MUP 2001-3180
City of La Quinta I'U L OCT 11 2001
Community Development D
78-495 Calle Tampico V-1c�1°-=
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-1233
OFFICE USE ONLY
Case No. e '%o /— S 10 -
Date Recvd. l c — 0 '
Fee:
Related Apps.:
Logged in by:
APPLICATION FOR MINOR USE PERMIT APPROVAL
MINOR USE PERMIT applications are reviewed and approved by the Community Development Director
pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring
the permit do not have an adverse impact on surrounding properties, residents, or businesses.
APPLICAN1LrR5 111 L L
(Print)
MAILING ADDRESS 55/a2l 56y rdes? 1 I& LLQ Phone No. 744 - 77/. / 76 /
CITY, STATE, ZIP: ZAQdirs-A, ,,,AA'( T -2-Z91 Fax No. 7daQ . 7,7/,D3 y3
PROPERTY OWNER (If different):
(Print)
MAILING ADDRESS:
CITY, STATE, ZIP:
Phone No.
Fax No.
PROJECT LOCATION: to i 58 - 8/090 G' AIJ r //cGEE�4 ZA 411al rr4 -A 9 Z16 5
PROPOSED USE AND/OR CONSTRUCTION (Including operational information):
65ft-M GAS lyw Jr +'SFT
✓�2 �� %c,il�tL
LEGAL DESCRIPTION (LOT & TRACTOR A.P.N.): yeiD�_
-;11,17-10 58 mr -'Rr1� i
A18\Minor Use Permit
r�
❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff).
Five (5) sets of plans on 8'/z" x I I" sheet or folded down to 8'/z" x I I".
❑ Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be
charged full fee, with remaining related applications discounted 50% for each. This discount does not apply
to Environmental Information form.
NAME OF APPLICANT 'N,� / S l�Of 1�/ rN6t-s
(Please Pr' t)
SIGNATURE OF APPLICANT DATE /D l D • Oj
NAME OF PROPERTY OWNER
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT:
(Signature provides consent for applicant to use site for proposed activity).
DATE
DATE
(Separate written authority by owner to submit application may be provided)
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE
GROUNDS FOR DENYING APPLICATION.
A 18\Minor Use Permit
P.O. Box, 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
October 12, 2001
Weiskopf Partners I, LLC
55-161 Southern Hills
La Quinta, California 92253
SUBJECT: MINOR USE PERMIT 2001-318
Dear Applicant:
(760) 777-7000
FAX (760) 777-7101
Enclosed is partially executed Covenant and Agreement restricting use of the, detached
guest house at 81-090 Chanticleer Drive, pursuant to Section 9.60.100 of.the Zoning
Code. Please have your -signature notarized before submitting the paperwork to the
Riverside County Clerk for "recordation. Enclosed is letter to the County recommending
recordation of said document.
If you have any questions, please contact me at 760-777-7067.
Sincerely,
JgRRX HERMAN
M -LAITY DEVELOPMENT DIRECTOR
EREOI�SDE e I nner
Enc.
c: Community Development Director
Building and Safety Department
Betty Sawyer, Executive Secretary
MUP 318 Covenent - 52 greg
1 0 0
Cal ff'. ff�"
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92253
October 12, 2001
County Recorder
County of Riverside
P.O. Box 751
Riverside, California 92502-0751
SUBJECT: RECORDING OF MINOR USE PERMIT 2001-318
Dear Colleague:
(760) 777-7000
FAX (760) 777-7101
The City of La Quinta has approved the above noted Minor Use Permit, requiring recordation of the
attached notarized document. Please allow its recording as presented by the applicant.
Should you have any questions, please call me at (760) 777-7067.
Very truly yours,
GT.
;VELOPMENT DIRECTOR
,L
Lt CoMUP 318 County - 52
NWNes,
RECORDING REQUESTED BY:
City of La Quinta
Community Development Department
La Quinta, CA 92253
WHEN RECORDED PLEASE MAIL TO:
City of La Quinta
Community Development Department
c/o Greg Trousdell
P.O. Box 1504
La Quinta, CA 92253
COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 81-
090 CHANTICLEER DRIVE, LA QUINTA, CALIFORNIA
This covenant and agreement is made and executed on this the 12" day of October, 2001, by
Weiskopf Partners I, LLC for property described herein. The City of La Quinta, a Municipal
Corporation, is hereby made a party to this agreement for the purposes set forth below.
