[0:4<\/p>\n
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SECTION 8 PORCH LIFT\/ELEVATORS<\/p>\n
APRIL 1996, RESOLUTION M3-96-25<\/p>\n
GENERAL REQUIREMENTS REVISED JANUARY 2018, RESOLUTION 03-18-12<\/p>\n
Before a porch lift\/elevator can be installed onto Mutual property, the following<\/p>\n
requirements must be agreed to by the requesting member(s) and his\/her<\/p>\n
Mutual:<\/p>\n
1.0<\/p>\n
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See Standard Section 1: General Requirements<\/p>\n
2.0<\/p>\n
Each requesting member must provide to the Mutual a letter from<\/p>\n
his\/her doctor verifying that the member or member’s spouse is<\/p>\n
disabled and requires that the porch lift be installed to assist that<\/p>\n
Member or Member’s spouse in obtaining access to the second floor.<\/p>\n
3.0<\/p>\n
Requesting member(s) must agree to purchase and install the lift at<\/p>\n
their own expense and in accordance with all terms and conditions<\/p>\n
contained herein. Requesting member(s) represent that they shall own<\/p>\n
the lift as their own personal property and that no lien or encumbrance<\/p>\n
shall attach to the lift at any time.<\/p>\n
4.0<\/p>\n
Requesting member(s) must submit to and receive approval from their<\/p>\n
Mutual, through the Permits and Inspections office, detailed site<\/p>\n
specific plans and specifications for the lift and its installation.<\/p>\n
Because of the varying building types and site conditions, the plan<\/p>\n
requirements may vary. The following should assist you and or\/your<\/p>\n
architect, engineer, or contractor in providing the plans and<\/p>\n
specifications required to clearly show what, where and how you intend<\/p>\n
to install the lift on and into your Mutual’s property:<\/p>\n
Site plan<\/p>\n
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Roof Plan<\/p>\n
Electrical Plan<\/p>\n
Elevations<\/p>\n
Section(s)<\/p>\n
Details
\nStructural modifications and\/or requirements will be by a California<\/p>\n
licensed civil or structural engineer. All Modifications and\/or additions<\/p>\n
to existing Mutual property must clearly be shown. In no event shall the<\/p>\n
Permits and Inspection office require a standard greater than that<\/p>\n
required by any governmental agency.<\/p>\n
5.0<\/p>\n
Installation of the lift must be by a licensed contractor who possesses<\/p>\n
adequate liability insurance in commercially reasonable amounts<\/p>\n
covering the installation of the list and any subcontractors who may be<\/p>\n
employed to assist in the installation of the lift.<\/p>\n
6.0<\/p>\n
Requesting member(s) must agree that the installation and operation<\/p>\n
of the lift shall comply with all applicable governmental regulations.<\/p>\n
Regulatory agencies with jurisdiction include but are not limited to, the<\/p>\n
County of Orange Environmental Management Agency and the State<\/p>\n
of California Department of Industrial Relations, Division of<\/p>\n
Occupational Safety and Health, Elevator Unit.<\/p>\n
7.0<\/p>\n
Requesting member(s) must agree at their own expense to obtain all<\/p>\n
permits or licenses necessary for the installation and operation of the<\/p>\n
lift, prior to installation and operation.<\/p>\n
8.0<\/p>\n
Prior to commencing installation of the lift, requesting member(s) must<\/p>\n
agree to purchase liability insurance or add a rider to their existing<\/p>\n
comprehensive general liability policy through an A-rated, California<\/p>\n
admitted liability insurance carrier covering the liability associated with<\/p>\n
the purchase, installation, maintenance, and operation of the lift.<\/p>\n
The liability insurance must have a total liability limit of not less than<\/p>\n
$1,000,000.00 or $500,000.00 per each requesting member,<\/p>\n
whichever is greater, for risk arising out of the presence, maintenance,<\/p>\n
and\/or operation of the lift. Each requesting member must deliver to<\/p>\n
their Mutual, certificates of insurance setting forth and confirming the<\/p>\n
identity of the insurance carrier, the limits of coverage and the type of<\/p>\n
coverage. Each requesting member must provide the Mutual with<\/p>\n
certificates of insurance setting forth this information at the<\/p>\n
commencement of each new policy period hereafter. In no event, shall<\/p>\n
the total liability insurance coverage for the lift ever be less than<\/p>\n
$1,000,000.00 regardless of the number of requesting member(s)<\/p>\n
participating in the cost of said insurance coverage.<\/p>\n
The requesting member(s) must agree that regardless of the original<\/p>\n
number of members involved in the lift, the remaining member(s) must<\/p>\n
continue to provide the above described liability insurance coverage at<\/p>\n
the same $1,000,000.00 policy limit for the presence, maintenance and<\/p>\n
operation of the lift.
