47000.1 23115046.8 June 18, 2026
If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a “Restrictive Covenant Modification” form, together with a copy of the attached document with the unlawful provision redacted to the county recorder’s office. The “Restrictive Covenant Modification” form can be obtained from the county recorder’s office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing
or housing for older persons shall not be construed as restrictions based on familial status.
[DRAFT FOR TOWN REVIEW – NOT TO BE RECORDED]
RECORDED AT THE REQUEST OF:
AND WHEN RECORDED, RETURN TO:
HANSON BRIDGETT LLP
Attn: Tara Castro Narayanan
425 Market Street, 26TH Floor
San Francisco, CA 94105
OAK AND VINE
MAINTENANCE DECLARATION
OF
RESTRICTIONS (CC&Rs)
___________________________________
OAK AND VINE
MAINTENANCE DECLARATION OF RESTRICTIONS (CC&Rs)
TABLE OF CONTENTS
This Declaration contains alternative dispute resolution procedures.
These procedures bind subsequent purchasers as well as the initial purchasers. See Claims Procedure in Exhibit G. You are advised to read these procedures carefully and consult with legal counsel if you have any questions.
47000.1 23115046.8 ii June 18, 2026
Article 1 DEFINITIONS............................................................................................................................ 1
1.1 "Access and Utility Easement Area"............................................................................. 1
1.2 "Applicable Laws"......................................................................................................... 1
1.3 "Articles" ....................................................................................................................... 1
1.4 "Board".......................................................................................................................... 1
1.5 "Bylaws"........................................................................................................................ 1
1.6 "Claim".......................................................................................................................... 1
1.7 "Cost Center"................................................................................................................ 1
1.8 "Declarant".................................................................................................................... 2
1.9 "Declaration"................................................................................................................. 2
1.10 "Development".............................................................................................................. 2
1.11 "Driveway" .................................................................................................................... 2
1.12 "Governing Documents" ............................................................................................... 2
1.13 "Group" ......................................................................................................................... 2
1.14 "Group Maintained Improvements" .............................................................................. 2
1.15 "Group Maintained Landscape and Lighting Areas" ....................................................2
1.16 "Group Maintained Perimeter Fencing"........................................................................ 2
1.17 "Group Maintained Perimeter Fencing Details"............................................................2
1.18 "Improvements" ............................................................................................................ 2
1.19 "Lot" or "Residential Lot" .............................................................................................. 3
1.20 "Maintain", "Maintained", "Maintaining", or "Maintenance"...........................................3
1.21 "Map" ............................................................................................................................ 3
1.22 "Member"...................................................................................................................... 3
1.23 "Mortgage".................................................................................................................... 3
1.24 "Mortgagee".................................................................................................................. 3
1.25 "Occupant(s)"................................................................................................................ 3
1.26 "Official Records".......................................................................................................... 3
1.27 "Owner"......................................................................................................................... 3
1.28 "Permittee(s)"................................................................................................................ 3
1.29 "Person"........................................................................................................................ 3
1.30 "Private Stormwater Facility(ies)"................................................................................. 3
1.31 "Rules".......................................................................................................................... 3
1.32 "SB800 Claim".............................................................................................................. 3
1.33 "Shared Stormwater Facilities"..................................................................................... 3
1.34 "Shared Utilities"........................................................................................................... 3
1.35 "Stormwater Agreement".............................................................................................. 3
1.36 "Town" .......................................................................................................................... 3
1.37 "Trash Receptacle Location" ........................................................................................ 4 Article 2 PROPERTY RIGHTS AND EASEMENTS ................................................................................ 4
2.1 Type of Development ................................................................................................... 4
2.2 Property Rights............................................................................................................. 4
2.3 Easements.................................................................................................................... 4
2.4 General Easement Rights ............................................................................................ 5
2.5 Reservation of Rights ................................................................................................... 5
2.6 Authority Over Group Maintained Improvements .........................................................6
2.7 Delegation of Use Rights.............................................................................................. 6
2.8 Driveway Easement...................................................................................................... 7
2.9 Construction Activity ..................................................................................................... 7
2.10 Stormwater Management ............................................................................................. 7 Article 3 MAINTENANCE OBLIGATIONS............................................................................................... 8
3.1 Owners' Maintenance Obligations................................................................................ 8
3.2 Fencing and Walls ........................................................................................................ 8
3.3 Group's Maintenance Responsibility ............................................................................ 9
3.4 Inspection and Maintenance Standards and Guidelines..............................................9 47000.1 23115046.8 iii June 18, 2026
3.5 Trash Removal ...........................................................................................................10
3.6 Reimbursement and Indemnification..........................................................................10 Article 4 THE GROUP ...........................................................................................................................10
4.1 Formation of the Group ..............................................................................................10
4.2 Governing Body..........................................................................................................10
4.3 Membership................................................................................................................10
4.4 Membership Classes and Voting Rights ....................................................................11
4.5 Joint Ownership Votes................................................................................................11
4.6 Powers of the Group...................................................................................................11
4.7 Utility Service to the Group Maintained Improvements ..............................................13
4.8 Financial Reporting Requirements .............................................................................13
4.9 Limitations on Authority of the Board .........................................................................13
4.10 SB800 Claims.............................................................................................................13
4.11 Access to Group Records...........................................................................................14 Article 5 ASSESSMENTS......................................................................................................................14
5.1 Obligations to Pay Assessments................................................................................14
5.2 Annual Regular Assessment ......................................................................................14
5.3 Reserves and Reserve Accounts ...............................................................................14
5.4 Special Assessments .................................................................................................15
5.5 Reimbursement Assessments....................................................................................15
5.6 Assessment Increase Restrictions .............................................................................15
5.7 Commencement of Regular Assessments .................................................................16
5.8 Due Dates of Assessments ........................................................................................16
5.9 Allocation of Regular and Special Assessments........................................................16
5.10 Enforcement of Delinquent Assessments ..................................................................16
5.11 Estoppel Certificate ....................................................................................................16
5.12 Restrictions on Group Funds......................................................................................16 Article 6 INSURANCE............................................................................................................................17
6.1 Owners' Insurance Policy(ies)....................................................................................17
6.2 Group's Liability Insurance .........................................................................................17
6.3 Group's Property Insurance........................................................................................17
6.4 Insurance Rating and Cancellation ............................................................................18
6.5 Board's Authority to Revise Insurance Coverage.......................................................18
6.6 Periodic Insurance Review.........................................................................................18
6.7 Insurance Trustee.......................................................................................................18
6.8 Other Insurance..........................................................................................................18 Article 7 DAMAGE, DESTRUCTION OR CONDEMNATION................................................................19
7.1 Repair or Reconstruction of a Lot...............................................................................19
7.2 Repair or Reconstruction of Group Maintained Improvements ..................................19
7.3 Reconstruction Contract.............................................................................................19
7.4 Completion of Repair or Reconstruction of Group Maintained Improvements...........19
7.5 Condemnation ............................................................................................................19
7.6 Dispute Resolution .....................................................................................................19 Article 8 RIGHTS OF MORTGAGEES ..................................................................................................19
8.1 Lender Definitions.......................................................................................................19
8.2 Encumbrance .............................................................................................................20
8.3 Rights of Institutional Mortgagees ..............................................................................20
8.4 Breaches.....................................................................................................................20 Article 9 AMENDMENTS.......................................................................................................................20
9.1 Amendment Before Close of First Sale ......................................................................20 47000.1 23115046.8 iv June 18, 2026
9.2 Amendment After Close of First Sale .........................................................................20
9.3 Corrections .................................................................................................................21
9.4 Cost Centers...............................................................................................................21
9.5 Mortgagee Reserved Amendment Rights ..................................................................21
9.6 Town Amendment Approval .......................................................................................21 Article 10 DECLARANT DISPUTES........................................................................................................21 Article 11 MISCELLANEOUS PROVISIONS...........................................................................................21
11.1 Headings.....................................................................................................................21
11.2 Severability .................................................................................................................22
11.3 Cumulative Remedies ................................................................................................22
11.4 Discrimination .............................................................................................................22
11.5 Notification of Sale......................................................................................................22
11.6 Reservation or Grant of Easements ...........................................................................22
11.7 Incorporation of Exhibits .............................................................................................22
11.8 Enforcement Rights and Remedies............................................................................22
11.9 Town Step-In Rights ...................................................................................................23
11.10 Term ...........................................................................................................................23
11.11 Reserved Rights of Declarant ....................................................................................23
11.12 Assignment by Declarant............................................................................................24
11.13 Attorneys' Fees...........................................................................................................24
11.14 Notices........................................................................................................................24
11.15 No Enforcement Waiver .............................................................................................24
11.16 Statutory Reference....................................................................................................24 EXHIBIT A – Access and Utility Easement (§§ 1.1, 1.11 and 2.8) EXHIBIT B – Stormwater Facilities (§§1.15, 1.30 and 1.33) EXHIBIT C – Group Maintained Landscape and Lighting (§§ 1.1, 1.15 and 3.1.2) EXHIBIT D – Group Maintained Perimeter Fencing (§§ 1.16 and 0) EXHIBIT E – Group Maintained Perimeter Fencing Details (§ 1.17) EXHIBIT F – Trash Staging Areas (§1.37, 3.5)
EXHIBIT G – Claims Procedure (§1.12 and Article 10)
47000.1 23115046.8 1 June 18, 2026
OAK AND VINE
MAINTENANCE DECLARATION OF RESTRICTIONS (CC&Rs)
THIS DECLARATION OF RESTRICTIONS (CC&Rs) is executed by CROSSROAD CIRCLE, LLC, a California limited liability company (the "Declarant") with reference to the following facts:
A. Declarant is constructing a residential standard subdivision consisting of nine (9) residential lots located on certain real property in the Town of Yountville, State of California, more particularly described on the subdivision map entitled "Oak+Vine Final Map" filed in the records of Napa County, State of California, on _______________, 202__, in Book _______ of Maps at pages ____________________.
B. Declarant has formed Oak and Vine Management Group, a California nonprofit mutual benefit corporation ("Group") to maintain certain Improvements and landscaping within the Development and enforce certain use restrictions. Each lot owner is a member of the Group. The Group will levy assessments against each lot to fund its operations.
C. Declarant desires to impose certain restrictions on the lots in the development that will benefit and bind each lot, and each owner and successive owner thereto, as covenants running with the land pursuant to the provisions of Civil Code Section 1468 and equitable servitudes pursuant to common law principles that benefit and bind each lot, each owner and successive owner thereto, and the Group.
DECLARANT DECLARES AS FOLLOWS:
Article 1
DEFINITIONS
Unless the context indicates otherwise, the following terms shall have the following definitions:
1.1 "Access and Utility Easement Area". The area shown on the Map and Exhibit A encumbering Parcels 1 through 9 containing the Driveway, utilities, and some of the Group Maintained Landscape and Lighting Areas.
1.2 "Applicable Laws". All federal, state and local laws, statutes, acts, ordinances, rules, regulations, permits, licenses and requirements of all governmental authorities (including any agency, authority, board, branch, division, department or similar unit of any federal, state, county, town, district, or other governmental entity having jurisdiction over the Development) that now or hereafter during the term of this Declaration may be applicable to a residential standard subdivision.
1.3 "Articles". The Articles of Incorporation of the Group and any amendments thereto.
1.4 "Board". The Board of Directors of the Group.
1.5 "Bylaws". The Bylaws of the Group and any amendments thereto.
1.6 "Claim". Any claim, liability, dispute, lien, damage, judgment or expense, including reasonable attorneys' fees, from any injury or death to any Person or damage to any property.
1.7 "Cost Center". A cost center designation by the Declarant consisting of a discrete number of Lots that receive special benefits from certain services rendered by the Group and established for the purpose of allocating the costs to provide the special benefits to the Lots that received the special benefits 47000.1 23115046.8 2 June 18, 2026
as described in Section 5.9. The Declarant reserves the right to amend this Declaration and establish Cost Centers as described in Section 9.4.
1.8 "Declarant". Crossroad Circle, LLC, a California limited liability company, or any successor or assign that assumes in writing all or a portion of the rights and duties of the Declarant hereunder. There may be more than one Declarant.
1.9 "Declaration". This Declaration of Restrictions (CC&Rs) and any amendments or corrections thereto.
