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petroleum -based products or other hazardous or foreign substances from entering or <br />contaminating it. All reasonable effort shall be made to avoid allowing any pesticides, <br />herbicides, fertilizers, petroleum -based products or other hazardous or foreign substances from <br />entering or contaminating it. All reasonable effort shall be made to protect the integrity of <br />Parcel A and the drainage ways and wetlands contained therein. No tree shall be cut within <br />Parcel A except for diseased, dead, damaged or hazardous trees, and then only with the <br />approval and subject to the conditions imposed by the Architectural Control Committee. <br />The Developer and when f coed t he Association shall, at its expense, perform any maintenance <br />necessary to cause drainage and storage to occur as planned. Provided, that any maintenance, <br />repair or other work necessary as the result of any wrongful act or omission of an Owner shall <br />be performed by that Owner. If that Owner fails to do so, the same shall be performed by the <br />D p ef- oF the Association and if not by either of them by the City of Eugene, subject to <br />assessment in the same manner as for exterior maintenance under the provisions of Article VII <br />hereof. <br />The owner of Parcels A and B may landscape and otherwise perform vegetation management so <br />long as no activity of such owner adversely affects drainage. Landscaping permitted within <br />such parcels includes landscaping for esthetic reasons, subject to not adversely disturbing <br />drainage and the use of native plant materials. No grading activity shall occur within the root <br />zone of existing trees which will result in a technical kill of the trees under then existing city <br />requirements and regulations. <br />SECTION 3. TREE RESTRICTIONS. As indicated in the Recitals to this declaration, <br />The Summit will not have the normal form of conservation zones. Rather, the environmental <br />protections for The Summit are designed by restricting tree removal. For all purposes of this <br />declaration, the removal of a tree shall include a "technical kill' of a tree as then defined in City <br />of Eugene regulations. The Summit is designed to maximize the retention and conservation of <br />trees and wildlife area and habitat, while at the same time providing reasonable flexibility to <br />Owners in connection with construction on Lots. Trees provide a buffer between building sites, <br />roadways and other development while maintaining and enhancing view sheds. <br />No Owner may remove any trees from any Lot except in compliance with the attached <br />Instructions and Procedures for Tree Removal in The Summit and pursuant to a permit or <br />approval issued (i) by the City of Eugene for trees removal as part of the home construction <br />process or (ii) by the Architectural Control Committee for all other tree removals. The <br />Committee shall follow the Instructions and Procedures for Tree Removal in The Summit <br />attached hereto. This applies to discretionary tree removals. Hazardous tree removal: Trees that <br />are dead, dying or dangerous may be removed, provided that prior to removing a dead, dying or <br />dangerous tree, the Owner obtains a report by a certified arborist confirming that the tree is <br />dying due to disease /damage, or is dangerous to life or property or has been rated as hazardous. <br />Except as otherwise provided, all trees located outside of discretionary zones and not <br />designated for removal shall be preserved. <br />No landscaping may be conducted upon any Lot if it constitutes a "removal" of any tree not <br />permitted to be removed under this declaration. <br />2 <br />