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HomeMy WebLinkAboutContracts & Agreements_101-2019Recording RequestedBy First American Title HSD WHEN RECORDED MAIL TO KB HOME 36310 Inland Valley Drive Wildomar CA 92595 Attn. Ms Sonia Rodriguez Electronically Recorded in Official Records, County of San Bernardino BOB DUTTON ASSESSOR RECORDER CLERK 490 First American Title -Corona Doc# 2019-0192654 111111111111111111111111111111 6/12/2019 04.09 PM ALS Titles 1 Pages 29 Fees 108 00 Taxes 00 CA SB2 Fee 75 00 Others 00 SPACE ABOVE RESERVED FOR FILING STAMP Paid 183 00 7' 7 Y3 7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE MEADOWS NOTICE A MASTER DISPUTE RESOLUTION DECLARATION FOR THE MEADOWS IS INCORPORATED HEREIN BY REFERENCE AND ALSO BEING RECORDED CONCURRENTLY HEREWITH IN THE OFFICIAL RECORDS. THE MASTER DISPUTE RESOLUTION DECLARATION REQUIRES THAT CERTAIN DISPUTES SHALL BE RESOLVED BY THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES SET FORTH THEREIN INCLUDING MANDATORY BINDING ARBITRATION. THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES DO NOT UTILIZE A JURY AND DO NOT PERMIT CLASS ACTION LAWSUITS. A COPY OF THE MASTER DISPUTE RESOLUTION DECLARATION CAN BE OBTAINED FROM THE COUNTY RECORDER OF SAN BERNARDINO COUNTY SMRH:4831-4495-9127 4 KB / The Meadows CC&Rs 040519 OHDW-272803 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 1 1 1 "Applicable Laws' 1 1.2 `CFD' 1 13 `City' 2 1 4 'City Maintained Areas' 2 15 `Community' 2 1 6 'Community Entitlement Documents 2 1 7 'Conditions of Approval' 2 18 'County" 2 19 'Covenants' 2 1 10 Covered Property' 2 111 'Declarant" 2 112 "Declaration" 2 1 13 "Final Map(s)" 2 1 14 'Governmental Agency(ies)" 2 1 15 "Governmental Requirements" 2 1 16 "Hazardous Materials" 2 1 17 "Homeowners Maintenance Guide" 3 118 "Improvements" 3 119 "Lot" 3 1.20 'Maintenance Obligations" 3 1.21 'Master Dispute Resolution Declaration' 3 1.22 'Official Records" 3 1.23 "Outdoor Improvements' 3 1.24 'Owner' 3 1.25 Private Drainage Easement Areas. 3 1.26 "Residence' 4 1.27 Storm Drain and Water Quality Improvements 4 1.28 Subdivision Map or "Final Map 4 1.29 "Supplementary Declaration" 4 ARTICLE 2 GENERAL PLAN OF DEVELOPMENT AND DECLARANTS RIGHTS 4 2.1 Limitations of Restrictions 4 2.2 Rights of Access and Completion of Construction. 4 2.3 The Covered Property 4 2.4 Rights to Change Size and Appearance of the Property 4 2.5 Marketing Rights 5 2.6 Alterations to Map 5 2.7 Supplementary Declaration 5 2.8 Power of Attorney 5 ARTICLE 3 OWNERSHIP AND EASEMENTS 5 3 1 Ownership 5 3.2 Easements for Encroachments 6 3 3 Easements for Utilities 6 3 4 Easements for Drainage 6 3 5 Easements for Construction, Sales and/or Leasing. 7 3 6 Easements for Common Walls and Fences 7 3 7 City Maintained Areas 7 3 8 Amendment to Eliminate Easements 7 SMRH:4831-4495-9127 4 -I- KB / The Meadows CC&Rs 040519 OHDW-272803 ARTICLE 4 USE RESTRICTIONS 7 4 1 Residential Uses 7 4.2 Prohibited Dwelling Structures 7 4 3 Rental of Lots 7 4 4 Signs 8 4 5 Animals 8 4 6 Window Coverings 8 4 7 Nuisances 8 4 8 Compliance With Applicable Laws 8 4 9 Lot Coverage 8 4 10 Exterior Painting 8 4 11 Repair and Reconstruction 8 4 12 Parking, Vehicular Restrictions and Garages 9 4 13 Temporary Structures 9 4 14 Oil and Mineral Rights 9 4 15 Solar Energy Systems 9 4 16 Antennae and Satellite Dishes 10 417 Trash 10 4 18 Water and Sewer Systems 10 4 19 Unsightly Articles. 10 4.20 Hazardous Materials 10 4.21 Drainage 10 4.22 No Modification of Storm Drain and Water Quality Improvements 11 4.23 Compliance With Requirements Regarding Storm Water Pollution 11 4.24 Water Supply and Water Softener Systems 12 4.25 No Easements for View Purposes, Disclaimer 12 4.26 City Maintained Areas 12 4.27 Notice of Airport in Vicinity 12 4.28 Deed Notice 13 4.29 Exemption of Declarant. 13 ARTICLE 5 MAINTENANCE 13 5 1 Maintenance of Lots 13 5.2 Performance of the Maintenance Obligations By Owner 13 5 3 Installation and Maintenance of Landscaping 13 5 4 Walls and Fences 13 5 5 Drainage 14 ARTICLE 6 ARCHITECTURAL APPROVAL 14 6 1 Architectural Approval 14 6 2 Submittal of Plans 14 6 3 Architectural Approval - Review of Plans 14 6 4 Submittal to City - Right of Declarant to Review Changes 15 6 5 Approval of Governmental Agency 15 6 6 Conflicts Between Governmental Requirements and Declarant's Requirements 15 6 7 Construction of Improvements 15 6 8 Approval Not Waiver Enforcement. 15 6 9 Non -Liability for Approval 15 6 10 Prohibited Actions 16 6 11 Owner Acknowledgement 16 ARTICLE 7 ENFORCEMENT 7 1 Enforcement and Nonwaiver 16 16 SMRH:4831-4495-9127 4 -ll- KB / The Meadows CC&Rs 040519 OHDW-272803 7.2 Disputes Involving Declarant ARTICLE 8 DE -ANNEXATION AND SUPPLEMENTARY DECLARATION 8 1 Right of De -Annexation 8.2 Supplementary Declarations ARTICLE 9 19 CITY REQUIRED PROVISIONS 9 1 Termination or Amendment 9.2 City Enforcement Rights 17 18 18 18 19 19 19 ARTICLE 10 GENERAL PROVISIONS 19 10 1 Constructive Notice and Acceptance 19 10.2 Rights of Lender 19 10 3 Severability 19 10 4 Term 19 10 5 Covenants Running With The Land 19 10 6 Construction 20 10 7 Amendments 20 10 8 Notices 20 10 9 No Racial Restriction 20 10 10 Number Gender 20 1011 Exhibits 20 10 12 Statutory References 20 SMRH:4831-4495-9127 4 -Iii- KB / The Meadows CC&Rs 040519 OHDW-272803 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE MEADOWS THIS DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF THE MEADOWS ("Declaration') is made this WO day of J7. -We, 201__ by KB HOME Coastal Inc. a California corporation (' Declarant") with reference to the facts set forth below RECITALS All initially capitalized terms used but not defined in the Recitals shall have the meanings set forth in Article 1 of this Declaration. A. Property Within The Meadows. Declarant is the Owner of a residential community situated in the City of Redlands, County of San Bernardino State of California known as 'The Meadows ("Community") which consists of the real property more particularly described on Exhibit A attached hereto ("Covered Property' or Property") If developed as planned the Community may consist of approximately one hundred five (105) Lots. B Covenants, Conditions and Restrictions Declarant desires to impose a general plan for the development, protection, use occupancy and enjoyment of the Property and to establish and impose covenants conditions, restrictions and easements upon the Property for the purpose of enforcing, protecting and preserving the value desirability and attractiveness of the Property Declarant intends to convey the Property and any and all portions thereof subject to the covenants, conditions and restrictions set forth herein C Master Dispute Resolution Declaration. A separate Master Dispute Resolution Declaration will be or has been recorded against the Property and will set forth, among other matters, Declarant's binding alternative dispute resolution procedures for the resolution of all Claims by an Owner involving Declarant or a Declarant Party including without limitation Construction Defect Claims. Each Owner is bound by the dispute resolution procedures set forth in the Master Dispute Resolution Declaration NOW THEREFORE, Declarant agrees and declares that it has established, and does hereby establish a plan for the development, protection use maintenance, care occupancy and enjoyment of the Property and has fixed and does hereby fix, the covenants, conditions, restrictions easements, reservations liens and charges (hereinafter collectively referred to as the 'Covenants') upon the Property Each and all of the Covenants are imposed as equitable servitudes upon the Property which shall run with the land and shall inure to the benefit of and be binding upon Declarant, its successors and assigns and all subsequent Owners of all or any portion of the Property together with their grantees and successors in interest to the Property ARTICLE 1 DEFINITIONS 1 1 Applicable Laws" means the entitlements for the Property and any law regulation, rule order or ordinance of any Governmental Agency(ies) having jurisdiction over the Property which are applicable to the Property or any portion thereof now in effect or as hereafter promulgated. 1.2 "CFD" refers to City of Redlands Community Facilities District 2004-1 that will fund maintenance of the City Maintained Areas. SMRH:4831-4495-9127 4 -1- KB / The Meadows CC&Rs 040519 OHDW-272803 1.3 "City" means the City of Redlands, California. 1.4 "City Maintained Areas" means those portions of the Final Map including without limitation portions of certain Residential Lots which will be maintained by the CFD The approximate locations of the City Maintained Areas are depicted on Exhibit B. 1.5 "Community" means all of the Covered Property and Improvements located therein which is included within the community commonly known as 'The Meadows in the City 1 6 "Community Entitlement Documents" means all documents such as the Conditions of Approval as adopted and amended from time to time by the County providing overall approval for the development of the Covered Property 1 7 "Conditions of Approval" means the Conditions of Approval for the Covered Property as adopted by the City 1.8 "County" means the County of San Bernardino California. 1.9 "Covenants" means the covenants conditions restrictions easements reservations, liens and charges set forth in this Declaration. 1 10 "Covered Property" means all the real property described on Exhibit A attached hereto and all Improvements thereon. In the event of the de -annexation of any Covered Property previously subject to this Declaration, the term 'Covered Property" shall not be deemed to include any such de -annexed property 1 11 "Declarant" means KB HOME Coastal Inc. a California corporation, and any person or entity acquiring all or any portion of KB HOME's interest in the Property (including all or any portion of Declarant's rights and obligations as created and established herein) pursuant to written assignments from Declarant which are recorded in the Official Records. A successor Declarant shall also be deemed to include the beneficiary under any deed of trust securing an obligation from a then existing Declarant encumbering all or any portion of the Property which beneficiary has acquired any such Property by foreclosure power of sale or deed in lieu of such foreclosure or sale 1 12 "Declaration" means this Declaration of Covenants, Conditions and Restrictions of The Meadows and all subsequent amendments to this Declaration and any Supplementary Declarations as may be recorded from time to time in the Official Records. 