1.10 "Development". The residential standard subdivision that is constructed on the property shown on the Map and subject to all the provisions in this Declaration, including the Lots and all Improvements thereon.
1.11 "Driveway". The area within the Access and Utility Easement shown on Exhibit A comprising Olive Lane and Olive Court containing the roadbed, sub-base, concrete and/or permeable pavement, curbs, and gutters (if any) serving the Lots.
1.12 "Governing Documents". This Declaration, the Articles of Incorporation, the Bylaws and the Rules, except that the Claims Procedure attached as Exhibit G is not a part of the Governing Documents.
1.13 "Group". Oak and Vine Management Group, a California nonprofit mutual benefit corporation.
1.14 "Group Maintained Improvements". The areas and Improvements that are maintained by the Group. At the time this Declaration is recorded, the Group Maintained Improvements include:
(i) the Driveway;
(ii) the Group Maintained Landscape and Lighting Areas (including the Shared Stormwater Facilities, subject to the provision of certain utilities as described in Section 3.1.1); (iii) the Group Maintained Perimeter Fencing; and
(iv) the Shared Utilities.
1.15 "Group Maintained Landscape and Lighting Areas". The areas shown on Exhibit C containing landscaping adjacent to Yountville Crossroad designated "Frontage Landscape," common lighting (such as bollards) illuminating the Driveway and Development signage, also shown on Exhibit C, and the Stormwater Facilities shown on Exhibit B. The Group Maintained Landscape and Lighting Areas may include trees and vegetation along the Development frontage. Landscaping on a Lot that is not described as a Group Maintained Landscape and Lighting Area shall be maintained by the Owner of the Lot as described in Section 3.1.2.
1.16 "Group Maintained Perimeter Fencing". The fencing on the perimeter of the Development, specifically on the westerly/rear yards of Lots 1, 2, and 3, the westerly and northerly boundaries of Lot 4, the northerly and easterly boundaries of Lot 5, and the easterly boundaries of Lots 8 and 9, all as shown on Exhibit D.
1.17 "Group Maintained Perimeter Fencing Details". A depiction of the types of fence between the Development and properties adjacent thereto to the west and north, as shown on Exhibit E.
1.18 "Improvements". Any property in the Development constituting a fixture within the meaning of Civil Code Section 660.
47000.1 23115046.8 3 June 18, 2026
1.19 "Lot" or "Residential Lot". Each of Lots 1 through 9 as shown on the Map.
1.20 "Maintain", "Maintained", "Maintaining", or "Maintenance". Unless expressly stated otherwise, "maintain", "maintained", "maintaining" or "maintenance" as used in this Declaration includes inspection, cleaning, maintenance, repair, upgrading and/or replacement.
1.21 "Map". The subdivision map entitled "Oak+Vine Final Map" filed for record in Napa County, California, on _______________, 202__, in Book ______ of Maps at pages ________________________, including any subsequently-recorded modifications such as amended final maps, parcel maps, certificates of correction, lot-line adjustments, and/or records of survey.
1.22 "Member". A member of the Group.
1.23 "Mortgage". A recorded mortgage or deed of trust against one or more Lots in the Development.
1.24 "Mortgagee". A mortgagee under a Mortgage or a beneficiary under a deed of trust recorded against a Lot in the Development.
1.25 "Occupant(s)". Any Person entitled to use and reside in a Lot pursuant to an ownership right or any lease, license or other similar agreement with the Owner of the Lot.
1.26 "Official Records". shall mean and refer to the Office of the Napa County Recorder.
1.27 "Owner". The owner or owners of the fee (perpetual) estate of a Lot in the Development.
1.28 "Permittee(s)". All Owners and Occupants and their agents and invitees.
1.29 "Person". Any natural person, partnership, trust, corporation, limited liability company, or other legal entity.
1.30 "Private Stormwater Facility(ies)". The stormwater treatment bioretention areas shown on Exhibit B as "Private Stormwater Facility" followed by a Lot number, which are bioretention areas that benefit the identified Lot to be maintained by the Owner of the Lot.
1.31 "Rules". Rules or regulations adopted by the Board from time to time pursuant to the authority of Section 4.6.2.
1.32 "SB800 Claim". Any claim, cost, expense, liability, action and/or damage, including without limitation, attorneys' fees and costs and costs of enforcement, relating to the use, condition, design, specifications, surveying, grading, construction, installation and/or operation of any Improvements or landscaping located within the Development.
1.33 "Shared Stormwater Facilities". The stormwater treatment bioretention areas and bioswales shown as "Commonly Maintained Stormwater Facility" on Exhibit B and shown as "Bioretention" on Exhibit C, which are stormwater treatment and management areas that benefit the Development as a whole.
1.34 "Shared Utilities". The common electricity meter to provide lighting to the Driveway.
1.35 "Stormwater Agreement". The "_______________" that was recorded on _____, 202_____, as Document No. __________ in the Official Records, including any amendments or corrections thereto.
1.36 "Town". The Town of Yountville, California.
47000.1 23115046.8 4 June 18, 2026
1.37 "Trash Receptacle Location". The areas shown on Exhibit F in which trash and recycling containers are to be placed by the designated Lot Owners for trash pickup.
Article 2
PROPERTY RIGHTS AND EASEMENTS
2.1 Type of Development. This Development is a standard subdivision and consists of nine (9) Residential Lots. The Development is not a common interest development.
2.2 Property Rights. Each Owner owns a fee (perpetual) estate in a Residential Lot and is a Member of the Group.
2.3 Easements. The Development is subject to the easements described in this Section 2.3 and the general easement rights described in Section 2.4.
2.3.1 Encroachment and Maintenance Easement. Declarant grants to the Owner of each Lot an easement benefitting the Owner's Lot, as the dominant tenement, over each adjoining Lot, as the servient tenement, for the purposes of: (i) access to that portion of the servient tenement as may be reasonably necessary to perform any of the maintenance described in Article 3 regarding any portion of any Improvement on the dominant tenement that is located on or within three feet (3') of the common boundary line; and (ii) accommodating any encroachment of roof overhangs, windows, eaves or other residential structural Improvements resulting from the original construction of the Improvements, settlement or shifting of structures, and minor original construction changes during the course of construction, and any encroachment easements granted in accordance with Section 2.6. Prior to entering the servient tenement for purposes of maintenance, the Owner or Occupant of the dominant tenement shall provide the Owner or Occupant of the servient tenement with at least three (3) days prior notice except in the event of an emergency. The extent of the encroachment easement shall be the location of the encroaching structure as originally constructed by Declarant and reasonable access to the servient tenement in order to maintain the encroaching Improvement. If a structure on any Lot is partially or totally destroyed, the structure may be repaired or rebuilt in accordance with the original plans, including the replacement of any encroaching Improvement.
2.3.2 Utility Easement. Declarant grants to the Owner of each Lot an easement benefitting the Owner's Lot, as the dominant tenement, over each other Lot, as the servient tenement, that contains any utility equipment that serves the dominant tenement for the installation, maintenance and retention of any utility lines and equipment installed within the servient tenement as a part of the original construction of the Development that provides utility service to the dominant tenement and/or any Group Maintained Improvement, including, but not limited to, electricity, gas (if applicable), and water. If the easement is not shown on the Map, the easement is limited to the area within which the utilities were originally installed or are relocated with the prior written consent of the Owner of the servient tenement.
2.3.3 Drainage Easements. Declarant grants to the Owner of each Lot an easement benefitting the Owner's Lot, as the dominant tenement, over each other Lot, as the servient tenement, for:
(i) the retention or maintenance of any storm drainage system installed on the servient tenement as a part of the original construction of the Development; and (ii) the flow of surface and subsurface waters through and over any drainage system and/or drainage patterns established as a part of the original construction of the Development.
2.3.4 Group Maintenance Easement. Declarant grants to the Group and each Owner an easement benefitting the Owner's Lot, as the dominant tenement, over each other Lot, as the servient tenement, for purposes of providing the agents of the Group such access as may be reasonably necessary to perform the Group's maintenance duties as described in Article 3.
2.3.5 Map Easements. Each Lot is subject to the easements shown on the Map that encumber that Lot. Declarant grants to each Lot an easement benefitting the Owner's Lot as the dominant tenement over each other Lot as the servient tenements for the easements described on the Map that 47000.1 23115046.8 5 June 18, 2026
benefit the dominant tenement and burden the servient tenements as shown on the Map. The Lots also are subject to and/or benefit from the applicable public easements shown on the Map, including an "Access & Utility Easement" identified as "Parcel X" on the Map.
2.4 General Easement Rights. Each easement described in Section 2.3 is subject to, and construed in accordance with, the following provisions, except as otherwise expressly provided for elsewhere in this Declaration:
(i) the easement is appurtenant to the dominant and servient tenements and any transfer of a dominant or servient tenement automatically transfers the easement appurtenant thereto regardless of whether the easement is described in the instrument of transfer; (ii) the easement is in perpetuity unless otherwise terminated by operation of law;
(iii) no easement may be modified or relocated except with the written consent of the Owners of the dominant and servient tenements;
(iv) except as otherwise provided in Article 3, the Owner of the dominant tenement shall maintain the Improvements and landscaping (if applicable) within any easement that exclusively benefits the dominant tenement;
(v) the Owner of the dominant tenement shall indemnify, defend and hold harmless the Owner of the servient tenement against any Claims that occur in connection with the use or maintenance of the easement as a result of any act or omission by the Owner, Occupant or their Permittee except to the extent the Claim is covered under insurance maintained by the Group (any deductibles or costs in excess of available coverage amounts shall be paid by the Owner); (vi) all easement uses shall comply with the covenants, rights, duties and restrictions set forth in this Declaration, with all Applicable Laws, and with any Rules adopted by the Board under the provisions of Section 4.6.2;
(vii) each easement granted hereunder exists by virtue of this Declaration, without the necessity of confirmation by any other documents; (viii) the easements are nonexclusive unless expressly provided otherwise; (ix) no easement provided or reserved under this Declaration shall restrict the Owner of the servient tenement from granting other easements or interests therein as long as the other easement or interest does not unreasonably interfere with the easement rights of the dominant tenement; (x) easement access and use rights are subject to the rights reserved in Section 2.5 and the rights of Declarant as described in Section 11.11; and (xi) if the dominant and servient tenements are owned by the same Owner, the easement shall be effective automatically on the date the dominant and servient tenements no longer are owned by the same Owner regardless of whether the instrument of transfer separating the ownership describes the easement.
2.5 Reservation of Rights. Notwithstanding any property rights, including easements, granted or reserved herein, each Lot is subject to each of the following:
(i) the right of Declarant or its agents to enter on any portion of the Development to construct the Improvements that Declarant intends to construct within the Development, to advertise and sell Lots in the Development, to make repairs, and to correct any construction problems 47000.1 23115046.8 6 June 18, 2026
thereon, provided that such entry does not unreasonably interfere with the use or occupancy of any occupied Lot unless authorized by its Owner, which authorization shall not be unreasonably withheld, conditioned or delayed;
(ii) the right of the Declarant, its agents, and its successors and assigns to use any portion of one or more of the Lots owned by Declarant from time to time as a sales model or display, sales and/or leasing office, and may conduct reasonable activities related to sales and customer service therein, until such time as the last Lot is sold;
(iii) the right of the Group's agents to enter any Lot to cure any violation or breach of the Governing Documents, provided that at least thirty (30) days' prior written notice of such violation or breach (except in the cases of emergency) has been given to the Owner and provided that within the thirty (30) day period such Owner has not acted to cure such violation or breach; (iv) the right of the Group's agents to enter any Lot to perform its obligations and duties under this Declaration, including the obligations and the duties with respect to maintenance of any Improvement or landscaping located on the Lot;
(v) the rights reserved in Sections 2.6 and 11.11; and
(vi) the right of the Group to adopt and enforce the Rules as described in Section 4.6.2.
