KSL Land/Declaration of CC&R's 14DECLARATION OF DEVELOPMENT
COVENANTS, CONDITIONS & RESTRICTIONS
Recorded DOC# 2004-0836422 between KSL Land Holdings, LLC and Crowne Pointe Partners, LLC
relates to the following city Files (as of 2014):
Aereement files:
RREF II -CWC LaO, LLC (assumed DA from Crowne Pointe Partners)
21643 Landmark Land 89
[lots 34, 36, 38]
29421 KSL Land
[lots 2, G, H, K]
29421 PGS West Stadium Clubhouse
"
28960 KSL Land
[lettered lot 1]
28960 Centex Homes
"
28444 KSL Land 98
[lots H, 1, L, W]
Lot Line Adiustment file:
LLA 2004-411 [Parcels 1, 2, 3]
Parcel Map
PM 28805 [parcel 1]
rM?1V
RBCORDM REQUESTED BY
AND WHIM RBCORDED MAIL TO:
KSL Lend HoldiuA LLC
50-905 Avenida Bermudas
La Qua. Califvmia 92253
Atterdioa: IAW Depatfileilt
DOC " 2004-0030422
19/22/2994 9B:W Fee: tap. 99
page f of to
Recorded in official Records
County of Riwraide
Gery L. Rssommer, C"My Clark 6 Recorder
DECI.ARMON OF DEVELOPMENT
COVENANTS, CONDIZIONS AND RESTRICTIONS
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DECI.ARMON OF DEVELOPMENT
COVENANTS, CONDIZIONS AND RESTRICTIONS
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This Declaration of Development Covenants, Conditions and Restrictions (the
'Declaration") is executed, to be effective upon its
a Delaware limited liability company ("Company') and Pointe Partners, LLC, an
Oregon limited liability company Cluilda"). Company and Buhr a s
or collectively heremat called a "Party' orthe "Perna."
A Company is the owm of that certain real property in the City of tai
Qua, Rwaatde County Cali urn% daciaW on Eathn"M 1 attadted haato (the "Burdened
Prgrerty'). The Burdened Property is a porion of the large master phoned community ]mown
as PGA WEST, portions of which are moral parftculady described on Fshrfi is 2 and 3 attached
harcl o. The property da mlW in Bxidbila 11 though 3 is collectively referred to herein as the
'P1'ojecL". .
B. Builder is acquiring the Burdened Property fiem Company pursuant to a
Fart deed Sam Company to BWdw recorded concateetly herewith (the "Ghent Deed"). In
connection whb such acquisition by Builder and by sc oeptanoe of such acquisition, Builder (by
acquiring title to the Burdened Property) repamems to Company that it is aegcurireg the Burdened
Property for development in accordance with and subject to the coveoaWs, Om boas, rights,
restrictions and limitations.set Barth in due Doclaratiom. Builder teptureats to Company that it
Intends to develop the Burdened Property An accordance with the Specific Plan (as horeaRa
defined) and the general scheme of developna d of the Project and Builder intend s to construct
single bmily residential dwelling unite ("Aesidencea") on the Burdened Peoptaty, as more
particularly described berain
T)3)3RBF M the Partin agtae as follows.
1. DeAnitions Except as c9 expressly provided ha oi% Ste following
words and phnsa, when used haeim, Shap have the following meanings:
1.01 "Am uuwWe Prooertv" shall man the real property described in
Exhibit 3. Company may, Som time to thee, add all or any portion of such property to the
Belted Property pursuant to Section I 1 of this Declaration.
1.02 "Anoiica#Me ; shall mean all requests or applications for
govern approvals or permits made or td be made by Builder m connection with Builder's
development of the Burdened Property.
1.03 "Benefited ProoeW Shap neem the real Property to which the
bent& of the provisions of Ibis Declaration it n es. As of the recordation of this Declaration, the
Benefited Piopesty is the real property describW in Exhibit 2. Company shall have the rmiWeral
Paas 2
xs lean nonuse
right to substitute for or add to the Benefited Property any of the Annexable Property deathbed
on EaLift 3.
1.04 Wkleft hg==lgW small mon those uWovanerma
doscnW on Exbibit 5 attached hereto, which Builder is to construct in the Project ea provided in
this DECiaratiou.
1.05 "Cy " shall man the City of La Quints, California
1.06. ' shall mesa all real property and the
Improvements constructed thereon, designated by Company to be maimeined by the Master
Association or any Sub -Association, pursuant to a supplementary declaration of atmwration
recorded against the Burdened Property by Builder.
1.07 Tatman Pmoertiee shall mean all real property and the
improvements conehucted thereon owned in fee or casement by the Master Association or any
Sub-Assomatim, membership is whim a appcab®mt to the owns* of the Residences, for the
common use and oWaymad ofthe members of such association.
1.08 ` Co domirrium Plan" shell mean my candomimmin plan now or
hereafter recorded against the enols Burdened Property, or portions thereof, far the devebpment
of the Burdened Property with.Residences.
1.09 "-CaW shall mem Riverside County, CRhfomia
1.10 "Inpponallv(Mritted"
1.11 "l Iioosily Omitted"
1.12 "
1.13 "Develonment Documents" shall mem all of the written
agreements between Company and BmWer, reowded end wnecorded, concerning the acquisition,
development and ado of the Burdened Property including, without limitation, the follorvinr. .
(s) Pwchgw Agmg2gLL The Agreement of Purchase and Sale
and Joint Escrow Instructions, including all exhibits thereto, under which Builder aequited the
Burdened Property from Company (the "Puroltcae Areenent'9;
(b) Qgg The Chant Deed;
(t) QWW The Option Agreement and Escrow, hnatructions
mrder which Builder has granted Company the option to reparclum the Property v>dca certain
tams and conditions, and the Memorandum thereof recorded concmta+tly herewith; and
(d) Djmkpment Deelaretion Ibis Declaration.
Prue 3
itsicaditepodAremcimadoe larva
1.14 "" shall mean the California Department of Real Estate or
such other gover mammal agency of the State of California sudmized to administer the sale of
subdivided lands ptneuent to Sections 11000 at seq. of the Celifinmia Business and Professions
Code, or any similar California statute hereinafter enacted.
1.15JA Management shall mean all documents that
Builder submits with any Applications in support thereof or ancillary thereto.
1.16 "Mmketing Guidelines " shall mean those certain advertising and
madoeting guidelinesand all amendments theretoprepared by Company from time to time to
regulate the fimm, eoutent, type, location and timing of all forms of advertising for the Project,
the Residences, and other improvements that Builder develops on the Burdened Property.
1.17 "Master Association" shall moan the PGA WEST Master
Association farmed for sue purposes of maintaining the Master Association Properties and
performing certain other doses and fimcdona as provided in die Master Declarstiom or if the
context so provides, any other "Association" (as defined in Section 1351(x) of time California
Civil Code) Sermed for the purpose of administering or mamtainmg Common Properties andler
Common Area in connection with the Burdened Property.
1.18 "Master Assoddion Prooerties" shall mean the Common
Properties owned by the Master Association and designated as the "Association Property" in the
Master Declaration.
1.19 "Master Declaration" shall mean that certain Master Declaration of
Covenants, Conditions and Restrictions for PGA Wast, Riverside County, California, recorded in
the Official Records of Riverside County on January 22, 1986, as Instrument No. 15569, as
amended.
1.20 "Other Builders" shall mean any other builders in the Project who
are engaged in the development of properties in die Project adjaoemt to or nearby tate Benefited
Property. If Company is contracting dwelling units or otter improvements on any such
adjoining or proximate property, Comprty shall also be deemed an "Other Builder" heramder.
t.2I "Other Builders' Imomvemar fs" small now those improvements to
be constructed by the Other Build= on or near the Burdened Property described on Exhibit 6
attached hereto.
1.22 "Outside Permit Issuamcs Date" shall mean the date which is
eleven (11) years atter the recordation date of this Declaration, which aWl be the outside date by
which all of ire building permits required for the construction of Residences our the Burdened
Property must have been obtained.
123 "Phase of Donlonment 1 shall mean a portion of the Burdened
Property for which the DRE has issued a Final Subdivision Public Report
P"sea
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1.24 "Oaelifvine Sale of a Residence" shell mean the close of escrow
for the sale of a Residence to a member of the home buying public pursuant to a Final
Sobdivision Public Report issued by the DRE. TIM of escrow" es used in this Section means
the date on which a deed or other insk maent conveying title to to homebuyer is recorded in the
Official Records of the County.
1.25 "ally Omitted"
1.26 "Seller's Obliastions" shall mean any improvements to be
constructed by Company on the Burdened.Pmpaty as provided in paragraph 42 of the Purchase
Agreement
1.27 "Sucdfic Plan" shall collectively mean Specific Plan Nos. 90-015
and ti3-002.
LAshat mean the PGA WEST Fairways
Association or if4kip. t. so pmvi any other "Association" (as defined in Section 1351(a)
of the California Civil cr than the Master Association, formed for the purpose of
admimeteaingor maintaining Commma .Properties, Bullar Common ,Armin eq=oction with the
Broden@ Property.
129 "shall mean that certain "Declaratiom
of Covenants, Conditions & Restrictions" recorded February 11, 199.9 as Instrument No. 056440,
as amended pursuant to a document recorded October 13, 1999 as Instrument No. 453346.
1.30 "Subdivision Mme" shall mean any subdivision map now or
hereafter recorded against the entire Burdened Property for the development of the Bwdened
Property with Residences.
131 "Unavoidable Delay" shall mean any prevention, delay or stoppage
in the building of Residences or the performance of any other obligations of Builder as provided
in this Declaration, which pmvendon, delay or stoppage is caused by (a) sot of God, war,
inability to obtain labor or materials or reasonable substitutes therefor. (b) moratoria, regulations
or controls imposed by the City. the Courcy or other governmental or quasi -governmental
agencies or entities (sometimes individually called a "Moratorium" or collectively called
"Moratoria"), (c) this inability, through no fault of Builder, to obtain permits or other necessary
governmental approvals, (d) inclement weather or (e) other similar matters or ceuaea beyond
Builder's reasonable control. no occurrence ef.an Unavoidable Delay shall extend the time
within which this Doolaration requires certain acts to be perfomred for a period or periods equal
to any period of such Unavoidable Delay, provided, bowaver, that (a) nothing in this Section
shall excuse the prompt payment of any and all amounts due from Builder to Company as
required in any of the Development Documents or the performance of any act rendered difficult
solely because of Builder's finsadal c=did m, and (b) in no event shall any extension for any
period of time be deemed to have occurred unless Builder gives Company written notice within
thirty (30) calendar days atter the occurrence of any such Unavoidable Delay, setting forth the
facts giving rise thereto.
hats
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ClUgtalimd tams not otherwise, da8oed haeiu above shall have the weavings
ascribed to them in the Purchase Agreement.
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2.01 Government Ammonh and Pannits. Badder sball obtain, a its
sole cipense all City, County and o&w Vverm altal approvals which may ftan time to time be
required for the davolopment of the Burdened Property in accadaoce with the Subdivision Map.
any Condominium. Plan, dre.Spectfic Plan and Bur7dees obligations under the Development
Documents,
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MOL etc. Builder shall submit to Company end obtain Company's approval of do following
Applications and related Lragal Man nt Documeaft, Subdivision Maps, Condominium
Plana, Specific Plans (and ameadments thereto) and/or soy Davehopment Agreaoemts, that
Builder intends to submit for approval from the appheable governmental agencies in connection
with the Burdened Property, prior to submitting same for approval from sob applicable
g
(1) Notice of Intention to be submitted to the DRE
(DRE 624):
(2) Notice of Aeration of any applicable portion of . -
Burdened Property into the Master Association and 6u' C irb Association;
L..,.'°'
(3) Any and all doemnotift evidencing the formation of
a Sob -Association on any potion ofthe Bmdened Property,
(4) hidividoal Chug Deed Form consistent with the
covenants, conditions and restrictions and teeavatioos contained in the Grind Deed conveying
title of the Burdened Property to Builder;
(S) Any doeds or easerocuts conveying interests in the
Burdened Ptopaty to the Master Association;
(6) Any other Applications and/or Legal Management
Do umosts that the Company requests in writing
(7) 71e Subdivision Msp(s including all revidow
thereto. Pay Development Agreements, Subdivision Improvements Agreements and other related
contracts with the City, and
(8) Any Condominitmt. Pians, including all revisions
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Company shall not mucasonably withhold or delay giving any such
(1) Submission to Company. Before- Builder
cormnences any excavation or grading of the Burdened Property or the conshuction or
installation of any Residences, landscaping or other impmvemems thereon, Builder WWI prepare,
submit -to Company and obtain Compmys written approval of the following plain and
specifications applicable to such excavation, grading, construction, installation, landw*ng or
other improvements (collectively called the Movelopment Pram'):
(i) A Phasing Plan showing the sequence,
plotting and location of all Residences and other improvements;
(n) Arrhitoctural Plans including Floor Plain,
Elevations (including eahrier Wall and trim colon and materials);
(1h) Wall and Force Plan
(iv) Description of materials to be used in
exterior surfaces, driveways and fencing;
(v) Landscaping Plans, including without.