The undersigned hereby certify that they are the property owners of the following described
real property in the City of La Quinta, County of Riverside, State of California:
Lot 58 of Tract No. 29147-1 in the City of La Quinta, County of Riverside
In consideration of the City of La Quinta issuing a building permit for certain improvements
which will be constructed on said property, the undersigned does hereby covenant and agree to and
with said City to restrict the use of said property as follows:
1. The detached guest house may not be rented nor sold independent of the main single
family residence (Minor Use Permit No. 2001-318);
2. No kitchen or cooking facilities shall be constructed in the guest house per the
provisions of Chapters 9.30.030 (RL Zone District) and 9.60.100 (Guest Houses) of
the La Quinta Municipal Code; and,
3. All on-site facilities are intended for the sole occupancy of the property owner(s),
nonpaying guests, and domestic employees.
Coven318 - p/greg
l
This covenant and agreement shall run with the land and shall be binding upon future owners,
their successors, heirs, or assigns, and ourselves, and shall continue in effect while said accessory
building remains on the real property or unless otherwise released by the authority of the City of La
Quinta. All leases of said dwelling and/or property shall be subject to this restriction. This
agreement shall be entitled to the remedy of injunctive relief in addition of any remedy in law or
equity.
This covenant and agreement and the provisions hereof are irrevocable and nonmodifiable
except by the written consent of all parties to the agreement, including the City of La Quinta, a
municipal corporation. The City shall have the right to enforce each and every provision hereof and
the parties agree that the agreement shall not be rescinded, revoked, modified, or otherwise amended
or changed, without the expressed written consent of the City first being obtained.
In the event that the owners, their heirs, assigns or successors in interest, shall fail to perform
any obligation hereunder, they hereby agree to pay all costs and expenses incurred by the City of La
Quinta in securing performance of such obligation, including attorney's fees.
Dated:
Notary
Coven31 S - P/greg
Weiskopf Partners I, LLC
By:
Christine di Iorio, Planning Manager
City of La Quinta
t
C�
State of California
County of Riverside
On October 182001, before me, Regenia Hensley Notary Public, personally
appeared Christine di Iona personally known to me to be the person whose name
is subscribed to the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the instrument the person
or -the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
(Seal)
'4P REGENIA HENSLEY
Cbmmision # 1274459
Notary Public - Cardornlp
Riverside County
N1f' Canon. 5PhZ Au819. M
WRWq
Document Description: Covenant and Agreement Restricting the use of the Residence
at 81-090 Chanticleer Drive, La Quinta, California
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Weiskopf Partners I, LLC
55-161 Southern Hills.
La Quinta, CA 92253f;)?
Attn: Mr., Jeffrey M. Read.
: ► t� , tt> "r, .
, ; .; , . , .. ,
MAIL TAX STATEMENTS TO
Same as above
(Space Above For Recorder's Use)
GRANT DEED .
CITY OF LA QUINTA, COUNTY OF RIVERSIDE,
; {t• _
STATE OF CALIFORNIA
A.P. NO.:
DOCUMENTARY TRANSFER TAX IS SHOWN BY SEPARATE AFFIDAVIT NOT OF
RECORD.
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
KSL LAND CORPORATION, a Delaware corporation ("KSL Land") hereby GRANTS to
WEISKOPF PARTNERS I, LLC, a California limited liability company ("Grantee") the real
property in the City of La Quinta, County of Riverside, State of California, described on
Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") reserving
therefrom and subject to easements, rights, covenants, conditions, restrictions and rights as more
particularly set forth in said Exhibit "A".
Dated: o o KS L ORPORATION, a Delaware corporation
By: C Gi�G�f
Its:
Page 1
Prop.pgaw.SoHi11sDev.Deed.01 2/11/00
PATE OF CALIFORNIA )
RUNTY OF RIVERSIDE ss.
