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BPOL2017-020778-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 Permit Type/Subtype: Application Number: Property Address: APN: Application Description: Property Zoning: Application Valuation: DESIGN & DEVELOPMENT DEPARTMENT BUILDING PERMIT POOL/PRIVATE BPOL2017-0207 50597 CEREZA 776340016 HERMS RESIDENCE / POOL & SPA $100,000.00 Applicant: G W C CONSTRUCTION -' 35325 DATE PALM DR STE 243 CATHEDRAL CITY, CA 92234 CITY OF LA QUINTA DESIGN AND DEVELOPMENT DEPARTMENT LICENSED CONTRACTOR'S DE=RAT �N I hereby affirm under penalty of perjury that I am licensed un r provisions of Chapter 9 {commencing with Section 7000) of Division 3 of the B 'nes nd Professions Code, and my License is in full force and effect. License Cllaass CS License No.: 816693 Dat` Contractor: OWNER -BUILDER DECLARATI I hereby affirm under penalty of perjury that I am exempt 711m the Contractor's State License Law for the following reason (Sec. 7031.5, Business and Professions Code: Any city or county that requires a permit to construct, alter, improve, demolish, or repair any structure,.prior to its issuance, also requires the applicant for the permit to file a signed 'statement that he or she is licensed pursuant to the provisions of the Contractor's State License Law (Chapter 9 (commencing with Section 7000) of Division'3 of the Business and Professions Code) or that he or she is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of not more than five hundred dollars ($500).: (_) I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale. (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owner of property who builds or improves thereon, and who does the work himself or herself through his or her own employees, provided that the improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he or she did not build or improve for the purpose of sale.). (� I, as owner of the property, am exclusively contracting with licensed contractors to construct the project. (Sec. 7044, Business and Professions Code: The Contractors' State License Law does not apply to an owne"r of property who builds or improves thereon, and who contracts for the projects with a contractor(s) licensed pursuant to the Contractors' State License Law.). (� I am exempt under Sec. . B.&P.C. for this reason Date: Owner: CONSTRUCTION LENDING AGENCY I hereby affirm under penalty of perjury that there is a construction lending agency for the performance of the work for which this permit is issued (Sec. 3097, Civ. C.). Lender's Name: Lender's Address: VOICE (760) 777-7125 FAX (760.) 777-7011 INSPECTIONS (760) 777-7153 Date: 1/23/2018 Owner: DON HERMS 50597 CEREZA LA QUINTA, CA 92253 Contractor: G W C CONSTRUCTION 35325 DATE PALM DR STE 243' CATHEDRAL CITY, CA 92234 (866)663-8126 Lic. No.: 816693 WORKER'S COMPENSATION DECLARATION I hereby affirm under penalty of perjury one of the following declarations: I have and will maintain a certificate of consent to self -insure for workers' co p sation, as provided for by Section 3700 of the Labor Code, for the performance o tr,3700 or which this permit is issued. ave and will maintain workers' compensation insurance, as required by Se of the Labor Code, for the performance of the work for which this permit is issued. My workers' compensation insurance carrier and policy number are: Carrier: EXEMPT Policy Number: _ I certify that in the performance of the work for w is this permit is issued, I shall not employ any person in any manner so as to become ject to the workers' compensation laws of California, andagree that, if uld come subject to -the workers' compensation provisions of Section 3 0 o he L Code, I shall forthwith comply_ with se p visions. Date: WApplicant: WARNING: FAILURE TO SECURE WORKERS' COMPENS N COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PE ALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. APPLICANT ACKNOWLEDGEMENT IMPORTANT: Application is hereby made to the Building Official for a permit subject to the conditions and restrictions set forth on this application. 