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CC&Rs - PGA West Fairways 2015 - Signature (Villas 14) - Amend 1 - recordedRecording Requested By: First American Title Company National Homebuilder services Subdivision Department DOC # 2015-0636660 12/10/2015 01:59 PM Fees: $90.00 Page 1 of 26 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder WHEN RECORDED RETURN TO: "This document was electronically submitted to the County of Riverside for recording" SONGSTAD RANDALL COFFEE & HUMPHREY LLP Receipted by: SOPHIA #466 3200 Parlc Center Drive, Suite 950 Costa Mesa, California 92626 Attn: Timothy L. Randall 399 2ajq-/+ FIRST AMENDMENT TO SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SIGNATURE AT PGA WEST (VILLAS) PHASE 1 THIS FIRST AMENDMENT TO SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SIGNATURE AT PGA WEST (VILLAS) PHASE 1 ("First Amendment") is made this lst day of December, 2015 by LQR GOLF ZLC, a Delaware limited liability company ("Company" and "Declarant"), and RREF II-CWC LAQ, LLC, a California limited liability company, its successors and assigns (the "Developer") with regard to the following: RECITALS A. KSL Land IV Corporation, a Delaware corporation ("KSL"), and Developer caused that certain Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 to be recorded in the Official Records of County of Riverside, California, on September 9, 2015, as Document No. 2015-0402599 (the "Supplementary Declaration"). B. All of the rights of KSL as "Declarant" under the Fairways Declaration were assigned to Declarant pursuant to that certain Assignment of Declarant Rights (MSR to LQR) recorded on June 6, 2015, as Document No, 2015-0235306, of Official Records of Riverside County, California, . C. Pursuant to the terms of Section 8.4.6 of the Supplementary Declaration, Declarant and Developer desire to amend the Supplementary Declaration as more particularly set forth herein. D, Capitalizcd terms not otherwise defined herein shall have the meanings as. set forth in the Supplementary Declaration, First Amendment to SgDee (Villas Ph 1 v2) Final.doex NOW, THEREFORE, it is declared as follows: 1. The following sections are hereby added to Article V, Use Restrictions, of the Supplementary Declaration: 5.13. Time Sharing. Notwithstanding the terms of Section 18.3 of the Fairways Declaration, a Dwelling may not be divided or conveyed on a time increment basis (commonly referred to as "time sharing") of measurable chronological periods other than pursuant to a written lease as permitted pursuant to Section 10.17 of the Fairways Declaration. The term "time sharing" as used herein shall be defined to include, but shall not be limited to, any agreement, plan, program or arrangement under which the right to use, occupy or possess the Condominium or any portion thereof in the Properties rotates among various persons, either corporate, partnership, individual or otherwise, on a periodically recurring basis for value exchanged, whether monetary or like -kind use privileges, according to a fixed or floating interval or period of time sixty (60) consecutive calendar days or less. 5.14. Leases. Notwithstanding the terms of Section 10.17 of the Fairways Declaration, no Owner may lease a Dwelling for an initial term of less than thirty (30) days, or for hotel, motel or transient purposes or any other purpose inconsistent with the provisions of the Supplementary Declaration, the Fairways Declaration or applicable law. 2. Section 8.4.7 of the Supplementary Declaration is hereby deleted in its entirety and the following substituted in its stead: 8.4.7 Notwithstanding any other provisions of this Section 8.4 (but excepting Section 8A.6 herein), Developer, upon prior written notice to the Association (for so long as Developer owns any portion of the Properties or the Annexable Property) may unilaterally amend this Supplementary Declaration by recording a written instrument signed by Developer in order to (i) correct typographical errors, (ii) change any exhibit to this Supplementary Declaration or portion of an exhibit depicting property that is not part of a Phase for which assessments have commenced, and (iii) change any exhibit to this Supplementary Declaration or portion of an exhibit to- conform to as -built conditions. In addition, Developer may, with the prior written consent of the Association, amend this Supplementary Declaration by recording a written instrument signed by Developer in order to (i) conform this Supplementary Declaration to applicable law, (ii) conform this Supplementary Declaration to the requirements of VA, FHA, CalBRE, FNMA, GNMA, FHLMC, the City or County. 