On 2000 before me, B
and for said State BARBARA LARSH, a notary public
personally appeared LARRY E. LICHLITER ersonally known to me (or
)ved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
within instrument and acknowledged to me that .he executed the same in his authorized
)acity, and that by his signature on the instrument th
winch the person acted, executed the instrument. e person, or the entity upon behalf of
WITNESS my hand and official seal.
u _ BARBARA lJ1RSH
(Seal)
Page 2
Prop, pgaw. SoHillsDev.Deed.01
GerrdsWM / 1120/59
Notary PLac—Gumma
R yw1ds Couroy
MY CMM EVhw Deo 22, 2000 r
2/11/00
EXHIBIT "A"
Real property located in the City_ of, La Quinta, County of Riverside, State of
California, described as follows:
PARCEL 1: Lots 1 through 60 inclusive and letter. lots B, C, D, F through L inclusive, N
through R inclusive, T, U, W, X, Y and AA through DD inclusive of Tract No.
29147-1 as shown by.Map on file .in -:Book 287, Pages 4 through 11 inclusive of
Maps, Official Records of said County.
PARCEL 2: Together with the right to grant and transfer same, nonexclusive easements for
pedestrian and vehicular (including construction vehicles) ingress and egress, over
and across the real. property described on Exhibit "B" attached hereto and
incorporated herein by this reference (the "Access Streets");
RESERVING UNTO GRANTOR, together with the right to grant and transfer all
or a portion of the same, easements and rights for.the. benefit of KSL,Land, its successors and
assigns, and KSL Desert Resorts, Inc., a Delaware corporation ("KSL Resorts"), it successors
and assigns, for -the benefit of, and appurtenant to, real property in said City, County, and State
owned by KSL Resorts described on Exhibit "X" `attached hereto and incorporated herein by this
reference (the "Golf Property"), and any successors -in title to the Golf Property (the "Benefited
Parties"), which shall bind Grantee and any successors in title to the portion of the Property
burdened with such easements as follows:
A. Oil and Mineral Rights. , All, oil, minerals, natural gas, and other
hydrocarbons by whatsoever name known, geothermal. resources, metalliferous or other ores, and
all products derived from any of the foregoing, that:may. be within or under the Property, and all
rights associated with the foregoing, together. with±,the perpetual right of drilling, mining,
exploring and operating therefor and storing in and removing the same, from . said land or. any
other land, including the right to whipstock or directionally drill and mine, from lands other than
the Property,, oil .or gas wells, tunnels and shafts' into, through. or ,acrossthe subsurface of the
Property and to.bottom-such whipstocked or directionally drilled wells, tunnels and shafts under
and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair,
deepen and operate any such wells or .mines without, however, the right to drill, mine, store,
explore and operate through the surface or the upper. five hundred (500) feet of the subsurface of
the Property; . '
B. Water Rights. The right and power to use or utilize any and .all water
rights or interests in water rights no matter how.acquired, by the Benefited Parties, and all water
rights or interests in water rights that may be within,;. under or on the Property, whether such
water rights shall be riparian, overlying, appropriative, percolating,.. prescriptive or contractual;
provided, however, that the reservation does not reserve to, or for the benefit of, Benefited
Parties any right to enter upon the surface of any portion of the Property in the exercise of such
rights or to drill or bore for water, and install, maintain, replace or restore water wells, pumping
stations, water lines, or other facilities for the extraction or the transportation of water;
EXHIBIT "A Page 1
Prop.pgaw.SoHi11sDev.Deed.01 2/24/00
C. Easements. Nonexclusive easements as follows:
(1) Ingress and Egress Over Private Streets and Common Lots. Over
Parcel 2 above. upon which private streets, road, paths and. other .ways now or hereafter
designated as "common area," "common lots" or "landscape lots" as such lots may be mapped,
modified; enlarged, replatted, realigned or otherwise identified from time to time;
(2) Encroachment of Golf Balls. For the encroachment of golf balls
resulting from golfing activities on the Golf Property, including without limitation, the flight,
passage and landing of golf balls on, across and over the Property, or any portion thereof;
(3) Easements.