1. Each person upon whose behalf this application is made, each person at whose request and for whose benefit work is performed under or pursuant to any permit issued as a result of this application, the owner, and the applicant, each agrees to, and shall defend, indemnify and hold harmless the City of La Quinta, its officers, agents, and employees for any act or omission related to the work being performed under or following issuance of this permit. 2. Any permit issued as a result of this application becomes null and void if work is not commenced within 180 days from date of issuance of such permit, or cessation of work for 180 days will subject permit to cancellation. _ I certify that I have read this application and state that the abov ation is correct. I agree to comply with all city and county ordinances an ate la elating to building construction, and hereby authorize representatives of is city a er upon the above- menti/o�ne rop ty for inspection purposes. Dat dP'�Sigriature (Applicant or Age Date: 1/23/2018 Application Number: BPOL2017-0207 Owner: . Property Address: 50597 CEREZA DON HERMS APN: 776340016 50597 CEREZA Application Description: HERMS RESIDENCE / POOL & SPA LA QUINTA, CA 92253 Property Zoning: Application Valuation: $100,000.00 Applicant: Contractor: G W C CONSTRUCTION GW C CONSTRUCTION 35325 DATE PALM DR STE 243 35325 DATE PALM DR STE 243 CATHEDRAL CITY, CA 92234 CATHEDRAL CITY, CA 92234 (866)663-8126 Llc. No.: 816693 Detail: POOL,SPA [DENISE POELTLER ENGINEERING] THIS PERMIT DOES NOT INCLUDE EQUIPMENT ENCLOSURE. ALARMS AND BARRIERS REQUIRED TO BE INSTALLED AT PRE -PLASTER INSPECTION. 2016 CALIFORNIA BUILDING CODE.AND OUTDOOR KITCHEN. [1] FIRE PIT, [2] FOUNTAINS AND [1] ARCH WEST REAR YARD AND NORTH SIDE OF PROPERTY.2016 CALIFORNIA BUILDING CODE. HOA AGREEMENT SUBMITTED TO ALLOW PROPERTY OWNER TO BUILD ON NORTHWEST CORNER OF PROPERTY UNDER REVIEW. DESCRIPTION ACCOUNT QTY AMOUNT BSAS 561473 FEE 101-0000-20306 0 $4.00 Total Paid for BUILDING STANDARDS ADMINISTRATION BSA: $4.00 DESCRIPTION ACCOUNT QTY AMOUNT DEVICES, FIRST 20 101-0000-42403 0 $26.01 DESCRIPTION ACCOUNT QTY AMOUNT DEVICES, FIRST 20 PC 101-0000-42600 0 $26.01 Total Paid for ELECTRICAL: $52.02 DESCRIPTION ACCOUNT QTY AMOUNT GAS SYSTEM, 1-4 OUTLETS 101-0000-42401 0 $13.00 DESCRIPTION ACCOUNT QTY AMOUNT GAS SYSTEM, 1-4 OUTLETS PC 101-0000-42600 0 $26.01 Total Paid for PLUMBING FEES: $39.01 DESCRIPTION ACCOUNT QTY AMOUNT DETACHED SPA/WATER FEATURE/OTHER 101-0000-42404 0 $390.10 DESCRIPTION ACCOUNT QTY AMOUNT SWIMMING POOL/SPA 101-0000-42404 0 $195.05 DESCRIPTION ACCOUNT QTY AMOUNT SWIMMING POOL/SPA PC 101-0000-42600 0 $106.11 Total Paid for POOL / SPA: $691.26 DESCRIPTION ACCOUNT QTY AMOUNT RECORDS MANAGEMENT FEE 101-0000-42416 0 $10.00 Total Paid for RECORDS MANAGEMENT FEE: $10.00 DESCRIPTION ACCOUNT QTY AMOUNT REMODEL, FIRST 100 SF 101-0000-42400 0 $53.05' DESCRIPTION ACCOUNT QTY AMOUNT REMODEL, FIRST 500 SF PC 101-0000-42600 0 $145.12 Total Paid for REMODEL: $198:17 DESCRIPTION ACCOUNT CITY AMOUNT TECHNOLOGY ENHANCEMENT FEE S02-0000-43611 0 $5.00 Total Paid for TECHNOLOGY ENHANCEMENT FEE: $5.00 1 � J Permit Number: BPOL2017-0207 Description: HERMS RESIDENCE / POOL & SPA Applied: 12/19/2017 Approved: Site Address: 50597 CEREZA Issued: Finaled: City, State Zip Code: LA QUINTA, CA 92253 Status: UNDER REVIEW Applicant: G W C CONSTRUCTION Parent Permit: Owner: DON HERMS Parent Project: Contractor: G W C CONSTRUCTION Details: POOL,SPA [DENISE POELTLER ENGINEERING] THIS PERMIT DOES NOT INCLUDE EQUIPMENT ENCLOSURE. ALARMS AND BARRIERS REQUIRED TO BE. INSTALLED AT PRE -PLASTER INSPECTION. 2016 CALIFORNIA BUILDING CODE.AND OUTDOOR KITCHEN. [1] FIRE PIT, [2] FOUNTAINS AND [1] ARCH WEST REAR YARD AND NORTH SIDE OF PROPERTY.2016 CALIFORNIA BUILDING CODE. HOA AGREEMENT SUBMITTED TO ALLOW PROPERTY OWNER TO BUILD ON NORTHWEST CORNER OF PROPERTY UNDER REVIEW. LIST OF REVIEWS RETURNED SENT DATE DUE DATE ; . TYPE '. CONTACT 'STATUS REMARKS DATE Review Group: ALL 12/19/2017 12/26/2017 12/27/2017 1ST PLANNING (1 WK) CARLOS FLORESEVISI RONS SREQUIRED to Notes' 3 g . ...._., . '•� , ' s,. � �"* � PER AJ REVIEW HOA IMPROVEMENT AGREEMENt PROPERTY LINE.WOULD HAVE TO'BE ADJUStEO; VIA LOT. LINEADJUSTNIENT, IN ORDER TO BUILD PROPOSED STRUCTURE(S) IN AREA CURRENTLY. OWNED BY HOA°PROPOSEDSTRUCTURES NOt ALLOWEDPER SETBACK STANDARDS FROM CURRENT.PROPERTY LINE AND NOTALLQWED IN CURRENT USE OFHOA PROPERTY ,,�r.,'� 12/19/2017 12/26/2017 12/27/2017 - IST PUBLIC WORKS (1 AMYYU REVISIONS WK) REQU IRED `Notes +PER PLEASE REVIEW NORTH PROPERTY LINE ISSUES WITH DRAINAGE AND HOA`IMPROVEMENTAGREEMENT AJ - ,:. a,: . .. 