCB# 196367 August 9`^, 2021 Since its founding, Habitat for Humanity of Central lane has built over 40 affordable houses in Springfield. Our goal is to serve the community by making homes available to working families that make less than 60% of the median income for this area. This affiliate of Habitat for Humanity is a non-profit 501(c)(3) (EIN- H93-1015598) with a history of making affordable housing available to the community. Our mortgage structure is such that Habitat has the right of first refusal in the event that any Habitat homeowner chooses to leave the house they are in. The City of Springfield's willingness to waive any fees will help us develop the 12 lots between Q and R streets (map no -17-03-26-14) into new homes for 12 deserving families. Than you for your consideration, e�� John on Construction Project Manager 541-999-2326 o F Habitat for Humanity of Central lane I lnbitu[ ha 1 Lamuniqof Ccm ral Lane 1770 Oak P.¢ch Road Fu¢aa_ Om_on 97402 Phonc 041) 741-1707 lohn.aaron@habitatlane.or¢ nnv�o.habitadancorg Building Homes, Building Hope. Building houses in partnership with God's people in need. • ' Habitat MTfor Humanity' of Central Lane Building houses in partnership with God's people in need. 1210 Oak Patch Road Eugene, OR 97402 Phone: 541-741-1707 Fax: 541-741-6743 CCB# 196367 Land Division Plat Pre -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. Any applicable application, technology, and postage fees, are collected at the pre -submittal and submittal stages. Land Division Plat Application Form ❑ Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. Five (5) Paper Copies of the Plat stamped and signed by the surveyor. Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all common areas, dedicated areas, and easement areas that are not simple parallel offsets. Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being divided. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK at the pre -submittal stage. Two (2) Copies of Each of the Reference Documents and Plats listed on the plat. ❑ Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest title to the owner listed on the plat), existing easement deeds, and documents listed as exceptions in the title report, etc. ❑ Two (2) Draft Copies of any street dedications. ' / Two (2) Draft Copies of Any New Easements or Restrictions being created by separate document, improvement agreements, maintenance agreements, joint use ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the Conditions of Approval. ❑ Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage, or other secured loan interest holders against the property to be recorded simultaneously with the plat IF any public dedications or easements are being made and/or any other interests are being transferred to the public per ORS 92.075 (2-4). ❑ Copies of Wetland Documents as required. ❑ Copies of ODOT Access Permits as required. ❑ Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template. Verification that Street Tree Agreement is in Progress as required. Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as required. Revised 10.14.13 kl 5 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 ❑ Two (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. ❑ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. ❑ Copy of the Mylar on Bond Paper ❑ Original and Copy of all Required Documents with signatures where appropriate. Revised 10.14.13 kl 6 of 6 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 oF6 Land Division Plat Application Process (see next page for a diagram of this process) 1. 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 3 of 6 ;City of Springfield Development & Public works 225 Fifth Street Springfield, OR 97477 Fee Waiver Non -Profit Affordable Housing Providers Y6 Required Project Information (Applicant: complete this section) Applicant Name: 14aber+al-4,• kr ,yl 7; phone: •-14(• f Ib�( Company: I Fax: E541 ' 141 14 Address: E eric o/1�, Applicant's ll LDU Carve Phone: 1• 41. [ 70-1 Com n : enc Fax: 541• 41• 143 Address: Ivo Oaki' Property Owner: Phone: 41 Company: Fax: 4 41 Address: 1110 Oak- Path ASSESSOR'S MAP NO: TAX LOT NO 5 :3't()1 3 02 2 03 3"101• Property Address: Fee Waiver: Applicable land use application fees for affordable housing may be waived by the Director in order to encourage the construction of affordable housing. Affordable housing as defined below shall be either newly constructed rental or home ownership units. Land Use Application Case No. Affordable housing category that applies to the project: ❑ Rental for households with incomes below 60% of the area median income (AMI), as determined by the Department of Housing and Urban Development (HUD) income limits in effect at the time of submittal; or IRI Home ownership housing sold to households with incomes below 80% of arta median income (AMI), as determined by the Department of Housing and Urban Development (HUD) income limits in effect at the time of submittal. The undersigned acknowledges that the information Included with this application Is cornett and accurate. Applicant: r Signature n� J. Print: �6U - . J, tprVLtr Date: lb ) 3) i Date Received Revrsed 11/ID/09 mem NOV 08 2018 10` 3 Original submidal Fee Waiver Process 1. Applicant Submits a Fee Waiver Application to the Development & Public Works Department The application must conform to the Fee Waiver Submittal Requirements Checklist on page 3 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required Items listed in the Fee Waiver Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check of the submittal. • The assigned Planner notifies the applicant in the event that submittal requirements are missing or unclear. • An application is not deemed technically complete until all information necessary to evaluate the request and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes. • Incomplete applications, as well as insufficient or unclear data, will delay the review process and may result in denial. 3. City Staff Review the Application & Signs Agreement The assigned Planner notifies the applicant in writing regarding the decision to grant the waiver or not; if the waiver is granted, the City and the applicant sign a contractual agreement to ensure compliance with the stated intent of the project. Date Received Nov 08 Zola Rmmd 11/10/09 mem 2 d 3 Original Submittal — - Fee Waiver Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. Submitted Prior to Associated Land Use Applications - the Planning Division must approve the waiver and sign the contractual agreement before any associated land use application can be accepted for submittal. I El Fee Waiver Application Form Proof of Registered Non -Profit Status Adequate Documentation of the Following: That the proposed housing units meet appropriate standards regarding household income, rent levels, sales price, location, and number of units; ❑ For rental housing, that the units shall remain exclusively available to low- income households at affordable rents during the required period of affordability; .�{ For home ownership housing, that the units shall be sold exclusively to low- income households at an affordable sales price. Also, that if a unit is resold within the required period of affordability, such housing shall only be sold to another low-income household at an affordable sales price; ❑ That if, within the required period of affordability, the use of the property is no longer for low-income housing, the owner shall pay the waived development fees from which the owner or any prior owner was exempt; and Date Received Re iud11/10/09mem NOV 08 M33or3 Original Submillal Habitat 1210 ch Road Eugene,gene, OR 97402402 for Hulrlanit ® Y of Central Lane Phone: 541-741-1707 Fax: 541-741-6743 CCB# 196367 October 31a, 2018 Since its founding, Habitat for Humanity of Central Lane (formerly 5pringneld/Eugene Habitat for Humanity) has built over 40 affordable houses in Springfield. Our goal is to serve the community by making homes available to working families that make less than 60% of the median income for this area. This affiliate of Habitat is a non-profit 501(c)(3) (EIN #93-1015598) with history of making affordable housing available to the community.. Our mortgage structure is such that Habitat has the right of first refusal in the event that any Habitat homeowner chooses to leave the house they are in. This allows Habitat the control to see that each house stays affordable and serves the desired income range. The City of Springfield's willingness to waive any fees will help us develop the four lots between 'Cr and W Streets into new homes for 12 deserving families. Thank you for your consideration, Doug Carver Construction Project Manager 706.612.3928 Habitat for Humanity of Central Lane 1210 Oak Patch Road Eugene, Oregon 97402 Phone:(541) 7461707 doug,mmn nAhabitatlane.org wwwhabitatlaneote Building Homes, Building Hope. Date Received Building houses in partnership with God's people in need. NOV 08 2018 Original Submittal ,�'*,� Habitat for Humanity® help build it! April 13, 2018 Habitat for Humanity of Central Lane 1210 Oak Patch Rd Eugene, OR 97402 RE: 501(c)(3) Letter for Habitat for Humanity of Central Lane, Partner I D# 1002-5082 Dear Affiliate Leader This letter will confirm that Habitat for Humanity of Central Lane, with employer identification number 93-1015598, is considered a subordinate under the group tax exemption umbrella of Habitat for Humanity International, Inc. ("HFfir) under Section 501(c)(3) of the Internal Revenue Code. The group exemption number assigned to HFHI by the IRS is 8545. This number may he provided to prospective donors, foundations and other grant organizations as they request it and is required on certain IRS farms. Enclosed is a copy of the determination letter dated February 23, 2018, provided by the IRS as evidence of HFHI's tax exempt status as well as its group exemption. The determination letter, together with this letter, confirms Habitat for Humanity of Central Lane's subordinate status and provides evidence of its tax exempt status under Section 501(c)(3) of the Code. In partnership, Beverly Huffman Director, US/Canadian Support Services Center Habitat for Humanity International 877434-4435 USSu000rtCenter(ahabitat oro - habitat.org I Habitat We build. Enclosure Date Received NOV 08 2018 ]L Hate St, AMdW. 6A 317119-3498 OSA w Jtabhg.m92291924-6935 WIfree(M) 42Z-4828 Original Submittal � l� __ Internal Revenue Service P. O. Box 2506 Cincinnati, OH 45201 Date: February 23, 2018 HABITAT FOR HUMANITY INTERNATIONAL INC. HABITAT FOR HUMANITY INTRNL PARENT % MICHAEL E CARSCADDON 270 PEACHTREE ST NW STE 1300 ATLANTA, GA 30303 Dear Sir or Madam: Department of the Treasury Person to Contact: 60196814 Ms. Benjamin Employer Identification Number: 91-1914868 Group Exemption Number: 8545 This is in response to your request dated January 10, 2018 for information about your tax-exempt status. Our records indicate we issued a determination letter to you inJanuary 1987, and that you're currently exempt under Internal Revenue Code (IRC) Section 501(c)(3). We also recognized the subordinates onIthe list you submitted as exempt from federal income tax under IRC Section 501(c)(3). For federal income tax purposes, donors can deduct contributions they make to you as provided in IRC Section 170. You're also qualified to receive tax deductible bequests, legacies, devises, transfers, or gifts under IRC Sections 2055, 2106 and 2522. Because IRC Section 170(c) describes your subordinate organizations, donors can deduct contributions they make to them. Please refer to www.1m.gov/charities for information about filing requirements. Specifically, IRC Section 60330) provides that, if you dont file a required return or notice for three consecutive years, your exempt status will be automatically revoked on the filing due date of the third required return or notice. -- • - In -addition, -each subordinateorganization is subject to automatic revocation If it doesn't file a required return or notice for three consecutive years. Subordinate organizations can file required returns or notices individually or as part of a group return. . For tax forms, instructions, and publications, visit www.irs.gov or call 1 -800 -TAX -FORM (1-800-829-3676). If you have questions, call 1-877-829.5500 between 8 a.m. and 5 p.m., local time, Monday through Friday (Alaska and Hawaii follow Pacific Time). Sincerely yours, .pta*,� Stephen A. Martin Director, Exempt Organizations Rulings and Agreements Date Received NOV 08 2818 Original Submittal IRS Group Exemption FAOs The IRS refers to "central" or "parent" organizations, as well as "subordinate" organizations? What does these terms mean? An organization that has been granted a 501(c)(3) group exemption by the IRS is referred to as the central or parent organization. The central organization generally supervises many affiliates or chapters, called subordinate organizations. The subordinate organizations have similar structures, purposes, missions and activities. t In Habi[a['s case, HFHI is the central organization and each Affiliate is a subordinate organization. What is the reason for group exemptions vs individual exemptions? Group -exemptions are an administrative convenience for both the IRS and organizations with many affiliated organizations. Subordinates in a group exemption do not have to file, and the IRS does not have to process, separate applications for exemption. Instead, the IRS allows the central organization to include its subordinate organizations under its tax exempt "umbrella." & Group exemptions are more convenient because only one central organization (HFHI) needs to be checked for tax exempt status. Who determines if a subordinate organization may be included under the central arganizations' group exemption? The central organization, not the IRS, determines who is exempt under its 501(c)(3) umbrella. The IRS does not approve or deny a subordinate's inclusion on HFHI's roster of exempt subordinates. It is solely at the discretion of the central organization holding the 501(c)(3) designation as long as the subordinate is similar in mission, purpose, structure and activities. The IRS leaves it up to the central organization to police its own list of subordinate entities and to report any changes. Failure to monitor the list in accordance with the rules set forth by the IRS may result in the central organization having its 501(c)(3) status revoked. ee HFHI is the final determiner of whether Affiliates are on its group exempt list. The IRS will not issue a letter with regard to an individual Affiliate. Date Received NOV 08 21'.3 Original Submittal W How does a donor verify that an organization is included as a subordinate in a group exemption ruling? The central organization which holds the group exemption (rather than the IRS) determines which organizations are included as subordinates under its group exemption umbrella. Therefore, a donor should verify that an organization is a subordinate eligible to receive tax deductible donations by requesting a copy of a letter provided by the central organization to the subordinate confirming the subordinate entity's inclusion on its roster of exempt subordinates. This letter, coupled with a copy of the central organizations 501(c)(3) determination letter provides adequate proof of the entity's tax exempt status. ❖ -Affiliate should provide donors a copy of the confirmation letter (with the HFHI IRS determination letter attached) that HFHI provides to each Affiliate on an annual basis. +. Donors should be told that the IRS determination letter will not reference the Affiliate by name. How do donors verify that contributions are deductible with respect to a subordinate organization In a section 501(c)(3) group exemption ruling? Many donors are accustomed to consulting the IRS database known as EOS Select Check to confirm that donations to a specific organization are tax deductible. This works well for organizations that have an individual tax exemption; however, it creates a bit of confusion when it comes to organizations with a group tax exemption status. The EOS Select Check database does NOT list all subordinate entities. It lists the central organization because the central organization is the entity that applied for, and was granted, a 501(c)(3) designation. Many times donors become alarmed when they do not see the individual Affiliate listed in the database. It is important to explain to your donor that providing HFHI's group exemption number (GEN) along with a confirmation letter from HFHI, as the central organization, is sufficient proof of the subordinate entity's tax exempt status. Donors may rely upon central organization verification with respect to deductibility of contributions to subordinates covered in a section 501(c)(3) group exemption ruling. •'r Explain to your donors early the procedure so that they will not be surprised when the Affiliate is not referenced on the EOS database. Date Received NOV 08 20 4.3 Original SubmiOal_,_, _.— Employer Identification Number (EIN) vs Group Exemption Number (GEN) The Employer Identification Number (EIN) is a nine -digit number that is unique to each business and generally appears in the following format: XX-XXXXXXX. Its role for a business is similar to that of the Social Security number for an individual. The number includes information about which state the corporation is registered in. This unique identification number is assigned to a business entity so that they can easily be identified by the Internal Revenue Service. The EIN is also known as a Federal Identification Number (FIN) or Tax 1D. This number is apart and separate from a company's group exemption number (GEN). The EIN identifies the specific organization. The GEN identifies the entity's further designation as a tax exempt organization. The GEN number is a number assigned by the IRS which identifies the central organization who was granted the group exemption. The GEN number is a 4 digit number that should be supplied to donors when they make a donation. This number allows the donor to make a Lax deduction based on the donation to the tax exempt entity. • HFHI's GEN is 8545. This should be given to your donors. • Do not use HFHI's EIN in your Affiliate's tax return and other documents. This will rause the IRS to confuse your Affiliate with HFHI (including accidentally holding you responsible HFHI's payroll taxes, misreporting on Form 990, etc.) HFHI's GEN is 8545. This should be givento your donors. 