2.6 Authority Over Group Maintained Improvements. The Board or Declarant (as long as Declarant owns twenty-five percent (25%) or more of the Lots in the Development) shall have the power and the right in the name of the Group and all of the Owners as their attorney-in-fact, to grant, convey or otherwise transfer to any Owner or any other Person easements, leasehold estates, exclusive use easements or rights, licenses, lot-line adjustments, rights-of-way and/or dedications in, on, over or under the Group Maintained Improvements, in order to: (i) construct, erect, operate, maintain or replace lines, cables, wires, conduits or other devices for electricity, cable television, internet services, fiber optics, and other telecommunications equipment, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkler systems, water, heating and/or gas (if applicable) lines or pipes and any similar public or quasi-public Improvements or facilities; or (ii) accomplish any other purpose that in the sole discretion of the Board or Declarant is in the interest of the Group and its Members and does not unreasonably interfere with the use and enjoyment of the Group Maintained Improvements. Each Owner in accepting a deed to a Lot expressly consents to such action and authorizes and appoints the Group and Declarant (as long as Declarant owns twenty-five percent (25%) or more of the Lots in the Development) as attorney-in-fact of such Owner to execute and deliver all documents and interests to accomplish the action, including, but not limited to, grant deeds, easements, subdivision maps, and lot-line adjustments. Notwithstanding anything herein to the contrary, in no event shall the Board or Declarant take any action authorized hereunder that would permanently and unreasonably interfere with the use, occupancy and enjoyment by any Owner of his or her Lot without the prior written consent of that Owner.
Further notwithstanding anything herein to the contrary, all lines, cables, wires, conduits or other devices for electricity, cable television, internet services, fiber optics, and other telecommunications equipment, power, telephone and other purposes, storm water drains and pipes, water systems, sprinkler systems, heating and/or gas (if applicable) lines or pipes and any similar Improvements or facilities are expected to be undergrounded unless a variance is granted by a governmental entity or regulated utility company.
2.7 Delegation of Use Rights. An Owner's Permittees may use and benefit from any Group Maintained Improvements. All such use shall be subject to restrictions contained in the Governing Documents. If an Owner leases or rents his or her Lot, neither the Owner nor the Owner's Permittees shall be entitled to use any Group Maintained Improvements other than such use as is directly related to the Owner's rights and duties as a landlord. Such rights may be enjoyed by the Occupant and Occupant's Permittees during the term of the rental agreement. Any Lot or portion thereof (e.g., an accessory dwelling unit) to be used as a rental must be registered with the Town and shall comply with all Applicable Laws. 47000.1 23115046.8 7 June 18, 2026
2.8 Driveway Easement. All of Lots 1 through 9, inclusive, shown on the Map share a common Driveway situated within the Access and Utility Easement as shown on Exhibit A. The Driveway provides necessary ingress and egress to and from the Lots (in addition to containing other Improvements described as Group Maintained Improvements and utilities). The purposes of this Section 2.8 are to: (i) grant access and utility easements over the Access and Utility Easement Area; (ii) provide for maintenance and repair of the Access and Utility Easement Area; and (iii) establish covenants that run with the land under Civil Code Section 1468 and qualify as equitable servitudes under common law that benefit and bind each of Lots 1 through 9, and each Owner and successive Owner thereof.
2.8.1 Grant of Easements. Declarant grants to the Owners of Lots 1 through 9 nonexclusive easements in, on and over each of the Lots, as the servient tenement, benefitting the Lots, as the dominant tenement, for: (i) vehicular and pedestrian ingress and egress over the Driveway; (ii) the installation, maintenance, repair and replacement of any utility improvements installed within the Access and Utility Easement Area that provide utility service to the dominant tenement, including the landscape irrigation equipment serving Group Maintained Improvements located in the Access and Utility Easement Area; and (iii) access to the Access and Utility Easement Area and any area immediately abutting the Access and Utility Easement Area as may be necessary to perform the maintenance described in Article
3. The easements are appurtenant to the dominant tenement and servient tenement, and any conveyance of the dominant or servient tenement, whether voluntary or involuntary, automatically conveys the easements appurtenant thereto regardless of whether the instrument of conveyance describes the easements. The easements are in perpetuity unless otherwise terminated by operation of law.
2.8.2 Parking Prohibition. The Access and Utility Easement Area shall be kept free and clear for ingress and egress at all times, and no Owner, Occupant, or Permittee shall park any vehicle or other equipment within the Access and Utility Easement Area at any time for any purpose. Any vehicle parked within the Access and Utility Easement Area may be towed at the vehicle owner's expense. Prior to the towing of a vehicle, a written warning notice shall be placed on the vehicle that the vehicle shall be towed within 24 hours, provided that no notice shall be required if the vehicle blocks access to a Lot, ingress or egress by emergency vehicles, or otherwise constitutes a safety hazard, in which case the vehicle may be towed immediately. Under no circumstances shall the Owner be liable in any manner for the towing of a vehicle as long as the Owner acted in good faith based on a reasonable belief that the vehicle was wrongfully parked within the Access and Utility Easement Area.
2.9 Construction Activity. Each Owner acknowledges that: (i) the construction of the Development may occur over an extended period of time; (ii) the quiet use and enjoyment of the Owner's Lot may be disturbed as a result of the noise, dust, vibrations and other effects of construction activities; and (iii) the disturbance may continue until the completion of the construction of the Development.
2.10 Stormwater Management. The Town and Declarant (as the property owner) will enter into a Stormwater Agreement regarding the maintenance of the Shared Stormwater Facilities for the Development. Representatives and agents of the Town, San Francisco Bay Regional Water Quality Control Board, Napa County Department of Environmental Health-Vector Control District, and their authorized agents and employees may enter any and all portions of the Development (including each Lot) for the purpose of verifying the proper operation and maintenance of the Shared Stormwater Facilities. Updated information, including contact information, shall be provided to the Town whenever a Lot is sold.
This Section 2.10 is a brief summary only of the Stormwater Agreement. In the event of any conflict between the Stormwater Agreement and this Section 2.10, the Stormwater Agreement shall control.
Effective on the date the Group commences its operation as described in Section 4.1, the Group shall assume the rights and duties of the property owner under the Stormwater Agreement for operation and maintenance of Shared Stormwater Facilities under any such Stormwater Agreement, shall include its costs to comply therewith in the assessments levied against the Lots in the Development, and the Declarant shall be released of any and all responsibility under the Stormwater Agreement thereafter. The Board shall have the full right, power and authority to act on behalf of the Group and its Members with respect to the rights and obligations under the Stormwater Agreement, and the consent of the Members shall not be required. 47000.1 23115046.8 8 June 18, 2026
Article 3
MAINTENANCE OBLIGATIONS
3.1 Owners' Maintenance Obligations. Except for that portion of any Lot maintained by the Group as described in Section 3.3 or shared as described in Section 3.2, each Owner shall maintain the Owner's Lot, solar energy systems, life safety systems, and any other Improvements thereon in good condition and repair at all times, including the residence and any other Lot Improvements. Each Owner shall comply with the following: (i) the maintenance standards and guidelines described in Section 3.4 and (ii) commonly-accepted owners' maintenance obligations.
3.1.1 Utilities. Each Lot Owner shall be responsible for maintaining utility lines and/or equipment that exclusively serve the Lot, including any portion of an interconnected system such as lateral plumbing pipes or electrical lines exclusively serving the Lot, even if located in the Access and Utility Easement Area. Water and electricity for the irrigation for Shared Stormwater Facilities that are maintained by the Group as Group Maintained Improvements is expected to be wired or plumbed to the Lot adjacent to the Shared Stormwater Facility. Each impacted Owner shall ensure that such utilities are operational at all times and may not turn off the utilities that serve the Shared Stormwater Facilities.
3.1.2 Landscaping. Except for the Group Maintained Landscape and Lighting Areas, each Owner shall maintain the landscaping and irrigation components and provide water for the landscaping on the Owner's Lot. Unless Declarant has done so, Owners shall install Improvements for the fenced rear and/or side yard(s) of their Lots within nine (9) months after each Owner acquires title to his or her Lot. Prior to when such landscaping has been installed and is at a stage where it is effective at substantially reducing runoff from siltation, Owners shall install sandbags or similar devices to limit siltation from their Lots from entering any storm drain system or public street in compliance with the Federal Clean Water Act and applicable Best Management Practices ("BMPs"). Each Owner shall maintain the landscaping within the portion of any storm drainage system located on the Owner's Lot labeled "Private Stormwater Facilities" on Exhibit B not shown as a Group Maintained Landscape and Lighting Area on Exhibit C.
The Town requires that only plants with a maximum mature height of no more than three feet (3') may be planted within thirty-five feet (35') of the intersection of the Driveway with Yountville Crossroad on Lots 1 and 7.
3.1.3 Storm Drainage System. All Stormwater Facilities shown on Exhibit B, whether privately-maintained or Group-maintained, shall be maintained in accordance with the Stormwater Agreement. No Private Stormwater Facilities or Shared Stormwater Facilities, including structure and plantings, may be modified without the prior written approval of the Town Engineer.
3.1.4 Association's Rights and Duties Concerning Owner Obligations. Each Owner shall allow agents of the Group access to the Owner's Lot for purposes of performing any of the Group's maintenance obligations under this Declaration. If an Owner fails or refuses to provide access, the Owner shall be subject to reimbursing the Group for maintenance costs that could have been avoided if access had been provided. Further, if any Owner fails to maintain his or her Lot as required herein, after notice and hearing as required by Applicable Laws, the Group may, but is not obligated to, enter the Lot and perform the necessary maintenance. The Group may levy a reimbursement assessment against the Owner of the Lot.
3.2 Fencing and Walls.
3.2.1 Group Maintained Perimeter Fencing. The Group shall maintain the Group Maintained Perimeter Fencing shown on Exhibit D. Nothing in this Section 3.2 precludes the Group or individual Lot Owners from seeking contribution from neighboring properties outside the Development for maintenance of shared fencing. Owners are responsible for maintaining any plantings installed along the Group Maintained Perimeter Fencing.
47000.1 23115046.8 9 June 18, 2026
3.2.2 Fences and Walls on a Lot. All fences on a Residential Lot, including side yard fences and fences located on a common boundary between Owners' Lots, shall be maintained by the Owners individually or, if shared, as good neighbor fences as described by Civil Code Section 841.
3.3 Group's Maintenance Responsibility. The Group shall be responsible for maintaining the Group Maintained Improvements.
3.4 Inspection and Maintenance Standards and Guidelines.
3.4.1 Maintenance Standards. All Improvements in the Development shall be maintained at all times: (i) in good condition and repair; (ii) in a neat, clean and sanitary condition; and (iii) in proper operating condition. It is intended that the Improvements be maintained in a like-new condition similar to the condition on the completion of the original construction, except for ordinary and reasonable wear and tear. In addition, to the extent applicable, all Improvements and landscaping shall be maintained in compliance with the maintenance and inspection guidelines described in Section 3.4, in compliance with the plans approved by the Town, and commonly-accepted owners' maintenance obligations. Each party responsible for maintenance shall have the Improvements on the party's property periodically inspected for construction material destroying pests or organisms and, if necessary, immediately shall take appropriate corrective action therefor.
3.4.2 Residences. The exterior surfaces of the residences (including the siding, rain gutters, and downspouts) shall be periodically repainted and the roof materials periodically replaced in accordance with a schedule that maintains substantially the same quality of appearance as existed at the time original construction was completed and no less frequently than the periodic repainting and re-roofing recommendations of the manufacturer and/or the guidelines described in Section 3.4. Maintenance shall include periodic inspection of balcony surfaces for evidence of leaks and the immediate repair of any balcony surface that is damaged or penetrated in any manner. Owners must take appropriate precautions to prevent the waterproofing from being penetrated by sharp objects.
3.4.3 Storm Drainage Systems. Storm drainage systems, including any intake drains, catch basins or area basins shall be kept free and clear of litter, debris, obstruction, and stored materials at all times. No Owner shall take any action that would interfere with the operation of the storm drainage system in any manner, or modify any drainage or flow pattern, including altering the grading on any Lot, unless approved by the Town. Any such modifications shall be performed in compliance with all Applicable Laws.
3.4.4 Landscaping. Landscaping shall be maintained in a healthy and weed-free condition. Dying or dead vegetation shall be immediately removed and replaced. Maintenance shall include regular fertilization, mowing, irrigation, pruning and trimming, elimination of pests or diseases, and other customary prudent landscaping practices. Appropriate steps shall be taken to maintain the irrigation of the landscaping and to prevent damage resulting from misdirected and/or excessive watering or runoff.
