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Taviawk HOA FINE SCHEDULE FOR CC&R VIOLATIONS DURING CONSTRUCTION PHASE AND SUBSEQUENT HOMEOWNER VIOLATIONS

Fine for first violation: None. Letter sent to owner and general contractor. A phone call will be placed to the general contractor by the ACC. -Owners with extenuating circumstances should provide a request for a variance in writing to the Board. Fine for second violation: $100 per day or per occurrence, whichever is applicable. Fine for third and each succeeding violation: $250 per day or per occurrence, whichever is applicable.

ADDITIONAL CONDITIONS OF APPROVAL


NOVEMBER, 2012
1. MODIFICATIONS. Prior to making ANY MODIFICATIONS during the Construction Phase that would affect building siting, site coverage, finish floor elevation, building footprint, building height, parapet heights, exterior openings, exterior colors, or other changes in the exterior appearance of the project, the changes must first be submitted to and approved by the Kayenta Architectural Control Committee (ACC) The ACC generally allows time at each monthly meeting to consider construction revisions with the Owners and/or their Contractor. The ACC will expedite the review as quickly as possible. However, the Owner and Contractor must understand that the decision may take some time to process and it is very important that you and/or your Contractor contact the ACC prior to deviating from the approved construction documents to allow adequate time to render a fair and reasonable decision. 2. EXCAVATION LIMITATION: There shall be no cuts in the terrain of a greater height than the height of the residence 3. CONSTRUCTION PROGRESS will be observed a minimum four times by a two-person team of Construction Observers (Observation Team) appointed by the appropriate Homeowners Association Board of Directors (Board). 4. CONSTRUCTION HOURS: Tools and equipment (noise or smoke-producing) used in the construction of the Dwelling may be operated ONLY during the periods between 6:30 AM and 5:00 PM (May through September) and from 7:30 AM to 5:00 PM (October through April) on weekdays and Saturdays (except Holidays). Concrete pours as part of the construction of the Dwelling may occur during the periods between 5:30 AM. and 5:00 PM (May through September) and from 7:00 AM to 5:00 PM (October through April) on weekdays and Saturdays (except Holidays). 5. CONSTRUCTION PERIOD: Construction of dwelling units shall be diligently pursued to substantial completion which shall occur within fifteen months of commencement, subject to extensions by the ACC at its sole discretion. 6. CONSTRUCTION DAMAGE & SECURITY DEPOSIT: All damage caused by construction activity (including construction related vehicles), shall be promptly repaired by the Owner or his Contractor. The Owner shall post with the appropriate Homeowners Association, in advance of the commencement of construction, a refundable security deposit for the purpose of, among other things, repairing streets and landscaping damaged during construction, removing debris from streets and constructions sites and insuring compliance with conditions of the CC&Rs. 7. PROTECTION OF NATURAL VEGETATION: Natural vegetation shall be protected from vehicular traffic and unnecessary pedestrian/workman foot traffic. Disturbed vegetation shall be re-vegetated according to the requirements deemed necessary by the ACC. No construction material and/or equipment shall be stored, operated or parked at any time within the natural, undisturbed area of the site designated as Natural Area on the Site Plan (except as required for installation of the municipal utilities and Wastewater Disposal System). 8. STREET PROTECTION: Immediately upon completion of the Dwelling floor slab, the Contractor shall place and compact four inches of approved road base at all excavated areas of the driveway. 9. CONSTRUCTION SIGN. One construction sign supplied by the Contractor, or Owner/Builder, for each lot during primary construction or reconstruction of a Dwelling Unit or Improvement. Such sign shall be located on the Lot facing its access Street adjacent to the construction entrance; and shall contain the lot number and street address, the Contractor's name and telephone number and the Owner's name and building permit number; The sign shall extend no more than 28" above grade and shall not be larger than eighteen inches by twenty-four inches; and shall be of sage green color. The sign shall conform with exactness to the sample construction sign bearing the Board's stamp of approval and available at the Kayenta Office. All construction signs shall be removed upon completion of the Dwelling Unit or Improvement. Signs not complying with these regulations may be removed by the Board without notice. The Board shall not be liable for any loss of any type associated with the removal of such offending signs. Sub-contractor and/or material supplier signs are not permitted on the construction sites at any time. CONSTRUCTION FENCING: Prior to placing foundations or delivery of any building materials, the Contractor shall install (and maintain) four foot high metal or vinyl fencing (with metal stakes) as required to protect the natural area of the site from parking and storage of building materials. The location of the fencing shall generally follow the non-disturbance line indicated on the Approved Site Plan. If site topography prevents installation of the fencing, the Contractor shall verify an approved alternate fencing location with the Observation Team. Approved fencing colors in Shonto and Kwavasa/Posovi are black, green and orange; in Taviawk the approved colors are black and green.