2 First Amendment to SupDec (Villas Ph I v2) Final.docx 3. Exhibit "C". Exhibit "C" as attached to the Supplementary Declaration entitled "Parking Restrictions and Golf Cart Paths" is hereby deleted in its entirety and Exhibit " C " as attached hereto is substituted in its stead. 4. Exhibit "B". Exhibit "E" as attached to the Supplementary Declaration entitled "The Signature (Haciendas -Estates) Maintenance Matrix" is hereby deleted in its entirety and Exhibit "E" as attached hereto entitled "The Signature (Villas) Maintenance Matrix" is hereby substituted in its stead, 5. Ratification/Full Force, All of the terms and conditions as set forth in the Supplementary Declaration, as amended by this Amendment, are hereby ratified by Declarant and Developer. Except as specifically provided herein, all of the terms and provisions of the Supplementary Declaration shall remain unchanged and in full force. [Balance of page intentionally left blank] 3 First Amendment to SupDec (Villas Ph I v2) Final.docx IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and year first above written. COMPANY: LQR GOLF LLC, a Delaware limited liability company By: LQR La Quinta, Inc., a Delaware corporatio Its Sole ber By: I I A�� Name; Its; t-11 By: Name: Its; DEVELOPER: RREF II-CWC LAQ, LLC, a California limited liability company By: California West Construction, Inc., a California corporation Its Authorized Agent Signed in Counterpart By: Name: Title: 4 First Amendment to SupDee (Villas Ph I v2) Final.doox A notary public or other officer completing this certificate verified 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 o is ► v lix ss. COUNTY OF _ IVY w � 0 1Z ) On Decewber ,2015,beforeme, SUsari VP,%$t0 KIK, Notary Public, personally appeared _ A g m C� 11 i c i t( e t I 14A ht G ro w A , who ,proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they/executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SUSAN KRISTEN KIM NOTARY PUBUGSTAT@ OF NEW YORK No. 02KI6222895 Qualified in New York County My Commission Expires d U N G & 1G 5 First Amendment to SupDec (Villas Ph 1 v2) Final.docx IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the day and year first above written, COMPANY: LQR GOLF LLC, a Delaware limited liability company By: LQR La Quinta, Inc., a Delaware corporation Its Sole Member Signed in Counterpart By: Name: Its: By: Name: Its: DEVELOPER: RREF II-CWC LAQ, LLC, a California limited liability company By: California West Construction, Inc., a California corporation Its Authorized Aaent _ By:_ Name: Title: 4 First Amendment to SupDec (Villas Ph 1 v2) Final.docx A notary public or other officer completing this certificate verified 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 ) )' ss. COUNTY OF San Diego ) On December 7 , 2015, beforeme, M. K _ St„rkey Notary Public, personally appeared _ D o n a l d W F o n t; a n a , who proved to me on the basis of satisfactory evidence to be the personN whose name(p is/a* subscribed to the within instrument and acknowledged to me that he/skeAhf y/executed the same in his/hXr/th�r authorized capacity(i s) and that by his/hl r/thW signature on the instrument the person(, or the entity upon behalf of which the persono acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------- M K STUCKEY Commission R 2107610 • Notary Public • California San Diego County yM r Comm, Ex toes Ma 16,2Q19 .K JJ,,,,K., - Notary Public First Amendment to SupDec (Villas Ph 1 v2) Final.doex ILLEGIBLE NOTARY SEAL DECLARATION Govenunent Code Section 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement attached reads as follows: Name of Notary: M K STUCKEY Date Commission Expires: May 16, 2019 Notary Commission No: 2107610 County Where Bond Filed: San