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PM 2009-491a.......... EXHIBIT "A" CERTIFICATE OF PARCEL MERGER NO.2009-491 RECORD OWNERS ASSESSORS PARCEL NUMBER AVENUE 40, LLC 646-191-010 AVENUE 40, LLC 646-191-011 LEGAL DESCRIPTION OF MERGED PARCELS PARCEL A ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING LOTS I AND 1 OF TRACT 3448 AS SHOWN ON A MAP THEREOF FILED IN BOOK 58, PAGES 20 AND 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY. CONTAINS 1t,649 SQUARE FEET OR 0.26 ACRES MORE OR LESS. SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS -OF -WAY AND EASEMENTS OF RECORD. SEE EXHIBIT"B" ATTACHED HERETO AND MADE APART OF THIS DESCRIPTION BY REFERENCE HEREIN. PREPARED BY NOLTE ASSOCIATES INC.: AY S. FAHRION, t FAHRION, L.S. 8207 DATE )EXPIRES 03/31/11 App � D p1.ANNING DEPARTNAENT BY�L r'_M2 V�GD DATE S.r2�u- k'D-- EXHIBIT CASE NO.. PM o �--- Page 1 of 1 I A/un EXHIBIT B CERTIFICATE OF PARCEL MERGER NO. 200.9-491 �N85711'0�0-W gars' rrZor X. I PROPERTY UNE LOT 1 TO BE REMOVED ti ry >7 TRACT 3448 M. El 58120-21 I ° O v APN 646-191-011 I PARCEL A 11,649 SF. I.� Q26 ACRES 18 LOT 1 p $ I TRACT 3448 I x M.D. 58120-21 I APN 646-191-010 x � I �sal0000• 5 Rs1�w, SCALD 1'=30' Q �CLQ2a41' 5300' Ili 55' ...._... ,.,, � LOT 8 •__...., o TRACT 3448 M.B. 58120-21 N N8951'on A VENUE 50 n Na9s100� �p� t� - — — — ---- —�0171. or coo, RECORD OWNER AVENUE 40. LLC THIS CERTIFICATE OF PARCEL MERGER NO.�N1 IS ADDRESS P.O. BOX 14001-PMR 166_ KETCHUM, ID 83340 HERE13 APPROVED. MAP PREPARED BY NOLTE ASSOCIATES BY YJoNwe D. 16/wa ADDRESS TITLE ,-*Vy- AREA/DISTRICT PALM DESERT DATE jb- 7-to - kO PARCEL MERGER SHEET NUMBER t4OEM LOT I AND 1 OF TRACT 3448, M.B. 58/20-21 1 a a v o r D E a a I It a a e i r• IN THE CITY OF LA QUINTA, CALIFORNIA OF 1 SHEETS TM� n OnE A nur ° o a 1°A PREPARED F01. MMA8 DIIIARE DATE SUBMITTED: OV22M J B �uiM is rwanw ►�t waao�rE,oa PD8 018400 i 503 OCEAN BLUFF WAY ENCINITAS, CALIFORNIA 92024 CHARLES M. ELLIS A PROFESSIONAL LAW CORPORATION ATTORNEYS October 11, 2010 OCT 14 2010 CITY OF LA OUINTA PLAftlNImel. neoAnvaxr TEL (760)632-8275 FAX (760)632-8147 cmellis123@gmail.com Yvonne Franco VIA FIRST CLASS MAIL Assistant Planner City of La Quinta P.O. Box 1504 La Quinta, California 92247-1504 Re: Avenue 40, LLC / Lot Line Merger Grant Deed and Certificate of Parcel Merger No. 2009-491 Dear Ms. Franco: Pursuant to your request in your letter of August 26, 2010, addressed to Alejandro Vasconcelos of Nolte Engineering, enclosed please find a copy of that certain Grant Deed (implementing the parcel merger executed by Avenue 40, LLC, a Delaware limited liability company) along with a copy of the Exhibit attached as "Certificate of Parcel Merger No. 2009-491 ". As you will see, the enclosed Grant Deed is a copy of the recorded original, with the pertinent recording information evident. Should you need anything further regarding the enclosed items, please feel free to contact me. Very truly yours, ARLES E A�5 Cc: Thomas F. DiMare, Manager of Avenue 40, LLC P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLS TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7101 August 26, 2010 Mr. Alejandro Vasconcelos Nolte Engineering 73-185 Highway 111, Suite A Palm Desert, CA 92260 SUBJECT: PARCEL MERGER 2009-491 FOR AVENUE 40, LLC Dear Mr. Vasconcelos: The Planning Department has reviewed and approved Parcel Merger 2009-491 for recordation pursuant to Chapter 13.32 of the Subdivision Ordinance. Enclosed is the approved information for this application. Once the exhibits have been recorded, please send a copy of the material to our office for filing. The City has approved this merger based on zoning compliance and correctness of the legal description. Any potential conflicts with utility easements should be investigated by the applicant and/or property owner at the earliest opportunity. By execution of this approval, the applicant and/or property owner agrees to indemnify, defend, and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this application. Should you have any questions, please contact me at (760) 777-7125. C: cerely, YNNE FRANCO istant Planner Public Works Department IN P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 December 4, 2009 4 rvv (7.60) 7 7 7 - 7 0 0 0 FAX (760) 777-7101 Mr. Thomas F. DiMare Avenue 40, LLC 480 2"d Street East Ketchum, ID 83340 SUBJECT: PARCEL MERGER (PM) 2009-491 Dear Mr. Dimare: Attached are the redlined revisions to Parcel Merger 2009-491. Please make the' appropriate corrections to the exhibits and resubmit.' Should you have questions regarding this application, please contact either Brian_ Ching, Associate Engineer, at (760) 777-7096, or myself at (760) 777-7131. Encl. C: File SITE PLAN j CERTIFICATE OF PARCEL MERGER NO. 2009-491 :�: :.:r.;•�::•:HF i� BLV1w\ WALL • • 0� ' . is ;, '.... •. 7. N857100"W 'l PARIaEL A TRACT 3448 v vS 1 GHT 11,649 SF. M.B. 58120-21 I3 0.26 ACRES APN 646-191-010 STAMPED ' VACANT tOT f 4f`........... �; "" D2 NO 5TRUPURESLANDSCAPE 8 UWT �' R-1300' BLOCK WALL (1YP) \ L=2Q42' PONl:11 POLE :.',�:�:°,.�;,�. ' �• N6951'OD� 129.5$' �� U:11T" % ' •; ° LOT B TRACT J448 M B. 58 20-21 $ APPR&ADLY PLANNIIN01 DEPARTMENT RECORD OWNER -L)ENUE 40• LLC gY�VUVIYi� Vlf P DATE ADDRESS P.O. BOX 14001—PMBEJ(I'IIBIT MAP PREPARED BY NOLTE ASSOCIATES — CASE NO. PEW 4VI ADDRESS AREA/DISTRICT PALM DESERT SITE PLAN SHEET t4C43MLOT l AND 1 OF TRACT 3448, M.B. 58/20-21 1 BIT OND a N• l N a a m o a• IN THE CITY OF LA QUINTA, CALIFORNIA OF 1 SHEETS NWT M U A "Anow a m PREPARED FOR: TWMAS OWM DATE SLUUTTED: OV22110 NUMBER aoMuai IS tNw�wr ra aruaiaoar P08019400 ACKNOWLEDGMENT State of California County of Riverside On OW6/2010 before me, r• Lb (here insert name and title of thii officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the some in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ��*�'-,J�� (Seal) PAMELA 8. N1ET0 commfsslon i 1723271 Notary PubHo . Calllomla Riverside county . MyCanm.E�4esFeb2.2011 46 City of La �Quinta^ ` OIFFICE.USE ONLY Case No. Cq _ Planning Department. DeRe° Zo� `��z(o� F. s 78-495 Calle Tampico Related Apps: La Quinta, California' 92253 . Loggedin by: S - =~' PHONE: (760) 777-7125 FAX: 7.77-1233 re ed c f 7009 Y APPLICATION FOR PARCEL MERGER APPROVAL Q'4<of Ca Q&nta . Ring Department PARCEL MERGER applications are reviewed and approved by the Planning Director pursuant to Chapter 1336 of the Subdivision Regulations. The,purpose is io allow merger of contiguous.patcels or units of real property, under- common ownership. +..•..•..•..• .•..•..•..•..•..•.. o.•..•..•...•..•..•..•..+::•..•..•..•..•..•..•..•..�..•• 4. ............................-........... APPLICANT Avenue 40, LLC ; ,.. (Print) ' MAILING ADDRESS480 end Street East, P.O. Box 14001-FMB 166. Phone No. (760) 285-4050 CITY,.STATE, ZIP: Ketchum, ID. 83340.Fax No: f PROPERTY OWNER (If different): 1•: (Print) - MAILING ADDRESS y` Phone No. a CITY, STATE, ZIP: Fax No. c `• ' MERGER LOCATION:, Avila Drive and�50th Avenue Assessor Parcel Number of Parcels to be' Merged:. Parcel 1 646 _ 191 -'Oil _ Parcel 646 _ 191 012 i' Parcel - - jParcel 4 i . (Attach additional sheets, if necessary) APPLICABILITY: Merger may be processed if the following requirement is satisfied: 0 At least one of the affected parcels is undeveloped by any structure for which a building permit was issued of ' for which a building permit was not required at. the..iime of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. - PAApplicationsTarcel Merger Approval.doc -CRITERIA FOR APPROVA0 To obtain approval of a merger, the following criteria shall be met: ❑ The merger complies with the standards specified in Section above. ❑ The parcel will be consistent with the zoning of the property. . 0 The parcel will not conflict with the location of existing structures on the property. ❑ The parcel will not be deprived of adequate access as a result of the merger. ❑ Access to adjoining properties will not be restricted as a result of the merger. ❑ No new lot lines are'created by the merger. MINIMUM SUBMISSION REOUIREMENTS: ❑ ' : ' Existing grant deeds or title reports for all affected parcels. ❑ New, original, unrecorded Grant Deeds for each resulting parcel with the following: ❑ Correct, legal description of the. merged parcel ' and the statement, "This Grant Deed reflects Parcel Merger No. , as approved the City of La Quinta." . ❑ Completed Certificate of Parcel Merger. No. "Exhibit A" ❑ Completed Certificate of Parcel Merger No. , "Exhibit B" - Plat showing merged parcels. ❑ Completed Site Flan, showing merger,parcels and existing structures and improvements, if any. ❑ If metes and bounds legal. description is used for merged parcels, closing calculations shall' -be submitted'. ❑ Filing fee for Parcel Merger. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. O♦ •♦i ♦♦i ♦♦♦ Oi O♦ ♦♦• 4. Oi ••• ♦♦i ♦♦i ♦♦♦ •♦- ♦•i ••i •♦i ♦♦♦ ♦♦♦ ♦♦• Oi ♦•i Oi Oi ♦♦i ♦♦i •♦i ♦♦i ♦♦i •♦• •♦i ♦♦i •♦i ♦•• ♦•i ••• ♦•i ♦♦i ♦♦i ♦♦♦ ♦♦i ♦♦♦ ♦♦• ••• ••• ••♦ Oi ♦•i ♦♦• ••• ••w SIGNATURE OF APPLICANT TE JQ•In' • �� _ NAME OF APPLICANT Lre&4_1 _ L`�- (Please print) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: DATE NAME OF OWNER (Please print) (Separate written authority by owner to submit application may be submitted) NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS .FOR DENYING APPLICATION. PREPARED 11/17/09, 8:40:41 PAYMENTS DUE INVOICE CITY OF LA QUINTA PROGRAM PZ821L --------------------------------------------------------------------------- PROJECT NUMBER: 08-00000578 PM 2009-491 AVENUE 40, LLC FEE DESCRIPTION AMOUNT DUE --------------------------------------------------------------------------- PARCEL MERGER 200.00 TOTAL DUE 200.00 Please present this invoice to the cashier with full payment. r CITY OF LA QUINTA *$* CUSTOMER RECEIPT Date: 11/17/09 01 Receipt no: 7281 Descript08 n 57antity Amount 2200 PZ PLANNING 8 ZONING 1.00 $200.00 Trans number: 127588 AVENUE 40 LLC Tender detail CK CHECK 1077 $200.00 Total tendered $200.00 Total payment $200.00 Trans date: 11/17/09 Time: 8:43:23 ** THANK YOU FOR YOUR PAYMENT ryryryry+W4MbN+irbh9r�rL49dl,b W1,bb9r41,NLMh+4R,MirtrMRrb FOR QUESTIONS PLEASE CALL 760-777-7150 RECORDING REQUESTED BY LawyM Title AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: CHARLES M. ELLIS, A Prof®slonal Low Corpomfion 5M OCEAN BLUFF WAY ENCINrTAS, CA 92024 OOC a 2010-04T3340 10/05/2019 Customer Co Label Taffl�xed hasrwllhbeen9coabal is with the recorded documents Larrvl U Uard TITLE ORDER NOAVII019g6911'�+ Assessor, of RiversIdeReeerder ESCROW NO, GRANT DEED The undersigned.grantor(s) declares DOCUMENTARY TRANSFER TAX $_0_coi�iSiGiQiYG�iloW TRA: 010 -00 2 mnp X oumd on full value of property conveyed. or _ amnpu0ad on full value leas We and erwmbrenaes remaining at tiros of sale APN: 646-191-011 & 010 �X City of La Qu nta FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AVENUE 40, LLC, a Delaware limited liability company Hereby GRANTS to AVENUE 40, LLC, a Delaware limited liability company The following described real property in the City of La Quinta, County of Riverside, State of California: PARCEL A LOTS t AND 1 OF TRACT 3448 IN THE CITY OF LA QUINTA AS SHOWN IN MAP BOOK 58 PAGES 20 AND 21 OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, IN SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, AS SHOWN ON EXHIBITS "A" & "B° ATTACHED. NOTE: This grant deed reflects Parcel Merger No. 2009-491 as approved by the City of La Quinta Date: ell,ba AVENUE 40, LLC, a Dela, limited liability company By O AS F. DIMARE Managing Member STATE OF CALIFORNIA ) ) ss. COUNTY OF J�J (,N tcS ) t Lori L.1�lo- On �� , .2GVo before me, the undersigned, a Notary Public in and for said State, personally appeared y a5� , who proved to me on the basis of satisfactory evidence to be the person(* whose name(sj subscribed to the within instrument and ackn wledged to me that I9W-; IW executed the same in it authorized capacity(;eS), and that by 6joeddheir signature(} on the instrument, the person , or the entities upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official s (SEAL) won• 1N�p7t; gnature of No Public Pme . CMNWb �M��Oet 71 .IDI L - 61C4C4-- i'cp - o C-r- 1-12-010 zw4..... . _ .,vl uwaticn Recording Requested By and When Recorded Return to: HAWLEY TROXELL ENNIS & HAWLEY LLP Attn: Richard F. Goodson P.O. Box 1617 Boise, Idaho 83701 DO(ju 2003-0721M7 4/2003 06:00A Fee:67.00 papa i of 21 Recorded In Official Records County of Riverside Cary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111 M $ I U PACE 612E I DA PCOR NOCOR 6W MLSC. EXAM q R L COPY LONG REFUND Cm AMENDED AND RESTATED GRANT OF EASEMENT ( 7 PREAMBLE SP THIS AMENDED AND RESTATED GRANT OF EASEMENT amends and replaces that certain Grant of Easement between the parties hereto which was dated September 14, 2003 and recorded on October 2, 2003, as Instrument No. 773935, Official Records of Riverside County, California ("Original Grant of Easement") as follows: THIS AMENDED AND RESTATED GRANT OF EASEMENT is made effective the 14th day of September, 2003, by and between LA QUINTA COUNTRY CLUB, a Non -Profit Mutual Benefit Corporation ("Country Club") and VILLA LA QUINTA HOMEOWNERS ASSOCIATION, a California Non -Profit Mutual Benefit Association ("Homeowners Association"), hereinafter collectively referred .to as "Grantor" and BETTE RASMUSSEN, a married woman, dealing with her sole and separate property, hereinafter referred to as "Grantee." RECITALS WHEREAS, the purpose of this Amended and Restated Grant of Easement is to correct, the legal description of the Dominant Tenement which was described on -Exhibit "C" attached to the Original Grant of Easement; and WHEREAS, Country Club is the owner of certain real property commonly known as La Quinta Country Club, in the City of La Quinta, Riverside County, State of California, a portion of which is more particularly described on Exhibit "A" attached hereto and incorporated herein by reference as if set out at length ("Country Club Property"); and WHEREAS, Homeowners Association is the owner of certain real property in the City of La Quinta, Riverside County, State of California, commonly known as Avila Drive; a portion of which is shown on Exhibit "B" attached hereto and incorporated herein by reference as if set out at length ("Avila Drive"); and WHEREAS, the Country Club Property and Avila Drive shall hereinafter collectively be referred to as the "Servient Tenement"; and AMENDED AND RESTATED GRANT OF EASEMENT - 1 03444.0003.727569.1 WHEREAS, Grantee is the owner of certain real property in. the City of La Quinta, Riverside County, State of California, hereinafter referred to as the "Dominant Tenement' as more particularly described on Exhibit "C" attached hereto and incorporated herein by reference as if set out at length; and WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: GRANT OF EASEMENT 1. ' For valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee in perpetuity an easement as hereinafter described. CHARACTER OF EASEMENT 2. The easement granted herein is appurtenant to the Dominant Tenement. DESCRIPTION OF EASEMENT 3. The easement granted herein is a right to use the easement hereinafter described for the purposes of a right of way for ingress and egress to and from the Dominant Tenement and for gardening, planting and maintaining and watering any garden or landscaping or wall which is now or which may hereafter be installed by Grantee in or on the Servient Tenement. LOCATION 4. The location of the easement granted herein is specifically described on Exhibit "D" attached hereto and incorporated herein by reference as if set out at length. EXCLUSIVENESS OF EASEMENT The easement granted herein is exclusive. SECONDARY EASEMENTS , 6. The easement granted herein includes incidental rights of maintenance and repair of the roadbed and curbs and replacement of the garden, plants, trees and landscaping and the repair and maintenance of a wall if one exists. ENTIRE AGREEMENT 7. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. AMENDED AND RESTATED GRANT OF EASEMENT - 2 03444.0003.727568.1 ATTORNEY'S FEES 8. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from, the losing party reasonable expenses, attorney's fees and costs. TERMS OF GRANT 9. Notwithstanding anything to the contrary. stated above, the parties hereto acknowledge and agree that the Homeowners Association's grant of easement to Grantee is specifically conditioned upon and subject to all of the rules and regulations of the Homeowners Association, now or hereafter adopted, which pertain to the operation of the guard gate located upon the real property depicted on Exhibit "B" attached hereto. Grantee, for herself and her successors and assigns, agrees to comply with such rules and regulations. BINDING EFFECT 10. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated. [Signatures on following pages] III�II��YII��III�Y�II�IIIIRINIW "';�-'688 AMENDED AND RESTATEUGRANT OF EASEMENT - 3 03444.0003727568.1 GRANTOR: LA QUINTA COUNTRY CLUB, a Non -Profit Mutual Benefit Corporation By: — .Name: D id J. Erwin President By: Name: Richard R. Olip ant Secretary AMENDED AND RESTATED GRANT OF EASEMENT - 4 03444.0003.727568.1 OPTIONAL SECTION State of California County of ) CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to rill in the data low, doing so may prove invaluable to persons relying on e document. DATE Nuns cote of offKa cg. "ytrc due, wary Waa ❑ INDIVIDUAL ® CORPORATE OFFICFR(S) personally appeared DAVID J. ERWIN President ovngq of.PoW 7n1a1U personally known to me -OR- ❑ proved to me on the basis of satisfactory ❑ PARTNER(S) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and ❑ ATTORNEY -IN -FACT that by his/her/their signature(s) on the instrument the person(s), or the entity ALICE L. RICKARDSON upon behalf of which the person(s) acted, Commission ail 329D10 zexecuted the instrument. i Notary Public - CaliftMia z Riverside Courtly M yComm. Fires �6.2_' ' •,�_,,,,.,,�:.,o,�.f,�.wsa*"�°",' TNESS my hand and official seal. SIGNATU F NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RICHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT ❑ TRUSTEE(S) ❑ LIMITED [:]GENERAL ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EN'rmy(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 2683-872157 AMENDED AND RESTATED GRANT OF EASEMENT - 5 03444.0003.727568.1 ILLEGIBLE NOTARY SEAL. DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: L COUNTY WHERE BOND IS FILED: '\t'\jQC-SleA L DATE COMMISSION EXPIRES: ►2 -(C� (j PLACE OF EXECUTION OF THIS DECLARATION: San Bemardlno DATE: COMMISSION NUMBER: I ?�OgDLO SOUTHLA ITLE BREND-A PLEVYAK TITLE OFFICER 0 • State of C lifornia ) County of ) On(hj�63b ZW3 before me • . DAre personally appeared RICHARD R. OLIPHANT ❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the PATRICIA A. WEBS instrument the person(s), or the entity Commission # 1388582 Z upon behalf of which the person(s) acted, Notary Public - Colifomio ; executed the instrument. QMVCornrn.Riverside County E)Ores Dec a 20061 ITNESS my ha d and official se I. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE TITLE OR TYPE OF DOCUMENT ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT. NUMBER OF PAGES Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER }hough statute does not require the Notary to fill in the data Below, doing so may prove invaluable to persons relying on ne document. ❑ INDIVIDUAL ® CORPORATE OFFICER(S) Secretary r�um�i ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DATE OF DOCUMENT 2893-872157 AMENDED AND RESTATED GRANT OF EASEMENT - 6 03"4.0003.72756e. t • ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: Tat � �C l P( - . LL7 abb COUNTY WHERE BOND IS FILED: p uer-'off. DATE COMMISSION EXPIRES: PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino DATE: COMMISSION NUMBER: SOUTH TLE BREND LEVYAK TITLE OFFICER 2603-872157 GRANTOR: VILLA LA QUINTA HOMEOWNERS ASSOCIATION; a California Non -Profit Mutual Benefit Association By: Name: Patrick4;...-Ross President 9 • State of County of California ) On 0!&22doblefore me, DATE personally appeared Patrick K. Ross OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER statute does not require the Notary to fill in the data doing so may prove invaluable to persons relying on ument. INDIVIDUAL CO RPORATF. OFFICER(S) ❑ personally known to me -OR-roved to me on the basis of satisfactory ❑ PARTNER(S) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in ❑ LIMITED ❑ GENERAL his/her/their authorized capacity(ies), and ❑ ATTORNEY -IN -FACT that by his/her/their signature(s) on the instrument the person(s), or the entity ❑ TRUSTEE(S) upon behalf of which the person(s) acted, executed the instrument. ❑ GUARDIAN/CONSERVATOR ALICE L. RICHARDSON ❑ OTHER: Commission #1329010 z .� Notary Public - C2I'lbmiaWf'NESS my hand and official seal. z Riverside County '• My Comm. Expires Dec 6, 27.. SIGNATURE OP NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE TITLE OR TYPE OF DOCUMENT ATTACHED TO THE DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IFS) DESCRIBED AT RIGHT: NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE I I�illl I��III llll II�II IIIIIII 1II II{III� III IIIII) ICI III 11?083-812157 0 l 0 f0 2109F1 AMENDED AND RESTATED GRANT OF EASEMENT - S 03444.0003.727568.1 • ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: O l i C c. L . COUNTY WHERE BOND IS FILED: ��1Qz51C;fZ- DATE COMMISSION EXPIRES: PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino DATE: L, .7�1,7� COMMISSION NUMBER: l -b 7-clD(0 SOUTHLAPQ TITLE BRENDA PLEVYAK TITLE OFFICER 2803-872157 • • I GRANTEE: BETTE RASMUSSEN Address: 46-826 Coachella Drive La Quinta, CA 92253 STATE OF IDAHO } ) ss. County of Jar Q A ) On this a 3 - day of OcTa SeR , 2003, before me, rZ d F. G ovd S aiJ , a Notary Public in and for said state, personally appeared BETTE RASMUSSEN, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and. acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 7. f 01 A* N tary Public for Idaho = Residing at � C. My commission expires- ? .Z va b AMENDED AND RESTATED GRANT OF EASEMENT - 9 03444.0003.777569.1 ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: COUNTY WHERE BOND IS FILED: � DATE COMMISSION EXPIRES: (Q-2-2 _C-)L PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino DATE: to L COMMISSION NUMBER: SOUTH D T LE BRENDA PLEVYAK TITLE OFFICER r m�iu�muww�mw�uu�iuiw� ,.