4• Do not use HFHI's EIN in your Affiliate's tax return and other documents. 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Traverse View - LOT2 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN10 Date:6-25-2021 Point Type Grid Bearing Grid Dist Northing Bas ng Description r42 1340.81 2099.60 se lotl r41 589°59'00"W 100.00 1340.78 1999.60 nw lot 2 ;r39 SO°04'00"E 24.58 1316.20 1999.63 nw lot 3 r43 N89059'00"E 100.00 1316.23 2099.63 se lot 2 M2 NO°04'00"W 24.58 1340.81 2099.6n cc inn Traverse View - LOT3 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN30 Date:6-25-2021 Point Type SS Grid Bearing Grid Dist Northing Easting Description r43 1316.23 2099.63se lot 2 r39 S89°59'00"W 100.00 1316.20 1999.63 nw lot 3 r38 S0004'00"E 24.58 1291.62 1999.66 nw lot 4 r44 N8905 '0 100.00 1291.65 2099.66 rp to SE corner P.4 i r43 NO°04'00"W 24 1316.23 2099.63 se lot 2 Traverse View - LOT4 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN10 Date:6-25-2021 Paint Type Grid Bearing Grid Dist Northing Easting Description I4 1291.65 2099.66 rp to SE corner PA S89059'00"W 100.00 1291.62 1999.66 nw lot 4 S0004'00"E 24.58 1267.04 1999.69 nw lot 5 r'r37 r45 N89059'00 'E 100.00 1267.07 2099.69 se lot 4 r44 N0004'00"W 24.58 1291.65 2099.66 rp to SE corner PA Traverse View - LOT5 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERNIO Date:6-25-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r45 1267.07 2099.69 se lot 4 r37 S89059100"W 100.00 1267.04 1999.69 nw lot 5 'r36 50004'00"E 24.58 1242.46 1999.72 nw lot 6 r46 N89059'00"E 100.00 1242.49 2099.72 se lot 5 r45 N0004'00"W 24.58 1267.07 2099.69 se lot 4 Traverse view - LOT6 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (Inverse grid coordinates) Survey: Replat File: REDFERNIO Date:6-25-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r46 1242.49 2099.72 se lot 5 'r36 589059'00"W 100.00 1242.96 1999.72 nw lot 6 Ir35 SO°04'00"E 24.58 1217.88 1999.75 sw lot 6 r47 N89059'00"E 100.00 1217.91 2099.75 se lot 6 r46 N0004'00"W 24.58 1242.49 2099,72 se lot 5 Traverse View - TRACT 1 (Grid Bearing, Grid Dist, Feet) 5500.00SgFt 0.13Acres Grid Dist (inverse grid coordinates) Grid Bearing (Inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting FDescdption r471217.91 2099.75 se lot 6 j r35 S89°59'00"W 100.00 1217.881 1999.75 sw lot 6 r40 S0004'00"E 55.00 1162.88 1999.81 nw lot 7 r5S N89Q59'00"El 100.001 1162.91 2099.81 ne lot 7 L47_ INO°09'OD"W 55.00 1217.91 2099.75 se lot 6 Traverse View - LOT7 (Grid Bearing, Grid Dist, Feet) 3000.00SgFt 0.07Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r40 1162.86 1999.81 nw lot 7 r56 SO°04'00"E 30.00 1132.88 1999.85 sw lot 7 OFN89059'00"E 100.00 1132.91 2099.85 se lot 7 r55 NO°04'00"W 30.001 1162.91 2099.81 Ine lot 7 r40 589059'00"W 100-001 1162.88 1999.81 nw lot 7 Traverse View - LOT8 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0,06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing asting Description r56 1132.88 1999.85 sw lot 7 r66 SO°04'00"E 24,58 L108.30 1999.87 r64 N89°59'00" E 100.00 1108.33 2099.87 se lot 6 r62 1O°09700"W 24.58 1132.91 2099.85 se lot 7 r56 S89°59'00" W 100.00 1132.88 1999.85 sw lot 7 Traverse View - LOTS) (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting Description rt6 I I I 1 1 1108.30 1999.87 r67 I 50004'00"El 24.58 1083.72 1999.90 sw lot 9 r68N89°59V 'E 100.00 1083.75 2099.90 se lot 9 r69 N0004'00" W 24.58 11108.33 2099.87 se lot 8 r66 589059'00"W 100-001 1108.30 1999.87 Traverse View - LOT10 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERNll Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r67 1083.72 1999.90 sw lot 9 r70 50004'00"E 24.58 1059.14 1999.93 sw lot 10 r71 N89059'00"E 100.00 1059.17 2099.93 se lot 10 r68 NO -04'00"W 24.58 1083.75 2099.90 se lot 9 r67 S89059100"W 100.00 1083.72 1999.90 sw lot 9 Traverse View - LOT11 (Grid Bearing, Grid Dist, Feet) 2458.00SgFt 0.06Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r70 I 1 1 1059.141 1999.93 sw lot 30 r72 50004'00"E 24.58 1034.56 1999.96 sw lot 11 r73 N89°59'00"E 100.00 1034,59 2099.96 sw lot 11 r71 N0°04'00"W 24.58 1059.17 2099.93 se lot 10 r70 _ S89°59'00"W 100.001 1059.141 1999.93 sw lot 10 Traverse View - LOT12 (Grid Bearing, Grid Dist, Feet) 3457.455gFt 0.08Acres Grid Dist (inverse grid coordinates) Grid Bearing (inverse grid coordinates) Survey: Replat File: REDFERN11 Date:7-23-2021 Point Type Grid Bearing Grid Dist Northing Easting Description r72 1 1034.561 1999.96 sw lot 11 rl bVU4'OU"EJ 34.561 1000.001 2000.00 initial point r14 N90°00'00"E 100.00 1000.00 2100.00 5E lot4 (on water meter) r73 NO'04'00"W 34.59 1034.59 2099.96 sw lot 11 r72 S89°59'00"W 100.001 1034.561 1999.96 sw lot 11 HABITAT FOR HUMANITY FISCHER VILLAGE HOUSING DEVELOPMENT UTILITY INFRASTRUCTURE CONSTRUCTION DOCUMENTS TAX ASSESSOR'S MAP 17-03-26-14 LOTS 3701, 3702, 3703 AND 3704 SPRINGFIELD, OREGON MAY 17, 2019 —TiT r Ixr a� IT -- r.r I a I 1JL 4 � ,L I I — T �Z� PLAN SCALE PROJECT SITE PLAN II��--��------�� r VICINITY MAP SHEET INDEX C5 --RAIDDOMEITC-1-1-1- �.. OWNER _ wm x ___ —__— emo F M EU -E_ GR 97- ooW. VER®xe LANEa,x d� CIVIL ENGINEER APLANNER v S -,—sxa o SURVEYOR u ..� Ecox xoNN—@MBN Cox I r'V IIS i - i i 1 rIm /�•-� T r r IrJ a _ II eo.w.l m IA II IOrq % Tw �, r I - r I \-___— r xmwmw �_ _ ____s vw w�e -- •� - "s omm'E 3 _ __ _ T VICINITY MAP SHEET INDEX C5 --RAIDDOMEITC-1-1-1- C CAPITAL z Z w W j ao O Z Wp wee Z y 05 z _� p O 00 W m3F:5 p? DIX Q —ID _ O- = i fn Lu of W tL = Z } lL J F 7 COVER SHEET co.0 �.. OWNER wm cfcEs E emo F M EU -E_ GR 97- ooW. VER®xe LANEa,x d� CIVIL ENGINEER APLANNER v S -,—sxa o SURVEYOR u ..� Ecox xoNN—@MBN Cox C CAPITAL z Z w W j ao O Z Wp wee Z y 05 z _� p O 00 W m3F:5 p? DIX Q —ID _ O- = i fn Lu of W tL = Z } lL J F 7 COVER SHEET co.0 1 ,SS'bE ,85'K .85'bz .85'bZ 85'62 .00'0£ Pn X86'45 on 85'bZ 29.59 �5'iZ8 �85'bZ .BS'ti ory .EO'S£ r----- ---__ ----- ---- — ----- ------- --- --T--- --- -- ----- ----- ---__— ------1i ----- ----- ------ ----- ------- �- — I - _-- ___ I gg0 5 ,SS'bE ,85'K .85'bz .85'bZ 85'62 .00'0£ Pn X86'45 on 85'bZ 29.59 �5'iZ8 �85'bZ .BS'ti ory .EO'S£ r----- ---__ ----- ---- — ----- ------- --- --T--- --- -- ----- ----- ---__— ------1i ----- ----- ------ ----- ------- �- — I - _-- ___ I . o > I I 8 _ _I § § § § --- ____--_i -------- e 0 I I & __---_ T_ BS'bE e .85'bZ e ,85'62 .85'bZ AS'K .w" on .10' S on .85'K Pn .8S'6Z SS'K ,8SW pry .5vz s ,00 I Notice of Operations and Maintenance Agreement Private Stormwaw Mesagemmt and Treennenl Syamm TbouvdemiRd ownw(s), is hereby g van notice that stormwater rmroff 6om the "Property" described below Requhce alormwata omit nmt fadlitice to be loans, designed, and accentuated in cooglience with the City .£Springfield's Eugincerdng Design ard[ ,cdureaM al. Said faailitice shall be opmWd and ,is, nd W e.,d.. with the Opentims and Maine. Agreement(O&M Agreement) on file wgh the City of Springfield, Development and Public Warks ta�emrevt. 161h48.+.fx (Property, ownermmlanc) xkmwledgce mdaBwsro meintam Private 6larmweM trceceent WciGtice Gerd in Ibis docwnent The main(amrma with Use City ofS rfmi aid. heed iv this wUl boo m regdrdas pert of the Development Agre�mtwith ted City ofSp scent w. Tn the nitiry will beofthe Ci m fSprinemd iv awodmce with the re anisnta stated Wthis M.sud.tandinthe latestediticvofihe CYtyof Spsin . Engineering Design .SYandaMs madl'mcedure+Afmsud, Chapter 3. The Cityresxves>be rightmm[m andwa f aW amrmwmer facility lowed on Ae "Property"m ansae the fedvies are opem[ivg asd®goad. Failure oftha raspovabla petty quality ofat and maivmin the fadlitice """ reeWl W m dveree impactor tla public atcemweter sysmm and the qualityofreceiving wetem. Then quirenrerd m c rete and maintain the slmmwatertreannent facilities W necordance with the eppmvd site development agreement mA Poe site 0&M Agremrent Va binding on all cannot and Runge owners ofthe pmpedy. The Agmmnmtm iMO&MPI=maybamodi6dmderwrittencometdownowoerewith written eppmval by aM rafdme with We City. The D&M AgeameW vel O&.M Plae forfmNfie wnehuctd putmentto this catmasse, available W the Developmeadand Public Works Departau=4 225 Fifth S4 Springfield Oregon, orcatl (541)-731*3753, between the bona ofg a.m. and 3 R m, Monday through Friday. The Subjectprernim,islegdydesanbdaefollows:(T=lounnmbereannw&wdmdex &Mepmpery. Tzgul devwtynoaa maybe obuawdjmm de mrmsy a+mamrY oAiasA SEE EXIDa1T'A' ATri[®�as'!D Mn nKOPPoRAT® X11@1 nY n8P8nnNC& Ry signing below, the sigvm accepts and agmen m the Ma adconditime c ndaivd in the Opetedons and Maivtenavice Plan and in my docurvente attached, This inabument is intended to be binding upon We patie hereto, their heirs, suuceao., and manages. (� ^ f l � ' In Wimem whereco of, the des ignd bas executed than ivantun¢W on (his lyday of j20 1/ 1 0�. 77�� Smrei�7 //_- /{CPa 11 <'•'T i✓(!lr/mA✓ei- FC�:'i'Ac s. i°NJ� PriWName.lou C</J.r - At V. -- STATEOFOREGON, CountyofEmy j 11Thiyinatmrnmtas adat, ]dedrpefore ma on I f) J G 1 I 201�-,A by M ICL _ —t (._..��- ,owner(s)oftbc shove described premise: OT is lwlnlmw( as aalnm u�-4 of L C.+II p R nm(s)ofthe above described prerWece. � (� n U LI oLD.L"3 Nomry Public for mo ,Vk. bmmiaaion Fixpirss 01t = STAhi�OCKAaROldMRETURN TO: CITYOF SPRINGFIELD %, N! DEVELOPMENT g PUBLIC WORKB DEW. M FI"H 6T. SPRINGFIELD,OREGON W47I Appendix 3A-1 eaminvn Page 1 of 1 EDSP Adopted Decemba 03, 2012 Operations and Maintenance Agreement Private Stormwater Management and Treatment System Land Development Application Number: cue Numbar. e11-1a000g17-7vP2 Owner's Name: NnimtW Numemymcemmi ten Phone No.: 641.741-1707 Mailing Address:1210 oak Pe need City Eagan Stara ore9an Zipg7402 Site Address: Bkmsen •a• Sheat -W n• snutcaet-firm Piece _- Citye x17 State Oregon Zip 9701 Site Map and Tax lot No.: Tunap 17-0 14 Imeamiams. 3703end3704 (Oratmch dbcunknt with additional let tnfarmanon if MefacWiy sms more Man oro W) Type of Facility(ias) MultWamPy lbuen9 Requirements 1) Stotmwater Management Site Plan, (rain. 8 1/2" z l l" attached to this foram) showing the location of the facility(ies) in relation to building structures or other permanent monuments on the site, soumes of runoff entering the facility(ies), and where steanwater will be discharged to after leaving the facility(ies). Landscape and vegetation should be clear on the Plan submitted or submit a separate Landscape Plan document showing vegetation type, location, and quantity (landscape plan). Those can be the same Plans submitted for development review. The smrmwater management facility(ies) shown on the Site Plan are a required condition of development approval for the identified property. The owner of the identified property is required to operate and maintain the fmility(ies) in accordance with the Facility Specific Operation and Maintenance Plap(s) (O&M Phm(s)) attached to this form and on file with the City. The O&M Plan for the facility(ies) will be available at the Development and Public Works Department, 225 5s' Street, Springfield, Oregon between the hours of 8 am. and 5 p.m., Monday through Friday. 2) Financially responsible party (circle one): Property Owner Homeowner Associationo0ther (describe) 3) Party(ies) responsible for maintenance (only if other than owner). Daytime phone no. wt 741 _ 171 Emergency/after-hours contact phone no.341 t ) rn - trw Maintenance Comaet Pariy(ies)Name&.Businms Address: aaeimtb,NumeMroiremnren 1210 oak Pak:h nil. Eugene Ore -n 4) Maintenance practices and schedule for the stormwater facility(ies) are included in the Facility Specific O&M Plan(s) attached On this form and filed with the Development and Public Works Department, City of Springfield. The operation and maintenance practices are based on the version of the City of Eugene's Stormwater Management Manuel in effect at the date of development application, as modified by any plans attached to this document at the time of signing. Application Date: APHI 15,2021 By signing below, Filer accepts and agrees to the terms and conditions contained in the Operations end Maintenance Plans) and in any document executed by Filer and recorded with it. Filer Signature: Doan Carver' _ Print Name: oouglas cane, Appendix 3A-2 nu otawn Page 1 of 1 EDSP Adopted December 03, 2012 Ji a �EF 0 ,(�''1 H� S1N3VIa1J00 NOLLofIf11SNdJ 3tlfll.of1N15YtlaNl All'lIN 9,11(S 1N3VodO13A3(I ONISnOH 3E)TRA N3HOSId O "NVWI1HHOd 1tl118tlH F i 6 •� I It Iit Ali ILI i 3 5 � I F ILII {!� i Ei•I € � ,� �� €If€ It i ill � � 3 "7 I 6 31°� i ' gE� 1 iii EI IIC FII Dill ! I` it a �a® E n.l��listl IE3`5 � aFaI Mail 53e E° iP 1' : I � Fiae E� C HIM III Y II Ill Hill -PP g].Ii iiiii�: �I L y�le : L"F.l Hill N 4F �• 'I — $ t I}f III s i€' rS€ NE If §I �p :€ u � � iip3 Eaa I E�i'F Ipo 4NE!- Wall FEFEE�: I €"?PdI°z r�i �,`a9f9 ILI dl enlIx or E@ g .a7 IS R! lIBF c IE ills, i E°,i ho, Q 'IEM `El :EIIlt � 3tlS: IF tl €3P _ I I b �5 IS§ �'I�f IOIG.r 611@F' INA� ��p� i�fie• �i ii �E ii I � I I Pe � I e 11 L1 i IS Xtvi I pI € ya 9F I ggEN� _E ! !E f •iS I� I �. fi �. q` 8 I tll iSieS I y S SI 9 a°e" p pp ,J Fa`I• Intlp@g HE pa�aiEe9F9�w4 � 9 4 STORMWATER MANAGEMENT FACILITY INSPECTION AND MAINTENANCE LOG Property Address: Ins ection Date: Ins ection Time: Inspected Br. Approximate DatelTime of Last Rainfall: Type of Stormwater Management Facility: Location of Facility on Site (In relation to buildings or other permanent structures): Water levels and observations (Oil sheen, smell, turbidity, etc.): Sediment accumulation and record of sediment removal: Condition of vegetation (Height, survival rates, invasive species present etc.) and record of replacement and management (mowing, weeding, etc.): Condition of physical properties such as inlets, outlets, piping, fences, irrigation facilities, and side slopes. Record damaged items and replacement activities: Presence of insects or vectors. Record control activities: Identify safety hazards present. Record resolution activities: Appendix 3A-3 Page 1 of 1 EDSP Adopted December 03, 2012 Ram Gardens Operations and Maintenance Plan A vegetated Infiltration Basin or rain garden is a vegetated depression created by excavation, berms, or small dams to provide for short-term ponding of surface water until it percolates into the soil. The basin shall infiltrate stonnwater within 24 hours. All facility components and vegetation shall be inspected for proper operations and structural stability, at a minimum, quarterly for the first 2 years from the date of installation, 2 times per year thereafter, and within 48 he= after each major storm event. The facility owner must keep a log, recording all inspection dates, observations, and maintenance activities. The following items shall be inspected and maintained as stated: Basin Inlet shall assure unrestricted stonmwater flow to the vegetated basin. • Sources of erosion shall be identified and controlled when native soil is exposed or erosion channels are present • Inlet shall be cleared when conveyance capacity is plugged. • Rack splash pads shall be replenished to prevent erosion. Embamlmseny Dikes, Berme and Side Slopes retain water in the infiltration basin. • Structural deficiencies shall be connected upon discovery: o Slope: shall be stabilized using appropriate erosion control measures when soil is exposed/ flow channels are forming. o Sources of erosion dar ase shall be identified and controlled. Overflow or Emergency Spillway conveys flow exceeding reservoir capacity to an approved stormwate receiving system. • Overflow shall be cleared when 25% of the conveyance capacity is plugged. • Sources of erosion damage shall be identified and controlled when soil is exposed. • Rocks or other armament shall he replaced when only one laver of rock exists. Filter Media shall allow stormwater to percolate uniformly through the infiltration basin. If water remains 3648 hours after storm, sources of possible clogging shall be identified and corrected. • Basin shall be raked and, if necessary, soil shall be excavated, and cleaned or replaced. • Infiltration area shall be protected from compaction during construction. Sediment/ Basin Debris Management shall prevent loss of infiltration basin volume caused by sedimentation. Gauges located at the opposite ends of the basin shall be maintained to monitor sedimentation. • Sediment and debris exceeding 3 inch in depth shall he removed every 23 years or sooner if performance is affected. Debris and Litter shall be removed to ensure storrmwater infiltration and to prevent clogging of overflow drains and interference with plant growth. • Restricted sources of sediment and debris, such as discarded lawn clippings, shall be identified and .revenmd. Vegetation shall be healthy and dense enough to provide filtering while protecting underlying soils from erosion. • Mulch shall be replenished as needed to ensure healthy plant growth • Vegetation, large shrubs or trees that limit access or interface with basin operation shall be pruned or removed. • Grass shall be mowed to 4"-9" high and grass clippings shall be removed no less than 2 times par year. • Fallen leaves and debris from deciduous plant foliage shall be raked and removed if build up is damaging vegetation. • Nuisance or prohibited vegetation (such as blackberries or English Ivy) shall be removed when discovered. Invasive vegetation contributing up to 25% of vegetation of all species shall be removed. • Dead vegetation shall be removed to maintain less than 10% of area coverage or when infiltration Appendix: 3A-4 Page 15 of 31 EDSP Adopted December 03, 2012 basin function is impaired. Vegetation shall be replaced within 3 months, or immediately if required to control erosion. Spill Prevention measures shall be exercised when handling substances that contaminate atormwater. Releases of polhuants shall be corrected as soon as identified. Training and/or written guidance information for operating and maintaining vegetated infiltration basins shall be provided to all property owners and lemons. A copy of the O&M Plan shall be provided to all ,ro wrt, owners and tenants. Access