Uniform Lease
as Amended May 20, 1995
SALISHAN
GLENEDEN
BEACH, OREGON
L E A S E
From
SALISHAN
LEASEHOLDERS, INC.
Successor to
SALISHAN
PROPERTIES, INC.,
Lessor,
To: John Leaseholder
Mary Leaseholder
Address:
1539
West Viewmont
Portland, OR
97202
Lessees,
of
Homesite
567
Salishan
Lincoln County, Oregon
Date
July
11, 1995
T
A B L E O F
C O N T E N T S
Statement
of Salishan, Inc.'s Objectives
Leasing
Provisions
2.1
The primary rental
2.2
The maintenance rental
2.3
Increase of the maintenance rental
2.4
Equal treatment maintenance rental clause
3.1
Salishan, Inc.
3.2
The site plan of Salishan
3.3
Salishan
3.4
Common areas
3.5
The primary rental
3.6
The maintenance rental
3.7
Architectural committee
3.8
Homesite
3.9
Salishan tenant
3.10
Improvement
3.11
Mortgagee
3.12
Mortgage
Section
4. Recreational Facilities
5.1
Private ways
5.2
Nature of private ways
5.3
Easements reserved to Salishan, Inc.
5.4
Easement for retrieval of golf balls
Section
6. Maintenance of Common Areas and Maintenance Fund
7.1
Restriction on assignment or subletting without consent
7.2
Salishan, Inc.'s rights in event of mortgage
7.3
Limitation on restriction on assignment or subletting
Section
10. Real Property Taxes and Liens
10.1
Payment of future taxes
10.2
Payment of special assessments
10.3
Liens
10.4
Contest of taxes and assessments
Section
11. Repairs and Governmental Regulations
Section
14. Transfer of Salishan, Inc.'s Functions
Section
15. Right to Remove Improvements
Salishan,
Inc.'s Remedies
Section
17. Violation of Rules or Regulations Concerning Use of Private Ways
17.1
Provision for imposition of fine
17.2
Provision for barring use
Section
18. Violation of Rules or Regulations Concerning Use of Common Areas
Section
19. Violation of Provisions Relating to Use of Property
Section
20. Violation of Provisions Concerning Care and Appearance of Premises
Section
21. Violation of Provisions Concerning Landscaping
Section
24. Action to Collect Moneys Due and Damages
Section
25. Termination of Lease
25.1
Upon failure to pay primary rent
25.2
Upon failure to make other payments
25.3
Upon violation of certain provisions
25.4
Upon repeated willful violations of certain other provisions
Section
26. Provision for Protection of Mortgagee in the event of Termination
Section
27. Expenses and Attorneys' Fees
Section
28. Nonexclusiveness of Remedies
Use
of Property
Section
29. Architectural Committee
29.1
Membership
29.2
Method of taking action
29.3
Failure to function
Section
30. Approval of Plans by Architectural Committee
30.1
Reason for use of an architectural committee
30.2
Requirement for approval of construction, alteration and maintenance of
improvements
30.3
Approval for change of exterior color scheme
30.4
Time limit in which architectural committee must act on plans and
specifications
30.5
Inspection after completion of improvement
30.6
Communications to architectural committee
30.7
Building Permit Fee
Section
31. Care and Appearance of Premises
Section
32. Uses Permitted and Prohibited
32.1
Uses permitted
32.2
Temporary structures
32.3
Prohibition of house trailer, camper or mobile home
32.4
Provision for domestic animals
32.5
Prohibition of commercial activity
32.6
Provision covering garbage, etc.
32.7
Provision for clothesline
32.8
Provision for signs
32.9
Provision for fuel tank
32.10
Provision for excavation
32.11
Provision for drainage
32.12
Prohibition of occupancy prior to completion of improvements
32.13
Period of construction
32.14
Provision for exterior lighting
32.15
Provision for underground utility wires
34.1
Purpose of provision
34.2
Removal and planting of vegetation
Section
35. Protection of Lessees
L
E A S E
THIS
LEASE, made as of the date set forth above, by and between SALISHAN PROPERTIES,
INC., an Oregon corporation, the lessor, and the Lessees named above,
hereinafter called "Lessees",
W I T N E S S E T H
Salishan,
Inc. is the owner of an unspoiled wooded wilderness lying between the Pacific
Ocean and Siletz Bay in Lincoln County, Oregon, known as Salishan.
Salishan, Inc. wishes to develop Salishan into a fine community of a
distinctive character suitable for family living.
At the same time it wishes to maintain, insofar as possible, the natural
character of this scenic land and to require that all manmade structures blend
into the natural background rather than stand out against it.
Salishan,
Inc. is willing to lease to Lessees on a long-term basis a homesite in Salishan,
provided that Lessees will agree to certain conditions and restrictions on the
use of such site designed to protect Salishan and other Salishan tenants.
