Pine Mountain Lake Association

ENVIRONMENTAL CONTROL COMMITTEE

 Construction Contract And Stop Work Order Procedures

All property owners and contractors are required to read, complete areas indicated and sign the attached “Construction Agreement and Completion Agreement” prior to plans being approved by the Environmental Control Committee. The information in both agreements is applicable to new construction, additions, improvements and/or replacements.

CONSTRUCTION CONTRACT AND STOP WORK ORDER PROCEDURES

Violation of any provision of this policy will subject the owner to applicable remedies as set forth in the PML CC&R’s, Article V, Sections 12, 14, & 15. In addition, any violation occurring during construction of an improvement will constitute cause for invoking either or both of the following procedures:

NOTICE OF VIOLATION:

In the event that an owner or his or her contractor or contractors violate the ECC policies, the recorded Declaration of Covenants, Conditions and Restrictions (CC&R’s) or the plans and specifications for the work of improvements previously approved by the ECC, a violation will deem to have occurred.

A notice, stating the nature of the ECC Violation will be posted on the property by the ECC inspector or other authorized agents. If the violation is not corrected within five (5) working days of the date the notice is posted, the owner / contractor will be charged at the rate of $100 per week until such time that the ECC violation is corrected or a written waiver is obtained from the ECC. Any such charges will be deducted from the Owners “Compliance Fee” deposit and will be in addition to any other charges or costs that may be incurred in the enforcement of this policy.

STOP WORK ORDER:

If the ECC determines that the ECC Violation is of such a nature that further progress of the work will result in a material adverse impact on the Association’s ability to correct the violation, the ECC, its inspectors or other authorized agents shall be entitled to order that the work be stopped immediately by giving notice in writing (“STOP WORK ORDER”). The Stop Work Order shall be served on any person who is doing the work, or causing the work to be done, and shall be posted on the structure or adjacent to the place where the work is being done. Upon the service or posting of the Stop Work Order, all personal shall forthwith stop the work until the ECC issues a written direction to proceed with the work.

In the event that an owner or contractor violates a Stop Work Order issued by the ECC, or erects, installs, alters, or maintains a work improvement in violation of these policies, or the CC&R’s, the matter shall promptly be referred to the Board of Directors for enforcement pursuant to Pine Mountain Lake Association policies; the CC&R’s and / or guidelines and / or other available legal and equitable remedies to the full extent permitted by law.

 RIGHT TO A HEARING:

Following the issuance of a Notice of Violation or the posting of a Stop Work Order, the owner shall be entitle to a hearing on the merits of the matter if he or she requests one in accordance with Article XIV, Section 6 of the CC&R’s. The hearing will be scheduled as soon as possible, and conducted in accordance with the provisions of that section.

 Compliance with Rules, Regulation and Guidelines:

The Owner and/or his contractor in the course of construction of improvements on the above referenced lot, shall abide by all rules and regulations of the Pine Mountain Lake CC&R’s recorded November 2, 1990 in Tuolumne County, California as document Number 19389, and further shall abide by the Environmental Control Committee Guidelines for Pine Mountain Lake and the policies adopted, from time to time, by the Board of Directors.

  1. Compliance Deposit:

In order to assure compliance with the above referenced rules, regulations, policies and guidelines, the Owner shall deposit forthwith the appropriate compliance deposit with the Association.

  1. Time of Commencement and Completion:

The construction of the improvements pursuant to this Agreement and pursuant to the plans and specifications submitted and approved by the Environmental Control Committee shall be diligently pursued and completed within one (1) year from the date of said approval. Improvements not so completed or upon which construction has ceased for ninety (90) consecutive days, or which have been partially or totally destroyed and not rebuilt within a reasonable period, shall be deemed nuisances. The Association may remove any such nuisance or may repair or compete the same and all costs and expenses incurred shall be charged to the Owner and collected as a Special Individual Assessment.

  1. Completion and Extension:

Time is of the essence in completion of construction projects. The Association may grant extensions only when extenuating circumstances can be shown. Extension must be requested in writing to the ECC. If an extension is granted it shall be in writing and signed by both parties.

  1. Controls for All Cuts of Fill and Erosion:      

All Site work, including road encroachment, excavation, clearing and soil preservation are to conform to the Tuolumne County Codes and Regulations as adopted by the Board of Supervisors. At this time, the 2010 Uniform Building Code (UBC) in its entirety is adopted.

1)       Can the excavated soil be relocated as fill on the lot itself?

2)       Will the excavated soil require removal from the lot? If so, where will it go?

3)       Erosion may be a problem due to the excavation.

4)       For further details regarding this matter, refer to Pine Mountain Lake ECC Rules, Guidelines and Construction Standards.

  1. Final Clean Up:

Before a final inspection of the work pertaining to the improvement, the owner or contractor shall clean the roadway, material sites and all ground occupied by him in connection with the work. He or she shall remove all rubbish, excess materials and equipment and shall correct any damage to Association property or adjoining properties. 

  1. Use of Compliance Deposit:

The Association may use any part of, or the entire, Compliance/Construction Deposit referred to in Number 2 of this document to correct any violations referenced in the Rules and Regulations, Policies and ECC Guidelines that are detrimental to Association property or any other property.

Any sum expended by the Association in furtherance of this agreement shall be charged and billed to the owner of said property and the owner shall be liable for such amounts as Special Individual Assessment. The Compliance Deposit, or a portion thereof, may be forfeited to the Association.