(a) Utilities. For the construction, installation, use,
maintenance, repair, replacement and reconstruction of underground lines, temporary overhead
lines, cables, wires, conduits, or other devices. for the transmission of electricity for. lighting,
heating, power, telephone, television and other purposes, sewer, storm water drains and pipes,
water systems, irrigation lines or sprinkler systems, water heading and gas lines or pipes and any
similar public or quasi -public improvements or facilities (i) on, over, under, through and across
those portions of the Property five (5) feet in width measured from and running parallel along the
boundary of the Property that abuts any portion of the Golf Property (the "Five Foot Easement
Area"), (ii) on, over, under, through and across : those portions of the Property designated as
lettered lots on the map of Tract No. 29147-1, as such lots may be modified, enlarged, replatted,
or realigned from time to time, and any other portion of the Property now or hereafter designated
as "common area" (as such term is defined in Section 1350(b) of the California Civil Code)
(hereinafter the "Common Area"), and (iii) on, over, under, through and across that portion of the
Property known as Lots 14 through 17 inclusive. and Letter Lot I, to provide temporary electrical
power to the well site pump station ("Pumphouse'.') located on, Lot 62 of Tract No. 29147-1,
adjacent to Lot 17, of the Property, until such time as Grantee provides permanent electrical
power stubbed off to the common property line between Lot 65 of Tract No. 29147-1 and Lot H
of the Property and KSL Land causes such permanent electrical power to be connected to the
Pumphouse. At such time as Grantee provides such permanent power to the.property line of
such Lot 65 as described above, and such permanent power is connected by KSL Land to the
Pumphouse, KSL Land agrees to immediately contact the Imperial Irrigation District ("IID")
(which is the owner of the poles .and overhead lines providing such temporary power) and
request that IID promptly remove such temporary poles and overhead lines. The cost if any, in
relocating such temporary poles and overhead lines shall be paid by KSL Land;
(b) Streets/Roadways and Walls. For the construction,
installation, use, maintenance, repair, replacement and reconstruction of streets/roadways and/or
walls on, over, across and through those portions of the Property designated as lettered lots on
the map of Tract No. 29147, as such lots may be modified, enlarged, replatted, or realigned from
time to time, and any other portion of the Property now or hereafter designated as Common
Area; and
(c) For ingress', and egress over the Property to *the extent
reasonably necessary to access any of such facilities.
EXHIBIT "A" - Page 2
Prop.pgaw. SoHi 11SDev. Deed.01
2/24/00
Tw.
ry
(4) For Benefit of Golf Property. For the construction of and/or
utilization of underground ways and/or tunnels .under and beneath, or bridges over, roads,
walkways, utility lines and/or other lines now or hereafter located within the Common Area so as
to provide pedestrian and vehicular access between portions of the Golf Property for golf carts,
trucks, and other golf and golf course -related vehicles, traffic and usage, and for pedestrian and
vehicular ingress and egress to and from and parking on the Golf Property and the improvements
located thereon, (if parking areas are a part of such developmentplan) roads, private streets,
driveways, parking areas, golf cart paths, walkways, bridges, tunnels and other ways now or
hereafter located upon the Golf Property, by the Benefited Parties and the customers, guests,
permittees, invitees, agents, employees, contractors and vendors of a Benefited Party (the
"Easement Users"), which include, without limitation, access to Golf Property under construction
(and to be constructed) to enable the transport of supplies, materials and labor to the Golf
Property of such Benefited Party. - ,
(5) Terms and Conditions. Notwithstanding the foregoing, the use of
the Property by the Benefited Parties for the foregoing easement purposes shall be subject to the
following terms and conditions:
(a) The irrigation lines and facilities, landscaping, streets,
roads or other ways and utilities and other lines and/or systems that may be constructed,
installed, maintained, repaired, replaced, or reconstructed pursuant to the foregoing easements
shall be limited to those areas within the Five Foot Easement Area and the Common Area
designated for such purposes on the site improvement plans and other plans approved by the City
of La Quinta, California;
(b) Benefited Parties shall have the right to hook up or connect
to utility lines or other utility services now or hereafter located upon or within the Five Foot
Easement Area and the Common Area provided that such utility services are metered to such
Benefited Party and provided further that such use shall not unreasonably disturb services then
being provided thereby;
(c) The use and enjoyment of the -easement rights granted as
set forth herein by the Easement Users shall be at no cost or expense to Grantee, or any successor
in title to the portion of the Property that is burdened by the easements and any damage or
destruction of any improvements caused by any of the Easement Users in the exercise of the
easement rights acquired hereby shall be repaired and reconstructed by the Benefited Party of
such Easement User;
(d) The right of a Benefited Party to perform any construction
permitted pursuant to the terms of this easement (the "Construction Easement") shall be
exercised in a reasonable manner;
(e) Benefited Party shall indemnify, defend and hold harmless
Grantee, its successors and assigns, from any and against all liability, claims, suits, demands,
losses, recoveries, damages, costs or expenses (including reasonable attorneys' fees, expenses
and costs) arising out of or relating to the use of the Construction Easement by such Benefited
Party; and
EXHIBIT "A" - Page 3
Prop.pgaw. SoHil ISDev.Deed.01 2/24/00
1ll
•
•
(fl Benefited.Party shall not permit any liens to attach to the
Property, or any improvements located thereon, by reason of the use or exercise of the
Construction Easement by such Benefited Party " i.-.. .