FORM A - KACC ADDITIONAL CONDITIONS Revised 11/20/12

10. CONSTRUCTION FENCING: Prior to placing foundations or delivery of any building materials, the Contractor shall install (and maintain) four foot high metal or vinyl fencing (with metal stakes) as required to protect the natural area of the site from parking and storage of building materials. The location of the fencing shall generally follow the nondisturbance line indicated on the Approved Site Plan. If site topography prevents installation of the fencing, the Contractor shall verify an approved alternate fencing location with the Observation Team. Approved fencing colors in Shonto and Kwavasa/Posovi are black, green and orange; in Taviawk the approved colors are black and green. 11. STREET PARKING Construction associated vehicles may be parked on the streets of the properties for a period of time not exceeding twelve hours during a construction day. No construction materials and/or equipment (including trailers) shall be stored on the streets at any time. Construction workers shall comply with parking restriction signs posted in the vicinity of active construction sites. 12. TRASH AND CONSTRUCTION DEBRIS: Prior to the beginning of any construction work on the site (excluding excavation and grading), a commercial trash bin with lid or cover shall be placed on the site. The trash bin shall not be placed in the un-disturbed natural area of the site. During the construction period, trash and/or construction debris shall be stored in the aforementioned bin and shall be periodically removed from the site. At the completion of construction, the entire site shall be left free of any trash and/or construction debris. The burning of any trash and/or construction debris on the project site within Kayenta property IS ABSOLUTELY PROHIBITED. No construction debris shall be buried on the site. 13. PORTABLE TOILET: Prior to the beginning of any construction work on the site (including excavation and grading), a commercial portable toilet shall be placed on the site. The portable toilet shall be serviced weekly (or more frequently if conditions require additional servicing.) The portable toilet shall be sufficiently secured in place using metal stakes. 14. FIRES. There shall be no exterior fires whatsoever except barbeque fires contained within receptacles therefore and fire pits in enclosed areas and designed in such a manner that they do not create a fire hazard. Contractor's keep warm fires are NOT permitted during construction. 15. SITE PREPARATION: A fixed elevation Benchmark (Hub) shall be placed at a permanent location on the site prior to ACC final approval of th Construction Documents. This Benchmark shall be used to establish the finished floor elevations of the Dwelling. Prior to placing concrete footings, Contractor shall verify pad elevation with the ACC. 16. WASTEWATER DISPOSAL SYSTEM: Prior to commencing excavation for a Wastewater Disposal System, the Contractor shall verify location of the Septic Tank, and the Absorption Field, Absorption Bed or Seepage Trench with the ACC 17. DRIVEWAY GRADE: If driveway finish grade is not a constant grade change from street to the garage, the Contractor shall provide a profile of the proposed grade to the ACC for approval prior to grading driveway. 18. EXTERIOR COLORS:. A Color Approval Application shall be submitted to and approved by the ACC prior to application of any exterior colors including exterior wall surfaces and exterior trim. Exterior window frames shall be a dark color. 19. MECHANICAL EQUIPMENT: Mechanical and/or electrical equipment (including electrical service panels) shall be concealed from view from the street and neighboring sites. Surrounding walls shall be of sufficient height to adequately screen the equipment from view. Exterior mechanical equipment shall be installed on a concrete 4" thick concrete slab. 20. UNPAINTED METAL ITEMS: Miscellaneous metal items such as chimney caps, water heater and forced air heater vents, electrical panels, television antennas and supports, etc., shall be painted to match color of adjacent surfaces. 21. PARAPET HEIGHTS shall be a minimum 7 inches higher than the adjacent adjoining roof; and shall not be changed without ACC approval. 22. ROOFING COLOR for horizontal surfaces shall be Black EPDM, exterior wall color, or the color Quest. The inside of parapets and vertical surfaces shall be exterior wall color. 23. DIRECT SATELLITE SYSTEM (DSS) MINI-DISH, shall be installed below top of background parapet and painted to match adjacent surfaces per detail shown on the drawings. Other types of TV Satellite Dishes require specific ACC approval.

FORM A - KACC ADDITIONAL CONDITIONS Revised 11/20/12

24. GLASS BLOCK shall be recessed a minimum 6" from the outside face of the exterior wall. Glass bock shall be installed with brown mortar (Davis Concrete Kahlua color), or mortar colored to match exterior wall color of the dwelling. 25. SKYLIGHTS shall have a flat top surface and shall be concealed behind parapet walls. Domed skylights and Solartube type skylights are not permitted 26. SPARK ARRESTERS: All wood-burning fireplaces, including free-standing fireplaces and fire pits shall be equipped with ACC-approved spark arresters. 27. METAL FIREPLACE AND/OR WOOD STOVE FLUES: Flues penetrating roof or exterior walls shall be installed in compliance with an ACC-approved flue design. 28. METAL POOL FENCING shall be painted a non-glossy finish with color to match exterior wall color of the Dwelling Unit or Improvement. 29. SOLAR ENERGY SYSTEMS may be installed in compliance with ACC approval. Solar collector panels shall be concealed from view from the street and neighboring sites. 30. LIGHTING: Exterior lights of a high intensity nature, including, without limitation, mercury vapor, sodium vapor and fluorescent, shall not be used on the Properties. All direct point source of lighting shall be shielded from view from the street and neighboring sites.. All exterior lighting fixtures shall be approved by the ACC prior to installation. 31. LANDSCAPING: Prior to installing any landscaping material a Landscape Plan shall be submitted to and approved by the ACC. Landscaping shall be in conformance with the latest adopted edition of "Landscaping at Kayenta" guidelines. 32. AS-BUILT: The homeowner shall provide the ACC with a signed Site Certification Document to confirm that coverage allowance was not exceeded and site is an accurate placement of home. 33. PREMISE IDENTIFICATION: Provide minimum 4" high house numbers (with a minimum stroke of.5") with a contrasting background. Numbers shall be placed in a position that is plainly legible and visible from the street fronting the property and within the property line. The numbers shall be a local desert color and shall comply with Landscaping Rules and Guidelines.

FORM A - KACC ADDITIONAL CONDITIONS Revised 11/20/12

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