to the infiltration basin shall be safe and efficient. Egress and ingress routes shag be maintained to design standards. Roadways shall be maintained to accommodate size and weight of vehicles, if applicable. • Obstacles preventing maintenance personnel and/or equipment access to the infiltration basin shall be removed. • (navel or Eround cover shall be added if erosion occurs, e.g., due to vehicular or Ivelestriau traffic. Insects and Rodents shall not be harbored in the infiltration basin. Pest control measures shall be taken when insects/rodents are found to be present. • If a complaint is received or an inspection reveals that a starmwater facility is significantly infested with mosquitoes or other vectors, the property owner/nwnem or their designee may be required to eliminate the infestation at the City inspector's discretion. Control of the infestation shall be attempted by using fast non -chemical methods and secondly, only those chemical methods specifically approved by the City's inspector. Acceptable methods include but are not limited to the following. L Installation of predacious bird or bat nesting boxes. ii. Alterations of pond water levels approximately every four days in order to disrupt mosquito larval development cycles. iii. Smokingponds and other permanent water facilities with fish or other predatory species. iv. If non -chemical methods have proved unsuccessful, contact the City inspector prior to use of chemical methods such as the mosquito larvicides Bacillus thmengensis vat, ismoliensis or other approved larvicides. These materials may only be used with City inspector approval if evidence can be provided that these materials will not migrate offsite or enter the public stormwater system. Chemical larvicides shall be applied by a licensed individual of centractor. • Holes in the ground located in and around the infiltration basin shall be filled. If used at this site, the following will be applicable: Fences shall be maintained to preserve their functionality and appearance. • Collapsed fences shall be restored term upright position. • Jagged edces and damaged fences shall be repaired orreplaced. Appendix 3A4 Page 16 of 31 EDSP Adopted December 03, 2012 AV tt::DC:G 'OpRWeH11114aia33]NtlN31NIbW ONtl SNO11btl3N(jdfJ ..b yf�r1' ddn anyl Rse. :9UBGn31n A1!'Jmy.m Wtl LLIIGfi $eWlOSRO - enue!Itlwo0 epo0 ao9 peme!Aan CpyOgy Deeds and Repprda my.m AYTER RECORDING RETURN TO. pc N/16/TAT r .A 1/am,n,"Y or' Cf'N/x /4,0 D.9KPq XN 6-v.6Awt ort s7vaZ $87.00 01783562201000013960010011 01/11/2019 01:13:01 PM RPR -NT Cnt-1 Stne15 CASHIER O6 $5.00 610.00 $11.00 $61.00 Phce labs! RemNang Nem Notice of Operation seed Maintenance Plan Themdwsigowmletail, SmnUrigivenmutethem ncese-tmmHI— imperviousnsshod, mnmmlW'hthe peodsecesWobw below ofUiions's ate msmg®mtssetst eabsmegd Aell mdcamM sysd in bs"i he win The LSty sfEugeve's Stamwz+e Mevsence HMama a mds] he heopwatW end maintained u aamNanmvmM1 the "Opee6ma and MainHvance Wm" mbeplaceq m filewiN dm Ltityof&gece. am efe aces e tmdem said PIM fare!! mnu, conditions, prorisime and pmuculma thereof which are hereby incorpmeaa by coleuses as Amgb (nay set Pond hemiv. The regwreuem to apemen sena maimnmthis fan iity in a e oNma with the on-fle Opemums & Mains. Plm is MMing on all concent and fummao,h. of the ,o on y, ID Opesdam & Maivtmane Plan may he maEiaed nodes nothey oaesmtof new awmn with wrinen uppmvsl by and m -filing with the tiry. The Operation, & MaimerMore Phm for foo line instil rvnM pimmvt ne this notice ere avolable H the Eugene Nbbc Wada Deptmenh lrcaed at 1820 Raomveb. Eugem, Oregon, hetwem dm bows of o snd5 pm., Manday rbmugh Friday. Cyl (591)682-0800. See anscbed Exhibit A fe further holecon otic. mvmmning the Operation and Mainrcnmce Plm. Themai-going opeetinrul, nane and 5nmcial rerym,ibibUr a the atmmwau boUirytiep shall beNe e w a tiny of (check on').e O Homeowne', AamaaHm rb1 ptppettY none, A.., Q Othettde,cndv� The Subjem penst., is legally dacribs, ss fvllone: m+se aoa twat aawxm m am lyM a so 1p} 1, Oregon $IIdS Su6A ibdiur51on,135 P1akA bpecordPd Au9w5F 22, 70f+, Qo4fltlor+ u 2014-632.61ZI, fineQoyn+t� 41eNa if 12emrda, ,n kine Ctnrdty Or , This malmmmt is wteMed to be Inteing upm We pmtiea hetet, them heiM sucmmm, and onAps, `'�Iyy-�W�i�tn�caa�whereo[MetmdetaignM haz exaub]thia wa'pumeotwthia iL7�'tlayM Owner(s). Simam2 � __ Pnntname �a+{L,,, T cpR✓C� <eq Nqq i/rr mF d•R�r r v RT�re;'ir of ca[rvsR LgyL fy°,wrrlY STATE OF OR600N, CauvtY ^flare. av: Tltils irn nsaumt waz ackvowlWged before me lNe &'of�gvyv 0.r 2dO�bY_ CJ._.,fv$ Ccs.. -11 .Owvafsl'.r�Ne ' ebavedeudbwpwidms. 'Aerixf pe GCT�TggC <p✓� OFFICMLSfAMP Y am JO CMH.SOH N Pnbdn isorgen NOfNiYPUWC-OPFAON EOMMIISIDN NOfayeode MycoMMWsloxowlaEaduwm,a>az .Ivl�l �3 aoaa MYcnmw4rim Pap"vev Detailed written statement describing how this annexation request is consistent withal] applicable criteria of Section 9.7825 of the Eugene Code. 9.7825 (1) The property to be annexed is within the city's urban growth boundary 9.7825 (1) b—The property to be annexed is separated only by the public right of way existing for Gilham road. 9.7825 (2) -The proposed annexation is consistent with the applicable policies in the Metro Plan. 9.7825 (3) -the proposed annexation will meet the minimum level of key urban facilities and services, as defined in the Metro Plan(Chapter V, item 24) specifically: wastewater service is provided directly in front of the property under the pavement of Crimson Avenue, Stormwater service is provide through the regulations the city of Eugene requires regarding rain gardens and other storm water retention regulations. Transportation is available as there are paved roads on two sides of the property. Solid waste management is available through private companies. Water service is available and currently serving the property. Fire and emergency medical services are available. Police protection from the City of Eugene would be available once the property is annexed. City wide parks and recreation programs are available through the city of Eugene. Electric Service is currently provided to the property. Land use controls- the property is currently subjected to zoning. Communication facilities- phone service is available. Public schools -the property is currently served by Gilham elementary school, Cal young middle school, and Sheldon high school. October 8, 2018 Drew Larson, Planner City of Springfield 225 5th Street Springfield, Oregon 97477 188 Wert B Street, Bldg. N Springfield, OR 97477-4500 (541)746-9621 FAX (541) 746-4109 Re: Habitat for Humanity Major Re -Plat Fischer Village Cluster Development, Springfield, Oregon Re -Plat of Redfern Dear Drew: Matthew J. Cox Patrick S- Melendy Key Hyde -Patton Alex E. GavniBdis Matthew L. Dahlstrom Joseph J. Leahy, Or Counsel In conformance with your request, please find enclosing draft Bylaws of Fischer Village Homeowner's Association and draft of Declaration of Covenants, Conditions and Restrictions for Lots 1-12, Fischer Village Subdivision. Please refer to Article II, Section 9 of the Bylaws "Common Area" and Article IX where I have incorporated your suggested language. Please also note that I have included in Article IX of the Bylaws a requirement that there should be no amendment of the Common Area requirements without City of Springfield approval. With respect to the CC&R's, please note in Section 5 where I have included your suggested language with respect to maintenance of the Common Area and again also included the requirement that no amendment or change should occur to this section without sign -off by the City of Springfield. See also Section 2 regarding the Home Owner's Association authority in the common area and Section 9 regarding Easements. If you have any other suggestions or proposed revisions, please let me know. Thank you for your attention to this matter. As I told you on the phone, I will probably be making changes in other sections of the Bylaws and CC&R's in consultation with Habitat for Humanity of Central Lane. However, I will not be making any changes to the Common Area maintenance requirements without informing you. Thank you for your anticipated courtesy and cooperation. Sincerely, LEAHY COX, LLP Joseph J. Leahy JJL:deb Enclosures After Recording Return to: ** DRAFT COPY — FOR REVIEW PURPOSES ** DECLARATION OF COVENANTS, CONDITIONS AND RESTRI FOR LOTS 1-12, FISCHER VILLAGE SUBDIVISION THIS DECLARATION is made this _ day of , 2018, by Habitat for Humanity of Central Lane, an Oregon Non -Profit Corporation, hereinafter referred to as "Declarant," whose business address is 1210 Oak Patch Road, Eugene, Oregon 97402. RECITALS: 1. Declarant is the owner of certain real property in the City of Springfield, County of Lane State of Oregon, more particularly described as Lots 1 - 12, Fischer Village, as platted ark recorded . Fischer Village Subdivision consists of 6 duplexes (12 units on 12 indMdual lots). 2. Declarant desires to provide for the preservation and enhancement of the property values, desirability, amenities and attractiveness of the Properties and improvements thereon and to provide for their maintenance. To that end, Declarant desires to subject the Properties to the covenants, conditions, restrictions, easements, and liens hereinafter set forth, each and all of which is and are for the benefit of the Properties and each Owner thereof. 3. Declarant hereby declares that all of the Properties described above, together with the improvements now existing or to be constructed thereon, shall be held, sold, conveyed, hypothecated, encumbered, used, occupied, and improved subject to the following covenants, conditions, restrictions, easements and liens which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Properties. These covenants, conditions, restrictions, easements and liens shall run with the Properties and be binding on all parties having or acquiring any right, title or interest In the Properties or any part thereof, their heirs, successors, devisees, grantees and assigns and shall Inure to the benefit of, be Imposed upon and pass to the successor in interest of each and all of said Lots as a servitude in favor of and enforceable by Declarant, its successors and assigns, and the Owner or Owners of any Lot. 4. Declarant seeks to create affordable homes for qualified homebuyers in an environment of hope and dignity for all persons residing within the Properties subject to this Declaration. The qualifications for initial ownership of these homes Include economic need and participating in a minimum number of hours of service on Declarants projects as specified Page 1 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS by the rules of the Declarant Qualifications for subsequent ownership of these homes may or may not include economic need or hours of service, as determined by the Declarant and any funding requirements agreed to by the Declarant. S. Declarant intends to construct SIX (6) affordable tandem residential structures with a total of TWELVE (12) Living Units upon the property subject to this Declaration. 6. It is contemplated and intended that individual Units within a single structure shall be sold to and held by different qualified owners as defined In Declarant's rules. 7. Declarant desires to provide for the preservation of the values and amenities in the described development and for the maintenance of common facilities and elements shared by Unit Owners. DECLARATIONS: 1. Definitions. When used herein, the following terms shall have the following meanings: 1.1 "Association" shall mean and refer to Fischer Village Homeowners Association, an Oregon non-profit corporation organized under the laws of the State of Oregon, its successors and assigns. 1.2 "Owner" shall mean the record holder of fee simple title or the holder of equitable title under a Land Sale Contract of any Unit, including the Declarant with respect to any unsold Unit Every Owner shall be treated for all purposes as a single person for each Unit held, irrespective of whether such ownership Is joint, in common, or as tenancy by the entirety. 1.3 "Propertles" shall mean and refer to that certain real property hereinbefore described in Recital 1 hereof, and such addli thereto as may hereafter be brought within the jurisdiction of the Association. 1.4 "Common Area" shall mean all real property and appurtenances thereto, including, but not limited to, parking, streets, associated utilities, driveway areas, landscaping, stormwater, rain garden landscaping, trees, shrubs, grass, walks, paths, retaining walls, lights and signs, now or hereafter owned by the Association for the common use and enjoyment of the Owners and all Common Areas subsequently annexed thereto. The Common Area to be deeded and owned by the Association is designated "Common Area" on the subdivision plat of said Properties and any Supplemental Declaration, as platted and recorded at Official Records of Lane County, Oregon. 1.5 "Lot" shall mean and refer to any separately designated plot of land gown upon any recorded subdivision map of said Properties with the exception of the Common Area(s). 1.6 "Improved Lot" shall mean with completed Living Unit thereon. Page 2 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1.7 "Living Unit" shall mean any portion of any structure Intended for use, occupancy or ownership as residence by one family together with attached or detached garage as the case may be, and patios, deck, entry porches and steps appurtenant thereto. 1.8 "Declarant" shall mean and refer to Habitat for Humanity of Central Lane, an Oregon non-profit corporation, Its successors and assigns, if such successors or assigns should acquire unimproved Lots from the Declarant for the purpose of development. 1.9 "Street" shall mean and refer to the Improved private access streets and roads shown upon any recorded subdivision plat of said Properties. 1.10 "Member" shall mean and refer to every person or entity who holds membership In the Assodation. 1.11 "Institutional Holder of a First Mortgage" shall mean a holder of a first mortgage, trust deed or equivalent security interest in a Lot or Improvements thereto, if such holder Is a bank or savings and loan association or established mortgage company, or any other entity chartered under any Federal or State agency. 1.12 Unit" shall mean the residential dwelling Unit and the parcel on which that Unit Is located, together with all other improvements now or hereafter located on that parcel. 2. Proyertv Rights. 2.1 Owner's Easements of Environment. Every Owner shall have aright and easement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 2.1.1 The right of the Association in accordance with Its Articles and By Laws, to borrow money for the purpose of maintaining and improving the Common Areas, to mortgage said Common Areas for such purposes, and the rights of any mortgagee In said Properties shall be subordinate to the rights of the Homeowners hereunder; 2.1.2 The right of the Association to promulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of such property during certain times, and reasonable regulations and restrictions respecting, but not being limited to, parking, speed and pets; and 2.1.3 The right of the Association to dedicate or transfer all or any part of the Common Area to any pubbc agency, authordy or utility for such purposes and sub7'ect to such conditions as may be agreed to oy the Members. No such dedication or transfer shall be effective unless Q)) an instrument agreeing to such dedication or transfer signed by TWO- THIRDS (2/3) of Flembers of the Association has been recorded and (ii) except as to the grant of easements for utilities and similar or related purposes, ail holders of first mortgage ens on any of the Lots or improvements thereto have approved such dedication or transfer. Page 3 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3. Membership and Votina Rights. 3.1 General Plan of Development. The Declarant has filed a subdivision plat covering the Properties which is and shall be subject to this Declaration consisting of Lots 1 through 12 of Fischer Village Subdivision, as platted and recorded in Slide ., File _ , Reception No. , Official Records of Lane County, Oregon, together with areas designated as Common Areas or open space. The Lots within the purview of this Declaration are Lots 1 through 12, together with the Common Areas. 3.2 Recorded Ownership. Every person or entity who is a record Owner of a fee or undivided fee interest In any Lot which is subject by covenants of record to assessment by the Association, Including contract sellers, shall be a proprietary Member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot or Improved Lot, which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate when such ownership shall terminate or be transferred. 3.3 Voting. Each member Is entitled to one vote for each Lot owned with respect to all matters on which Owners are entitled to vote. In the event of multiple owners of the same Lot, the vote applicable to the Lot shall only be cast If the multiple owners unanimously agree to cast said vote. 4. Maintenance Assessments. 