Trees and vegetation along the Development frontage shall be trimmed and pruned to provide the Corner Site Distance required by the Caltrans Highway Design Manual, consistent with the Site Distance Analysis prepared by the Project Engineer dated 4/24/2024. In addition, the trees along the Development frontage shall be kept trimmed to maintain fourteen and one-half feet (14.5') vertical clearance in the travelled way.
3.4.5 Driveway. Driveway maintenance shall include the maintenance of all paved surfaces and curbs in a smooth, level and evenly covered condition with the type of material originally installed or material that is similar in quality, use and durability; installing, replacing and keeping in good repair and operation of all necessary and appropriate lights, signage (if applicable), striping lanes, curbs and gutters; and performing periodic sweeping and removal of debris.
3.4.6 No Interference with Property of Another. No Owner shall excavate, alter, remove or otherwise disturb any Improvements or landscaping situated within the property of another without the prior written consent of the property owner (or the Board, if Group Maintained Improvements) unless immediate repair is necessary to prevent damage to property or injury to any Person. If an Owner or the 47000.1 23115046.8 10 June 18, 2026
Group must excavate or otherwise disturb the Access and Utility Easement Area in order to repair or replace any utilities, the party shall give the Group and the other Owners such advance notice as is reasonable under the circumstances and no less than ten (10) days except in the case of an emergency. The work shall be performed only by contractors duly licensed by the State of California and all required permits and other governmental approvals shall be obtained before commencement of the work. The party shall use all reasonable efforts to complete the repairs diligently, to minimize any interference with the use of the Access and Utility Easement Area, and to restore the Access and Utility Easement Area to the same or better condition it was in prior to the commencement of the repairs immediately after completion of the repair work. The party performing the work shall defend, indemnify and hold the Group and other Owners harmless against any Claim arising out of any such repair work.
3.5 Trash Removal. Each Owner shall be responsible for the removal of all trash and recycling from that Owner's Lot. Each Owner shall engage a trash removal service for the weekly removal of trash and recycling from the Owner's Lot unless the Board approves some other arrangement in writing. All trash and recycling shall be kept only in sanitary containers, which shall be kept in the areas within the garage or otherwise screened from view from any other Lot except on trash collection day if curbside service is provided.
Trash and recycling containers shall be placed outside for curbside service no earlier than the evening before collection day and shall be retrieved no later than the evening of collection day. Owners shall transport trash and recycling containers to their designated staging area on the easterly side of Olive Lane and/or the northerly side of Olive Court (the "Trash Staging Areas"). Occupants of homes within the Development are restricted from parking within the Trash Staging Areas shown on Exhibit F during specified trash collection days and times, which may be identified by signage or other means approved by the Town. The Board may adopt Rules regulating the areas where containers may be stored and areas for curbside service.
3.6 Reimbursement and Indemnification. If the Group incurs any maintenance costs because of the willful or negligent act or omission of any Owner or Occupant or their Permittees, the Group shall charge the cost to the Owner of the Lot responsible for the costs and may levy a reimbursement assessment as described in Section 5.5. The Owner immediately shall pay the charge or reimbursement assessment to the Group, together with interest thereon at the rate of twelve percent (12%) per annum, but not in excess of the maximum rate authorized by Applicable Laws. If the Owner disputes the charge, the Owner shall be entitled to notice and a hearing as provided in Section 4.6.4. The Group shall not charge the Owner to the extent that the cost is met through insurance maintained by the Group, provided that any deductible amount and any costs in excess of such insurance coverage shall be paid by the Owner. Furthermore, the Owner shall defend, indemnify and hold the Group harmless from any Claim arising from such damage.
Article 4
THE GROUP
4.1 Formation of the Group. The Group is a nonprofit mutual benefit corporation formed under the laws of the State of California. The Group shall commence operations no later than the date that assessments commence as described in Section 5.7. Pending the commencement of the Group's operations, Declarant shall perform the duties and shall have the rights of the Group as described herein.
4.2 Governing Body. The governing body of the Group shall be the Board. It shall be the responsibility of the Board to ensure that the Group exercises its rights and performs its duties as described within the Governing Documents and any amendments thereto. The Board shall adopt Rules regarding the elections to the Board and related matters that satisfy applicable requirements of the Corporations Code.
4.3 Membership. Each Owner shall automatically be a Member of the Group at the time voting rights vest as described in Section 4.4. If there is more than one fee title Owner of a Lot, each Owner shall be a Member. The holder of a security interest in a Lot shall not be a Member of the Group except and until that holder obtains both the legal and equitable interest in the Lot. Membership shall be appurtenant to the Lot and may not be separated therefrom. Any transfer of an Owner's interest in a Lot (other than a 47000.1 23115046.8 11 June 18, 2026
security interest), by operation of law or otherwise, automatically transfers the membership to the Owner's successor in interest. No Owner may resign or revoke his or her membership for any reason.
4.4 Membership Classes and Voting Rights. The Group shall have the following two (2) classes of voting memberships:
4.4.1 Class A. Class A Members are all Owners except the Declarant (so long as Class B membership remains). Class A Members shall be entitled to one vote for each Lot in which he or she owns an interest. If more than one Owner owns an interest in a Lot, only one vote may be cast with respect to that Lot.
4.4.2 Class B. The Class B Member shall be the Declarant, who shall be entitled to three (3) votes for each Lot owned by the Declarant. Class B membership shall irreversibly convert to Class A membership on the first to occur of the following:
(i) the total outstanding votes held by the Class A Members equal the total outstanding votes held by the Class B Member; or
(ii) the second (2nd) anniversary of the first conveyance of a Lot in the Development.
Voting rights shall vest at the time that assessments are levied against the Owner's Lot.
All matters requiring the approval of the Members shall be approved if: (a) approved by a majority of the votes cast either in person or by proxy at a duly-held regular or special meeting at which a quorum was present; (b) approved by a majority of the written ballots cast in compliance with the requirements of Corporations Code Section 7513 or any successor statute thereto; or (c) approved by unanimous written consent of all the Members.
4.5 Joint Ownership Votes. The vote that is attributed to each Lot may not be cast on a fractional basis. If the Lot has more than one Owner and the Owners are unable to agree as to how the vote shall be cast, the vote shall be forfeited on the matter in question. Any vote cast by an Owner for any Lot is presumed conclusively to be the vote cast by all the Owners of that Lot. If more than one Owner casts a vote attributed to a Lot on any matter on which only one vote could be cast for that Lot, the votes cast by such Owners shall be counted as one vote if the votes are the same, and if the votes are different, the vote cast by such Owners shall not be counted and shall be forfeited.
4.6 Powers of the Group. The Group shall have all the powers of a nonprofit mutual benefit corporation organized under the general nonprofit mutual benefit corporation laws of California, subject only to such limitations on the exercise of these powers as are set forth in the Governing Documents. The Group shall have the power to do any lawful thing that may be authorized, required or permitted to be done by the Group under the Governing Documents and to do and perform any act that may be necessary or proper for or incidental to the exercise of any of the express powers of the Group, including, without limitation, each of the following:
4.6.1 Levying Assessments. The Board shall establish, fix and levy assessments against the Lot and collect and enforce payment of such assessments in accordance with the provisions of Article 5 of this Declaration.
4.6.2 Adopting Rules. The Board may adopt, amend and repeal Rules as it considers appropriate. Rules shall apply generally to the management and operation of the Development and/or the conduct of the business and affairs of the Group and may regulate the use and enjoyment of the Group Maintained Improvements and such other matters as are authorized in this Declaration. If any provision of the Governing Documents is inconsistent with or materially alters any Rules, the Governing Documents 47000.1 23115046.8 12 June 18, 2026
shall control to the extent of any such inconsistencies. Members shall have the same access to the Rules as they have to the accounting books and records of the Group.
Any Rules adopted by the Board shall apply to all Owners or Occupants in a uniform and nondiscriminatory manner. The Board may adopt a Rule as the result of an act or omission of any Owner or Occupant or their family members or guests or a Rule that does not directly affect all Owners or Occupants in the same manner as long as the Rule applies to all Owners or Occupants.
4.6.3 Borrowing Money. The Board may borrow money to meet any anticipated or unanticipated cost of the Group and may mortgage, encumber or pledge Group assets (including, but not limited to, assessments) as security for such borrowing.
4.6.4 Imposing Disciplinary Action. In addition to any other enforcement rights described in the Governing Documents or as may be authorized by Applicable Laws and subject to the due process requirements imposed by the Governing Documents or by Applicable Laws, the Board may take any of the following actions against any Person whose act or failure to act violates or threatens to violate any provisions of the Governing Documents: (a) impose monetary penalties, including late charges and interest; and (b) commence any legal or equitable action for damages, injunctive relief or both. Subject to the provisions of Section 11.8, the determination of whether to impose any of the foregoing sanctions shall be within the sole discretion of the Board. Any legal action may be brought in the name of the Group on its own behalf and on behalf of any Owner who consents and, except as otherwise provided herein, the prevailing party in such action shall be entitled to recover costs and reasonable attorneys' fees. The Board, in its sole discretion, may resolve or settle any dispute, including any legal action in which the Group is a party, under such terms and conditions as it considers appropriate. (i) If the Board adopts a policy imposing monetary penalties, including any fee on any Member for a violation of the Governing Documents or the Rules, including any monetary penalty relating to the activity of a Member or Member's Permittee or the Member's Occupant or their Permittee, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall distribute a notice of such changes to the Members in the same manner as the schedule of penalties. (ii) The imposition of any disciplinary action, including, but not limited to, the imposition of monetary penalties or the suspension of use and/or voting privileges except as otherwise noted herein, shall be subject to the following procedures and requirements:
(a) Notice of Hearing. Prior to the time the Board meets to consider or impose discipline upon a Member, the Board shall notify the Member, by either personal delivery or firstclass mail, at least fifteen (15) days prior to the meeting. The notice shall contain, at a minimum, the date, time and place of the meeting, the nature of the alleged violation for which the Member may be disciplined, and a statement that the Member has a right to attend and may address the Board at the meeting. (b) Hearing. If requested by the Member, the Board shall conduct the disciplinary proceeding in executive session. The Member, the Member's legal counsel, and the Group's legal counsel shall be entitled to attend the executive session meeting. The Board may interview witnesses and other interested parties in executive session.
(c) Notice of Action Taken. If the Board elects to impose discipline on the Member, the Board shall notify the Member of the disciplinary action within ten (10) days following the election to impose the disciplinary action.
(d) No Forfeiture. Under no circumstances may the Group cause a forfeiture or abridgement of an Owner's right to the full use and enjoyment of the Owner's Lot on account of the failure of the Owner to comply with the provisions of the Governing Documents, except by judgment 47000.1 23115046.8 13 June 18, 2026
of a court or decision of an arbitrator or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments duly levied by the Group. (e) Assessment Charges. The provisions of this Section 4.6.4 do not apply to charges imposed against a Member for reasonable late payment penalties or charges to reimburse the Group for loss of interest and for costs reasonably incurred (including attorneys' fees) in collecting delinquent assessments.
4.6.5 Delegating Duties. Except as may be limited by the Bylaws, the Board may delegate any of the Group's powers and duties to its employees, committees or agents, including a professional management agent.
4.6.6 Implementing Special Fees. The Board may implement special fees to reimburse the Group for special costs incurred as a result of actions taken by Owners. Fees not paid in a timely manner may be collected through a reimbursement assessment levied against the Owner's Lot.
4.6.7 Dispute Resolution Procedures. The Board shall implement dispute resolution procedures for disputes between the Group and a Member involving the rights, duties or liabilities under the Governing Documents, the Davis-Stirling Act or the Nonprofit Mutual Benefit Corporation Law (Corporations Code Sections 7110-8910).
4.7 Utility Service to the Group Maintained Improvements. The Group shall acquire, provide and pay for (if applicable) water, electrical, and other necessary utility services for the Group Maintained Improvements.
4.8 Financial Reporting Requirements. The Group shall prepare and distribute such financial reports as may be required by the Board or by Applicable Laws.