�=;�=a�•. EXHIBIT "A" Villa La Quinta Hoineowners Association is described as follows: I Lots 1 through 42 Riverside County Map Book, page 617-56 Tract #8792 and 8792-1 and 11 Lots 1 through 40 Riverside County Map Book, page 617-53 Tract #6064 and 8792-1 2883-872157 AMENDED AND RESTATED GRANT OF EASEMENT - 10 0 03444.0003.727568.1 S'->O. \6S N I C� i 20' 20' •, O W � N o 0 0 ! 20' 20' G� h J J S89151 '00'W 169.00' pilb LOT 2 TRACT NO. .3448 MB 58 _ \4 ,�83'45 41 f 56.6 1 �� /20-21 85,1 • 0 EXHIBIT _C�___ Parcel A: Lot(s) 1 and 2 and Lot I, of Tract 3448, in the County of Riverside, State of California, as per Map recorded in Book 58, pages 20 and 21 of Maps, in the office of the County Recorder of said county. Parcel e: - Being a portion of Parcel No. 1 of Record of Survey recorded in Book 52, Page 55 of Maps, Records of Riverside County, lying in the Southwest quarter of Section 31, Township 5 South, Range 7 East, San Bernardino Meridian, described as follows: Beginning at the Southwest comer of said Section 31; Thence North 89° 51' 000 East, 1,608.13 feet along the South line of said Section 31; Thence North 00,, 09 00" West, 53.62 feet to a point on the West line of said Parcel 1, said point being the true point of beginning; thence North 000 09'-00" West, 91 A 1 feet to the North line of said Parcel 1; thence North 850 11' DO" West 4.02 feet along the North line of said Parcel 1 to the Northwest comer thereof; thence South 00c 09' 00" East 82.07 feet along the West line of said Parcel 1 to the beginning of a tangent curve; thence along the are of said tangent curve, concave to the left having a radius of 13.00 feet through a central angle of 46° 11' 13", a distance of 10.48 feet to the true point of beginning. 2883-872157 EXHIBIT D ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE INCORPORATED CITY OF LA �QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN °BERNA-RDINO BASE AND -MERIDIAN, -MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 3 AS SHOWN ON THAT CERTAIN RECORD -OF SURVEY FILED IN BOOK 52 OF RECORDS OF SURVEY AT PAGE 56, RIVERSIDE COUNTY RECORDS; cc m� THENCE S 89° 51' 00" W ALONG THE SOUTH LINE OF SAID PARCEL 3 FOR A ti "' ° DISTANCE OF-69:00 FEET TO THE SOUTHWEST CORNER -OF THAT PORTION OF "' ,t Qa SAID PARCEL 3 SHOWN AS ROADWAY EASEMENT ON SAID RECORD OF cum SURVEY; THENCE N 000 09' 00' W ALONG THE WEST LINE OF SAID ROAD EASEMENT FOR A DISTANCE OF .8.00 FEET; THENCE, FROM A TANGENT. BEARING N 890 51' 00" E, ALONG SAID WEST LINE BEING A CURVE TO THE LEFT, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FOR AN ARC DISTANCE O OF 39.27 -FEET; THENCE CONTINUING ALONG SAID WEST LINE N 00° 09' 00" W FOR A DISTANCE OF 91:00 FEET TO THE BEGINNING OF A TANGENT CURVE TO -THE RIGHT, ON CONCAVE EASTERLY, HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE -OF 13" 26' 34"; S THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT FOR AN ARC DISTANCE -OF 39.89 FEET; THENCE S 70° 04' 09" E FOR A DISTANCE OF 49.65 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 37.50 FEET AND A CENTRAL ANGLE OF 270 59' 09"; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT FOR. AN ARC DISTANCE OF 18.32 FEET; THENCE S 42° 04' 59" E FOR A DISTANCE OF 21.26 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT -CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 540 09' 20% THENCE EASTERLY ALONG SAID CURVE, TO THE LEFT FOR AN ARC DISTANCE OF 23.63 FEET; .THENCE N 830 45' 41" E FOR A DISTANCE OF 56.61 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 39° 57' 17; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE LEFT FOR AN ARC -DISTANCE OF 17.43 FEET; THENCE N 430 48' 28" E FOR A DISTANCE OF 55.63 FEET TO THE NORTHEAST CORNER OF LOT 2 OF TRACT NO. 3448 PER MAP THEREOF FILED FOR RECORD IN BOOK 58 OF MAPS AT PAGES 20 AND 21, RIVERSIDE COUNTY RECORDS; THENCE S 390 49' 00" W ALONG THE NORTH LINE OF SAID LOT 2 FOR A DISTANCE -OF 59.89 FEET TO THE NORTHEAST CORNER OF -LOT 1 OF SAID TRACT NO. 3448; THENCE CONTINUING S 390 49' 00" W ALONG THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 20.11 FEET TO AN ANGLE -POINT THEREIN; THENCE N 85" 11' 00" W ALONG THE NORTH LINE OF SAID LOT 1 AND ALONG THE NORTH LINE -OF LOT -I OF SAID TRACT NO. 3448 FORA DISTANCE OF 95:08 FEET TO AN ANGLE POINT; THENCE N 420 04' 59" W FOR A DISTANCE OF 15.27 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, -CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 26° 11' 29"; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT FOR AN ARC -DISTANCE OF 11.43 FEET; THENCE S 19° 55' 51" W FOR A DISTANCE OF 18.69 FEET TO THE EAST LINE OF SAID ROADWAY EASEMENT; THENCE S 00° 09' 00" E ALONG SAID EAST LINE FOR A DISTANCE OF 80.12 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 13.00 FEET AND A CENTRAL ANGLE OF 46° 11' 13"; THENCE SOUTHEASTERLY ALONG SAID EAST LINE AND SAID CURVE TO THE LEFT FOR AN ARC DISTANCE OF 10.48 FEET TO AN ANGLE POINT IN SAID EAST LINE; 2003-872157 P46E Z o � 5 THENCE S 00° 09' 00" E ALONG SAID EAST LINE FOR A DISTANCE OF 23.62 FEET TO THE POINT OF BEGINNING; CONTAINING 8,318 SQUARE FEET, MORE OR LESS. PREPARED UNDER THE SUPERVISION OF: WARNER ENGI EE NG WILLIAM H. WARNER, R.C.E. 23256 D E �� 3,�-3 m �' No. 23255 tIr Exp. ,1231/OS Jay f< CIVIL O, CAMP CALIFORNIA ALL -PURPOSE -ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF COUNTY OF RIVERSIDE On October 29, 2003 before me, Alice L. Richardson, personally appeared Patrick C. Ross, ❑ personally known to me - OR - m proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which AL16E L. RICHARDSON the person acted, executed the instrument. Commission 21329010 .,., Notary Public - California WITNESS WITNESS my hand and official seal. Riverside County MyCornrt Eroir^Oec6,2M ignatureA Notary My commission expires: ,c-C�e&. fir, ;2p6 5 OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: October 29, 2003 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick C. Ross a Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing. ..................................: Top or thumb here Signer's Name: 0 Individual J Corporate Officer Title(s): Partner — U Limited Attorney -in -Fact Trustee(s) i-E Guardian or Conservator Other: Signer is Representing IIIIIIIIIMIIVIIII�IIVflItlI�III�IIIINII ��'�':'�211 �- L General itICA4 OR i+Air i# Top of thumb here Government Code 27361.7 , I Certify Under Penalty of Perjury That. The Notary Seal On The Document To Which This Statement Is Attached Reads As Follows: Name of Notary: L. J C L . r c A fq � � S�su Commission No: A ,A "?Q /D Date Commission Expires: Q e 62 County: U e S i 49 -� By Date: y— d 3 2003-872157 Recording Requested and when Recorded Mail to: PETERS & FREEDMAN, L.L.P. 191 Calle Magdalena, Suite 220 Encinitas, California 92024 Telephone: (760) 436-3441 P 1441 DOC p 2 46-0400002 05/19/200 :00A Fee:139.00 Page 1 of 45 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk d Recorder 1111111111111111111111111111111111111111111111111111111 M S U PAGE I SIZE OA POOR NOCOR StO W=. 1 y� A R L COPY LONG FU REND WHO E%AM e nace for ecor er's se FIRST RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR l CASITAS NO. 1 HOMEOWNERS ASSOCIATION If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be. construed as restrictions based on familial status. TABLE OF CONTENTS PAGE RECITALS.................................................................I ARTICLE I DEFINITIONS .............................................. 2 Section 1. "Architectural Control Committee" .............................. 2 Section 2. "Architectural Control Committee Rules" ......................... 2 Section 3. "Assessment" ............................................... 2 Section 4. "Association" ....................... ......................... 2 Section 5. "Association Rules" or "Rules and Regulations" ................... 2 Section 6. `Beneficiary„ ............................................... 2 Section 7. "Board of Directors" or "Board" ................................ 2 Section 8. "Bylaws"..................................................2 Section9.. "City".....................................................2 Section 10. "Common Area" .............................................. 2 Section 11. "Common Expense" .......................................... 2 Section 12. "Common Facilities" ......................................... 3 Section 13. "County" ..................... I ............................... 3 Section 14. "Declaration" ............................................ . 3 Section 15. "Deed of Trust" or "Trust Deed" ................................ 3 Section 16. "Development" .............................................. 3 Section 17. "Governing Documents" ....................................... 3 Section18. "Lot"......................................................3 Section 19. "Member" ................................................. 4 Section 20.. "Mortgage".................................................4 Section 21. "Owner" .................................................... 4 Section 22. "Owner of Record" and "Member of the Association" ............... 4 Section 23. "Regular Assessment" ........................................ 4 Section 24. "Reimbursement Assessment" .................................. 4 Section 25. "Residence"................................................4 Section 26. "Single Family Residential Use" ................................ 4 Section 26. "Special Assessment" ........................................ 4 ARTICLE II. MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION ........ 4 Section 1. Membership . ................................................ 4 Section 2. One Class of Membership ..................................... 5 Section 3. Voting ..................................................... 5 Section 4. Transfer ................................................... 5 Section 5. Joint Owner Disputes ......................................... 5 ARTICLE III PROPERTY RIGHTS AND OBLIGATIONS OF OWNERS ......... 5 Section 1. Owners' Nonexclusive Easements of Enjoyment ................... 5 TABLE OF CONTENTS PAGE Section 2. Persons Subject to Governing Documents ......................... 6 Section 3. Waiver of Use ................................................ 6 Section 4. Obligations of Owners ... ..................................... 6 Section 5. Delegation of Use .............................................. 7 Section 6. Owner's Obligation for Taxes ...... .......................... 8 ARTICLE IV POWER AND DUTIES OF THE ASSOCIATION ................. 8 Section 1. Management and Control ......... .......... ................ 8 Section 2. Powers and Responsibilities of the Board ......................... 9 Section 3. Right of Entry ............. I ................................. 10 Section 4. Limitation of Liability .............. .................. 10 ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION ........................................... 11 Section 1. Assessments Generally .......... :............................ 11 Section 2. Creation of Lien and Personal Obligation for Assessments ........... 11 Section 3. Regular Assessments ...................................... 12 Section 4. Special Assessments ......................................... 13 Section 5. Reimbursement Assessments ................................... 13 Section 6. Notice/Certificate of Status ................................... 14 Section 7. Exemption of Certain of the Properties From Assessments .......... 14 Section 8. Remedies of the Association for Non -Payment of Assessments ....... 14 Section 9. Effect of Non -Payment of Assessments ..... .....*...........:... 15 Section 10. Foreclosure of Assessment Lien ............................... 15' Section 11. Subordination of Lien .......... ........................... 15 Section 12. Waiver of Exemptions ...................................... 15 Section 13. Certificate of Payment .................. ... I ................ 16 Section 14. Uniform Rate of Assessments ................................. 16 Section 15. No Offsets ................................................ 16 ARTICLE VI USE RESTRICTIONS ..................................... 16 Section 1. Occupancy................................................16 Section 2. Subdivision of Lots and Structures ............................. 17 Section 3. Pets......................................................17 Section 4. Signs, Flags and Banners ...... ............................... 17 Section 5. Antennas and Similar Devices ................................. 18 Section 6. Vehicles and Parking ......................................... 18 Section7. Garages...................................................19 Section 8. Impairment of Lots and Easements ............................. 19 Section 9. Rubbish, Trash, and Garbage .................................. 19 -ii- 038 IIIIIIIIIIIIIIIIIIIIIIIIIIflllillIlllilIIIIIIIIIIIIIIII 85 f 5' GOA TABLE OF CONTENTS PAGE Section 10. Nuisance .................................................. 19 Section 11. Unsightly or Unkempt Conditions .............................. 19 Section 12. Dangerous Use of Lots ....................................... 20 Section 13. Responsibility for Damage to the Common Area .................. 20 Section 14. Use of Common Area ...................................... 20 Section 15. Window Covers ............................................ 21 Section 16. Rules of Association ........................................... 21 Section 17. No Exterior Clotheslines ..................................... 21 Section 18. Machinery and Equipment ..................................... 21 Section 19. Diseases and Pests .......................................... 21 Section 20. Activities Affecting Insurance ................................. 21 Section 21. Oil Drilling/Water Wells ..................................... 21 Section 22. Repair After Destruction .... ........... ..................... 22 Section 23. No Interference With Established Drainage Patterns ................ 22 Section 24. Multiple Ownership Restrictions ............................... 22 ARTICLE VII ARCHITECTURAL CONTROL ............................... 22 Section 1. Architectural Committee ...................................... 22 Section 2. Duties of the Committee ..................................... 22 Section 3. Architectural Committee Approval of Improvements ............... 22 Section 4. Waiver .................................................... 22 Section 5. Liability .................................................. 23 Section 6. Completion of Improvements ................................... 23 Section 7. Inspection ............................................... 23 ARTICLE VIII LEASING OF LOTS ........................................ 23 Section 1. Definition ................................................. 23 Section 2. Leasing Provision ........................................... 23 ARTICLE IX MAINTENANCE RESPONSIBILITIES ........................: 24 Section 1. Association Maintenance Responsibilities ....................... 24 Section 2. Owner Maintenance Responsibilities ........................... 25 Section 3. Party Walls/Fences.......................................... 25 Section 4. Failure of Owner to Carry Out Maintenance Responsibilities ........ 25 Section 5. Liability for Damage .......................................... 26 Section 6. Cooperative Maintenance Obligations ........................... 26 ARTICLE X PARTITION...............................................26 Section 1. Partition .................................................. 26 �IINIIIMI�IWIIINIUIIIIINIrIIY 65'4 of 45 598: BOA TABLE OF CONTENTS PAGE Section 2. Power of Attorney ......... ........................ ...... 26 ARTICLE XI AMENDMENTS ............................................ 27 Section 1. General ................................................. 27 ARTICLE XII DESTRUCTION OF WPROVEMENTS ........................ 27 Section 1. Insurance Proceeds Sufficient ................................. 27 Section 2. Insurance Proceeds Insufficient .................................. 27 Section 3. Assessments ............................................... 27 Section 4. Failure to Rebuild ............ ............................ 27 Section 5. Contract Re Rebuilding :..::...........:...... ...... 28 Section 6. Minor Repair and Reconstruction ................................ 28 ARTICLE XIII DESTRUCTION OF LOT IMPROVEMENTS .................... 28 Section 1. Destruction ................................................. 28 Section 2. Variation................................................28 ARTICLE XIV INSURANCE .............................................. 28 Section 1. Types of Insurance Coverage .... ........................... .28 Section 2. Premiums, Proceeds and Settlement ............................ 30 Section 3. Owner's Liability Insurance ..................................... 30 ARTICLE XV CONDEMNATION .......................................... 31 Section 1. Taking of a Lot ............................................. 31 Section 2. Taking of Common Area ................... ............... 31 Section 3. Disbursement of Any Award .................................. 31 Section 4. Priority of Mortgagee Rights .................................. 32 ARTICLE XVI RIGHTS OF LENDERS ..................................... 32 Section 1. - First Mortgagee Relationship with Assessment Liens ................ 32 Section 2. Special Limitations on Association ............................... 32 Section, 3. Notice to First Mortgagees of Owner Default ....................... 33 Section 4. Effect of Owners' Breach .............................. ...... 33 ARTICLE XVII ENFORCEMENT..........................................1 33 Section 1. Enforcement .......................... ............... 33 TABLE OF CONTENTS PAGE Section 2. Nuisance .................................................. 34 Section 3. Violation of Law ........................................... 34 Section 4. No Waiver ................................................. 35 Section 5. Attorneys' Fees ............................................. 35 Section 6. Cumulative Remedies ....................................... 35 ARTICLE XVHI GENERAL PROVISIONS ............................ ...... 35 Section 1. General Duties and Powers ................................... 35 Section 2. Notices ................................................... 35 Section 3. Extension of Declaration ..................................... 35 Section 4. Limitation of Liability ....................................... 35 Section 5. Liberal Interpretation of Declaration ............................ 35 Section 6. Indemnification ................ .......................... .. 35 Section 7. Severability ............................................... 36 Section 8. Number; Gender ............................................ 36 Section 9. Successors and Assigns ...................................... 36 Section 10. Joint and Several Liability. ................ .................. 36 Section 11. Encroachment Easements .................................... 36 Section 12. Conflicts...................................................36 CERTIFICATE OF AMENDMENT .............................................. 37 GA12\2010\ SMC&Rs TOC.wpd IIIIIIIIII��nIII111EIIv1I�IIIII�IIN .,'gym== 0 0 FIRST RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASITAS NO. 1 HOMEOWNERS ASSOCIATION. The Declaration of Covenants, Conditions and Restrictions, recorded on May 13, 1970, as Instrument No. 70-44999, of the Official Records of Riverside County, California ("Original Declaration"), and all amendments thereto, including, but not limited to the First Amendment to Declaration of Covenants; Conditions and Restrictions, recorded on March 21,1973, as Instrument No. 73-35866 of the Official Records of which affect all of the Development described and commonly known as Casitas No.. ljare hereby amended and restated in their entirety to read as follows:Eo�wErs Arseoc+wsro� RECITALS 1. WHEREAS, Declarant was the original owner of that certain real property ("Development") located in the City of La Quinta, County of Riverside, and State of California, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. 2. WHEREAS, Declarant conveyed the -Development, subject to certain easements, protective covenants, conditions, restrictions, reservations, liens and charges as set forth in the Original Declaration referred to above, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Development and all of which shall run with the Development and be binding on all parties having or acquiring any right, title or interest in the Development, or any part thereof, their heirs; successors and assigns, and shall inure to the benefit of each Owner thereof. 3. WHEREAS, it was the further intention of the Declarant to sell and convey residential Lots improved by residences originally constructed by Declarant to the Owners, subject to the protective covenants, conditions, restrictions, limitations, reservations, grants of easements, rights, rights -of -way, liens, charges and equitable servitudes between Declarant and such Owners which are set forth in this Declaration and which are intended to be in furtherance of a general plan for the subdivision, development, sale and use of the Development as a "planned development" as that term is defined in Section 1351(k) of the California Civil Code. Finally, it was the intention of Declarant, that the "Common Areas" and "Common Facilities" be owned and maintained by the Association, but reserved exclusively for the use and enjoyment of the Members of the Association, their tenants; lessees, guests and invitees, all subject to the terms and conditions of the Governing Documents. i III�IMIIIWIIVINI�IIN�IVI�ININ ._„;== ! 