Diego Manufacturer/Vendor Identification No: N/A Place of Execution of the Declaration: Corona, CA Date: /A- /0 j First American Title Company SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust recorded on January 23, 2014 as Instrument No. 2014-0027933 (the "Deed of Trust"), by and among RREF 11-CWC LAQ, LLC, a California limited liability company, as Trustor, First American Title Insurance Company, as Trustee, and Pointe Larsen, LLC, a California limited liability company, as Beneficiary, hereby subordinates the Deed of Trust and its benefit interest thereunder to the foregoing Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1. Dated; ` POINTE LARSEN, LLC, a California limited liability company By; Rembold Properties, LLC, Its Manager-- �1.i�f.1�1T��al."1t�1�'ll'l�l��[i 7 First Amendment to SupDec (Villas Ph I v2) Final.doex A notary public or other officer completing this certificate verified 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. D G'� STATE 0F£G1= ) ss. COUNTY OF OnU((? (Y\'QC(- , 2015, before me, ,Notary Public, personally appeared \y (AU Rf . C • 0ey- 1 , who proved to me on the basis of satisfactory evidence to be the person(Wwhose namek(z) is/ire subscribed to the within instrument and acknowledged to me that he/,t[hpjj+/executed the same in his/ et,4& authorized capacity( ) and that by hisWtl�k signaturef4 on the instrument the person, or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OFFICIAL STAMP 5.il~•F HANIE L O'SWEA �, f= NOTARY PUBUC•OREQON COMMISSION NO.94W45 MY COMMISSION EXPIRES OCTOBER 14, 2019 8 First Amendment to SupDec (Villas Ph 1 v2) Final.doex 4� i tAn Notary Pu SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 14, 2014, as Instrument No. 2014-0309566 (the "Deed of Trust"), by and among RREF Il-CWC LAQ, LLC, a California limited liability company, as Trustor, First American Title Insurance Company, as Trustee, and Western Alliance Bank, an Arizona corporation, as Beneficiary, hereby subordinates the Deed of Trust and its benefit interest thereunder to the foregoing Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1. Dated: fzz2�7 � WESTERN ALLIANCE BANK, an Arizona corporation By: Name: Title: First Amendment to SupDeo (Villas Ph 1 v2) Final.doex 0 A notaiy public or other officer completing this certificate verified 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. N�ZiI STATE OF-eAi;IFE0R7 ) ss. COUNTY OF tAAC--i c -4w— On ? , 2015, before me, j (° .�(` h ,Notary Public, personally appeared C 1 C �Cuv� who proved to me on the basis of satisfactory evidence to be the persono whose name(&') is/pe subscribed to the within instrument and acknowledged to me that he/sheitJ ey/executed the same in his/her/tUefr authorized capacity(ieS) and that by his/her/their signaturekgj on the instrument the person(4, or the entity upon behalf of which the person( acted, executed the instrument. err Zc� I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OFFICIAL SEAL GAIT B. GEACH . NOTARY PUBLIC . $fate of Arizona MARICOPA COUNTY MY Comm.:Exores Sanuary Z, 2018 Notary Public 10 First Amendment to Supl)ec (Villas Ph 1 v2) Final.docx SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust recorded on August 14, 2014, as Instrument No. 2014-0309567 (the "Deed of Trust"), by and among RREF II-CWC LAQ, LLC, a California limited liability company, as Trustor, First American Title Insurance Company, as Trustee, and Western Alliance Bank, an Arizona corporation, as Beneficiary, hereby subordinates the Deed of Trust and its benefit interest thereunder to the foregoing Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1. Dated: ►2 h - I Zo j j- WESTERN ALLIANCE BANK, an Arizona corporation By: Nam . ,'Y l � ,�_ "1 Title: V i CJ- First Amendment to SupDec (Villas Ph 1 v2) Final.docx 11 A notary public or other officer completing this certificate verified c,:ily the identity of the individual who signed the document to which this certificate is attached, and not the truthfiilness, accuracy, or validity of that document. t FZl` ') A STATE OF. ) ss. COUNTY OF hPZ I (of A ) On �C_tYl� �, , 2015, before me, Notary Public, personally appeared C ' C:) who proved to me on the basis of satisfactory evidence to be the persons whose name(.' islAre subscribed to the within instrument and acknowledged to me that he/she/they/executed the same in his/lpr/tbiair authorized capacity(jag) and that by his/li,er�ir signature(*�on the instrument the persoilK,, or the entity upon behalf of which the person.