4.1 Creation of the Llen and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot or Improved Lot by acceptance of a deed therefore, whether or not It shall be so expressed in such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: (1) annual or other regular periodic assessments or charges as established by the Association from time to time, (ii) special assessments for capital improvements, and (ill) any other special assessments or charges as hereinafter provided. Such assessments shall be established and collected as hereinafter provided. The annual, regular, and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessments fell due. The obligation for delinquent assessments shall remain a lien upon the property undl paid or foreclosed and shall be a personal obligation of successors in the tide unless expressly waived by the Association. Page 4 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS At any time that any part of the Common Areas or any other part of said property or any residential Living Unit or building or improvement located thereon is not properly maintained and kept In good order and repair by the Association or otherwise, to the extent reasonably necessary to protect and preserve the appearance and value thereof and the appearance and value of the remainder of said property, then any institutional holder of a first mortgage upon any part of said property or Living Unit or building located thereon, upon giving written notice as hereinafter provided, shall be entitled to exercise the rights of the mortgagor-owner of such property as a Member of the Association for a period of ONE (1) year following the date of such notice. During said period of time, such mortgagees shall be given notice of all regular and special meetings of the Association, the owner-mortgagor shall receive such notice also and may attend such meetings as an observer. Said notice shall quote this paragraph and shall be sent Certified United States Mail, return receipt requested, to the owner-mortgagor, a copy by regular mail to the Association, at the last known address of each. 4.2 Purpose of Assessments. The assessments levied by the Association through Its Board of Directors shall be used exclusively to promote the health, safety and welfare of the Owners In the Properties and in particular for the Improvements and maintenance of the Common Areas and of the Living Units pursuant to this section and Section 5 below. 4.3 Amount of Annual Assessment. Establishment of Reserve Fund. The Board of Directors of the Association shall fix the amount of the annual assessments, and may make adjustments thereto that it deems necessary or appropriate, at a level sufficient to enable it to provide for the improvement, repair, maintenance, replacement, management and insurance of the Properties and to provide for services and facilities devoted to such purposes, and shall Include adequate reserves for the general operation of the Association and for deferred maintenance of the Properties. Said maintenance, repair and replacement is more specifically set forth in Section 5, and shall be for whatever other purpose(s) the Board of Directors may from time to time deem to be in the collective Interest of the Members. 4.4 Special Assessments for Capital Improvements. In addition to annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or easement, including fixtures and personal property related thereto, the maintenance or repair of private streets, and/or repair of the Living Units and other similar special costs. Said assessments shall have the assent of TWO-THIRDS (2/3) of the votes of the Members who are voting in person or by proxy at a meeting duly called for this purpose. This section shall not prohibit the Board of Directors from authorizing capital expenditures for replacement, repairs or improvements from funds generated by regular assessments. 4.5 Notice and Quorum for Any Action Authorized Under Section 4.4 Written notice of any meeting called for the purpose of faking any action authorized under Section 4.4 shall be sent to all Members not less than THIRTY (30) days nor more than SIXTY (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast FIFTY-ONE percent (51%) of all the votes of the membership shall constidrte a quorum. If the required quorum is not present, another meeting may be called Page 5 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS subject to the same notice requirement, and the required quorum at the preceding meeting. No such subsequent meeting shall be held more than SIXTY (60) days following the preceding meeting. 4.6 Reserves. At the time of Initial conveyance of each Lot, each Owner shall pay to the Association, in addition to such other assessments and charges as shall then be due and payable, a reserve in the amount of TWO -TWELFTHS (2/12) of the then established annual assessment The reserve, or such part thereof as required, may be held and applied by the Association as full or partial payment toward such Owner's delinquent assessments and charges. Such application of an Owner's reserve account shall not relieve the Owner or release the land of any obligation for the delinquent assessments or charges. 4.7 Uniform Rate of Assessment The annual or other regular periodic assessments and special assessments must be fixed at a uniform rate called the "Basic Rate," provided, however, that Declarant shall not be obligated to pay any assessments for the Lots which Declarant owns until a home has been constructed thereon and an occupancy permit has been Issued in respect thereto. Thereafter, Declarant shall pay the same assessment for any such Lot as any other Lot Owner. As specified in Section 4.8, said assessments shall be prorated and paid on a monthly basis. 4.8 Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein as the "Basic Rate" shall commence as to all Lots except as noted in Section 4.7 on the first day of the month following the conveyance of the first Lot to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The succeeding annual assessment for all Lots shall be for a full year. The Board of Directors shall fa the amount and send written notice of the annual assessment(s) to each Owner subject thereto. The assessment(s) shall be due on the first day of each month, unless otherwise provided as per Section 4.7 and shall be ONE -TWELFTH (1/12) of the total yearly assessment The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. 4.9 Effect of Non-Pavmen2 W Assessments:. Remedies of the Association. Any assessment not paid within THIRTY (30) days after the due date shall bear interest from the due date at the rate of NINE percent (9%) per annum. The Association may bring an action at law, with respect to liens upon real property, against the Owner personally obligated to pay the same, or foreclose the lien against the property. The secretary of said Association shall file in the office of the Director of Records, County Clerk, or appropriate recorder of conveyances of Lane County, State of Oregon, a statement of the amount of anysuch charges or assessments together with Interest as aforesaid which have become delinquent, and upon payment in full thereof, shall execute and file a proper release of the lien securing the same. The aggregate amount of such assessment, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole residence location with respect to which it Is foxed and on any improvements thereon, from the date the notice of delinquency thereof is filed, until the same has been paid or released as herein provided. The Owner at the time such assessment is Incurred shall also be Page 6 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS liable for any deficiency remaining unpaid after any foreclosure sale, No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his/her Lot. 4.10 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien on any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lien thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. Such unpaid assessment shall be a common expense of all the Lot Owners, including such purchaser or mortgagees, his/her successors or assigns. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 4.11 Exempt Properly. The following property subject to this Declaration shall be exempt from the assessment created herein: (a) all Properties expressly dedicated to and accepted by a Local public authority Including reserved utility easements; and the Common Areas and all other Properties owned by the Association. S. Maintenance of Common Areas. 5.1 The Association shall reasonably maintain or provide for the reasonable maintenance of the Common Areas, including, but not limited associated utilities, parking, streets, driveway areas, landscaping, storm -water, rain garden landscaping, trees, shrubs, grass, walks, paths, retaining walls, lights and signs. Further, the Association shall provide maintenance and repair of all buildings, drains and building sewers which lie in, on or under the Common Areas or Living Unit locations. Except to the extent such damage Is covered by any type of insurance with a waiver of subrogation in favor of such Owner, in the event that the need for any such maintenance, repair or replacement is caused through the willful or negligent act or omission of the Owner, his/her family, tenant, guests or Invitees, the cost of such maintenance or repairs may, in the discretion of the Directors, be added to and become a part of the assessment to which such Lot is subject as a lien, and enforceable in the same manner. Each Owner shall be responsible for maintaining and keeping In good order and repair the Interior of his/her Living Unit and yard and any fences within lot lines. 5.2 This requirement for maintenance of common area shall not be changed or amended without the express written consent of the City of Springfield. 6. Common Maintenance Obligations. The following common maintenance obligations shall benefit and be binding upon the Owner of a parcel as against the Owner of the adjoining parcel of the same Lot, his/her successors and assigns. It is the intent of the Declarant that the common maintenance obligations described hereafter constitute a binding and subsisting covenant and agreement between the Owner of each Unit within a single home/duplex. However, such covenants and obligations shall not be enforceable by an Owner of a Unit against the Owner of another Unit when those Owners do not own Units in the same duplex. It is the purpose of these common maintenance obligations to enforce uniformity of appearance, quality of materials and maintenance within an individual duplex, but not between separate duplexes in the development. Page 7 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The Owners of Units shall have and perform the following common maintenance obligations with respect to the adjoining Units: 6.1 The roof, exterior siding and exterior trim of the Living Units shall be, with such categories, constructed of the same material and be of the same color. The exterior windows shall be of uniform design. 6.2 The exterior of the Living Units shall be painted a uniform color. An accent paint may be used if the entire Living Unit is accented in a consistent manner. No more than THREE (3) exterior paint colors shall be used on a single Living Unit. 6.3 The roof, exterior paint, exterior siding, exterior trim, common fences of the Living Unit shall be maintained in good condition and repair. 6.4 The cost of maintaining such common facilities shall be shared equally by the Owners of the affected Living Units. If such authorized repairs or maintenance are paid for by one of the Living Unit Owners, the other Living Unit Owner shall pay his/her ONE-HALF (1/2) share thereof within TEN (10) days from the date of written demand for payment and presentation of a written accounting of such expenses. Construction, repair or maintenance of common facilities shall be authorized if the affected Living Unit Owners have mutually agreed as follows: 6.4.1 The decision to institute common facility maintenance and repair, and the decision of who shall perform such work, shall be by mutual agreement of the affected Living Unit Owners, subject to the requirement that all Living Units, including the common facilities, be maintained in good condition, repair and overall appearance. 6.4.2 Materials, colors and designs to be used in construction, repair or maintenance of any common facility shall be selected by mutual agreement of the affected Living Unit Owners. 6.5 In the event the affected Living Unit Owners cannot agree as to one or more of such matters involved in common facility construction, repair or maintenance, such matters shall be decided by arbitration utilizing the services and rules of the Arbitration Service of Portland. Such arbitration shall be commenced and held In Lane County, Oregon, and any arbitrator's award may be entered as a judgment in the Lane County Circuit Court 7. Encroachments. If any Mon of a party wall or any other part of a Living but not limbo, roof overhangs, entry porches, decks, steps and constructed by Declarant upon said property encroaches upon ani other than those parts of the Common Areas actually used for sewers, or upon the Lot or Lots used or designated for use by anotl for the encroachment is granted and reserved and shall exist, Declarant and upon all present and future Owners of any part of of the present and future Owners of such encroaching building or or In need of repair or Page 8 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS easements are granted and reserved upon the Common Areas in and upon each Living Unit and Lot for the benefit of the Association and the adjacent Owner or Owners to the extent reasonably necessary or advisable to make repairs and/or replacement; and minor encroachments resulting from any such repairs and/or replacements and the maintenance thereof are hereby granted and reserved for the benefit of the present and future Owners thereof. The easements for encroachment herein granted and reserved shall run with the land. 8. Party Walls. 8.1 General Rules of Law to Apply, Each wall which is built as a part of the original construction of the Living Units upon the Properties and placed on or Immediately adjacent to the dividing line between the Lots owned by different persons shall constitute a party wall, and, to the extent not Inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to the negligence or willful acts of omissions shall apply thereto. 8.2 Sharina o; Reaair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared equally by the Owners whose Lots abut such wall. 8.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other. Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the right of any such Owners to call for larger contributions from the other under any rule of law regarding liability for negligent or willful acts or omissions. The word "use" as referred to herein means ownership of a Living Unit or other structure which Incorporates such wall or any part thereof. 8.4 Weatheroroofina. Notwithstanding any other provisions of this Section, an Owner shall bear the whole cost of furnishing the necessary protection against the elements, In addition to any liability for consequential damages, as a result of his/her family, tenant's, contract purchaser's or other invitees' negligent or willful act which causes the party wall to be exposed to the elements. 8.5 Wight to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the land and shall pass to such Owner's successors in title. 8.6 Insurance. To the extent that any loss, damage or destruction to a party wall and/or the consequences thereof is covered by insurance with waiver of subrogation in favor of such Owner, there shall be no Balm or cause of action for such loss, damage or destruction against such Owner. 9. Easements. All conveyances of land situated in the Properties, made by the Declarant and by all persons daiming by, through, or under the Declarant, shall be subject to the foregoing restrictions, conditions and covenants, whether or not the same be expressed in the instruments of conveyance, and each and every such Instrument of conveyance shall likewise be deemed to Page 9 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS grant and reserve, whether or not the same be declared therein, mutual and reciprocal easements over and across all of the Common Areas of said property for the purposes of traveling by foot or resting or otherwise being therein, and over, under and across all portions of said property (except those portions thereof actually intended to be occupy as, living space in any building now or hereafter located upon said property) and specifically including (without being limited thereto) the interior of party walls, attic crawl spaces and the area below the living space in any Wing Unit, for the purpose of building, constructing and maintaining underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio and television antennae and cables, and other utilities and services now or thereafter commonly supplied by public utilities or municipal corporations and upon all Common Areas for constructing and maintaining thereon streets, driveways, ornaments and statues, lawns, landscaping and planted areas thereon. In the event there is a failure, or a need to adjust, relocate, or alter the electric underground system, the Developer/Owner or any subsequent Owner will be responsible for any and all costs. The property shall be permanently subject to these restrictions. All of said easements shall be for the benefit of all present and future Owners of property subject to the jurisdiction of the Association by recorded covenants and restrictions, recorded as hereinabove provided, and their tenants, contract purchasers and guests. Said easements and rights of use, however, shall not be unrestricted but shall be subject to reasonable rules and regulations governing said right of use, as promulgated from time to time by the Directors of the Association in the infest of searing maximum safe usage of said easements without unduly infringing upon the privacy of the Owner or occupant of any part of said property. An easement over, upon and across all parts of the Properties is granted and reserved to the Association, its successors and assigns. to the extent reasonably required to perform exterior maintenance and to perform other maintenance reasonably necessary or advisable to protect or preserve the value of the Properties and the Living Units thereon. In addition, an easement over, upon and across all parts of the Common Area is reserved by the Declarant, Its successors and assigns who acquire undeveloped Lots for development, or who represent public or private utilities, for the purpose of constructing the project, installing and maintaining utility services or any other requirements needed in the development of the Declarants property. 10. Use Restrictions. All Lots shall be used for residential purposes and no building shall be erected, altered, placed or permitted to remain on any Lot other than a single-family dwelling. No manufactured home or manufactured dwelling shall be permitted on the Properties, and no recreational vehicle may be used as a residence, either temporary or permanent, on any part of the Properties. 