Loading...
CC&Rs - PGA West Fairways 2023 - Signature (Villas 14) - Amendment - recorded2023-0005904 Recording Requested By: PGA WEST Fairways Association When Recorded, Return To: PGA WEST Fairways Association c/o EPSTEN, APC 74830 Highway 111, Suite 100 Indian Wells, CA 92210 01/00/2023 04:34 PM Fee: $ 111.00 Page 1 of 5 Recorded in Official Records County of Riverside Peter Aldana Assessor -County Clerk -Recorder IIIIMPfROltlMli1GYII III 87 Above for Recorder's Use 2023 AMENDMENT TO THE FIRST AMENDMENT TO SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SIGNATURE AT PGA WEST (VILLAS) PHASE 1 [Amended Document No. 2015-0536660] NOTICE (Gov. Code §12956.1) If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a "Restrictive Covenant Modification" form, together with a copy of the attached document with the unlawful provision redacted to the county recorder's office. The "Restrictive Covenant Modification" form can be obtained from the county recorder's office and may be available on its internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 4857200_1 2023 AMENDMENT TO THE FIRST AMENDMENT TO SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SIGNATURE AT PGA WEST (VILLAS) PHASE 1 [Amended Document No. 2015-0536660] This 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 is made by PGA WEST Fairways Association, a California nonprofit mutual benefit corporation ("Association"), with reference to the following: RECITALS A. The Association is a corporation whose Members are the Owners ("Owners") of the residential Lots and Condominium Units within the real property in the City of La Quinta, County of Riverside, State of California known as PGA West Fairways ("Community"), described more particularly in Exhibit "A" of the 2021 Amendment to the 2016 Amended and Restated Declaration of Restrictions for PGA WEST Fairways recorded on March 15, 2021 in the Office of the County Recorder of Riverside County as Document No. 2021-0166705 and incorporated herein by reference. B. All property within the Association is subject to the Amended and Restated Declaration of Restrictions for PGA WEST Fairways recorded on May 8, 2017 in the Office of the County Recorder of Riverside County as Document No. 2017-0182428 and all other amendments containing restrictions applicable to the Community that appear of record in the Official Records of the County Recorder of Riverside County (collectively, "Declaration"). C. All property within the Association is also subject to all other Notices of Additional Territory, Supplementary Declarations, annexations or similar documents containing restrictions applicable to the Community that appear or may appear of record. D. A portion of the Community known as Signature at PGA WEST (Villas) Special Benefit Area ("Villas SBA" or "Villas Special Benefit Area") consists of fourteen (14) Condominium Units. E. Villas SBA consists of three (3) phases which are subject to Notices of Additional Territory, Supplementary Declarations, annexations or similar documents containing restrictions applicable to the Villas SBA that appear or may appear of record (collectively, "Villas SBA Documents"). F. Signature at PGA WEST (Villas) Phase 1 is the first phase of Villas SBA ("Phase 1 ") and is subject to, among other Villas SBA Documents, that certain Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 recorded in the Official Records of County of Riverside, California, on September 9, 2015, as Document No. 2015-0402599 (the "Supplementary Declaration") and the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 recorded in the Official Records of County of Riverside, California, on December 10, 2015 as Document No. 2015-0536660 ("First Amendment to Villas Phase 1 Supplementary Declaration"). G. Phase 1 is located within the City of La Quinta, County of Riverside, State of California described as follows: Phase 1 as designated on the Condominium Plan - Signature at PGA WEST (Villas) Phase 1, recorded in the Official Records of 4857200v1 (1) Riverside County, California, on September 9, 2015, as Document No. 2015-0402600, consisting of Units 48 through 57, inclusive, of portions of Lots 95 and 96 of Tract No. 36537-1, filed in Book 442, Pages 55 through 63, inclusive, of Maps, records of said County. H. Signature at PGA WEST (Villas) Phase 2 is the second phase of Villas SBA ("Phase 2") and is subject to, among other Villas SBA Documents, that certain Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 2 recorded in the Official Records of County of Riverside, California on December 11, 2015, as Document No. 2015-0538582 ("Villas Phase 2 Supplementary Declaration") I. Signature at PGA WEST (Villas) Phase 3 is the third phase of Villas SBA ("Phase 3") and is subject to, among