Lessees
wish to lease a homesite. LESSEES
UNDERSTAND THAT THEIR RIGHT TO USE THE HOMESITE WILL BE SUBJECT TO THE
COVENANTS, RESTRICTIONS, AND CONDITIONS HEREIN SET FORTH AND THAT THE SAME WILL
BE STRICTLY ENFORCED.
Now,
therefore, Salishan, Inc., for and in consideration of the agreements,
conditions, and stipulations of Lessees herein expressed, does hereby lease unto
Lessees the premises described under the caption "Description of Leased
Premises" on Schedule A.
TO
HAVE AND TO HOLD the said premises unto Lessees for the term set forth below.
It
is agreed between the parties as follows:
Leasing
Provisions
The
term of this lease shall commence as of the date set forth above and shall
terminate ninety nine years following the date hereof, unless renewed in the
manner set forth in Section 16.
2.1
Lessees shall pay to Salishan, Inc. as rental for the leased premises the
sums set forth under the caption "Primary Rental" in Schedule A.
Such rental is the primary rental.
2.2
Lessees shall pay to Salishan, Inc. as additional rental for the leased
premises the sum of $10 per month for each calendar month during the term of
this lease commencing with the calendar month succeeding the month in which this
lease is dated, which rental shall be payable in advance on or before the first
day of each calendar month. Such
rental is the maintenance rental. If
the Lessees shall desire to pay the maintenance rental for an entire calendar
year in advance, they may do so and if the maintenance rental for an entire
calendar year is paid on or before January 1st of a particular calendar year the
maintenance rental for such calendar year shall be the sum of $114.
Salishan, Inc. shall place the entire amount of the maintenance rental
reserved in this Section in a maintenance fund to be established and used as
provided in Section 6. herein; provided, however, that no maintenance rental
shall be paid prior to the month of May 1963.
2.3
Salishan, Inc. intends to charge the same sums as maintenance rental to
each Salishan tenant and to place all such sums in the maintenance fund referred
to in Section 6. If Salishan, Inc.
or Salishan tenants at any time shall deem such maintenance fund to be
inadequate for the purposes set forth in Section 6, Salishan, Inc. may increase
the amount of the maintenance rental, provided that the maintenance rental of
all Salishan tenants is increased in a uniform amount at the same time and
provided that Salishan, Inc. has first obtained the consent in writing of
Salishan tenants holding leases of 75 per cent of the homesites in Salishan.
When a particular homesite has been leased to more than one person it
will be sufficient for the purpose of obtaining consent pursuant to this Section
if Salishan, Inc. shall obtain the consent in writing of any one of the persons
named as lessee in such lease.
2.4
If Salishan, Inc. shall at any time lease a homesite within Salishan in
which provision is made for the payment of a lesser maintenance rental than that
provided herein, then the amount of maintenance rental reserved herein shall be
decreased to that amount provided in such other lease.
As
used herein the terms set forth below shall have the following meanings:
3.1
"Salishan, Inc." shall mean Salishan Leaseholders, Inc., an
Oregon non-profit corporation, the Lessor, except in Section 2.1; in the closing
paragraph of Section 6; and in Sections 14 and 25.1.
3.2
"The Site Plan of Salishan" shall mean the map of certain
property located in Sections 9 and 10, Township 8 South, Range 11 West of the
Willamette Meridian, Lincoln County, Oregon, attached hereto as Exhibit A.
3.3
"Salishan" shall mean the property owned by Salishan, Inc.
shown on the Site Plan of Salishan, Inc. may acquire in the future to become a
part of the development referred to herein.
3.4
"Common Areas" shall mean all areas within Salishan devoted by
Salishan, Inc. to the common use of Salishan tenants and shall include the
private ways referred to in Section 5, the community house, the swimming pool
and tennis courts.
3.5
"The primary rental" shall mean the rental provided in Section
2.1.
3.6
"The maintenance rental" shall mean the rental provided in
Section 2.2 as the sum may be increased as provided in Section 2.3 or decreased
as provided in Section 2.4.
3.7
The term "architectural committee" shall mean the committee
appointed in accordance with the provisions of Section 29.1 herein.
3.8
"Homesite" shall mean the areas numbered I through 168 on the
Site Plan of Salishan, together with other sites leased by Salishan, Inc. for
residential purposes within Salishan.
3.9
The term "Salishan tenant" shall mean any person having a lease
of a homesite in Salishan.
3.10
The term "improvement" shall mean every building of any kind,
fence or wall, pool, tennis court or other recreational facility which may be
erected on any homesite, any drainage system which may be established thereon
and any driveway or landscape development thereon.
3.11
"Mortgagee" shall mean any person to whom Lessees shall assign
or otherwise hypothecate their interest in this lease for security purposes.
3.12
"Mortgage" shall mean any assignment, mortgage, or other
instrument by which Lessees shall hypothecate their interest in this lease for
security purposes.