Iimitatim the gratia, contours, plant material and improvements to be located on the Property
(the "improvement Area'). Notwithstanding anything to the contrary contained heroin. Builder
ar]mowledges and agrees that Company shall have the right in its sole and absolute discretion to
approve all grades, contours, plant material and improvement's constructed, installed or
otherwise placed within the Improvememt Area In addition, Company shall have the right in its
sole and absolute discretion to require Builder to indell on each rasidential lot located on the
Bmdeaod Property, ADM side and/or rear yard landscaping and lighting improvements (subject
to Campmry's approval, including without limitation, approval of the plant material, size and
overall dmp) and to require that such impstrvements be dosigmted as Common Area,
(vi) Any other Development Plana that Company
requests in writing; and
(vii) Common Areas and Recreational Facilities
to be located on the Burdened Property.
Builder shall also submit to Company (tor its information
and files only) as soon as available, a copy of all Grading Plains and Improvement Plans as
Wwvod by the City.
(2) Detail RMaked• Company may require sad detail
in the Development Plans submitted for its review and approval as it deems reasonably necessary
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or proper. Company may postpone its approval of any Development Plans submitted until it has
received and bad an opportunity to review all required materials.
(3) Ccslditions to AmorovaL Company will approve
Development Piaui m6nitted for its approval only it in Compaoys reasonable judgment, the
improvement work contemplated theeem satisfies all requirements set for91 in the Development
Documents. Company may condition its approval upon the Btulda's agreement to (a) make such
changes them as Company deans appropriele; (b) grant my appropriate maintenance
cuements to company*
ociation, as applicable; (e)
reimburse Company, sub-Association or the Master Assoda>ien, as'sppffczie. for the cost of
maintenance; or (d) an', - into such other reasonable arrangements with Company as Company
may dean accessary to assure completion of the proposed improvement work in a manner that
benefits the Project and is fire of mechanics lints or other encumbrances. In addition, Company
may require submission of additional pians and specifications or other information before
approving or disapproving the Development Plans submitted. If however, the City, County or
other governments] agency having jir3sMWoR over Hee " utsfa7t on'oi he_
improvements described in the Development Plena submitted has previously required a
completion bond for such improvements, then Builder shall not be required to provide any
additional bond or other security to Company as provided above.
(c) Street Names Any change in the names of all stra is that
Builder will be constructing on the Burdened Property arc subject to Company's prior approval,
in Compamy's sole discretion.
2.03 Review and Approval Procedures. Initial submittals of all
Applications, Legal Management Documents, Development Plana or other documents or items to
be submitted as provided in the Development Documents (collectively, the "Submitted
Materials") shall be reviewed and approved or disapproved by Company as follows:
(a) initial submittals of all Applications and Legal
Management Documents shall be reviewed and approved or disapproved by Company within ten
(10) business days of Company's receipt thereof; and
(b) Initial submittals of Development Pians and all other
Submitted Materials shall be reviewed and approved or disapproved by Company within ten (10)
business days ofCempm/s receipt thereof,
Any amemdmemis to any of the Submitted Materials (including
those required to respond to any DRS Notice of Deficiency) shall be reviewed and approved or
disapproved widim five (5) business days of Company's receipt thereof. if Company disapproves
any such items, Company shall state the reasons for such disapproval in a notice delivered to
Builder within the time required. Builder dull resubmit, within sixty (60) calendar days of
reex. of Companys written request for corrections or revisions, a new set of the Submitted
Materials which incorporate Companys corrections or revisions. Compsnys failure to timely
disapprove my Submitted Materials shall be deemed its approval of the sane. Company's
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approval shall not be uumeasonably withheld and, except as otherwise expressly provided in the
Development Documents shall be pafoaned at Compa rys sole expense:
2.04 No Waiver of Fuhme Anorovala Company's approval of arty
Submitted Materials shall not be deemed to constitute a waive of any right to withhold approval
or consent to any other Submitted Materials including without limitation, otha Submitted
Msterials mmmil to Submitted Materials previously approved by Company
2.05 SScooe of Review. Company shall review and approve or
disapprove all Submitted Materials solely on the basis of the considerations act fath in the
Development Documents. Company shall not be responsible for reviewing, nor shall its approval
of any Submitted Materials be deemed an approval from the stand-point of, enginemim&
structural safety or confotmance with building or other codes.
2.06 Variances. Cemtpaiy may authorize variances from compliance
with any of the requirements of the Development Docimmeuts. Any such variance must be in
writing. The granting of a variance shall not in any way s5sat Buildces obligation to comply
with all governmental laws and agulatioro affecting the Burdened Property.
2.07 No material change shall be made to any document or
other item subject to Companye written approve{ ander the terms hereof; unless and until such
document or other item is resubmitted to Company for its approval as provided herein and such
changes shall be effective only after Company's written approval. Builder shall resubmit, within
sixty (60) calendar days of receipt of written notice from Company disapproving the proposed
cbanM a revised version of the document or other item uxorporstiag Company's required
corrections or revisions..Companys failure to approve resubmitted documents or other items
within five (5) business days of Company's receipt thereof shall be deemed Companys approval
thereof.
2.08 Worreaty. Builder warrants that (a) construction of Residences or
other improvements on the Burdened Property or adoption or recordation of Legal Management
Docmlaents, as applicable, will not be commenced or implemented until the Development Plans
therefor, and, if Company bra so requested, the Legal Management Documents and Applications
therefor, as applicable, have first been approved by Company pursuant to this Article 2, and (b)
development of the Burdened Property and construction of Residences and other improvements
thereon shall be completed in substantial accordarm with the Development Plans, Legal
Management Domuco% as applicable. Apphcrations, as applicable, and other materials
approved by Company.
2.09 Builder acknowledges that from time to time
Company may sok to obtain entitlement approvals, tentative tad maps, specific plans (and
amendments thereto) as well as amendments to the zoning (collectively "Entitlements),
covering the Benefited Property. Builder agrees that it will not appose any such Entitlements and
will support and cooperate with Company in obtaining approval of such En itlemrants provided
that (a) the proposed Entitlements do not materially, advewely impact upon Buddces
development or use of the Burdened Property in accordance with the Development Documents,
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and (b) BundWs support of such Entitlements shall be without coat or CZPWW to Bandar.
Provided, however, Builder may not oppose any Entitlements for the Benefited Property due to
the fact that such Bptiflements• involve was and/or development that dmx*, or indirectly
competes with Builder' uses or proposed taxa on the Burdened Property.
=7,1=17-77V 7 .f OJ' 2if
(a) Construction Within ninety (90) days after the
recordation of this Declaration, Builder shall submit to Company for its approval (in a form
approved by Company), a construction schedule covering all the Residences and other
improvements to be constructed on the Burdened Property by Builder (or on agars 'or nearby
property if required under the Development Documents) and the timetable of such construction
(the "Construction Schedule") Thereafter during the term hereof, at least once every ninety (90)
days after the initial Construction Schedule is submitted, Brander shall submit an updated
Construction Schedule to Company for its infarsmtion.
(b) Commencement of Construction. Subject to Unavoidable
Delay, within twelve (12) mouths of the recordation of this Declaration, Builder shall, at its role
expense, begin construction of all infrastructure and other site and dot improvement; necessary to
construct Residences and other improvements on the Burdened Property pursaw to the
Development Plans .and Contraction Schedule approved by the Company pursuant to Sections
2.02(b) and 3.01(x) above, respectively.
(c) Product Recammendatioa All Residences to be
constructed upon the Burdened Property shall be in substantial accordance with the PGA WEST
Product Recommendation attached hereto as Bxhrh'bit 4 (the "Product Recommendation").
Builder admowledges that adherexce to the Product Recoameadatiort is one of the material
considerations that induced Company to sell the Burdened Property to Builder. Accordingly,
Builder agrees not to materially deviate Seam the Product Recommendation without Test
obtaining Company's prior written consent, which consent Compaq may give or withhold in its
sole discretion
(d) Continuous Operation and Comoderioa Subject to
Unavoidable Delay, Builder shall proceed diligently and continuously with the development,
construction and sale of all of the Residences and other improvements that Builder is obligated to
develop on the Burdened Property as provided herein. Builder's development of the Burdened
Property may be accomplished in phases.
Builder shall only be deemed to be in material breach of its
obligation of continuous operation as described in this paragraph, if for any reason other than an
Unavoidable Delay, either.
(1) Builder fails to obtain the issuance of all building
permits for at least twenty-four (24) Residences to be constructed on the Burdened Property
Pere 10
aSrrmn%WPWOAFVMC1 mrAue rortust
within a twelve (12) morth period commencing eighteen (19) months after the date of this
Declaration and therms farils daring each succeeding twelve (12) month period calculated on a
cumulativebasis, to obtain building permits for twenty-four (24) additional Residences on the
Burdened Property, or
(2) Builder fails to obtain Company's approval, which
approval shall not be unreasonably withheld, of a revised. Construction Schedule for tie
construction of an Residencies that have not been completed as of the date on which the revised
Construction Schedule is submitted.
Ftutb=or% Builder's Where to obtain all of the building permits
required for tbo Residences to be developed on the Bmdcnw Property by the Outside Permit
Issama Date and to theme0 diligently and contimtously pursue completion of the Residences,
for any reason other than an Unavoidable Delay, shall be deemed a material default by Builder
under this Declaration.
(e) Builder's Reoresenta els. Builder has rwesenied to
Company that it bas p wchased the Bmdeeed Property to develop it when and as provided in this
Declaration and that such representation was. a material consideration which induced Company to
sell the Burdened Property to Builder. Builds fmtha represents seri agrees that it shall (1)
construct the Residences, (2) convey fie title to the Residences and (3) not sell the Burdened
Property or any portion thereof unless the Burdened Property has been improved with
Resideooes, which right to sell is subject to all other terms end conditions of this Doclarati6n.
(1) Builder Ca»itment BuiSdar further ackwwledges that if
it had not Wood to undertake. the commitaunts.-set.forib in, this .Declaration (subject to
Unavoidable Delay), Company would not have. agreed to sell the Burdened.Propoty to.Builder
under the femme and conditions sat fico& in -the Purohaeo Agnxmeart,. and iiBuilder fails to ruse its
best eta to conform diligently sad in good faith with such commitments (subject to
Unavoidable Delay), Company will be depaived of the benefits of continued ownership of the
Burdened Property, including appreciation
3.02 Additional Construction Roauiremeats.
(a) Builda's Im$rovemmts In addition to its obligation to
diligently construct Residences on the Burdened Property as specified in this Declaration, Builder
shall be obligated to design, construct and install, at its sole expense, any Builders Improvimetts
in the mower specified on Exhibit 5. Additionally, and without limiting Builder's obligations
under the Development Documents, Builder shall also design, construct and install, at its sole
expense, all improvements required on the Burdened Property by the City, County or other
govetmnental authorities. All. of such improvements shall be subject to all of the provisions of
the Development Documents [elating to the approval and construedon of improvements on the
Burdened Property.