In the event that the Compliance Deposit is expended in part or total, the amount expended shall be reimbursed to the Association prior to further construction on the premises so that the deposit remains at the sum of the original deposit. In the event construction or any improvement by the owner is not in compliance with:

1)       The Rules and Regulations, Policies and Environmental Control Committee Guidelines referenced in Number 1 of this document:

2)       The plans and specification submitted by owner and approved by the Environmental Control Committee:

3)       The time, commencement and completion described in Numbers 3 and 4 of this document:

4)       The clean-up requirements set forth in Number 6 of this document.

The Association shall be authorized to utilize said funds in any manner deemed appropriate by its Board of Directors.

  1. Lien of Property:

In the event that the Association utilized the entire deposit and expends sums over and above the amount of said deposit in order to correct violations of the above Rules and Regulations, Policies and ECC Guidelines, the owner shall be assessed for such additional costs as a Special Individual Assessments. If the Special Individual Assessment is not paid in full within 15 days of the due date established by the Board, it shall be delinquent, and said sums are due and payable, as well as any other charges thereof, including interest at the rate to ten percent (10%) per annum commencing 30 days after the due date, and costs of collections, including attorney’s fees, if any, shall constitute and become a lien on the lot so charged.   The Board of Directors shall cause to be recorded in the Office of County Recorder of Tuolumne County, a Notice of Lien, with a description of the lot, which has been assessed.

 

The General Manager of the Association on behalf of the Association shall sign such notice. Upon payment of said sums due and payable by the owner, or other satisfaction thereof, the Board of Directors, through the General Manager of the Association shall, within a reasonable time, cause to be recorded a notice stating the satisfaction and the releases of said Lien.

  1. Enforcement of Lien:

The Lien provided for herein may be foreclosed by suit by the Association in like manner as a mortgage. In such event, the Association may also pursue any other remedy against any owner owing money to which is available to it by law or equity for the collection of debt.

  1. Association Facilities:

Any owner who is in violation of this agreement may be prohibited from the use of the Association Common Facilities, without limitation, the golf course, clubhouse, lake docking, tennis and swimming facilities and all other common areas and facilities.

  1. Violations:

The following general rules apply throughout the construction project.

1)       We suggest checking with the California State Contractors License and Bond.

2)       Gate passes will be issued with proof of a current California driver’s license.

3)       No work shall start before 7:00 am or continue after 7:00 pm.

No work will be performed on Sunday.

4)       Parking is not allowed on streets, adjacent property or on landscaping.

5)       All building materials are to be kept out of the streets and right-of-ways.

6)       Mud, dirt or any construction debris will be removed from the streets each day. Debris should be placed in a dumpster at the close of construction. Do not wash any debris into the storm drains, including dirt or mud. Do not wash cement truck pour chutes out on neighboring lots, streets or easements.

7)       All trash is to be placed in a designated container on a daily basis, protected from the wind.

8)       All construction sites will have a fire extinguisher.

9)       No dogs are allowed at the construction sites.

10)     No drugs or alcohol are allowed at any site where construction is in progress.

11)     All signs must comply with Pine Mountain Lake Guidelines. Only one general contractor and one lender sign will be allowed.

12)     Radios are allowed, although the volume will be limited to a level that will not interfere with neighbors.

13)     No work will start without ECC approval; however, minor clearing will be allowed to facilitate stringing.

14)     Drainage culverts are required when natural drainage is blocked.

15)     Removal of trees with trunks larger than a 5” diameter when measured 2 feet above the ground requires ECC approval.

16)     Portable toilets on site are not to be located on the road or in the right-of-way.

12. Appeals:

Any applicant shall have the right to appeal to the Board of Directors; any decision of the Environmental Control Committee within thirty (30) days after the Committee renders its decision.

13. Hold Harmless Agreement:

The purpose of the Environmental Control Committee is to inspect plans and specification submitted to it and to determine if those plans and specification comply with the CC&R’s and the ECC Guidelines, Rules and Regulations by making periodic inspections. By this application, the owner agrees that the Association and / or the ECC does not consider or assume any responsibility for any of the following:

1)       The location of any structure or appurtenant improvement to be within the boundaries of the legal description of the owners’ property.

2)       Conform the structural details or safety features of the proposed improvement.

3)       Whether or not the proposed improvement is in compliance with Tuolumne County Ordinances relating to setback and easements; or is free from possible hazards from flooding or drainage; or any problems as to access or availability of view, either as to the proposed improvements or structure or in relationship to any other lot or structure in the project.

4)       Compliance with soil erosion, sliding conditions or water runoff.

5)       Compliance with any other governmental requirements, or

6)       Construction of the proposed improvements, any appurtenances of any access (easements), or construction operations within the boundaries of the owners’ property.

Association advises the property owner to have a certified survey of the lot being developed. The owner acknowledges the following:

If the owner does not obtain a certified survey of the lot, he / she agrees to accept full responsibility for the legal boundaries of the lot. He / she agrees that he / she will not hold the Association responsible for any discrepancies that may occur.

The owner has established his / her legal property lines and permanent corner pins have been placed in accordance with the records property description.

By submitting this application, the Owner agrees to submit and waive any claim against the Association, its Board of Directors individually or as an entity, members of the Environmental; Control Committee individually or as an entity, or any of its agents, and to indemnify, defend and hold them harmless as to any claims which may be made against them by any other reason of any acts of the Owner of the acts of the  

I understand the CC&R’s and ECC guidelines and the foregoing Construction Contract and Stop Work Procedures and agree to be bound by the terms thereof. Failure to abide by the provisions of this agreement shall be considered a material breach of contract.