0 ARTICLE I DEFINITIONS Section 1. "Architectural Control Committee" means the Committee created in accordance with Article VII of this Declaration. Section 2. "Architectural Control Committee Rules means the rules, regulations and/or guidelines which have been or shall be adopted by the Architectural Committee and amended from time to time. Section 3. "Assessment" means any Regular, Special or Reimbursement Assessment made or assessed by the Association against an Owner and his or her Lot in accordance with the provisions of Article V of this Declaration. Section 4. "Association" means the CASITAS NO. 1 HOMEOWNERS ASSOCIATION, a nonprofit unincorporated association. The Association is an "Association" as defined in California Civil Code Section 1351(a). Section 5. "Association Rules" or "Rules and Regulations" means the rules, regulations and policies adopted by the Board of Directors of the Association, pursuant to Article IV, Section 2 of this Declaration, as the same may be in effect from time to time. Section 6. "Beneficiary" means a mortgagee under a mortgage or,. as the case may be, the beneficiary of or holder of a note secured by a Deed of Trust, and/or the assignees of such mortgagee, beneficiary or holder. Section 7. "Board of Directors" or "Board" means the Board of Directors of the Association. Section 8. "Bylaws" means the Bylaws of the Association, as such Bylaws may be amended from time to time. Section 9. "City" means the City of La Quinta and its various departments, divisions, employees and representatives. Section 10. "Common Area" means all the real property owned by the Association for the common use and enjoyment of the Owners. Unless the context clearly indicates a contrary intention, any reference herein to the "Common Areas" shall also include any Common Facilities located thereon. "Common Area" shall also mean the entire Development, except the separate interests therein. Section I L "Common Expense" means any use of Common Funds authorized by Article V hereof and Article VIII of the Bylaws and includes, without limitation: (A) All expenses or charges incurred by or on behalf of the Association for the management, maintenance, administration, insurance, operation, repairs; additions, alterations or I�mIII�I�II�tlIII�V�IVIYIINImIIfl w' reconstruction of the Common Area, Common Facilities or any portion of any Lot that the Association is obligated to maintain or repair; (B) All expenses or charges reasonably incurred to procure insurance for the protection of the Association and its Board of Directors; (C) Any amounts reasonably necessary for reserves for maintenance, repair and replacement of the Common Areas and Common Facilities or any portion of any Lot that the Association is obligated to maintain or replace, and for nonpayment of any Assessments; and (D) The use of such funds'to defray the costs and expenses incurred by the.Association in the performance of its functions or in the proper discharge of the responsibilities of the Board as provided in the Governing Documents. Section 12. "Common Facilities" means, without limitation, the trees, hedges, plantings, lawns, shrubs, landscaping, fences, utilities, pipes, lines, lighting fixtures, swimming pool, spa, tennis court, restrooms, pool cabana, mailbox structure, gates, walls, streets, curbs, structures, buildings, and other facilities constructed or installed, or to be constructed or installed, or currently located within the Common Area. Section 13. "County" means the County of Riverside, State of California, and its various departments, divisions, employees and representatives. Section 14. "Declaration' means this instrument, including all of the Exhibits referred to herein (all of which shall be deemed incorporated herein by reference), as the same may be amended from time to time. The "Original Declaration" means and refers to the document referenced in the Preamble to this Declaration, together with all amendments and annexations thereto, adopted prior to adoption and recordation of this Declaration. Section 15. "Deed of Trust' or "Trust Deed" means a first mortgage or a first Deed of Trust, as the case may be. Section 16. "Development' means all parcels ofreal property (Common Area and Lots described and identified in Recital "A" hereof, together with all buildings, structures, utilities, Common Facilities, and all other Improvements now located or hereafter constructed or installed thereon, and all appurtenances thereto. Section 17. "Governing Documents" is a collective term that means and refers to this Declaration and to the Articles, the Bylaws and the Association Rules. Section 18. "Lot' means any parcel of real property designated by a number on the Subdivision Map for any portion of the Development, excluding the Common Area. When appropriate within the context of this Declaration, the term "Lot' shall also include the Residence and other Improvements constructed or to be'constructed on a Lot. For purposes of this Declaration, "Lot' does not exclude the parcel on which the tax assessment is based. 11111111 AI . �,'W° Section 19.' "Member" means everyperson or entity who holds a membership in the Association and whose rights as a Member are not suspended pursuant to Article III, Section 1 hereof. Section 20. "Mortgage" means any security device encumbering all or any portion of the Development, including any Deed of Trust. "First Mortgagee" shall refer to the beneficiary of, or the holder of a Note secured by a first Deed of Trust (Trust Deed) or, as the case may be, the . mortgagee under a first mortgage, and/or the assignee of such beneficiary, holder or mortgagee. Section 21. "Owner" means any person, firm, corporation or other entity which owns a fee simple interest in a Lot. The term "Owner" shall include, except where the context otherwise requires, the family, guests, tenants and invitees of an Owner. The term Owner shall not include persons or entities who hold an interest in a Lot merely as security for the performance of an obligation or as a contract purchaser. Section 22. "Owner of Record" and "Member of the Association' includes an Owner and means any person, firm, corporation or other entity in which title to a Lot is vested as shown by the official records of the Office of the County Recorder. Section 23. "Regular Assessment" means an assessment levied against an Owner and his or her Lot in accordance with Article V, Section 3, hereof. Section 24. "Reimbursement Assessment" means an assessment levied on an Owner and his or her Lot in accordance with Article V, Section 5 hereof. Section 25. "Residence" means a private, single family'dwelling constructed on a Lot. Section 26. "Single Family Residential Use" means occupancy and use of a Residence for single family dwelling purposes in conformity with this Declaration and the requirements imposed by applicable zoning or other applicable laws or governmental regulations limiting the number of persons who may occupy single family residential dwellings. Section 27. "Special Assessment" means an Assessment levied on an Owner and his or her Lot in accordance with Article V, Section 4 hereof. ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION Section 1. Membership. Owners, by virtue of their ownership of a Lot shall be a Member of the Association and shall be entitled to vote on all matters upon which members of the Association are entitled to vote pursuant to the Declaration and in accordance with the Articles and -Bylaws which are incorporated herein. Ownership of a Lot or interest therein shall be the sole qualification for and entitlement to membership in the Association. Each Owner shall remain a member of the Association until such time as his ownership or ownership interest in all Lots in the development ceases for any reason, at which time his or her membership in the Association shall automatically cease. A member is not intended to include persons or entities who hold an interest in a Lot merely unuiuumiwuiii�uiAiNiurm�iim n�16 =m- as security for performance of an obligation; nor is a member intended to include contract purchasers. Section 2. One Class of Membership. The Association shall have one class ofinembership and the rights, duties, obligations and privileges of the Members shall be as set forth in the Governing Documents. Section 3. Voting. Subject to the provisions of the Governing Documents, each Owner shall be entitled to one (1) vote for each Lot in which he or she holds the interest required for membership and each Lot is allocated a vote equal to each other Lot's vote. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Each Owner is obligated promptly, fully and faithfully to comply with and conform to the Articles, this Declaration, the Bylaws and the Rules and Regulations adopted thereunder from time to time by the Board. Section 4. Transfer. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Lot to which it is appurtenant, and then only to the purchaser. The transfer of title to a Lot or the sale of a Lot and transfer of possession thereof to the purchaser shall automatically transfer the membership appurtenant to such Lot to the transferee. Any attempt to make a prohibited transfer is void, and will not be reflected upon the books and records of the Association. In the event an Owner should fail or refuse to transfer the membership registered in his or her name to the purchaser of such Lot, the Association shall have the right to record the transfer upon the books of the Association. Section 5. Joint Owner Disputes. The vote for each Lot shall be cast as a single vote, and fractional votes shall not be allowed.- In the event that joint Owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner casts a vote representing.a certain Lot, it will thereafter be conclusively presumed for all purposes that he or they were acting with the authority and consent of all other. Owners of the same Lot. ARTICLE III PROPERTY RIGHTS AND OBLIGATIONS OF OWNERS Secti n 1. Owners' Nonexclusive Easements of Enjoyment. Every Member shall have a nonexclusive easement for use and enjoyment in and to the Common Areas within the Development. Such right shall be appurtenant to and shall pass with the ownership of a Lot, subject to all of the easements, covenants, conditions, restrictions and other provisions contained in this Declaration, including, without limitation, the following provisions: (A) The right of the Association to limit the number of guests of Members. (B) The right ofthe Association to establish reasonable Rules and Regulations pertaining to the use of the Common Area. IIIIII NI� e�'m:;"- 0 • (C) The right of the Association to temporarily suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessments remain unpaid. In addition, the Association may suspend a Member's right to use the recreational facilities for any infraction of this Declaration, the Bylaws and/or the published Rules and Regulations by that Member, his or her lessees, or guests. Any action to suspend a Member's right shall only be valid after a hearing by the Board, in accordance with the provisions of the Bylaws and Section 1363(h) of the California Civil Code. Any suspension of use privileges may not exceed a period of thirty (30) days for any one violation. (D) Subject to the limitations set forth in Article VIII, Section 3, of the Bylaws, the right of the Association to grant easements on, over and under the Common Area to public utilities or governmental entities or agencies; provided that such easement shall not unreasonably interfere with the right of any Owner to the use and enjoy of his or her Lot and the Common Area. (E) The right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure. (F) Subject to the limitations set forth in the Association's Bylaws, the right of the Association to borrow money for the purpose of improving the Development or any other purpose reasonably related to fulfill the Association's obligations under the Governing Documents. Section 2. Persons Subject to Governing Documents. All present and future Owners, tenants and occupants of Residences within the Development shall be subject to, and shall comply with, each and every provision of the Governing Documents, as the same or any of them shall be amended from time to time, unless a particular provision is specifically restricted in its application to one or more of such classes of persons (i.e., Owners, tenants, invitees, etc.). The acceptance of a deed to any Lot, the entering into a lease, sublease or contract of sale with respect to any Lot, or the occupancy of any Residence shall constitute the consent and agreement of such Owner, tenant or occupant that each and. all of the provisions of this. Declaration, as the same or any of them may be amended from time to time, shall be binding upon said person and that said person will observe and comply with the Governing Documents. Section . Waiver 'of Use. No Member may exempt himself or herself from personal liability for assessments duly levied by the Association, nor release the Lot owned by him or her from the liens, charges and other provisions of this Declaration, the Articles, Bylaws and Rules and Regulations, by waiver of the use and enjoyment of the Common Area or the abandonment of his or her Lot. Section 4. Obligations of Owners. Owners of Lots within the Development shall be subject to the following: (A) Owner's Duty to Notify Association of Tenants and Contract Purchasers. Each Owner shall notify the Secretary of the Association or the Association's property manager, if any, of the names of any contract purchaser or tenant of the Owner's Lot. Each Owner, contract purchaser or tenant shall also notify the Secretary of the Association of the names of all persons to whom .such Owner, contract purchaser or tenant has delegated any rights to use and enjoy the I�YIIIIIINIWIIIIINIIYIIII�II�II� a+" �°: Development and the relationship that each such person bears to the Owner, contract purchaser or tenant. (B) Contract Purchaser. A contract seller of a Lot must delegate his or her voting rights as a Member of the Association and seller's right to use and enjoy the Common Area and Common Facilities to any contract purchaser in possession of the property subject to the contract of sale. Notwithstanding the foregoing, the contract seller shall remain liable for any default in the payment of Assessments by the contract purchaser until title to the property sold has been transferred to the purchaser. (C) Pavment of Assessments and Compliance With Rules. Each Owner shall pay when due each Regular, Special and Reimbursement Assessment levied against the Owner and his or her Lot and shall observe, comply with and abide by any and all rules and regulations set forth in, or promulgated by the Association pursuant to any Governing Document for the purpose of protecting the interests of all Owners or protecting the Common Area and Common Facilities. (D) Discharge of Assessment Liens. Each Owner shall promptly discharge any Assessment lien that may hereafter become a charge against his or her Lot. (E) Joint Ownership of Lots. In the event of joint ownership of any Lot, the obligations and liabilities of the multiple Owners under the Governing Documents shall be joint and several. Without limiting the foregoing, this subparagraph shall apply to all obligations, duties and responsibilities of Owners as set forth in this Declaration, including, without limitation, the payment of all Assessments. (F) - Prohibition on Avoidance of Obligations. No Owner, by non-use of the Common Area or Common Facilities, abandonment of the Owner's Lot or otherwise may avoid the burdens and obligations imposed on such Owner by the Governing Documents, including, without limitation, the payment of Assessments levied against the Owner and hi s or her Lot pursuant to this Declaration. (G) Termination of Obligations. Upon the conveyance, sale, assignment or other transfer of a Lot to a new Owner, the transferor -Owner shall not be liable for any Assessments due after the date of recording of the deed evidencing said transfer and, upon such recording, all. Association membership rights possessed by the transferor by virtue of the ownership of said Lot shall cease. Section S. Delegation of Use. Any Owner may delegate his rights of enjoyment in the Development, including the Common Area, to the members of his family, his guests, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules and Regulations, subject, however to the said Bylaws and said Association Rules and Regulations; provided, however, that neither an Owner of a Lot who has sold same to a contract purchaser thereof or has leased or rented same, nor members of his family, his guests and invitees shall be entitled to use and enjoy the Common Area while such Owner's Lot is occupied by such contract purchaser, lessee or renter, but, instead, such contract purchaser, lessee or renter, while occupying such Lot, shall be entitled to use and enjoy the Common Area and to delegate the rights of enjoyment in the same manner as if such contract purchaser, lessee or renter were the Owner of such Lot during the period of his occupancy thereof. Each Owner shall notify the secretary of the Association of the -7- 13 �'�'°of"�- names of any contract purchasers, lessees or renters of such Owner's Lot. Each Owner, contract purchaser, lessee or renter shall also notify the secretary of the Association of the names of all persons to whom such Owner, contract purchaser, lessee or renter has delegated any rights of enjoyment in the development and the relationship which each such person bears to such Owner, contract purchaser, lessee or renter. Any rights of enjoyment delegated pursuant hereto are subject to suspension to the same extent that rights of the Owners are subject thereto. Section 6. Owner's Obligation for Taxes. Each Owner shall be obligated to pay any taxes or assessments assessed by the County Assessor of said County against his Lot and against his personal property. ARTICLE IV POWER AND DUTIES OF THE ASSOCIATION Section 1. Management and Control. The Association, through its Board, except as otherwise provided herein, shall have the obligation, sole authority, and duty to manage, make decisions, operate, control, repair, replace or restore all of the Common Area, or any portion thereof, together with the improvements and landscape thereon, all as more fully set forth in this Declaration, the Articles and the Bylaws. (A) In the event the Board shall determine that any portion of the Development required to be maintained by the Association has been damaged or destroyed by any negligent or malicious act or omissiori of any Owner, his or her guests, tenants, servants, agents or licensees, such Owner shall be responsible for the cost of repairing the damage. In the event that the Owner fails to pay the cost for the repairs, then the Association shall make such repairs or replacements and the cost thereof shall be levied against such Owner as a Reimbursement Assessment. (B) Subject to the provisions of the Governing Documents and California law, the Board shall have the right to adopt reasonable Rules and Regulations and to amend the same from time to time relating to the use of the Common Area and Lots, and all other facilities situated thereon by Owners and by their tenants or guests, and the conduct of such persons with respect to vehicle parking, outside storage, disposal of waste materials, drying of laundry, control of pets and other activities reasonably contemplated under the Association's Governing Documents. At least thirty (30) days prior to adopting, amending or repealing rules that relate to use of the Common Area, Lots, member discipline (including monetary penalties for violation of the governing documents), delinquent assessment payment plans, and procedures regarding resolution of assessment disputes, the Board shall provide the Members with written notice of the proposed Rule change. This notice shall include the text of the proposed rule change and a description of the purpose and effect of such proposed rule change. The Rules and Regulations may be amended only by the vote of a majority of the entire Board at a duly held meeting after consideration of any comments made by Association members. Within fifteen (15) days after making any rule change, the Board shall deliver notice of the rule change to every Member. The Members may call a special meeting to reverse a rule change as set forth in Civil Code Section 1357.140.. a . 0 The requirement that members be sent notice ofproposed rule changes does not apply to any rule change that the Board determines is necessary to address an imminent threat to public health or safety or imminent risk of substantial economic loss to the Association. The Rules and Regulations shall be binding upon the Owners and occupants of the Lots, and their guests, and shall be enforceable to the same extent as if they were specifically set forth as provisions in this Declaration. A copy of such Rules and Regulations shall be: (i) Maintained in the office of the Association and be available for inspection at all reasonable times; and (ii) Given to each Owner within a reasonable time after the Association has notice of his or her occupancy of a Lot. Section 2. Powers and Responsibilities of the Board. (A) Enforcement Power. As more specifically set forth in Article XVII ofthis Declaration, the Board shall enforce use restrictions, Declaration and Bylaw provisions, and Rules and Regulations by the imposition of reasonable monetary fines,. Reimbursement Assessments, and suspension of use of Common Facilities and voting privileges. These powers, however, shall not be construed as limiting any other legal means of enforcing the use restrictions.or Rules and Regulations of the Association. (B) Subject to limitations set forth in the Bylaws, the Board may grant permits, licenses, utility easements, and other easements, permits, or licenses necessary for the proper maintenance or operation of the Development under, through, or over the common elements, as may be reasonably necessary to or desirable for the ongoing development and operation of the Development. (C) As more specifically set forth in Article IX of this Declaration, the Board shall maintain and otherwise manage all of the Common Area and facilities, including all recreational facilities, improvements and landscaping thereon, and all property subsequently acquired by the Association. (D) The Board may pay real or personal property taxes or other charges assessed against the Common Area. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted to the sale or the disposition of any property to satisfy the payment of such taxes. (E) The Board shall acquire, provide and/or pay for water, sewer, garbage disposal, gas, electrical, refuse and rubbish collection, telephone, cable and gardening service and other necessary utility services for the Common Area, and make these and such other utilities as the Board may determine, available to all Residences if and when the Lots are not separately billed therefor. (F) Subject to the limitations set forth in the Bylaws, the Board may borrow money for the purposes of improvement or restoration of the Common Area and facilities thereon. 