(b) Cornaenceorert of Cwmstructiaa Subject to Unavoidable
Delay, within twelve (12) months of the recordation of this Declaration, Builder shall, at its sole
Posen
KSt.CwdiWPWd AFWSrXIMr.aae n 10111/04
eapmse, commence construction of all inf astrucbue and other site and lot imFwAxnents
necessary to construct Residences and other improvements on the Burdened Property pfrausui to
the Development Plans and Conshuctim Schedule approved by the Company puna a it to
Sections 2.02(b) and 3.01(x) above, respectively, and diligently and continuously putsva the
construction and completion thereof within eighteen (19) months following the commencement
of construction thaeo£
(c) Reservation of Construction Easernent Company hereby
reserves to trach its successors and assigns, togetbw with the right to grant and transfer the same
to Other Wders, a nonexclusive casement over the Burdened Property for the Purpose of
constructing the Other Builders' Impwvemmfts; provided, however, that in no evert shall the
exerrSse of such easement rights unreasonably interfine with Buildor s development of the
Burdened Property.
(d) Burildea'a Fatlrm to Construct Buddds Imtnovemrnts Tf
Builder fails to timely complete any of Builder's Impwvmreafs, Company shall have the right,
but not the obligation, to enter upon the Burdened Property and complete such improvements.
Company's completion of sueb-work shall be performed at competitive rates and prices. An
amount equal to one hundred patent (I00%) of Company's actual casts in completing such
unfinished Bwwors lmpwve mrnts shall be due and payable by Builder within thirty (30) days of
Company's written request thmdor.
(e) Warranty and hrdemnity. If Company undertakes
construction of Bundees Improvements hereunder, the indemnity, warranty and other provisions
of the Development Docamenffi relating to Builder's Improvements shaft apply to that portion of
such BuNces hnprovenxm as constructed by Builder.
(t) Correction of DARcts. If slopes or any other portion of the
Burdened Property on which m structural improv®eats have been constructed prove to be
defective or require repair so as to prevent the deterioration of the Burdened Property and the
improvements, slopes or lmtdscaping constructed or installed thereon by erosion or otherwise,
Builder shall, within ten (10) business days after Companys written request, begin eorteeting
such detbet or eoffecting such repair and, thereafter, diligently and continuously proaecme such
correction or repair to completion at Buiieiets sole expense. Builder shall be obligated under this
Section regardless of the reason requiring such action, unless such repair or mpla ement arises
out of or constitutes a "Company Liability'' pursuant to Section 14 herco£
(1) If Builder fails to begin correcting such defect or
effecting such repair within such 10 -day period, or if Builder timely commences but falls to
diligently and continuously Prosecute such correction or repair to completion, Company shall
bave the right, but not the obligation, to alter upon the Bwdated Property to take such actions as
are necessary to correct such defect. Any costs Company mune in per6orming such corrective
work shall be due and payable to Company by Builder and amounts unpaid shall bear interest at
the maximum we permitted by law. The Parties acknowledge tbat work undertaken by either
party under this Section shag not be an admission that such party is responsible for the defects so
corrected.
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(2) Buildoea obligations under this Section 3.02(f) are
in addition to and not in limitation of any other obligations of Builder to comrect ddWm in the
Residences, the Common .Properties or other porhous of the Burdened Property, whether
pursuant to the Development Documents or otherwise. This Section is not intended to apply to
Builder's obligations under law to purchasers of Resldenoes under warranty or other theories.
(8) . Repair of Dama^e, Any damage to any improvements on
adjacent or nearby property of Company or Other Builders caused by Builder or any of its agents,
employees, Unctuous. invitees or contractors, shall be rRiedrad and restored by Builder at its sole
mrpemso. If such repair is not commenced within tem (10) buducas days of Company's written
request and thereafter diligently completed in a timely mummer. Company shall have -the right. but
not the obligation, to complete the repair of such damage and shall be reimbursed for the cost
thereof pmaoent to Section 3.02(1) above.
(h) Construction Access and Job Site Ivfaintexrarce. 1'a
connection with Bulkleeo constitution of improvements on the Burdened Property, Builder
agrees to only utilize the oenstruotion access designated fiom time to time by Company, and the
Sub -Association and the Master Association, (if applicable), to gain eceass to the Burdemod
Property by Burilders a mployeas, agents, consultants, contractors, subcontractors, suppliers and
materiahnen. Company shall use its reasonable efforts to provide Builder with reasonable
construction access to the Burdened Property during nomtal construction limo periods, subject to
conditions beyond Company's resemble control. Failure to Mary to provide Budder with
reasonable oonsnuction socces shall constitute an Unavoidable Delay for and daring the period of
any such lack of construction ,arras. Braider shall clean and remove frnae the Burdened
Property within sevemy-two (72) hours after completion of any work on each lot thereof all
excess materials, ogmpmm t, debris and rubbish. Thu cost and expense of such removal shall be
paid by Badder. • Builder shall not dispose of said excess combustible material, equipment, debris
and rubbish by boning the same at or now the jobsite. Notwithstanding the foregoing, Builder
shall, during progress of any work performed on the Burdened Property, frequently clean and
remove from the Burdened Property all exam materials, debris, equipment, refuse and scrap,
subject to Compaor/a fill satisf Cation and appmovaL If Builder fails to meet its obligations with
respect to this paragraph, Company may, at its option and in its sole discradon, cleat up and
remove any each debris that Company deems appropriate for removal hereunder, at Builders sole
cost and expense. In addition, Budder shall promptly comply with all blowing dot and sand
mitigation regulations and requirements in affect fven tine to tine as established by the City,
Company, and the Sub -Association and the Master Association (if applicable).
Somu Flaa. Budder shall reasonably m ti►
ty
Company, Sab•Associstion. end Master Association in connection with establishing a °Seceity
Plan" covarirglhe.Frtjext and the Golf Coarse Property. Such Security Plan shall include an —'
allocation of the coals incurred pursuant to such Security Plan, among Company, Builder, Sub.
Association and MasW Association. Budder shall have the right to review and approve (which
approval shall not be unreasonably withhold) the Security Plan, including the cost allocation ad
forth therein, as a condition to Raider agreeing to be bound thereby
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xsrr.«sererwRnnvsratze'roKr.aoo monrA.
.3.03 Sales and Closine Forecast Schedules. In order to monitor
Builder's progress in meeting Builder's commitments ander this Declaration, and to enable
Company to com idinate improvements to the Benefited Property and Amexable Property with
the Construe don Schedules for the Burdened Property. Builder shell submit to Company for its
approval Cur a form provided or approved by Company) a quarterly sales and closings forecast
schedule, showing the estimated timetables for the sale and close of Residences in each Phase of
Development of the Burdened Property, commencing apon the DUN issuance of the Final
Subdivision Public Report for each such Phase ofDaMopmerrt
3.04 Plum Builder may develop the Burdened Property in Phases of
Development, subject to the time requiraments specified in the appmved Construction Schedule,
the provisions of Section 3.01(d) concerning continuous operations and completion, and the other
provisions of the DevelopmentDocummus.
3.05 QM Builder, at its sole cgxn , shall pre wire and install a
complete cable television ("CATV") system within each Residence in accordam with
teasom" specifications fiar ished to Builder by the cable any authorized by the City to
provide cable services to the Burdened Property (the "Cable Company').
Such CATV system stall include pmwiring of comrial cable, plaster rings,
wall plates, sweeps and an access box in each Residence for at least three (3) service; outlets in
each Residence. Builder shall also provide for the Cable Company, at Builder's sole expense,
joint utility access to trenches within the streets of the Burdened Property and from those streets
to each Residence. Builder shad provide the Cable Company with at least seventy-two (72)
hours` prior notice of the availability of open trenches and of all joist trench meetings.
3.06 Co mhu;fion Parleina. Stasiaa and Materials. Builder hereby
agrees that it shall not conduct or allow any construction staging and/or otherwise cause or allow
any constracdon vehicles, materials or supplies to be packed, placed, stored or allowed to remain
(collectively, "Construction Activities") on any portion of the adjacent or nearby property'of
Company or Otter Builders or the adjacW golf course property without the axprtea prior written
approval of the owner of such adjacent or nearby property upon which Budder wishes to conduct
the Construction Activities. In addition, Builder agrees to conduct the Construction Activities in
such a way as to minimize inteaferance with traffic flow on all shift within the Burdened
Property In the event Builder determines in its reasonable business judgment based on prudent
construction methods, that it will be necessary to temporarily block a street within or 4acent to
the Bmdened Property, Builder agrees to give the adjacxnt property 'owners (including
homeowners) that gain access to their respective properties from such street that is proposed to
be blocked ("Affected Property Ownen, at least saventy-two (72) hours prior written notice of
Builder's motion to temporarily block such street In addition, prior to temporarily blocking
any such great (in addition to providing rte prior written notice as set forth above) Builder shall
assume that any Affected Property Owner stall have altemMive access to their respective
properties. Notwithstanding the fmregomng, in no event shall Builder block access to an Affected
Property Owner's driveway access to their respective properties for a continuous period of more
than twenty-four (24) hours. Builder agrees to make all reasonable efforts, consistent with
X14
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Prudent construction metbods, to minimize the storage or stock piling of dirt Som utility tranches
and any related construction debris, on ally streets within or r4acernt to the Burdened Property.
3.07 In connection with tournaments (both televised, or
otherwise) hold on the Golf Course Property, Builder agrees to reasonably cooperate with and at
the request of Compsny, KSL Lead Corporation, CNL Resort Lodgins Tenant Corp. and CNL
Resort Ancillary Teo mt Corp. and/or their respective affiliates, provide access to the Burdened
Property, as necessary during such tomar®arts, to help facilitate same, provided any each seems
does not (in BuildW s reasonable judgment) ameasonably and materially affect any of Builder's
development and/or sales activities on the Burdened Property. Any such access on to the
Burdened Property shell be object to tams and conditions rossonably acceptable to Builder. In
addition, Builder OF= to take all necessary steps and make all reasonable efforts to curtail and
otherwise minimize noises generated from construction activities on the Burdened Property
during snob times as any such tournaments are being held
4. Prnjeet Mariteting and Advertiafng.
To insure that Buiidat ofiaimg of Residences is consistent with the overall PGA
WEST community offaizW, and to enable Company to monitor Builder's progteas and
compliance with Builder's obligations under the Development Documents, Company and Builder
agree as follows:
4.01 &grovel of Builder's Marketine Pmgrm Subject to the
Marketing Guidelines as may be in effect from time to time, Builder shall not offs Residences
for sale to the public unless and until Builder has obtained Company's written approval of
Builder's Marketing Program for the Burdened Property. Company's approval may be withheld
in Camparry's sole objective discretion, including but not limited to Company's determination
that Buyer's Marketing Program would tend to reflect adversely on the public image of PGA
WEST or the Company. Builder acknowledges and agrees that it may not use the risme or logo .
of "PGA WEST" without M Desert Resort, L.P.'s Mow Resorts') prior written approval
and subject to Builder entering into a license agreement to be prepared by Desert Resorts, setting
forth the terms and conditions in Desert Resorts' sole discretion, of any such use. For purposes
of this Doclarsdup, Builder's Marketing Program shall mean and refer to any and all advertising
matmisis, including without limitation, newgmp=% magazines, newsletters, television, radio,
internet, press release, promotional rn sis, contests/drawn"m signs. billboards, bannas,
brochures, handouts, phOtDpgbg, graphics, mpos, and and depictions.