Section
4. Recreational Facilities.
Salishan,
Inc. agrees that within one year after 25 houses have been completed on
homesites in Salishan or after 125 of such homesites have been leased, whichever
occurs first, that it will build and complete a swimming pool, tennis court, and
a community house within the area of Salishan.
Salishan, Inc. will permit Lessees and their guests to use such
facilities subject to such rules and regulations as Salishan, Inc. may adopt for
the purpose of regulating the use of such facilities for the benefit of all
entitled to use the same.
5.1 Salishan, Inc. does hereby grant unto
Lessees an easement and right of way across the private ways described or
referred to in Schedule A under the caption "Description of Premises Over
Which Easement is Given Pursuant to Section 5, for the purpose of walking
thereon or traveling thereon by bicycle or motor vehicle.
The easement and right of way herein granted shall be nonexclusive and
use thereof shall be subject to such reasonable rules and regulations as
Salishan, Inc. may establish for safety purposes, for the purpose of protecting
the private ways and for the purpose of protecting the peace and quiet of
Salishan. Such rules and
regulations may include, but need not be limited to, traffic regulations in
general, speed limits, limits as to the size of vehicles which may use the
private ways and the prohibition or limitation of parking.
Lessees shall have the right to permit their guests and invitees to use
the easement and right of way shall not be assignable.
Salishan, Inc. intends to permit other Salishan tenants, their guests and
invitees, patrons of nonresidential facilities, including the golf course, and
Salishan, Inc. invitees to use the private ways.
5.2 By granting the right to Lessees
and others to use such private ways, Salishan, Inc. does not intend to dedicate
such private ways to the public but rather intends to preserve the private
character of such ways. Salishan,
Inc. shall be deemed to have dedicated such ways to the public only if it shall
file in the records of Lincoln County an instrument clearly evidencing its
intention to dedicate such ways to the public.
5.3 Salishan, Inc. reserves unto itself,
its successors and assigns, an easement and right of way over the leased
premises for the purpose of constructing and maintaining thereon:
(a) Wires and conduits for the transmission of electricity, power,
and telephone, and telecommunication messages and signals;
(b)
Pipes and mains for water, gas, heat, sewers, storm drains and land
drains; and
(c)
Any facility necessary or useful for the purpose of furnishing any other
public or quasi public utility.
5.4 If the leased premises are
adjacent to the golf course on Salishan, Lessees will extend to the owners of
errant golf balls the courtesy of entering the leased premises to retrieve the
same.
Section 6. Maintenance of Common Areas
and Maintenance Fund.
Salishan,
Inc. has reserved as maintenance rental in each lease of a homesite in Salishan
the same sum as is provided in Section 2.2 herein and Salishan, Inc. intends to
reserve such sum in any new lease of a homesite in Salishan.
Salishan Inc. agrees that it will keep the moneys reserved in Section 2.2
herein, similar moneys reserved in other leases of homesites in Salishan, and
fines collected pursuant to Sections 17.1 and 21 herein separate and apart from
its other moneys and shall use such moneys only for the following purposes:
(a) Payment
of the cost of maintaining private ways, street lights, entrance and other
signs, common areas, hiking trails, the swimming pool, tennis courts, the
community house, recreational facilities, a sewage system, a sewage treatment
plant, and other facilities designed to serve Salishan tenants;
(b) Payment
of taxes assessed against private ways and other common areas within Salishan
and the improvements thereon;
(c) Payment
of the cost of providing patrol service;
(d) Payment
of the cost of insurance, including insurance protecting Salishan, Inc. against
liability;
(e) Payment
of the cost of enforcing restrictions on the use of property in Salishan;
(f) Payment
of the costs and fees of the professional members of the architectural
committee;
(g) Payment
for other services which Salishan, Inc. deems to be of general benefit to
Salishan tenants; and
(h) Payment
to Salishan, Inc. of a portion of its overhead reasonably attributable to the
performance of the functions set forth in (a) through (g) above.
Except
as stated above no part of the maintenance fund will inure to the benefit of
Salishan, Inc. No part of the
maintenance fund will be used for the maintenance of any golf course operated by
Salishan, Inc. Salishan, Inc. shall
have no obligation to provide the services set forth above except to the extent
that moneys are available in the maintenance fund.
7.1
Lessees may assign their interest in this lease or sublet the leased
premises only after first obtaining the written consent of Salishan to such
assignment or subletting. This
provision shall not be construed to prevent the assignment of this lease for
security purposes.
7.2
In the event that Lessees shall mortgage their interest in this lease the
mortgagee shall notify Salishan, Inc. in writing at least 30 days before it
shall institute a suit or take other steps to foreclose its mortgage.
During such 30-day period Salishan, Inc. shall have the option to
purchase from the mortgagee the mortgagee's interest in the mortgage with the
obligation for which the mortgage was given as security for the amount due to
the mortgagee by Lessees on account of such obligation at the time of purchase.