10.1 Easements for access, Installation and maintenance of utilities and drainage facilities are reserved and/or dedicated as shown on the recorded plat. 10.2 No structure of a temporary character, trailer, basement, partly finished house, garage, barn or other outbuilding shall be used on any Lot at any time as residence, either temporary or permanent 10.3 Each yard shall be landscaped not more than SD(TY (60) days after occupancy, Page 10 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS except when occupancy occurs after October 1 and before May 1. All yards shall be maintained In a neat, clean condition and grass shall be watered and mowed regularly. 10.4 No Owner shall allow any common law nuisance upon that Owners property nor engage in any use or practice which is the source of annoyance to other residents or which Interferes with the peaceable possession and proper use of other Properties by other residents. Each Unit shall be maintained In good repair and over-all appearance. 10.5 No sign of any kind shall be displayed to the public view on any Lot except ONE (1) professional sign of not more than one square foot, and one sign of not more than five square feet, advertising the property for sale or rent, both of which signs must be located not less than TWENTY feet (200 from the front property line. 10.6 No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot except that a maximum of THREE (3) dogs or THREE (3) cats, or a combination of cat(s) and dog(s) which totals THREE (3) pets, or a total of THREE (3) of any other household pets as defined by City Code may be kept, provided they are not kept, bred or maintained for any commercial purpose, are kept under control, and do not create offensive or objectionable noise or odor. Any outside animal must be contained to a kennel or other enclosure. No accumulation of waste will be allowed on the yard, parking areas, or any Common Area. 10.7 All valid laws, zoning ordinances and building restrictions of all governmental bodies having jurisdiction of the subject property shall be observed and complied with. 10.5 No fence, wall, hedge, shrub or other obstacle shall obstruct the line of vision between THREE feet (3') and FIVE feet (51) vertical, within FIFTEEN feet (15') of the front lot line, except trees which shall be trimmed of foliage not less than FIVE feet (5') above the ground. Foliage on young trees not sufficiently tall to trim shall be excepted. All fences shall comply with City Code. 10.9 Trash, garbage or other waste shall be kept in sanitary containers, emptied at least bi-weekly. All incinerators, garbage cans or other equipment for the storage or disposal of such materials shall be kept In clean and sanitary location. Storage of any goods, chattels, merchandise, material, fuel supplies, or machinery shall be within the walls of the structure or enclosed by tight fences that screen such property from sight. 10.10 Any home business conducted on the property shall be in accordance with qty regulations and code. 10.11 All environmental regulations shall be complied with particularly concerning disposal of motor oil, paints and other hazardous materials. 10.12 Each Owner of a Unit shall maintain, repair, and if needed, replace any perimeter fence within their property line. Page 11 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10.13 With the exception of a lender in possession of a Lot following a default in a first mortgage, foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no Owner shall be permitted to rent or lease his/her Unit. 10.14 Association Directors will have jurisdiction over activities permitted In the Common Areas. All disputes, complaints or matters of change in existing or future use restrictions will be submitted to the Association Directors for arbitration or regulation. 10.15 No party wall shall be altered so as to diminish the fire resistance, sound transmission or structural capabilities of said wall. 10.16 Storage of any kind, Including, but not limited to, goods, chattels, merchandise, material, fuel, supplies or machinery shall be within walls of the Living Unit, or enclosed by tight fences that completely screen it from sight. There shall be no storage of materials of any kind in the parking areas. Storage under units shall be screened from view and kept in a neat and tidy manner. The Board of Directors of the Association or manager may regulate the nature of Items which may be placed In or on windows, decks, patios, and the outside walls that are visible from other tots of the Common Areas, or outside Properties. 10.17 With exception of a lender In possession of a lot following a default in a first mortgage or deed of trust, foreclosure proceeding or any Deed or other arrangement in lieu of foreclosure, no owner shall be permitted to rent or lease his/her Unit 11. Insurance, Damage, Condemnation. 1L1 It shall be the duty of the Board of Directors as Trustee for the Association, In its sDle discretion, to procure and maintain at all times fire and liability Insurance coverage and to pay the premiums for said insurance from the assessments previously referred to in Section 4. The policy(les) (hereinafter referred to as the "policy") is more specifically described below: 11.1.2 The Board mall procure and maintain a policy to insure the Declarant, the Board of Directors, officers, the managing agent, other employees of the}lssociation and the Unit Owners against liability to the public or the Owners (of the Units and of the common elements, and their invitees or tenants) incident to or arising out of the ownership and/or use of the property, or operation of contractors of construction work under a comprehensive general liability farm. There shall be an exclusion from the policy coverage for Living Unit Owners (other than as Member of the Association or Board of Directors) for liability arising out of acts or omissions of such Wing Unit Owners and liability incident to the ownership and/or use of the part of the property as to which such Unit Owner has the exclusive use or occupancy. Limits of liability under such Insurance shall not be less than FIVE HUNDRED THOUSAND dollars ($500,000.00) for ONE (1) person, ONE MILLION dollars ($1,000,000.00) for any ONE accident, and THREE HUNDRED THOUSAND dollars ($300,000.00) for property damage. Said policy shall be Issued on a comprehensive liability basis and shall provide cross liability endorsement wherein the rights of named Insureds under the policy shall not be prejudiced as respells his, her, It or their action against another named insured. Page 12 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11.2 Insurance obtained by the Association shall be governed by the following provisions: 11.2.1 The Association shall assess the cost of such insurance against each Owner, on a pro-rata basis, and such assessment shall be a lien and be collectible and enforceable in the same manner as all assessments provide for herein. 11.2.2 Workers' compensation Insurance to the extent necessary to comply with any applicable laws. 11.2.3 All policies shall be written with the State of Oregon or a company licensed to do business in the State of Oregon and holding a rating of "A" or better by the Best's Insurance Reports current at the time the insurance is written or, prior to the initial meeting of the Association, one acceptable to Declarant and shall contain appropriate waivers of subrogation. 11.2.4 All losses under policies hereafter in force regarding the property shall be settled exclusively with the Board of Directors or its authorized representative; provided, however, that where a first mortgagee has been designated as a loss payee by a Unit Owner, such mortgagee shall be entitled to settle losses as to the mortgaged Unit. L1.2.5 Each Living Unit Owner shall be responsible for obtaining, at his/her expense, insurance covering his/her property not Insured under Section 11.1 above unless the Association agrees otherwise. 11.2.6 The Board shall review not less frequently than annually the adequacy of its insurance program and secure additional Insurance against additional risks as the Board may deem advisable for the protection of the residential Living Unit Owners. The Board's conclusions and actions shall be reported to the Members of the Association. Copies of every policy of Insurance procured by the Board shall be available for inspection by a residential Living Unit Owner (or contract purchaser) at the office of the managing agent. The Board may also procure Insurance against such additional risks as the Board may deem advisable for the protection of the residential Unit Owners. 11.3 Condemnation of Common Area. In the event that all or any portion of the Common Area is appropriated as the result of condemnation or threat thereof, the following rules and guidelines shall apply: 11.3.1 Representation by Association. The Board of Directors of the Association shall have the right and duty to represent each of the Owners for the purpose of negotiating and contesting, if it deems so doing to, be necessary or appropriate, any condemnation award offered by the condemning authority in question and may authorize expenditures and assments to retain adequate counsel or other experts for such purposes 11.3.2 Allocation of Condemnation Award. The Board of Directors of the Association shall allocate and distribute any condemnation award received by It with respect Page 13 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ,., to the Common Area to the Owners in proportion to the diminishment in fair market value incurred by them with respect to their respective Lots and improvements as a result of sold condemnation. 11.3.3 Arbitration. In the event of any controversy arising under this Section, each of the disputing parties shall choose ONE (1) arbitrator and such arbitrators shall choose ONE (1) additional arbitrator. The THREE (3) arbitrators shall resolve the controversy by majority vote and said decision shall be binding upon the disputing parties; provided, any action or decision of the Board of Directors pursuant to this Section shall carry a rebuttable presumption of correctness for purposes of said arbitration proceedings. The disputing parties each shall pay all the fees and expenses of the arbitrator designated each of them and shall pay equally all fees and expenses of the third arbitrator. The disputing parties each shall pay their awn expenses in connection with the arbitration. 11.3.4 Retention of 63icAts. NO provisions of this Section 11.3 shall be construed as negating the right of the individual Owners to such Incidental relief as the law may provide as a result of the condemnation of the Common Area. 11.3.5 Notice to Mortaag . Holders of first mortgages on any Lot and/or the Improvements thereon shall receive timely written notice of any condemnation or eminent domain proceeding affecting the Common Areas or any portion thereof. 12 General Provisions. 12.1 Enforcement. All restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by any proceeding at law or in equity, by Declarant, the Association and the Owner or Owners of any portion of said property and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the property Owners or their legal representatives, heirs, successors or assigns to enforce any of such conditions, restrictions, of charges herein contained shall in no event be deemed a waiver of the right to do so. Upon request, the holders of first mortgages shall be entitled to receive written notice from the Association of any default in the performance by the Lot Owner/mortgagee of any obligation under this Declaration or by the By -Laws of the Association which is not cured within THIRTY (30) days. In the event suit, action, legal proceeding or arbitration Is instituted to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover his/her reasonable attorney fees incurred therein at such arbitration, trial and appeal, with such fees to be determined by the arbitrator or the court In the event of arbitration, the losing party shall also pay the reasonable compensation of any arbitrators therein. 12.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall In no way affect any other provisions which shall remain in full force and effect 12.3 Assignment Any or all rights, powers, and reservations of Declarant herein Page 14 — DECLARATION OF COVENANTS, CONDITIONS AND RFSTRIMONS contained may be assigned to the Association or to any other corporation or association which Is organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned; and upon any such corporation evidencing its Intent in writing to accept such assignment and assume such dudes, It shall, to the extent of such assignment and assume such rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Habitat for Humanity of Central Lane, so long as It owns any interest in any portion of the Properties. 12.3 Amendments. 12.3.1 How Proposed. Amendments to this Declaration shall be proposed by either a majority of the Board of Directors or by Owners holding THIRTY percent (30%) or more of the voting rights. A proposed amendment must be reduced to writing and shall be included in the notice of any meeting at which action is to be taken thereon or attached to any request for consent to the amendment. 12.3.2 Approval Required. Except as may otherwise be provided in this Declaration, any of the covenants and restrictions of this Declaration except for the easements granted above may be amended If such amendment Is approved by SEVENTY-FIVE percent (75%) of the Members of the Association. Any amendment which would limit or diminish any special Dedarant rights established in this Declaration, including the right of the Dedarant to annex additional phases, shall require the written consent of the Dedarant. 12.3.3 Recordation. All amendments shall become effective when reduced to writing, executed by the appropriate Association officers and recorded in the Official Records of Lane County, Oregon. WHEREFORE, this Declaration is executed effective the date first above written. DECLARANT: HABITAT FOR HUMANITY OF CENTRAL LANE, an Oregon Non -Profit Corporation a Title: ** Notary on Following Page ** Page 15 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF OREGON ) ) SS. County of Lane ) Personally appeared, who being duly swom (or affirmed) did say that he/she is the of Habitat for Humanity/Springfield-Eugene, an Oregon non-profit corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of Its board of directors; and he/she acknowledged said instrument to be its voluntary act and deed this day of 2018. Notary Public for Oregon Page 16 — DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ** Draft COPY — For Review Purposes ** BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. ARTICLE I - NAME AND OFFICE SECTION 1. NAME. The name of the Corporation shall be FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. SECTION 2. OFFICE. The principal office of FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. shall be Located In Springfield, Oregon, at such an address as the Board of Directors may from time to time determine. ARTICLE II — DEFINITIONS SECTION 1. "CORPORATION" shall mean and refer to FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC., its successors and assigns. SECTION 2, ^PROPERTIES" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions, and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Corporation. SECTION 3. "RESIDENCE LOCATIONS" The residences in Fischer Village Subdivision consist of 6 duplexes (12 units on 12 individual lots). Residence shall mean and refer to any separately designated lot of land shown upon any Recorded Plat Subdivision of the Fischer Village, with the exception of the Common Area. SECTION 4. "RESIDENCE" shall mean that portion or part of any structure Intended to be occupied by one family as a dwelling, one of the twelve duplex units, together with the patios, porches, or steps annexed thereto. SECTION S. "MEMBER" shall mean and refer to every person or entity who holds Membership in the Association. Page r. - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. SECTION 6. "OWNERS" shall mean and refer to the record Owner, whether one or more persons or entities, of all or any part of said property, including contract purchasers and sellers, but excluding those having such Interest merely as security for the performance of an obligation. SECTION 7. "DECLARANT" shall mean Habitat for Humanity/Springfield-Eugene, an Oregon Non -Profit Corporation, Its successors and assigns. SECTION S. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions for Lots i —12, Fischer Village Subdivision, recorded on Reception No. . in the Official Records of Lane County, Oregon, and all supplements and amendments filed thereafter. SECTION 9. "COMMON AREA" shall mean that area designated as Common Area on the Plat of Fischer Village including, but not limited to associated utilities, parking, streets, driveway areas, landscaping, storm water, rain garden landscaping, trees, shrubs, grass, walldng paths, retaining walls, lights and signs. ARTICLE HI — MEMBERSHIP SECTION 1. MEMBERS. There shall be one class of Members of this Corporation. SECTION 2. ELIGIBILITY FOR MEMBERSHIP. (Very person or entity who Is a record owner of a fee or undivided fee Interest In any Lot which is subject by covenants of record to assessment by the Corporation, Including contract purchasers and sellers, shall be a Member of the Corporation. The foregoing Is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Corporation. Upon sale of all lots by Habitat for Humanity of Central Lane, Habitat for Humanity of Central Lane shall have a special non-voting and non -office holding membership. Said Habitat Member may participate in all Meetings of the Members. The Secretary shall maintain a Membership list. SECTION 3. TERMINATION OF MEMBERSHIP. Any Member may terminate Membership at any time by giving written notice to the Secretary. Such temilnaton shall become effective as of the date of Its receipt by the Secretary. Page 2 - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. A Member who is no longer an Owner of one of the Fischer Village Subdivision shall no longer be a Member, and such MembeYs Membership shall terminate. Termination of Membership shall not relieve an Owner of the obligation to pay such dues and assessments as may be Imposed by the Board of Directors of the Association, so long as the Member or former Member continues to be an Owner of one or more of the Fischer Village Subdivision. ARTICLE IV - MEETINGS OF MEMBERS SECTION 1. ANNUAL MEETING OF MEMBERS. The annual meeting of the members shall be held the second ___ in of each year. SECTION 2. SPECIAL MEETINGS OF THE MEMBERS. A special meeting of the Members may be called at any time by order of, (1) the Chairperson, or (2) the Board of Directors, or (3) by not less than three (3) Members, by filing with the Secretary a petition signed by the Members and which sets forth the date on which such special meeting shall be held and the general nature of the business to be transacted at such meeting; the petition must be filed not less than SEVEN m days before the date specified in such petition for the calling of such special meeting. SECTION 3. NOTICE OF MEETINGS OF THE MEMBERS. Written or printed notice of each meeting, annual or special, of the Members shall be given not less than SEVEN (7) nor more than THIRTY (30) days before the day on which such meeting Is to be held, by posting a copy of the notice in a conspicuous place at the principal office of FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC, and by personal (including handbills and newsletters) or mail delivery. The notice shall state the place, day, and hour of the meeting, and It shall state the nature of the business to be transacted and by whose request the meeting was called. Notice may also be given by personal or telephone notification by the Secretary. When a special meeting is called by petition signed by THREE (3) Members and unless the Board of Directors agrees to make the Corporation responsible, those Members must give the notice required by this section. Such a special meeting must be held within Lane County. SECTION 4. QUORUM. At least 51% of the Members must be present at a membership meeting to constitute a quorum for the transaction of business. In the absence of a quorum, a majority of the Members present at the meeting may, by resolution, adjourn the meeting for a period not exceeding THIRTY (30) days. SECTION S. VOTING. Members include all Owners of Lots Including Declarant and each Member is entitled to one vote for each Lot owned with respect to all matters on which Owners Page 3 - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC- ,., are entitled to vote. In the event of multiple owners of the same Lot, the vote applicable to the Lot shall only be cast if the multiple owners unanimously agree to cast said vote. For purposes of voting at membership meetings only, the membership list shall be closed THIRTY (30) days prior to the meeting. At each meeting of the Members, all matters shall be decided by the aff rmatNe vote of the majority of the lots present at such meeting, except those matters otherwise expressly regulated by statute or by another specific section of these Bylaws. ARTICLE V - BOARD OF DIRECTORS SECTION 1. POWERS. The activities, affairs, and property of the Corporation shall be managed, directed, and controlled, and Its powers exercised by and vested in the Board of Directors. SECTION 2. NUMBER OF DIRECTORS. The Board of Directors shall consist of three Directors. SECTION 3. QUALIFICATIONS OF DIRECTORS. The initial Board of Directors shall be affiliated with Declarant and shall be selected by the Declarant until the lwmcver" meeting. The "turnover^ meeting shall be held no later than as mandated by ORS 94.609, but may, In the discretion of the Board of Directions, be held sooner. SECTION 4. SELECTION OF DIRECTORS. Directors shall be initially selected by the Declarant and by the Members at, and after, the turnover meeting. Directors shall serve for a ONE (1) year term and may be reelected for additional terms. SECTION S. VACANCIES. The Declarant may fill any vacancy on the Board. A Director thus elected shall serve for the unexpired term of the predecessor or of the position created. Membership shall be notified of any change in the fixed number of Board members and of the positions filled. Any Director who is no longer a member or who misses THREE (3) consecutive Board meetings without excuse satisfactory to the Board, shall be deemed to have vacated his or her position. SECTION 6. RESIGNATION. Any Director may resign at any time by delivering a written resignation to the Chairperson or the Secretary. The acceptance of any resignation shall not be necessary to make it effective. SECTION 7. ANNUAL MEETING. The annual meeting of the Board of Directors for the election of officers and for the transaction of such other business as may be properly cane before Page 4 - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC It, shall be held, without further notice, Immediately following the adjoumment of the annual meeting of the Membership. Except when in executive session, the annual meeting of the Board of Directors shall be open to the attendance of Members and the public. SECTION 8. REGULAR AND SPECIAL MEETINGS. Regular meetings of the Board of Directors shall be held at a time, date, and place selected by the Board of Directors. Additional (special) meetings shall be held at any time when called by order of the Chairperson of the Board or by 2 or more of the Directors. All meetings of the Board, except when. in executive session, shall be open to the attendance of the Members and the public. SECTION 9. MINUTES OF THE MEETINGS. Records of all meetings of the Board of Directors and any committees shall be taken and be made available to the Membership. SECTION 10. VOTING. At all meetings of the Board of Directors, the vote of a majority of the Directors shall be determinative. ARTICLE VI — OFFICERS SECTION 1. TITLES AND QUALIFICATIONS. The officers of the corporation shall be the chairperson, a vice -chairperson and a secretary/treasurer. Officers may, but need not be directors. SECTION 2. ELECTION AND TERM OF OFFICE. Each Officer shall be elected or appointed by the Board of Directors at Its annual meeting. New offices may be created and filled at any meeting of the Board of Directors. Each such Officer shall hold office until the dose of the election of Officers at the annual meeting of the Board of Directors next held after his or her election or appointment, and thereafter until his or her successor shall have been elected or appointed and shall qualify, or until his or her death, resignation, or removal. Officers may not serve consecutive terms in the same office or serve in the same office for more than THREE (3) ONE (1) year terms. SECTION 3. RESIGNATIONS. Any officer may resign at any time by delivering a written resignation to the chairperson or the Secretary. The acceptance of any such resignation, unless required by the terms thereof, shall not be necessary to make it effective. SECTION 4. REMOVAL. Any officer may be removed at any time, either for or without cause, by a vote of a majority of Directors then in office at a regular or special meeting, the notice of which shall have spedfled the proposed removal. Page 5 - BYLAWS OF FLSCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. SECTION S. VACANCIES. Any vacancy In an office may be filled for the unexpired portion of the term by the Board of Directors. ARTICLE VII - POWERS OF THE CORPORATION SECTION 1. Exercise all of the powers and privileges and to perform all of the duties and obligations of the Corporation as set forth in the Declaration of Covenants, Conditions, and Restrictions for Lots 1 — 12, Fischer Village Subdivision, hereinafter called the Declaration, applicable to the property and'reoorded or to be amended from time to time as therein provided, said Declaration being incorporated herein as If set forth at length. SECTION 2. Fbc levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Corporation, Including all licenses, taxes, or governmental charges levied or Imposed against the property of the Corporation. SECTION 3. Acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or personal property in connection with the affairs of the Corporation. SECTION 4. With the assent of TWO-THIRDS (2/3) of the Lots borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of Its real or personal property as security for money borrowed or debts Inured. SECTION S. Dedicate, sell, or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an Instrument has been signed by TWO-THIRDS (2/3) of the Lots, agreeing to such dedication, sale or transfer. SECTION 6. Partidpate in mergers and consolidations with other Associations or non- profit corporation organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation, or annexation shall have the assent of TWO-THIRDS (2/3) of the Lots. SECTION 7. No provision required in these Bylaws by the City of Springfield In connection with Subdivision Plat Approval shall be changed without the consent of the City. Page 6 - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. ARTICLE VIII — ASSESSMENTS As more fully provided in the Dedaration, each Member is obligated to pay to the Corporation, annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent If the assessment is not paid within THIRTY (30) days after the due date, the assessment shall bear Interest from the date of delinquency at the rate of EIGHT percent (8%) per annum, and the Corporation may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment No owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the Common Area or abandonment of his or her Lot The Association shall reasonably maintain or provide for the reasonable maintenance of the Common Areas, including, but not limited to associated utilities, parking, streets, driveway areas, landscaping, storm -water, rain garden landscaping, trees, shrubs, grass, walks, paths, retaining walls, lights and signs. Further, the Association shall provide maintenance and repair of all buildings, drains and building sewers which lie in, on or under the Common Areas or Living Unit locations. Except to the extent such damage is covered by any type of Insurance with a waiver of subrogation In favor of such Owner, in the event that the need for any such maintenance, repair or replacement is caused through the willful or negligent act or omission of the Owner, his/her family, tenant, guests or invitees, the cost of such maintenance or repairs may, in the discretion of the Directors, be added to and become a part of the assessment to which such Lot is subject as a lien, and enforceable In the same manner. Each Owner shall be responsible for maintaining and keeping in good order and repair the interior of his/her Living Unit and yard and any fences within lot lines. This requirement for maintenance of common area shall not be changed or amended without the express written consent of the City of Springfield. ARTICLE X - GENERAL PROVISIONS SECTION 1. RECORDS. Officers of the Corporation shall make available for inspection at reasonable times to any Member of the Corporation and to the Board of Directors, all official records of the Corporation for which they are responsible. Upon leaving office, each officer shall tum over to his or her successor in good order such monies, books, records, documents, and Page 7 - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. other property of the Corporation as have been in his or her wady during his or her term of office. SECTION 2. DEPOSIT OF FUNDS. All funds of the Corporation not otherwise employed shall be deposited in such banks, trust companies, or other reliable depositories as the Board of Directors from time to time may determine. Said Habitat Member shall receive notices of all meetings and may participate in discussions in all meetings of the member. SECTION 3. CHECKS. All checks, drafts, endorsements, notes, and evidence of Indebtedness of the Corporation, and all endorsements for deposits to the credit of the Corporation, shall be signed by an officer or agent of the Corporation and in such a manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer and muntersigned by another officer. SECTION 4. LOANS. No loans or advances shall be contracted on behalf of the Corporation, and no note or other evidence of indebtedness shall be issued in its name, unless and except as authorized by the Board of Directors. Any such authorization may be general or confined to specific Instances, and may include authorization to pledge, as security for loans or advances so authorized, any and all securities and other real or personal property at any time held by the Corporation. SECTION 5. CONTRACTS. The chairperson, or any other officer or director specifically authorized by the Board of Directors, may, in the name of and on behalf of the Corporation, enter into those contracts or execute and deliver those Instruments that are specifically authorized by the Board of Directors. Without the express and specific authorization of the Board of Directors, no officer or other agent of the Corporation may enter Into any contract or execute and deliver any Instrument in the name of and on behalf of the Corporation. SECTION 6. COMPENSATION OF AND LOANS TO DIRECTORS AND OFFICERS. The Directors shall serve as such without salary, but the Board of Directors may authorize the payment by the Corporation of the reasonable expenses incurred by the Directors in the performance of their dudes. No loans shall be made by the Corporation to any Director or Officer. Except as provided in this section, no Director or Officer stall revive, directly or indirectly, any salary, compensation, or gift from the Corporation. SECTION 7. CONTRACTS WITH DIRECTORS OR OFFICERS. No Directors or Officers shall be Interested, directly or indirectly, in any contract or transaction relating to the operations conducted by it, nor in any contract for fumishing services or supplies to it, unless (a) such Page a - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. contract shall be authorized by a majority of Directors present and voting at a meeting at which the presence of such Director is not necessary to constitute a quorum and the vote of such Director is not necessary for such authorization, and (b) the fact and nature of such interest shall have been fully disclosed to the members of the Board of Directors present at the meeting at which such contract Is so authorized. SECTION S. AMENDMENT OF BYLAWS. Except as otherwise provided herein, these Bylaws may be amended or repealed, and new Bylaws may be enacbed by majority vote of all of the Directors. Members may amend the Bylaws, or change or repeal amendment of these Bylaws by the Board of Directors. Such action shall be by a vote of a majority of those members present at a meeting of the Members duly called for that purpose. No bylaw may be amended, by directors or members, unless at a meeting for which written notice was given at least SEVEN (n days in advance, which notice shall describe the Intended amendment. SECTION 9. ACTION BY MEMBERS OR DIRECTORS WITHOUT A MEETING. Any action which is required by law or these Bylaws to be taken at a meeting of the Members or Directors, may be taken without such a meeting if consent in writing, setting forth the action taken, Is signed by all of the Members or Directors, either before or after the action. SECTION 10. WAIVER OF NOTICE. Whenever any notice Is required to be given to a Director or Member, written waiver signed by the person entitled to such notice shall be equivalent to giving such notice, whether signed before or after the action described in the notice. Attendance by a Director or Member at any meeting shall also constitute a waiver of notice of such meeting, unless the person. attends for the sole purpose of protesting the meeting and the lack of correct notice and the person announces that purpose. SECTION 11. TIME OF NOTICE. Written notice, if mailed, shall be deemed to have been delivered when deposited in the United States Mail, with postage fully prepaid, addressed to the Member or Director at the most recent address known to the Secretary. SECTION 12. INDEMNIFICATION AND INSURANCE. A. Should any person be sued because he or she was ailing as a Director, Officer, Member, employee, or agent of FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC., the Corporation shall have the power to indemnify that person for all reasonable expenses, including Page 9 - BYLAWS OF FISCHFR VILLAGE HOMEOWNERS ASSOQATION, INC attorney fees, Incurred In connection with the lawsuit, In the manner provided and upon the conditions stated In ORS 61.205. B.. The Corporation shall have the power to purchase and maintain insurance on behalf of arty person who is or was a Director, Officer, Member, employee, or agent of the Corporation, against any liability asserted against that person because of his or her capacity or status with the Corporation. I, Kellie DeVore, do hereby certify that I am the duly elected and acting Executive Director of Executive Director of Habitat for Humanity and Declarant FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC., an Oregon Non-profit Corporation, and that the foregoing Bylaws, consisting of 10 pages, constitute the Bylaws of FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. as duly adopted in a meeting of the Board of Directors of the Corporation on the _ day of October, 2018. HABITAT FOR HUMANITY OF CENTRAL LANE Kellie Devore, Executive Director SUBSCRIBED AND SWORN BEFORE me by Kellie Devore, Executive Director, Habitat for Humanity of Cental Linn this _ day of 2018. NOTARY PUBLIC FOR OREGON Page io - BYLAWS OF FISCHER VILLAGE HOMEOWNERS ASSOCIATION, INC. DECLARATION OF RESTRICTIVE COVENANTS CITY OF SPRINGFIELD DEVELOPMENT CODE SECTION 2.1-1358. & C. FOR NON-PROFIT AFFORDABLE HOUSING PROVIDER ,, `� THIS DECLARATION OF RESTRICTIVE CONVENANTS ("Declaration"), dated November u a . 