(a) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and Correct. WITNESS my hand and official seal. 4 c OFFICIAL SEAL GAIL B. GEACH "—�"• NOTARY PUBLIC - State of ArIZOna • �.' MARICOPA,000NiY COMM. Expires January 23.2018 Notary Public 12 First Amendment to SupDee (Villas Ph 1 v2) Final.docx EXHIBIT "C" PARKING RESTRICTIONS AND GOLF CART PATHS First Amendment to SupDec (Villas Ph 1 v2) Final.docx 014 O z ■ O U tl Ll o co -(n 7C�]171-VV(1NLtt�l-d--- m \ ^ .. \ (1) O ✓ r f �M � �� .�6� !� `� Mom. C, `�\ \\ \\\ a ---------------- J _' kl --,.�-------------- �'b[ i • ? ¢ Div04 4,1 cq 1 r} t -••- cq t 1 i t V N [�A9 /t ET I if W z { ' J�)�0! I YID, Iof II Z I A 101 -d"� E� !'O .pry dm '- k of Q� �I�--�_ �S � I �B/li� r�'- a--•_— r � r r 1 CL Las �'1J n ' •-% _�-' 1�.." r.l i ` t r ! r m� ' 1L laci'. IN = r rlt ITW I- �) t u - �ti r c L 14 t Cr r l 1 'i !�-I—`� rllj ; ' l�� , FF ? yFF '`�,•' 0- aab`Aalnoa voci *"�\O`T� 2 d o 4 W d7�' z GAP '20 O • �Ia U-) O I N J W I N m a Q z w w ww r UQW I AVM S>IdO IyA0d w P nF� �Q U I a , ZI W Q U 0 LL- V)J V O 3 0 o F- w � � w Q d (N Vi Q Q F- F- I o U U N L- L" o Ll Q Z l i ®� 0 W I J 0 EXHIBIT "E" THE SIGNATURE (VILLAS) MAINTENANCE MATRIX First Amendment to SupDec (Villas Ph 1 v2) Final,docx THE SIGNATURE (VILLAS) MAINTENANCE MATRIX SPECIFIC MAINTENANCE OBLIGATIONS* CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE BUILDING Building Structural Integrity Roof Foundation Internal Structural Components of Building Common Building Walls Building Wall Exterior Surfaces Stucco Siding Surface Finishes Fire Sprinklers Dwelling Entry Door Door Hardware Doorbell * NOTES: Maintain, repair and replace wallboard and surface finishes inside the Unit. Maintain, repair and replace in working order at all times sprinkler heads and other components solely serving the Unit. Maintain, repair and replace lock, strike plate, doorknobs, hinges and openers (as applicable). Maintain, repair and replace interior and exterior components. Maintain per schedule in MM Maintain per schedule in MM. Maintain per schedule in W. Maintain structural elements per schedule in MM, including any fire assembly, noise mitigation measures and insulation. Maintain per schedule in MM. Maintain per schedule in MM. Maintain per schedule in MM. Maintain pipes, valves and pressure gauges that serve more than one Unit. Maintain and test all systems per schedule in MM. 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 1 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * -T FAIRWAYS BASE Weather-stripping Maintain, repair and replace. Frame Maintain per schedule in MM. Replacement of Door Maintain, repair and replace door as necessary Outdoor Paint or Other Finish Touch up with same color and Maintain per schedule in MM. material if necessary between scheduled Association Maintenance. Indoor Paint or Other Finish Maintain, repair and replace. Garage Door Maintain, repair and replace door Maintain, repair and replace door and opener, hardware and weather paint exterior surface per schedule in stripping; keep all surfaces clean. MM. Owner is responsible for accidental damage to the garage door not related to normal wear and tear. Windows (except sliding glass Maintain, repair and replace and Maintain frame per schedule in MM. doors) regularly clean indoor and outdoor surfaces of glass if accessible. Maintain weather-stripping, caulking, locks, screens, and replace broken glass. Sliding Glass Doors Hardware Maintain, repair and replace lock, Maintain frame per schedule in MM. weather stripping, rollers, screen door (including screen, frame and lock) keep track clear of obstructions. Glass Maintain, repair and replace glass. Replace broken glass as necessary. Regularly clean indoor and outdoor surfaces. * NOTES: 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 2 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE Exterior