Builder's Marketing Program shall include, without limilidoa (a) Bvildei+'s marketing goals and
strategies, (b) the names) and logo(s) under which the Burdened Property is to be marketed, (c)
all proposed lighting, and entrance, Project and regional signs and displays for the Burdened
Property, and (d) Builder's overall plan for any magazines, uewspapas, brochures, billboards,
press releases, collateral and promotional materials, and all other ft ins of advertising pig
to the Burdened Property. Companys review and approval shall be limited to insuring that
Bumces Madwiing Program complies with the Development Documents, the Marketing
Guidelines. the Specific Plan and Company's overall development play fur the Project. Company
shell roview and approve or disapprove BuiMWS Marketing Pmgrnm materials within five (S)
business days of Compsays receipt thereof: Builder shall provide a copy of all distribution and/or
Page 1S
RBI.Co ebihPuAfiAp/Pll.doa le/ll/M
publication materials to Company, as soon as available. Builder shall rantmirt to Company for
its approval any advertisements or promotional materials which substantively deviate from the
approved Builder's Marketing propun. Such reambmitted materials shall be deamod approved
unless disapproved by Company within five (5)• business days following its rexipt. By
approving BuddWs Marketing program, Company sesames no liability for its compliance with
applicable laws and regulations, or the accuracy .of the content or any representatious made
thareim. Builder shall indemnify Company and hold it harmless Som.all liability arising from
Builder's Marketing Program and Builder agrees that such indemnity is included in the
indemnification provisions of Section 14 hereof: If (a) Builder makes a written request to
Company to provide statements concaving the Burdened Property or the PGA WEST
community of which it is a part, and (b) in such requests states that such statesnmts will be. used
in Buider's Marketing Program, Company shall imdenindy Builder against any liability arising
out of any misrepresentations continued in the information or statements provided by Company
to Builder in response to such request; provided, however, Company shall be under no obligation
to provide any Bach information or statements to Builder.
4.02 Sim Subject to the Marketing Guidelines as may be in effect
from time to time, Builder may place advertising signs (a) on the Burdened Property or elsewhere
in the Project only atter Company's prior written approval in its sole discretion, of the location,
content and appearance tbemo4 and (b) outside the Project only after Company's approval in its
sole discretion, of the content and appearance thereof. Except as provided in the preceding
sema ce, Builder shall not place or display or erose to be placed or displayed, any other signs,
flags, banners, serial advertising devices, displays or other such marketing devices pertaining to
the Burdened Property szWor the Project anywhere within or outside the Project.
4.03 Sales Office and Models As a material part of its Marketing
Program, Builder dhall instal and operate the following on the Burdened Property.
(a) A sales office that is either a ficestanding building or
modular unit or is within a Residence that has been specifically designed as a sales office. The
location, design and fiunishings of the sales office are subject to Company's prior approval
which approval sham not be ooseasonablywithheld, and
(b) A professionally fin fished and landscaped model home
representing each model of Residence being.of Bred for sale. Builder shall have the right to sell
any such model home to the home buying public pursuant to a Final Subdivision Public Report
issued by the DRB provided Builder thereafter promptly replaces such sold model home with a
new equivalent model borne.
4.04 Community Disclosure Notices Builder shall -disttibato to and
shall obtain receipts from its purchasers for any disclosure notices requested and provided by
Company for the purpose of informing prospective purchasers of relevant facts concerning (a) the
pl rA WEST community in general, and/or (b) activities or uses on or adjacent to the Burdened
property, some or all of which may impact upon such pwchascre use and enjoyment of their
Residences. Such roo opts shall be forwarded to Company, if Company so requests. Company
shall provide Builder with copies of any such disclosure notices at least five (5) business days
Page 16
xatC 1AW 1WHM
prior to the date Builder is required to distribute same. Builder shall have the right to review and
comment (but not approve) any such disclosure notices within said five (5) day period.
4.05 Sales Activity Stateanenta Subject to the Marketing Guidelines as
may be m effect bion time to thee, Builder shall fiunish a oil= activity statement to Company
once a week. Such statement shall be in the form prcaerlbcd by Company and shall show all
reservations of Re4dencM sales agreements exacted and sales escrows closed am the last
monthly statement and other similar information.
t ._i_K •_ L.. , ., . ,
(a) Recorded Vesian The Burdened Property is presently
identified as Annexable Property under the Master Declaration and the Sub -Association
Declaration that have been nxorded against the Burdened Property and certain other parcels of
property is the Project.
(b) Amendments. Company and/or Desert Resorts may desire
to soak an amendment to the currently recorded version of the Master Declaration to incorporate
such changes, additions or dilations (collectively -called Waster Declaration Amendments') as
Company and/or Desert Renmts may dean to be necessary or appropriate in connection with the
development of other property in the Project. Builder agrees that it will not oppose any such
Masta Declaration Amendments and will support and cooperate with Company and/or Desert
Resorts in obtaining the approval thereof; Company and/or Desert Rasuts will provide a copy of
all Master Declaration Amendments to Builder.
(c) Builder's Ride to Anorom Company and/or Deng
Resorts ahall submit to Budder, and Builder shall have the right to approve any Master
Declaration Amendment that materially impacts the Burdened Property. Bailda shall not
umrmsonably withhold or delay its approval of any such Masts Declaration Amendment that
Company is required to submit to Builder for approval. if Builders written disapproval is not .
given within five (5) business days after the proposed Master Declaration Amendment is
submitted to it, Builder's approval shall be deemed given.
(d) BBuildoes QggliilM, Builder agrees to 000pam fully
with Company in connection with Snaliung and recording all the Master declaration
Amendments. Such cooperation shall include, without limitation (1) providing Prompt approvals
of any Master Declaration Amendments submitted to Builder for approval as provided above or,
if a disapproval is given, promptly providing many with Builder's suggestions as to how
Buddde's disapproval may be rectified and (2) promptly signing if applicable, 811 Master
Declaration Amendments to be recorded and causing all persons and entities with liens or
encumbrances against the Burdened Property that were imposed n a result of Builder's actions,
to sign such consent and subordination documents as ConpauYs title maurer may require to
unsure the continuing record title priority for the Master Decleratiot.
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KSLr -di%Lbw ck%F WSFAC I mldec 10/im
5.02 Mester Aaeodstkm Builds attrea's to annex aod_aubjact the
resp. w` aa'b e for t aisintieoinix of various Master As®oea'atioa Properties. If Company so elects,
in its discretion. Builder shall amus the Burdened Property or portions thereof: as Company may
desipmet from time to time in its discretion, to the Master Association but in any event (unless
Company space otherwiso in writing in its sole diserdion) the Burdened Property shall be
annexed to the Mester Association prior to the sale of any portion of the Burdened Property and
esuamt to_the A rMpmeatt Ryg rFg, oa.o nan`7Cioas at`PG'A'WBS"f utlder
wimmwledges and agrmx that in coqumction with the maintenance of Association Common Arse
as described in Section 5.05 blow, the annexation of the Burdened property or portions thereof
to the Master Association andira Sell=%lesocia5on; is an irmicai part of con yto carrmt plan
slic8 s>1Cfl.tpaiAaalaAce.4f l ,aeociatlat.Commm
. Ana idpr overnenta tiaongiroirf'lfie ovEiffii
....,...
PGA WEST Project. In addition, Builder eclmowledgen amd'agiees fMet $iiilifez"'shell'ba --
responsible for payment of its prorsta share of Master Association Common Area uses
which payment may be in the farm of association dues in connection with annexation of the
Burdened Property or portions thereof to the Master Association as directed by Company
pursuant hereto, in the form of reimbursement to Company for Builder's prarttte share abatable
to the Burdened Property, of Company's payments to the Meow Associ tom .far Masts
Association Common Area expenses (as more particularly described in Section 5.08 below), or in
the form of payment of Builder's prozasa shore of Retained Common Areas opeeatin&
mainteoance and services costs (as described in Section 5.05 below). Upon the written request of
Company, Builder $pees that in connection with Builder's filing of an applicatiion with the DRE
for the issuance of a Final Subdivision Publc, Report covering the Burdened Property, or portions
thereof, that Builder shall include in such DRB filimg, cerlam Master Association Properties as.
designated from time to time by Company in such written request from Company to Builder.
(a) Tn msfer of Voting Plaits. In connection
annexation of the Burdened Property to the Master Association. Builder hereby
transfaa to Company and Dow Resorts with fill power of substitution, as the true and lawful
attorney, in fact, agent and proxy of Builder, all of the voting rights to which Builder is or will be
emitted, eoopled with an interta. for and in the name, place and steed of Builder, to vete upon
any and all own= which may lawfully cormo before the "Members" of the Master Association
(as such term is defined in the Muter Declaration). Except for amendments to tie Master
Declaration described above in Section 5.01, Company shall not exercise the voting rights Reran
transferred to it for the pmpow of voting to amend the Master Declazation without the prior
coneeat of Builder. Builder wicnowledgm that Company and Desert Resorts, as the owners of
the Annexabie Property, have signifies interests and tights to protect under the Master
Declaration and that this proxy is given to protect such interests and to further seems Builder's
duties under the Master Declaration and the Development Documents. Therefore. the proxy
panted herein shall be irrevocable and shall terminate with respect to voting rights under the
Master Declaration attributable to each individual Residence in the Burdened Property when the
Qualifying Sale of that Residence occurs. The proxy panted to Company, and Desert Resorts
pursuant to We Section shall not be coned mod as an assumption by Company and Desert Resorts
of army liability whatsoever resniting from or arising out of Buildte's activities in connection with
the ownwabip or development of, consttvctiom upon or resale of the Burdened Property and
PeseiB
Iden ionim
Builder shall indemnify Company and Desert Resorts from and against any and all losses, claims
or other liabilities arising from Builder's activities in oomection therewith, as fid Cher provided in
Section 14 below.
5.03 im of Sub-Amciadmi. Builder agrees to annex and
subject die Burdened Propertya ub-association (as more particularly described in section ,/
5.07 below). In connection with such annexation request, Company shall make a limited, non.
=elusive assignment of a potion of its 4Daclenw,5 Rights" to Builder if necessary in order to
permit Builder to arm m to such association as designated by Company.
5.04 No Other Homeowners' Associations. Without the prior written
approval of Cotmpany, in Compmy's sole diaQetrion, Builder shall not incorporate or otherwise
form a homeowners' association to be composed of any or all owners of Residences, nor mall
Builder subject all or any portion of the Burdened Property to a- declaration of covenants,
conditions sod restrictions.
5.05 Maiotmaiice of Association Comm, Builder agrees to
maintain all Association Common Area located on the Burdened Property. mdudmg without
limitation, strata and lmdscepitig, as well as landscaping and lighting improvements located an
individual residential lots on the Burdened Property in a neet, clean condition until such
Common Areas have been conveyed to the subject Association (Mester and/or Sub -Association)
and each Association bas accepted the Common Areas for maintenance. Company presently
intends to sell portions of the Benefited Property to other third party builders who will also be
responsible for maintenance of all Association Common Area located on that potties of the
Benefited Property sold to such third patty builders by Company. However,.Company in its sole
discretion, may elect to retain portions of the Benefited Property which will ultimately be
improvex! and designated as common areas to be mai rtaioed by either the Mostar Association
and/or a Sub -Association ("Retained Common Arena"). Upon Company's request, Builder shall
be required to cause the Retained Common Areas to be annexed to either the Master Association
and/or the Sub-Associekion as more particularly described in Sem 5.06 below. Builder agrees
that in addition to its obligation, to maintain the Comm Areas located on the Burdened
Property, Builds will be responsible for paying for the operations, maintenance and/or aervioes
for my of the Retained Common Areas adjacent to the BeaeSted Property. Company shall
submit a monthly invoice to Builder setting forth the costs of maintenance of the Retained
Common Areas, and Builder agrees to pay such invoice to Company within fifteen (15) days
from the "of receipt thereof. Builder expressly selmowledges that Company shall retain is its
sole and absolute discretion the right to determine the level of operations, maintenance aa<l/or
services for fe Retained Common Areas. in the event Company elects in its sole discretion,
Company may have the level of opertmona, maintenance and/or saviors for some or portions of
the Retained Common Area determined by Builder. in addition to the foregoing, Builder
acknowledges that in connection with annexation of the Common Areas (nmcluding Retained
Common Areas) to the Master Association and/or Sub -Association, it may be necessary for
Builder to enter into a subsidy agreement with the applicable Association whereby Builder agrees
to subsidize the operations, maintenance and/or services costa of the common areas (Including
Retained Common Areas) to the respective Association, and Builder hereby expressly agates W
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xartmdleePmo?IAa PBF7Qosn.dae 1011 1"
enter uAD such a subsidy agreement if Company requires Balder to do so, in Company's sole
discretion.