2018, by Habitat for Humanity of Central Lane and its successors and assigns an Oregon non-profit corporation, ("Owner"), is given as a condition precedent to the waiving of certain City of Springfield development fees by the City of Springfield, a municipal corporation of the State of Oregon ("City") together with any successor to its rights, duties and obligations, in consideration for the provision of affordable housing pursuant to Springfield Development Code, Section 2.1-135B & C. RECITALS: WHEREAS, Owner Is or shall be the owner of a horsing development located of land within the City of Springfield, Oregon, County of Lane, more particularly described and set forth In Exhibit A attached hereto and incorporated herein by reference (the "Project'; WHEREAS, Owner is proposing to construct 12 single family units for low Income families, on the real property more particularly described and set forth in Exhibit A; WHEREAS, the real property more particularly described and set forth In Exhibit A are currently described as Map 17-03-26-14, Tax Lots 3701-3704, lying west of 11" Place and between Q and R Streets that will receive new addresses when the new units are constructed; WHEREAS, Springfield Development Code, Section 2.1-135C.1. provides for a waiver from Springfield development fees for non-profd affordable housing providers subject to the conditions and requirements therein, including a requirement that the ower enter into a contractual agreement withthe City for a five-year period of affordability to assure compliance with the stated in o t e protect; WHEREAS, Springfield Development Code, Section 2.1-135C.1.a.i. defines affordable housing to include rental housing for households with Incomes below 60 percent of the area median income, as determined by the Federal Housing and Urban Development income limits in effect at the time of submittal of a fee waiver application; WHEREAS, Owner has submitted an application for a fee waiver from City of Springfield, Development Code fees including, but not limited to, Major Replat Tentative Plan and Major Replat Plat, and other planning fees associated with this development; and WHEREAS, In order to qualify for waiver of the development fees as specified in Springfield Development Code, Section 2.1-1358 & C., Owner hereby agrees as follows: DECLARATIONS: Declaration of Restrictive Covenants Paget of 5 NOW, THEREFORE, in consideration of the Recitals set forth above which are expressly made a part of this Declaration and in consideration of the promises and covenants hereinafter set forth and other valuable consideration including, but not limited to, the waiver. of Springfield development few as provided herein, the parties agree and the Owner declares in favor of the MY as follows: 1. Owner qualifies as a non-profit corporation under Section 50110(3) of the Internal Revenue Code. 2. The Owner intends, declares, and covenants, on behalf of Itself and all future owners and operators of the Project and successors and assigns, during the term of this Declaration, that this Declaration and the covenants and restrictions set forth in this Declaration regulating and restricting the use, occupancy and transfer of the Project (1) shall be and are covenants running with the Project, including the land thereof, encumbering the Project for the berm of this Declaration, binding upon the Owner's sucoassors in title and all subsequent owners and operators of the Project; (ii) are not merely personal covenants of the Owner; and (iii) shall bind the Owner (and the benefits shall inure to the qty and any past, present or prospective tenant of the Project) and its respective successors and assigns during the term of this Declaration. The Owner hereby agrees that any and all requirements of the laws of the state of Oregon to be satisfied in order for the provisions of this Declaration to cpnstit ite deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements of privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the Project for the term of this Declaration. The covenants contained herein shall survive and be effective regardless of whether such contract, deed, or other instrument hereafter executed conveying the Project or porton thereof provides that such conveyance is subject to this Declaration. 3. The Owner will, at time that this Declaration commences, have good and martrembie title to the premises constituting the Project free and dear of any lien or encumbrance (subject to encumbrances created pursuant to this Declaration, any loan documents relating to the Project, or any other permitted encumbrance). 4. The Project constitutes or will constitute a 12 single family units for low Income families on the real property more particularly described and set forth in Exhibit A Within the tern of this Duration, 12 units within the Project shall be sold or made available only to members of the general public whose annual adjusted incomes are less than 60. percent of the area median Income as determined by the Federal Housing and Urban Development (HUD) income limits In effect at the time of execution of this document. 5. This Declaration shall commence Immediately upon recordation and the Owner and its successors and assigns shall comply with all terms and conditions herein, including restrictive covenants and equitable servitudes created hereby, not later than the first day in the Project period on which any building which is part of the project is placed In serviceshall Declaration, including including the restrictive covenants and equitable servitudes created hereby, s full force and effect until the date five years following first occupancy of the Project. Declaration of Restrictive Covenants Page 2 of 5 6. The Owner agrees to permit, during normal business hours and upon reasonable notice, any duly authorized representative of the City, to inspect any books and records of the Owner regarding the Project with respect to the Incomes of the home owners which pertain to compliance with the occupancy restrictions spedfied In this Declaration and the requirements under SDC 2.1-135C.1. 7. Upon request of the City, the Owner will provide documentation that the housing meets appropriate standards regarding household Income, ownership and number of units. R. Owner represents, warrants, and agrees that each unit In the Project contains complete Facilities for living, sleeping, eating, cooking and sanitation which are to be used on other than a transient basis and that they will remain continuously habitable for the term of this Diaration. 9. The Owner shall not demolish any part of the Project, substantially subtract from any real or personal property of the project, or permit use of any residential unit for any purpose other than housing consistent with the provisions of this Declaration during the term of this Declaration unless required by law or unless the City has given its prior written consent. 10. The Owner represents;.warrdits, and agrees that if tie -Project, or any part thereof, shall be damaged, destroyed;.cwidemned, or acquired for public -use, theOwria:wlll use Ijs best efforts, subject to the rights of any mortgagee, to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance With the terns of this Declaration. 11. The Owner warrants that It hasnotand will not execute any other Declaration with provisions contradictory to, or in opposition to, the provisions herein, and that in any event, the requirements of this Declaration are paramount and controlling as to the rights and obligations herein set forth and supersede any requirements in conflict herewith. 12. The City retains authority to waive or release any covenants, servitudes, or other rights or interests established under this Declaration (in whole or in part) at Its sole discretion, notwithstanding any tights or interests of owners or other third -parties established hereby, all of which am subordinate to the rights and interests of the City established hereunder. 13. Third -party beneficiaries under this Declaration shall have no claim, cause of arson, or other right of recourse against the City with respect to any action or lack of action taken by the City with respect to this Declaration, the waiver of fees, the Projekt, or arising from their rights under this Declaration or otherwise. 14. This Declaration may be enforced by the City or its designee in the event the Owner fails to satisfy any of the requirements herein. In addition, the occupancy restrictions of this Declaration shall be deemed a contract enforceable by one or more owners as third -party beneficiaries of this Declaration. If either Owner or the City of Springfield brings an action regarding or to enforce this Agreement, or if a third -party beneficiary of this Declaration brings an action against the Owner to enforce the occupancy restrictions of this Declaration, the prevalfing party in such action shall be entitled to recover Its attorneys' fees and court costs, at arbitration, trial, and on appeal. Declaration of Restrictive Covenants Page 3 of 5 15. In the event that the Owner fails to comply with the occupancy restrictions of this Declaration, the Owner or Its successor or assigns shall pay to the City the waived development fees from which the Owner or prior owner was exempt. 16. This Agreement shall be recorded by the City of Springfield in the real property records of lane County, Oregon. 17. The invalidity of any clause, part, or provision of this Declaration shall not affect the validity of the remaining portions thereof. HABITAT FOR HUMANITY OF CENTRAL LANE: M N 11 A Page 4 of s Declaration of Restrictive Covenants i M N 11 A Page 4 of s Declaration of Restrictive Covenants STATE OF OREGON ) ss. County of Lane ) Personally appeared the above named �Ou Ib.�S 5 Carye.✓ as C'e..w»,hb„ en%F-dV1n u A„rJ for `ab. t for Humanity of Central Lane and ,i& acknowledged the foregoing instrument to be his/her voluntary act and deed on this day of November, 2018. / Notary for Oregon My Commission Expires: 10(3 1] 1 STATE OF OREGON ) ss. County of lane ) Personally appeared the above named A'V'IAw J� L -4,1S0 n - as la.v. v�-r _. for the city of Springfield and 4dmowledged the forgoing instrument to be his/her voluntary act and deed on this Q;6 day of November, 2018. No 'ublic for Orego My Commission Expires: o 31. 2oZ/ i—--OFFlMIAL STAAP u KATNNA ANDEkmON PUBLIGOREOON OONAgSS10N NO. 96 M 31.2 YY CONtlI8810N D@YEa OCTUAEa il. ffi1 Declaration of Restrictive Covenants Page 5 of 5 A I �gm i>;OM 2_�GY[i'OI e'e nn, '' MGL - .SNA. - 8 RYL. 9L .... T— 4 ' [. . - siYz snr ^^^ ° - ��• ..orw ssrox uroz sS6L Ms[ .' $PaEF€`€RTy5gqS �4 1 � _> 'n �rw E p Lwt a.tiuw.rsl 9 'vr I 'giT I I Sol Habitat 1210Oak ,hRoad Eugene, OR97402402 Phone: 543-7-741-1707 for Humanity® Fax: 541-741-6743 Of Cc" We CCB# 196367 Ocwber3l°', 2018 Since its founding, Habitat for Humanity of Central Lane (formerly Springfield/Eugene Habitat for Humanity) has bulk over 40 affordable houses In Springfield. Our goal is to serve the community by making homes available to working families that make less than 60% of the median Income for this area. This affiliate of Habitat is a non-profit 501(c)(3) (EIN #93-1015598) with history of making affordable housing available to the community.. Our mortgage structure is such that Habitat has the rlgi first refusal In the event that any Habitat homeowner dwoses to leave the house they are in. The City of Springfield's willingness to waive any fees will help us develop the four lots between. "CC and "8" Streets into new homes for 12 deserving families. Thank you for your consideration, Doug Carver Construction Project Manager 706.612.3929 Habimt for Humanity of Central Lane 1210 Oak Parch Road Engam, Oregon 97402 Phone:(541)741-17D7 dmrccarva@habnadaneore www.babiwdl .ore Building Homes, Building Hope. Building houses In partnership with Gods people In need. �Ity of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Fee Waiver Non -Profit Affordable Housing Providers ..wwermn Revised 11/!0/09 mem 103 Applicant Name:. ilabkha44r k ` 1 a+�. ane, Phone: - i'il • i 6 Z Company:Fax 41 Z'tl .'14. Address: Lia k 114,02- AppliCantris Rep.. I)Dui %rvev- Phone: 1• 41 • 1101 Company: 1�rle- Fax: 541 • 41 • U 145 Address: 1110 SV_ .. Property ner: M, Phone• • - 41 nr Fax: 4' 41 Com an :xd'1 i31 Address. D. Oak` �4rk ASSESSOR'S MAP NO: 'TAX LOT NO S.:5'10I 02 Ob 5104 Pnoperty, Address: Fee Waiver: Applicable land use application fees for affordable housing may be waived by the Director in order to encourage the construction of affordable housing. Affordable housing as defined below shall be either newly constructed rental or home ownership units. Land Use Application Case No. Affordable housing category that applies to the project: ❑ Rental for households with Incomes below 60% of the area median income (AMI), as determined by the Department of Housing and Urban Development (HUD) income limits in effect at the time of submittal; or ❑ Home ownership housing sold to households with incomes below 80% of area median income (AMI), as determined by the Department of Housing and Urban Development (HUD) income limits in effect at the time of submittal. The undersigned acknowledges that the Information included with this application Is carted aM a urate. Applicant: / Signature Print: Nug J. carUct- Date: Ib I31 i $ Revised 11/!0/09 mem 103 Fee Waiver Process 1. Applicant Submits a Fee Waiver Application to the Development & Public Works Department The application must conform to the Fee Walver Submittal Requirements Checklist on page 3 of this application packet. Planning Division staff screen the submittal at the front counter to determine whether all required Items listed in the Fee Waiver Submittal Requirements Checklist have been submitted. Applications missing required items will not be accepted for submittal 2. City Staff Conduct Detailed Completeness Check • Planning Division staff conducts a detailed completeness check of the submittal. • The assigned Planner notifies the applicant In the event that submittal requirements are missing or unclear. • An application is not deemed technically complete until all information necessary to evaluate the request and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes. • Incomplete applications, as well as insufficient or unclear data, will delay the review process and may result In denial. 3. City Staff Review the Application & Signs Agreement • The assigned Planner notifies the applicant In writing regarding the decision to grant the waiver or not; If the waiver is granted, the City and the applicant sign a contractual agreement to ensure compliance with the stated intent of the project. Revls d 11/10/09 mem 2 of 3 Fee Waiver Submittal Requirements Checklist NOTE: If you feel an .item does not apply, please state the reason why and attach the explanation to this form. ❑ Submitted Prior to Associated Land Use Applications - the Planning Division must approve the waiver and sign the contractual agreement before any associated land use \ application can be accepted for submittal. Y❑ Fee Waiver Application Form ❑ Proof of Registered Non -Profit Status ❑ Adequate Documentation of the Following: ❑ That the proposed housing units meet appropriate standards regarding household Income, rent levels, sales price, location, and number of units; ❑ For rental housing, that the units shall remain exclusively available to low- income households at affordable rents during the required period of affordability; I: For home ownership housing, that the units shall be sold exclusively to low- income households at an affordable sales price. Also, that If a unit is resold within the required period of affordability, such housing shall only be sold to another low-income household at an affordable sales price; ❑ That if, within the required period of affordability, the use of the property is no longer for low-income housing, the owner shall pay the waived development fees from which the owner or any prior owner was exempt; and Revised 11/10/09 mem 3 of 3 T' INNNN��IMINN��B�N� STATUS OF RECORD TITLE REPORT SUPPLEMENTAL HABITAT FOR HUMANITY Date: MAY 10, 2018 ATTN: DON GRIFFIN Our No: CT -0301846 1210 OAR PATCH RD Your No: R ST 5 Q ST EUGENE, OR 97402 As requested, Cascade Title Co. has searched our tract indices as to the fallowing described real property: Lots 1, 2, 3 and 4, RED FERN, as platted and recorded in File 75, Slides 289 and 290, Lane County Oregon Plat Records, in Lane County, Oregon. and as of: MAY 10, 2018 at 8:00 A.M., we find the following: Veatee: HABITAT FOR HUMANITY/SPRINGFIELD-EUGENE, an Oregon Non -Profit Corporation, as to Lots 1, 2 and 3, and HABITAT FOR HUMANITY SPRINGFIELD/EUGENE, as to Lot -4 Said property is subject to the following on record matters: 1. Taxes, including the current fiscal year, not assessed due to Charitable Property Exemption. If the exempt status is terminated under the statute prior to the date on which the assessment roll becomes the tax roll in the year in which said taxes were assessed, additional taxes may be levied. (Lot 4) 2. Easement and Reservation of an undivided 1/2 of the oil, gas and other hydrocarbons and minerals, including the terms and provisions thereof, in deed from The Union Central Life Insurance Company, recorded June 27, 1944, Reception No. B269 P651, Lane County Oregon Deed Records. 3. Covenants, conditions, restrictions and easements, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) in Declaration recorded February 6, 1945, Reception No. 13282 P538, Lane County Oregon Deed Records. 4. Right of way, including the terms and provisions thereof, granted City of Eugene, recorded August 2, 1926, Reception 8150 P150, Lane County Oregon Deed Records, and assigned to Pacific Power n Light by instrument recorded May 7, 1965, Reception No. 1965-002458, Lane County Oregon Deed Records. MAIN OFFICE FLORENCE OFFICE 811 WILLAMETTE ST. VILLAGE PLAZA OFFICE EUGENE, OREGON 715 HWY 101 • FLORENCE, OREGON 97439 4750 VILLAGE PLAZA LCOPSUITE 100 (5 401 MAILING: PO BOX 508 • FLORENCE, OREGON 97439 41)485-0307 PH: (541)997-8417"FAX: (541997$246 EUGENE, OREGON541)B 44-10 &MAIL: INFOl1CA5 4DETDIE E-MAIL: ELORENCEACASCADETITLE COM E-MAIL: (VILLAGEPLAZAIAICASCAEUTLP PH: (541)68]-2233•PAX: (5COM . 'Order No. 0301846 "rage 2 S. Easement, including the terms and provisions thereof, granted the City of Springfield, recorded June 21, 1971, Reception No. 1971-055842, Lane County Official Records. 6. Public Utility Easement, including the terms and provisions thereof, granted the City Of Springfield, by instrument recorded October 16, 1978, Reception No. 1978- 069472, Lane County Official Records. 