In the event that such mortgagee shall intend to sell Lessees' interest
in this lease at public sale it shall give Salishan, Inc. 10 days' notice in
writing of the time and place of such sale before holding such sale and
Salishan, Inc. shall be permitted to be a bidder at such sale.
7.3
The provisions of Section 7.1 shall not be deemed to prevent the transfer
of Lessees' interest in this lease to a parent, spouse, child or grandchild of
any of Lessees, to any person to whom a Lessee shall leave such interest by
provision in his will or to any person who may receive such interest by
operation of law upon the death of one of the Lessees.
Section
8. Notices to Lessees.
Any
notice which Salishan, Inc. or the architectural committee shall desire to give
to Lessees shall be sufficient if deposited in the United States mails in an
envelope with postage prepaid addressed to Lessees at the address set forth
above unless Lessees have notified Salishan, Inc. in writing of some other
address to which notices should be sent. In
the latter event notices will be sufficient if so mailed to the Lessees at the
address which they have so furnished to Salishan, Inc.
Salishan,
Inc. warrants that it is the owner of the leased premises in fee simple free
from
all liens or encumbrances having priority over Lessees' interest herein.
Salishan, Inc. warrants that Lessees on paying the rentals herein
reserved and performing the other covenants and agreements on their part to be
performed hereunder, shall and may peaceably and quietly have, hold and enjoy
the leased premises during the entire term of this lease.
Section
10. Real Property Taxes.
10.1
Lessees will pay all ad valorem real property taxes assessed against the
leased premises and the improvements thereon for all years during the term of
this lease except that Lessees shall be required to pay only a portion of the
taxes payable with respect to the first and last years of this lease based upon
the portion of such tax year during which Lessees shall have the right to occupy
the leased premises according to the terms of this lease.
10.
2 Lessees
will pay all special assessments against the leased premises which become liens
thereon during the term of this lease.
10.3
During the term of this lease Lessees will not suffer or permit any lien
to be imposed against the leased premises which will affect Salishan, Inc.'s
interest therein. If Lessees shall
violate this provision Salishan, Inc. may take such steps as may be necessary to
eliminate the lien and shall be entitled to recover the amount paid in so doing
from Lessees at once.
10.4
Lessees shall have the right to contest the validity of any tax or
special assessment against the leased premises which they deem to have been
illegally assessed or levied and for that purpose shall have the right to
institute such proceeding or proceedings in the name of Salishan, Inc. as it may
deem necessary provided that the expenses incurred by reason thereof shall be
paid by Lessees.
Section
11. Repairs and Governmental Regulations.
11.1
Salishan,
Inc. shall have no obligation to repair or in anyway maintain the leased
premises.
11.2
Lessees will comply with all lawful orders and regulations of the County
of Lincoln, State of Oregon, or any other governmental agency having
jurisdiction over the premises with respect to the maintenance, construction
upon and occupation of the leased premises, all at Lessees' sole expense.
During
the term of this lease or any extension thereof or any occupancy hereunder
Lessees will indemnify and hold harmless Salishan, Inc. from all liability and
claims for damages by reason of any injury to any person or persons or any
damage to property of any kind whatsoever and to whomsoever belonging, including
the property of Lessees, resulting from or in any way connected with Lessees'
occupation of the leased premises or the occupation by any tenant of Lessees of
such premises. Lessees further will indemnify and save harmless Salishan,
Inc. from all demands of whatever nature resulting from noncompliance or
miscompliance with any laws, ordinances or regulations respecting the condition,
use, occupancy, sanitation or safety of the leased premises or any part thereof.
Any
waiver by Salishan, Inc. of the performance or observance of any of the
covenants and conditions contained in this lease on the part of Lessees to be
performed, or any leniency shown to Lessees in respect thereto or to any other
Salishan tenants, shall not be deemed to constitute a waiver of the right of
Salishan, Inc. to proceed against the Lessees upon any subsequent breach by
Lessees of the same or any other covenant or condition of this lease.
Section
14. Transfer of Salishan, Inc.'s Functions.
Salishan,
Inc. contemplates that at some time an organization of property owners within
Salishan may be formed. At such
time as Salishan, Inc. deems desirable Salishan, Inc. may transfer its rights
reserved hereunder and delegate its obligations to such an organization or to
any other person or entity which Salishan, Inc. deems qualified to perform
Salishan, Inc.'s functions under the terms of this lease.
In the event of any such transfer the maintenance fund referred to in
Section 6 shall be transferred subject to the restrictions contained in Section
6.
Section
15. Right to Remove Improvements.
At
any time within 60 days following the expiration or termination of this lease
Lessees shall have the right to remove from the leased premises any improvements
which shall have been constructed thereon, provided that all moneys due
Salishan, Inc. shall have first been paid, provided that any mortgagee of the
improvements shall have consented to the removal, provided that in so doing
Lessees shall leave the leased premises in as nearly as possible its natural
state and provided that before so removing any such improvements Lessees shall
furnish to Salishan, Inc. such security as Salishan, Inc. shall deem adequate to
insure that such premises shall be restored to as nearly as possible their
natural state within such 60-day period.