3; _ �t PROPERTY LINES DO NOT CHANGE WCL WITH THE EXCLUSIVE USE 'EASEMENTIN TH' IMPROVEMENTAGREEMENT THE, PROPERTY LINESON.THE SWIMMING POOL PLAN SHOULD BE I2EVISEO '�"' V ' N Review Group: BLDG IST (1WK) 12/19/2017 12/20/2017 12/27/2017 1ST BLDG NS (1 WK) DUANE CLAYTON REVISIONS REQUIRED Notes ." ;,--I FEES NOT.COMPLETE DUE TO LACK O -F INFORMATION=IWPLAN SUBMITTAL. WILL"BE ;FEES UPDATED.AFTEWRESUBMITTAL, DURING NEXT REVIEW.,, Printed: Wednesday, 27 December, 2017 1of1 CJSYSTEMS Contractor Name: �G C�,dGJ rye l� PERMIT JPP-7 9� �� Conditioned Space SF City, St, Zip ............... — c::�r f,;,.- rar•_�t_K r --.............. PLAN LOCATION: Patio/Porch SF Project Address:. A Project,Description: Pool, Remodel, Add't, Elect, Plumb, Mech APN #: �' A,) Applicant Name: �/% � �li� ^ eN r—f,c)• LAI City, ST, Zip:�7 s� e�� .Telephone: / a2 2'd 9' Email: �G C � �G. Valuation of Project $ yy /4 Contractor Name: �G C�,dGJ rye l� New SFD. Construction: Address: Conditioned Space SF City, St, Zip Garage SF. Telephone: Patio/Porch SF Email: Fire Sprinklers SF / State Lic: l City Bus Lic: Arch/Eng Name: Construction Type: Occupancy: Address: yZj ��/ Grading:. City, St, Zip Construction Type: Occupancy: 11 Telephone: p �n ' f "� Bedrooms: Stories: # Units: Email: State Lic: City Bus Lic: Property Owner's Name: New Commercial / Tenant Improvements: Address:&y�/� Total, Building SF City, ST, Zip .9r9V- f 7r -o' �� v�=a' Construction Type: Occupancy: Telephone: Email: 78495 CALLE TAMPICO LA QUINTA, CA M53 760-777-7000 # .'Submittal Req'd Reed Plan Sets Structural Calcs . Truss Calcs �s Title 24 Calcs Soils Report Grading' Plan'(PM 10) Landscape Plan Subcontractor List Grant Deed HOA Approval School Fees Burrtec Debris Plan `* r Planning approval Public Works approval Fire approval City Business, License �s ITRUS COURSE HOMEOWNERS ASSOCIATION NOTICE OF APPROVAL November 29, 2017 Daniel and Judy Heyns 50597 Cereza La Quints, CA 92253 RE: 50597 Cereza Dear Daniel and Judy Hem: Your Request for an architectural change has been approved Specifically, you have approval to proceed with the following: Insudindon of pooUSPE, two water fouatnis, pavers, but"awV &+woe, two entry way arches, two gates, putting green, and a wood arbor and bench, per submitted applicattoiL We reserve the right to make a final inspection of the change to make sure it mat= the Request you submitted for Approval. Please follow the plan you submitted or submit an additional Request form if you cannot follow the original pian. Your approval is camel with the stipulation of the following No Stipadstlons. You must follow all local building codes, CCRs, ArchitecturaMandscape Rules Standards and Guidelines, and setmk requirements when making this change. A Building Permit may be needed. This can be applied for at the City offices. Our approval here is only based on the aesthetics of your proposed change. This approval should not be taken as any certification as to the mon worthiness or structural integrity of the change you propose. If applicable, please be aware that you are responsible for contig the appropriate utility companies before digging. Thank you for submitting your application and we look forward to receiving your notice of completion upon oamm acement of completed work. For your convenience a "notice of completion- document has been attached. We appreciate your cooperation in submitting this Request for Approval. An active Community helps all of us get the fall value fiom our homes when we decide to sell. Sincerely, Troy Reis, CCAM Community Association WWmW P.O. Box 12920 Palm Desert, CA 92255 * 41-865 Boardwalk, Suite 101, Paha Desert, California 760346AN * FAX 760346.9997 * www.citrusooursehoa.00m PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: THE CITRUS COURSE HOMEOWNERS ASSOCIATION AND WHEN RECORDED MAIL TO: GURALNICK, GILLILAND & KNIGHTEN 40-004 Cook Street, Suite 3 Palm Desert, CA 92211 �2®16-®®26956 01/23/2018 02:00 PM Fee: $ 122.00 Page 1 of 12 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder THIS SPACE FOR RECORDER'S USE ONLY ARCHITECTURAL IMPROVEMENT AGREEMENT RE: APN 776-340-016,50597 CEREZA, LA QUINTA, CA 92253 [Cover Sheet] RECEIVE® JAN 16 2018 CITY OF LA QUINTA COMMUNITY DEVELOPMENT #046 ARCHITECTURAL IMPROVEMENT AGREEMENT THIS AGREEMENT is made by and between THE CITRUS COURSE HOMEOWNERS ASSOCIATION, a California Nonprofit Mutual Benefit Corporation (hereinafter "Association") and DANIEL AND JUDY HERNS (hereinafter, collectively, "Owners"). RECITALS WHEREAS, Association is a California Nonprofit Mutual Benefit Corporation whose specific and general purposes, as recited in the Articles of Incorporation, are to provide for the preservation, management, maintenance and care of the architecture and appearance of a development project known as The Citrus Course (hereinafter "Subdivision" or "Project'); WHEREAS, Owners' residential lot within the Subdivision is commonly referred to as 50597 Cereza, La Quinta, California and is more particularly described in Exhibit A, attached hereto and made a part hereof by this reference (hereinafter "Owners' Lot"); and WHEREAS, Owners have submitted an Architectural Variance Request to the Association's Board of Directors to permit various modifications to Owners' Lot including, but not limited to, new planters, new masonry walls, new sidewalk and other related improvements as identified within the Final Approved Plans described herein (hereinafter, collectively referred to as the "Modifications"); WHEREAS, the Modifications will extend into the Common Area by 450 square feet; and WHEREAS, Owners represent to the Association that said Modifications shall conform in all respects to the Amended and Restated Architectural Rules, Standards and Guidelines ("Guidelines"), excepting only the issues addressed within this Agreement, pursuant to the final plans and specifications submitted to and approved by the Architectural Committee (an index of which is attached hereto as Exhibit B and made a part hereof by.this reference — "Final Approved Plans"), this Agreement, and the CC&Rs; and WHEREAS, in accordance with Sections 5.2.8 and 7.8 of the CC&Rs, the Association is willing to grant Owners an exclusive use easement of approximately 450 square feet of Common Area, -in accordance with Civil Code Section 4600(b)(3)(E) which provides that membership approval is not required if the grant of exclusive use is to transfer the burden of management and maintenance of the common area to the benefitted owners and the common area at issue is generally inaccessible and not of general use to the membership at large; and WHEREAS, Association is willing to grant Owners an architectural rules variance to allow installation of the Modifications in accordance with the following: • The portions of Common Area for which Owners seek exclusive easements are nominal in area, adjacent to the Owners' Lot and do not unreasonably interfere with any other owner's use or enjoyment of their property; and • Civil Code Section.4600(b)(3)(E) provides that membership approval is not required if the grant of exclusive use is to transfer the burden of management and maintenance of the common area to the benefitted owners and the common area at issue is generally inaccessible and not of general use to the membership at large; and herein. Owners have agreed to execute this Agreement and to comply with the terms set forth AGREEMENT NOW, THEREFORE, the parties hereto acknowledge, covenant and agree as follows: S:196-130V1g reementslA[A196.130.0 GH.AIA.wpd ARCHITECTURAL IMPROVEMENT AGREEMENT 1. The foregoing Recitals are true and correct and are hereby incorporated into this Agreement by this reference. 