5.06 Aumation of Common Area • Upon Company's request Builder
shall, in connection with a submission of an application to the DRE for the issuance of a Final
Subdivision Public Report for a phase of its development, include such Retained Common Area
as designated by Company, in such application to the DRE and Wedar into a subsidy agreement
with regard to the maintenance costs thereof, as described in Section 5.05 above. If
improvements. within such Retained Common Area designeted by Seller are not complcted
within forty-five days prior to the date of the close of the first escrow is such phase, and it
becomes necessary to post a bond or provide other security to the DRE to ensure the completion
of such Retained Common Arem such bond or other security will be provided by Company.
5.07 Sub --As Bier a that the BucdoaedFroVcrW will
be annexed and sublon to the jncis i ,Qf ft 5,0It-Associatlau, on shall occur
at Company's tvrlttea iequo • The Sub-Associmion shall be responw6le for thd-ihaiiiYa'tAaoe'of
various Sub -Association Properties and may at Companys election in its discretion. maintain
Common Areca that are typically maintained by the Master Association in other arena of the
Project, including widrout limitation, entry gates, as part of a "Special Benefits Area", the cost of
which is assessed to the owners of residences within the Burdened Property. If Company so
oleate, in its discretion, Builder shall annex the Burdened Property or pardons thereof, as
Company may designate from time to time in its discretion, to the Sub -Association but in any
event (unless Company agrees otherwise in writing in its sole discretion) each portion of the
Burdened Property shall be annexed to the Sub-Aswciadon Prior to the sale of any such portion
of the Burdened Property. Builder acknowledges and agrees that,in conjunction with the
maintenance of Association Common Area described in Section 5.05 above, the annexation of
Ste Burdened Property or portions thereof to the Master Association and/or Sub -Association, is
an inhicai On of Company's currant plan resading such maintenance of Association Common
Ana improvements (including without limitation, the Common Arae located within that portion
of the Project lamwn as &a Norman Golf Course Project), as well as through out the overall PGA
WEST Project. In addition, Builder acknowledges and agneas that Builder shall be responsible
for payment of its pmrata share of Common Ana expenses which payment may be m the form'of
'association dues in connection with annexation of the Burdened Property or portions thereof to
the Sub-Asacciatiat as directed by Company pursuant hereto, or in the form of payment of
Builder's pcorats there of Retained Common Auras operating, maintenance and services costs (as
described m Section 5.05 above). Upon the written request of Company. Builder agrees that in
connection with Builder's Sling of an application with the DRE for the imasnce of a Final
Subdivision Public Report covaW the Burdened Property. or portions thereof; that Builder shall
include in eucb DRE filing, certain Sub -Association Properties as designated by Company in
such written request from Company to Builder.
5.08 1 fE Association Common Areas Psaeaaes Buyer
acknowledges that Company and/or its affiliates currently pays to the Master Association, an
amount equal to seven and are half percent (7'h%) of a portion of the Master Association
Common Arae oxpenees budget, as specified in the Mester Declaration which payment covers
Company's prorate share of certain Master Association Common Areas eatpeases, applicable to
Pwm
JauCWa ep W"A?wsF2C WIAW uai neo
the Burdened Property. Builder hereby agnea that effective upon the reeordatiom of this
Declaration, Budder shall assume (which obligation to assume shall be recorded against the
Burdened Property conearrently with or prior to the recordation of this Declaration and shall
constitute an obligation maoing with the bad) and pay to the Mast r Association on or before the
first day of each month such entire sever and one half percent (714%) Payment of the Mester
Association Common Areas expenses budget in effect from time to lime. Builder shall have tate
right with the prior written consent of the Mascot Association, to allocate such seven and one half
percent (M) share of the Master Association Common Arena wgxose budget which is
allocated to the Burdened Pmpaty as described above to "Owners of Dwelling Units' (as
defined in the Master Declaration) within the Burdened Property, provided such allocation is
equally assessed to all such Owners of Dwelling Knits within the Burdened Property. in the
event of such allocation to the Owners of Dwelling huts within the Burdened Property. Builder
shall remain liable to the Mester Association for payment of any each allocation not paid by soy
of such Owners ofDwelliog Units.
6. Minor Slopes and DaAeht Fills. Upon twenty (20) days' written request
from Company or any person to whom Company has trat sfeaed title to any of the Benefited
Property adjacent to the Burdened Property (collectively. the "Requesting Party"), mW,cxccpt to
the extent that entry would unreasonably interfere with .Builder's development of the Burdened
Property and the construction of Residences thereon, Builder shall permit such Requesting Party
to enter upon portions of the Bradeaed Property located within five (5) fent of Inch adjacent
property for purposes of making minor slope modifications and minor fills to sash portions of the
Burdened Property as may be required to complete the grading and development of the adjacent
property owned by such ReNestaig Party In no evant however, shall the Requesting Party
make major modifications to any slope or other portion of the Burdened Property or otherwise
perform any work which mateaaliy affects the davakWbility, marketability or value of the
Burdened Property or any portion thereof. The Requesting Party shall indenmify and hold
Builder and the Burdened Property fine and huutmlwa from all oosta, liabilities, losses, damages
and experism including reasonable attorneys' few and costs arising frmm the activities on the
Burdened Property of the Roquesfirg Patty or its agents and employees, and from all mechanics,
matetialmen's end other gene resulting from such activities. The Requesting Party shall also,
before entering upon the portion of the Burdened Property on which the work is to be performed,
deliver to Builder a certificate of liability insurance maintained by the Requesting.Party hag
coverage in the anoumt of Two Million Dollars ($2,000,000 00), with Builder named as an
additional masa& Company shall permit Builder to enter upon portions of the Benefited
property located within three (3) feet of the Burdened Property for the am= purposes, and
subject to the same tears and conditions, as set forth above for entrance upon the Burdened
Property by a Requesting Party. The Requesting Patty shall also provide Builder with reasonable
advance notice of its request, including the time and natrae of the requested work.
7.01 CoyersRes. Builder shall, at its sole expense, until the Burdened
Property has baa completely released from the Declaration, procure from companies acceptable
to Company and maintain the following insurance:
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(a) Wodrore Compensation Waskers' compensation coverage
as req=vd by few, together with employees liability insurance.
(b) I. 'a l' i • Comprehensive g raw WOW coverage for the
Burdened Ptopeaty and the operations of Builder in, on or about the Burdened Property with
combined single liability limits of not leas than Five Million Dollars (SSAW.000.00) per
occurrence unless otherwise agreed to in writing by Company. Such policy of insurance shall be
issued by an insruancx company having an AX Best & Co. rating of A or better and be admitted
to do business in the State of Califomia unless otherwise speed to in writing by Company. Such
coverage shall include, without limitation, the ibllowing:
(t) and contractors' basic coverage;
(2) Productr/completed operafiona coverage which
staff be maiatuned in et%ct on an annual renewal basis fur at least tau (10) years after final
completion and acceptance of his weak by Company,
(3) Owners' and contractors' protective •liability
(4) Owned, nncowned and hied motor vehicle liability
(5) Blanket contractual liability coverage;
(6) personal (bodily) injury liability coverage; and
(7) Broad form property damage liability coverage.
If specific riska are involved (e.& blasting or other hazardous
opevsdowa specific higher limits of liability coverage concerning such risks may be required by
Company.
. (c) All Risk Coverage Upon commencement of construction,
a standard "all risk" builders risk and fee and casualty policy for not less: than the full
replacement cost of improvements on the Burdened Property. Such insurance shell be course of
conduction coverage.
7.02 Policy Provisions. Each policy required under this Section shall:
(a) InmaWs. Name Company as an additioaat insured;
(b) Notice. Contain a provision that not less than thirty (30)
days' prior written notice be given to Company before cancellation or reduction in the coverage
or amounts;
r4wo.mmftr=mrvsn mwtAw ranuroc
(c) primpa Coveraee Provide that such policy or policies. and
the cavemge evidenced thereby ate primary and that Compmys nmuranoe to excess and
noncontributing with such primary coverage; and
(d) Cross liability. Contain severability of interest and cross
liability alanses.
7.03 Iniurpow Certificates. Except for the builders risk and fire and
casualty insscamx, Builder shall deliver certificates of inatranco on each policy to. Company
concurrently with the recordation of this Declaration as evidence of compliance with the above
regttiteme dL The certificate of insurance evidencing the builders risk and fire and casualty
policy shall be provided to Company immediately before Budder begins construction. A renewal
catifieate for each of the policies required in this Section shell be delivered to Company not lose
than thirty (30) days before my expiration date of the tern of such policy.
7.04 Blanket policies. Any policy requited by the provisions of this
Section may be made a part of a blenket policy of insurance so long as such blanked policy
contains all of the provisions regained herein and does not reduce tba coverage, impair
Companys rights or in any way negate the requirements of the Development Documents.
7.05 Survival of Covenants. Buildoes covenant and obligation to
maintain completed operations coverage insurance pursuant to Section 7.01(b) shall survive rho
conveyance of all or any of the Residences built by Builder on the Burdened Property.
7.06 Increases in Covertwe Amounts. The amounts of inaurimee
coverage as described in Section 7.01(6) above shall be ineaeased every two (2) yeas by a
minimum amount of ten percent (1 DIA).
a. OSHA. Builder shall at all tines comply with the requirements of the
Occupational Safety and Health Act of 1970, 29 U.S.C. Section 651 et seq, and analogous
legislation in California (collectively, the "Act's, to the extent that the Act applies to the
Burdened Property and any activities deacon Builder shall indemnify and holt Company
harmless from any liability, claims or damages wising a a result of a breach of the foregoing
covenant as finther provided in Section 14.
9.01 Builder Comolianex. Builder shall as applicable, at its sole
expense, comply with all of the requirements of the Maganson-Mose Warranty Federal Trade
Commission Improvement Act (the "Magnuson -Moss Act") and any rules promulgated
thereunder by the Federal Trade Commission, as such statutes and rules apply to the sale or other
conveyance of Residences and consumer goods sold in corJu ctien therewith. Also. without
limitation, it stall be Builder's responsibility, at its sole expense, to comply with any other
federal, state or local statute, ordinance, rule or regulation itnacted or promulgated for the
protection of consumers or persons purchasing of leasing real or personal property., as such
legislation or rules apply to the sale or other conveyance of Residences and consumer goods sold
PW23
tIAw comma
in ecounction therewith. The provisions of the indenanty given by B Mer under Section 14
shall apply to any loss, claim, demand, action, injury or ether charge, including reasonable
attorneys' fees and court costs, arising under any of the statutes and regulations described herein.
9.02 NAMM Records. Builder shall mair"n records reasonably
satisfactory to Company documenting Builder's compliance with its responsibilities as
applicable, under this Section 9. Such records shall be available for inspection by Company and
its agents or representatives at my reasonable time during normal business horns.
10.01 Books and Itawrds. Builder shall keep and twain, or corse to be
kept and MMUD14 accurate financial books and records concerning the development of the
Burdened Property, in s000adanee with generally accepted accounting principles. These firumcial
books and records shall include all supporting documentation relating to development expenses,
sales and cost of sales for each Phew of Development of the Burdened Property.
11. Annexation of Benefted.Prooertv. During the term of this Declaration
and subject to all applicable governmental laws and regulations, all or any part of the Ammablc
Property may be annexed to and became a part of the Benefited Property, and any portion of the
Benefited Property currently Benefited by this Declaration may be deleted from the Benefited
Property, without Bmldoes approval or consent. Additions and deletions of Benefited Property
shall be accomplished by recording a Notice of Annexation to or deletion form this Declaration,
which Notice need only be mcasnted by Company. Recordation of such Notice shall constitute
and effe u to the addition to or the deletion from the Benefited Property of the real property
described therein.
12. Enforcement of Restrictions. The covimants, restrictions and limitations
of this Declaration shall be subject to the following additional provisions:
12.01 General Poroose Constructive Notice The teams and
conditions of this Declaration sball run and pass with each and every portion of the Burdened
Property and shall be binding upon Bd 1der, its successive owners and assigns, and shall benefit
she Beaefited Property. Every person or entity who now or hereafter owns or acquires any tight,
title or interest in or to any portion of the Burdened Property is and shall be conclusively deemed
to have consented and agreed to every restriction, provision, r ovenmt, condition, right and
limitation contained herein, whether or not any reference to this Declaration is contained in the
hnsnument by which such person or entity acquired an interest in the Burdened Property.