1 13 "Final Map(s)" means the final map(s) covering the Property recorded in the Official Records and any adjustments or corrections thereto. 1 14 "Governmental Agencv(ies)" means any federal state county city local or municipal governmental entity(ies) or quasi -governmental entity(ies) or body(ies) (or any departmental agency(ies) thereof) exercising jurisdiction over a particular subject matter for any portion of the Property 1 15 "Governmental Requirements" means all Applicable Laws, subdivision requirements, zoning restrictions map conditions (including, without limitation, conditions of approval issued by the County for any portion of the overall Property) and all other requirements (including all requirements to have or to obtain permits) of any Governmental Agencies. 1 16 Hazardous Materials" means any substance material or other thing regulated by or pursuant to any Applicable Laws by reason of its potential for harm to human health or the environment, or because of its flammability toxicity reactivity or corrosiveness SMRH:4831-4495-9127 4 -2- KB / The Meadows CC&Rs 040519 OHDW-272803 1 17 "Homeowners Maintenance Guide" means the guide which may be prepared by Declarant or its consultants and provided to each Owner specifying obligations for maintenance of the Lots and Residences by the Owners, as updated and amended from time to time 118 "Improvements" means all structures and appurtenances thereto of every kind, including, without limitation Residences, and all modifications to the exterior of a Residence accessory buildings, walkways awnings, shades, screens including materials used to screen recreational and other vehicles parked on a Lot, screen doors, skylights, room additions, garages, pavement, private driveways, fences side yard and rear yard fences, retaining walls patios and patio covers, pools, spas, basketball standards and other recreational facilities and equipment, irrigation equipment and all related facilities, exterior air conditioning units, streetscapes, antennas and related facilities, exterior lighting water softening equipment, hedges, trees and other landscaping which can grow to a height in excess of any perimeter fence or wall of the Property 1 19 "Lot" means a plot of land subject to this Declaration, which is separately numbered and shown on the Final Map which is designed and intended for the construction of one (1) single-family Residence related Improvements. 1.20 "Maintenance Obligations" means each Owner's obligations to perform (a) all reasonable maintenance consistent with the terms of the Homeowners Maintenance Guide any maintenance obligations and schedules in any warranty offered by Declarant or any manufacturer and any maintenance obligations and schedules otherwise provided by Declarant or any manufacturer (b) all commonly -accepted maintenance practices to prolong the life of the materials and construction in the Residence as updated and amended from time to time and (c) the maintenance obligations set forth in this Declaration. 1.21 'Master Dispute Resolution Declaration" means the Master Dispute Resolution Declaration executed by Declarant which is recorded in the Official Records against any portion of the Property References to the Master Dispute Resolution Declaration include any subsequently recorded amendments or supplements thereto There may be more than one (1) Master Dispute Resolution Declaration at any given time each may apply to different Lots or portions of the Community The Master Dispute Resolution Declaration recorded in the Official Records constitutes a part of this Declaration and is incorporated herein by this reference as though set forth in full herein A copy of the Master Dispute Resolution Declaration can be obtained from the County Recorder of San Bernardino County 1.22 "Official Records" means the Office of the County Recorder of the County 1.23 "Outdoor Improvements" means all exterior changes or Improvements such as landscaping hardscaping trellises patio covers decks spas, room additions changes in grading or elevation and other similar Improvements by an Owner other than Declarant. 1.24 "Owner" means the record owner whether one or more persons or entities, including Declarant, of any Lot, excluding those having such interest merely as security for the performance of an obligation A contract purchaser under a recorded installment land sales contract shall be included as an Owner but those merely having an interest as security for the performance of an obligation shall not be Owners 1.25 Private Drainage Easement Areas means those certain drainage easement areas located within portions of Lots 14 42 and 66 designated on the Final Map as a private easement for drainage purposes. SMRH:4831-4495-9127 4 -3- KB / The Meadows CC&Rs 040519 OHDW-272803 1.26 "Residence" means the individual dwelling (including the garage and any other appurtenant Improvements) which is constructed upon a separate Lot and which is designed and intended for use and occupancy as a single-family residence 1.27 "Storm Drain and Water Quality Improvements" means any private storm drain and water quality protection improvements and systems including without limitation, detention and storm water basins and other pollution control devices located within the Property and any other Storm Drain and Water Quality Improvements described in a Supplementary Declaration 1.28 "Subdivision Map" or "Final Map" means any final subdivision or parcel map creating Lots within the Covered Property 1.29 "Supplementary Declaration" means those certain supplementary declarations or similar instruments, which may be recorded by Declarant without the consent of any Owner while Declarant owns any portion of the Property to do any of the following (a) de -annex any portion of the Property prior to conveyance to an Owner (b) make modifications or adjustments to reflect Declarant's development plan or any lot line adjustments, parcel maps and final subdivision maps and/or conditions or requirements imposed by Governmental Agencies (c) conform this Declaration or any previously recorded Supplementary Declarations to Governmental Requirements (d) identify additional Lots subject to the easements described herein, (e) designate any areas specified herein (f) make corrections or modifications to the provisions of this Declaration or previously recorded Supplementary Declaration(s) including but not limited to exhibits attached thereto and/or (g) impose dispute resolution procedures. ARTICLE 2 GENERAL PLAN OF DEVELOPMENT AND DECLARANTS RIGHTS 2.1 Limitations of Restrictions Declarant is undertaking the work of developing Lots and other Improvements within portions of the Property The completion of the development work and the marketing and sale rental and other disposition of the Lots is essential to the establishment of the Property as a residential community In order that the work may be completed, nothing in this Declaration shall be interpreted to deny Declarant the rights set forth in this Article 2.2 Rights of Access and Completion of Construction Declarant shall have the rights set forth below 2.2.1 Access Declarant shall have the right to do within any Lot owned by it whatever is reasonably necessary or advisable in connection with the completion of the Property and the marketing and maintenance thereof 2.2.2 Construct Improvements Declarant shall have the right to erect, construct, install modify or remove and maintain within any Lot owned by it such Improvements as Declarant may in its sole discretion deem appropriate establish the Property as a residential community and dispose of the Property or other community or project owned by Declarant by sale lease or otherwise as determined by Declarant in its sole discretion and to perform or complete any work to Improvements required for Declarant to obtain a release of any bonds posted by Declarant with the City 2.3 The Covered Property The Covered Property is planned to be improved with single- family detached Residences but Declarant makes no representation that the Property will be developed as proposed. 2.4 Rights to Change Size and Appearance of the Property Declarant shall not be prevented from changing the exterior appearance of Improvements or any other matter directly or SMRH:4831-4495-9127 4 -4- KB / The Meadows CC&Rs 040519 OHDW-272803 indirectly connected with the Property in any manner deemed desirable by Declarant, if Declarant satisfies the applicable Governmental Requirements. 