2. Conditions of Approval. Owners understand, covenant and agree that in consideration for the Association's approval of the request for architectural variance to allow the Modifications to Owners' Lot and the grant of exclusive use easement over portions of the common area, the specific conditions / requirements contained herein must be met. 3. Easement. In accordance with Civil Code Section 4600(b)(3)(E), which provides that membership approval is not required if the grant of exclusive use is to transfer the burden of management and maintenance of the common area to the benefitted owners and the common area at issue is generally inaccessible and not of general use to the membership at large, the Association hereby grants to Owners the exclusive use easement of approximately 450 square feet for purposes of installing the Modifications and the use, maintenance, repair and replacement of same ("Easement") in, over, through and across that portion of the Common Area Land as depicted by cross -hatching in Exhibit C, attached hereto and made a part hereof by this reference, for exclusive use for the Modifications ("Easement Area"). 4. Security Deposit and Fees. a. Non-refundable application fee and security deposit as set forth in the Guidelines; $2,750 as part of the consideration for the grant of the Easement; and $1,250 to prepare and recordthe Agreement will be charged to Owners' Association account. In the event such fees are not paid, Owners hereby agree that such delinquent fees may be collected in the same manner and method as regular monthly assessments are collected, pursuant to the Association's current collection policy. b. All security deposits shall be paid to the order of The Citrus Course Homeowners Association and shall be placed in an Association bank account to be drawn against by Association for any and all of the following: (1) legal expenses; (2) consulting fees; (3) filing fees; (4) recordation costs; (5) administrative costs; (6) costs to repair any damage to the common area and/or streets caused by the construction of the Modifications; (7) any other costs directly related to and/or necessary for the supervision of the Modifications, as well as to reimburse the costs necessary for the Association to bring the Modifications into compliance with the CC&Rs and/or the Guidelines and/or the terms of this Agreement; and (8) payment for any Compliance Assessment levied in accordance with the Association's Enforcement Procedure. C. All applicable deposits and fees must be paid to the Association before construction may commence. 5. Compliance with Building Code, Association Rules. The installation and construction are to be performed and completed in compliance with the Uniform Building Code, all laws and ordinances of the City of La Quinta, and in compliance with the CC&Rs, the Guidelines, the Exhibit B Plans and Specifications submitted by Owners to the Architectural Committee, and this Agreement. Owner will pay for any and all building fees and/or other assessments and charges required by such public agency. All improvements shall be constructed by a contractor licensed by the State of California to perform same. 6. Association Inspection. Association hereby reserves the right to have its own contractor, independent consultant, or other representative (hereinafter "Association's Representative") review the Modifications to assure that installation has been made in accordance with the plans and specifications submitted. Owners hereby agree that Association may cause said inspection and further agrees to reimburse the Association for any costs to conduct said inspection and /or make corrections to any deficiencies identified by the Association's inspector. 