4.9 Limitations on Authority of the Board. The Group is prohibited from taking any of the following actions:
(i) except as otherwise provided in law, or order of the court, or an order pursuant to a final and binding arbitration decision, the Group shall not deny an Owner or Occupant physical access to his or her Lot;
(ii) the Group may not voluntarily assign or pledge the Group's right to collect payments or assessments or to enforce or foreclose a lien to a third party except when the assignment or pledge is made to a financial institution or lender chartered or licensed under Applicable Laws when acting within the scope of that charter or license as security for a loan obtained by the Group; however, the foregoing provision may not restrict the right or ability of the Group to assign any unpaid obligations of a former Member to a third party for purposes of collection; (iii) adopt a Rule or regulation that arbitrarily or unreasonably restricts an Owner's ability to market the Owner's Lot; or
(iv) establish an exclusive relationship with a real estate broker through which the sale or marketing of Lots is required to occur.
4.10 SB800 Claims. The sole and exclusive authority to initiate SB800 Claims on behalf of the Group in connection with Improvements or landscaping maintained by the Group for violations of the functionality standards set forth in Civil Code Sections 896 and 897 shall rest with the Board members elected solely by Class A Members described in Section 4.4.1 of this Declaration (the "Non-Declarant Directors"). Any Non-Declarant Director may at any time request a meeting for the purpose of discussing, inspecting, investigating and/or initiating any SB800 Claims under Civil Code Sections 896 or 897. Notice of the meeting shall be sent in the same manner as notice for special meetings of the Board. Any member 47000.1 23115046.8 14 June 18, 2026
of the Board appointed by Declarant or elected by votes cast by Declarant shall be entitled to attend the meeting but shall not be entitled to vote. The meeting shall be open for all Members of the Group unless the Non-Declarant Directors adjourn to an executive session as authorized by the Bylaws. The decision of a majority of the Non-Declarant Directors shall control.
Not later than thirty (30) days prior to the filing of any Claim by the Group against the Declarant or "builder" as defined in Article 10 for alleged damage to the Group Maintained Improvements, alleged damage to the portion of the Lots that the Group is obligated to maintain, or alleged damage to Improvements on the Lots that arise out of, or are integrally related to, damage to the Group Maintained Improvements or Improvements on the Lots, the Board shall provide a written notice to each Member of the Group who appears on the records of the Group when the notice is provided. This notice shall specify all the following: (i) that a meeting will take place to discuss problems that may lead to the filing of a Claim; (ii) the options, including civil actions, that are available to address the problems; and (iii) the time and place of this meeting. Notwithstanding the aforementioned provisions, if the Group has reason to believe that the applicable statute of limitations will expire before the Group files the Claim or civil action, the Group may give the notice, as described above, within thirty (30) days after the filing of the civil action. The provisions of this Section 4.10 are effective automatically on the date the first Non-Declarant Director is elected to the Board. Claims are subject to the provisions and procedures set forth in Article 10.
4.11 Access to Group Records. The Group shall provide Members with access to the Group records.
Article 5
ASSESSMENTS
5.1 Obligations to Pay Assessments. The Owner of each Lot is obligated to pay any assessments levied against that Owner's Lot on or before the due date of the assessment. If there is more than one Owner of the Lot, the obligation is joint and several. Upon acceptance of a deed to a Lot, each Owner automatically personally assumes the obligation to pay any assessments against the Owner's Lot (including, but not limited to, any portion of the annual regular assessment not yet due and payable). The Owner shall be liable for the full assessment levied against that Owner's Lot regardless of the Owner's possession or use of the Lot or any services rendered by the Group. The Owner has no right or power to commit or omit any act, such as waiving the right to use the Group Maintained Improvements, in an attempt to eliminate or reduce the assessments against that Owner's Lot. An assessment shall be a personal obligation of the Owners of the Lot against which the assessment is levied. Any Owner who transfers a Lot shall remain personally liable for any unpaid assessments that accrued on or before the date of the transfer.
No Owner shall be liable for any defaults of the Owner's predecessor in interest in the payment of any assessment that accrued prior to the Owner taking title to the Lot unless that Owner expressly assumes the obligation to cure the delinquent assessments.
5.2 Annual Regular Assessment. Prior to the beginning of each fiscal year of the Group, the Board shall meet for the purpose of establishing the annual regular assessment for the forthcoming fiscal year. At such meeting, the Board shall review the preliminary pro forma operating budget prepared for the forthcoming fiscal year, any written comments received from Members and Mortgagees, and such other related information that has been made available to the Board. After making any adjustments that the Board considers appropriate and subject to such Member approval as may be required by Section 5.6, the Board will establish an annual regular assessment for the forthcoming fiscal year. Each annual regular assessment may include a portion for reserves as described in Section 5.3.
If the Board for any reason fails to take the appropriate steps to establish the annual regular assessment for the next fiscal year, the annual regular assessment for the preceding fiscal year shall continue in effect subject to the Board's right at any time during the next fiscal year to adjust the assessment pursuant to the procedures described herein.
5.3 Reserves and Reserve Accounts. Each annual regular assessment may include a portion for reserves in such amount as the Board in its discretion considers appropriate to meet the cost of the 47000.1 23115046.8 15 June 18, 2026
future repair, replacement, or additions to any Group Maintained Improvements. Reserve funds may not be expended for any purpose other than the maintenance of, or litigation involving the maintenance of, the Group Maintained Improvements.
5.4 Special Assessments. Subject to the restrictions described in Section 5.6, the Board may levy a special assessment if the Board in its discretion determines that the Group's available funds are or will become inadequate to meet the estimated expenses of the Group, including, but not limited to, expenses resulting from inadequate reserves, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital Improvements, inadequate insurance proceeds, or other unanticipated expenses. The Board may levy the entire special assessment immediately or levy it in installments over a period the Board considers appropriate.
5.5 Reimbursement Assessments. The Board shall have the authority to levy reimbursement assessments against one or more Lot Owners to reimburse the Group for any costs incurred or to be incurred by the Group as the result of any act or omission of any Owner or Occupant of any Lot or their Permittees or pets. The levy shall not include any portion that is paid or will be paid by any insurer under a policy maintained by the Group. Payment of the deductible amount shall be the responsibility of the Owner and is subject to a reimbursement assessment. If the reimbursement assessment is levied and paid before all or any portion of the costs have been incurred by the Group and the amount paid exceeds the costs incurred, the Group promptly shall refund the excess to the Owner. If the costs exceed the amount, the Owner shall reimburse the Group within thirty (30) days thereafter. If payment is not made when due, the payment shall be considered a delinquent assessment and the Group may enforce the delinquent assessment as described in Section 5.10.
In addition to reimbursing the Group for costs necessary to repair any Group Maintained Improvements, the Group may seek reimbursement for any costs incurred by the Group, including attorneys' fees, to bring the Owner or Occupant or the Owner's Lot into compliance with the Governing Documents. A reimbursement assessment may not be levied against any Lot until notice and hearing have been provided the Owner as described in Section 4.6.4.
5.6 Assessment Increase Restrictions. The Group shall provide notice by personal delivery or by first-class mail to the Owners of any increase in the regular or special assessments not less than thirty (30) days nor more than sixty (60) days prior to the due date of the increased assessment.
The Board may not (a) impose an annual regular assessment for any fiscal year more than twenty percent (20%) above the annual regular assessment for the Group's preceding fiscal year or (b) impose special assessments that, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Group for that fiscal year without the approval of a majority of a quorum of Members at a meeting or election. For purposes of this Section 5.6, a "quorum" means more than fifty percent (50%) of the Members. The foregoing restrictions on assessment increases do not apply to increases necessary for emergency situations. An emergency situation is any one of the following:
(i) an extraordinary expense required by an order of court; (ii) an extraordinary expense necessary to maintain the Development or any part of it that the Group is responsible to maintain where a threat to personal safety within the Development is discovered; or
(iii) an extraordinary expense necessary to maintain the Development or any part of it that the Group is responsible to maintain that could not have been reasonably foreseen by the Board in preparing and distributing the annual budget report, provided that before the imposition or collection of any assessment under this subdivision the Board must pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process and shall distribute the resolution to the Members with the notice of the assessment.
47000.1 23115046.8 16 June 18, 2026
5.7 Commencement of Regular Assessments. Annual regular assessments shall commence for all Lots on the first (1st) day of the month coinciding with or immediately following the date of the first transfer of title of a Lot by the Declarant to a purchaser or an earlier date at the discretion of the Declarant.
No Lot shall be subject to any special assessments until regular assessments have commenced.
5.8 Due Dates of Assessments. Unless otherwise directed by the Board or unless accelerated as described herein, the annual regular assessment shall be collected in twelve (12) equal monthly installments and each installment shall be due and payable on the first (1st) day of each month. If any monthly installment is delinquent, the Board, at its election, may accelerate the remaining installment payments so that the entire remaining balance of the annual regular assessment is immediately due and payable. Special assessments shall be due on such date or dates as selected by the Board.
Reimbursement assessments shall be due and payable ten (10) days after the Owner receives the notice of the reimbursement assessment. The notice shall be deemed received on the date described in Section 11.14.
Any annual regular assessment installment (including any accelerated installments), special assessment, or reimbursement assessment not paid within fifteen (15) days after the due date shall be delinquent, shall bear interest at the rate of twelve percent (12%) per annum from thirty (30) days after the due date until paid, and shall incur a late penalty in an amount to be set by the Board from time to time, not to exceed the maximum amount permitted by Applicable Laws.
5.9 Allocation of Regular and Special Assessments. Except for reimbursement assessments and special assessments levied as described in Sections 5.4 and 5.5, regular and special assessments levied by the Board shall be allocated equally among all Lots. If any new items are added, the Board, in its sole discretion, shall determine whether the costs to maintain the item should be allocated equally among the Lots or subject to a Cost Center. If a Cost Center is established, notice of the Cost Center shall be recorded in the Official Records, in an amendment to this Declaration under the authority of Section 9.6.
The notice shall identify the Lots within the Cost Center, the Cost Center's purpose, the allocation of the Cost Center costs among the Lots within the Cost Center if the allocation is not equal, and other relative information. Cost Center funds may be used only for the purposes for which they were intended and not as general Group funds.
Notwithstanding anything herein to the contrary, if the use of any Lot, the equipment or facilities maintained within any Lot, or any other reason results in an increase in the Group costs, including, but not limited to, increases in maintenance costs, utilities, or insurance costs, the Board may allocate the amount of the increase to the Lot(s) responsible for the increase.
5.10 Enforcement of Delinquent Assessments. The Group may bring a legal action directly against the Owner for breach of the Owner's personal obligation to pay the assessment and in such action shall be entitled to recover the delinquent assessment or assessments, accompanying late charges, interest, costs and reasonable attorneys' fees.
5.11 Estoppel Certificate. Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following information:
(i) whether to the knowledge of the Group, the Owner or Occupant of the Owner's Lot is in violation of any of the provisions of the Governing Documents; (ii) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year in which the request is received; and (iii) the amount of any assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any late charges, interest or costs of collection, and that, as of the date of the statement, are or may be made a lien against the Owner's Lot as provided by this Declaration. The Group may charge a fee to provide this information provided the fee shall not exceed the Group's reasonable cost to prepare and reproduce the requested items.
5.12 Restrictions on Group Funds. No Member funds shall be used for campaign purposes in connection with any election of members to the Board or for company purposes in connection with any 47000.1 23115046.8 17 June 18, 2026
other Group election, except to the extent necessary to comply with duties of the Group imposed by Applicable Laws.
Article 6
INSURANCE
6.1 Owners' Insurance Policy(ies). Each Owner is advised to obtain and maintain a property insurance policy that provides, at minimum, coverage against losses caused by fire and all other hazards normally covered under a "special form" policy or its equivalent in an amount not less than ninety percent (90%) of the replacement cost of the insurable Improvements on the Lot. The policy should contain inflation guard and replacement cost endorsements or their equivalents. The policy should provide liability coverage in such amounts and for such acts or omissions as are normally and customarily included in homeowners property insurance policies of the types required herein. Nothing herein imposes any duty or obligation on the Group or any director, officer or agent thereof to confirm that Owners are carrying the insurance recommended under this Section 6.1.
No Owner shall separately insure any property covered by the Group's property insurance policy as described in Section 6.2 below. If any Owner violates this provision and, as a result, there is a diminution in insurance proceeds otherwise payable to the Group, the Owner will be liable to the Group to the extent of the diminution. The Group may levy a reimbursement assessment against the Owner's Lot to collect the amount of the diminution.