\n9.0<\/p>\n
The requesting member(s) must agree to purchase an annual lift<\/p>\n
maintenance contract, for any period not covered by a manufacturers<\/p>\n
or installers maintenance and repair warranty, from a company<\/p>\n
authorized and licensed to perform said maintenance and to maintain<\/p>\n
said maintenance contract in place at the member(s) own expense<\/p>\n
throughout the existence of the lift on Mutual property. The requesting<\/p>\n
member(s) must agree that regardless of the original number of<\/p>\n
members involved in the lift, the remaining member(s) must continue to<\/p>\n
provide the above-described maintenance contract throughout the<\/p>\n
existence agree to provide their Mutual with an executed copy of said<\/p>\n
maintenance agreement at the commencement of the maintenance<\/p>\n
agreement which shall in any event be within two (2) months of<\/p>\n
completion of installation of said lift and, again, at thereafter. In any<\/p>\n
event, at all times the cost and the responsibility of the lift will be<\/p>\n
exclusively that of the remaining requesting member(s).<\/p>\n
10.0<\/p>\n
The requesting member(s) may propose a particular color for factory<\/p>\n
painting of a factory prefabricated metal frame lift, including the<\/p>\n
enclosure and-other parts, using a durable process, such as<\/p>\n
electrostatic polyester powder coating. However, the Mutual reserves<\/p>\n
the right to reject the member(s) selection and to specify another color<\/p>\n
to be matched by the powder coating used at the factory. The<\/p>\n
responsibility and cost for the initial and all future painting of the lift will<\/p>\n
be exclusively that of the remaining requesting member(s).<\/p>\n
11.0<\/p>\n
The requesting member(s) must agree to pay into an interest bearing<\/p>\n
escrow account at a federally insured financial institution designated by<\/p>\n
the Mutual the total sum of $1,500.00 prior to the installation of the lift.<\/p>\n
Said escrow account will be for the express purpose of paying for the<\/p>\n
actual cost of the removal of the porch lift, the cost of patching,<\/p>\n
painting and repairing the building and lift installation site following its<\/p>\n
removal and the cost of replacing the guardrail or wall at all floor stops<\/p>\n
above the ground floor of the building. In the event that the reasonable<\/p>\n
actual cost of removing the lift and restoring the premises to the<\/p>\n
condition as it existed prior to the installation of the lift exceeds<\/p>\n
$1,500.00, then the remaining requesting member(s) will be liable for<\/p>\n
the cost of said removal and repair. Upon removal of the lift, any<\/p>\n
unused escrow funds shall be promptly refunded to each contributing<\/p>\n
member and\/or their successor-in-interest. An automatic rollover<\/p>\n
certificate of deposit escrow account may be set up to require<\/p>\n
signatures of both VMS, Inc. officials and the requesting member(s)<\/p>\n
and\/or their successor-in-interest in order to end the automatic rollover<\/p>\n
and close the account.