7. Insurance. Owners shall also submit to the Association a copy of the current certificates of insurance of Owners' contractor as well as the additional insured endorsements as enumerated below, to the Association before commencement of work under this Agreement. The additional insured endorsements must have both Primary and Non -Contributory wording. a. Comprehensive general liability insurance with limits of not less than $500,000.00 for each S:196-13014greemenlsVALA196-130.DGH.AIAwpd 2 ARCHITECTURAL IMPROVEMENT AGREEMENT r person and $500,000.00 for each accident. Said liability insurance shall include coverage either in its policy or through an endorsementfor broad form property damage, including completed operations, and shall insure against any risk of loss or damage caused by the installation and construction of the Modifications. b. Appropriate bodily injury insurance with limits of not less than $500,000.00 for each person and $500,000.00 for each accident. C. Workers compensation insurance for all of contractor's personnel, including any subcontractors, who will be working within the Subdivision related to the Modifications. d. A certificate of insurance for workers compensation shall be furnished as stipulated in the preceding paragraph. The certificate shall be delivered to the designated representative of the Association prior to commencement of any work related to the Modifications. e. All policies for liability protection, bodily injury and property damage shall specifically name the Association as an additional insured in all respects, and certificates of same with property executed endorsements shall be furnished to the Association prior to the commencement of any Modifications. The additional insured endorsement must have both Primary and Non -Contributory wording. The insurance certificate and endorsement shall contain an additional stipulation that written notice of any policy changes shall be furnished to the Association's General Manager within 48 hours of such change being made and shall require that notice of any policy cancellation shall be furnished to the Association's General Manager within ten (10) days of any cancellation notice. 8. Maintenance Responsibilities. a. Except as otherwise provided in this Agreement, Owners for themselves, as well as for their successors and assigns, covenant and agree that they will be solely responsible for all maintenance related to the Modifications including, but not limited to, management and maintenance of the Easement Area ("Maintenance"). b. If Maintenance is not facilitated within fifteen (15) days of awritten demand to facilitate same, Owners agree to permit the Association to effect such Maintenance and thereafter levy the costs for same to Owners. In the event such costs are not reimbursed to the Association by Owners, Owners hereby agree that such costs may be collected in the same manner and method as regular monthly assessments are collected, pursuant to the Association's current collection policy. Except as otherwise provided in this Agreement, Owners for themselves, as well as for their successors and assigns, covenant and agree that they shall be solely responsible for all Maintenance related to the Modifications. C. Owners shall also be responsible for any damage to any and all real or personal property or for any injury resulting from the Modifications and/or the maintenance thereof. 9. Indemnification. a. Owners shall indemnify for themselves, as well as for their successors and assigns, and covenant and agree to hold Association harmless from all claims, demands or liability arising out of or encountered in connection with this Agreement, the Modifications and/or the Easement Area including, but not limited to claims, demands or liability for property damage and/or person injuries occurring during construction/installation, as well as after completion, whether such claims, demands or liability are caused by Owners, Owners' agents or employees, excepting only such injury or harm as may be caused solely and exclusively by Association's gross negligence. b. Owners shall further indemnify and hold the Association and any other owner within the Subdivision harmless from any and all liability related to any and all damage to existing improvements caused by the Modifications whether during the construction / installation as well as after completion. C. Owners shall also indemnify for themselves, as well as for their successors and assigns, and covenant and agree to hold Association harmless from all claims, demands or liability arising out of or S:596-130V1greemenLs5AIA596-130.DGH.AIA.wpd 3 ARCHITECTURAL IMPROVEMENT AGREEMENT encountered in connection with this Agreement, the Modifications and/or the Easement Area including, but not limited to claims, demands or liability for the Association's reliance upon Civil Code Section 4600(b)(3)(E) which provides that membership approval is not required if the grant of exclusive use is to transfer the burden of management and maintenance of the common area to Owners and the common area at issue is generally inaccessible and not of general use to the membership at large. 