Lights Bulbs at Garage, Front Door and Re -lamp, maintain/replace. Second Story on the Front of Buildings Garage Fixture, Electricity and Maintain, repair and replace per MM. Photo Cell Fixtures at Front Door, Maintain, repair and replace per MM. Patio/Courtyard, Balcony/Deck, and at Second Story on the Front of the Building Front Door, Patio/Courtyard, Maintain. Balcony/Deck and Second Story on the Front of the Buildings Electricity Courtyard/Patio and Re -lamp, maintain/replace. Balcony/Deck Bulbs Stairways, handrails and gates Maintain per schedule in MM. that are not inside the Units. UTILITIES AND APPLIANCES Unit systems - Water pressure Maintain, repair and replace regulator, water heater, plumbing portions that exclusively serve the outlets and fixtures in Unit, built- Owner's Unit. in appliances (including, but not limited to garbage disposal, microwave, range, and ovens), electrical wiring and circuit breakers. HVAC, including air conditioning Subject to any required approval of compressor(s) and related the Association, each Owner shall equipment serving individual maintain, repair and replace those Unit. portions of any HVAC equipment, heater and air conditioner compressor if located in Unit or * NOTES: 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 3 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE Exclusive Use Area. Telephone, cable television and Maintain, repair and replace other communication technology wiring exclusively serving a Unit. Utility Service Maintain, repair and replace gas Maintain all utilities serving lines not serviced by provider or Association Property or more than one Association and water and Unit electrical utilities not serviced by provider or Association. INTERIOR OF DWELLING Maintain, repair and replace all UNIT AND GARAGE elements not designated for maintenance by Association. Indoor floor coverings Maintain, repair and replace; Association to pre -approve in writing replacement floorings and underlayments. Indoor wall surfaces and ceiling Maintain, repair and replace, including paint and other wall coverings (including wallpapers), patch and repair drywall. Plumbing fixtures Maintain, repair and replace indoor Maintain, repair and replace non - plumbing fixtures including but not exclusive pipes and other fixtures limited to sinks, toilets, bath, serving more than one Unit. shower, faucets, sink hardware, supply hoses and lines for sinks, toilets and washing machine and gas line for dryer. Owner may plunge blocked drains but may not use a snake in any pipe unless instructed to do so by the Association. Owner shall hire qualified, licensed and insured 1 If wallpaper is removed by the Association in the event of the maintenance, repair or replacement of other improvements (due to whatever cause), the replacement of such wallpaper shall not be the responsibility of the Association; the Owner shall be solely responsible for its replacement. * NOTES: 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 4 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE contractor for all maintenance of water, gas and sewer pipes. Sewer service exclusively Maintain, repair and replace. serving a Unit Owner is responsible for any sewer line backups in the Unit. Cabinets Maintain, repair and replace. Interior doors and hardware Maintain, repair and replace. Appliances Maintain, repair and replace appliances and appurtenant facilities. Vents and Fans Owner shall maintain, repair and Association shall maintain, repair and replace dryer vents and exhaust replace vents and exhaust fans exiting fans exiting through the side wall through the roof of the building. of the building. Electrical Maintain, repair and replace outlets Maintain wiring and distribution and switch wiring and distribution equipment serving more than one Unit. except that which does not exclusively serve the Unit, wherever located. Owner shall hire qualified electrical contractor approved by the Association for all electrical maintenance work. Smoke detector Maintain, repair and replace (including periodic testing and battery replacement). EXCLUSIVE USE COMMONAREAS Porch (Plan 2 Only) Sweep porch clean and keep free of Maintain