\n12.0 Each requesting member will have a key for the operation of the lift<\/p>\n
and provide written agreement that they, their family members and<\/p>\n
companions are the only persons authorized to operate the lift.<\/p>\n
Rights to use the lift are transferable on the conveyance of a manor to<\/p>\n
a successor-in-interest, regardless of handicap, who agrees in writing<\/p>\n
to fully assume the responsibilities imposed herein.<\/p>\n
13.0<\/p>\n
Requesting member(s) agree that the cost of installing and hooking up<\/p>\n
electricity to the lift shall be borne exclusively by the requesting<\/p>\n
member(s). The electricity used in the operation of the lift must be<\/p>\n
limited to one member’s residence. The electrical hookup will be<\/p>\n
installed by a licensed electrical contractor and comply with all<\/p>\n
governmental regulations. All permits and licenses necessary for the<\/p>\n
electrical shall be obtained by requesting member(s) and a copy of any<\/p>\n
such licenses or permits must be provided to their Mutual prior to start<\/p>\n
of any work. It is the intent of the Mutual to require that all electrical<\/p>\n
wiring and conduit be concealed, from view so as not to detract from<\/p>\n
the existing aesthetics of the building. However, should conditions<\/p>\n
require external mounting of conduit in order to preserve the structural<\/p>\n
integrity of walls or ceiling then the P.C.M. the Permits and Inspections<\/p>\n
office may permit the installation of said conduit. In this event, the<\/p>\n
Permits and Inspections office shall designate the reasonable<\/p>\n
placement and color of the conduit so as to interfere as little as<\/p>\n
possible with the existing aesthetics of the building.<\/p>\n
14.0<\/p>\n
Requesting member(s) must execute an Agreement to be Bound by<\/p>\n
Porch Lift\/Elevator Requirements substantially in the form attached<\/p>\n
hereto as Exhibit A, and incorporated herein by reference, pursuant to<\/p>\n
which said member agrees to perform and be bound by all terms and<\/p>\n
conditions contained herein. A copy of the porch lift\/elevator standards<\/p>\n
shall be attached to this Agreement and shall be made a part thereof.
\ndR<\/p>\n
\u05dc\u05d2\u05d5\u05e0\u05d4 \u05d4\u05d9\u05dc\u05e1 \u05d4\u05e9\u05dc\u05d9\u05e9\u05d9\u05ea<\/p>\n
AGREEMENT TO BE BOUND BY PORCH LIFT\/ELEVATOR<\/p>\n
STANDARDS<\/p>\n
This Agreement to Be Bound by Porch Lift\/Elevator Standards (hereinafter<\/p>\n
the “Agreement”) is made and effective as of this day of<\/p>\n
20<\/p>\n
, by the undersigned member (hereinafter the<\/p>\n
“Member”) of Third Laguna Hills Mutual, a California nonprofit mutual benefit<\/p>\n
corporation (hereinafter the “Mutual”) for the benefit of said Mutual.<\/p>\n
1.0<\/p>\n
CONSENT TO BE BOUND AND COVENANT TO PERFORM THE<\/p>\n
MUTUAL’S STANDARDS. In consideration for the Mutual’s consent to<\/p>\n
the Member’s installation of a porch lift or elevator or similar<\/p>\n
improvement, the Member hereby covenants and agrees to perform,<\/p>\n
observe, and be bound by all terms and conditions contained in those<\/p>\n
certain Porch Lift\/Elevator Standards attached hereto as Exhibit “A”<\/p>\n
and which are incorporated by reference in this Agreement as though<\/p>\n
set forth in full herein.<\/p>\n
2.0<\/p>\n
NO CHANGE TO MUTUAL’S GOVERNING DOCUMENTS. This<\/p>\n
Agreement does not alter, but only supplements, all terms and<\/p>\n
conditions contained in the existing governing documents of the<\/p>\n
Mutual, as the same may from time to time be amended.<\/p>\n
3.0<\/p>\n
SUCCESSORS AND ASSIGNS. This Agreement shall be binding<\/p>\n
upon the heirs, administrators, executors, successors and assigns of<\/p>\n
the Member, unless the Member’s manor is conveyed to a new<\/p>\n
Member who chooses not to have lift\/elevator rights and consequently<\/p>\n
does not wish to execute this Agreement. Then the remaining<\/p>\n
Member(s) who also use the lift or elevator, if any, must assume the<\/p>\n
added responsibilities required by the Porch Lift\/Elevator Standards set<\/p>\n
forth on Exhibit “A,” or else the lift\/elevator be removed as provided<\/p>\n
therein.<\/p>\n
IN WITNESS WHEREOF, the Member has executed this Agreement as of the<\/p>\n
date first set forth above.<\/p>\n
MEMBER:<\/p>","protected":false},"author":2,"featured_media":0,"template":"","document_category":[],"document_type":[53],"class_list":["post-17944","document","type-document","status-publish","hentry","document_type-other"],"acf":{"document":5461,"resolutions":null,"legacy_id":"","pdf_extracted_text":""},"yoast_head":"\n