12.02 hiscection. Company or its authorized representatives may from
time to time, at any reasonable hours, enter upon and inspect the Burdened Property and any
improvemeetts thereon to verify complianoa with this the Development Docutrtaots. Company
ahall give Builder reasonable advance notice of such entry and inspection and Builder's
representatives may accompany Company or its authorized representations during such
icapectitn.
Pere K
xarDms{e,pme0AVPs1W=1.dee 10/11/04
12.03 Dotault and C>®eral Remedies. If Builder breaches, violates or
thils to perform or satisfy any of the teams of the Development Documents (a-Dofiarlt" }, and that
Default hes not been cored by Builder or its lender, if any, within thirty (30) days ager Company
gives written notice to Builder and its lendcr to do so, Company may, at its sole option and
discretion, enforce any one or more of the following ranodics or any other rights or remedies to
which Company is entitled by law or equity, whether or not set forth herein. If, however, the
Default is of a type which cannot reasonably be cured within thirty (30) days„ Company shall
withhold action against Builder as long as Company continues to receive evidence that Builder
(a) commenced the curative prooeess immediately upon notice, and (b) diligently continues to
pmaue curing the Dolimlt. All remodies provided herein or by law or equity shall be cumniative
and not oxohrsive.
(a) Company may bring a suit for damages for any
compensable breach of or noncompliance with any of the tame of this Declaration, or a suit for
dximstarywhof W determine the omfirccability of any of the tams ofthis Declaration.
(b) FAmtY' . Builder adlmowledges that its Defhult may cause
Company to suffer material injury or damage not oompowible im money and that Company shad
be entitled to bring an action in equity or otherwise for spociSc peformance to enforce
compliance with the terms of this Dechre ioq or bring an action for an injunction to enjoin the
continuance of any such broach or violation thereof
(c) Foreclosure. If Builder breaches any of Builder's
obligations to pay to Company any sums due and owing under the Development Documents,
Company shall have the right to impose a lien upon that portion of the Burdened property owned
by Builder and to foreclose such lion in accordance with the provisions of the California Civil
Code or my similar statute herea8er enacted applicable to the exercise of powers of sale in
mortgages and deeds of trust, or in any other manner permitted by law. This lien shall be
subordinate to rhe secured instruments described in Section 15.02, below.
12.04 Exercise of pricer. In addition to the remedies Bet forth in Section
12.03, Companymay with respeot to Builder exercise its option to repurchase that portion of the
Burdened property owned by Builder pursuant to the Opum upon the occurrence of any one (1)
of the events which is a precondition to such exercise as specified in Section 2 of the Option.
13. geleasa
.13.01 Release By Conroanv. Company may release any portion of the
Sundered Property from this Declaration at any time and for any reason without the Builder's
appmvaL
13.02 Release L mem Sale. Provided Builder is not then in Default under
the tams and conditions of this Declaration or in default under any other agreement between
Builder and Company or any of Company's affiliates or subsidiaries or their respective
successors and assigns, than upon the Qualifying Sale of a Residence by Builder (but not upon
the sale of one or more Residences to any person or entity for resale to the public), Company
>pu
xsacaesne>+mhAwasnncroWu.mo tsar us.
shall, upon Builder's written request, release such Residence Som the eamnabrance of this
Declaration if Boder. Company shall also, upon Buitdw s written request. and provided Builder
is not then in Defiadt under the terms and conditions of this Declaration or in ¢afaalt under any
other agreement between Builder and Company or any of Company's affiliates or subsidiaries or
their respective successors and assigns, release say Common Properties concurrently with the
oonveymce of fee title thereof to any Sub -Association.
13.03 Recording of Release Any release of a Residence or any other
portion of the Burdened Properly fiom the lien of this Declaration as provided in Section 13.02
above, shall be executed by Company and upon recordation in the County s official records, the
Residence or other property described in such release shall no longer be deemed a part ofthe
Burdened Property and shall be free of all of the terms and provisions of this Declaration.
.14. Waranity and Waiver.
14.01 ties. With the exception of liabilities, expenses (including,
without limitation, atoomgv feta), losses, damages, uVories or claims arising fivm or caused by
any written statemettls finnished by Company for use in Builder's Marketing Program pursuant
to this Declaration (collectively, the "Company Liabilitiee"), Company shall not be liable for any
liability, loss, damage, injury or claim of any Wait or character to any person or property arising
from or caused by directly or indirectly, the development of the Burdened Prvpexly and the
construction or sale or other conveyance of Residences, thereon (collectively, the "Builder
Liabilities").
14.02 Waiver and Indemnity. Builder hereby waives on its behalf all
claims and demands ageiost.Company for any loss, damage or injury of Builder arising out of or
pertaining to any Builder Liabilities, and Builder agrees to indemnify, defend and hold harmless
Company and its property from all loss, liability, damage, costa. and expenses (including
attorneys' fees) arising from or related to any Builder Liabilities, whether incurred or made by
Builder or any other person(s). The foregoing waivers and indemnities shall apply to a claim or
action brought by a private party rCr by a govemrne W agency or entity under any statute or
oommon law now or hereinafter in corset and is intended to apply conoening any does, damage,
injury or claim arising before or attar the conveyance of all of the Residences on the Burdened
property Builder's waiver and indemnity pursuant to this Section shall also extend to any
iarprovemcuts constructed by Builder on any Benefited Property of Company or Other Builders.
IVotrvitmatanding ®ynhing to the contrary above, northing contained in this Section shall (a)
operate to relieve Company from that portion of any loran, damage., injury or claim due to the
gross negligence or willful misconduct of Company or its employees or (b) be construed as
extending the period prescribed by the laws of California for bringing any legal action
14.03 Survival of Covenants. Builder's covenants in this Section 14 shall
survive the conveyance of the Residences that Builder constructs on the Burdened Property.
xsrlu,e5ifthUdABVMqCkWnAac non Ven
15. fiscellaneons
15.01 . Neither party's waiver of a Defsuk by do other pasty
hemuuder nor any delay or failure to onto= any of the terms of this Declaration shall be a
waiver of or shall affect a Default other than as specified in such waiver. A paRys consent to or
approval of any act by the other party requiring such consent or approval shall not be deemed to
waive or render urmecessary the approving per" consent to or approval of any subsequent
similar acts by the other patty.
15.02 Rights of I enders No breach or violation of the tams of this
Dederation shall defeat or render invalid the Flea of any mortgage, deed of trust or similar
instruments securing a loan made in good faith and for value concerning the acquisition,
devalopnift or paonancot fmancin of the Burdened Property or say portion thereof; provided,
however, that this Declaration and all provisions hereof shall be binding upon and effective
against airy subsequent owner of the Buudcood Property or portion thereof whose tide is acquired
by forsclosum, trupteds sale, or other remedies provide] an such mortgage or deed of trust, but
such a0 sequaw owners shall take tido See and clear of any of BuiMda violations of the terms
of this Declaration that occurred before such transfer of tide or oocmpaacy_ Company agrees to
exercise good faith efforts in cooperating with Builder, in responding to its lender's loan approval
conditions, to the Went they may affect matters reasonably within the control of Company.
15.03 Am
vuneut by CoUM. Oompany may assign in its sole and
absolute discrolion, its rights and duties hereunder in whole or in part at any time without
Builder's consent, to any person or amity to whom Company may transfer 411 or any part of the
Benefited Property or to the owner of any part of the Benefited Property. In the event that
Company assigns only part of its rights and obligations hereunder (thereby retaining rights and
Obligations ander this Declaration) to another person or entity CTeagnated Assignee"). then
wherever in this Declination the consentlapproval of Company to required, Builder must also
obtain the consentlapproval of all such Designated Assigoce(s), in addition to obtaining the
consentlapproval of Company.
15.04 Termination or Amardme<rt. Except as provided in Section 11
rey ding additions or dela ions of Benefited Property and Section 13 regarding releases of the
Burdened Property, the terms of this Deckmtion may be validly termimted, amended, modified
or extended only by recordation of a proper instrmnmt duly executed and acknowledged by
Company and Builder to that effect.
15.05 Q21joR The captions used herein are for convenience only, are
not part of this Declaration, and do not in any way limit or amplify the scope or intent of the
terms and provisions hereof.
15.06 Invalidity of a Provision If a court of competent jurisdiction
adjudges any provision of this Declaration to be illegal or unenforceable for any reason, that
ruling shall, to the maximum extent permitted by law, in no way affect any other provision of this
Declaration, the application of any such provision under circtmrstawas diffo ad from those
adjudicated by the court, or the validity or enforceability of this Declaration as a whole.
Page 27
resl.Ca mP IJW IaltIM
15.07 Notices All notices, consents, waivers, demands, requests or other
instruments or communications provided for under this Declaration or by law to be served on or
to be given to either Party shall be in writing, signed by the party giving the same, and shall be
given either by personal delivery, commercial deliveryservice, legible facsimile tsaasmisawn
with confirmation of receipt or by depositing it in the United States mail, certified, with return
receipt requested, postage prepaid and addressed sa follows:
Company KSL Land holdings, LLC
50-905 Avenida Bermudas
La Quinta, California 92253
Attention: Legal Department
Telephone: (760) 564-8023.
Facsimile (760) 564-8003
Builder: Crowne Pointe Partners, LLC
C/o Pacific Santa Fe Corporation
17700 SW Upper Boones Ferry Rd.
Suite 100
Portland, Oregon 97224
Atten6oa Mark P. Rockwell
Telephone: (503) 670-9300
Facsimile: (503) 670-9400
Either Party may, by written notice to the other, designate a different
address which shall be substituted for the one specified above. If any notice or other document is
seat by certified mail as ant forth above, it shall be deemed to have been effectively served or
delivered at the ad of the second business day atter its deposit in the United States mail in the
manner ad forth above.
15.08 Binding Effect ZLis Declaration shall encumber and burden only
the Burdened Property and shall inure to the benefit of and be enforceable by Company (or its
successor under Section 15.03 besot) as the owner of the Benefited Property. All of Builder's
obligations as stated heroin shall be binding upon and enforceable against any pawn other than
Company (or any successor to the rights of Company.hereunder) to whom Builder may transfer
all or any portion of the Burdened Property.
15.09 ISM The provisions of ibis Declaration are covenants running
with the. Burdened Property and equitable servitudes, as the cast may be, and shall be binding
upon all persons acquiring an interest in the Burdened Property. Notwithstanding the foregoing,
this Declaration and the patties' rights and obligations hereunder shall terminate and be of no
further effect twenty (20) years aittr the date on which this Declaration is recorded.
15.10 Further_gynces. Each of the Parties shall execute and deliver
such additiotW papas, documents and other assurances, and shall do such acts and things as are
seasonably necessary in connection with the performance of its obligations 6erennder and to carry
out the intent of the Parties.
PW n
X9LO tit WWdW4WsMCIMI.dW to/11104
15.11 Time of Essanee, Time is of the essence in the peiioimaux of
eueh provision of this Decl ussdea where time is an element. Any refaeace In this Dwhntkm to
rim for pafrnmence of obligations or to elapsed time shell mein consecutive calendar days,
months or years, ae applicable unless otherwise explicitly indicated herein
15.12 Attorneys' Fees H any action or proceeding is instituted to
iutnI I or enforce any provision of No Deelaaticn, the prevailing Party shall be entitled to
recover such amounts as the court may judge to be reasonable se costs incered in such action,
including, without limitation, court costa sed attorneys' fixe.
15.13 jig. The amounts which are due sad owing to Company or
Builder pursuant to the vatioes Wm of the Devdopment Documents shell be paid as specified.
If any of thaw amounts an not paid when due, such amounts shall bear interest as specified m
the particular section of the Development Documents requiring such payment or, if not so
specified, then at the mwdu mn rata then permitted by law.
15.14 Camtamna. This Dalarstion may be executed in any amber of
countapats, each of which shall be an anginal, and all of winch, together. shall constitute one
and the same instrument.
15.15. t The vibibits allwlwd baste am incorporated herein by
The Parties have executed this Doclandon on the dates indicated below.