SUBJECT TO:
1. Taxes/Assessments. Current. -Taxes and Assessments.
2. Record Matters. All other covenants, conditions, restrictions, reservations,
rights, rights-of-way and easements of record as well.as any of such matters that are apparent.
3. CC&R's. The Golf Property and the Property are being developed as an
integrated residential golf course community. KSL:Resorts and KSL Land, as the. current owners
of fee title to the Property.and the Golf Property, and their successors in title, by the acceptance
of the conveyance of fee title to any portion of the Property or Golf Property, for itself, himself
or herself, and for their respective invitees, personal representatives, assigns, heirs and next of
kin, agents, employees (collectively, the "Related Parties") hereby -agree that they will all benefit
materially from the development of the Property and the Golf Property as an integrated
residential golf course community and that. the following covenants, conditions, rights and
restrictions (collectively the "CC&R's) shall be equitable servitudes, shall run with and bind the
Property and the Golf Property and shall inure to the benefit of and be enforceable by the parties
hereto and shall be binding upon all parties having or acquiring any right or title in the Property
and the Golf Property, or any part thereof, and are imposed upon said interests and every part
thereof as a servitude in favor of each and every of said interests as the dominant tenement or
tenements until and unless terminated or modified as hereinafter provided.
3.1 Acknowledgment. Each owner of the Property (the "Property
Owner") acknowledge the potential effect of stray golf balls, motorized golf carts, golfers and
other traffic or events inherent to the activities on the Golf Property (the "Golf Course Hazards"),
which include, without limitation, the following:
(a) the potential effect of the installation on the Golf Property
of protective measures such as trees, fencing . or netting or the installation or growth of trees,
shrubs and other landscaping on the Golf Property, including without limitation, the impairment
of any existing or perceived views;
(b) the potential for damage to any improvements, including,
without limitation, stucco, tile roofs, pools and related equipment and windows of any structure,
attributable to the Golf Property, or any activities thereon;
(c) the potential for any adverse effect on any landscaping
installed by the Related Parties arising from or attributable to the use of reclaimed water on the
Golf Property;
(d) the potential for nuisances created by or arising from the
Golf Property, including without limitation, noises and other nuisances arising from televised
tournaments, landscaping and maintenance of the Golf Propertyand early morning and late night
EXHIBIT "A" - Page 4
Prop.pgaw.SoHi11sDev.Deed.01 2/24/00
•
play or maintenance activities and visibility of lights used in connection with any driving range
or clubhouse, if any, installed on the Golf Property, and
(e) the potential effects of.
,J -
(i) the irrigation of landscaping upon the Golf Property
on any landscaping, walls, fences or other structures on the Property;
(ii) overseeding with Winter Rye in the Fall and the
heavy use of fertilizers, pesticides and other chemicals that may be applied to the Golf Property;
(iii) changes to the. Golf Property, including, without
limitation, changes in grade, changes in the location, corifiguration, size and elevation of fences,
trees, bunkers, fairways, tees and greens;
(iv) disturbances, traffic and other noise from the club
house, golf course parking areas, driving ranges, golf cart paths, or any other portion of the Golf
Property caused by activities inherent to golf course and club house property such as mowing of
putting greens, fairways, roughs and around trees;
(v) the use of mowers, aerifiers, mulchers, tractors,
utility vehicles and other equipment, circulation pumps, compressors and wells for water
features;
(vi) early, morning and late night play or maintenance
activities and the loss of privacy because of the near proximity of the Property to the golf courses
or golf cart paths; and
(vii) the presence of rodents and/or pests or the existence
of rodent and/or pest control activities upon the Golf Property.