2885-8400682 �► i (G) The Board may suspend the voting rights and right to use the recreational facilities located on the Common Area of a Member who is in default in their payment of any assessment or for any infraction of its published Governing Documents, including published Rules and Regulations, after reasonable written notice and an opportunity for a hearing before the Board, as set forth in California Civil Code Section 1363(h). (H) The Board shall secure and maintain policies ofinsurance, as provided in Article XIV herein. (1) The Association acting by and through the Board shall have the authority to delegate its powers, duties and responsibilities to committees or employees, including a professional managing agent (sometimes hereinafter referred to as "manager"). Q) The Association may enter into contracts or arrangements for services or materials for the benefit of or improvement of the Common Area, provided, however, that the term of any such service contract shall not exceed one (1) year and the aggregate expenditures for capital improvements to the Common Area in any fiscal year shall not exceed five percent (5%)of the budgeted gross expenses of the Association for that fiscal year without obtaining approval of the membership as set forth in the Bylaws. Notwithstanding the foregoing, the above -described limitation on the term of any contract shall not apply to (i) a contract with a public utility company if the rate charged for the materials or services is regulated by the Public Utilities commission so long as the term thereof does not exceed the shortest term for which the supplier will contract at the regulated rate, or (ii) a prepaid casualty and/or liability policy of not to exceed three (3) years duration provided such policy permits short rate cancellation by the insured. (K) The Association may sell property owned by it; however, no such sale shall take place unless such action is approved by the membership as set forth in the Bylaws. Section 3. Right of Entry. For the purpose of maintaining the Common Area or for any other purpose reasonably related to the performance by the Board of its responsibilities under the Declaration, the Association's officers, agents or employees shall have the right, after reasonable notice to Owner(s), to enter any Lot, but not the Residence, at reasonable hours and after reasonable notice to the Owner of the Lot. Section 4. Limitation of Liability. In discharging their duties and responsibilities, the Board, Committee Members and Officers act on behalf of and as representative of the Association, which acts on behalf of and as representative of the Owners, and no Member of the Board of Directors shall be individually or personally liable or obligated for performance or failure of performance of such duties or responsibilities unless he or she fails to act in good faith. _10- 11111111111111111111111111111111111111111111111111111111 •�=�:a="- 0 11 ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION Section 1. Assessments Generally. (A) Purpose of Assessment. The assessments for common expenses provided for herein shall be used for the general purpose of the preservation and proper operation of the Development and for promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and/or occupants of Lots in the Development as may be more specifically recommended from time to time by the Board. (B) No Avoidance of Assessment Obligations. No Owner may exempt himself or herself from personal liability for assessments duly levied by the Association, nor release the Lot or other property owned by him or her from the liens an discharges hereof, by waiver of the use and enjoyment of the Common Area or any facilities thereon, by abandonment or non-use of his or her Lot or any other portion of the Development, by any alleged failure by the Association to perform services, or for any other reasons. Section 2. Creation of Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed or conveyance, is deemed to covenant and agree to pay the Association: (a) annual regular assessments or charges; (b) Special Assessments, to be established and collected as hereinafter provided; and (c) Reimbursement Assessments against any particular Lot which are established pursuant to the terms of the Association's Governing Documents. (A) All such assessments, together with late charges, interest, costs, and all attorney's fees reasonably incurred, as provided in this Declaration and in the maximum amount permitted by the laws of the State of California, whichever is greater, shall be a charge on the Lot and shall be a con- tinuing lien upon the Lot against which each assessment is made. Such amounts shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. In the event more than one person or entity was the owner of a Lot, the personal obligation to pay such assessment, or installment thereof, shall be joint and several. (B) Assessments shall be paid on a monthly basis on the first day of each month or in such manner and on such dates as may be fixed by the Board. (C) The personal obligation for delinquent assessments, or delinquent installments, thereof, and such other sums, shall not pass to an Owner's bona fide and for value successors in title unless expressly assumed by them. (D) Any assessment not paid within fifteen (15) days after the date due shall bear interest from the date due at the rate provided for in the Association's Governing Documents or California law, whichever is greater. Po . 0 0 Section 3. Regular Assessments. (A) Preparation ofAnnual Budget: Establishment of Regular Assessments. Not less than 45 nor more than 60 days prior to the beginning of the Association's fiscal year, the Board shall estimate the total amount required to fund the Association's anticipated Common Expenses for the next succeeding fiscal year (including additions to any reserve fund established to defray the costs of future repairs, replacement or additions to the Common Facilities) by preparing and distributing to all Association Members a budget satisfying the requirements of Article XII of the Bylaws. If the Board fails to distribute the budget for any fiscal year within the time period provided for in this section, the Board shall not be permitted to increase Regular Assessments for that fiscal year unless the Board first obtains the approval of Owners, constituting a quorum, casting a majority ofthe votes at a meeting or election of the Association conducted in accordance with the Bylaws. For purposes of this section, "quorum" shall constitute a majority of Owners. (B) Establishment of Regular Assessment by Board or Membership Approval Requirements. The total annual expenses estimated in the Association's budget (less projected income from sources other than assessments) shall become the aggregate Regular Assessment for the next succeeding fiscal year, provided that, except as provided in subparagraph (A) above, and subparagraph (C) below, the Board of Directors may not impose a Regular Assessment that is more than twenty percent (20%) greater than the Regular Assessment for the Association's immediately preceding fiscal year without the vote or written assent of Members, constituting a quorum, casting a majority of the votes at a meeting or election of the Association. (i) Prior to raising regular assessments at anytime during the fiscal year without membership approval, up to the twenty percent (20%) limitation, the membership shall be given thirty (30) days notice of such increase in regular assessments. (C) Assessments to Address Emergency Situations. The requirement of a membership vote to approve Regular Assessment increases in excess of twenty percent (20%) of the previous year's Regular Assessment shall not apply to assessment increases necessary to address emergency situations. For purposes of this subparagraph (C), an emergency situation is any of the following: 0, CD 11 LO o (i) An extraordinary expense required by an order of a court. mSo N _ ti (ii) An extraordinary expense necessary to repair or maintain the Common Areas, LO Common Facilities or anyportion ofthe separate interests which the Association is obligated to maintain where a threat to personal safety is discovered. (iii) An extraordinary expense necessaryto repair or maintain the Common Areas, Common Facilities or anyportion ofthe separate interests which the Association is obligated to maintain that could not have been reasonably foreseen by the Board in preparing and distributing the budget pursuant to subparagraph (A) above, provided that, prior to the imposition or collection of an assessment under this paragraph, the Board shall pass a C resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the i !_ -12- budgeting process. The Board's resolution shall be distributed to the Members together with the notice of assessment. (D) Failure to Make Estimate. If, for any reason, the Board of Directors fails to make an estimate of the Common Expenses for any fiscal year, then the Regular Assessment made for the preceding fiscal year, together with any Special Assessment made pursuant to Article V, Section 4 herein for that year, shall be assessed against each Owner and his or her Lot on account of the then current fiscal year and the Assessments shall be payable on the regular payment dates established by the Association. Section 4. Special Assessments. In addition to the Regular Assessments, authorized above, the Board may levy Special Assessments for the purpose of defraying, in whole or in part, the cost of any capital improvement to the Common Area or such other purpose as may be determined by the Board; provided, however, that no Special Assessment shall exceed, in the aggregate during any fiscal year of the Association, an amounCequal to five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, without the vote or written assent of members, constituting a quorum, casting a majority ofthe votes at any meeting or election of the Association. For purposes of this Section, "quorum" shall constitute a majority of Owners. All such Special Assessments shall be levied upon each Lot in the same proportion as regular assessments are levied. Section 5. Reimbursement Assessments. (A) Circumstances Giving Rise to ReimbuMement Assessments. In addition to the Special Assessments levied against all Owners in accordance with Section 4, above, the Board of Directors may impose Reimbursement Assessments against an Owner in any of the circumstances described, without limitation, in subparagraphs (1) through (3) below, provided that no Reimbursement Assessments may be imposed against an Owner pursuant to this Section 5 until the Owner has been afforded the notice and hearing rights to which the Owner is entitled pursuant to this Article, and, if appropriate, has been given a reasonable opportunity to comply voluntarily with the Association's Governing Documents. Subject to the foregoing, the acts and circumstances giving ti g rise to liability for Reimbursement Assessments include the following: ..n m mQ '^ (i) Damage to Common Area or Common Facilities. In the event that any damage to, or destruction of, any portion of the Common Area or the Common Facilities, n' n including any portion of the Lot which the Association is obligated to repair and maintain is caused by the willful misconduct or negligent act or omission of any Owner, any Member of his or her family, or any of his or her tenants, guests, servants, employees, licensees or invitees, the Board shall cause the same to be repaired or replaced, and all costs and expenses incurred in connection therewith (to the extent not compensated by insurance proceeds) shall be assessed and charged solely to and against such Owner as a Reimbursement Assessment. r + (ii) Expenses Incurred in Gaining Membership Compliance. In the event that the Association incurs any costs or expenses, to accomplish (a) the payment of delinquent Assessments, (b) any repair, maintenance or replacement to any portion of the Development that the Owner is responsible to maintain under the Governing Documents but has failed to undertake or complete in a timely fashion, or (c) to otherwise bring the Owner and/or his or i -13- 17J C� her Lot into compliance with any provision of the Governing Documents, the amount incurred by the Association (including reasonable attorneys fees, title company fees, accounting fees, and court costs) shall be assessed and charged solely to and against such Owner as a Reimbursement Assessment. (iii) Required Maintenance on Lots. As more particularly provided in Article DC, if any Lot is maintained so as to become a nuisance, fire or safety hazard for any.reason, including without limitation, the accumulation of trash, junk automobiles, or improper weed or vegetation control, the Association shall have the right to enter said Lot, correct the offensive or hazardous condition and recover the reasonable cost of such action through imposition of a Reimbursement Assessment against the offending Owner. (B) Lew of Reimbursement Assessment and Payment. Once a Reimbursement Assessment has been levied against an Owner for anyreason described, and subject to the conditions imposed herein, notice thereof shall be mailed to the affected Owner and the Reimbursement Assessment shall thereafter be due and payable in full to the Association within 30 days after the mailing of notice of the Assessment. Section 6. Notice/Certificate of Status. Written notice of an Assessment shall be given to every Owner subject thereto. Assessments may be collected on a monthly basis or otherwise as determined by the Board. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer or other agent of the Association setting forth whether the Assessments of a specified Lot have been paid. Section 7. Exemption of Certain of the Properties From Assessments. The following real property subject to this Declaration shall, unless devoted to use as a residential dwelling, be exempted from the Assessments and the lien thereof provided herein: (A) Any portion of the Development dedicated and accepted by a local public authority; (B) The Common Area and Common Facilities; (C) Any Lot owned by the Association. Section 8. Remedies of the Association for Non -Payment of Assessments. The Association shall have the power to impose Assessments as provided in these Governing Documents. Such Assessments are the personal obligation of the Owner against whom they are assessed and are a lien against that Lot. The Association shall have the authority to create and enforce a lien with the power of sale on each separate Lot and all improvements thereon to secure payment of the amount of any Assessment, to the full extent permitted by applicable law. The obligation and the lien for Assessments may also include: a late or delinquency charge in the amount of ten dollars ($10.00) or ten percent (10%) of the amount of each Assessment or lump sum or installment payment of any Special Assessment or Reimbursement Assessment not paid when due, or such higher amount as maybe authorized by the laws of the State of California; interest on each Assessment or installment not paid when due and on any delinquency fee or late charge pertaining thereto from the date the charge was first due and payable at the rate of twelve percent (12%) per annum, or such higher rate 11111111111111111111111111111.,Y` M",=;- 0 as may be authorized by the laws of the State of California; the costs of collection, including court costs, the expenses of sale, any expense required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and the fair rental value of the Lot from the time of institution of suit until the sale at foreclosure or other satisfaction of any judgment. Section 9. Effect of Non -Payment of Assessments. As more particularly provided in California Civil Code Section 1367 or comparable superseding statute, at any time after any Assessments levied by the Association affecting any Lot have become delinquent, the Association may file for recording in the Office of the Riverside County Recorder a notice of delinquency as to such Lot, which notice shall state all amounts which have become delinquent with respect to such Lot and the costs (including attorney's fees) and interest which have accrued thereon, the amount of any Assessments relating to such Lot which are due and payable, although not delinquent, a description of the Lot with respect to which the delinquent Assessments are owed, and the name of the record or reputed record Owner of such Lot. Such notice shall be signed by the President or other officer of the Board, or by a majority of the Members of the Board, or by the Association's attorney. Immediately upon the recording of any notice of delinquency pursuant to the foregoing provisions of this Section, the amounts delinquent, as set forth in such notice, together with the costs (including attorney's fees), penalties and interest accruing thereon, shall be and become a lien upon the Lot described therein, which lien shall also secure all other payments and/or Assessments which shall become due and payable with respect to said Lot following such recording, and all costs (including attorney's fees), penalties and interest accruing thereon. Said lien shall continue until all amounts secured thereby are fully paid or otherwise satisfied. In the event the delinquent Assessments and all other Assessments which have become due and' payable with respect to the same Lot, together with all costs (including attorney's fees) and interest which have accrued on such amounts, are fully paid or otherwise satisfied prior to the completion of any sale held to foreclose the lien provided for in this Article, the Board shall record a further ,NJ 2 a notice, similarly signed, stating the satisfaction and releasing of such lien. CO mo Section 10. Foreclosure of Assessment Lien. Each Assessment lien maybe foreclosed upon as GO � N and in the same manner as the foreclosure of a mortgage upon real property under the laws of the "' m State of California, or may be enforced by sale pursuant to California Civil Code Section 2924 and following and Section 1356 of the California Civil Code, and to that end a power of sale is hereby conferred upon the Association. C Section 11. Sub ordination of Lien. The lien of the Assessments provided for herein shall be subordinate to the lien of any first Mortgage of record made in good faith and for value upon any Lot, provided that such subordination shall apply only to the assessments which have become due and payable prior to the transfer of such property pursuant to the exercise of a power of sale or a judicial foreclosure involving a default under such first Mortgage. Otherwise, sale or transfer of any Lot shall not affect the assessment lien. Section 12.. Waiver of Exemptions. Each Owner does hereby waive, to the extent of any liens O created pursuant to this Article, the benefit of any homestead or exemption laws of the State of —. _ -15- California in effect at the time any Assessment, or installment thereof, becomes delinquent or any lien is imposed pursuant to the terms hereof. Section 13. Certificate of Payment. Upon demand in writing, the Association shall furnish to any Owner liable for Regular or Special Assessments a certificate in writing signed by an officer of the Association, or any duly appointed representative, setting forth whether said Assessments or any portion thereof have been paid. Such certificate shall be conclusive evidence of payment of any Assessments or portion thereof therein stated to have been paid. A reasonable charge may be made by the Board, or its duly appointed representative, for the issuance of any such certificate. Section 14. _Uniform Rate of Assessments. Except as otherwise specifically provided herein, Regular and Special Assessments, other than Reimbursement Assessments, must be fixed at a uniform rate for all Lots. Section 15. No Offsets. No offsets against any assessments will be permitted for any reasons, including, without limitation, a claim that the Association is not properly exercising its duties. ARTICLE VI USE RESTRICTIONS Section 1. Occupancy. Use restrictions regarding the use of Lots and the Common Areas may be adopted by the Board in accordance with the terms hereof and as specified in the Bylaws of the Association, and are as follows: (A) Single Families. The Residences within the Development are restricted exclusively to residential use, and no Residence shall be occupied by more than a single family. This single family occupancy restriction shall not apply to require the removal of any person occupying a Residence on the date on which this Declaration is recorded in the Office of the Riverside County Recorder. � in o (B) Residential Use. Each Residence shall be used for residential purposes only. No trade LQ or business of any kind may be conducted in or from a Residence or any part of the Lot, including ti :z business uses, secondary to a primary residential use, which has a material impact on the Common Area. For purposes of this Section, the term "material impact" shall include, but not be limited to, any increase in traffic or noise affecting the Common Area. The terms "business" and "trade", as used in this provision, shall be construed to have their ordinary or generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an on -going basis =� which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. (C) ssee/Tenant Bound by Govcgning Documents. Each Owner shall have the right to lease his or her Lot and interest in the Common Area together, provided that such lease is in writing -16- 0 • and provides that the tenant shall be bound by and obligated to the provisions of this Declaration, the Bylaws and the rules and regulations of the Board; provided, however, that no such lease shall be for transient or hotel purposes. Any such lease which is either for a period of less than thirty (30) days or pursuant to which the Lessor provides any services normally associated with a hotel shall be deemed to be for transient or hotel purposes. See Article VIII herein for the rights and obligations of Owners with respect to leasing of Lots. (D) No camping, whether temporary or permanent, and no temporary structures of any kind shall be permitted on any Lot. Section 2. Subdivision of Lots and Structures. No Lot maybe subdivided into a smaller Lot, except as approved by the Board, and no Lot Owner shall erect or use any structure(s) of a temporary character, including but not limited to trailer, tent, shack, carport, garage, barn, or other outbuilding on any portion of the Lot at any time, either temporarily or permanently, except as approved by the Board. Section 3. pgts. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any part of the Development, except that no more than a reasonable number of pets, as determined by the Board, may be kept by their respective Owners in their respective Residences, provided that they are not kept, bred, or maintained for any commercial purpose and do not endanger the health or unreasonably disturb the Owner of any Lot or any resident thereof or create a nuisance. No pet, regardless of size or type, shall be permitted to be kept within any portion of the Development property if it makes excessive noise or otherwise constitutes an unreasonable annoyance or danger to other Owners or residents. No pet enclosures shall be erected, placed, or permitted to remain on any property subject to this Declaration, except as approved by the Board. The keeping of pets and their ingress, egress, and travel upon the Common Area shall be subject to such Rules and Regulations as maybe issued by the Board. If an Owner or occupant fails to abide by the Rules and Regulations and/or covenants applicable to pets, the Board may restrict or bar the pet(s) of the Owner or occupant from use of,' or travel upon, the Common Areas. Each Owner must immediately clean N is up after their pet. Pets shall be allowed on the Common Area only when they are leashed and are otherwise under the supervision and restraint of their Owners. ig wN Section 4. ' Signs. Flags and Banners. co n (A) Commercial Signs. Except as may be required by legal proceedings or authorized by the Association's Rules, no commercial signs, billboards, real estate flags or advertising of anykind shall be maintained or permitted .on any portion of the Development without the prior written +i approval of the Board, except for one "For Sale" or "For Rent" sign per Lot, not larger than 18 by 24„ (B) Non -Commercial Signs. Non-commercial signs that are nine (9) square feet or less maybe posted or displayed from the yard, window, door, balcony, or outside walls of the Residences and must be, made of paper, cardboard, cloth, plastic, or fabric. No signs will be allowed that consist of lights, roofing, siding, paving materials, flora or balloons, or any similar building, landscaping, or decorative component, including the painting of architectural surfaces. i ~� -17- Non-commercial flags, or banners that are fifteen (15) square feet or less may be posted or displayed from the yard, window, door, balcony, or outside walls of a Residence. These flags or banners can only be made of may be made of paper, cardboard, cloth, plastic, or fabric and may not consist of lights, roofing, siding, paving materials, flora or balloons, or any similar building, landscaping, or decorative component, including the painting of architectural surfaces. (C) Common Area. No signs shall be erected or displayed on the Common Area, except signs placed by authority of the Board. The Board, on behalf of the Association, shall have the right to erect reasonable and appropriate signs on the Common Areas. Flagpoles are not permitted to be installed in the ground in the Common Areas. Section 5. Antennas and Similar Devices. No Owner may install a video or television antenna or satellite dish which has a diameter or diagonal measurement of greater than one (1) meter in diameter. Owners may install a video or television°antenna, including a satellite dish, that has a diameter or diagonal measurement of one (1) meter or less in diameter in accordance with the procedures adopted by the Board of Directors. These procedures may require reasonable screening, establish preferred locations, and impose other restrictions as permitted by applicable federal and state law, provided they do not preclude an acceptable signal or unreasonably increase the cost or cause unreasonable delay in the installation of same. These restrictions are subject to change based on federal and state law. Section 6. Vehicles and Parkin The following parking and vehicle restrictions shall apply within the Development: (A) Vehicles shall be parked in designated areas'so as not to obstruct free traffic flow, constitute a nuisance, violate the Rules and Regulations, or otherwise create a safety hazard. (B) Recreational vehicles, boats, motor homes, trailers, commercial vehicles, or any other special vehicles are not permitted to be parked in any area of the Development except as set forth g in the Association's Rules and Regulations. 0n s GD tn `s (C) The Board shall have the authority to tow at the Owner's expense, any vehicle parked %N or stored in violation of this section, or the Rules and Regulations. The Board shall post such notices ti � or signs within the Development as may be required by law to effectuate this towing provision. m (D) The Board may adopt further reasonable rules and regulations regarding parking. (E) No Owner shall store or allow. to remain within the Development any inoperable or unregistered vehicle. (F) All Owners shall have and keep in force, at their own expense, property damage insurance on their automobiles. (G) No. Owner nor any member of his family, nor any of his guests, tenants, agents, licensees or employees, shall park, cause to be parked, left or abandoned, any vehicle in such a -187- manner as to impede or prevent ready ingress, egress or passage to, from, over, across or through any part of the driveways within the Development. (H) Guests using parking spaces shall be limited to such periods as the Board may authorize from time to time. Section 7. Garages. No garage doors shall be permitted to remain open except for a temporary purpose. The Board shall have the power to make reasonable rules regarding the use of and storage in garages. For purposes of this section, "temporary purpose" shall be defined as permitting reasonable work to be performed in the garage during normal daytime/evening hours. Section 8. Impairment of Lots and Easements. No Owner or occupant shall perform nor commence any work that will impair the structural soundness or integrity of another Lot, Common Area or impair any easement, nor do any act nor allow any condition to exist which will adversely affect the other Lots or their Owners or occupants. Section 9. Rubbish. Trash, and Garbaee. All rubbish, trash and garbage shall be removed no less than weekly from the Lot, and shall not be allowed to accumulate outside of any Residence and/or upon any Lot. No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the development property. If a residence is in the process of construction on any Lot, a dumpster must be placed on the Lot and dumped regularly. Trash containers shall, in any event, only be placed in locations approved by the Architectural Committee. Trash cans and trash shall be stored out of view when it is not trash pick-up day. Section 10. Nuisance. No noxious, illegal, or materially'offensive activities shall be carried out or conducted upon any Lot or Common Area or in any part of the Development, nor shall anything be done within the Development which shall unreasonably interfere with any other resident's right to quiet enjoyment. No Owner or occupant of a Residence may use or allow the use ofthe Residence or any portion of the Lot in any way or for any purpose which may endanger the health or unreasonably annoy or disturb other Owners or occupants of a portion of the Lot; or in such a way n, m as to constitute, in the sole opinion of the Board, a nuisance. Nothing herein, however, shall be oconstrued to affect the rights of an aggrieved owner to proceed individually for relief from ,n interference with his or her property or personal rights. i j `N m �, "' m Nothing shall be done on any Lot or in any Residence or in, on, or to the Common Area which may impair the structural integrity of any building, or which would structurally change any building located therein. Except as otherwise provided herein, nothing shall be altered or constructed in or p removed from the Common Area except upon the written consent of the Board or an architectural committee appointed by the Board. Section 11. Unsightly or Unkempt Conditions. The pursuit of activities, including without limitations, the assembly and/or disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Lot nor on or within any part of the Development property. �, -19- 0 • Section 12. Dangerous Use of Lots. No Lot or improvement situated therein shall be occupied or used for any purpose or in any manner which shall cause such improvement to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy form, or cause any such policy or policies representing such insurance to be canceled or suspended, or the company issuing the same to refuse renewal thereof. Section 13. Responsibility for Damage to the Common Area. Each Owner shall be legally liable to the Association for all damages to the personal property owned by the Association and the Common Area or any area in which the Association has the maintenance obligation, including but not limited to the buildings, recreational facilities and landscaping caused by such Owner, his or her tenant, guest, licensee(s) or any occupant of such Owner's Lot. In the event, after written request by the Board, the Owner fails to pay the Association for the damage caused by the Owner, his or her, tenant, guest, licensee(s) or any occupant of such Owner's Lot as such liability may be determined under California law, the Board, by majority vote, may specially assess the Owner in the same manner and with the same remedies as previously described in these Governing Documents. Each Owner does further, by acceptance of this deed, agree for himself and for the members of his family, his contract purchasers, tenants, guests or invitees, to indemnify each and every other Owner and the Association, and to hold him or her harmless from, and to defend him or her against, any claim of any person or persons for personal injury or property damage occurring within the Lot of the indemnifying Owner. Section 14. Use of Common Area. Except as otherwise provided herein, the Common Area shall be improved and used only for the following purposes: (A) Affording vehicular passage and pedestrian movement within the Development property, including access to the Lots; (B) Recreational use by the Owners and occupants of Residences in the Development and cc their guests, subject to rules established by the Board; W,P,, m2a o (C) Beautification of the Common Area and providing privacy to the residents of the GO ti Development through landscaping and such other means as the Board shall deem appropriate; N (D) Parking of vehicles in areas provided therefor as maybe designated and approved by S the Board, upon such terms and conditions as may from time to time be determined by the Board; (E) No part of the Common Area shall be obstructed so as to interfere with the use for the purposes hereinabove permitted, nor shall any part of the Common Area be used for storage purposes (except as incidental to one of such permitted uses or for storage of maintenance equipment used exclusively to maintain the Common Area). (F) No Owner shall make any alteration or improvement to the Common Area, or remove any plants, structure, furnishings or other object therefrom, except with the prior written consent of the Board. The building, construction or placing by any Owner, or by the Board, or by any other person or persons, of any structure, hedge, fence, shrubbery or any obstruction of any kind or -20- character in such position as to encroach on any of such private roads or driveways as presently shown on said map, is prohibited. Each Owner shall be liable to the Association for all damage to the Common Area or to any improvements thereon or thereto, including, but not limited to, buildings, recreational facilities and landscaping, caused by such Owner or any guest or occupant of such Owner's Residence. Section 15. Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers. No window shall be covered with aluminum foil or similar material. The Board shall have the power to make reasonable rules regarding window coverings which are visible from the exterior of the Residence. Each Owner shall promptly repair any broken windows on the Residence. Section 16. Rules of Association. Each Owner and his or her lessee, licensees, residents, occupants or guests of a Residence shall comply with the provisions of this Declaration, the Bylaws, and the Rules and Regulations of the Association, which maybe amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds for an action to recover sums due, for damages, or for injunctive relief, or for any other remedy permitted by law or permitted by the terms of this Declaration. Section 17. No Exterior Clotheslines. No exterior clotheslines shall be erected or maintained and there shall be no outside drying or laundering of clothes on the property or on the patio, porch, windows or other areas of any Lot in a manner which is visible from any neighboring property or the Common Area. Section 18. Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Lot except such machinery or equipment as is usual or customary in connection with the use, maintenance or repair of a private Residence or appurtenant structures within the Development, or the reasonable pursuit of hobbies. Section 19. Diseases and Pests. No Owner shall permit any thing or condition to exist on her or her Lot which shall induce, breed, or harbor infectious plant diseases, rodents or noxious insects. Section 20. Activities Affecting Insurance. Nothing shall be done or kept on any Lot or within m N the Common Area which will increase the rate of insurance relating thereto on any policy maintained by the Association without the prior written consent of the Association and no Owner shall permit N anything to be done or kept on his or her Lot or within the Common Area which would cause any Improvements to be uninsurable against loss by fire or casualty or result in the cancellation of i insurance on any Resident or any part of the Common Area. r Section 21. Oil DrillingMater Wells. No oil drilling, oil development operations; oil refining, quarrying, or mining operations of any kind, shall be permitted upon or in the Development, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of the r Development. No derrick or other structures designed for use.in boring for water, oil or natural gas + shall be erected, maintained or permitted anywhere upon the Development. No well for the '! production of or from which there is produced water shall be operated on any Lot. -21 Section 22. Repair After Destruction. The Owner of a Residence that has been damaged or destroyed by fire or other calamity shall promptly and diligently cause such structure to be repaired or restored. This obligation shall not extend to the installation of furniture and the like; but is for the purpose of preventing unsightliness caused by such damage or destruction and any resultant health or safety problems to other Owners within the Development and to the public. Section 23. No Interference With Established Drainage Patterns. There shall be no interference with the established drainage pattern over any Lot so as to affect any other Residence, unless an adequate alternative provision is made for proper drainage which is first approved in writing by the Architectural Committee. For the purpose of this Section, "established drainage" is defined as the drainage which existed at the time the overall final grading of any Lot was completed or any later grading changes that are shown on plans approved by the Architectural. Committee, which may include drainage from the Common Area over any Lot. The Owner of each Lot will be responsible for reasonably maintaining any drainage control facilities located on his or her Lot ad shall otherwise be responsible for effecting proper drainage controls on his or her Lot. Section 24. Multiple Ownership Restrictions. Ownership of a Lot or Residence as tenants in common, joint tenants or any other form of multiple ownership by more than six (6) persons or entities is prohibited. ARTICLE VII ARCHITECTURAL CONTROL Section 1. Architectural Committee. The Board may appoint an Architectural Committee (the "Committee") which consists of at least three (3) members, none of whom shall be required to meet any particular qualifications, except that members appointed to the Committee by the Board shall be from the membership of the Association. The Board may act as the Committee. Section 2. Duties of the Committee. It shall be the duty of the Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof. Npp m y", fa � t„ I Section 3. Architectural Committee Approval of Improvements. Prior to commencing "'a. construction of any proposed modification or alteration to a Lot, including the Residence, that requires approval of the City, the Owner shall submit a description of the proposed modification to the Architectural Committee which shall include all permits or other form of approval obtained from the City. The Committee's responsibility shall solely be to verify that approval of the City has been obtained. The Board may adopt Architectural Guidelines to address the approval of all other modifications or "MOMalterations to a Lot that do not require prior approval of the City. r Section 4. Waiver. The approval by the Committee of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval. -22- Section 5. Liabilily. Neither the Committee nor any member thereof shall be liable to the Association, any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications, or (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications; provided that with respect to the liability of a member, such member has acted in good faith on the basis of actual knowledge possessed by him or her. Section 6. Completion of Improvements. Unless expressly extended in writing by the Board or Committee, all Improvements must be completed within one (1) year from the commencement of construction of any approved Improvement upon a Lot. Section 7. Inspection. Any member or agent of the Committee or Board may, from time to time, at any reasonable hour or hours and upon reasonable notice, enter and inspect any Lot (including any Residence) for the purpose of carrying out its duties herein. ARTICLE VIII LEASING OF LOTS Section 1. Definition. "Leasing," for purposes of this Declaration, is defined as regular, exclusive occupancy of a Residence by any person or persons other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service or gratuity. Section 2. Leasing Provision. All leasing at the Development shall be in writing and shall be governed by the following provisions: (A) Notice. For leases three (3) months or longer, at least fourteen (14) days after entering into the lease of a Lot, the Owner shall provide the Board with the name, telephone number and address of the lessee, the name, address and phone number of the Owner, and such other information as the Board may reasonably require. cr E t a (13) Liability for Assessments and Compliance With Declaration Bylaws and Rules and Regulations. Any leasing of a Lot shall contain the following language, and if such language is not � `N expressly contained therein, then such language is deemed to be and shall be incorporated into a Ln lease by existence of this covenant on the Lot. Any tenant, by occupancy of a Residence, agrees to the applicability of this covenant and incorporation of the following language and terms into the lease: (i) General. Lots may be leased only in their entirety; no fraction or portion may be leased. There shall be no subleasing of Lots or assignment of leases unless approved in •� writing by the Board. No transient tenants may be accommodated in a Residence. The s Owner must make available to the tenant copies of the Declaration, Bylaws, and the Rules WE and Regulations. (ii) Compliance with Declaration. Bylaws and Rules and Regulations. Lessee and Lessee's guests, residents, and occupants shall abide by and comply with all provisions of -23- the Declaration, Bylaws, and Rules and Regulations adopted, pursuant thereto, as they may be amended from time to time, and the violation of same shall constitute a default under their lease. If a tenant or an occupant violates the Declaration, Bylaws, or a Rule or Regulation for which a fine is imposed, such fine shall be the joint responsibility of the Owner and tenant. The Owners hereby delegate and assign to the Association, acting through the Board, the power and authority of enforcement against the tenant for breaches resulting from the violation of the Declaration, Bylaws and the Rules and Regulations adopted pursuant thereto, including the power and authority to evict the tenant on behalf of and for the benefit of the Owner under egregious circumstances. and after reasonable notice to the Owner, in accordance with the terms hereof. In the'event the Association proceeds to evict the tenant, any costs, including attorneys' fees and court costs, associated with the eviction shall be specially assessed against the Lot and the Owner(s) thereof, such being deemed hereby as an expense which benefits the leased Lot and the Owner(s) thereof. (iii) Use of Common Elements. The Owner transfers and assigns to the tenant, for the term of the lease, any and all rights and privileges that the Owner has to use the common elements, including, but not limited to, the use of any and all recreational facilities and other amenities. (C) Existing Leases. Leases existing on the effective date of this Declaration shall be permitted to continue in accordance with the terms of the Declaration as it existed prior to the effective date'of this Amended and Restated Declaration. However, any assignment, extension, renewal, or modification of any lease agreement, including, but not limited to, changes in the terms or duration of occupancy, shall be considered a termination of the old lease and commencement of a new lease which must comply with this Article. This Article shall not apply to any leasing transaction entered into by the holder of any first mortgage cc on a Residence who becomes the Owner of a Lot through foreclosure or any other means pursuant a to the satisfaction of the indebtedness secured by such mortgage. mw �00 An. N A ARTICLECD II'C CU 0 MAINTENANCE RESPONSIBILITIES MM Section 1. Association Maintenance Responsibilities. (A) Common Area. The Association shall be solely responsible for all maintenance, repair, upkeep and replacement within the Common Area, including, but not limited to the 0following: trees, hedges, plantings, lawns, shrubs, landscaping, fences, utilities, pipes, lines, lighting fixtures, swimming pool, spa, tennis court; restrooms, pool cabana, mailbox structure, gates, walls, streets, curbs, structures, buildings. No person other than the Association or its duly authorized agents shall construct, reconstruct, refinish, alter or maintain any Improvement upon, or shall create any excavation or fill or change the natural or existing drainage of any portion of the Common Area. In addition, no person shall remove any tree, shrub or other vegetation form, or plant any tree, shrub, -24- •. 