7. Easements, notes, conditions and restrictions shown, set forth, and/or delineated on the recorded Plat of Red Fern, recorded in Reception No. F075 S289, Lane County Oregon Plat Records. S. Declaration of Easements Regarding Ingress and Egress, Parking, Drainage, Sanitary Sewer and Open Space for Red Fern, including the terms and provisions thereof, recorded December 12, 1995, Reception No. 1995-071005, Lane County Official Records. 9. Notice of Intent to Preserve Mineral Rights, including the terms and provisions thereof, recorded December 20, 2002, Reception No. 2002-099258, Lane County Deeds and Records. NOTE: Taxes, Account No. 1555836, Assessor's Map No. 17 03 26 1 4, #3701, Code 19-00, 2017-2018, in the amount of $255.13, PAID IN FULL. Taxes, Account No. 1555844, Assessor's Map No. 17 03 26 1 4, #3702, Code 19-00, 2017-2018, in the amount of $255.13, PAID IN FULL. Taxes, Account No. 1555851, Assessor's Map No. 17 03 26 1 4, #3703, Code 19-00, 2017-2018, in the amount of $277.73, PAID IN FULL. Taxes, Account No. 1555869, Assessor's Map No. 17 03 26 1 4, #3704, Code 19-00, 2017-2018, in the amount of $0.00, EXEMPT. (Charitable Property) NOTE: This report is being supplemented to update the taxes. This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to .the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: ec: Title Officer: KURT EEATY Fidelity National Title of Oregon PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein Fidelity National Title of Oregon hereby reports that it is prepared to issue, or cause to be issued, as of the specified date, a policy or policies of title insurance describing the land and the estate or interest hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage of said policy or policies are set forth in Exhibit A. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitratedat the option of either the Company or the Insured as the exclusive remedy of the parties. Copies of the policy fors should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National The Insurance Company, alan California corporation. Please read the exceptions shown or referred to herein and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The Exceptions and Exclusions are meant to provide you with notice of makers which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This preliminary report is for the exclusive use of the parties to the contemplated transaction, and the Company does not have any liability to any third parties nor any liability until the full premium is paid and a policy is issued. Until all necessary documents are placed of record, the Company reserves the right to amend or supplement this preliminary report. Countersigned FOOR0211Aw -'I Fidelity National Title of Oregon 800 Willamette Street, Suite 500, Eugene, OR 97401 (541)683-5422 FAX (541)683-5437 PRELIMINARY REPORT ESCROW OFFICER: Chiquit McCloskey ORDER NO.: 4612024343-FTEUG01 TITLE OFFICER: Patty Smith TO: Fidelity National Title of Oregon 800 Willamette Street, Suite 500 Eugene, OR 97401 OWNER/SELLER: OMC LLC BUYER/BORROW ER: SIE Habitat for Humanity PROPERTY ADDRESS: 3lots 17-03-26-14-03701, 03702,03703 Springfield, Oregon 97477 EFFECTIVE DATE: May 15, 2012, 08:00 AM 1. THE POLICY AND ENDORSEMENTS TO BE ISSUED AND THE RELATED CHARGES ARE: AMOUNT PREMIUM Owners Standard t5hort Term Rate) 54,500.00 $23600 Govemmental Service Fee $ 45.00 2. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 3. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: OMC LLC, an Oregon Limited Liability Company 4. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF SPRINGFIELD IN THE COUNTY OF LANE, STATE OF OREGON, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE"!A'T/TACHED HER NO MADE A PART HEREOF i FDOR0212,r PRELIMINARY REPORT (Continued) Order No.: 4612024343-FTEUGOI EXHIBIT "ONE" ( Lots 1, 2 and 3, RED FERN SUBDIVISION, as platted and recorded in File 75, Slides 289 and 290, Lane County Oregon Plat Rewr s, in Lane County, Oregon. FDORo212.N Order No.: 4612024343-FTEUG01 AS OF THE DATE OF THIS REPORT, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS GENERAL EXCEPTION : 1. Taxes sessments which are not shown as existing liens by the records of any taxing authority that levi taxes or assessments on real property or by the Public Records; proceedings by a public agency ch may result in taxes or assessments, or notices of such proceedings, whether or not shown by the r cords of such agency or by the Public Records. 2. Facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the Public Records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The tern "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 5. Any lien for services, labor or material heretofore or hereafter furnished, or for contributions due to the State of Oregon for unemployment compensation or worker's compensation, imposed by law and not shown by the Public Records. SPECIFIC ITEMS AND EXCEPTIONS: City Liens, if any, in favor of the City of Springfield. None found as of May 15, 2012. 7. Rights of the public and governmental agencies in and to any portion of said land lying within the boundaries of streets, roads, and highways. 8. ny interest in any oil, gas and/or minerals, as disclosed by document Entitled: Deed Recording Date: June 27, 1944 Recording No: Book 269, Page 651 /// The present ownership or any other matters affecting said oil, gas and/or minerals are not shown herein. 1 Easement(s) for the purposes) shown below and rights incidental thereto as reserved in a document; Reserved by: The Union Central Life Insurance Company Purpose: Ingress and egress Recording Date: June 27,1944 Recording No: Book 269, Page 651 FDOR0300.rdw Order No.: 4612024343-FTEUG01 b10. C venants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not li lied to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, b210. handicap, national origin, ancestry, source of income, gender, gender identity,. gender expression, medical condition or genetic information, as set forth in applicable stale or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: February 7, 1945 _ - Recording No: Book 282, Paage 538 11. Matters contained in that certain document Entitled, Declaration of Easements Regarding Ingress and Egress, Parking, Drainage, Sanitary Sewer and Open Space for Red Fem Recording Date: December 12, 1995 Recording No: 95-71005 Reference is hereby made to said document for full particulars. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Reference is made to said document for full particulars Affects: Reference is made to said document for full particulars 13 stnctions, but omitting restrictions, if any, based upon race, color; religion, sex, sexual orientation, milial status, marital status, disability., handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said restriction is permitted by applicable law, as shown on that certain plat Name of Plat: Red Fern Subdivision Recording No: File 75, Slides 289 and 290 1 A copy of the terms and provisions of the operating agreement for the limited liability company set forth below should be fumished for our examination prior to closing. Any conveyance or encumbrance of said company's property must be executed by all of the members unless otherwise provided for in the operating agreement. In addition, if there have been any changes in membership from the date of original creation of the limited liability company to the present date, copies of approval of withdrawal and/or acceptance of such member should be furnished for our examination. - Limited Liability Company: OMC LLC 5. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have nowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. END OF EXCEPTIONS NOTES: FDOR0390 rdw Order No.: 4612024343-FTEUGOI A. Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year. 2011-2012 Amount: $206.96 Levy Code: 01900 Account No.: 1555836 Map No.: 17-026-14-03701 (Land Only) ," Prior to close of escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. B. Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2011-2012 Amount: $206.96 Levy Code: 01900 Account No,: 1555844 Map No.: 17-03-26-14-03702 (Land Only) Prior to close f escrow, please contact the Tax Collectors Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies, C. Note: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2011-2012 Amount $225.29 Levy Code: 01900 Account No.: 1555851 Map No.: 17-03-26-14-0,793 (Land Only) Prior to close of escrow, please contact the Tax Collector's Office to confine all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. D. Note: There are no matters against the party(ies) shown below which would appear as exceptions to coverage in a title insurance product: Parties: S/E Habitat for Humanity E. Note: In the event title to said Land is acquired by the party(s) named below, the policy(s), when issued, will show the following additional item(s) in Schedule B, unless disposed of to the satisfaction of the Company: Party(s): WE Habitat for Humanity FDOR0390.rdw Order No.: 4612024343-FTEUG01 Before issuing its policy of title insurance, the Company will require evidence, satisfactory to the Company, that the vestee corporation named herein a) was duly incorporated on or before the date title was acquired by the said corporation; b) is now in good standing and authorized to do business in the state or country where the said corporation was formed; and C) has complied with the doing business lam of the State of SIE Habitat for Humanity. F. NOTICE REGARDING RECORDING CHARGES: The basis for collection for recoding charges in a closing differs between those transactions subject to and those not subject to the Real Estate Settlement Procedures Act(RESPA) For a RESPA transactor, the recording charge is based on an area average, in accordance with RESPA rules. For a non-RESPA transactor, the recording charges will be those charged by the county. The basis for recording charges is as follows: Recording charge for a RESPA transaction (all transfer and loan documents) for Lane County: RESPA Residential Sale and Purchase $158.00 RESPA Residential Loan/Refinance $131.00 Recording charge (per document) for a non-RESPA transaction (such as an all cash sales and purchase, a commercial loan or a commercial sale and purchase) : COUNTY FIRST PAGE EACH ADDITIONAL PAGE Lane $42.00 $5.00 "NOTE A multiple transaction document bears an additional $5.00 charge for each additional transaction. A document that fails to conform to certain formatting and page one requirements bears an additional $20.00 charge RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE G. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. H. NOTE: In addition to the standard policy exceptions, the exceptions enumerated above shall appear on the final 2006 ALTA policy unless removed prior to issuance. For many real estate transactions, Federal law requires that a settlement statement show the allocation of title insurance charges between title insurer and title insurance agent. For the transaction that is the subject of this report, the allocation is as follows: Fidelity National Title Company of Oregon (agent): 88 Fidelity National Title Insurance Company (insurer): 12 FDORMMMw Order No.: 4612024343-.FTEUGOI J. IMPORTANT NOTICE TO TRANSFEROR(S) REGARDING WITHHOLDING TAX: Effective January 1, 2008, Oregon law (ORS 314.258) requires closing agents closing a transaction for the transfer of certain Oregon real property interests to: (a) withhold from the transferors proceeds an amount specified by law, and (b) remit the amount withheld to the Oregon Department of Revenue. State mandated forms must be completed by all transferors in order to either: (a) claim or certify an exemption from the requirements of ORS 314.258; or (b) certify the withholding amount due pursuant to ORS 314.258. You should consult with your tax or legal advisor in order to complete these forms prior to the closing of your transaction. Failure to timely deliver the appropriate form(s) to your closing agent may delay your closing or increase your withholding amount. We are not legal or tax advisors. Although we may provide you with these forms and provide some assistance in filling out the forms, by law we are unable to advise you on the selection of which form(s) you must complete or the content in the forms. K. YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW AGENT. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third -party service. If the above requirements cannot be met, please call the company at the number provided in this report. FDOR0390.1dw EXHIBIT A 3006 AMERICAN LAND TILE MOCWTON LOAN POLICY (00 1746) 'EXCLUSIONS MOM CWEMGE and to tae o a�amagsmsle almmeyv lee, o emsn a Mdt Career angle Fydueiom throne Dw"Poll6im��s6om cw aremd eMer9tanaaN roversae al EAeneee Co rdage,Iiaeeilw lC, Mm,we 'e P. regi In a sanaaN Cwerege palkyoel aim he use tliefollovvn96ttptions fro. Cave SCHEDULE S- GENERAL EXOEFTIONS FROM COVERAGE Yds WIlry(bes n0t Manor rn,s nst loss Of Mourne (and Ne Companywil not pay mals, ahOmeys' fern or ecpemm) eMCI eine by 2amn at 1. Taxes ormsramenta wlb rera not al— an ee%tlrylleas b,MC rends of 4. Arryavereadmml, mmmmor,violation,vanatiayaretiversetiammalenm anyWing anthem,", bad. reem.'ormameaa on malpm conn byte efrecGng Ore Tale tat would be dlscbeea byan accurate and nmplde lend PUMC Remrdl Pmmedings by a publica,mor Mich may result in Wes or ' bei acharmla of of for Land. T 1.-amoaeeNmw survey, W or nWces of rW pnomedNHs, wM1eNet or Nor ehown by the a 0n, Immanent iwa@d m Me Land oda alloying bond and mnand, odsof stroll agenry or by Me Public Remold. momebrommani Ne Lana dread, bmusrtenb bwlea on adplMnH 2 Fetls, nl3Mc,1bIPR51e.OrtlelTeuTitllare 0d6l,Wlnbytl6Puhlk RenidchN and. wMm mrM M eareadmed by an inspection com, Land orb,,—kir,,anouryol S. Anyeen braervicas.lelurmmaler'vGamlo(omoinareaAerWmi[M1a'I,mfr p ndr,r in pouearanar mmoE mnymym due or Ne stale o Oreton for unerepioymsni mmpannlon or 3. EaremeMs, or claims of easement not shown by Me Pubic Ramm i wwkefa mmpencetian. Imposed bylaaandno ai byte Pubic Remm feed,irforen ar mod,W ns 6r pains or In Ade enamoring tire bauanm Cored, wekrrahb, claims or ilk to wafer. 2006 AMERICAN LAND ME ASSOCIATMN OWNER'S POLICY 10-1746) EXCLUSIONS FROM COVERAGE atWmew Nese, or amen an Nal Fduslans from CweraBpollrebran my to M1om. to. 'm ser Sonarne Covaauge(ollry w9lelan IntluOe Ne an do. Ecmpio wham (merzge' SCHEDULE & GENERAL EXCEPTIONS FROM COVERJGE ITIS pOpry eyes rel insure rr,natlo ., demote (and Me Come, .11 no pay mala. dbmeyi lees oreyen e)Nat arae byre onW I. Taves nr aemssmeMa wM1icM1are ml slwm es evstinH llan¢Fry Hre2mdsd any For, -Hurd, Met Wes Wes or aattssmen6 an mal Popery or by the 4. on, rnamahar.,emornbreme, vblatlon. venumn. materse tlmmiarne Publk Records: praceedngs by a pubfe ageney xf¢h may result In burns or starling the T0@ .1 ..1d be d6cbael by an aaurzb aim mmplele lend mnemonam, or -0—of mdr pm ®wings, v9re01er or not chwm by the urvey of the L... Tha tent 'emmcM1nrmy inWtles eneraadvneiys of rends WsuNagan,o,bylhe PublieRenma. send, tmprwemanar bmUd on He Land ani adjoining and, and 3. Fred,ra,no,onarenta c1munno airier ran not shown by Ye Puabe Ramona bd w;oMmanis ado Me Land of stlaEng irmowmmle beefed an adjoining wkU mYd be ascomined byan inspection Of tel -and or by making inquiry of land. pawns in pwwsairm Mored ri A, Ron five srnv a.learn, or moaned M1marriore or Messily bmdand. or on 3. Easemene, or ckuns d eaemeor, not aMvn by to Pubho Rammc r m ulans due b On Stare of Oregon for unamoraymml mmpanaaim d res Abns orexceyymein MinanGor in Ads aWbormg Meissuanre Heriot, vmrkefs mmnora6on, impmea bylaw and nol show by Ne Pudic Named. vebr arabin. clalms or rate to oerer. Earriblt A(111O)I Effective Date: 5/12008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ('TNF') respect the privacy and security of your non-publie personal information (`Personal Information") and protecting yore Personal Information is one of our top priorities. This Privacy Statement explains FNF'sprivacy practices; including how we use the PersonalInformation we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending an the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources; •_ Information we receive from you an applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Informationwe receive from you through our Internet websites, such as your name, address, email address, Interest Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites, • Information about your transaetions with or services performed by us, our affiliates, or others, such m information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may pmvideyouur Personal InfoDnation (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions withwhichwe havejoint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good fichb, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with ajudicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to abate your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and. other real estate service providers to provide you with services you have requested, fm marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies withour affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties— We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access do Personal Information about you to those employees who need to know that information to provide products or services to you.. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we willafford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed,. and request correction or deletion of your Personal Information. However, FNP's current oolicv is to maintain customers' Po.al Information for no less than Your state's required record retention requirements f the f haralline future coverage claims. For your protection, all requests d de this section must be in writing and must include Your notarized signature to establish your. identity. Where permitted by law, we may charge a reasonable fee to cover the costs inured in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. 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