3.2 Agreement. Notwithstanding the foregoing, each Property Owner:
(a) . assumes the risk of any property damage, personal injury or
death and/or creation or maintenance of a trespass or nuisance created by or arising in connection
with Golf Course Hazards or any matters described above (collectively, "Assumed Risks");
(b) releases, waives, discharges, and covenants not to sue, and
agrees to indemnify and to hold harmless KSL Land, its successors and assigns, KSL Resorts, its
successors and assigns, any successors in title to the Golf Property, and their respective officers,
directors, shareholders, partners, participants, affiliates, subsidiaries, consultants, attorneys,
agents, invitees, employees, representatives and contractors and their respective heirs, executors,
successors and assigns (collectively, the "Released Parties"), and each of them, from any and all
liability to the Property Owner for any losses, costs (including, without limitation, attorneys'
fees), claims, demands, suits, judgments or other obligations arising out of or connected with any
of the Assumed Risks, whether caused by the negligence of the Related Parties or otherwise;
(c) acknowledges that Property Owners have no obligation or
EXHIBIT "A" - Page 5
Prop.pgaw.SoHillsDev.Deed.01
2/24/00
C
•
right to regulate or control the Golf Property or any activities thereon, in any way or manner
,.xcept as specifically set forth herein within the easement areas in the exercise of the easement
purposes described herein. KSL Resorts, or any successor in title to the Golf Property (the "Golf
Property Owner"), has the unilateral right to install any trees or other landscaping or construct
any improvements at any location within the Golf Property which could be in near proximity to
the Property, or any portion thereof, adjoining the Golf Property;
(d) acknowledges and agrees that nothing contained herein
shall be construed to limit or restrict in any way, the right of the Golf Property Owner to make
any and all modifications, additions, deletions and/or alterations to the Golf Property, or any golf
course facilities as such Golf Property Owner, deems appropriate, in its sole and absolute
discretion, including, but not limited to, relocating fairways, holes, tees and/or golf cart paths;
(e) acknowledges and agrees that KSL Resorts, and any
successor Golf Property Owner, makes no warranties or representations that a golf course will be
developed and constructed adjacent to the Property or that, if so developed and constructed, will
be maintained and operated in the manner that existed or was contemplated at the time of the
recordation of these CC&R's; and
(0 acknowledges and agrees that the Golf Property is separate
from the Property, that it does not comprise any common area or common property that is to be
available for the common use of the Property Owners, and that the Property Owner shall not
have any special right or privilege to enter upon or use the Golf Property (including without
limitation, no right or privilege to enter upon or gain access to the Golf Property for construction
purposes) or the golf course facilities which may be developed thereon, other than pursuant to
such terms and conditions as are offered to members of the general public from time to time by
the Golf Property Owner or for the easement purposes set forth herein.
(g) acknowledges and agrees that the Property Owner, and any
successor Property Owner, is restricted from the construction and installation of any swimming
pool, spa or other water feature improvements within the Five Foot Easement Area.
3.3 General Provisions.
(a) Enforcement. The covenants, conditions and restrictions
contained in these CC&R's shall be enforceable equitable servitudes and shall inure to the benefit
of and bind all Golf Property Owners and Property Owners,.and shall be enforceable by all of
such entities. Each Golf Property Owner and Property Owner shall have the right of action to
enforce by proceedings at law or in equity, all, covenants, conditions and restrictions now or
hereafter imposed by the provisions of these CC&R's, or any amendment thereto, including the
right to prevent the violation of such restrictions, conditions, covenants, and the right to recover
damages for such violation.
(b) No Waiver. Failure by the Golf Property Owner or any
Property Owner to enforce any covenant, condition or restriction contained in the CC&R's in any
certain instance or on any particular occasion shall not be deemed a waiver of such right on any
such future breach of the same or any other covenant, condition or restriction.
EXHIBIT "A" - Page 6
Prop.pgaw. SoHillsDev.Deed.0 1 2/24/00
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•
(c) Severability. Invalidation of any one or a portion of these
covenants, conditions and restrictions by judgment or court order shall in no way affect any other
provisions which shall remain in full force and effect.