At
any time within six months prior to the expiration of this lease Lessees shall
have the right to renew this lease for an additional period of 20 years.
At any time within six months prior to the expiration of any extended
term of this lease Lessees shall have the option to renew this lease for an
additional 20-year term. Lessees
may exercise their option by notifying Salishan, Inc. in writing of their
election so to do within any such six-month period.
During any extended term of this lease all of the terms, covenants,
conditions and restrictions herein contained shall remain in force, except that
Lessees shall not be required to pay the primary rental reserved in Section 2.1
herein.
Salishan,
Inc.'s Remedies
Section
17. Violation of Rules or Regulations Concerning Use of Private Ways.
17.1
In the event that Lessees or any member of Lessees' family shall violate
any rule or regulation which Salishan, Inc. may establish pursuant to Section
5.1 herein, Salishan, Inc. may impose upon Lessees a fine of not to exceed
$25for each violation, which fine shall become payable at such time as Salishan,
Inc. shall deliver to Lessees notice of such fine.
The amount of the fine shall be added to the maintenance fund referred to
in Section 6.
17.2
In the event that any person other than Lessees or a member of Lessee's
family shall violate any rule or regulation which Salishan, Inc. may establish
pursuant to Section 5.1 herein, Salishan, Inc. may bar such person from further
use of the private ways in Salishan referred to in Section 5.
Section
18. Violation of Rules or Regulations Concerning Use of Common Areas.
In
the event that any person shall violate any rule or regulation which Salishan,
Inc. may establish in accordance with the provisions of Section 4 herein or for
the use of any common areas within Salishan, Salishan, Inc. shall have the right
to bar such person from further use of the recreational facilities to be
provided pursuant to Section 4 and from any common areas within Salishan.
Section
19. Violation of Provisions Relating to Use of Property.
In
the event that Lessees shall construct or permit to be constructed an
improvement on the leased premises contrary to the provisions of Section 30
herein or in the event that Lessees shall maintain any improvement or thing on
the leased premises contrary to the provisions of Sections 30 and 32 herein,
Salishan, Inc. may no sooner than 60 days after it has delivered to Lessees
notice of the violation of one or more of the provisions of such sections enter
upon the leased premises and remove any improvement or thing which may be on the
leased premises in violation of one or more of the provisions of such sections
or alter, repair or change any improvement or thing which may be upon the leased
premises in violation of one or more of the provisions of such sections in such
a manner as to make such improvements or thing conform to the provisions of such
sections. Salishan, Inc. may charge
Lessees for the entire cost of the work done by Salishan, Inc. pursuant to the
provisions of this section, which sum shall become payable by Lessees to
Salishan, Inc. at such time as Salishan, Inc. has delivered to Lessees notice of
the amount due.
Section
20. Violation of Provisions Concerning Care and Appearance of Premises.
In
the event that Lessees shall fail to comply with the provisions of Section 31
herein, Salishan, Inc. may no sooner than 30 days after it has delivered to
Lessees written notice specifying the respects in which Lessees are violating
such section enter upon the leased premises and take such steps as in its
judgment may be necessary to remedy the violation of such section.
Salishan, Inc. may charge Lessees for the entire cost of the work done by
Salishan, Inc. pursuant to the provisions of this section, which sum shall
become payable by Lessees to Salishan, Inc. at such time as Salishan, Inc. has
delivered to Lessees notice of the amount due.
Section
21. Violation of Provisions Concerning Landscaping.
Salishan,
Inc. shall have the right to impose upon Lessees a fine for each violation of
the provisions of Section 34 herein in an amount not to exceed $25 for each
shrub removed in violation of the provisions to such section and not to exceed
$25 per inch of the diameter at the stump of each tree removed in violation of
the provisions of such section, which fine shall become payable at such time as
Salishan, Inc. shall deliver to Lessees notice of such fine.
The fine shall be added to the maintenance fund referred to in Section 6.
In
the event of any violation or threatened or attempted violation of any of the
covenants, conditions, stipulations or restrictions herein contained either
Salishan, Inc. or any Salishan tenant affected or who may be affected by the
violation or threatened or
attempted violation may institute proceedings in the Circuit Court of the State
of Oregon for the County of Lincoln
or any other court of competent jurisdiction against the Lessees
or any person occupying the leased premises to enjoin the violation.
If
Lessees shall fail to pay to Salishan, Inc. any money due to Salishan, Inc.
hereunder such sum shall bear interest from the date due until paid at the rate
of 8 per cent per annum.
Section
24. Action to Collect Moneys Due and Damages.
Salishan,
Inc. shall have the right to institute an action against the Lessees to recover
any moneys which may be due from Lessees to Salishan, Inc. hereunder and any
damages which it may sustain on account of the violation of any provision
hereof.