0 or other vegetation upon the Common Area or the Common Facilities without express written approval of the Board or. Architectural Committee. (B) - The Association shall also be responsible for the maintenance, repair and replacement of all landscaping and irrigation on the Lots, trimming of trees, except palm trees and all other trees in excess of twelve (12) feet. Section 2. Owner Maintenance Responsibilities. Each Owner shall be responsible for the maintenance and repair of his or her Residence and Lot and shall maintain the same in a neat, orderly and attractive condition and in such a manner as to enhance its appearance. This obligation shall include, without limitation, the maintenance and repair of the foundation, roof, exterior building surfaces, doors, windows, and all plumbing, electrical, heating, air conditioning and other utility systems serving the Lot and located anywhere upon the Lot. Section 3. PaM Walls/Fences. (A) General Rules of Law to Apply. Each wall (including retaining walls) or fence located on the dividing line between the Lots shall constitute a "Party Wall", and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. (B) Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared by the Owners who make use of the wall in proportion to such use. (C) Destruction by Fire or Other Casualtx. If a Party Wall is destroyed or damaged by fire or other casualty, the Owners thereafter that make use of the wall, shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger'contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. cr l; Mee (D) Weatherp opr ofing. Notwithstanding any other provision ofthis Article, an Owner who m ° by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. <L 0 0 (E) Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. r Section 4. Failure of Owner to Carry Out Maintenance Responsibilities. In the event the Owner of a Lot fails to perform his or her maintenance responsibilities, the Board shall have the right, but not the obligation, through itself or its agents, to perform appropriate maintenance and/or �■ repairs at the expense of the Owner. In such event, in addition to other penalties and. disciplinary measures imposed by the Board, the Board may levy a Reimbursement Assessment against such Owner in the amount equal to all direct and indirect costs and expenses incurred by the Board in its performance of such maintenance and/or repairs. Any claim against the Board shall not constitute r r i -25- a defense or offset in any action of the Board for nonpayment of any amounts which may have been assessed hereunder. Section 5. Liability for Damage. Owners shall be responsible to the Association for repairs necessitated by the act(s) and/or negligence of the Owners, their licensees, residents, tenants or guests. The owner shall be liable for any damage or additional maintenance costs incurred as a result of Owner's unauthorized construction, erection or repair of the Common Area or areas of which the Association has the maintenance responsibility. At the discretion of the Board, damages incurred under this section may be a Reimbursement Assessment against the Owner's Lot. Section 6. Cooperative Maintenance Obligations. To the extent necessary or desirable to accomplish the Association's maintenance obligations hereunder, individual Owners shall cooperate with the Association and its agents and maintenance personnel in the prosecution of its work. ARTICLE X PARTITION Section 1, Partition. Each of the Owners of a Lot is prohibited from participating or in any other way severing or separating such Ownership from any of the other Ownerships in the Common Area, except upon a showing that: (A) More than three (3) years before the filing of the action, the Development was damaged or destroyed so that a material part was rendered unfit for its prior use, and the Development has not been rebuilt or repaired substantially to its state prior to its damage or destruction, or (B) That three -fourths (3/4) or more of the Development has been destroyed or It substantially damaged, and that Owners holding in aggregate more than fifty percent (50%) interest s o in the Common Area are opposed to repair or restoration of the Development, or (C) That the Development has been in existence in the excess of fifty (50) years, that it tn is obsolete and uneconomic, and that Owners holding in aggregate more than a fifty percent (50%) interest in the Common Area are opposed to repair or restoration of the Development; provided, however, that if any Lot shall be owned by two (2) or more co -tenants as tenants in common or as joint tenants, nothing herein shall be deemed to prevent a judicial partition by sale as between such co -tenants. Section 2. Power of Attorney. The Association is hereby granted a power of attorney to sell the Development for the benefit of all the Owners thereof when partition of the Owners's interest in said Development may be had pursuant to this Article. The power of attorney herein granted may be exercised upon the vote or written consent of Owners holding in the aggregate at least two-thirds (2/3) of the interest in the Common Area by any three (3) Members of the Board who are hereby g; -26- authorized to record a certificate of exercise in the Office of the Riverside County Recorder, which certificate shall be conclusive evidence thereof in favor. of any person relying thereon in good faith. The power of attorney is non-exclusive and does not prevent Owners from brining his or her own action if the right to do so arises as set forth in Section 1 of this Article. ARTICLE XI AMENDMENTS Section 1. General. This Declaration may be amended at any time and from time to time by the vote or written consent of a majority of the total voting power of the Association. Any amendments shall be effective upon the recording thereof with the Office of the. County Recorder of Riverside County, California. DES3:RUCTION OF IMPROVEMENTS Section 1. Insurance Proceeds Sufficient. In the event of damage to or the partial destruction of the improvements in the Development, and ifthe available proceeds of the insurance are sufficient to cover not less than eighty-five percent (850/6) of the cost of repair or reconstruction thereof, the damaged or destroyed improvements shall be promptly repaired and rebuilt unless, within ninety (90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Owners representing seventy-five percent (75%) of the total voting power of the Association determine that such repair and reconstruction shall not take place. Secidon 2. Insurance Proceeds Insufficient. Ifthe available proceeds ofsuch insurance are less than eighty-five percent (85%) of the cost of repair or reconstruction, such repair or reconstruction may nevertheless take place if, within ninety (90) days from the date of such damage or destruction, Owners representing a majority of the total voting power of the Association so elect at a duly EAmin 0' constituted meeting of the Association. If the Board is unable to obtain sufficient participation at N0" such meeting, the Board shall have the right to petition the Superior Court of Riverside County to allow it to rebuild without a majority approval of the Membership. Section 3. Assessments. If the Owners determine to rebuild, each Owner shall be obligated to contribute such funds as may be necessary to pay his or her proportionate share of the cost of construction, over and above the insurance proceeds, and the proportionate share of each Owner shall be the same as his or her proportionate share of regular and Special Assessments. In the event of the failure or refusal of any Owner to make his or her proportionate contribution, the Board may levy a special assessment against such Owner, and enforce such assessment as provided in Article V. �* Section 4. Failure to Rebuild. If a majority of the Owners do not agree to the repair or rebuilding of the Common Area, then each Owner (and his or her Mortgagee(s) as their respective interests shall then appear) shall be entitled to receive that portion of insurance proceeds equal to the proportion of the decrease in fair market value of his or her Lot as compared to the aggregate -27- decrease in fair market values of all the Lots caused by such damage or destruction. For purposes hereof, fair market value shall be determined by a qualified real estate appraiser selected by the Board and hired by and at the expense of the Association. Should a dispute arise as to the distribution of insurance proceeds, the dispute shall be decided by arbitration by the American Arbitration Association pursuant to its Commercial Rules of Arbitrations. Section 5. Contract Re Rebuilding. If rebuilding of the Common Area is to take place, the Board or its authorized representative shall obtain bids from at least two (2) reputable contractors, and shall award the repair and reconstruction work to the lowest qualified bidder. The Board shall have the authority to enter into a written contract with said contractor for such repair and reconstruction, and the insurance proceeds held by the trustee or the Association shall be disbursed to said contractor according to the terms of the agreement. It shall be the obligation of the Board to take all steps necessary to assure the commencement and completion of such repair and recon- struction at the earliest possible date if the same is authorized. Section 6. Minor Repair and Reconstruction, Notwithstanding the foregoing Sections of this Article, the Board shall have the duty to repair and reconstruct Common Area Improvements, without the consent of members and irrespective of the amount of available insurance proceeds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed ten -thousand dollars ($10;000.00). The Board is expressly empowered to levy a Special Assessment for the cost of the same to the extent insurance proceeds are unavailable therefor, such assessments to be levied as described in Section 3 of this Article. ►:y 4f IITiT1! �Tl DESTRUCTION OF LOT IMPROVEMENTS Section 1. Destruction. In the event of total or partial destruction of any of the improvements constructed on any Lot(s), the Owner(s) thereof shall reconstruct the same as soon as reasonably possible and substantially in accordance with the original plans and specifications therefor; provided, mN however, that said improvements shall be restored so that the exterior appearance thereof 0 a substantially resembles their appearance in form and color immediately prior to such destruction. N GO A Section 2. Variation. Notwithstanding the foregoing, the Owner of such damaged improvements may request permission from the Architectural Committee to reconstruct or repair such improvements in accordance with any new or changed plans and specifications established by the Architectural Committee and/or the Board of Directors. ARTICLE XIV INSURANCE Section 1.. Types of Insurance Cover ne. The Association shall obtain and continue in effect the following: -28- . (A) Fire and Casualty Insurance. A policy of fire and casualty insurance naming as parties insured the Association and any Mortgagee of the Common Area, and containing the standard extended coverage and replacement cost endorsements and such other or special endorsements as will afford protection and insure, for the full insurable, current replacement cost (excluding founda- tions and excavation, but without deduction for depreciation) as determined annually by the insurance carrier, all Common Facilities and the personal property of the Association for or against the following: (i) Loss or damage by fire or other risks covered by the standard coverage endorsement; (ii) Loss or damage from theft, vandalism or malicious mischief; (iii) Loss or damage caused by sprinkler leakage, windstorm, water damage and covering the cost of demolition and debris removal; and (iv) Such other risks, perils or coverage as the Board of Directors may determine. Such policy or the endorsement made a part thereof shall, to the extent available, provide that the insurer issuing the policy agrees to abide by the decision of the Association made in accordance with the provisions of Article XIII of this Declaration as to whether or not to repair, reconstruct or restore all or any damaged or destroyed portion of the Common Facilities. Unless at least two-thirds of the First Mortgagees (based upon one vote for each first Mortgage owned) or Owners have given their prior written approval, the Association shall not be entitled to fail to maintain the extended coverage fire and casualty insurance required by this Article on less than a one hundred percent (100%) current replacement cost basis. (B) General Liability for Full Extended Coverage. A policy of general liability for full g extended coverage, including, but not limited to, .vandalism, malicious mischief, public liabilitywith On a cross -liability endorsement, such coverage to include protection against water damage, liability for m0 non -owned and hired automobiles and liability.for property of others, and such other risks as are N customarily covered with respect to similar real estate developments in the Area of the Development C" z and as shall customarily be required by private institutional mortgage investors for projects similar in construction, location and use to the Development. The policy shall contain a "severability of interest" endorsement or the equivalent which shall preclude the insurer from denying the claim of ..� an Owner because of negligent acts or omissions of the Association or other Owners. The limits of such insurance shall not be less than $1,000,000.00 or whatever minimum is required by law for death or injuryto any one person and $1,000,000.00 or whatever minimum is required by law for C death or injury to more than one person in any one occurrence, and $500,000.00 or whatever .� minimum is required by law for property damage in any one occurrence or any amount greater as determined by the Board from time to time. (C) Fidelity Bond. A fidelity bond covering against dishonest acts on the part of directors, officers, employees, volunteers, trustees,. managers or any other persons who handle the funds of the Association. Such fidelity bond shall name the Association as obligee and shall be written in an amount equal to at least the estimated maximum of funds, including reserves in the custody of the Association or a management agent at any given time during the term of the bond. However, the bond shall not be less than a sum equal to three (3) months aggregate assessments on all Lots, plus reserve funds. The bond shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of"employee" or similar expression. (D) Directors and Officers Insurance. Covering errors and omissions for officers and directors, and if desirable, committee members of the Association in an amount of at least $500,000.00 per occurrence or whatever minimum is required by law. (E) Other Insurance. The Board maypurchase and maintain in force demolition insurance in adequate amounts to cover demolition in the event of total or partial destruction and a decision not to rebuild. The Board shall also purchase and maintain woAmen's compensation insurance, to the extent that the same shall be required by law, for all employees of the Development, and officers and directors errors and omissions insurance. The Board may also purchase and maintain insurance on personal property owned by the Association, and such other insurance, including plate -glass insurance as it deems necessary. The Board shall annually determine whether the amounts and types of insurance it has obtained provide adequate coverage for all Residences and Common Area in light of increased construction costs, inflation, practice in the area in which the Development is located or any other factor which tends to indicate that either additional insurance policies or increased coverage under existing policies are necessary or desirable to protect the interests of the Association and the Owners. If the Board determines .that increased coverage or additional insurance is appropriate, it shall obtain the same. All insurance obtained by the Association shall be in the name of the Association and shall be maintained at least for the benefit of the Association, the Owners and the Mortgagees as their interests may appear. As to each of the policies provided for in this Article, which will not be voided or impaired by the requirements of this Section, the Members and the Owners hereby waive and release all claims e against the Association, the Board and their agents and employees, with respect to any loss covered g o by such insurance, whether or not caused by negligence of or. breach of any agreement by said N ° persons, but only to the extent of insurance proceeds received in compensation for such loss. N 95 Section 2. Premiums. Proceeds and Settlement. Insurance premiums for any insurance coverage obtained by the Association pursuant to this Article shall be a common expense to be included in the monthly assessments levied by the Association. Insurance proceeds shall be used by NO the Association for the repair or replacement of the property for which the insurance was carried. The Association is hereby granted the authority to negotiate loss settlements with the appropriate insurance carriers. Any two (2) directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim and such signatures shall be binding on the Association and the Members. Section 3. Owner's Liability Insurance. Each Owner is responsible for maintaining whatever personal liability and property damages liability insurance that he or she desires with respect to his or her Lot and any other item that the Association is not obligated to maintain or repair. However, -30- any such policy shall include a waiver of subrogation clause acceptable by the Board and to any institutional First Mortgagee. No Owner can separately insure his or her Lot or any part of it against loss by fire or other casualty covered by the Association's blanket insurance carried under this Article. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable pursuant to the provisions of this Section that results from the existence of such other insurance will be chargeable to the Owner who acquired such insurance, and the Owner will be liable to the Association to the extent of any diminution. ARTICLE XV CONDEMNATION Section 1. Taking of a Lot. In the event of any taking of a Lot, by condemnation, eminent domain or any proceeding in lieu thereof, the Owner (and his or her Mortgagees as their interest may appear) of the Lot shall be entitled to receive the award for such taking and after acceptance thereof such Owner and his or her Mortgagee shall be divested of all further interests in the Lot property if such Owner shall vacate his or her Lot as a result of such taking. In such event said Owner shall grant his or her interest in the Common Area, if any, to the other Owners owning a fractional interest in the same Common Area, such grant to be in proportion to the fractional interest in the Common Area then owned by each. Section 2. Taking of Common Area. If any portion of the Common Area is taken by condemnation, eminent domain or any proceeding in lieu thereof, then the Owners of the Common Area, and their Mortgagees, shall be entitled to receive the award for such taking in proportion to the interest of each in the Common Area; provided, however, that should it be determined to repair or rebuild any portion of the Common Area, such proceeds shall be paid to the Association for that purpose in the same manner and subject to the same terms, conditions and limitations as are set forth above in Article XH for repairing damaged or destroyed portions. of the Common Area. A decision to repair or rebuild shall be made in the same manner and subject to the same conditions and cr limitations as provided above in Article XII for determining whether to rebuild or repair following damage or destruction. m� Vim° Section 3. Disbursement of Any Award. If the compensation for a taking affecting all or a ti portion of the Common Area is not apportioned among the Owners by court judgment or by LO agreement between the taking entity and the Board, then as soon as practicable after the receipt by -the Association of any compensation for a taking, the Board will disburse the same as follows: (A) First, to contractors, subcontractors, materialmen and others for the costs ofthe repair ` or restoration of damage or destruction to the Common Area caused by a taking, or to the Association in reimbursement for such costs; the balance of the award is hereinafter referred to as "Award Balance." (B) Second, the Award Balance to the Association. In the event the entire Common Area is so appropriated, the Award Balance shall be distributed to the Owners so that each Owner receives one equal share of such Award Balance for each Lot owned by such Owner. In the event that only S -31- a part of the Common Area is so appropriated, the Award Balance shall be retained by the Association or disbursed to the owners in whole or in part as determined by the Board. Section 4. Priority of Mortgagee Rights. In the event there shall be any express or implied conflict between any provision of this Article and any provision of a note or Mortgagee held by a Mortgagee, the provisions of said note or Mortgage shall govern and prevail. ARTICLE XVI RIGHTS OF LENDERS Section 1. First Mortgagee Relationship with Assessment Liens, Any First Mortgagee who obtains title to a Lot pursuant to the remedies provided in the First Mortgagee's Mortgage or foreclosure of the First Mortgage will not be liable for such Lot's