other Villas SBA Documents, that certain Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 3 recorded in the Official Records of County of Riverside, California on December 11, 2015, as Document No. 2015-0538585 ("Villas Phase 3 Supplementary Declaration"). J. In addition to being annexed into the Community subject to Villas Phase 2 Supplementary Declaration and Villas Phase 3 Supplementary Declaration respectively, Phases 2 and 3 were annexed into the Community subject to Villas Phase 1 Supplementary Declaration and all subsequent amendments thereto. K. Section 5.14 of the First Amendment to Villas Phase 1 Supplementary Declaration prohibits the renting or leasing of a Dwelling for a term of less than thirty (30) days. L. On September 21, 2022, the Board received a written request signed by nine (9) out of the fourteen (14) Owners of the Villas SBA, to amend the First Amendment to Villas Phase 1 Supplementary Declaration to allow the renting or leasing of a Dwelling within Phase 1 for any length of time. M. Pursuant to Article 15, Section 15.2.1(a) of the Declaration, at least a majority of the Voting Power of the Owners within the Villas SBA must approve any amendment to the First Amendment to the Villas Phase 1 Supplementary Declaration. N. The undersigned President and Secretary of the Association certify that, to the best of their knowledge, the affirmative vote or written consent of at least a majority of the Voting Power of Villas SBA Owners has been obtained. O. Each of the definitions contained in this Amendment shall be the same as those set forth in the Declaration, Villas Phase 1 Supplementary Declaration and the First Amendment to Villas Phase 1 Supplementary Declaration. P. Notwithstanding any other provisions in the First Amendment to Villas Phase 1 Supplementary Declaration, the provisions of this Amendment shall apply and shall prevail in any inconsistency between this Amendment, the Villas Phase 1 Supplementary Declaration and the Declaration. Q. The Association now desires to amend the First Amendment to Villas Phase 1 Supplementary Declaration as described below. NOW THEREFORE, the First Amendment to Villas Phase 1 Supplementary Declaration is amended to read as follows: 1. Section 5.14 is deleted in its entirety and replaced with the following language: 4857200v1 (2) follows: 5.14 Intentionally omitted. 2. New Sections 5.15 and 5.16 are added to Article V and shall read as 5.15 Any reference to the above restriction included in Recitals Section C of the Phase 2 and Phase 3 Supplementary Declarations (Documents No. 2015- 0538582 and 2015-0538585, respectively; recorded on December 11, 2015 in Riverside County Recorder's Office), affecting the Villas Special Benefits Area, is deleted. Upon recordation of this amendment, Owners within all phases of Villas Special Benefits Area may lease their residences for any term, including a term of less than thirty (30) days, so long as the short-term leasing of residences is allowed under Applicable Law. 5.16 Any costs and expenses related to the monitoring and enforcement of rentals within Villas SBA shall be a Special Benefit Expense. 3. Except as expressly amended herein, the First Amendment to Villas Phase 1 Supplementary Declaration shall remain in full force and effect. This Amendment is executed on Directors of PGA WEST Fairways Association. Date: Date: / q 1 4857200v1 (3) , 2023 by the undersigned /11 VA)/ L -- , Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIV. CODE § 1189 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 ,M \ , x 4 . n3 6; On this `,i.� Day of 20 On h sA,.s:.r.,a . Before me, t,' :),,i i r Date 1 Here Insert Name and Title of Officer Personally appeared j"` Name(s) of Signer(s) 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) 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 myha . and official eal. n�t�s� ® z�{ ns'a, ��� AKIN u COMM: #2380226 z * . Notary Public • California o lilverside County -t, M Comm, Ex+Tres Oct. 26 2025 ' Signature ';",, > Signature%f ofary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document of fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed Signer's Name: Corporate Officer- Title(s): Partner I Limited Individual Trustee by Signer(s) Signer's Name: Other: Signer is Representing: General Attorney in Fact Guardian or Conservator Corporate Offlcer- Title(s): Partner I f Limited Individual Trustee Other: S gner is Representing: General Attorney in Fact Guardian or Conservator ©2014 National Notary Association www.NationalNotarv.org 1-800-US-NOTARY (1-800-876-6827) Item #5907 4857200v1 (4) NOTICE (Gov. Code §12956.1) If this document contains any restriction based on age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code by submitting a "Restrictive Covenant Modification" form, together with a copy of the attached document with the unlawful provision redacted to the county recorder's office. The "Restrictive Covenant Modification" form can be obtained from the county recorder's office and may be available on its Internet website. The form may also be available from the party that provided you with this document. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. From: Michelle Reese <michelle.reese@managementtrust.com> Sent: Monday, January 16, 2023 1:31 PM To: Lori Lorett Subject: RE: 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 Attachments: 2023 Amendment to the First Amendment to Supplementary Declaration of CC&Rs of Villas Phase 1.pdf EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hello Lori — Please see attached for your records. Thank you. Michelle Reese, PGA WEST Fairways 1 Executive Assistant The Management Trust 80-265 Signature Way • La Quinta, CA 92253 P: (760) 862-6334 I F: (760) 776-5111 HOW DID WE DO? My goal as an employee owner is to create a wonderful customer experience. Please let me know how 1 am doing by taking this brief survey. If 1 exceeded your expectations, or you have other feedback about your experience, please let my supervisor Jerry McDonald know at (760) 862-6334 or by email at ferry.mcdonald@managementtrust.com From: Lori Lorett <Ilorett@laquintaca.gov> Sent: Wednesday, January 11, 2023 3:26 PM To: Michelle Reese <michelle.reese@managementtrust.com> Cc: Lori Lorett <Ilorett@laquintaca.gov> Subject: RE: 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 Happy New Year to you as well! Q This is great news! I already have homeowners asking about a new permit. Please send the recorded document once you receive it from your legal team so we can have it on file for those 14 properties. Thank you, Lori Lorett I Permit Technician City Clerk's Office City of La Quinta i 78495 Calle Tampico 1 La Quinta, CA 92253 Ph. 760.777.7162 www.laquintaca.gov https://laquinta.munirevs.com From: Michelle Reese<michelle.reese@managementtrust.com> Sent: Tuesday, January 10, 2023 4:32 PM To: Lori Lorett <Ilorett@laquintaca.gov> Subject: FW: 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. Hello Lori and Happy New Year! Please see the communication disseminated to the Villas SBA homeowners this afternoon. The document was recorded without issues and I am waiting on a scanned copy from our Legal Counsel which will be forwarded to you upon receipt. Just wanted to give you a heads up in case homeowners reach out for a permit. Kind Regards, Michelle Reese, PGA WEST Fairways I Executive Assistant The Management Trust 80-265 Signature Way • La Quinta, CA 92253 P: (760) 862-6334 I F: (760) 776-5111 HOW DID WE DO? My goal as an employee owner is to create a wonderful customer experience. Please let me know how 1 am doing by taking this brief survey. If 1 exceeded your expectations, or you have other feedback about your experience, please let my supervisor Jerry McDonald know at (760) 862-6334 or by email at jerry.mcdonald@managementtrust.com From: Michelle Reese Sent: Tuesday, January 10, 2023 4:30 PM Cc: Jerry McDonald <jerry.mcdonald@managementtrust.com>; Christina LaScala <christina.lascala@managementtrust.com>; Tracy Caridi <tract'.caridi@managementtrust.com>; Cassie Gertz <Cassie.Gertz@ managementtrust.com> Subject: 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 ******ATTENTION VILLAS SBA HOMEOWNERS****** Dear Villas SBA Homeowners — The 2023 Amendment to the First Amendment to Supplementary Declaration of Covenants, Conditions and Restrictions of Signature at PGA WEST (Villas) Phase 1 was recorded yesterday, Monday, January 9, 2023 with the County Recorder's office. 2 Please note the following requirements which MUST be completed prior to renting your unit: 1. An annual registration and fee is required by the Master Association. Please contact Maria Estrada at maria.estrada©managementtrust.com. 2. An STVR permit must be obtained from the City of La Quinta. This information will also be provided to the City of La Quinta immediately along with the copy of the recorded amendment upon receipt. The effective date is Monday, January 9, 2023. Please let me know if you have any questions. Thank you. Michelle Reese, PGA WEST Fairways 1 Executive Assistant 80-265 Signature Way • La Quinta, CA 92253 P: (760) 862-6334 I F: (760) 776-5111 11 AL LI HOW DID WE DO? My goal as an employee owner is to create a wonderful customer experience. Please let me know how 1 am doing by taking this brief survey. If 1 exceeded your expectations, or you have other feedback about your experience, please let my supervisor Jerry McDonald know at (760) 862-6334 or by email at ferry.mcdonald@managementtrust.com 3