10. Running with the Land. Owners agree that this Agreement shall be a covenant running with the land as it relates to Owners' Lot and shall bind and be a charge upon Owners' Lot and to the successors or assigns hereof. 11. Miscellaneous Provisions. a. This Agreement shall not be modified by either party by oral representation made before or after execution of this Agreement All modifications must be in writing and sighed by both parties. b. Should arbitration or other legal action be brought to enforce or interpret any part of this Agreement, the prevailing party shall be entitled to recover as an element of cost of suit and not as damages, reasonable attorneys' fees to be fixed by the arbitrator. The prevailing party shall be entitled to recover his/her/their costs of suit, regardless of whether such suit proceeds to final judgment. C. This Agreement shall not be construed against the party preparing it but shall be construed as if both parties prepared this Agreement and in accordance with the laws of the State of California. d. If any term or provision of this Agreement or application thereof is held invalid or unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term.and provision of this Agreement shall be valid and shall be enforced to the fullest extent provided by law. e. Time is of the essence of all provisions of this Agreement. f. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns and personal representatives of the respective parties. 12. Arbitration. Any claim, controversy or dispute of whatever nature arising out of or concerning this Agreement shall be resolved byfinal and binding arbitration according to the Judicial Arbitration and Mediation Services (JAMS) Rules of Practice and Procedure then in effect, except that the parties shall be entitled to only such discovery as is permitted by Code of Civil Procedure Section 1283.05 and any amendment thereto or successor statutes. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented. The arbitrator is authorized to award any party or parties such sums as he/she shall deem proper for the time, expense, including but not limited to, costs and legal fees, and trouble of arbitration. The arbitration shall be binding on the parties. 13. Counterparts. This Agreement may be executed in counterparts and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the same Agreement, which shall be binding in effectiveness to all parties. [signatures on next page] S:\96.1301/Agreements%ALA%96.130AGH.AIA.wpd 4 ARCHITECTURAL IMPROVEMENT AGREEMENT NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is'attached, and not the truthfulness, accuracy, or validity of that document. i State of California ) County of Riverside ) On January 22, 2018 before me, MONIKA RADEVA, Notary Public, personally appeared WILLIAM CARL JONES who proved to me on the basis of satisfactory evidence to be the personks}• whose names} isler-e subscribed. to the within instrument, and acknowledged to .me that he/she4 ey executed the same in his/weir authorized capacity{ies, and that by his/he4th& signatureks) on the instrument the persons , or the entity upon behalf of which the person{} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California. that the foregoing paragraph.is.true and correct. r MONIKA RADEVA Notary Public - California . WITNESS my hand and official seal$ . Riverside County °Z - Z Commission * 2168979 D MY Comm. Expire Oct 22, 2020 Signature: (notary seal) DOCUMENT: Architectural .Improvement Agreement - 50597 Cereza, La Quinta, CA 92253; APN: 776-340-016; Tract 32750; Lot 16 Easement of approximately 450 square feet for purposes of installing the Modifications and the use, maintenance, repair and replacement of same. NOTARY ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State'of California County of Riverside On January 22. 