2.5 Marketing Rights Nothing in this Declaration shall limit, restrict, abridge or control in any manner whatsoever the right of Declarant and its agents, representatives and employees, and successors and assigns to do any of the following 2.5.1 maintain and operate model homes advertising, sales or leasing office(s) upon any Lot owned by Declarant and conduct such advertising activities as Declarant deems necessary' 2.5.2 post and display from any Lot owned by Declarant any sign, flag banner billboard and other advertising and promotional devices which Declarant may in its sole discretion deem appropriate irrespective of size color shape or materials of such items, 2.5.3 conduct any commercial activity upon any Lot owned by Declarant which reasonably relates to the development, marketing, leasing or sales of the Property and other real property owned and controlled by Declarant; and 2.5.4 park vehicles upon any Lot owned by Declarant. Furthermore nothing in this Declaration shall limit the right of Declarant to establish additional licenses easements and rights-of-way in favor of Declarant, utility companies or others as Declarant, in its sole discretion deems appropriate for the development of the Property The foregoing rights established and reserved by Declarant shall be subject only to Applicable Laws. 2.6 Alterations to Map At any time within three (3) years after the date that the first Lot is conveyed to an Owner by Declarant, the boundaries of any Lot may be altered by a lot line adjustment or other change reflected on a subsequently recorded record of survey parcel map Final Map or amended Final Map provided that the altered boundaries are approved by Declarant and all Owners of the Property involved in the boundary adjustment. Declarant may in its sole discretion, make minor changes to the number of Lots then owned by Declarant in the Property An alteration shall be effective upon recordation of the record of survey or map and, upon such recordation the boundaries of the affected Lots shall be altered for purposes of this Declaration to conform to the boundaries as shown on the record of survey or map 2.7 Supplementary Declaration A Supplementary Declaration may be recorded by Declarant at any time for any of the purposes for which a Supplementary Declaration may be recorded as described in Section 1.29 without the consent of any other Owner 2.8 Power of Attorney Each Owner by accepting a deed to a Lot, shall be deemed to irrevocably appoint Declarant, as his or her Attorney -in -Fact, to prepare execute acknowledge and record any Final Map for all or any portion of the Property regardless of whether Declarant owns any interest in the property which is the subject of such parcel map Final Map or amended Final Map The acceptance or creation of any mortgage or other encumbrance whether or not voluntary created in good faith or given for value shall be deemed to be accepted or created subject to each of the terms and conditions described in this Section. ARTICLE 3 OWNERSHIP AND EASEMENTS 3.1 Ownership Title to each Lot shall be conveyed in fee to an Owner Ownership of each Lot shall include any exclusive or non-exclusive easement or easements appurtenant to such Lot which are of record or apparent, including without limitation, the easements described in this Declaration the SMRH:4831-4495-9127 4 -5- KB / The Meadows CC&Rs 040519 OHDW-272803 Final Map and the deed to the Lot. Each Owner by acceptance of a deed for the conveyance of a Lot burdened by such an easement, understands, acknowledges and agrees not to interfere with disturb erect, place maintain or remove any structure appurtenance or other Improvements, or to otherwise act in any manner to impede access to or impair use of the easements set forth herein or otherwise of record or apparent. 3.2 Easements for Encroachments. Declarant hereby creates and reserves for Declarant and its successors and assigns and grants to each Owner valid easements appurtenant to each Lot on, over and across contiguous Lots for the purposes of accommodating any natural movement or settlement of common walls or fences and appurtenant foundations and footings and for minor engineering errors, errors in construction reconstruction repair support and accommodation of any portion of said common walls and fences and for the maintenance thereof The rights and obligations of an Owner shall not be altered in any way by such encroachment, settlement or shifting. 3.3 Easements for Utilities The rights and duties of the Owners with respect to utility easements shall be governed by the provisions set forth below 3.3.1 Utility Easements Shown on Final Map or Otherwise of Record Easements have been or will be created and reserved on the Final Map or other recorded instrument for the construction installation maintenance operation, repair and replacement of electric, telephone cable television (or CATV service) water gas sanitary sewer and drainage facilities ("Utility Facilities") 3.3.2 Maintenance of Utility Facilities Each Owner shall maintain those Utility Facilities located upon such Owner's Lot which are not maintained by the respective utility company or agency 3.3.3 Entry Rights Wherever Utility Facilities are installed within the Covered Property and it becomes necessary to gain access to such Utility Facilities through a Lot owned by someone other than the Owner of the Lot served by said Utility Facilities the Owner of the Lot served by said Utility Facilities shall have the right, and is hereby granted an easement only to the extent reasonably necessary and only upon prior notice except in the case of an emergency in which case prior notice will be required to be given as soon as reasonably practical under the circumstances to enter upon such other Lot or to have the utility companies enter upon such other Lot to repair replace and generally maintain said Utility Facilities. 3.4 Easements for Drainage There are hereby created, granted and reserved nonexclusive easements appurtenant to each Lot for drainage according to the patterns for drainage created by the grading plans for the Property which have been reviewed and approved by the County as well as according to the actual, natural and existing patterns for drainage. 3.4.1 No Obstruction of Drainage Each Owner covenants and agrees not to obstruct or otherwise interfere with the concrete drainage swales yard drains catch basins and other area drains and related facilities (collectively the 'Drainage Facilities") installed by Declarant pursuant to the approved grading plans for the Property nor shall such Owner obstruct, redirect, alter or otherwise interfere with in any manner whatsoever the established drainage patterns for such Lot, or regrade or otherwise reconstruct such Owner's Lot in any manner which will result in the alteration of the established drainage pattern or in any way redirect, impede or otherwise impair the flow of drainage waters across such Owner's Lot without obtaining the proper permits or approval by the County for such Improvements. Each Owner shall regularly inspect and if necessary clean out any Drainage Facilities located on such Owner's Lot. If it is necessary to alter said drainage pattern for the protection and use of such Owner's Lot, the Owner will make adequate provisions for proper drainage in accordance with the appropriate governmental grading ordinance SMRH:4831-4495-9127 4 -6- KB / The Meadows CC&Rs 040519 OHDW-272803 3.5 Easements for Construction, Sales and/or Leasing Declarant hereby reserves nonexclusive easements for access, ingress and egress on, over under through and across the Property as necessary to construct the Residences and all other Improvements within the Property and to carry on normal sales or leasing activity including, without limitation the operation of model homes and sales or leasing offices and the display of promotional signs banners flags balloons and exhibits and other promotional activities in connection with the sale or lease of Lots in the Property or for other projects being marketed and sold by Declarant. 3.6 Easements for Common Walls and Fences There are hereby created, granted and reserved nonexclusive easements appurtenant to each Lot for the placement and maintenance of all common walls or fences, where such walls or fences were originally installed by Declarant, regardless of whether such walls or fences are located precisely upon the boundary separating two (2) Lots. Those Owners who have a common wall or fence which adjoin their Lots and effectively creates the boundary line between such Lots shall equally have the right to use such wall or fence, and each shall have the exclusive right to the use of the interior surface of the wall or fence facing such Owner's Residence. No Owner shall drive nails screws, bolts or other objects more than half way through any common wall or fence interfere with the adjacent Owner's use and enjoyment of the common wall or fence, or impair in any way the structural integrity of the common wall or fence In the event that any portion of such wall or fence except the interior surface of one (1) side is damaged or injured from any cause other than negligence or willful the act or omission of either party it shall be repaired or rebuilt at the Owners joint expense Where damage to the wall or fence is caused by the negligence or willful acts or omissions of one party the general rules of law regarding party walls and liability for property damage shall apply Each Owner shall be solely responsible for maintaining the interior surfaces of the party wall or fence facing such Owner's Residence 3 7 City Maintained Areas The City Maintained Areas include those areas within the Final Map and adjacent to the Community as set forth on Exhibit 'B', which shall be maintained by the City pursuant to the easements reserved and dedicated on the Final Map and which maintenance shall be funded through the CFD 3.8 Amendment to Eliminate Easements Any attempt to modify or eliminate this Section shall require the prior written approval of Declarant, so long as Declarant is the Owner of a Lot. Failure to gain such prior written approval shall render any such amendment void and without legal effect. ARTICLE 4 USE RESTRICTIONS 4.1 Residential Uses Each Residence shall be used as a private dwelling and for no other purpose No business, commercial, manufacturing mercantile storage, vending or industrial operations of any kind shall be conducted in or upon any Lot or within any Residence Notwithstanding the foregoing this Section shall not preclude activities required to be allowed pursuant to Applicable Law or activities which do not create any external evidence thereof including without limitation, any increased impact on parking provided that such activities are conducted in conformance with all Applicable Laws and are merely incidental to the use of the Residence as a single family dwelling. 4.2 Prohibited Dwelling Structures At no time shall any garage basement, attic, outbuilding tent, shack, shed trailer camper motorhome boat or structure of any kind within the Property except for the one (1) Residence constructed upon each Lot, be used as a dwelling. 4.3 Rental of Lots An Owner shall be entitled to rent the Residence subject to the restrictions contained in this Declaration, and any other restrictions of record applicable to such Owner's Lot and all Applicable Laws. The Owners shall at all times, be responsible for their tenant's or lessee's SMRH:4831-4495-9127 4 -7- KB / The Meadows CC&Rs 040519 OHDW-272803 compliance with all of the provisions of this Declaration. No Owner may lease such Owner's Residence for hotel, motel or transient purposes. 