Section
25. Termination of Lease.
25.1
If Lessees shall fail to pay the primary rent reserved hereunder or any
installment thereof within 30 days from the time when the same shall become due
Salishan, Inc. shall have the right to terminate this lease, provided that it
has delivered to Lessees at least 10 days prior to the date of termination
notice of its intention to terminate unless such rentals be paid.
25.2
If Lessees shall fail to pay to Salishan, Inc. any moneys other than
those referred to in Section 25.1 within 120 days after the same shall become
due Salishan, Inc. shall have the right to terminate this lease, provided that
it has delivered to Lessees at least 30 days prior to the date of termination
notice of its intention to terminate unless such sums be paid.
25.3
In the event that Lessees shall violate any provisions of this lease
other than the provisions referred to in 25.1 and 25.2 and those set forth in
Sections 31, 32.3, 32.4, 32.6, 32.12, 32.14, 33, and 34, and such violation is
not remedied within 120 days after Salishan, Inc. has delivered to Lessees
notice of such violation then Salishan, Inc. may terminate this lease.
25.4
In the event of repeated wilful violations of Sections 31, 32.3, 32.4,
32.5, 32.12, 32.14, 33, and 34, or of the rules and regulations adopted pursuant
to Section 5, Salishan, Inc. may terminate this lease, provided that it has
delivered to Lessees notice that it will terminate in the event of a further or
continued violation of such sections and a further or continued violation occurs
following delivery of such notice.
Section
26. Provision for Protection of Mortgagee in the Event of Termination.
26.1
Salishan, Inc. may not terminate this lease pursuant to the provisions of
Sections 25.1 and 25.2 until 120 days after it shall have sent written notice of
its intention so to do to a mortgagee whose mortgage is of record and unless the
default referred to in such sections shall not have been cured within such
120-day period.
26.2
No termination of this lease pursuant to the provisions of Sections 25.3
and 25.4 shall affect the validity of a mortgage of the leased premises or
terminate the interest of a mortgagee pursuant to such a mortgage, provided that
the mortgagee shall pay to Salishan, Inc. all moneys coming due pursuant to the
provisions of this lease subsequent to the time of termination and provided that
the mortgagee shall comply with the provisions of Section 7.2.
Section
27. Expenses and Attorneys' Fees.
In
the event that Salishan, Inc. shall bring any suit or action to enforce any
covenant or condition contained herein or to collect any money due it hereunder
or in the event that Salishan, Inc. is involuntarily made a defendant in any
litigation concerning this lease or the leased premises by reason of any act or
omission of Lessees and not because of any act or omission of Salishan, Inc.,
Lessees will pay to Salishan, Inc. Salishan, Inc.'s costs and expenses incurred
in connection with such suit or action including reasonable attorneys' fees.
Section
28. Nonexclusiveness of Remedies.
Salishan,
Inc.'s election to pursue any remedy for violation of this lease provided
hereunder shall not prevent it from following at the same time or any later time
some other remedy provided hereunder. The
remedies provided herein shall not be exclusive but shall be in addition to all
other remedies provided Salishan, Inc. by law in the event of violation of this
lease.
Use
of Property
Section
29. Architectural Committee.
29.1
The architectural committee shall at all times consist of as many
persons, not less than three, as Salishan, Inc. shall appoint.
The present members of the architectural committee are named on Schedule
A. Salishan, Inc. shall have the
right to terminate the term of office of any member of the architectural
committee at any time and to appoint new or additional members to the
architectural committee at any time. Salishan,
Inc. shall keep on file at its principal office a list of the names and
addresses of the members of the architectural committee.
29.2
Except as otherwise provided herein any two members of the architectural
committee shall have power to act on behalf of the committee without the
necessity of a meeting and without the necessity of consulting the remaining
members of the committee. The
committee may act only by written instrument setting forth the action taken
signed by the members of the committee consenting to the action.
29.3
If at any time the architectural committee shall be reduced to a number
less than three, or for any reason shall fail to function, the board of
directors of Salishan, Inc. shall serve as the architectural committee.
Section
30. Approval of Plans by Architectural Committee.
30.1
Salishan, Inc. recognizes that there can be an infinite number of
artistic conceptions and ideas for the development of homesites consistent with
its plan for Salishan. Salishan,
Inc. wishes to encourage the formulation of such conceptions and ideas.
Nevertheless, for the protection of all Salishan tenants, Salishan, Inc.
wishes through the architectural committee, to make certain that any development
of a homesite will be consistent with its plan for Salishan.
The architectural committee has prepared an architectural checklist
setting forth general concepts for the development of Salishan which is
available at the office of Salishan, Inc. Such
checklist may be modified from time to time.