COMPANY: KSL LAND HOLDINGS, LLC,
e ere d liabili w
Bye e b it►
LAM E. liter
Executive Vice President
Dated: October _Q-, 2004
BUIIDEtL CROWNE POINTE PARTNERS, LLC,
an Oregon limited liability company
By. Pacific Santa Fe Corporation,
an Oregon ompaffiion
Manager
SIGNED IN COUNTERPART
By.
Mads P. Rockwell
Chief Executive Officer
Dated: OcWher_, 2004
Pegg 29
xBLCo PaApBP8P2CbelAoe 10/11M4
15.11 Time of Eseeece. Time is of the essence in the performance of
each provision of this Declaration whom time is an element Any reference In this Declaration to
time for perhaminee of obligations Or to elapsed time shall mesa consecutive calendar days,
months or years, as applicable,, unless otherwise explicitly indicated herein.
15.12 Attomevs' Fees. If any action or proceeding is instituted to
interpret or enforce my provision of this Declaration, the prevailing Party shall be entitled to
recover such amounts as the court may judge to be reasonable as costs incurred in such action,
including, without limitation, coot costs and attorneys' flees.
15.13 psvmems. The amounts which are due and owing to Company or
Builder pueausnt to the various terms of the Development Documents shall be paid as specified.
If any of these amounts am not paid when due, such amounts shall beer interest as specified in
the Particular section of the Development Documatb requiring such payment or, if not so
specified, then at the maximum rate than permitted by law.
15.14 This Declamdon maybe executed in any comber of
counterparts; each of which shall be an original. and all of which, together, shall constitute one
and the same instrument.
15.15. Exhibits. The exhibits attached hereto are incorporated herein by
reference.
The Parties have executed this Declaration on the dates indicated below.
COMPANY: KSL LAND HOLDINGS, LLC,
a Delaware limited liability
By: SIGNED IN CMNMW
Larry E. Lichliter
Executive Vice President
Dated: October 2004
BUILDER: CROWNS POINTS PARTNERS, LLC,
an Oregon limited liability company
By: Pacific Santa Fe Corporation,
an Oregon corporation
v
Mak P. fockEll
Chief Executive Officer
Dated: October h .2004
Pep: 29
eaip menoml.doc ion 1/0e
STATE OF CAUtFORNIA )
COUNTY OF &- ,
Ode 6L
2004 bdqre or,
arra for odd S q pemea -LLM
to be the pa
subscribed to the within htstrataan and acimowleaged to me the(?i
in @hasklarauthorized capxiVi aj and that by es
the perwn(4 or the ea ft upon behalf of wbkh the persoo(of acted,
L, a notary public in
ally ]mown to me (a -
whom name( o-
by executed the same
01 on the inmun mt
ed the irmI ant.
STATE OF CAUFORNIA )
) OL
COUNTY OF
On . 2004 before me, , a notary public in
and for said State, personally personally imown to me (or
proved to me on the basis of mtiafactory, evidence) to be the petaeu(s) whose name(g) ialam
aubKnIW to die within iaamment and ac]mowledged to me that hetshelthey executed the same
in hislbedt * authorized capuit OCS), and the by his/ber/their agoature(s) on the instnanmt
the peraon(e), or the entity upon behalf of which the person(s) acted, excemed the man mtmt.
WrIt4ESS my hand and official seal.
(Seal)
Paan to
xsLCOMgft%M AWs"P UWI.doe iatiror
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH 711L4IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY:
BARBARA LARSH
COMMISSION NUMBER:
1265424 '
DATE COMMISSION EXPIRES:
DECEMBER 22, 2004
COUNTY WHERE BOND 18 FILED:
RTFBRSIDE
PLACE OF EXECUTION:
RMIRSIDE, CA
DATE.
OCTOBER 21, 2004
FIDELITY NATIONAL TITLE
BUILDER SERVICES
STATE OF CAi.1FORMA )
COUNTY OF 1
On . 2004 before me, . a notary public in
and for said State, pmoaally appeared personally known to me (or
proved to me on the basis of satisfactory evidence) to be the pmon(s) whose name(a) is/are
subscribed to the within instrument and acknowledged to me that Wahe/dwy executed the same
in bis&wffiieir authorized apwity(ies), and.that by MslbaJtheir sigttatme(s) on the instrument
the person(s), or the entity upon behalf of which the parsons) acted, executed the instnuncrit.
VATNESS my besot and official seal.
MI
Ggu ,
STATE OFC )
y ss. /
COUNTY Od r`L-
Q
On tr , 2004 eIg r "` a notary public in
PW for said State, personally appeared 4 Dally known to are (or
proved to me on the basis of satisfactory evidence) to be the s) whose names) is/are
subscribed to the within instrument and acknowledged to me that he/shaftlrey executed the Sano
in hialher/their authorized capacky(iesf),'and that by hia&aAheii sigoature(s) on the instrument
the person(s), or the entity upon behalf of which the peraon(s) aci4 executed the instrument.
T-7
S my hand and official
r'1 (Seal)
OFFICIAL SEAL
LINDA M RRMUK
NOTARY PUBLIC -OREGON
COMMISSION NO.374229
t
e810:1EXPiRE90EC 79, 2007
Pap 30
asiaamo2MnA" IWI IN4
GARY L. ORSO acaer
rneMn1
COUNTY OF RIVERSIDE Ri a id%CA T M-Wsl
ASSESSOR-COUNTYCLERI4RLCORDER MOW=
1W*, .1WC1kMe.
Pursuant to the provisions or Government Code 27361.7, 1 car* under the penally of perjury
that the following is a true copy of illegible wording found in the attad)ed document:
6r -i30
066 *In.orcd
Date: 7
Signature:
Print Name:
,scaeoiPASU ernWAM
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY:
COMMISSION NUMBER:
DATE COMMISSION EXPMES:
PLACE OF EXECIMON:
DATE:
Y , 4 lJZ4..P/V
FIDELITY NATIONAL TITLE
BUILDER SERVICES
LINDA M. REEDUK
374229
DECEMBER 29, 2007
RIVERSIDE, CA '
OCTOBER 21, 2004
IQ
D d OPMENT DECLARATION
(Legal Desciption of the Burdened Ptopaty)
Real pmpaty Located in the City of La Qaitte, County of Rivamde, Stam of California,
dowled as fotlows;
CALM A PARCEL 2 OF LOT LINE ADJUSTMENT NO. 2004AI1 RECORDED OCTOBER
AS. 1NSTRUSII NT NO. 2004 OM 11 MORE PARTICULARLY DESCRIBED AS
THAT PORTION OF LOT 1 OF TRACE NO. 29421 AS SHOWN BY MAP ON FILE IN BOOK 297,
AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, Rl=RDS OF RIVERSIDE COUNTY;
CAL MJV,; TOGETHER WITH THAT PORTION OF PARCEL 7 OF PARCEL MAP NO 20426
AS SHOWN BY MAP ON PEE IN BOOK 129, AT PAGES 49 THROUGH 55, INCLUSIVE OF
PARCBL MAPS, RECORDS OF RIVERSIDE COUNTY. CALIFORNIA; AS ADJUSTED BY LOT
LINE ADJUSTMENT NO. 97 244, RECORDED ]UNE 5, 1997 AS INSTRUMENT NO. 199050 AND
199051, OFFICIAL RECORDS OF RIVERSIDE COUNTY. CAUFORNK DESCRIBED AS
FOLIAWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID IAT 1; THENCE EASTERLY
ALONG THS NORTHERLY LINE OF SAID IAT L NORTH 89°30'11" EAST, 272.69 FEET TO THE
EASTERLY TERMINUS OF SAID NORTHERLY LINE OF LOT 1; THENCE LEAVING SAM
NORTHERLY I INE OF LOT 1, SOUTH 40040111"EAST, 192.39 FEET; THENCE SOUTH 36"16.42"
EAST, 201.26 FEET; THENCE SOUTH 53°20'16" EAST, 232.15 FEET; THENCE NORTH 87'56'22"
BAST, 19332 PEET; THENCE NORM 85°54'55" EAST, 305.51 FEET; THENCE SOUTH 76033'32"
EAST, 155.87 FEET; THENCE SOUTH 45°08'33" EAST, 221.84 FEET; THENCE SOUTH 51°13'44"
EAST, 112.98 FEET; THENCE SOUTH 54°28'39" BAST, 110.02 PEST; THENCE SOUTH 44°42"29"
EAST, 102.05 FEET; THENCE SOUTH 01938'20" WEST, 3758 FEET; THENCE SOUTH 45900'00"
WEST, 209.79 FEET; THENCE SOUTH 04°5949" WEST. 201.91 FEET; THENCE SOUTH
39°23'09" EAST. 91.63 FEET TO A POINT ON A SOUTHEASTERLY LINE OF SAID LOT 1, SAID
POINT BEM ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 81-00
FEET, A RADIAL. LINE THROUGH SAID PO1N1' BEARS SOUTH 26°3246" BAST; THENCE
SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF IAT 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 57M'46", AN ARC DISTANCE OF 80.79 FENT TO THE
BEGINNING OF A TANGENT REVERSE CURVE CONCAVE NORTHWESTERLY. HAVING A
RADIUS OF 63.00 FEET, A RADIAL LINE THROUGH SAID POINT OF TANGENT REVERSE
CURVE BEARS NORTH 83'41'32" WEST. THENCE SOUTTIWESTERLY ALONG SAID
TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 43045'42", AN ARC
DISTANCE OF 48.12 FEET; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF LOT 1, SOUTH 50°04'10" WEST, 304.18 FEET TO THS BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 502.00 FEET; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°13'14", AN ARC
DISTANCE OF 264.78 FEET TG THE BEGINNINO OF A TANGENT COMPOUND CURVE
CONCAVE NORTHERLY, HAVING A RADIUS OF 1445.00 FEST, A RADIAL LINE THROUGH
SAID PONNT OF TANGENT COMPOUND CURVE BEARS SOUTH 09942'36" BAST; THENCE
WESTERLY ALONG SAID TANGENT COIWPCIUND CURVE THROUGH A CENTRAL ANGLE OF
STINT"1"- Pge 1
68LCaasheM F 9vd7asetex - Comms
19°56'47", AN ARC DISTANCE OF 503.05 FEET, THENCE NORTHERLY LEAVING SAID
CURV$ NORTH IV1411V EAST, 5.00 FEET TO THE BBOINKING OF A CURVE CONCAVE TO
THE NORTH, HAVING A RADIUS OF 1440.00 FEET, A RADIAL. LINE THBOUaN SAID POINT
BEARS SOUTH 10°14'10" WEST; THENCE WESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 06026.37". AN ARC DISTANCE OF 161.95 FEET TO THE BEGINNING OF
A TANGENT COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF
285.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 16040'48" WEST. THE
PRECEDING 4 COURSES DENG ON THE SOUTHERLY LEQE OF SAID LOT 1; THENCE
WESTERLY AND NORTHERLY ALONG SAID TANGENT COMPOUND CURVE THROUGH A
CENTRAL ANGLE OF 73°19'01 AN ARC DISTANCE OF 364.69 FEET; THENCE NORTH
00000'11" WEST, 478.78 FEST TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 385.00 FEET; THENCE NORTHERLY ALONO SAID
TANGFNT CURVE THROUGH A CENTRAL. ANGLE OF 49°14'43", AN ARC DISTANCE OF
33090 PEST, THENCE LEAVING SAID TANGENT CURVE NORTH 40'4S'O7" EAST, 5 00 -FEET
TO THE BBGDQb M OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
260A0 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 40°43'07" WEST;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45°28'01",
AN ARC DISTANCE OF 20632 FEET; THENCE NORTH 03°46'53" WEST, 404.79 FEET TO THE
POINT OF BEGDWQI THE PRECEDEQO 6 COURSES BEM ON THE WESTERLY LINE OF
SAID I.OT 1.
PARmL B: LOT IC OF TRACT MAP NO. TRACT NO. 29421 AS SHOWN BY MAP ON
ME IN BOOR 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY. CALUMNIA.
ffi0MM •t• •Pqp a
lAoc 10111004
(Legal Description oflnidal BemeStod Property)
ALL OF THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF LA QUANTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
F (DRIV oRlNGE&PARMOLM
PARCELS 1 AND 3 OF LOT LINE ADJUSTMENT NO. 2004-411 RECORDED _9,C—(• f .
