Forest Hill Association Agreement

LAST UPDATED DECEMBER 2019

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the owner or owners of a lot or lots, hereinafter designated, in one or both of those certain tracts of land in the City and County of San Francisco, State of California, known as FOREST HILL and/or FOREST HILL COURT, as per maps thereof filed, respectively, May 8, 1913, in Map Book “G” at pages 100 and 101, and September 11, 1913, in Map Book “H” at pages 2 and 3, in the office of the County Recorder of the said City and County of San Francisco, in consideration of the services to be rendered by FOREST HILL ASSOCIATION, a corporation organized and existing under the laws of the State of California, and incorporated for the purpose of maintaining and keeping up said tracts of land above mentioned, and in consideration of the mutual promises of the parties hereto each to the others as covenantors and covenantees, and expressly for their successors in interest and assigns, the parties hereto do mutually covenant and agree as follows:

  1. That no building or structure which now is or may hereafter be erected upon said lands, or any part thereof, shall be used for any purpose except that of a private dwelling house, or appurtenances thereto, designed and intended for occupancy of one family. No portion of any such building or structure shall be rented to any person or persons except members of the family occupying said building or structure as a private dwelling house.
  2. That no trade, business or manufacturing of any kind, or anything in the nature thereof, shall be carried on, or be conducted upon said real property, or any part thereof, and no store, grocery or mercantile business shall be located or constructed on any part of the said land or conducted thereon.
  3. That at no time shall any saloon be maintained or conducted on said premises, or any part thereof, nor shall any spirituous or malt liquors be manufactured, sold, or offered for sale, exchange, or barter or dealt in thereon.
  4. That no dwelling house, garage or other outbuilding shall be erected on said property in Forest Hill and/or Forest Hill Court Tracts unless and until the plans and specifications thereof have been submitted to and approved by the Board of Directors of the Forest Hill Association; that no private dwelling house shall be erected or placed on said property, or any part thereof, which shall contain less than one thousand five hundred (1,500) square feet of net living area; that without the prior approval of the Board of Directors of said Forest Hill Association and of the adjacent adjoining land owners, no dwelling house or garage or other outbuilding shall be built or maintained within fifteen (15) feet of the street line, as described in the deed from Newell-Murdock Realty Company to the original purchaser thereof, nor shall any part or portion of any dwelling house or garage or other outbuilding be located within two (2) feet of the property line of any lot or lots of any contiguous property owner.  The provisions of this paragraph 4 shall not, however, apply to any dwelling house or garage or any outbuilding which has heretofore been erected upon said property.
  5. That no apartment house, duplex dwelling, flat or other multiple dwelling building shall be built or placed upon said property, or any part thereof; that no more than one private dwelling house shall be built or placed upon any one lot, and that each and every private dwelling placed upon said property shall be of a height no greater than two (2) stories and garage, save and except when said building is placed on a sloping lot and said building is two (2) stories in height at the higher end of the lot.
  6. That no fence or wall or similar structure shall be built or placed on said land, or any part thereof, or along any boundary line thereof, which is of a greater height than six (6) feet from the lot level.
  7. That each of the parties hereto, hereby agrees to pay to said Forest Hill Association, at the office of the Secretary, annually, an amount equal to 7.2 mills ($.0072) per square foot of area of each lot or lots owned on the first day of December of each year, respectively, by such party, in said Forest Hill and/or Forest Hill Court; said payment shall be made on or before the 30th day of January of the next succeeding year, the first of said payments to take place on or before the 30th day of January 1962.

(SEE AMENDMENT IN PARAGRAPH EIGHTEEN.)

That the parties hereto and each of them do hereby grant to the Board of Directors of said Forest Hill Association the right, power and authority to increase or decrease, from time to time, except as herein limited, the foregoing assessment of 7.2 mills ($.0072) for each square foot of property, in order adequately to provide for the operation and expenses of the said Forest Hill Association as hereinafter set forth; provided, however, that said assessment shall not be altered from said rate of 7.2 mills ($.0072) per square foot for a period of five years from the effective date hereof nor shall any subsequent rate thereafter established be further changed or altered within five years of the date upon which said altered rate of assessment shall become effective; provided further, however, that any such change shall not be established unless and until: (a) the same has been proposed formally at a regular meeting of the Board of Directors; and (b) notice of the introduction of said proposal has been mailed to the members of the Forest Hill Association by its Secretary or an Assistant Secretary within ten (10) days of the introduction of said proposal; and (c) the said proposal has been formally adopted by the Board of Directors at its second regular meeting next succeeding the mailing of said notice to said members.

That no change in the rate of assessment as established by action of the Board of Directors, as hereinabove set forth, shall become effective unless and until a certified and acknowledged copy of the Resolution or Resolutions of the Board of Directors so establishing the same and containing a recitation that all of the above mentioned requirements for a change in the rate of assessment have been complied with and further containing a reference to the said real property described as

Forest Hill and/or Forest Hill Court, as per maps thereof filed, respectively, May 8, 1913, in Map Book “G” at pages 100 and 101, and September 11, 1913, in Map Book “H” at pages 2 and 3, in the office of the County Recorder of the City and County of San Francisco, State of California.

shall be recorded in the office of the Recorder of the City and County of San Francisco, State of California.

That as security for the payments so to be made by the parties hereto, as hereinabove provided in this paragraph 7, the parties hereto do each hereby give and grant to said Forest Hill Association a lien on each and every of the lots owned by the undersigned in said Forest Hill and/or Forest Hill Court, provided, however, that the lien hereof shall be subject and subordinate to any mortgage or deed of trust, prior to any foreclosure thereof, which may be placed upon the said property or executed by any of the parties hereto in favor of any bank, building and loan association, savings and loan association, trust company or insurance company; provided, however, that after any such foreclosure the said lien shall reattach to the said lot or lots.