(d) Term. The CC&R's shall run with the Property and the
Golf Property for a term of sixty (60) years from the date these CC&R's are recorded, after
which time said CC&R's shall be automatically extended for successive periods of ten (10) years
unless owners of Separate Interests (defined to,..mean as such term is defined in Section in
Section 1351(1) of the California Civil Code) within the Property representing not less than sixty-
seven percent (67%) of the voting power of such -owners based, on one vote for each Separate
Interest owned by each such owner, and Golf Property. Owner agree to terminate such CC&R's.
(e) Construction. The provisions of these CC&R's shall be
liberally construed to effectuate its purpose of creating covenants inning with the land for the
development of a residential golf course community. The Section headings have been inserted
for convenience only, and shall not be considered or referred to in resolving questions of
interpretation or construction.
(f) Singular Includes Plural. Whenever the context of these
CC&R's requires the same, the singular shall include the plural and the masculine shall include
the feminine and the neuter.
(g) Nuisance. The result of every act or omission where any
provision, condition, restriction, covenant, easement, or reservation contained in these CC&R's is
violated in.whole or in part, is hereby declared to be and constitutes a nuisance, and every
remedy allowed by law or equity against a private nuisance, shall .be applicable against every
such result, and may be exercised by the Golf Property Owner or any Property Owner. Such
remedy shall be deemed cumulative and not exclusive.
(h) Attorneys' Fees. In the event action is instituted to enforce
any of the provisions contained in these CC&R's, the party prevailing in such action shall be
entitled to recover from the other party thereto reasonable attorneys' fees and costs of such suit as
determined by the court or by arbitration as part of the judgment.
(i) Notices. Any notice to be given to KSL Land, KSL
Resorts, or any other Golf Property Owner or Property Owner, or to a holder of a mortgage or
deed of trust (a "Mortgagee") shall be in writing and shall be deemed to have been properly
delivered when directed to such addressee as follows:
If to KSL Land
Prop.pgaw. SoHillsDev. Deed.01
55-920 PGA Boulevard
La Quinta, CA 92253
Attention: Legal Department
EXHIBIT "A" - Page 7
2/24/00
i
If to KSL Resorts
Any Other Golf
Property Owner
Any Other Property Owner
•
55-920 PGA Boulevard'
La Quinta,, CA 92253
Attention: Legal Department
To the business, address of such Golf Property Owner.
To the: street address of the lot or parcel of land within
the Property owned by such Property Owner.
If to a Mortgagee To the business address indicated for such Mortgagee on
the Mortgage that encumbers any lot or parcel of land
within the Golf Property and/or the Property.
Any party may change the address to. which such communications are to be
directed to it by giving a written notice to the other parties in the manner provided in this
paragraph. Any notice given pursuant to this paragraph shall be deemed to be delivered when
addressed to the addressee as set forth herein and:.
(i) at the, time a written notice by mail is deposited in
the United States mails, postage prepaid; or
(ii) the time any other written notice, including
facsimile, telegram, or other electronic mail message, is personally delivered to the recipient or is
delivered to a common carrier for transmission, or actually transmitted by the person giving the
notice by electronic means, to the recipient; or
(iii) the time any oral notice is communicated, in person
or by telephone, including a voice messaging system or other system or technology designed to
record and communicate messages, or wireless, to the recipient, including the recipient's
designated voice mailbox or address on such a system, or to a person at the office of the recipient
who the person giving the notice has reason to believe will promptly communicate it to the
recipient.
0) Effect of CC&R's. These CC&R's are made for the
purposes set forth herein and KSL Land and KSL Resorts make no warranties or representations,
express or implied as to the binding effect or enforceability of all or any portion of such CC&R's,
or as to the compliance of any of these provisions with public laws, ordinances and regulations
applicable thereto.
(k) Personal Covenant. To the extent the acceptance or
conveyance of all or any portion of the Golf Property or the Property creates a personal covenant
between KSL Land and the grantee or between KSL Resorts and the grantee, such personal
covenant shall terminate and be of no further force or effect from or after the date when a person
or entity ceases to be a Golf Property Owner or a Property Owner, as applicable, except to the
extent these CC&R's may provide otherwise.