structural integrity and debris and trash. Except as surface of any wall enclosing the porch provided below, Owner is not or separating adjoining porches. responsible for the periodic Maintain structural integrity of the structural repair, resurfacing, porch per schedule in MM. sealing, caulking, replacement or painting of the fencing, floor and * NOTES: 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 5 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE wall surfaces in the Exclusive Use Area porch so long as the need for such painting, repair or replacement is not caused by the willful or negligent acts of the Owner or his family, tenants or guests. No modifications are permitted to the porch. Deck Sweep deck clean and keep free of debris and trash. Except as provided below, Owner is not responsible for the periodic structural repair, resurfacing, sealing, caulking, replacement or painting of the fencing, floor and wall surfaces in the Exclusive Use Courtyards/Patios Plan 1: Side Courtyard/Patio Plan 2: Side Courtyard/Patio Plan 3: Front Entry Courtyard, Front Patio, Rear Patio Plan 4: Front Entry Courtyard, Front Patio, Rear Patio Walls, Gates * NOTES: Area deck so long as the need for such painting, repair or replacement is not caused by the willful or negligent acts of the Owner or his family, tenants or guests. No modifications are permitted to the deck. Maintain structural integrity and surface of any wall enclosing the deck or separating adjoining decks. Maintain structural integrity and surface of deck per schedule in MM. Sweep and keep free of debris and I Maintain, repair and replace concrete trash. Modifications to the concrete slab are prohibited. Improvements to the courtyards and patios, such as installation of fountains and pots, require written approval from the Association. Keep clean; maintain, repair and/or replace the locking mechanism on the gates as needed. and drainage within Exclusive Use courtyards and/or patios. Maintain structural integrity and surface of any wall enclosing or separating courtyards and patios. 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 6 of 7 CONDOMINIUM OWNER ASSOCIATION VILLAS SBA * FAIRWAYS BASE Interior drainage/splash blocks Maintain, repair and replace. Utility Systems Maintain, repair and replace gas Maintain, repair and replace non - stubs and electrical outlets within exclusive pipes and other fixtures the exclusive use common area serving more than one Unit. Maintain exclusively serving a Unit. Owner all utilities serving Association shall hire qualified contractor Property and more than one Unit. approved by the Association for all Maintain electrical wiring and utility system maintenance work. distribution equipment serving more than one Unit. Hose Bibs Maintain, repair and replace. Pest Control Owner to maintain pest control within exclusive use common areas. Mailbox Replace lost key or broken lock as Maintain clustered structures per necessary. schedule in MM. ASSOCIATION PROPERTY Association Property Maintain, repair and replace per Landscaping, Irrigation, Site schedule in MM. Lighting, Drainage and Exterior Pest Control Association Property Maintain, repair and replace Open Space Parks in Phase I per schedule in MM. Condo Plan (including fencing, walkways, landscape, irrigation, lighting, drainage, fountain, shade structure and bench) Association Property Maintain, repair and replace Private Streets per schedule in MM. Water Quality Management Plan Maintain, repair and replace Best Management Practices per schedule in MM. * NOTES: 1. Maintain, capitalized or not, means "maintain, repair and replace". 2. This schedule is not an exhaustive list of Association maintenance obligations, but supplements relevant provisions of the Fairways Declaration and Supplementary Declaration (as applicable). 3. Not all components set out in this Exhibit may be included in all Units. Maintenance obligations shall apply where applicable. 4. "SBA" means Special Benefits Area. 5. "MM" means Maintenance Manual. 6. Maintenance shall be performed in conformance with the applicable Maintenance Manual. The Signature (Villas) 12/07/2015 Specific Maintenance Obligations Page 7 of 7