unpaid Assessments, dues or charges which accrue prior to the acquisition of title to. such Lot by such First Mortgagee, but shall take title to such Lot subject to any lien or claim for unpaid Assessments against such Lot which accrues subsequent to the time such First Mortgagee obtains title to such Lot. Nothing in this Section shall be construed to release any Owner from his obligation to pay any Assessment levied pursuant to this Declaration. Section 2. Special Limitations on Association. Un less at least two-thirds (2/3) of all First Mortgageps (based upon one vote for each First Mortgage owned) or of the Owners of the individual Lots in the Development have given their prior written approval, the Association shall not be entitled to: (A) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area or the improvementsthereon; provided, however, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area ti m shall not be a transfer within the meaning of this clause; (B) Change the method of determining the obligations, assessments, dues or other charges OD "" which may be levied against an Owner; m (C) By act or omission change, waive or abandon any scheme of regulations or the enforcement thereof pertaining to the architectural design or the exterior appearance of the Residences situated on the Lots, the exterior maintenance of said Residences or the maintenance of any party walks on any of the Common Area or common fences and driveways, or the upkeep of lawns and plantings within the Development; (D) Fail to maintain fire and extended coverage on insurable Common Area Lots, Slope Areas and Association Walls, on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement cost); -32- (E) Use hazard insurance proceeds for losses to any Common Area and/or said personalty owned ' by the Association for other than the repair, replacement or reconstruction of said improvements and/or personalty. Section 3. Notice to First Mortgagees of Owner Default. Any First Mortgagee shall, upon written request to the Association, be entitled to written notification from the Association of any default in the performance of the obligations imposed by this Declaration, the Articles or the Bylaws by the Owner whose Lot is, encumbered by such First Mortgagee's Mortgage, which default has not been cured within sixty (60) days of a request by the Association. Section 4. Effect of Owners' Breach. A breach of the covenants contained in this Declaration shall not affect or impair the lien or charge of any bona fide mortgage or Deed of Trust made.in good faith and for value on any Lot or the improvements thereon, provided, however, that any subsequent owner of such property shall be bound by said covenants, whether such Owner's title was acquired by foreclosure in a trustee's sale or otherwise. A lender who acquires title by foreclosure or deed in lieu of foreclosure shall not be obligated to cure any breach of the covenants which occurred prior to such acquisition of title. ARTICLE XVII ENFORCEMENT Section 1. Enforcement. Each Owner, lessee, licensee, guest, resident and occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws, the Rules and Regulations and decisions and resolutions of the Association or its duly authorized representative. Failure'to comply with any such provisions, decisions or resolutions shall be grounds for enforcement action which may include but not be limited to the following, in addition to other remedies afforded by law: (A) Suspension of Rights. The Association may temporarily suspend the voting rights and right to use the Common Area facilities by an. Owner for any period during which any n assessments remain unpaid, or for up to thirty (30) days for the Members or his or her guests, tenants, GO N o or family members' violation ofthe Governing Documents, after due process, set forth in Subsection IZIti°' (d). .m (B) Fines/Morietary Penalties. The Board may impose fines and/or monetary -penalties S against an Owner for his or her family members', guests', tenants' or agents' violation of the Governing Documents, after Due Process, asset forth in Subsection (d). Prior to imposing any such penalties, the Board shall adopt and distribute to each Member, by personal delivery or first- class mail, a schedule of the penalties. The Board shall only be required to distribute additional schedules ` upon any amendments to such schedule being made. (C) Reimbursement Assessments. The Board may levy Special Reimbursement Assessments, for damage to the Common Area or to reimburse the Association for costs incurred to bring a Member into compliance with the Governing Documents, as set forth in Article V, Section 5. s -33- (D) Due Process. Such suspension, fines, or reimbursement assessments may occur only after the Member has been given at least ten (10) days notice, and an opportunity to be heard before the Board before the effective date of the action, as set forth in Section 1363(h) of the California Civil Code, or successor statute. Within fifteen (15) days after the hearing, the Board shall give the Member written notice of the action taken against the Member, in conformance with California Civil Code Section 1363(h). (E) Alternative Dispute Resolution (ADR). Where required by Civil Code Section 1354, prior to the Association or any Owner bringing a civil action for declaratory relief or injunctive relief, or for such claims in conjunction with a claim for damages not in excess of $5,000, related to the enforcement of the governing documents, such party shall offer alternative dispute resolution to the other party, as set forth in Civil Code Section 1354. (F) I-gAing of Vehicles. The Association shall have the power to tow vehicles from the Common Area, including private streets and driveways, which are parked in violation of the Association's Governing Documents or California law, pursuant to Vehicle Code Section 22658.2. The Association may also use booting or other legal methods to enforce parking restrictions and rules. (G) )night of Entry. The Board shall have the right of entry into a Lot (including the Residence) to remedy violations of the Governing Documents, and where necessary to protect, preserve and maintain the Common Area, as set forth in Article IV, Section 3. (H) Legal Action. The Board shall have the power and duty to enforce the Declaration, Bylaws, and Rules and Regulations by all legal means available, and bring an action in law or in equity, and to utilize any lawful enforcement remedy. In the event the Association, or any Owner, shall commence litigation to enforce any of the Association's governing documents, the prevailing party in said action shall be entitled to actual attorneys' fees and costs reasonably incurred. (I) Lien and Foreclosure. The Association shall have the lien and foreclosure rights as al ma set forth in Article V to enforce the obligation to pay assessments and related charges. co to m m0 m 0 (J) Other Remedies. The Association shall have all other remedies provided by law or m ; otherwise to remedy violations, and to enforce the Declaration. Section 2. Nuisance. The results of every act or omission which are a breach as set forth in Section I above are hereby declared to be and constitute a nuisance, and every remedy allowed by slaw or equity against a nuisance shall be applicable against every such result and may be exercised by any Owner, or the Board. Section Violation of Law. Any violation of any state, in or local law, ordinance or regulation, pertaining to the ownership, occupation or use of the Development or any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement ~ procedures set forth herein. i -34- Section 4. No Waiver. The failure of the Board, or any Owner to enforce any of the provisions contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter, nor shall such failure result in or impose any liability on the Association or the Board. Section 5. Attorneys' Fees. In the event the Association, or any Owner, shall commence litigation to enforce any of the covenants, conditions or restrictions herein contained, the prevailing party in said action shall be entitled to actual attorneys' fees and costs reasonably incurred. Section 6. Cumulative Remedies. Each and all legal or equitable remedies provided for herein shall be deemed to be cumulative. ARTICLE XVIII GENERAL PROVISIONS Section 1. General Duties and Powers. The Association shall have all those duties and powers set forth in the Articles and Bylaws of the Association or permitted pursuant to the provisions of the California Corporations Code for nonprofit unincorporated associations. All such duties and powers shall be subject to any specific limitations set forth in this Declaration, the Articles or Bylaws of the Association. All such duties and powers shall be exercised by the Board unless specifically reserved to the Members. Section 2. Notices. Any notice to be given to an Owner or Mortgagee under the provisions of this Declaration shall be in writing and may be delivered personally or by first class mail, postage prepaid to the latest recorded address in the business records of the Association. if delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail. Section 3. Extension of Declaration. Each and all of these Covenants, Conditions and a Restrictions shall terminate on December 31, 2054, after which date they shall automatically be CU mcov extended for successive periods of ten (10) years unless amended or extinguished by a written m m o instrument executed by at least a majority of the Owners of Lots in the Development and such 9 written instrument is recorded with the Riverside County Recorder. m� Section 4. Limitation of Liability. In discharging its duties and responsibilities, the Board acts on behalf of and as representative of the Association which acts on behalf of and as representative _ of the Owners of Lots. No member of the Board shall be individually or personally liable or obligated for performance or failure of performance of such duties or responsibilities unless he or she fails to act in good faith. Section 5. Liberal Interpretation of Declaration. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the Development for the mutual benefit of all Owners. Section 6. Indemnification. Every director and every officer pastor present of the Association shall be indemnified by the Association against expenses and liabilities, including reasonable -35- attorney's fees and cost incurred or imposed upon him or her in connection with any proceeding in which such director or officer may be a party, or in which such officer or director may become involved, by reason of his or her being, or having been, a director or an officer of the Association, or any settlement thereof, except in such cases wherein the director or officer is adjudged guilty of gross negligence or malfeasance in the performance of his or her duties. Indemnification shall be in addition to and not exclusive of all other rights to which such director or officer may be entitled. Section7. Severabiliq. Invalidation orreformation ofanyone ofthese covenants or restrictions by judgment or court order or otherwise shall in no way affect the application of.such provision to other circumstance(s) or any other provision(s) which shall remain in full force and effect. Section 8. Number; Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter, as the context requires. Section 9. Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of all heirs, personal representatives, successors, assigns, personal representatives, grantees, lessees, licensees and renters of Owners. Section 10. Joint and Several Liability. In the case of Joint Ownership of a Lot, the liability of each Owner and the Owners thereof in connection with the liabilities and obligations of the Owners, set forth in or imposed by this Declaration, shall be joint and several. Section 11. Encroachment Easements. The Owner of each Lot is hereby granted an easement over all adjoining Lots and the Common Area for the purpose of accommodating any minor encroachments due to engineering errors, errors in original construction, settlement or shifting of any building, or any other cause. There shall be easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachments, settlement or shifting, provided, however, that in no event shall an easement for encroachment be created in favor of any Owner if said encroachment occurred due to the willful m a misconduct of an Owner. In the event any portion of a structure on the property is partially or totally n destroyed and then repaired or rebuilt, each Owner agrees that minor encroachments over adjoining J� CU4 Exclusive Use Areas or Common Area shall be easements for the maintenance of said N : encroachments so long as they shall exist. m Section 12. Conflicts. If there are conflicts or inconsistencies between the provisions of California law, this Declaration, the Articles of Incorporation, the Bylaws and the Rules and Regulations, the provisions of California laws, the Declaration, the Articles of Incorporation, the Bylaws and the Rules and Regulations (in that order) shall prevail. r F� GA12\2010\LSP\Casitas No. I-CC&Rs(clean).wpd Revision Date: May 5, 2005 v� -36- CERTIFICATE OF AMENDMENT I, the undersigned, declare: 1. I am the duly elected and acting Secretary of CASITAS NO. 1 HOMEOWNERS ASSOCIATION, a nonprofit unincorporated association; and 2. The foregoing FIRST RESTATED . DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CASITAS NO.1 HOMEOWNERS ASSOCIATION. comprising3k pages, constitutes the Declaration of Restrictions of the Association duly adopted by a vote of at least seventy-five percent (75%) of the voting power of the Association. IN WITNESS WHEREOF, I hereunto subscribe my name and affix the seal of said corporation this I (,�, day of 2005. State of - CAI , t=ce. ) Le ) . )ss County of !:Pv r�eS, e=r ) 1 • By: Secretary C prs i• Aqs oJp ( f-to✓lE�wN�iD� pt aDG i b tt 0Aj On WAS/ I (per , 2005, before me, Wl -we,A qys� , a Notary Public, personally appeared L Ap gA t I cu- 1 1 per-M proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that s e executed the same in hio& authorized capacity, and that by hisgg�signaturel�sl on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. a Signature o of -37- yL,b�,f�r,M�11`rWan I ��1aa6�.6�9Mw C4u* Corm. 16, o I, the undersigned, declare: 1. I am the duly elected and acting President of CASITAS NO. 1 HOMEOWNERS ASSOCIATION, a nonprofit unincorporated association; and 2. The foregoing FIRST RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR CASITAS NO. 1 HOMEOWNERS ASSOCIATION comprising 3 pages, constitutes the Declaration of Restrictions of the Association duly adopted by a vote of at least seventy-five percent (75%) of the voting power of the Association. IN WITNESS WHEREOF, I hereunto subscribe my name and- affix the seal. of said corporation this /4- day of )Ito9-7 , 2005. By: A, 0,4v, D A. zsr0Gcu w , President CAs ears No. (/forr�pu�N�'as State of et ECp= > >* ) )ss County of ) On � I (' , 2005, before me, L1.4m, e.&7-";;� , a Notary Public, personally appeared � 1 n A . �t,a ICE ; - M proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me thad ft executed the same ir�/fl authorized capacities, and that b)(r* er signaturejs, on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. no Signature of NbWry GA12\2010USP\Casitas No. I-CC&Rs(clean).wpd Revision Date: May 5, 2005 -38= MOO J.I�OtQf mon I v"9920 ' CaMor111� 7Comm, CAW a EXHIBIT "A" LEGAL DESCRIPTION OF CASISTAS NO. I HOMEOWNERS ASSOCIATION Lots 1 through 22 inclusive of Tract No. 3448, as shown on Map recorded in Book 58, Pages 20 to 21, inclusive of Maps, Records of Riverside County, California. 111111111111111111111111111111111111111111111111111111 y�;.:�;. -39- Phol - y9i RECORDING REQUESTED BY: Casitas La Quinta II Homeowners Association AND WHEN RECORDED MAIL TO: Wayne S. Guralnick, Esq. Guralnick & Gilliland 74-399 Highway 111, Ste. M Palm Desert, CA 92260 HOC N 2002-243129 05/09/2002 08:00A Fes:18.00 Pays 1 of 4 Recorded !n Official Records County of Riverside Gary L. Orso Assessor, County Clark 6 Recorder 1111111111111111111111111111111 Mil III H 0? M S u PAGE SIZE DA PGOR NOCOR SMF WSC. A R L COPY LONG REFUND I NGHG EXAM FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASITAS LA QUINTA It HOMEOWNERS ASSOCIATION [Cover Page] DBC FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CASITAS LA QUINTA 11 HOMEOWNERS ASSOCIATION THIS FIRST AMENDMENT is made by the written consent of not less than fifty-one percent (51 %) of the Lot Owners of Casitas La Quinta II subdivision, which is legally described as: Lots 46 through 64, inclusive, of Tract No. 3448, as per map recorded in Book 58, pages 20 through 21, inclusive, of Miscellaneous Maps in the Office of the County Recorder of Riverside County, California. WHEREAS, the Declaration of Covenants, Conditions and Restrictions (hereinafter "Declaration') was recorded on October 26, 1973, as Instrument No. 140621, records of Riverside County, California; WHEREAS, pursuant to Article XIV, Section 2, not less than fifty-one percent (51%) of the Lot Owners of the Properties must consent to amend the Declaration and said consent was obtained. NOW, THEREFORE, the undersigned hereby declare that Article X of the Declaration shall be amended as follows (strike -- indicates deletions: double -underline indicates additions): ARTICLE X —ARCHITECTURAL CONTROL 1. No building, fence, wall or other structure or additional landscaping (except for all original construction by Declarant within the Properties and all original landscaping installed upon the Properties by Declarant) shall be erected, altered or repaired until the building plans, specifications and plot plans showing the location, elevation and grade lines of such building or other structure, or such other description of the proposed work as shall be furnished to and approved in writing by the Board of Directors, or by an architectural committee composed of three (3) or more representatives appointed by the Board. One set of such plans, specifications and plot plans or other description shall be submitted to the Board or its architectural committee. The Board or its architectural committee, before giving such approval, may require that changes be made to comply with such requirements as the Board or its architectural committee, in its absolute discretion, may impose as to the structural features of said building or other structure, the type of building material used, or other features or characteristics thereof not expressly covered by any of the provisions of this instrument, including the location of the building or other structure with respect to topography and finished ground elevation. The Board or its architectural committee may also require that the exterior finish and color and the architectural style or character of such building or other structure shall be such as in the discretion of the Board shall be deemed to be suitable in view of the general architectural style and character of structures erected or to be erected in the community. The repainting of the exterior surface of any building or other structure on the Properties shall be the prime responsibility of the Assesiatien Owner and such surfaces shall not be repainted or refinished by the Owner in a color or manner differing from the previous painting or finishing of such building or other structure until the Board or its architectural committee shall have given its written approval of such repainting or refinishing following the submission of an acceptable description of the work to be done. In the event the Board or its architectural committee shall fail to approve or disapprove any plans, specifications, plot plans or work description submitted to it within thirty (30) days after such submission, then such approval shall be deemed to have been waived. No member may construct, repair, remove, improve or otherwise affect any portion of the Common Area in any manner unless specifically authorized in writing by the Board of Directors. CERTIFICATE OF PRESIDENT AND SECRETARY Each of the undersigned, President and Secretary of the Board of Directors of Casitas La Quinta II Homeowners Association, hereby certify under penalty of perjury that the above First Amendment to the Declaration were approved by the necessary voting power of the Association, evidence of which is on file in the office of the Association. CASITAS LA O INTA II OZO/ RS ASSOCIATION Date: L 9/v Z By : ,5 L President Date: IL Secretary M:\GG DOCSWDAIGOVODCS\CCBRS\01-12a.1ST I I 1111111 HIIIi Hill 111111111111111111111111 Hill 1Iii lei es es02e of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of 'F8 r n i _ Countyof ieilVelt�� On �.