4 4 Signs Subject to the provisions of California Civil Code Sections 712 and 713 as the same may be amended from time to time no sign of any kind shall be displayed to the public view on or from any Lot, except (a) one (1) 'for sale 'for lease or 'for exchange sign of reasonable size on any Lot, which shall be permitted to include directions to the Lot, the Owner's or agent's name and the Owner's or agent's address and telephone number (b) one (1) sign indicating that the Lot (and Residence) is protected by a security alarm system and (c) noncommercial signs permitted by California Civil Code Section 4710 All signs permitted under this Section shall conform to all Applicable Laws. 4.5 Animals No animals, fowl reptiles, poultry fish or insects of any kind ('animals') shall be raised bred or kept on any Lot, except that a reasonable number of dogs, cats or other household pets may be kept; provided that they are not kept, bred or maintained for any commercial purpose nor in unreasonable numbers nor in violation of any applicable local ordinance or any other provision of this Declaration As used herein 'unreasonable numbers shall mean any number in excess of the maximum number of animals of a particular kind permitted by the City to be kept and maintained on a Lot. Animals belonging to Owners, occupants or their licensees, tenants or invitees must be either kept within an enclosure an enclosed yard or on a leash or other restraint being held by a person capable of controlling the animal Furthermore to the extent permitted by law each Owner shall be liable to each and all other Owners their families tenants and invitees for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an Owner or by members of such Owner's family tenants or invitees. It shall be the absolute duty and responsibility of each such Owner to clean up after such animals 4 6 Window Coverings Temporary window coverings ("Temporary Window Coverings') in a design and color that does not conflict with the surrounding Improvements (but excluding aluminum foil newspaper plywood or any other contrasting material) are permitted for a maximum period of six (6) months after the Lot is conveyed by Declarant to an Owner Except as specifically provided in the proceeding sentence no Temporary Window Coverings shall be used to cover any door or window of any Residence All window coverings (including Temporary Window Coverings) shall be of a neutral color harmonious with and not in conflict with the color scheme of the exterior wall surface of the Residence. 4/ Nuisances No Owner shall commit or permit any nuisance within the Property or commit or suffer any illegal act to be committed thereon. No noxious activities or excessive noise shall be permitted within the Property 4.8 Compliance With Applicable Laws. Each Owner shall comply with all Applicable Laws. 4.9 Lot Coverage Owners are hereby advised that the Lots are subject to City lot coverage requirements and any Improvements installed within a Lot shall be subject to compliance with such lot coverage requirements in addition to all restrictions set forth herein As of the date of this Declaration, lot coverage for the Lots within the Community cannot exceed thirty percent (30%) pursuant to the requirements of the City 4 10 Exterior Painting. No Owner shall paint the exterior of the Owner's Residence or any other exterior Improvements within unless the paint color is consistent with the applicable code standards and in substantial conformance with the original design so that the Residence is architecturally and aesthetically compatible with the surrounding color scheme of the Property 4 11 Repair and Reconstruction In the event of damage or destruction to a Residence or other portion of a Lot ("Damaged Improvement(s)") the Owner shall promptly after the damage or destruction (a) commence to restore repair rebuild or reconstruct such Damaged Improvement(s) and SMRH:4831-4495-9127 4 -8- KB / The Meadows CC&Rs 040519 OHDW-272803 diligently pursue such reconstruction to completion, or (b) clear such Owner's Lot and maintain the same clear of all debris weeds, rubbish and other unsightly and unsafe materials. If the Owner elects to rebuild all repairs and restoration shall be completed in a good and workmanlike manner consistent with Governmental Requirements and in substantial conformance with the original design so that the Residence is architecturally and aesthetically compatible with surrounding Improvements. 4.12 Parking, Vehicular Restrictions and Garages 412.1 Authorized Vehicles The following vehicles are Authorized Vehicles standard passenger vehicles including automobiles passenger vans designed to accommodate ten (10) or fewer people motorcycles and pick-up trucks having a manufacturer's rating or payload capacity of one (1) ton or Tess Recreational vehicles parked within the side or rear yard areas shall be permitted to the extent of the space available and shall be limited to no more than one (1) recreational vehicle per Lot. Authorized Vehicles may be parked in any portion of the Property intended for parking of motorized vehicles however no Owner may park a vehicle in a manner which either restricts the passage of pedestrians or vehicles over driveways, streets or sidewalks within the Property or extends beyond the limits of the space where the vehicle is parked. 412.2 Prohibited Vehicles The following vehicles are 'Prohibited Vehicles (a) commercial -type vehicles (e g. stakebed trucks tank trucks, dump trucks, step vans, semi -truck tractor concrete trucks and limousines) (b) buses or vans designed to accommodate more than ten (10) people (c) vehicles having more than two (2) axles, (d) semi -truck tractors, (e) trailers, (f) inoperable vehicles or parts of vehicles, (g) aircraft, and (h) any other vehicle not classified as an Authorized Vehicle. Prohibited Vehicles may not be parked, stored or kept on any public or private street in adjacent to or visible from the Property except for brief periods for loading, unloading making deliveries or emergency repairs. 4.12.3 Garages Garages shall be used only for parking Authorized Vehicles and shall not be used for storage living or business purposes or any other purpose which prevents the storage of the number of vehicles for which the garage was assigned. Garage doors shall be kept closed at all times except as reasonably required for ingress to and egress from the interiors of the garages and the Residence and other temporary purposes. 4 13 Temporary Structures No tent, shack or other outbuildings shall be kept upon any Lot, or in any street within the Covered Property except in connection with work or construction diligently pursued. 414 Oil and Mineral Rights No oil drilling oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted by any Owner upon or in any Lot nor subsequent to the recording of this Declaration, shall oil wells, tanks, tunnels or mineral excavations or shafts be installed upon the surface of any Lot or within five hundred (500) feet below the surface of such properties No derrick or other structure designed for use in boring for water oil or natural gas shall be erected maintained or permitted by any Owner upon any Lot. No Owner shall use a Lot to explore for or to remove any water oil or other hydrocarbons minerals of any kind gravel, earth or any earth substance or other mineral of any kind 4 15 Solar Energy Systems All Owners shall have the right to place and maintain on their Residence or Lot, equipment and facilities related to the installation and maintenance of individual solar heating systems. The installation and maintenance of any solar heating system by an individual Owner shall be subject to all Applicable Laws. No solar heating panels or other solar energy collection equipment shall be installed on any portion of any Lot, or any Improvement thereon unless such equipment is installed in such location and in such manner as to be obscured from the view of other persons in the Property to the greatest degree practicable without significantly decreasing its efficiency SMRH:4831-4495-9127 4 -9- KB / The Meadows CC&Rs 040519 OHDW-272803 4.16 Antennae and Satellite Dishes. No Owner shall install any antenna, satellite dish, or other over -the -air receiving device that is of a size larger than is permitted under Title 47 U S C §§ 1 et seq 47 CFR § 1 4000 and any other Applicable Laws or rules or decisions promulgated with respect thereto 4.17 Trash No trash may be kept or permitted upon the Covered Property or on any public street abutting or visible from the Covered Property except in containers located in appropriate areas screened from view Such containers may be exposed to the view of neighboring Lots only when set out at a designated location for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled trash collection hours) 4.18 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system shall be permitted on Lot unless the system is designed, located, constructed and equipped in accordance with the requirements, standards and recommendations of any applicable water district and any applicable Governmental Agencies. 