EXHIBIT "A" - Page 8
Prop.pgaw.SoHillsDev.Deed.01 2/24/00
a) 1�lort _aee Protection. No breach or violation of the
CC&R's shall defeat or render invalid the lien of any mortgage, deed of trust or
instrument (a "Mortgage") securing a loan made in good faith and for value with respect
the
Golf Property or the Property, or anpect to the
binding upon and effective against y Portion thereof, provided, that all of the CC&R's shall be
whose title is acquired by or as—'a suit of foreclosure- uent trustee's olf Property P rty Owner or Property Owner
or otherwise pursuant to such liens rights, but such subseq ent Golf PropertyIn lieu of foreclosure,
Owner shall take title free and clear of any liability for violations occurring Owner or Property
of title. g prior to such transfer
(m) Cumulative Remedies. All rights, options and remedies of
Golf Property Owner and Property Owners or Mortgagees under these CC&R's are cum
and no one of them shall be exclusive of any other, and Golf Property
cumulative,
and the Mortgagees shall have the right to pursue any one or all of Owner,
Options Owners
remedies or any other remedy or relief which may be provided by law, whether or and
the CC&R's. not stated in
(n) Amend. .The CC&R's may be canceled, amended or
modified only with the written consent of Golf Property Owner and with the approval
Property Owners constituting not less than sixty-seven percent 67% of Pp of
Property Owners, based upon one (1) vote for each Separate Interest owned bnsuch Pr of the
Owner.
Y Property
Prop.pgaw. SoHi11SDev.Deed.0I
EXHIBIT "A" - Page 9
2/24/00
i
EXHIBIT "B"
ACCESS STREETS
•
THE REAL PROPERTY LOCATED IN. THE CITY OF LA QUINTA, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS:
PARCEL 1
LETTER LOTS A THROUGH E OF AMENDED TRACT MAP 28838-1 AS SHOWN BY
MAP ON FILE IN BOOK 285, PAGES 51 'LOUGH 57, INCLUSIVE OF MAPS,
RECORDS OF SAID COUNTY. ' `
PARCEL 2
LETTER LOTS A THROUGH H OF TRACT MAP 29147-2 AS SHOWN BY MAP ON FILE
IN BOOK 287, PAGES 12 THROUGH 19, INCLUSIVE OF MAPS, RECORDS OF SAID
COUNTY.
EXHIBIT "B" - Page 1
Prop.pgaw.SoHillsDev.Deed.01 2/24/00
7":
ki
EXHIBIT 11X"
GOLF PROPERTY
ALI:'OF THAT. CERTAIN REAL PROPERTY LOCATED IN THE CITY OF LA
'.QUINTA,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:—
k A
LOT 32 OF TRACT MAP 21643, AS SHQ)W_BY,.MAP ON FILE IN BOOK 203,
PAGES 37 THROUGH 50, INCLUSIVE •OF MAPS., RECORDS OF SAID COUNTY.
PARCEI, 2
LETTER LOTS'N THROUGH Q OF AM[ENDED'TRACT-MAP 28838--I-.,AS-SHOWN .. ....
BY MAP. ON FILE, IN. BOOK 285, PAGES,51 THROUGH 57, INCLUSIVE, OF MAPS,..
RECORDS OF SAID COUNTY.'
PARCEL
LOTS 671 AND 62 AND LETTER LOT. Z.OF, TRACT MAP 29147-1,,AS'SHOWN BY
4'
MAP ON, FE IN BOOK 287 PAGES THROUGH'.ftINCLUSIVE OF MAPS,
oi,
RECORDS OF SAID COUNTY. K
-d I Wre.
M
PARCEL4 01�� r', -
LOTS 93 AND 94 AND LETTER LOT J. OF TRACT MAP 29147-2, AS SHOWN BY
MAP ON FILE IN BOOK 287, PAGES 12 THROUGH 19, INCLUSIVE OF MAPS,.
RECORDS, OF SAID COUNTY.
EXHIBIT "X" -,Page I of I
PFop.pgaw.SoHillsDev.Deed.0I 2/24/00
(PI
x,S7 e°
OCT.11.2001 1:34PM 0 0 NO. 103 P.2
r 30