30.2
Lessees will not construct, alter or maintain any improvement on the
leased premises until:
(a)
The Lessees have submitted to the architectural committee two complete
sets of plans and specifications therefor in form satisfactory to the
architectural committee, showing insofar as is appropriate (i) the size and
dimensions of the improvement, (ii) the exterior design, (iii) the exterior
color scheme, (iv) the exact location of the improvement on the homesite, (v)
the location of driveways and parking areas, (vi) the scheme for drainage and
grading, and (vii) the landscaping arrangement; and
(b)
Such plans and specifications have been approved in writing by the
architectural committee and a copy of such plans and specifications as finally
approved deposited for permanent record with the committee.
Approval of said plans and specifications
may be withheld, not only because of their noncompliance with any of the
restrictions and conditions contained in this lease, but also because of the
reasonable dissatisfaction of the architectural committee with the grading and
drainage plan, the location of the structure on the homesite, the color scheme,
the finish, design, proportions, shape, height, style, or appropriateness of the
proposed improvement or alteration, the material used therein, the kind, shape ,
or type of roof proposed to be placed thereon or because of its reasonable
dissatisfaction with any matters or things which, in the reasonable judgment of
the architectural committee, would render the proposed improvement inharmonious
or out of keeping with Salishan, Inc.'s objectives or the improvements erected
on other homesites in the immediate vicinity of the leased premises.
30.3 In the event that Lessees shall wish to
change the exterior color scheme of any improvement they shall submit to the
architectural committee such information with respect to their proposed change
as the architectural committee shall require and shall make such change only
after approval in writing has been obtained from such committee.
30.4 If at any time Lessees shall have submitted
to the architectural committee plans and specifications in accordance with
Section 30.2 for a dwelling house and the architectural committee shall have
neither approved such plans and specifications with 30 days from the date of
their submission nor notified the Lessees of its objections within such 30-day
period, then such plans and specifications shall be deemed to have been approved
by the architectural committee. Similarly,
in the event that Lessees shall have filed revised plans and specifications for
a dwelling house with the architectural committee after receiving objections
from the architectural committee as to the plans and specifications originally
filed and the architectural committee shall have neither approved nor notified
the Lessees of its further objections within such 30-day period, then such
revised plans and specifications shall be deemed to have been approved by the
architectural committee.
If
at any time Lessees shall have submitted to the architectural committee plans
and specifications in accordance with Section 30.2 which do not include the
construction of a dwelling house or the information required by Section 30.3 and
the architectural committee shall have neither approved such plans and
specifications or color scheme within ten days from the date of their submission
nor notified Lessees of its objections within such 10-day period, then such
plans and specifications or color scheme shall be deemed to have been approved
by the architectural committee. Similarly
in the event that Lessees shall have filed revised plans or specifications which
do not include the construction of a dwelling house or a revised color scheme
with the architectural committee and the architectural committee shall have
neither approved nor disapproved such revised plans and specifications or color
scheme within ten days from the date of their submission, then such revised
plans and specifications shall be deemed to have been approved by the
architectural committee.
30.5 Whenever Lessees have completed an
improvement they shall promptly notify the architectural committee in writing.
Any member of the architectural committee on any weekday between the
hours of 9:00 o'clock a.m. to 5:00 o'clock p.m. within 60 days following the
time the Lessees have so notified the architectural committee of the completion
of an improvement may inspect such improvement for the purpose of determining
whether it complies with the plans and specifications approved by the
architectural committee. In the
event that the architectural committee shall determine that such improvement
does not comply with such plans and specifications it shall notify the Lessees
within such 60-day period, whereupon the Lessees within such time as the
architectural committee shall specify, not less than 30 days, however, from the
date of notice, either remove such improvement or alter it so that it will
comply with such plans and specifications.
In the event that the architectural committee shall not communicate with
the Lessees within 60 days from the time that they have notified the
architectural committee of the completion of the improvement, the improvement
shall conclusively be deemed to be satisfactory to the architectural committee.
30.6 All communications to the architectural
committee shall be delivered by hand or by mail to Salishan, Inc. at its
principal office.
30.7 Salishan, Inc. may impose a building
permit fee at a rate which will be uniformly applicable to all Salishan tenants
and no construction pursuant to approved plans and specifications may be
commenced prior to the time such fee is paid.
Salishan, Inc., may retain $50.00 of such fee for its own use so long as
it continues to provide facilities for burning of waste materials. It shall pay the remainder of such fee into the maintenance
fund.
Section 31. Care and Appearance of
Premises.
Lessees
shall maintain the improvements on the leased premises and the lease premises
and the grounds of such premises in
a neat and attractive manner, and in particular shall keep the grass and weeds
cut, the shrubbery pruned and dead trees, shrubbery and plants removed.
Lessees shall keep the exterior of improvements on the leased premises in
a good state of repair and appearance.
Section 32. Uses Permitted and
Prohibited.
32.1 Lessees shall use the leased premises
solely for residential purposes, and no building, other than a single family
dwelling house and appurtenant out-buildings, including garages for private use,
shall be constructed or maintained on the leased premises. Outbuildings may include a guest house and servants'
quarters, but no outbuildings shall be used by persons other than immediate
family, servants, or guests of the Lessees.