4 19 Unsightly Articles. No unsightly articles, including woodpiles, garbage cans, storage boxes tools and equipment shall be permitted to remain on any portion of a Lot which is visible from any street or from any other Lot within the Property unless such items are obscured from view by a fence or other appropriate screen. All garbage cans put out for collection shall be exposed to the view of neighboring Lots for only a reasonable period of time Clotheslines shall be permitted provided that such clotheslines are located within the back yard area of the Lot. 4.20 Hazardous Materials. Any Hazardous Materials within the Property shall be disposed of in compliance with Applicable Laws. Owners are encouraged to consult with the Governmental Agencies and the refuse hauler in the area of the Property concerning the proper disposal of any Hazardous Material Toxic chemicals or hydrocarbon compounds such as gasoline motor oil, anti -freeze solvents, paints paint thinners wood preservatives and other such fluids shall not be discharged into any public street or any storm drain or storm -water conveyance system within the Property Use and disposal of pesticides fungicides herbicides insecticides, fertilizers and other such chemical treatments shall meet Federal State and County and City requirements as prescribed in their respective containers. Owners shall indemnify defend and hold harmless any other Owner including Declarant, and any other Owner's tenants and invitees from all damages, losses causes of action, liabilities costs and expenses including remedial costs and attorneys' fees incurred or sustained in connection with any damage or damage resulting from Hazardous Materials kept, maintained or released on the Property 4.21 Drainage There shall be no interference with the established drainage pattern over the Property For the purpose hereof "established drainage' refers to the drainage that exists at the time of conveyance of the Lot to an Owner by Declarant, or that is shown on any plans approved by the County Each Owner shall maintain the drainage situated within any Lot free of debris and any other material that may impede the flow of water Roof drains may not drain directly into hard pipe systems any such roof drains must drain into grass areas before entering into any storm drain system. If such Owner fails to maintain such drainage and, as a result, imminent danger to person or property may result, then the County shall have the right of access onto the Lot for the purpose of clearing debris and other material so as to not impede the flow of water This right of access shall be exercised only for the purpose of preventing damage to persons and property and the entering party shall use reasonable care so as to not cause any damage to the Lot. The Owner shall reimburse the County for any costs and expenses incurred in clearing such debris. In addition to the foregoing Owners shall maintain drainage at all times to prevent water from seeping under the structure Owners shall "greatly" restrict surface water near structures and slabs -on -grade Measures to restrict surface water may include without limitation, the following (a) selecting landscaping that requires little or no watering especially within three (3) feet of structures slabs -on -grade or pavements, (b) using low precipitation sprinkler heads, (c) regulating the amount of water distributed to lawn or planter areas by installing timers on the sprinkler system (d) SMRH:4831-4495-9127 4 -10- KB / The Meadows CC&Rs 040519 OHDW-272803 providing surface grades to drain rainfall or landscape watering to appropriate collection systems and away from structures, slabs -on -grade, or pavements, (e) preventing water from draining toward or ponding near building foundations slabs -on -grade or pavements and (f) avoiding open planting areas within three (3) feet of the building perimeter 4.21 1 Private Drainage Easement Areas Lots 14 42 and 66 shall be subject to certain private drainage easements as shown on the Final Map Each Owner shall be responsible for maintenance of the portion of the private drainage easement area located within such Owner's Lot. The Owners of Lots 14 42 and 66 must keep the easement area clean and shall be prohibited from altering or interfering with drainage through such Private Drainage Easement Areas. Installation of hardscaping or any other Improvements within the easement area that would interfere with drainage through the easement area is prohibited. 4.22 No Modification of Storm Drain and Water Quality Improvements. There shall be no modification or alterations to way any Storm Drain and Water Quality Improvements in the Valley -Wide Maintained Areas without the consent of the County and Declarant, so long as Declarant owns any portion of the Property 4.23 Compliance With Requirements Regarding Storm Water Pollution. Each Owner acknowledges that water that enters a storm drain flows to waterways creeks streams rivers, lakes and/or oceans Accordingly the National Pollutant Discharge Elimination System ("NPDES") the Federal Clean Water Act, and the policies and ordinances of the County prohibit discharging anything other than natural rain water into storm drainage systems, including gutters and streets which drain into storm drains. Toxic chemicals or hydrocarbon compounds such as gasoline motor oil antifreeze solvents, paints paint thinners, wood preservatives, fertilizers, lawn clippings, yard waste detergents, pet waste, paints and other such materials and pollutants shall not be discharged into any street, public or private gutters or into storm drains or storm water conveyance systems The disposal of such pollutants and materials into a storm drain system may result in significant penalties and fines and that such Owner may be responsible for any activities by Owner's contractors (e.g. painters, landscapers, etc.) who dispose of such pollutants from an Owner's Lot into a storm drain system Use and disposal of pesticides fungicides, herbicides insecticides fertilizers and other such chemicals shall meet all federal, state and County requirements and requirements of any other governmental agencies having jurisdiction over the Property All Owners within the Community are required to comply with such restrictions. Owners are encouraged to consult with the County and other governmental authorities concerning the proper disposal of any toxic or hazardous materials. Dumping any such materials into sewers, gutters or storm drains is against the law 4.23.1 Storm Water Pollution Prevention Best Management Practices To comply with the requirements of the City and County in connection with the storm water pollution prevention best management practices each Owner agrees that it will, at all times, maintain all Improvements located on Owner's Lot, in a clean safe and attractive condition free and clear of any and all debris. All landscaping shall be maintained by an Owner in a manner that will prevent soil erosion and minimize sediment transport. To the extent that Declarant has installed any erosion protection devices (e g. sandbags) an Owner shall not remove such devices unless and until all landscaping has been installed on a Lot, and has been sufficiently grown so as to prevent soil erosion and transport of any sediment. Owners shall comply with all requirements of the City of Redlands and County of San Bernardino in connection with storm water pollution prevention and all applicable Best Management Practices ("BMP") and perform all maintenance that may be imposed by any water quality management plan that may affect the Property Owners shall ensure that implementation and oversight of the BMP are in accordance with the NPDES the Federal Clean Water Act, and policies and ordinances of the City of Redlands and the County of San Bernardino prohibiting all discharge of anything other than rain water into storm drain systems including gutters and streets which drain into the storm drain. In addition to the foregoing Owners shall comply SMRH:4831-4495-9127 4 -11- KB / The Meadows CC&Rs 040519 OHDW-272803 with the San Bernardino County Flood Control District requirements set forth in the following Sections (a) through (d) (a) All trash receptacles within an Owner's Lot shall be covered and closed at all times except when disposing of trash (b) Basins within the Community shall be maintained in accordance with the following requirements (i) drip systems shall be utilized to irrigate plants within the basin, (ii) drought tolerant plant species or species approved by the County shall be maintained within the basins, and (iii) fertilizers shall not be used within the basins. (c) The following activities shall be prohibited within the public streets servicing the Community or within areas of the Community that would result in discharge of materials into the public streets, (i) power washing (ii) washing cars or conducting vehicle maintenance within the public streets or driveway areas (other than emergency vehicles maintenance), (iii) blowing of landscaping debris into the basin (iv) dumping oil into the public street or storm drain system servicing the Community and (v) discharging fertilizers pesticides, animal waste paint or masonry waste into the public street or storm drain system (d) Integrated pest management shall be used within the Community as required by the Water Quality Management Plan for the Community 4.23.2 Liability to Declarant. So long as Declarant owns any Lot within the Community if an Owner is not in compliance with the provisions of this Section and as a result, Declarant may incur any liability Declarant shall have the right but not the obligation to enter upon the Lot to correct such violation Any Owner who violates the requirements of this Section shall indemnify protect, defend and hold Declarant and its officers directors, successors and assigns entirely free and harmless from and against any liabilities, penalties, costs expenses and actions including, without limitation, attorneys' fees and costs arising from or attributed to a violation of the provisions of this Section and shall within fifteen (15) days after request from Declarant, reimburse Declarant for any costs and expenses incurred by Declarant in correcting any violation by any Owner of this Section. 4.24 Water Supply and Water Softener Systems No individual water supply or water softener system nor any sewage disposal system shall be permitted on the Property unless such system is designed located constructed and equipped in accordance with Governmental Requirements. 4.25 No Easements for View Purposes, Disclaimer Neither Declarant, nor Declarant's employees or agents have made any representations whatsoever concerning the view if any that a particular Lot or other Improvement thereon will enjoy There are no express or implied easements whatsoever appurtenant to any Lot for view purposes or for the passage of light and air across any other Lot or any real property not within the Property regardless of whether such Lot is owned by Declarant. Each Owner by accepting a deed to a Lot, hereby expressly acknowledges and agrees that walls and fences constructed by Declarant, and further construction development and growth of landscaping, both within the Property and in the immediate vicinity of the Property may impair the view from such Owner's Lot, and each Owner hereby expressly consents to any such impairment. 