2004 AS INSTRUMENT NO.2004- Cf5;1-&a7D AS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Parcel l; THAT PORTION OF LOT l OF TRACT NO. 29421 AS SHOWN BY MAP ON FILL:
IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA; TOGETHER WITH THAT PORTION OF PARCEL 7
OF' PARCEL MAP NO. 20426, AS SHOWN BY MAP ON FILE IN BOOK 129, AT PAGES 49
THROUGH 55, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA; AS ADJUSTED BY LOT LINE: ADJUSTMENT N0. 97-244, RECORDED
JUNE 5, 1997 AS INSTRUMENT NO. 199050 AND 199051, OFFICIAL RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
CObMENCING AT THE NORTHWESTERLY CORNBR OF SAID LOT. 1; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 1, NORTH 89°30'11" EAST,
26133 FEET TO THE WESTERLY LINE OF SAID PARCEL 7, SAID POINT BEING THIS
TRUE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY LINE
OF PARCEL. 7, NORTH 21020'48" WEST, 221.74 FEET; THENCE NORTH 14'5938"
WEST, 205.94 FEET; THENCE NORTH 12°31'46" WEST. 515.08 FEET TO A
NORTHWESTERLY LINE OF SAID PARCEL 7. THE PRECEDING 3 COURSES BEING ON
SAID WESTERLY LINE OF PARCEL 7, SAID POINT BEING ON A CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET. A RADIAL LINE THROUGH
SAID POINT BEARS SOUTH 23012'32" EAST; THENCE NORTHEASTERLY ALONG
SAID CURVE AND SAID NORTHWESTERLY LINE OF PARCEL 7 THROUGH A
CENTRAL ANGLE OF 7°13'53", AN ARC DISTANCE OF 50.48 FEET; THENCE
NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE OF PARCEL 7, NORTH
59°3313.' EAST, 513.33 FEET TO A NORTHEASTERLY LINE OF SAID PARCEL 7;
THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF PARCEL 7,
SOUTH 31044'43" EAST. 656.87 FEET TO THE BEGINNING OF.A TANGENT CURVE
CONCAVE NORTLIBRLY, HAVING A RADIUS OF 332.50 FEET; THENCE EASTERLY
ALONG SAID CURVE 'THROUGH A CENTRAL ANGLE OF 70°41'06", AN ARC
DISTANCE OF 410.20 FEET; THENCE NORTH 77°34'10" EAST, 177.08 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF
IDfftMrr-2-. Pegs
Its6t;oAs+eefmWo 1.aoe 10/11104
33230 FEET; THENCE EASTERLY AND NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 48°45'34", AN ARC DISTANCE OF 282.% FEET;
THENCE NORTH 28°48'36' EAST, 651.06 FEET; THENCE SOUTH 66°53'14" EAST,
534.62 FEET TO THE EASTERLY LAZE OF SAID PARCEL 7, THE PRECEDING 5
COURSES BEING ON NORTHERLY LANES OF SAID PARCEL 7; THENCE SOUTHERLY
ALONG SAID EASTERLY LINE OF PARCEL 7, SOUTH 20053'32" WEST, 603.62 FEET;
THENCE SOUTH 56910'58" EAST, 6863 FEET; THENCE SOUTH 34017135" WEST,12.00
FEET; THENCE SOUTH 55042'25" EAST, 598.93 FEET, THE PRECEDING 2 COURSES
BEING ON SAID SOUTI]WESTERLY LANE PER LOT LBO ADJUSTMENT NO. 97-244;
THENCE SOUTH 37003'35" WEST, 1260.82 PEST TO THE NORTHWESTERLY LINE OF
SAID LOT 1; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY L1NE OF
IAT 1, SOUTH 46057'27" EAST, 56.18 FEET TO THE MOST EASTERLY CORNER OF
SAID IAT 1; THENCE SOUTH 43002'36" WEST, 109.43 FEET; THENCE. NORTH
50°00'09" WEST, 2.62 FEET; THENCE NORTH 00000'27" WEST, 29.89 FEET; THENCE
SOUTH 70002'17" WEST, 170.43 FEET, THE PRECEDING 4 COURSES BEING ON
SOUTHEASTERLY, SOUTHWESTERLY AND EASTERLY LEVES OF SAID IAT 1;
THENCE LEAVING SAID SOUTIMASTERLY LINE OF LOT 1, NORTH 03"11'13" EAST,
22.94 FEET, THENCE NORTH 45000'00" EAST,148.61 FEET; THENCE NORTH 60°00'00"
WEST, 14235 PEST; THENCE NORTH 01038'20" EAST, 37.58 FEET; THENCE NORTH
44°42'29" WEST, 102.05 FEET; THENCE NORTH 54°28'39" WEST, 110.02 FEET; THENCE
NORTH 51°13'44" WEST, 112.98 FEET, THENCE NORTH 45°08'33" WEST, 221.84 FEET;
THENCE NORTH 7603332" WEST, 155.87 FEET; THENCE SOUTH 85°54'55" WEST,
305.51 FEET; THENCE SOUTH 87'56'22" WEST, 19332 FEET; THENCE NORTH
53'20'16" WEST, 23215 FEET; THENCE NORTH 36016'42" WEST, 201.26 FEET; THENCE
NORTH 40040'11" WEST, 192.39 FEET TO THE EASTERLY TERNHNUS OF SAID
NORTHERLY LINE OF LOT 1; THENCE WESTERLY ALONG SAID NORTHERLY LINE
OF LOT 1, SOUTH 89°30'11" WEST, 11.36 FEET TO THE TRUE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL 1 CONTAINS 72.497 ACRES, MORE OR LESS.
Pawd 3: THAT PORTION OF LOT I AND LOT L OF TRACT NO. 29421 AS SHOWN BY
MAP ON FILE IN BOOK 297, AT PAGES 54 THROUGH 57, INCLUSIVE OF MAPS,
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT G SAID POINT BEING
ON A CURVE CONCAVE SOUTHEASTERLY. HAVING A RADIUS OF 81.00 FEET, A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 31°12'16" WEST; THENCE
WESTERLY ALONG SAID CURVE AND THE SOUTHERLY LIVE OF SAID LOT L AND
SAID LOT 1, THROUGH A CENTRAL ANGLE OF 57'45'02", AN ARC DISTANCE OF
81.64 FEET, A RADIAL LINE AT SAID POINT BEARS SOUTH 26032'46" EAST; THENCE
NORTHWESTERLY LEAVING SAID SOUTHERLY LANE OF IAT 1, NORTH 39023'09"
WEST, 81.63 FEET; THENCE NORTH 04°59'49" EAST, 201.91 FEET; THENCE NORTH
45°00'00" EAST, 209.79 FEET; THENCE SOUTH 60900'00" EAST, 142.35 FEET; THENCE
SOUTH 45°00'00" WEST, 148.61 FEET; THENCE SOUTH 03°11'13" WEST, 22.94 FEET
WOUMT Z" -Peas 2
tau,a
TO THE SOUTHWESTERLY TERMNUS OF THAT CERTAIN SOUTHEASTERLY LINE
OF SAID LOT 1 HAVING A BEARING OF NORTH 70°02'17" EAST AND A DISTANCE OF
170A3 FEET; SAID SOUTHWESTERLY TERMINUS BEING THE BEGDOMO OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 58.S0 FEET,
THENCE SOUTHWESTERLY MANE SAID CURVE THROUGH A CENTRAL ANGLE OF
65,02'28", AN ARC DISTANCE OF 65A1 FEET, THE PRECEDING CURVE BEING ON A
SOUTi1BASTERLY LINE OF SAID LOT 1 AND THE EASTERLY LINE OF SAID LOT L;
THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF LOT 4 SOUTH 04°59'49"
WEST, 167.33 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL 3 CONTAINS 1.334 ACRES, MORE OR LESS.
PARCEL 2: (GOLPHOLRS—STADNUMJ
LOIS 34,36 AND 38 OF TRACT NO.21643, IN THE CITY OF IA QUINTA, AS SHOWN BY MAP
ON FIE IN BOOK 203, PAGES) 37 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF MVJRtSIDE COUNTY. CALIFORNIA.
PARCELS:. (CLUMVESEBCdRTMASATWAUKOFFOAM
IAT 2 AND LETTER LATS O AND H OF TRACT N0.29421, IN THE CITY OF LA QUINTA, AS
SHOWN BY MAP ON FILE IN BOOK 297, PAGEM 54 THROUGH 57, MC USIVE OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA
PARCEL 4: (PARKING LOTADIACF.NTCLUBIIDUS1iJ
LETTER LOT I OF TRACT NO. 29M, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON
FILE IN BOOK 279, PAGE(S) 87 THROUGH 93, INCLUSIVE OF MAPS. IN THE OFFICE OF THE
COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL S: (W6ISKOPFRMDSNIL4IJ
LECM LOTS H, I, L AND W OF TRACT NO. 28444, IN THE CITY OF LA QUINTA, AS SHOWN
BY MAP ON FILE IN BOOK 271, PAGES 57 THROUGH 62, INCLUSIVE, OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF RLVF.RSME COUNTY. CAIZFORI IIA
EXHMrr-2• • PIP 3
astcomwoeraoc*zaaec ex tiaww
OAS9 Description of Amenable Pmpe*)
ALL OF THAT CERTAIN REAL PROPERTY LOCATED W THE CITY OF LA QUINTA,
COUNTY OF RIVERSID$ STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL U
PAROL 1 OF PARCEL MAP NO. 28805 AS SHOWN BY MAP ON FILE IN BOOK 142, AT
PAGES 84 AND 85 OF PARCEL MAPS, OFFICIAL RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA
axHlaiT Or -Pup 1
KffirawSuAwd SrV=CW 4w 10/11101
(PGA WEST Product Recommendation)
(See Attached)
EXHIBIT "1" . Page 1
alsipmsatGLiNldot 10/11/04'
POA WEST
PRODUCT RECOMMENDATIONS
A. ArchitectualStyle: SpsoisfAleditetrannal
Early California/Spanish ColonieVfuscan
B. Lot Density:
C. Marta Segments Served:-
D.
erved:D. Builder Annual Rau of Close of
Escrows on Residences:
E. Recrestiov or Community Amenity
Requirod:
F. Product Mix:
Plan Number
Square Footage Range
Elevations
Bedrooms
Baths
Garage Sia
Per Subdivision Map, provided however,
Builder may modify the lot density on the
Burdened Pmpc* (subject to obtaining all
necessary govemtnemal approvals) upon
obtaining Compat/a prior written approval,
which approval shall not be unreasonably
withheld.
Prhnery and Secondary
Twenty-four (24) Residences closing escrow
per year commencing eighteen (18) months
after recordation of this Declaration
Per Subdivision Map
3 Pians minimum
Per City Requirements and Approvals but not
less than 1000 square feet of livable area
2 per Plan
Minimum I
hGaimum 1
Per City Code
ExHlarr W • Pose 2
=WWAmGGMIAnc nmin/0t
DECLARATION OF DEVELOPMENT
COVENANTS, CONDITIONS and RESTRICTIONS
The installation and construction of say and all improvements on or 4acent to the Burdened
Property that may be necessary, eonvoniant, desirable or otherwise required in order to develop
the Burdened Property (including the construction of Residences thereon) (collectively
"BuildWs Improvements' shall be the sole responsibility of the Builder, which improvements
shall be installed and/or constructed at Builder's sole cost and expense. The Builder's
Improvements shall include without limitadon:
A. All landscaping, streets, curbs, sidewalks, street lamps, street signage and any
associated storm, sewer, electric power and television service cable lines serving
individual lots in the Burdened Property.
B. All improvements Builder is regWrsd to install as described in the Purchase
Agreement andlor as required pursuant to the New Entitlements.
sxrrtarr •s• • Pqe I
Mftmxmrfln.da 10/11M4
DECLARATION OF DEVELOPMENT
COVENANTS, CONDITIONS and RESIMCTIONS
!. W .S7f. R! •d • 15.-1 J'.'It•...
NONE
EXHIBIT'6- • Page 1
wpmmnvmHiax ia iroe