2018 before me, MONIKA RADEVA, Notary Public, personally. appeared DANIEL GARY HERNS who proved to me on the basis of satisfactory evidence to be the persons} whose name{s.} is4i a subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitykies) and that by his1h,�e;r signature{ -s} on the instrument the person{ or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MONIKA RADEVA WITNESS my hand and official seal. Notary Public - California C =: Riverside County i Z Commission #E 2168979 My' Comm. Expires Oct 22, 2020 Signature: (notary seal) DOCUMENT: Architectural Improvement Agreement - 50597 Cereza, La Quinta, CA 92253; APN: 776-340-016; Tract 32750; Lot 16 Easement - of approximately 450 square feet for purposes of installing .the Modifications and the use, maintenance, repair and replacement of same. I NOTARY ACKNOWLEDGMENT A notary public or other officer. completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On January 22, 2018 before me, MONIKA RADEVA, Notary Public, personally appeared JUDY A HERNS who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/a-re .subscribed to the within instrument, and acknowledged to me that 4e/she4hey executed the same in /her/their authorized capacity{ -+est and that by #Es/her!#heir signatures} on the instrument the personks4, or the entity upon behalf of which the person{ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MONIKA RADEVA WITNESS my hand and official seal. California Public California i Riverside County _ z ' ° Commission # 2168979 My Comm. Expires Oct 22, 2020 Signature: (notary seal) DOCUMENT: Architectural Improvement Agreement - 50597 Cereza, La Quinta, CA 92253; APN: 776-340-016; Tract 32750; Lot 16 Easement of approximately 450 square feet for purposes of installing the Modifications and the use, maintenance, repair and replacement of same. EXHIBIT A LEGAL DESCRIPTION OF SUBJECT LOT APN 776-340-016 The land referred to herein below is situated in the City of La Quinta, in the County of Riverside, State of California, and is described as follows: PARCEL 1: Lot 16 of Tract No. 32751, as shown by Map on file in Book 424 Pages 89 through 93, inclusive of Maps, records of Riverside County, California. Excepting therefrom all oil, minerals, natural gas and other hydrocarbons by whatsoever name known, geothermal resources, metalliferous orother ores, and all products derived from any of the foregoing, that may be within or under the property, and all rights associated with the foregoing together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and moving the same from said land or any other land, including the right to whipstock or directionally drill and mine from lands other than the property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the property and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate through the surface or the upper five hundred (500) feet of the subsurface of the property, as reserved in the deed recorded March 03, 2005 as Instrument No. 2005-0169991 of Official Records. PARCEL 2: Non-exclusive rights of ingress, egress, and support through the common area as described in the Restated Declaration of Covenants, Conditions, Restrictions and Easements for The Citrus Course Homeowners Association, A Planned Residential Development recorded July 10, 2014 as Instrument No. 2014-0255878, Official Records. S:196-1301AgreemenlsWAWA30.DGH.AIAwpd 6 ARCHITECTURAL IMPROVEMENT AGREEMENT EXHIBIT B INDEX OF FINAL APPROVED PLANS Date DeserhMon of Document # Of Pages 11/10/17 '=Emafl Communications between D. Hems and Association 4- - Manag provift additional detail re the Modificallons Undated Defamed Plans, ins and Photograptdc RenderbW 13 cwtalft electronic notes of the Associaon 11/17117 Product Shads: Penny Tde, Tam Tde and Saitr'go THe 8 5 h K � � 5 4 ti��f cn ml +ae" YY r s AfOLIZO hEval III (Z C4 zh7z a con r g° z C F**4 kEZd (C4 1 A�� O 1 � Nnnxr�'" CrJ w z ° 0g -6o �� a C) r >rd�y � ::Im Oa Om Oz It r ►-d r -, 00 r n A m0 C — 0 0g -6o �� Q0) i Zm 90 N �0�� 0 C ::Im Oa Om Oz �, �