4.26 City Maintained Areas In no event shall any Owner alter or remove any landscaping or other Improvements installed within any City Maintained Area. In no event shall any Owner install any Improvement on landscaping within any City Maintained Area or interfere with the City's maintenance thereof 4.27 Notice of Airport in Vicinity The Property is located in the vicinity of an airport, within what is known as an airport influence area. For that reason the Property may be subject to some of the SMRH.4831-4495-9127 4 -12- KB / The Meadows CC&Rs 040519 OHDW-272803 annoyances or inconveniences associated with proximity to airport operations (e.g. noise vibration or odors) Individual sensitivities to those annoyances can vary from person to person. Each Owner should consider what airport annoyances if any are associated with the Property before such Owner completes his or her purchase and determine whether such annoyance are acceptable to such Owner 4.28 Deed Notice Pursuant to the Final Map each Owner is required to include the following deed notice in any deed conveying his or her Lot to a subsequent owner DEED NOTICE. This property is in the area subject to overflights by aircraft using the Redlands Municipal Airport, and as a result, residents may experience inconvenience annoyance or discomfort arising from the noise of such operations. State Law (Public Utilities Code Section 21670 et seq) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form 4.29 Exemption of DeclarantThe restrictions set forth in this Article shall not apply to Declarant so long as Declarant owns any portion of the Property ARTICLE 5 MAINTENANCE 5.1 Maintenance of Lots Each Owner shall maintain such Owner's Lot (excluding any portion that is a City Maintained Area) including any portions of the Lot located outside of any fence or wall and all landscape and irrigation improvements in the yards within the Residence, in a neat, clean, safe sanitary and attractive condition at all times, at such Owners sole cost and expense All slopes located within a Lot shall be kept and maintained so as to prevent erosion and ensure the proper drainage of each Lot in accordance with grading plans originally approved by the County, unless such slopes are designated for maintenance by the County 5.2 Performance of the Maintenance Obligations By Owner Each Owner will perform and comply with the Maintenance Obligations and each Owner is further obligated to provide a copy of the Homeowners Maintenance Guide and other materials describing the Maintenance Obligations to any successors in interest and/or subsequent purchasers of such Owner's Lot. 5.3 Installation and Maintenance of Landscaping Each Owner shall be responsible for the maintenance and upkeep of landscaping and irrigation within all portions of such Owner's yard Yards shall be maintained free of all weeds, rubbish, trash and debris at all times. Plans and specifications, including the nature type and kind of all proposed landscape and irrigation Improvements, and the dimensions thereof must be submitted for approval in accordance with Article 6 of this Declaration. Each Owner shall install landscaping for all yard areas of the Lot that were not landscaped by Declarant within six (6) months after the initial conveyance of the Residence from Declarant to the Owner that is the First Purchaser of such Lot, subject to the provisions set forth in this Declaration regarding architectural and landscaping approval 5.4 Walls and Fences Each Owner whose Lot, or portion thereof is improved with a block wall or fence or a combination thereof which borders the perimeter of the Property as required in the conditions of approval for the Property shall be responsible for maintaining repairing and replacing that portion of the block wall or fence in good condition and free from graffiti at all times. In addition each Owner shall maintain all walls and fences on their Lot as set forth in Section 3.6 of this Declaration. SMRH 4831-4495-9127 4 -13- KB / The Meadows CC&Rs 040519 OHDW-272803 5.5 Drainage. Unless otherwise set forth in this Declaration, all drainage devices, including without limitation drainage swales and area drains, located on each Owner's Lot shall be maintained by said Owner free and cleared of any weeds rubbish mud, silt or other debris. In the event said Owner does not comply with this maintenance responsibility and the drainage devices impact the adjoining Lots the Owner(s) of said Lot(s) is/are hereby granted a nonexclusive easement appurtenant across the adjacent Lot as necessary to maintain clear and repair the drainage devices to ensure proper drainage The reasonable costs incurred in connection with such maintenance clearing and repair shall be the responsibility of the Owner on whose Lot the drainage device is located. 5.5.1 Storm Drain Facilities Each Owner shall maintain any storm drain facilities on such Owner's Lot and shall replace such filters as required in conformance with all Applicable Laws including without limitation the requirements and obligations set forth in Section 4.22. 5.5.2 Compliance with Maintenance Guide. Each Owner is required to comply with all of the Maintenance Obligations and any other requirements set forth in any Owner Maintenance Guide provided by Declarant and each Owner is further obligated to provide a copy of such Owner Maintenance Guide to any successor purchaser of such Owner's Lot. ARTICLE 6 ARCHITECTURAL APPROVAL 6.1 Architectural Approval. Until the date which is twelve (12) months after the conveyance of the last Lot in the Property to a First Purchaser from Declarant, no Outdoor Improvements shall be installed upon a Lot until the plans and specifications therefore showing the nature design kind, shape height, width, color materials, and location have been submitted to and approved by Declarant in accordance with the procedures set forth in Sections 6.2 and 6_3 ("Plans") To the fullest extent permitted by Applicable Laws Declarant shall not be liable to any Owner for any damage loss or prejudice suffered or claimed on account of any act, omission of negligence in connection with the approval, conditional approval or disapproval of Plans. Declarant may in its sole discretion and at any time waive its approval rights granted under this Article 6, subject to such terms and conditions as Declarant may impose 6.2 Submittal of Plans The initial address until otherwise changed, for submission of Plans to Declarant is the address set forth in Section 10.8 below Any Owner desiring to install any Outdoor Improvement requiring approval shall submit Plans either (a) by nationally recognized overnight courier with receipt for delivery or (b) by United States certified or registered mail postage prepaid, return receipt requested. All Plans for Outdoor Improvements requiring a City permit shall have been prepared by an architect, engineer or designer licensed or certified by the State of California, or by such other person including an Owner as may be approved in writing, by Declarant. 6.3 Architectural Approval - Review of Plans. Declarant shall have the right, but not the obligation to promulgate reasonable guidelines ("Design Guidelines") against which to examine any request made pursuant to this Article 6 in order to ensure that the Plans are in conformance and harmonious with the exterior design and existing materials of the buildings in the Property No Outdoor Improvement shall be commenced by an Owner until the Plans have either been (i) approved in writing by Declarant, or (ii) deemed approved by Declarant pursuant to the procedures set forth below Until receipt by Declarant of any information as may be required herein Declarant may postpone review of any Plans submitted for approval. Any application submitted pursuant to the provisions of Section 6.2 above shall be deemed approved, unless written disapproval or a request for additional SMRH:4831-4495-9127 4 -14- KB / The Meadows CC&Rs 040519 OHDW-272803 information or materials by Declarant shall have been transmitted to the applicant within forty-five (45) days after the receipt by Declarant of all required materials. 6.4 Submittal to City - Right of Declarant to Review Changes Upon obtaining the written approval of Declarant, the Owner shall thereafter submit Plans to the appropriate Governmental Agency if the proposed Outdoor Improvements require the issuance of a building permit or other approval. If the approvals of the Governmental Agency are not obtained or the Outdoor Improvements are not installed within six (6) months from the date of approval by Declarant, Declarant shall have the right, but not the obligation to review all previously -approved Plans. In addition if the Governmental Agency requires modifications to the Plans previously approved by Declarant, the Owner shall submit to Declarant all such modifications and Declarant shall have the right, but not the obligation, to review and to impose further conditions on the modified Plans. 6.5 Approval of Governmental Agency Approval of any Outdoor Improvement by Declarant shall not be construed to warrant or represent in any way that the Outdoor Improvement meets Governmental Requirements Similarly approval of any Outdoor Improvement by the Governmental Agency shall not be construed to constitute approval of such Outdoor Improvement by Declarant. 6.6 Conflicts Between Governmental Requirements and Declarant's Requirements In the event of any conflict in the Governmental Requirements and Declarant's requirements for the proposed Outdoor Improvements, the more restrictive requirements shall be controlling Nothing herein shall limit Declarant from imposing requirements which are more restrictive than requirements imposed by any Governmental Requirements. 