-�Ua� before me, Q SJ Date Name an Title of Officer (e.g., 'Jane Doe, Notary Public') r personally appeared rA 6 YA ) C oaL S W iC Name(s) of Slonerlal ❑ personally known to me - OR N{VIA A. SILVA CUMMISS10*4 #1281563 NMal Public - California (%1V�HSIGE COUNTY v My coi io,ta9'on Expires JG1.9_f3Ec1 23, 2004 to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of, which the person(s) acted, executed the instrument. WITNESS my hand and offici se Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document l j Title or Type of Docume t: I-� + T Document Date: � 6 ;- 2— re+ary Number of Pages: l ' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ]11011 Q C ci L - .SI,U is t /individual Corporate Officer Title(s):Li'� wt ❑ Partner — ❑ Limited LJ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I Top of thumb here Signer Is Representing: QUIMTw L Nb,4 Signer's Name: Lim C, Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: O 1995 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park. CA 91309.7184 Prod. No. 5907 RIGHT THUMBPRINT OF S1614ER Reorder. Call Tall -Free 1-80D676-6827 0 • State of California ss County of Riverside On April 29, 2002, before me, Cynthia R. Parks, Notary Public, personally appeared Kris L. Hopping, 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. (seal) CYNTHIA R. PARKS . , Cornmi!sion # 1292611 z No0k-dy Yut lic — Cail4xrrio Rivcnide Ccun�/ `s P .env Comm, Expires Feb 25.2Co' rti Printed name: Cynthia R. Parks My commission expires February 26, 2005 Casitas Ia Quinta Q Homeowners Association Witness my hand and official seal. N tary Public in and for said County and State M11wm�uu1 mre;n_ �k.0eq. c`c ' 4ilt o in > y c' FIRST AMENDMENT TO W DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTI (Tract No. 3448) THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is. made this __30thday of NOT ER , 1972. R E C I T A L S: WHEREAS, HYSOM REALTY COMPANY and.ELKEE CORPORATION ("Declarant") executed a Declaration of Covenants, Conditions and Restrictions which was recorded on May 13, 1970., as Instrument No. 44,999 in Official Records of Riverside County, California (the "Declaration"), covering real property in the County of Riverside, State of California, described as Lots 23 through 37', Tract No. 3448, as per Map recorded in Book 58, Pages 20 and 21, inclusive, of Records of Riverside County, California; and WHEREAS, it is the desire and intention of all the j parties hereto to restrict Lots 23 through 44 of Tract No. 3448 to the covenants, conditions and restrictions contained in the Declaration and in this First Amendment thereto so that all of said lands shall be benefited and burdened and each successive owner of all or a part of said lands shall be benefited and burdened by the covenants, conditions.and restrictions of said lands; and WHEREAS, the undersigned desire to amend the Declaration; and WHEREAS, pursuant to Article Ix of the Declaration, the Declaration may be amended by action of the owners of seventy-five, i ( { - 4 percent (75%) of the residential lots; and WHEREAS, the undersigned are the owners of seventy-five percent (758) of the residential lots subject to the Declaration, NOW, THEREFORE, all of the parties hereto,as covenan- t0 QD tors and covenantees, and expressly for the benefit of, and to bind, 0 their successors in interest hereby amend the Declaration as follows: 1. The first sentence of the Recitals is deleted in its entirety, and there is substituted.in lieu thereof the following: "Declarant is the owner of certain real property in the -County of Riverside, State of California, which is more particularly described as Lots 23 through 44 inclusive -of Tract 3448, as shown on a map recorded in Book 58, Pages 20 to.21, inclusive, of Maps, Records of Riverside County, California (hereinafter referred to as "the property")." 2. Paragraphs 1, 3 and 4 of Article I are deleted in their entirety and there is substituted in lieu thereof the fol- lowing: "I. The term "subdivision" as used herein shall refer to said Lots 23 through 44 inclusive of Tract 3448. 3. The term "residential lot" or "lot" as used herein, shall refer to Lots 23 through 44, inclusive, excepting therefrom Lot 28 and Lot 33 and.except the Northerly 10 feet of Lot 34 mea- sured at right angles to the most Northerly line of Lot 34. 4. The term "common.area", as used herein shall refer to Lots 28 and 33 and to the Northerly 10 feet of Lot 34 measured at right angles to the {. most Northerly line of Lot 34." 3. Paragraph 9 of Article II is deleted in its entirety and there is substituted in lieu thereof the following: "9. No fence, hedges or wall, or antennae shall be erected or maintained upon said premises, exceot such as are installed in accordance with the initial construction of the buildings located thereon.or as approved by the Architectural Control Committee. The fences and screen planting installed by Declarant upon residential lots, and facing -upon Washington Street shall be repaired and maintained by the ownr�r of each such lot. No such fences or planting may , be altered in any way, nor may new fences or planting be erected or installed on any of such lots without the prior written approval of the Architectural Con- trol Committee." -2- i i 4. Subsection '(b) of Paragraph 4 of Article III is amen- ded to read as follows: m"(b) Operation of the swimming pool, U3 tennis courts and all other recreational' C2 equipment and facilities located within the common area." S. There is added to the.Declaration as a new Article XIV the following: The Declarant and the undersigned Owners covenant and agree that the common area and the residential lots shall not at any time be con- veyed, encumbered by mortgage or deed'of trust, sold on contract, or in any other manner aYienated' or encumbered, whether voluntarily or involunta— rily, separately from the other so long as tie Declaration is in effect." 6. Except as herein expressly amended, the Declaration is hereby ratified, reaffirmed and approved. This First Amendment to the Declaration of Covenants, Conditions and Restrictions may be executed in duplicate counter- parts all of which when taken together shall be deemed to be the Instrument. IN WITNESS WHEREOF, the undersigned have executed this First Amendment.to Declaration on the day and year appearing below their signature. HYSOM REALTY COMPANY, an 11 By By oatea: 1 ELKEE CORPORATION, an Illinois corporation Its By tJ Dated: ^ vl'-'7,3 -3- r F A PONTES, rp an um-6a ried man td Owner of Lot 25 of Tract 3448 QD U2 and an undivided 1/14ths inter- , C3 est in Lot 28 of Tract 3448 Dated: V WALTER 11.' DUNS CATHERINE Ml. DU14N husband and wife, owners of Lot 27 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: � l EDWARD LES ER S5.1ZTH V RG IA BRAND AIdDRE;JS :dIiH husband and wife, owners of Lot 32 of Tract 3448 and an unidvided 1/14ths interest in Lot 28 of Tract 3448 Dated: i �ad KUHNER IZRLEY husband and wife, owners of Lot 34 o a an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: E D �and= ZfaA UTLER DeOreohuwife, owners of Lot 5 of Tract 3448 and ( an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: % WALTER J. CHULZ D LORES SCHULZ 7755 f' husband and wife, owners of Lot 36 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: SHL••LDOI.1 11. BEL'.1ICK MARIETTA L. HELMICK husband and wife, owners of Lot 26 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of Tract 3448 e f Dated: i i Da � ted: RO FT tl, PIEP.CE SERVICES, INC. a Connecticut corporation owner of Lots 30, 31 and 37 of Tract 3448, and an undivided 3/14ths interest in Lot 28 of (,L Tract 3448 R .PONTES, an arena ried roan .owner of Lot 25 of Tract'3448 and an undivided 1/14ths inter- est in.Lot 28 of Tract 3448 Dated: I WALTL•R H. DUNN - CA HERINE ]d_ DUI4N husband and wife, owners of Lot 27 of. Tract 3448 and I� an undivided 1/14ths interest in Lot 28 of Tract 3448 I Dated:' / 1111 i n r EDWARD ES TER SMI711 V RG I A BRAND ANDRET. S MIL^n 1 husband and wife, owners of Lot 32 of Tract 3448 and an unidvided 1/14ths interest in Lot 28 of Tract 3448 ' Dated: KUHNER IRLEY Ui1l:E i husband and wife, owners of Lot 34 o act 3443 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: 1 D A. DeOREO usb hVIRGINIA BUTLER DeOreo an3 and wife, owners of Lot 35 of Tract 3443'ard an undivided 1/14ths interest in Lot 23 of Tract 3448 Dated: WALTER J. 4,�IULZ_ LORES SCHULZ husband and wife, owners of Lot 36 of Tract 3443 and an undivided 1/14ths interest is Lot 28 of Tract 3448 Dated: SHELDON- IT i'.ELF1ICri M4RIETTA L. HELMICK husband and wife, owners of Lot 26 of Tract 3448 and an undiv deeddj�1/14ths 'nte est in Lot 28 of Tract 3443 J d Dated: .7(� J3 l RO IRT W. PIERCE SPRVICE5, INC. a Connecticut corporation owner of Lots 30, 31 and 37 of Tract 3448, and an undividccl 3/14ths interest in Lot 23 of Tract 3448 t _4- ■ a - ' 1 - Y i 4mm PONTES,. aied man s Owner of Lot 25 of Tract 3448 E W and an undivided 1/14ths inter- =In est in Lot 28 of Tract 3448 - e'! D e� , � � v AL ER I1. DUNN CATHERINE M. DUNN husband and wife, owners of Lot 27 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of /T/-ract 3448 s Dated: 02 0[ . A i ? ) �'L EDWARD LES ER SMITH V RGIVIA ERAND AI:DREi7S NI1H husband and wife, owners of Lot 32 of Tract 3448 and an unidvided 1/14ths interest in Lot 28 of Tract 3448 / Dated: KUHNER IRLEY CUHN husband and wife, owners of Lot 34 o act 344 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated- E D A. De REO VIRGINIA BUTLER DeOreo husband and wife, owners of Lot 35 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: WALTER J. CHULZ D L0RES SCHULZ husband and wife, owners of Lot 36 of Tract'3448 and* an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated: SHELDON If. HELMICX MARIETTA L. HEL:4ICK husband and'wife, owners of Lot 26 of Tract 3448 and an undivided 1/14ths interest in Lot 28 of Tract 3448 Dated - a ,Q Dated: � RO�PIERCE SE_VICES, INC. a Connecticut corporation owner of Lots 30, 31 and 37 of Tract 3448, and an undivided 3/14ths interest in Lot 28 of Tract 3448 -4- The -Beneficiaries of the below -described deeds of trust which affect the property subjectto this Declaration hereby C7 consent to this First Amendment to Declaration of Covenants, ' Conditions and Restrictions and agree that the Declaration as amended by this First Amendment shall be and remain at all times a lien or charge on the real property subject to the Declaration prior-and"r?upeiior'-to the lien or charge of the deeds of trust described below. United California Bank, a Cali is corporat n E BY i Its - ------ -- 600 South Sprri�ng�Street '.Los Angeles, CA 90054 . Beneficiary of a deed of trust affecting Lot 29 and an undivided 4/14ths interest in Lot 28 of Tract 3448 United California Bank, a Cali a corporat• n BY.;t -- 77-916 Avenue o� the State -Palm Desert, CA 92260 Beneficiary of 0�deedsof trust affecting Lots 30, 31, 32; 35, -and 36, and an undivided ✓ 5/14ths interest in Lot 28 of Tract 3448 STATE OF ILLINOIS, ) SS. The Drovers National Sank of Chicago, COUNTY OF OOK an Illinois corporation On - / % before. me, the � under igned, a Notary Public in'and for Bl, said County and State, personally it Executive ice appeared Mr. Don Norris known to me -to be the Exec. -.vice res. The Drovers National Bank of Chicago of the corporation that executed t e, 1542 West 47th Street within Instrument, known to me to be Chicago, Illinois 60609 the person who executed the within Beneficiary of a deed of trust ✓ Instrument on behalf of the corporation affecting Lots 23, 24 iad- 8 fie therein named, and acknowledged to me 44-iae:w that such.corporation executgd.the within instrument pursuant to its by- laws or resolution of its board of directors. THOMAS My Commiuioa Exyirzs De. u,,S;a The Bank of California National Association, a National. Banking Association By 550 South Flower Street Los Angeles, California Beneficiary of a deed of trust affecting Lo't 27 and an undivided 1/14th interest in Lot 28 of Tract 3448 Hysom Re4,lt Company By _ its _ c/o La Quin tel'--------- P. O. Box 69 La.Quinta, California 92253 Beneficiary of a deed of trust affecting Lot 27 and an undivided 1/14th interest in Lot 28 of Tract 3448 Coachella Valley Savings and Loan Associ 4er iforn a corporation By P. DI Pa Springs,California 92262 Beneficiary of a deed of trust affecting Lot 25 and an undivided 1/14th interest in Lot 28 of Tract 3448 Bank of America National Trust and Savings Association, a National ;Bank* Ass is ts(/•wtSouth-i Spiinq StreetAngeles, California 90014 Beneficiary of a deed of trust affecting Lot 34,and an undivided 1/14th interest in Lot 28 of Tract 3448 The Trustees of the below -described deeds of trust which paffect the property subject to this First Amendment hereby 0'J n consent to this First Amendment to the Declaration of Covenants, Conditions and Restrictions. United California Sank, a Caliiffo/o#?ia corpora- On sy.GIts? 600 S. S riin' treeet P 9 Los Angeles, California - Trustee of Wcdeedsof trust affecting Lots 23, 24, 27, 29, 30, 31, 32, 35, 36, and 38 through 44, inclusive, and an undivided 10/14ths interest in Lot 28 of Tract 3448 The California-Sansome Corporation, • a Califnia"corporation By 550 S. Flower Los Angeles, California Trustee of a deed of trust . affecting Lot 27 and an undivided 1/14th interest in Lot 28 of Tract 3448 Financial Federation, Inc., a Dela a co orati n By is 61 S. F ower - ----------- Los Angeles, California Trustee of a deed of trust affecting Lot 25 and an undivided 1/14th interest in Lot 28 of Tract 3448 Continental Auxiliary Company, California Fo por&ti g, ByJs, �-.,Z� •�.. Its / _-- ' 666 S. -ring Los Angeles, California 900 4 Trustee of a deed of trust affecting Lot 34 and an undivided. 1/14th interest.in Lot 28 of Tract 3448 STATE OF CALIFORNIA ) ;jf ) ss. r • COUNTY OF N` ) L_ IM On %i t �� , 1973, before tµe, the OD undersigned, a Nt$ry Publ c in and for said State, personally appeared _0 _ _ known to me to be th - � and , known to me to.be the �, - o t ¢ cQr ZaWn that executed the within Instrume t, known o me Cfi�'Se'' O 7 persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -lawn or a resolution of its board of d.(rectorn. WITNESS my hand and official seal: Rota is in and for said County and State ..o c (SEAL) � OFF!C!AL ccAL . c 0-A'! S. STATE OF CALIFORNIA ) 7 ) ss. COUNTY OF On 19iAfore me, the undersigned a Notary Public i and for said State, personally appeared _ , known to me to be the /lA X0��Intf known to me to be the— of o ,f�that executed the withnt, know to me persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its boardpf--directors. WITNESS my hand jknd offi al seal. S Not-ry�ric-in and-%r-said' County and State (SEAL) CIAL S;1L C:1;'_ S. J0.. S 77.9:6 Aee. e! Cie 5...... .a :C.c1. C..P1. V:50 fcorpontionl O :.t 'i STATE OF CALIFORNIA j COUNTY OF Los Angeles ' o March 12, 1973 before me, the under;i pled, a No[ary Public in and [ar said ' Suce. personally appeared — Arnold E - Hoeft QDa krtown to me to be xx a Vice President. _ COP of the corporation that knew. to me to he the perwr(K %be executed the khin c,ceeuted the within instrument. In numcm behalf of the corporation therein cL d acknowledpcd to me that : cb—pension —cured the ri,hie al amem purwant to its by-l— or • resolution of its board .d OFFICIAL SEAL director-. WITNESS my and .(tidal seal. WWMNER � E •CAIIIO(tlM NOTARY thand / Clxteallashm Eobnew, Aw. IL 3976 Signature - !?'�.f •'I—OMV . Name (Typed or Printed) —. raa er •ant wrriY — 'O ... c lGorporation) O STATE OF CALIFORNIA : S5. t COUNTY OF Los Angeles On, March 1.2, 1973 hererc ce, the ender,icnet a Notary Public in and for said Wt State. p—,nally appeared Old E . Hoeft it-- to me to be RiL a Vice_ P—idrnb ::i xi4C�i7R, of the corpontien that ce—ted the within Instrument. (+� knnwm to me to be the p—,X.he clewed the within In•trum,rot on behalf of the corporation therein named, and i aelm:•Jcdp.d [e me that such —p ration chewed the within i-direc- p,rsuant [,. n- by bv-.a a resolution of it. hoard OFFICIAL SEAL .IEANETTE fL MNRCNEp ,d Jira:!or-. /gTMY RUC-G4JFORyIIA WITNES my hand and ollieial seJ. LOS AMGEIES COUMY ;-t . M Connrl'sial EtyYaa Aor.1 1/M ' Signature/�.: 77 % /,4_•. h' , /rl F - Nam< (Typed or Printed) ' ro .•a c 1 l Corpoudon) O STATE OF CALIFORNIA i COUNTY OF LOS ngeles ss. '} On March 12. 1973 beferc me. the undenilnod: st+'<• Richard a Notary Public in and for said pera"n+lb +pZed L Matem fe•�JJ l:ne-'n to me to be theyiC2 pteaidmt. and Yi known to me to be Secretary of the corporation that executed the ' kn,,.n for me to be he pern,n. who eaeeuted the within within Instrumen[. Irmuumrn on behai( .he, th< <orporation therein rareld. and rlrnnadedu:nl t, me thu ill torpontion e:ecaud the within imtr...nt pursuant to iu bylaws or a reselmion .1 he beard ,f direct,,.. i t: Rose Marie M. RatzlafF ---.....-. ....,,�..,.,, Name (Typed or Printed t ROh Ma rr aM:.r .aMY roll �l a I ."rATI: OF CALIFOKNIA Ns. . COUNTY OF.,I6l:>�^ "Q _� On '. 1Tch 12, 1973. ._^_ Mfnre m<. the undrr.il;ned. a Notary Yuhlic in and for .wid star,, ptnnn.11y appeared _ajob,- r _."a— (Q krmwn 1., me IV be the IN Ce _ Pn id",. and — known m me to be — — — 4crcury of the enrptrat; n that executed the within lnatrumenc kn.wn to mr to be the per s who eaeeuted the within In.numrnl .m behalf of the corporation lhae;n nam,d. and uk—.Wged w me Mat w h eorporalion a < -kd Mc ' hin �' i tlrUmeltl DYr.uaal to it, '.iydawa or a reau1u.l .1 ;l• )yard ..f director. WITNESS m hand official x+1. SEA;, and EDIOFFICIAL �, M. WIEBE NOTARYARYOU CUOLIC-CALtFOaNIA I Sipnatnre LOS ANGELES COUNTY ' • ktyCommisiwn EapiresOct.21.1975 Name (Typed or Yrinled) , 1Ta:• w. IM M.41 „uriL wwl t r.ul sT'Y nF ?iversid. _} SS- 2\ 1.,. 1973 .. !w•r„n. n:.. , "i tit... t - '- ..! V:1 ry 1'uLln. 'n +n:' Gn •aLl t'..Y.t.• and �:'tl.• , yeCCapett .u, u..,. thr =Q) knn�n to :n:. to Iw �C-3 •........, :d tit.. ��:;u :inn th.v . �'ua•�! ::o .............. kn, t 1, ; ,• thr ;r•n.�n: wl:o r ....... .�. I....a'! :h, r:.l i..o d",-in : r•I.:.n�I : ei uq,n :.nu n.t.:n�:..nt o.:. :11•�t::� I...L:.-,: , I....,ut:.�n .•1 it. I...: rd o. FOR NOTARY SEAL OR STAMP S7ATt Of MUMMA' 1y COUNTY OF Rivere�9Sr_�..-.__,..1<, . o. FeQruarY 28, 1973_ b,lpre m•, M. Ywe..pvd.. Ndrary /.Wk tw ar:d Id ..;d 5..r., Robert W. Pierce .4 .f par•arwlly ,pp...d tne:rn m m.. b. M. pnt;d.mobert, lbaskmauKKSMr .1/M <arP...now 0.1 ...tywd !-Yoe -4 mown ro m. to b. tho p— h. ..—W rh. A. :,ontlmmr a What# of Ih. carparrt;an Ahr w•md, aM o i{ k—todp.d M m. Mn <A cwpo.a,- .a— M w;Min k ;mm 1 pvewn o in by.taW< W a <.wlYrien'of in board of OFFICIAL SEAL C;:l S. JONES r:aTr::<pv2,ic.c:uxayA WITN w.y M ar.d. � r ��,yv R:''. <.^.'3!- E COUNTY A y Ky=:ic- _.; ir;; F<D. 17, 1973 . FpnatYr• 77A:6 A". of tM States. Pilot Off d. Calif. 22ZSO we:d —41 y,1) ' Nam. RYpd or N;nttd) .:: c Q (Corporation) t ! STATE OF CALIFORNIA ' Los Angeles COGKTY OF g2- March 12 1973 brf,re me, ,he und_i,e L Notary Pnbu< in and far .aid Arnold E. Hoeft star. p-04 apor- d cd[ (� known to me to be OW a_VicP Pre.ident.va of tilt corporation that executed the within Instrument. {i ln•yn In me to be the W-.x who ...twRd the ithio behalf of thr corporation them.- named. d uknowlydxed to me that . <h corporation executed the ydthin OPF7CIAL SEAL .. i •w,.m.a punuaa, to it, byl.— or a rewlmion of it, board F_ MI ITCIIER Yi A dicta.•... IgT11 RIUC-QNlPON111A \YITSE59 my.knnd and of6<ia1 .cal. L06 ANGHJESCOUFM or C.—d.0ar. flvba Apr.; 1676 ' �' 'c" �r r GCC./•c_ signaturr—�.1.+-• � time ITyped or Printed! ti.b wa M MNU +.tWt wn To ' STATE OF CALIFORNIA y; C.ouNTY OF Los Angeles } ss. ,. } on March 12 1973 before me. the ender. o.ned. a Notaq P.bli, in a^d for acid $.,I , p,,:"n.u, ,pp....d Richards . Matern 0. kn"wn to me ,u It, the Vice Prc.ident, and QD kn"wn to me to be =dva of the eor = ry por.t,on that <xe<uted the within InstramenL b• m, 1. M the parr, who <h,,ei d the ithin CliI....n Imtrunumt un Iwl+alf of the mrporstion therein arced, and p ackm.wk,la•d v.that .uch <orpn ".. '."led the .+Whin i •,nm.m p.r..... b. 1;, brJaw. or a rewlotion of it. board 1 Jirrc.. r.. u-IT.y d and ffteial red co„... r%' +y1 Re,2 °:•: ' C'cnatur FAQ Rose Marie M. Ratzlaff ' ,.., u_ „r^ - a .�. �� . ,m< (Types or Nrim<dl 1 (Corporation) O STATE OF CALIFORNIA �- CoohTY oF_ Los AnReles ss. 0. March 12, 1973 be(orr me. the tmdernicned. a'\otary Public in .nd for ,aid pe t0 st..r. personally apared Wm. N. Farris tat known ro me to be the Ass t. Vice p,.den,, and Alfred T_Zt1�gg 1 L w me to be s Secretary of the corporation that eu<uted the within Inw-1. kno+n to me to be. the person, whu eseeuud the within 1-:-men,on 6ehAf of the corporation thew.. named, and ' i ukn.�wled�rJ to me that eu<h <nrporotbtn exeep,ed A. withi. rotr"mrnt Dor.uam to it, by-6— or a r Itt,ion of it, hoard of d;rnann. , WITNESS my hand and official w.L naur< Xame (Typrd or Pr;"led) • t,nl. vY M aMia, rrariU van 8 STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) On February 28, 1973, before me, the undersigned, a Notary Public � in and for said State, personally appeared Elizabeth Quigley personally known to me to be the person..whose name is subscribed to the within N7 instrument, as a Witness thereto, who being by me duly sworn, deposed and said: That she resides in Palm Desert, California, that she was present.and saw HENRY A. PONIES, WALTER H. DUNN AND CATHERINE M. DUNN, EDWARD LESTER SMITH AND VIRGINIA BRAND ANDREWS SMITH, JACK KUHNER AND SHIRLEY JEAN KUHNER, GERALD A. DE OREO AND VIRGINIA BUTLER DE OREO, WALTER J. SCHULZ AND DOLORES M. SCHULZ, SHELDON H. HELMICK AND MARIETTA L. HELMICK, personally known to her to be the same persons described in and vho executed the said within instrument, as owners thereto, sign, seal and deliver the.same and that the said HENRY A. v PONTES, WALTER H. DUNN AND CATHERIN M. DUNN, EDWARD LESTER SMITH AND VIRGINIA BRAND ANDREWS SMITH, JACK KUHNER AND SHIRLEY JEAN KUHNER, GERALD A. DE OREO AND VIRGINIA BUTLER DE OREO, WALTER J. SCHULZ AND DOLORES M. SCHULZ, SHELDON H. HELMICK AND MARIETTA L. HELMICK, duly acknowledged in the presence of said affiant, that they executed the same, and that she, the said affiant. thereupon at their request, subscribed her name as a witness' thereto. Gail's. Jones �' •.. :.:J.a�Js 1IWNTv ut' __'tivemi-de... �= (h, March. 21,.197' _ rh r..,,.. r. _rn •... \:•I,ry I'uLlir „d Lrr .�i•I i::.u::rc r...:all. rar `rr4 Md x r •'ohn 0:^ossettr A k .r.r ro r • �:ecc a ViGP�'n_;.Inr,, mrJ ---- w-------1,- y .A----- t.�••r..r..,� <, dr...m;w ..,.., J,m r ..nr.t rSr• .nldn Irr �rnr,r:•:,, ., r 1.•hai! .•f : : nihrrrn, r .�i. , ::. t:v. Gdc••:I ., do u:hr: rm i,m r. vrr•1 Ih:, rid... .. :., .u!+t, t•. �r• !,.la:. •r:r a(r//.j.�/�hrr i•m oG.. I.,ar.l a( .a •- \nrar.� I'YLI�c in a:ul 1::r ..rid I:.ru„rr ,...I �r:ro• . FOR NOTARY SEAL OR STAMP N The Bank of California National Association,• a. National Banking Association CA By 1 It's--=--------------------- 550 South-Ffower street Los Angeles, California Beneficiary of a deed of trust affecting Lot 27 and an undivided 1/14th interest in Lot 28 of Tract 3442 Hysom Realty Company By----------------------- Its ---------------------- c/o La Quinta Hotel P. O. Box 69 La Ouinta,.California 92253 Beneficiary of a deed of trust affecting Lot 27 and an undivided 1/14th interest in Lot 28 of Tract 3448 Coachella Valley Savings and Loan Association, a California corporation By----------------------- Its P. O. Draw& Ii Palm springs, California 92262. Beneficiary of a deed of.trust affecting Lot 25 and an undivided 1/14th interest in Lot 28 of E ! ? Tract 3448 Bank of America National Trust and _ r Savings Association, a National Banking Association u _ By Its'----------------------- ------- ------ 660 South Spring Street - Los Angeles, California 90014 ! Beneficiary of a deed of trust `_c� affecting Lot 34 and an undivided 1/14th interest in Lot 28 of Tract 3448 r F di .` i ti W ±- = rr.dale ru::c ; nd ::av; n,-.-, ank, X11 n � ur^ crat •a Oi�aS°k _� �.•+5'_ ..i t�: •:it^CBt '� I ao�Ul •C, .i.:.): I� !;eneficiary y �. s;-- of a aced.of =rust a u! _ E affect1.n:• -'otz 3P to 4ti tnclncive ' Vi o y Of T.-act - - E y = i r _ - -: .END RECORDED DOCUMENT, W. D. BALOGH. COUNTY RECORDER 1. q /c3a u ipts W F I03