Each Owner is advised to seek the advice of a qualified insurance consultant regarding: (i) the amount of personal liability and personal property insurance coverage the Owner should maintain and (ii) the availability of loss assessment insurance coverage.
6.2 Group's Liability Insurance. The Group shall obtain and maintain the following liability policies:
6.2.1 General Liability Policy. A general liability insurance policy insuring the Group, any manager, the Group's directors and officers, and the Owners (including Declarant as long as Declarant owns any Lots) against bodily injury or property damage from an accident or occurrence within the area of any Group Maintained Improvements or as a result of any act or omission of the performance or nonperformance of the Group's duties as set forth herein. The Group shall be the first named insured under the policy. Subject to the terms and conditions of the policy, the policy also shall cover bodily injury or property damage from an accident or occurrence within any Lot related to any act or omission of an agent of the Group in the performance of the Group's duties under this Declaration. The policy shall include, if obtainable, cross liability or severability of interest coverage. The limits of such insurance (including the commercial general liability and any excess liability coverage) shall not be less than $1,000,000 covering all Claims damage arising out of a single occurrence. The coverage may be a combination of primary and excess policies. The insurance shall contain coverage terms equivalent to or better than the terms provided by Insurance Services Offices form CG001 or any successor form thereto. Such insurance shall include coverage against liability for owned, non-owned and hired automobiles and other liability or risk customarily covered with respect to projects similar in construction, location and use. The policy shall be primary and noncontributing with any other liability policy covering the same liability.
6.2.2 Directors and Officers Liability Policy. A directors and officers liability policy containing such terms and conditions that are normally and customarily carried for directors and officers of a residential homeowners association and in sufficient amounts to satisfy the insurance requirements of Civil Code Section 5800 (as if it were applicable to this Development) or any successor statute thereto.
6.3 Group's Property Insurance. The Group, in the sole discretion of the Board, may obtain and maintain a property insurance policy on the Group Maintained Improvements and Group personal property in such amounts and containing such terms and conditions as the Board from time to time may select. Insurance premiums and related costs may be subject to a Cost Center. 47000.1 23115046.8 18 June 18, 2026
6.4 Insurance Rating and Cancellation. The insurance company providing the Group's insurance under Sections 6.2 and 6.3, if applicable, shall have an A.M. Best rating of not less than A:VII if licensed to do business in the State of California and a rating of not less than A:X if not licensed to do business in the State of California. If the A.M. Best ratings are no longer available, the insurance ratings shall be based on equivalent ratings issued by an independent insurer company rating entity used by financial institutions for insurance rating purposes. Any notice of cancellation or material changes to the policy shall be provided by the issuing insurance company in accordance with the notice requirements in the policy. If cancelled the Board shall replace the policy with a substantially equivalent policy subject to the provisions of Section 6.5.
6.5 Board's Authority to Revise Insurance Coverage. The Board shall have the power and right to deviate from the insurance requirements contained in this Article 6 in any manner that the Board, in its discretion, considers to be in the best interests of the Group, provided that the Board shall maintain the minimum insurance requirements set forth in Civil Code Section 5800 (as if it were applicable to this Development) or in any successor statute thereto. If the Board elects to materially reduce the coverage from the coverage required in this Article 6, the Board shall make all reasonable efforts to notify the Members of the reduction in coverage and the reasons therefor at least thirty (30) days prior to the effective date of the reduction.
The Board shall make every reasonable effort to obtain and keep in full force and effect the Group's insurance policies as provided in this Article 6. If the Board is unable to purchase any such policy(ies) or if the Board believes that the cost of the policy(ies) is unreasonable, the Board shall call a special meeting of Members to determine what action to take. The Board shall comply with any resolution(s) concerning insurance coverage adopted at such a meeting.
The Board is authorized to negotiate and agree on the value and extent of any loss under any policy carried by the Group, including, but not limited to, the right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer.
Each Owner, by acceptance of a deed to a Lot, irrevocably appoints the Group or the Insurance Trustee, described in Section 6.7, as that Owner's attorney-in-fact for purposes of procuring, negotiating, accepting, compromising, releasing, settling, distributing and taking other related actions in connection with any insurance policy maintained by the Group and any losses or claims related thereto and agrees to be bound by the actions so taken as if the Owner had personally taken the action.
6.6 Periodic Insurance Review. The Board periodically shall review the Group's insurance policies and make such adjustments to the policies' terms and conditions as the Board considers to be in the best interests of the Group. If applicable, the review shall include an appraisal by a qualified appraiser of the current replacement costs of all covered property under the Group's property insurance policy unless the Board is satisfied that the current dollar limit of the property insurance policy, coupled with the amount of actual reserves on hand, is equal to or greater than the current replacement costs.
6.7 Insurance Trustee. All property insurance proceeds payable to the Group under any property insurance policy procured by the Group as described in Section 6.3, subject to the rights of Mortgagees under Article 8, may be paid to a trustee as designated by the Board to be held and expended for the benefit of the Owners and Mortgagees as their respective interests shall appear. The trustee shall be a commercial bank or other financial institution with trust powers in Napa County, California, that agrees in writing to accept such trust. If repair or reconstruction is authorized, the Group will have the duty to contract for such work as provided for in this Declaration.
6.8 Other Insurance. In addition to the policies described in Sections 6.2 and 6.3, the Group may obtain and maintain such other insurance as the Board in its discretion considers necessary or advisable.
47000.1 23115046.8 19 June 18, 2026
Article 7
DAMAGE, DESTRUCTION OR CONDEMNATION
7.1 Repair or Reconstruction of a Lot. If an Improvement on any Lot (that is not a Group Maintained Improvement) is damaged or destroyed by fire or other casualty, the Owner of the Lot shall repair or reconstruct the Improvement to substantially the same condition and appearance as existed immediately before the damage or destruction, subject to such modifications as may be required by Applicable Laws, and subject to potential coverage by the Group's policy as described in Section 4.1.
7.2 Repair or Reconstruction of Group Maintained Improvements. If any Group Maintained Improvement is damaged or destroyed by fire or other casualty, the Group shall repair or reconstruct the Group Maintained Improvement substantially in accordance with the original as-built plans and specifications subject to such modifications as may be required by Applicable Laws.
7.3 Reconstruction Contract. For Group Maintained Improvements that are to be rebuilt or restored, the Board shall solicit and obtain bids from at least two (2) reputable contractors to repair and reconstruct them in accordance with the original plans and specifications, subject to such changes as may be required by Applicable Laws, and shall award the repair and reconstruction work to the lowest qualified bidder unless the Board in its reasonable judgment elects to select a higher bidder. The Group shall have the authority to enter into a written contract with the contractor or contractors for the repair and reconstruction, and the insurance proceeds held by the Group or insurance trustee shall be disbursed to the contractor according to the terms of the contract. It shall be the obligation of the Group to take all steps necessary to ensure the commencement and completion of authorized rebuilding at the earliest possible date.
7.4 Completion of Repair or Reconstruction of Group Maintained Improvements. The repair or reconstruction of any Improvement shall commence no later than ninety (90) days after the date of such damage or destruction and shall be completed no later than one hundred eighty (180) days subject to extensions because of delays that are beyond the control of the Group. The Group immediately shall take such steps as may be reasonably required to secure any hazardous condition resulting from the damage or destruction and to screen any unsightly views.
7.5 Condemnation. If any action for condemnation of all or any portion of an Group Maintained Improvement is proposed or threatened by any governmental agency having the right of eminent domain, and an Group Maintained Improvement or any portion thereof is instead taken, the award shall be apportioned among the impacted by the taking Owners and their respective Mortgagees by the terms of the judgment of condemnation. If not so apportioned, then the award shall be allocated equally among the Lots impacted by the taking and distributed equally to each such Owner and their Mortgagees as their respective interests may appear.
7.6 Dispute Resolution. If there are any disputes regarding the rights and/or duties of the Owners or the Group under this Article 7, the dispute shall be submitted to mediation and, if necessary binding arbitration, to JAMS, Inc. ("JAMS") (formerly known as Judicial Arbitration and Mediation Services, Inc.) or, any successor thereto or any other alternative dispute resolution provider acceptable to the parties for resolution. If the mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with JAMS' commercial rules. The mediation and arbitration shall be held in Napa County, California. The parties shall be entitled to the discovery rights provided by Code of Civil Procedure Section 1283.05. The arbitrator may award costs and attorneys' fees to the prevailing party. The arbitrator's decision shall be binding on the parties and may be enforced in any court of competent jurisdiction.
Article 8
RIGHTS OF MORTGAGEES
8.1 Lender Definitions. Unless the context indicates otherwise, the following terms as used in this Article 8 shall have the definitions contained in this Section 8.1. An "institutional" Mortgagee is a first Mortgagee that is: (i) a federally or state chartered or licensed bank or savings and loan association; 47000.1 23115046.8 20 June 18, 2026
(ii) a mortgage company or other entity chartered or licensed under Applicable Laws whose principal business is lending money on the security of real property or investing in such loans; (iii) an insurance company; (iv) a federal or state agency or instrumentality including, without limitation, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; or (v) an insurer or governmental guarantor of a first Mortgage including the Federal Housing Administration and the federal Department of Veterans Affairs. A "first Mortgage" or "first Mortgagee" is one having a priority as to all other Mortgages encumbering the same Lot or other portions of the Development.
8.2 Encumbrance. Any Owner may encumber his or her Lot with a Mortgage or Mortgages.
8.3 Rights of Institutional Mortgagees. Any institutional Mortgagee who obtains title to a Lot pursuant to the remedies provided in the first Mortgage, including judicial foreclosure or nonjudicial foreclosure under a power of sale (but excluding voluntary conveyance to the first Mortgagee), shall take the Lot free of any obligation to pay any assessments that were delinquent as of the date the institutional Mortgagee acquired title to the Lot, including any interest, penalties or late charges in connection therewith.
The institutional Mortgagee as Owner of the Lot shall be obligated to pay any assessments that were not delinquent as of the date the institutional Mortgagee took title to the Lot and all future assessments levied against the Lot as long as the institutional Mortgagee remains in title, including any special assessments levied by the Group to raise operating or reserve funds needed because of uncollected delinquent assessments, as long as the special assessment is allocated among all the Lots as provided in Section 5.9.
8.4 Breaches. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith or for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee sale or otherwise.
Article 9
AMENDMENTS
9.1 Amendment Before Close of First Sale. Before the close of the first sale of a Lot in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended in any respect or rescinded by Declarant by recording an instrument amending or rescinding this Declaration. The amending or rescinding instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the Official Records. For purposes herein, a Person is considered controlled by Declarant if the Declarant holds fifty percent (50%) or more of the capital and profit interests if a partnership or limited liability company, fifty percent (50%) or more of the voting shares if a corporation, and fifty percent (50%) or more of the beneficial interests if a trust.
9.2 Amendment After Close of First Sale. After the close of the first sale of a Lot in the Development to a purchaser other than Declarant or an entity controlled by Declarant, this Declaration may be amended or rescinded in any respect with the vote or written consent of the holders of not less than a majority of the voting rights of each class of Owners or, if a single class of Owners is then in effect, by the vote or written consent of not less than a majority of all votes and a majority of all votes excluding Declarant.
If any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, if the consent or approval of any governmental authority, Mortgagee, Owner or other person, firm, agency or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Notwithstanding anything herein to the contrary, any provision in this Declaration that specifically confers rights or benefits on Declarant as the Declarant and not on any other Owner may not be amended or rescinded without the prior written consent of Declarant. The amendment is effective when it has been approved by the appropriate percentage of Owners as required herein, the approval has been certified in a writing executed and acknowledged by the officer designated in this Declaration or by the Group for that purpose (or, if no one has been designated, the President of the Group), and the amendment and certification have been recorded in the Official Records. 47000.1 23115046.8 21 June 18, 2026
Notwithstanding anything herein to the contrary, the easements appurtenant to any Lot as described in Section 2.3 may not be modified or terminated without the prior written consent of the Owner of the Lot.
