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Seven Springs Owner's Association - Articles of IncorporationARTICLES OF INCORPORATION OF SEVEN SPRINGS OWNERS' ASSOCIATION ARTICLE I NAME 160159'7 GNDOM5ED FILED In IM office of IM Sec.Ho.y o7 of " Stu% of Coliform MARCH RX Ell. Somtary of State The name of the corporation is SEVEN SPRINGS OWNERS' ASSOCIATION (hereinafter referred to as the "Assoc-iation"-) ARTICLE II PUBLIC VVOkKS 1990 PURPOSES OF THE ASSOCIATION This Association is a nonprofit mutual benefit corpora- tion organized under the California Nonprofit Mutual Benefit Corporation Law. The purpose of this Association is to en- gage in any lawful act or activity for which a corporation may be organized under such law. This Association does not contemplate pecuniary gain or profit to its Members. The specific and primary purposes for which the Association is formed are. to provide for man- agement, administration, maintenance, preservation and ar- chitectural control of the Lots and Common Area within the real property (the "Project") situated in the City of Cupertino, County of Santa Clara, State of California, commonly known as Seven Springs, a Common Interest Development of the type known as a planned development project, and to promote the health, safety and welfare of all residents within the Project and such additions as may hereafter be brought within the jurisdiction of the Association for those purposes, all according to that certain Declaration of Covenants, Conditions and Restrictions of Seven Springs (the "Declaration") recorded or to be recorded with respect to the Project in the Official Records of the County of Santa Clara, State of California. ARTICLE III LIMIT ON POWERS Notwithstanding any statement herein to the contrary, the Association shall not engage, except to an insubstantial degree, in any activity or exercise any power that is not in furtherance of its specific and primary purposes. This Association is intended to qualify as a homeowners associ- ation under the applicable provisions of Section 528 of the LITTLE & SAPIILO 1 10/21/86 ATTORNEYS AT I.AW A9 QUAIL COURT. SUITE 311 WALNUT CRFEK. CALIFORNIA 94396 (4151944-0300 United States Internal Revenue Code ("IRC") and of Section 23701t of the Revenue and Taxation Code of the State of California ("R&TC"), as each may be amended from time to time. No part of the net earnings of this Association shall inure to the benefit of any private individual except as ex- pressly provided in IRC Section 528 and R&TC Section 23701t with respect to the acquisition, construction or provision for management, maintenance and care of the Project, other than by a rebate of excess assessments. ARTICLE IV GOVERNANCE The rights of Members, number of Members, manner of election of the Directors and all other matters concerning the operation and governance of the Association shall be as set forth in the Bylaws and the Declaration. ARTICLE V AGENT FOR SERVICE OF PROCESS The name and address of the Association's initial agent for service of process is: Gregory J. Erickson c/o The Gragnry nr UT 220 Twin Dnl(3hin nr;ve, Suite C Redwood City, CA 94065 ARTICLE VI DISSOLUTION In the event of the dissolution, liquidation or wind- ing -up of the Association upon or after termination of the Project, in accordance with provisions of the Declaration, the Association's assets remaining after payment, or provi- sion for payment, of all debts and liabilities of the Association shall be divided among and distributed to its Members in accordance with their respective rights therein. ARTICLE VII AMENDMENTS Amendments to these Articles of Incorporation shall re- quire the affirmative vote or written assent of the Members as follows: LITTLE & SAPUTO ATTORNEYS AT LAW 19 QUAIL COURT, SUITE 311 WALNUT CREEK. CALIFORNIA 915% 11151 911-0300 E 10/21/86 A '16, A. Fifty-one percent (51%) of all Directors; and B. 1. When a one class voting structure is in effect: (i) Fifty-one percent (51%) of the total voting power of all Members; and (ii) Fifty-one percent (51%) of the total voting power of all Members other than Declarant; or 2. When a two class voting structure is in ef- fect, fifty-one percent (51%) of the total voting power of each class of Members. IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of California, the undersigned has executed these Articles of Incorporation this 2nd day of December , 1987. Name I hereby declare that I am the person who executed the above Articles of Incorporation and that such instrument is my act and deed. *% LITTLE & SAPUTO 3 10/21/86 ATTORNEYS AT LAW 49 QUAIL COURT, SUITE 311 WALNUT CREEK. CALIFORNIA 945% 14151 944-0300