6.7 Construction of Improvements. Any work approved pursuant to this Article shall be performed in accordance with the provisions set forth below 6.7 1 Performance of Work. Except in the case of an emergency all work shall be performed during reasonable daylight hours All persons performing such work shall use their best efforts to minimize the duration of the work and the inconvenience to other Owners. All work shall be performed in a neat and orderly manner and all reasonable safety precautions shall be taken during the performance of such work. 6.7.2 Indemnification The Owner of any Lot upon which any work for any Improvement is being performed shall save indemnify protect, defend and hold harmless Declarant and every other Owner from and against any and all liability arising out of or otherwise resulting from any negligent or intentional act or omission relating to the performance of such work. 6.8 Approval Not Waiver; Enforcement. The approval or disapproval by Declarant of any Plans for Outdoor Improvements shall not be deemed to constitute a waiver by Declarant of its right to object to or approve of the same features or elements embodied in Plans submitted for approval for use on any other Lot. 6.9 Non -Liability for Approval. If Declarant approves any Plans such approval only constitutes approval of the architectural design and does not constitute approval of (a) engineering design (b) compliance with Applicable Laws, (c) compliance with regulations of any public utility or (d) any easements or other agreements affecting the applicable Lot. By approving such Plans Declarant assumes no liability or responsibility therefor or for any defect in any Outdoor Improvement, or for any obstruction or impairment of view caused or created as a result of any Outdoor Improvements. Each Owner by acceptance of a deed to a Lot, agrees (i) that Declarant shall not be responsible for any damages or injuries that may result from the installation or maintenance of Outdoor Improvements by such Owner and (ii) to indemnify and hold Declarant harmless from and against any and all liabilities claims damages costs, losses, proceedings and causes of action including, without limitation, SMRH:4831-4495-9127 4 -15- KB / The Meadows CC&Rs 040519 OHDW-272803 attorney's fees arising from such Owner's construction, installation, demolition, repair or use of Outdoor Improvements 6.10 Prohibited Actions Owners shall not modify or otherwise alter any wall or fence originally constructed by Declarant. Notwithstanding the foregoing, if any wall or fence originally installed by Declarant is damaged or destroyed, the Owner of the Lot or Lots upon which the damaged or destroyed fence or wall is located shall reconstruct said wall or fence to the same style and appearance as when originally constructed by Declarant, at such Owner's sole cost and expense. 6.11 Owner Acknowledgement. Each Owner understands and, by acceptance of a deed to a Lot, acknowledges that this Declaration does not provide for the formation or maintenance of an architectural review committee of homeowners in the Property The formation of such a committee would require an amendment to this Declaration. Each Owner further understands and, by acceptance of a deed to a Lot, acknowledges that the Property is not considered to be a common interest development, as more particularly defined in California Civil Code Sections 4000 et seq. Consequently if an amendment to this Declaration is made for the establishment of an architectural review committee by the Owners any Owner who serves as a member of such architectural review committee is not protected under any liability insurance or directors' and officers' insurance coverage that might customarily be purchased by a homeowners association in a common interest development, nor are such committee members indemnified from and against any loss, cost, liability and expense that may be imposed upon such members in connection with any claim, action suit or proceedings, or threat thereof made or instituted in which such members may be made a party by reason of an action alleged to have been taken or omitted as a member of such architectural review committee ARTICLE 7 ENFORCEMENT 7 1 Enforcement and Nonwaiver 7 1 1 Enforcement Rights Declarant and any Owner of any Lot, shall have the right, but not the obligation, to enforce by proceedings at law or in equity any or all of the Covenants imposed by this Declaration including, without limitation the right to prosecute a proceeding, at law or in equity against the person or persons who have violated or are attempting to violate any of said Covenants, to enjoin or prevent them from doing so to cause said violation to be remedied and/or to recover damages for said violation. 7 1.2 Violation of Covenant Deemed Nuisance The result of every act or omission whereby any of the Covenants are violated in whole or in part, is hereby declared to be and constitutes a nuisance and every remedy allowed by law or equity against a nuisance either public or private shall be applicable against every such result and may be exercised by the Governmental Agencies or by any Owner 7 1.3 Remedies Are Cumulative The remedies herein provided for breach of the Covenants shall be deemed cumulative and none of such remedies shall be deemed exclusive. 71 4 Failure to Enforce Covenants The failure of the Governmental Agencies, Declarant, or any Owner to enforce any of the Covenants shall not constitute a waiver of the right to enforce the same thereafter 7 1.5 Effect of Breach on Mortgagees A breach of the Covenants shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any Lot; provided however that any subsequent Owner of such Lot shall be bound by said Covenants, whether or not such Owner's title was acquired by foreclosure a trustee's sale or otherwise. SMRH:4831-4495-9127 4 -16- KB / The Meadows CC&Rs 040519 OHDW-272803 7.2 Disputes Involving Declarant. 7.2.1 Defined Terms For purposes of this Section and this Declaration, the following terms shall have the meanings set forth below (a) "Claim" means any Construction Defect Claim or Other Claim (b) "Claim Process" means the pre -litigation process for the resolution of Construction Defect Claims and Other Claims as described in the Master Dispute Resolution Declaration. (c) "Construction Defect Claim" means any claim, issue or controversy whether or not the claim issue or controversy is governed by or subject to the Right to Repair Act or is based upon common law that arises from or is related in any way to any alleged deficiencies in construction, design, specifications surveying planning supervision testing or observation of construction, including, but not limited to any alleged violation of the standards set forth in California Civil Code Sections 895 through 897 inclusive of the Right to Repair Act. (d) 'Dispute means any claim issue or controversy that arises from or is related in any way to (a) the Community (b) any Lot, and/or (c) the relationship between any Owner and Declarant, whether contractual, statutory or in tort, including but not limited to claims, issues or controversies that arise from or are related to the purchase sale condition design, construction or materials used in construction of any portion of the Community or any Residence the agreement between Declarant and Owner to purchase the Lot or any related agreement, the Limited Warranty disclosures or alleged deficiencies in construction, design specifications surveying, planning, supervision, testing or observation of construction related to Improvements within the Lot, including but not limited to the following. (a) a Construction Defect Claim (b) an Other Claim (c) any disagreement as to whether a Construction Defect Claim has been properly repaired; (d) any disagreement as to the value of repairing damages which are the subject of a Construction Defect Claim (e) the cost of repairing damage caused by the repair efforts the cost to remove or replace an improper repair and any alleged relocation expenses, storage expenses, lost business income investigation costs and all other fees and costs recoverable by contract or statute as a result of a Construction Defect Claim and (f) any disagreement concerning the timeliness of Declarant's Affiliated General Contractor's performance or an Owner's notification under the Limited Warranty or the Claim Process. (e) 'Limited Warranty' means the California Transferable New Home Limited Warranty provided by Declarant to the Initial Owner of the Residence (f) "Other Claim' means a Dispute that does not involve a Construction Defect Claim (g) 'Right to Repair Act" means Division 2 Part 2 Title 7 of the California Civil Code (Section 895 et seq) as amended from time to time 7.2.2 Dispute Resolution Declarant has recorded a Master Dispute Resolution Declaration which sets forth the procedures that shall be used to resolve Disputes with Declarant for any Claims asserted by an Owner For any Construction Defect Claims, the Owners shall comply with the Claims Process set forth in the Master Dispute Resolution Declaration. For any Construction Defect Claims not resolved through the Claims Process or any Other Claims, the Owners shall comply with the procedures set forth in the Master Dispute Resolution Declaration which require the Dispute to be mediated or arbitrated. Each Owner acknowledges and agrees that the terms and provisions set forth in the Master Dispute Resolution Declaration are covenants running with the land which are binding upon the Owners and successor Owners. SMRH:4831-4495-9127 4 -17- KB / The Meadows CC&Rs 040519 OHDW-272803 7.2.3 Pursuit of Claims An Owner may only assert Limited Warranty claims pertaining to such Owner's Lot. 7.2.4 AGREEMENT TO ARBITRATE. THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THE MASTER DISPUTE RESOLUTION DECLARATION INCLUDE AN ARBITRATION PROVISION. DECLARANT AND EACH OWNER AGREE TO HAVE ANY DISPUTE DECIDED BY NEUTRAL ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT AND THE CALIFORNIA ARBITRATION ACT, TO THE EXTENT THE CALIFORNIA ARBITRATION ACT IS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, DECLARANT AND EACH OWNER ARE GIVING UP ANY RIGHTS DECLARANT AND EACH OWNER MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. DECLARANT AND EACH OWNER ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE PROCEDURES SET FORTH IN THE MASTER DISPUTE RESOLUTION DECLARATION IF DECLARANT OR ANY OWNER REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, DECLARANT OR SUCH OWNER MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. DECLARANT'S AND EACH OWNER'S AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY 7.2.5 CLASS ACTIONS WAIVER. AS SET FORTH IN THE MASTER DISPUTE RESOLUTION DECLARATION, DECLARANT AND EACH OWNER HAVE AGREED TO ARBITRATE DISPUTES UNDER THE FEDERAL ARBITRATION ACT DUE TO THE MUTUAL ADVANTAGES OF ARBITRATION OVER BRINGING AN ACTION IN COURT TO RESOLVE A DISPUTE. DECLARANT AND EACH OWNER ACKNOWLEDGE THAT CLASS ACTION CLAIMS ARE INCONSISTENT WITH ARBITRATION UNDER THE FEDERAL ARBITRATION ACT ARBITRATION OF A CLASS ACTION DESTROYS THE ADVANTAGES OF THE ARBITRATION PROCESS SUCH AS SPEED, EFFICIENCY, AND LOWER COSTS DUE TO THE COMPLEXITIES INVOLVED IN A CLASS ACTION. FOR THESE REASONS, DECLARANT AND EACH OWNER MUTUALLY AGREE TO WAIVE THE RIGHT TO BRING A CLASS ACTION CLAIM IN THE ARBITRATION, INCLUDING WITHOUT LIMITATION, CLAIMS BROUGHT AS A CLASS REPRESENTATIVE, CLASS MEMBER, REPRESENTATIVE ON BEHALF OF OTHERS OR PRIVATE ATTORNEY GENERAL ON BEHALF OF THE GENERAL PUBLIC IF IT IS JUDICIALLY DETERMINED BY A COURT THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS ACTION CLAIM SHALL BE LITIGATED IN A COURT OF COMPETENT JURISDICTION IN LIEU OF ARBITRATION GIVEN THAT ARBITRATION IS NOT WELL SUITED FOR CLASS ACTION CLAIMS. 