9.3 Corrections. Notwithstanding anything herein to the contrary, Declarant reserves the right as the attorney-in-fact for each Lot Owner to record an amendment or appropriate instrument of correction to correct any errors in this Declaration or any exhibits hereto, and the consent of neither the Group nor any Lot Owner shall be required provided that if the correction affects the size, location or access or use rights to any Lot, the consent of that Lot Owner shall be required. The amendment shall be effective when recorded in the Official Records, signed by an authorized agent of Declarant.
9.4 Cost Centers. This Declaration may be amended by Declarant and/or the Board to designate Cost Centers as described in Sections 1.7 and 5.9 and provided that the Owners of all Lots within the Cost Center consent to the amendment. The amendment shall be effective when recorded in the Official Records, signed by an authorized agent of the Declarant or the Board, as applicable.
9.5 Mortgagee Reserved Amendment Rights. Notwithstanding anything herein to the contrary, Declarant reserves the right to amend this Declaration as may be necessary or advisable in order to include provisions that satisfy the requirements of the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC"), FHA and/or the federal Department of Veterans Affairs ("VA"). The Group and each Owner shall fully cooperate in the delivery, execution and recordation of any documents necessary to effect the amendments.
9.6 Town Amendment Approval. Notwithstanding anything herein to the contrary, material amendments or modifications to the Governing Documents, limited to those that specifically impact a condition of approval issued as part of the Town's approval of this Development, including but not limited to Section 11.9 of this Declaration, are subject to the approval rights of the Town, and no material amendment or modification to the Governing Documents shall be effective without prior written consent of the Town attorney.
Article 10
DECLARANT DISPUTES
Any Claim, dispute or other controversy between: (i) the Group and/or any Owner(s) and (ii) the Declarant or any affiliated general contractor or affiliated contractor who is a "builder" within the meaning of Civil Code Section 911, or any director, officer, member, shareholder, partner, employee or agent thereof (individually and collectively the "Declarant" for purposes of this Article 10) and/or any non-affiliated general contractor, non-affiliated contractor, subcontractor, material supplier, individual product manufacturer, design professional or any other Person that provided materials or services to the Development on behalf of Declarant, relating to this Declaration, the use, condition, design, specifications, surveying, grading, construction, installation, operation or sale of any Improvements or landscaping located within the Development, including: (i) SB800 Claims made under Civil Code Sections 896 and 897; (ii) Claims for actual and/or economic damages; (iii) fraud Claims; (iv) personal injury Claims; (v) breach of contract Claims; and (vi) violation of statute Claims shall be subject to the Claims Procedure set forth in Exhibit G attached hereto and incorporated herein.
The Claims Procedure in Exhibit G does not apply to any action taken by the Group to enforce delinquent assessments against Declarant, which shall be governed by Section 5.10 of this Declaration.
Article 11
MISCELLANEOUS PROVISIONS
11.1 Headings. With the exception of Article 1, the headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 47000.1 23115046.8 22 June 18, 2026
11.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions or any portion thereof shall not invalidate any other provision or any portion of the provisions not found invalid or unenforceable. Invalidation of any one of the Town's required covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.
11.3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and nonexclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver of the remedy.
11.4 Discrimination. No Owner shall execute or cause to be recorded any instrument that imposes a restriction on the sale, leasing or occupancy of the Owner's Lot on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income as defined in Government Code Section 12955(p), disability, veteran or military status, or genetic information.
11.5 Notification of Sale. No later than five (5) days after the closing of the sale of any Lot, the new Owner shall notify the Group of such sale. Such notification shall be in writing and shall set forth the name and address of the new Owner and the date of sale.
11.6 Reservation or Grant of Easements. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in any deed to any Lot.
11.7 Incorporation of Exhibits. All exhibits referred to herein and attached to this Declaration are incorporated herein by reference as fully set forth herein.
11.8 Enforcement Rights and Remedies. The covenants, restrictions, rights and duties contained in this Declaration constitute covenants running with the land and equitable servitudes that benefit and bind each Lot in the Development, each Owner, and each successive Owner thereto, and may be enforced by the Group, the Declarant or any Owner in any legal or equitable action pursuant to the procedures described herein. Declarant may enforce any covenants, restrictions, and rights set forth in this Declaration that expressly benefit Declarant without regard to whether Declarant owns any Lots in the Development.
Each Owner acknowledges and agrees that if any Person breaches any of the restrictions contained herein, money damages may not be adequate compensation. As a result, each Owner agrees that in the event of a breach, the non-breaching party, in addition to any other remedy available at law or equity, shall be entitled to equitable relief, including, but not limited to, an order compelling the breaching party to perform an act which the party is required to perform under this Declaration or which is necessary to bring the breaching party or the breaching party's Lot into compliance with restrictions contained herein or prohibiting the breaching party from performing any act that violates the restrictions.
Notwithstanding anything herein to the contrary, the Group shall have the exclusive right to levy assessments and to take appropriate action to enforce delinquent assessments. If any Owner or Occupant desires the Group to take any enforcement action, the Owner or Occupant shall notify the Group in writing of the alleged violation. On receipt, the Board shall review the matter and shall determine what action, if any, to take. Neither the Board nor the Group or any director, officer or agent thereof shall be liable if the Board in the exercise of its judgment elects not to take any action. To the extent applicable, the Board shall comply with the due process requirements described in this Declaration. If within ninety (90) days after receipt of the notice the Board has failed to take any corrective action and the alleged violation has not been cured and is continuing, any Owner may bring an action on the Owner's behalf for appropriate legal and/or equitable relief. In such action, the Owner shall bear his or her own costs and attorneys' fees, provided that the prevailing party in such action shall be entitled to recovery of such costs and fees. 47000.1 23115046.8 23 June 18, 2026
11.9 Town Step-In Rights. The Town is hereby made a party to this Declaration so that it may, if it chooses, enforce the maintenance obligations set forth herein as required by this Declaration, the Stormwater Agreement, and as necessary to protect the public health, safety, and general welfare. Each Owner shall allow the Town access to the Owner's Lot for purposes of inspecting the Shared Stormwater Facilities and Private Stormwater Facilities (collectively, "Stormwater Facilities") to ensure proper maintenance thereof. Should any or all of the Stormwater Facilities fail to be maintained properly, the Town may provide notice of such failure, perform maintenance or repair work, and recover the costs incurred in performing such maintenance or repair work in accordance with the Stormwater Agreement and Applicable Laws. The Declarant, for each Owner, hereby covenants, and each Owner, by acceptance of a deed to a Lot in the Development, whether or not it shall be so expressed in such deed, is deemed to covenant and agree that failure to correct a failure after notice thereof from the Town shall constitute a violation of the Town's Municipal Code and shall be subject to the enforcement provisions of the Town's Municipal Code.
The Group shall add the Town and its officials, employees, and volunteers as an additional insured on its insurance policies maintained under Article 6, for acts arising out of and related to the step-in rights granted in this Section 11.9. Should the Town, its officials, employees, or volunteers (the "Indemnified Parties"), individually or collectively, be joined or named as a party or parties in any legal proceedings or Claims, the Group shall indemnify, hold harmless, and defend the Indemnified Parties from and against any such Claims arising out of or related to the step-in rights granted under this Section 11.9 and the Group will pay all costs and expenses, including attorneys' fees and defense costs, incurred in connection therewith, except and only to the extent of liability for damages or bodily injury, property damage or other loss caused solely by the sole negligence, active negligence, or willful misconduct by any Indemnified Party.
Insurance provided under Article 6 shall not be a substitute for the foregoing indemnification.
11.10 Term. The term of this Declaration shall be for a period of fifty (50) years from the date on which this Declaration is recorded in the Official Records. After that time, this Declaration and each of its restrictions and covenants and other provisions automatically shall be extended for successive ten (10)- year periods unless this Declaration is rescinded by the written consent of Owners holding a majority of the total voting power of the Group. The rescission shall be effective on recordation of a notice of rescission in the Official Records.
11.11 Reserved Rights of Declarant. Declarant is recording this Declaration as part of the construction of a residential standard subdivision. No covenant or restriction contained herein shall be applied in any manner that would unreasonably interfere with Declarant's rights to complete the construction of the Improvements and to sell the Improvements. The rights retained by Declarant during the construction and sales period include, but are not limited to, the right to:
(i) maintain construction equipment, personnel and materials within the Development;
(ii) use portions of the Development as may be necessary or advisable to complete the construction or sales;
(iii) maintain construction and/or sales offices within the Development and appropriate parking to accommodate the foregoing;
(iv) maintain sale signs or other appropriate advertisements within the Development;
(v) maintain model homes for viewing by prospective purchasers; and (vi) allow prospective purchasers access to the Development to inspect any model homes.
47000.1 23115046.8 24 June 18, 2026
Declarant also reserves the right to continue paying utilities, insurance, and/or other expenses of the Group on behalf of the Group until the billing for such obligations is transferred to the Group. The Group shall reimburse Declarant based on the amounts included in the budgets for the expense in question.
11.12 Assignment by Declarant. Declarant may assign all or any portion of its rights and delegate all or any portion of its duties to any other Person; and from and after the date of such assignment and/or delegation, the Declarant shall have no further rights and/or duties hereunder with respect to the rights assigned and duties delegated. Any successor or assignee of rights and duties of the Declarant shall execute an instrument assuming the rights and duties of the Declarant assigned and delegated hereunder and thereafter shall be entitled to exercise all the rights of Declarant so assigned and shall be obligated to perform all the Declarant's duties so delegated, provided such successor or assignee shall not be liable in any manner for any act or omission committed or omitted by the Declarant before the date the successor or assignee succeeded to the rights of the Declarant hereunder.
11.13 Attorneys' Fees. Except as otherwise provided in Article 10, in the event of any litigation or alternative dispute resolution procedure regarding the rights or duties under the Governing Documents of the Group or any Member, the prevailing party in such proceeding, in the discretion of the judge or decision-maker, shall be entitled to recover costs, including reasonable attorneys' fees.
11.14 Notices. Any notice permitted or required by the Governing Documents shall be considered received on the date the notice is personally delivered to the recipient or forty-eight (48) hours after the notice is deposited in the United States mail, first-class, registered or certified, postage prepaid and addressed to the recipient at the address that the recipient has provided the Group for receipt of notice or, if no such address was provided, at the recipient's Lot address in the Development.
11.15 No Enforcement Waiver. Failure to enforce a restriction in the past in and of itself shall not constitute a defense to any action brought against any Owner for violation of any restriction contained herein. Each Owner, by acceptance of a deed to a Lot in the Development, acknowledges that the enforcement of these restrictions may vary as a result of different Owners, Boards, changing conditions, or other reasons and agrees that the failure of any Owner, Board or committee to enforce any particular restriction, even if such failure is for an extended period of time, shall not in any manner restrict or estop the right of any Owner, Board or committee to enforce these restrictions at any future time.
11.16 Statutory Reference. Any reference to a governmental statute in this Declaration includes any amendments to the statute. If the statute is replaced by an equivalent statute, the equivalent statute shall be the applicable statute.
[SIGNATURE PAGE TO FOLLOW]
47000.1 23115046.8 25 June 18, 2026
THIS DECLARATION is executed this ____________ day of ______________, 202__. [DRAFT ONLY - NOT FOR RECORDING PURPOSES]
CROSSROAD CIRCLE, LLC,
a California limited liability company
By:
Name:
Its:
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On __________________ before me, ____________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Notary Public
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.
47000.1 23115046.8 Exhibit A June 18, 2026
EXHIBIT A – Access and Utility Easement
[SEE ATTACHED]
47000.1 23115046.8 Exhibit B June 18, 2026
EXHIBIT B – Stormwater Facilities
[SEE ATTACHED]
47000.1 23115046.8 Exhibit C June 18, 2026
EXHIBIT C – Group Maintained Landscape and Lighting
[SEE ATTACHED]
47000.1 23115046.8 Exhibit D June 18, 2026
EXHIBIT D – Group Maintained Perimeter Fencing
[SEE ATTACHED]
47000.1 23115046.8 Exhibit E June 18, 2026
EXHIBIT E – Group Maintained Perimeter Fencing Details
[SEE ATTACHED]
47000.1-23115046.8 EXHIBIT E June 18, 2026
47000.1 23115046.8 Exhibit F June 18, 2026
EXHIBIT F – Trash Staging Areas
[SEE ATTACHED]
47000.1-23115046.8 EXHIBIT F June 18, 2026
47000.1 23115046.8 Exhibit G-1 June 18, 2026
EXHIBIT G – Claims Procedure
OAK AND VINE
CLAIMS PROCEDURE
This document describes the procedure for filing claims against Declarant and certain other designated parties related to this Development ("Claims Procedure"). Unless the context indicates otherwise, the definitions set forth in Article 1 of the Declaration shall apply in this Exhibit.