That the said Forest Hill Association agrees to expend the said money, so to be paid as herein provided, for the maintenance and upkeep of the tracts above-mentioned, and in defraying the necessary expense thereto, including the cost of maintaining said corporation in the manner and as may be determined by its said Board of Directors, including the expenses which may be incurred in enforcing the terms and provisions of this Agreement.

  1. That each and every conveyance hereafter executed by any of the parties hereto, or their successors in interest or assigns, shall contain each and all of the restrictions herein contained and if said conveyance does not so provide, then in that event, each and all of the restrictions herein provided for shall be binding upon each and all of said covenantors and covenantees and their successors in interest and assigns of the property herein described.
  2. That this Agreement is expressly made for the benefit of each and all of the parties hereto and for the benefit of said lands now owned by each and all of the parties hereto, and is made by the covenantors and each and all of them expressly for themselves, their successors, and assigns and each of them, and for the benefit of said lands owned by the covenantees, and each and all of them and their successors and assigns and is so to be construed as such; that all the covenants and/or restrictions herein contained and hereinabove set forth shall inure to and shall run with the land and premises herein described and hereinabove referred to, and shall be binding on said covenantors and covenantees, and each and all of them, and upon the successors in interest and assigns of each and all of them, and that each and all of the said covenants and/or restrictions are also made for the benefit of said Forest Hill Association, and of said Forest Hill and/or Forest Hill Court above described, and for all other owners and future owners of any lot or lots therein.
  3. That if any of the parties hereto, or other resident and/or property owner in said Forest Hill and/or Forest Hill Court, or their successors in interest or assigns, shall violate the provisions herein contained, or any part of them, then in such event any party or person signing this Agreement or similar agreement relative to other lots in said Forest Hill and/or Forest Hill Court, or their successors in interest or assigns, or said Forest Hill Association acting on their behalf or in its own right, may resort to an action at law or equity for relief by way of damages and/or injunction, and the selection of any one of said remedies shall not preclude said party, or parties, from thereafter resorting to any other or different form of action.
  4. That this Agreement may be executed in counterparts by any of the parties with the same force and effect as if signed by all parties on one counterpart.
  5. That if any provision or provisions of this Agreement shall be for any reason invalid or unenforceable, unless the effect thereof would be to materially alter or defeat the purposes hereof, the remaining provisions shall nevertheless be carried into effect and remain in full force and effect.
  6. That upon this Agreement becoming effective, this agreement shall replace and supersede prior covenants running with the land as between the parties hereto and that as between the parties hereto the terms and provisions of this agreement shall control in connection with any dispute between any of the covenantors and covenantees hereunder, their successors in interest or assigns, subject only to the appropriate laws of the State of California and ordinances of the City and County of San Francisco.
  7. That this Agreement shall become effective on the date on which the said Forest Hill Association shall record in the office of the County Recorder of the City and County of San Francisco, a certificate, executed by its President and Secretary, and acknowledged by said Forest Hill Association, which said certificate shall state that of the total of three million, three hundred seventy-two thousand, one hundred ninety-nine (3,372,199) square feet of area contained in said Forest Hill and Forest Hill Court, above described, the owners of two million, two hundred forty-eight thousand, one hundred thirty-two (2,248,132) square feet of said total area contained in said Forest Hill and Forest Hill Court, above described, shall have entered into this Agreement, and which said certificate shall contain a reference to the said real property described as

Forest Hill and/or Forest Hill Court, as per maps thereof filed, respectively, May 8, 1913, in Map Book “G” at pages 100 and 101, and September 11, 1913, in Map Book “H” at pages 2 and 3, in the office of the County Recorder of the City and County of San Francisco, State of California.

provided, that, if said certification be not recorded on or before the 31st day of December 1961 this Agreement shall become void and be of no force or effect whatsoever.

  1. That this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, personal representatives, successors in interest and assigns.
  2. The provisions of paragraph 7 were amended by resolution of the Board of Directors of November 4, 1974 increasing the assessment rate from 7.2 mills (.0072) per square foot to 14.4 mills (.0144) per square foot.
  3. The provisions of paragraph 7 were amended by resolution of the Board of Directors on January 5, 1987 increasing the assessment rate from 14.4 mills ($.0144) per square foot to 32.4 mills ($.0324) per square foot.
  4. The provisions of paragraph 7 were amended by resolution of the Board of Directors on November 1, 1999 increasing the assessment rate from 32.4 mills ($.0324) per square foot to 42.0 mills ($.0420) per square foot.
  5. The provisions of paragraph 7 were amended by resolution of the Board of Directors on November 1, 2004 increasing the assessment rate from 42.0 mills ($.0324) per square foot to 57.0 mills ($.0570) per square foot.
  6. The provisions of paragraph 7 were amended by resolution of the Board of Directors on January 4, 2010 increasing the assessment rate from 57.0 mills ($.0570) per square foot to 85.0 mills ($.0850) per square foot.
  7. The provisions of paragraph 7 were amended by resolution of the Board of Directors on September 8, 2014 increasing the assessment rate from 85.0 mills ($.0850) per square foot to 105.0 mills ($.1050) per square foot.
  8. The provisions of paragraph 7 were amended by resolution of the Board of Directors on December 9, 2019 increasing the assessment rate from 105 mills ($.105) per square foot to 0.184 mills ($0.184) per square foot.
Owner(s)
Address
Designated Lot(s)
Owner(s)
Address
Designated Lot(s)