7.2.6 Conflict. In the event of any conflict between the provisions of this Section 7.2 and the Master Dispute Resolution Declaration the terms of the Master Dispute Resolution Declaration shall control ARTICLE 8 DE -ANNEXATION AND SUPPLEMENTARY DECLARATION 8.1 Right of De -Annexation Declarant hereby reserve the right to de -annex any Property pursuant to this Declaration and to delete said property from the scheme of this Declaration provided that the de -annexation shall be made prior to the closing of the sale of the first Lot in the property to be de -annexed 8.2 Supplementary Declarations Supplementary Declarations may be recorded by Declarant for any of the purposes set forth in Section 1.29 above. SMRH:4831-4495-9127 4 -18- KB / The Meadows CC&Rs 040519 OHDW-272803 ARTICLE 9 CITY REQUIRED PROVISIONS 9 1 Termination or Amendment. The City shall have the right to review and approve any proposed amendment or termination of this Declaration when such termination or amendment would alter amend terminate or otherwise impair the rights of the City under those provisions of this Declaration which satisfy the conditions of approval imposed by the City for the Community All proposed amendments shall be submitted to the City's Community Development Services Director and shall be approved in writing by the City Attorney as a precondition of a prior to the recordation of such amendment. 9.2 City Enforcement Rights This Declaration shall be deemed to be covenants running with the land and shall in any event, and without regard to technical classification or designation legal or otherwise be to the fullest extent permitted by law and equity binding for the benefit and favor of and enforceable by the City of Redlands Although the City of Redlands shall be a beneficiary of this Declaration and shall have a right to enforce this Declaration, the City of Redlands shall not be obligated hereunder to exercise such rights of enforcement. ARTICLE 10 GENERAL PROVISIONS 10 1 Constructive Notice and Acceptance Every person who now or hereafter owns or acquires any right, title estate or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to the Covenants contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in said Property 10.2 Rights of Lender Any Owner may encumber such Owner's Lot by a deed of trust or mortgage The beneficiary of any bona fide deed of trust or mortgage made in good faith and for value encumbering any portion of the Property is referred to in this paragraph as a "lender " A breach of any of the provisions of this Declaration shall not affect or impair the hen or charge of any lender A lender who acquires title by foreclosure or deed in lieu of foreclosure shall not be obligated to cure any breach of this Declaration which is noncurable or of a type which is not practical or feasible to cure but otherwise this Declaration shall be binding upon and effective against any Owner who acquires title by foreclosure by Trustee's sale or otherwise It is intended that any loan to facilitate the resale of any portion of the Property after foreclosure or deed in lieu of foreclosure is a loan made in good faith and for value. 10.3 Severability Invalidation of any one of these Covenants by judgment or court order shall in no way affect any other provisions hereof which shall remain in full force and effect. 10.4 Term. The Covenants shall run with and bind the Property and shall inure to the benefit of and be enforceable by the City any Owner and such Owner's heirs, successors and assigns, for a term of sixty (60) years from the date this Declaration is recorded after which time said Covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by the then Owners of a majority of the Lots agreeing to terminate said Covenants together with the consent of the City in whole or in part, has been recorded within one (1) year prior to the termination of the initial sixty (60) year term or within one (1) year prior to the termination of any successive ten (10) year period. 10.5 Covenants Running With The Land Each of the Covenants shall be deemed to be established upon the recordation of this Declaration, and shall thenceforth be deemed to be covenants running with the land for the use and benefit of the Lots, and superior to all other encumbrances applied against or in favor of any portion of the Property SMRH:4831-4495-9127 4 -19- KB / The Meadows CC&Rs 040519 OHDW-272803 10.6 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development, use occupancy and enjoyment of the Property The Article and section headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction 10 7 Amendments Prior to the conveyance of a Lot to a member of the public, Declarant shall be entitled to amend, modify remove and/or restate this Declaration by an instrument executed by Declarant and recorded in the Official Records. Subsequent to the conveyance of a Lot to a member of the public this Declaration may be amended only by the written assent of the Owners of at least sixty- seven percent (67%) of the Lots. This Section shall not be amended to allow amendments by less than sixty-seven percent (67%) of the Owners. So long as Declarant is the Owner of one (1) or more Lots in the Property no amendment, restatement or revocation of any provision of this Declaration shall be effective without the prior approval of Declarant, which approval shall be evidenced by Declarant's written consent to the recordation of such an amendment, restatement or revocation. An amendment made in accordance with the provisions of this Section shall be effective when it is set forth in writing executed before a notary public by the requisite number of Owners and recorded in the Official Records. Upon such recordation, the amendment shall be binding upon all Owners and all mortgagees, regardless of whether such Owner or such mortgagee consented to such amendment. 10.8 Notices All notices other than Plans delivered pursuant to Article 6 permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by registered or certified mail it shall be deemed to have been delivered three (3) business days after a copy of the same has been deposited in the United States mail postage prepaid. Any such notice shall be directed as follows If to Declarant KB HOME Coastal Inc. 36310 Inland Valley Drive Wildomar CA 92595 Attn Mr Scott Hansen If to an Owner To the street address of the Residence or other address the Owner may request 10.9 No Racial Restriction. No Owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale leasing or occupancy of such Owner's Lot on the basis of race sex, color or creed 10 10 Number; Gender The singular shall include the plural and the plural the singular unless the context requires the contrary and the masculine feminine and neuter shall each include the masculine feminine or neuter as the context requires. 10 11 Exhibits All exhibits referred to herein are incorporated by reference. 10 12 Statutory References All references in this Declaration to various statutes, codes regulations ordinances and other laws shall be deemed to include those laws in effect as of the date of this Declaration and any successor laws as may be amended from time to time SMRH:4831-4495-9127 4 -20- KB / The Meadows CC&Rs 040519 OHDW-272803 IN WITNESS WHEREOF Declarant has executed this instrument as of the date set forth below Date June 5, 2019 "DECLARANT' KB MOME Coastal Inc., a California corporation By. Name Scott Hansen - Title \pi 'rufwcrd mon of ni SMRH:4831-4495-9127 4 -21- KB / The Meadows CC&Rs 040519 OHDW-272803 "A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF Ott lc`DQ.N1ec )SS COUNTY OF 2 (. v e_rgsi et e ) On 2Une 1.0, 2.)1 GI before me t. f c (.LC1Q (Ct.trier �lf�(' , Notary `S Public personally appeared Co i"C 14 S -E IV who proved to me on the basis of satisfactory evidence to be the person(*) whose names) is/Eme subscribed to the within instrument and acknowledged to me that he/ehe/they executed the same in his/l3er/t ►eir authorized capacity(ies) and that by his# eN4heir signature(*) on the instrument the persons) or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. This area for official notarial seal CLAUDIA CAMORLINGA Notary Public — Carrfomia Riverside County Commission # 2223835 My Comm. Expires Dec 1 2021 SMRH:4831-4495-9127 4 -22- KB / The Meadows CC&Rs 040519 OHDW-272803 EXHIBIT "A" COVERED PROPERTY LOTS 1 THROUGH 105 INCLUSIVE OF TRACT MAP NO 20126 IN THE CITY OF REDLANDS COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK35 PAGES? THROUGH3A INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY SMRH:4831-4495-9127 4 KB / The Meadows CC&Rs 040519 OHDW-272803 EXHIBIT "B" CITY MAINTAINED AREAS [Attached hereto.] All items and location of items shown on illustration are shown for informational purposes only and should not be relied upon for content, precise design or dimension. The actual conditions will control. SMRH:4831-4495-9127 4 KB / The Meadows CC&Rs 040519 OHDW-272803 PENNSYLVANIA AVENUE 105 104 103 102', z 81 82 83 84 85 86 87 88 89 90 91 92 93 94 80 79 78 77 76 75 74 73 72 71 70 69 68 67 WATERFORD AVENUE 54 55 56 vs 57 58 59 60 81 62 63 64 85 86 Sv xx,k 53 52 51 i k O X►± 50 49 48 47 46 45 44 k GALWAY AVENUE 29 30 31 32 33 34 35 36 37 38 39 40 41 42 28 27 26 25 24 23 22 21 20 19 18 17 16 15 CLAIRE AVENUE 2 3 4 5 8 7 8 9 10 ; F. 11 12 13 14 A i 2 -rbF LUGONIA AVENUE L DATE. 1/07/19 EXHIBIT "B" CITY MAINTAINED AREAS TRACT 20126 LEGEND CITY OWNED & MAINTAINED AREAS �,..A CITY MAINTAINED AREAS WITHIN HOMEOWNER LOTS FROM ROW TO WALL AND A4OW STRIP GRAPHIC SCALE azo 0 tan 200 000 (IN FEET)