Any claim, dispute or other controversy between: (i) the Group and/or any Owner(s) (the "Claimant") and (ii) the Declarant or any affiliated general contractor or affiliated contractor who is a "builder" within the meaning of Civil Code Section 911 or any director, officer, member, shareholder, partner, employee or agent thereof (individually and collectively the "Declarant" for purposes of this Exhibit) and/or any non-affiliated general contractor, non-affiliated contractor, subcontractor, material supplier, individual product manufacturer, design professional or any other Person that provided materials or labor or other services to the Development on behalf of Declarant, relating to this Declaration, the sale of the Lot or the Lot use, condition, design, specifications, surveying, grading, construction, installation, budgeting and/or operation of any Improvements or landscaping located within the Development or maintained by the Group or the Owner, including but not limited to any claim for: (a) violation of the functionality standards set forth in Civil Code Sections 896 and 897, whether based in contract, tort or statutory violation; (b) actual and/or economic damages or injuries; (c) breach of contract; (d) breach of warranty; (e) fraud; or (f) violation of a statute (individually and collectively the "Claim"), shall be subject to the Claims Procedure set forth in Sections 1 and 2 of this Exhibit.
The intention and purpose of this Exhibit is to provide that all Claims against the Declarant relating to the Development be resolved in accordance with the Claims Procedure set forth in this Exhibit regardless of the legal theory upon which the Claim is based or the remedy sought by Claimant so that a single, certain and efficient method is established for resolution of the Claim. As a result, any Claim based on misrepresentation, fraud, breach of contract, breach of warranty, violation of a statute, personal injury, actual damages, economic damages, and/or breach of the Functionality Standards (defined below) are subject to Title 7, Part 2 of Division 2 of the Civil Code ("Title 7") and the Claims Procedure in this Exhibit.
Notwithstanding the foregoing, for purposes herein, Claim does not include a claim to the extent the Claim has been waived, deemed waived, or precluded by law.
The procedure in this Exhibit does not apply to Declarant's normal customer service procedures. Owners are encouraged to resolve any potential Claim first through Declarant's normal customer service procedures.
Declarant, the Group and each Owner covenant not to commence any litigation without complying with the procedures described in Sections 1 and 2 of this Exhibit. If any party breaches the foregoing, the other party may obtain an appropriate order compelling the breaching party to comply with the procedures.
Except as is expressly authorized by law, nothing herein shall reduce or extend any applicable time frame within which legal action must be commenced, including applicable statutes of limitation or repose and time frames set forth in Civil Code Sections 896, 897 and 941.
Title 7 of Part 2 of Division 2 of the Civil Code (Civil Code Sections 895 through 945.5) commonly known as "SB 800" sets forth functionality and/or construction standards that describe how the Improvements and landscaping within this Development should function during certain applicable time periods (the "Functionality Standards"). SB 800 impacts the legal rights of the Group and each Owner.
This Exhibit contains alternative dispute resolution procedures. These procedures bind subsequent purchasers as well as initial purchasers. You are advised to read these procedures carefully and consult with legal counsel if you have any questions.
47000.1 23115046.8 Exhibit G - 2 June 18, 2026
The Group and each Owner have certain rights under SB 800 if the Improvement or landscaping fails to meet a Functionality Standard during the applicable time period. These rights may be lost as described in Civil Code Section 945.5, including if the Group or Owner: (1) fails to follow the Declarant's or the manufacturer's reasonable recommendations regarding inspection and maintenance, including schedules; (2) fails to follow commonly accepted homeowner maintenance guidelines; (3) fails to provide Declarant with timely notice after a discovery of the violation of the Functionality Standard or to allow Declarant reasonable and timely access for repairs; or (4) unreasonably fails to minimize or prevent damages in a timely manner.
Civil Code Sections 910 through 938 contain prelitigation procedures for resolution of a Claim for violation of Functionality Standards. As authorized by Civil Code Section 914, Declarant may elect to use these prelitigation procedures or use alternative procedures. Declarant has elected to use the prelitigation procedures set forth in Civil Code Sections 910 through 938.
1. Nonadversarial Prelitigation Procedures. The Claim is subject to the nonadversarial prelitigation procedures set forth in this Section 1.
1.1 Claim Notice. The Claimant shall notify Declarant in writing of the Claim addressed to the agent for service of the Claim Notice described in Section 3 below. The notice shall: (i) contain the Claimant's name and address and preferred method of contact; (ii) state that the Claimant elects to commence the procedures in this Exhibit to resolve the Claim; (iii) describe the Claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation; and (iv) if applicable, state that the Claimant alleges a violation of the Functionality Standards (the "Claim Notice").
1.2 Claims Procedure. The Claim shall be processed in accordance with the nonadversarial prelitigation procedures set forth in Civil Code Sections 910 through 938.
2. Binding Adversarial Procedures. If Claimant and Declarant cannot resolve the entire Claim in accordance with the procedures in Section 1 of this Exhibit, or if corrective action is undertaken by Declarant and the parties disagree on the adequacy of the corrective action or any other Claims arising from the corrective action, including any unresolved Claims arising out of the corrective action undertaken by Declarant or Declarant's agents, the unresolved issues shall be resolved in accordance with the following binding adversarial procedure:
Either party may commence binding arbitration by submitting the Claim to JAMS for resolution under the JAMS commercial arbitration rules.
The Group, each Owner, and Declarant acknowledge and agree that any Claim involving the design, specification, surveying, grading, construction, installation or operation of any Improvement or landscaping within the Development, including any Claim under Civil Code Sections 896 and 897, involves interstate commerce and is subject to and governed by the Federal Arbitration Act, notwithstanding any State or local laws or ordinances to the contrary and notwithstanding the fact the parties have elected to utilize certain State law arbitration procedures to resolve the Claim. The following provisions and procedures shall apply in all cases unless the parties agree otherwise in writing:
(i) the proceedings shall be heard in Napa County, California; (ii) the matter shall be heard by a single arbitrator who shall be a retired judge or attorney with at least five (5) years' experience in real estate matters and, if the Claim exceeds $250,000 in value, the arbitrator shall be a retired judge of the California Superior Court, a California Court of Appeal, or the California Supreme Court;
(iii) the fee to initiate the arbitration shall be paid by the Declarant and the arbitrator's fees shall be borne equally by Declarant and the Claimant, unless Declarant agrees in writing to advance 47000.1 23115046.8 Exhibit G - 3 June 18, 2026
the arbitrator's fees, provided that arbitration costs and fees, including any initiation fee and the arbitrator's fees, ultimately shall be borne as determined by the arbitrator as provided in subparagraph (ix); (iv) each party shall bear its own attorneys' fees (including expert costs) for the arbitration;
(v) the arbitrator shall be appointed within sixty (60) days of the arbitrator's receipt of a written request to arbitrate the dispute. In selecting the arbitrator, the provisions of Section 1297.121 of the Code of Civil Procedure shall apply. The arbitrator appointed to serve shall be a neutral and impartial individual. The arbitrator may be challenged for any of the grounds listed therein or in Section 1297.124 of the Code of Civil Procedure;
(vi) the arbitrator may require one or more pre-hearing conferences; (vii) the parties shall be entitled to discovery to the extent allowed by Section 1283.05 of the Code of Civil Procedure;
(viii) the arbitrator shall be authorized to provide all recognized remedies available in law or equity, provided that the arbitrator is not authorized to award punitive damages; (ix) the arbitrator in his or her discretion may award costs for the initiation fee and the arbitrator's fees to the party that the arbitrator determines was the prevailing party; (x) the arbitrator's decision shall be final and binding on the parties unless corrected or validated under the grounds authorized in Code of Civil Procedure Section 1286.2 or 1286.6 or as specified herein; and
(xi) the arbitrator's decision may be enforced in any court of competent jurisdiction.
If any provision of this Section 2 shall be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms.
3. Agent for Services of Claim Notice. Notice of any Claim against Declarant or any affiliated general contractor or affiliated contractor who is a "builder" within the meaning of Civil Code Section 911, including Civil Code Sections 896 and 897 Claims, or requests for information including requests for copies of the documents described in Section 4 below, shall be served on Declarant's agent via certified mail, overnight mail or personal delivery. The name and address of Declarant's agent for this purpose is:
_____________________________________
_____________________________________
_____________________________________
_____________________________________
If the notice cannot be served on Declarant's agent at the above-referenced address because the agent is no longer located at the address or the agent has changed and Declarant has not provided the Claimant with an updated address or the name and/or address of the new agent, the Claimant may serve the Claim Notice on Declarant's agent for notice under Civil Code Section 912(e) on file with the California Secretary of State's office in Sacramento, California. The current telephone number and website for the Secretary of State's office are: (916) 653-3984 and www.sos.ca.gov. Written requests can be mailed to the California Secretary of State, Special Filings, P.O. Box 942870, Sacramento, California 94277-2870. 47000.1 23115046.8 Exhibit G - 4 June 18, 2026
If the Claim Notice is served via mail, it shall be assumed received by Declarant on the third business day following deposit into the U.S. Mail. If delivered via overnight mail, such as Federal Express or UPS, it shall be assumed received on the next business day. If delivered personally, it shall be assumed received on the date of personal delivery. These assumptions may be rebutted by Declarant if Declarant did not receive actual notice.
4. Documents and Subsequent Owners. Declarant has provided copies of the following documents to the initial purchasers of homes in this Development:
(i) inspection and maintenance schedules and guidelines; (ii) a limited fit and finish warranty and manufacturers' products' limited warranties; and
(iii) a copy of Title 7 of Part 2 of the Civil Code (SB 800).
The initial purchasers shall retain the foregoing documents (the "Documents") and, on transfer of title to the property to a subsequent owner, shall transfer the Documents or provide true and complete copies to the new owner(s) on or before transfer of title and instruct the new owner(s) that they are to retain the Documents and transfer or provide copies to any subsequent owner(s).
5. Covenants. The covenants, restrictions, rights, duties, benefits and burdens set forth in this Exhibit are covenants running with the land and equitable servitudes that benefit and bind each Lot and each Owner and successor Owner thereto. In addition, Declarant is a third party beneficiary of the covenants, restrictions, rights, duties, benefits and burdens set forth in this Exhibit and shall have full right, power and authority to exercise all of the rights and duties in this Exhibit without regard to whether Declarant owns any of the Lots.
6. Amendments. Notwithstanding anything in the Declaration to the contrary: (i) the provisions in this Exhibit may not be modified or waived without the prior written consent of Declarant; and (ii) the provisions in this Exhibit may be modified or waived with respect to any particular Claim with the written consent of Declarant and the Claimant or Claimants that made the Claim. The Board of Directors shall have full power and authority to approve any modifications or waivers with Declarant with respect to any Claim made by the Group. In addition, the provisions in this Exhibit may be modified with respect to any Lots owned by Declarant by filing an amendment to this Exhibit in the records of the County in which the Development is located. The amendment shall affect only Lots owned by Declarant at the time the amendment is recorded and such other Lots whose owner's consent to the amendment in writing.
7. Claims Filing Period. Nothing herein extends any time periods in which a Claim must be filed under Civil Code Sections 896 or 897 or otherwise extends any applicable statutes of limitations or statutes of repose, except as expressly authorized by law.
47000.1 23115046.8 SUBORDINATION June 18, 2026
SUBORDINATION
The undersigned, the beneficiary under the deed of trust recorded on ___________________, as Document No. _____________________ in the records of Napa County, California (the "Deed of Trust"), executed by _____________________________, a ______________________________, as Trustor, hereby subordinates the Deed of Trust to the foregoing Oak and Vine Maintenance Declaration of Restrictions (CC&Rs) (the "Declaration") so that for all purposes the Declaration shall be deemed executed and recorded prior to the execution and recordation of the Deed of Trust.
Dated:
a
By:
Name:
STATE OF CALIFORNIA )
) ss:
COUNTY OF )
On __________________ before me, ____________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Notary Public
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.