No dwelling unit may be rented or leased for a term of less than thirty
(30) consecutive days.
32.2 Temporary structures shall be permitted
on the leased premises during the period of construction of a dwelling house if
approved by the architectural committee, but such temporary structure shall be
removed within 30 days after completion of said dwelling house or within six
months after the date said temporary structure was erected, whichever period
expires first.
32.3 Except with the approval of Salishan,
Inc., Lessees at no time shall keep or permit to be kept on the leased premises
any house trailer, truck camper or mobile home.
Boat trailers shall be parked at all times on the leased premises and not
on private ways.
32.4 No domestic animals of any kind shall be
raised, kept or permitted upon the leased premises or any part thereof other
than dogs, cats and birds which are not kept, bred or raised thereon for
commercial purposes or in unreasonable numbers and which are reasonably
controlled to avoid their being a nuisance to other tenants.
32.5 No commercial activity of any kind shall be
carried on in or from the leased premises; provided, however, that since
Salishan has been particularly planned and laid out as a community attractive to
artists, nothing in this section shall be construed to prevent any artist from
pursuing his artistic calling upon the leased premises, as long as he does not
advertise or offer for sale to the public his products upon the leased premises.
32.6 No garbage, refuse, rubbish or cuttings shall
be deposited upon or left on the leased premises unless placed in an attractive
container suitably located and screened from public view.
32.7 No clothesline shall be located on the leased
premises so as to be visible from a private way, dwelling house or another
homesite, from public areas in Salishan or from the golf course.
32.8 Lessees shall at no time maintain any
sign or other advertising device of any character upon the leased premises,
except that they may maintain one sign, not larger than 400 square inches,
advertising the property for rent or this lease for sale.
32.9 No fuel tank shall be maintained above ground
on the leased premises unless screened from view in a manner satisfactory to the
architectural committee.
32.10 Except with the permission of the
architectural committee or except as may be necessary in connection with the
construction of an improvement no excavation shall be made on the leased
premises nor shall any dirt be removed therefrom.
32.11 Except with the approval of the
architectural committee the natural drainage on the leased premises shall not be
changed.
32.12 Except with the approval of Salishan,
Inc. no person shall reside upon the leased premises until such time as the
improvements to be erected thereon in accordance with plans and specifications
approved by the architectural committee have been completed.
32.13
Lessees shall not permit the exterior of any improvement to be
constructed on the leased premises to remain incomplete for a period longer than
one year from the date upon which construction of the improvement was commenced
unless they have first obtained the permission in writing of Salishan, Inc.
32.14
The Lessees shall neither install nor maintain exterior lighting of any
sort which is visible from a street or from the dwelling house of any Salishan
tenant without first obtaining the permission of the architectural committee.
32.15
The Lessees shall not maintain any power, telephone or other utility
wires or conduit serving the leased premises above ground without first
obtaining the approval of the architectural committee.
It
is important that Lessees shall restrict the height of improvements on the
leased premises and the height of trees and vegetation growing thereon to the
end that the view of other Salishan
tenants shall be preserved to the greatest extent reasonably possible.
Limitation as to the height of improvements will be accomplished through
the provisions contained in Section 30. The
architectural committee shall have the responsibility for determine whether
trees or other vegetation on the leased premises unreasonably interfere with the
view of other Salishan tenants. In
any case in which the architectural committee shall determine that there is such
interference it shall send a notice in writing to the Lessees, which notice
shall set forth the extent to which the trees or other vegetation shall be
pruned or removed. If within 30
days after receipt of such notice the Lessees have not caused trees or other
vegetation to be pruned or removed to the extent required by the architectural
committee, Salishan, Inc., at its expense, may do such work, provided that
Salishan, Inc., if it desires, may charge the cost of such work to the Salishan
tenant who has requested the pruning or removal of such trees or other
vegetation.
34.1
It is the desire of Salishan, Inc. to preserve the natural vegetation of
Salishan to the greatest extent possible and to preclude the planting of trees,
shrubs, lawns and other vegetation thereon not indigenous to Salishan.
34.2
The Lessees shall neither remove from the leased premises any tree,
shrub, or other vegetation, nor shall they plant any new tree, shrub or other
vegetation, without having first obtained the permission in writing of one
member of the architectural committee.
Section
35. Protection of Lessees.
Salishan,
Inc. agrees that it will include provisions either identical or substantially
similar to those contained in Sections 29 through 34 herein in each lease of a
homesite in Salishan and that in the event that any time Salishan, Inc. may sell
a homesite in Salishan that such homesite shall be sold subject to restrictions
similar to those set forth in such Sections 29 through 34.
WHEREAS,
Salishan Leaseholders, Inc., an Oregon Corporation, is successor
in
interest to Salishan Properties, Inc., it is the intent of this instrument that
wherever
"Salishan
Properties, Inc." or "Salishan Inc." appears in this instrument,
it shall mean
Salishan
Leaseholders, Inc.