Loading...
MUP 2001-3180 City of La Quinta I'U L OCT 11 2001 Community Development D 78-495 Calle Tampico V-1c�1°-= La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY Case No. e '%o /— S 10 - Date Recvd. l c — 0 ' Fee: Related Apps.: Logged in by: APPLICATION FOR MINOR USE PERMIT APPROVAL MINOR USE PERMIT applications are reviewed and approved by the Community Development Director pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring the permit do not have an adverse impact on surrounding properties, residents, or businesses. APPLICAN1LrR5 111 L L (Print) MAILING ADDRESS 55/a2l 56y rdes? 1 I& LLQ Phone No. 744 - 77/. / 76 / CITY, STATE, ZIP: ZAQdirs-A, ,,,AA'( T -2-Z91 Fax No. 7daQ . 7,7/,D3 y3 PROPERTY OWNER (If different): (Print) MAILING ADDRESS: CITY, STATE, ZIP: Phone No. Fax No. PROJECT LOCATION: to i 58 - 8/090 G' AIJ r //cGEE�4 ZA 411al rr4 -A 9 Z16 5 PROPOSED USE AND/OR CONSTRUCTION (Including operational information): 65ft-M GAS lyw Jr +'SFT ✓�2 �� %c,il�tL LEGAL DESCRIPTION (LOT & TRACTOR A.P.N.): yeiD�_ -;11,17-10 58 mr -'Rr1� i A18\Minor Use Permit r� ❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff). Five (5) sets of plans on 8'/z" x I I" sheet or folded down to 8'/z" x I I". ❑ Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. This discount does not apply to Environmental Information form. NAME OF APPLICANT 'N,� / S l�Of 1�/ rN6t-s (Please Pr' t) SIGNATURE OF APPLICANT DATE /D l D • Oj NAME OF PROPERTY OWNER (Please Print) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: (Signature provides consent for applicant to use site for proposed activity). DATE DATE (Separate written authority by owner to submit application may be provided) NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. A 18\Minor Use Permit P.O. Box, 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 12, 2001 Weiskopf Partners I, LLC 55-161 Southern Hills La Quinta, California 92253 SUBJECT: MINOR USE PERMIT 2001-318 Dear Applicant: (760) 777-7000 FAX (760) 777-7101 Enclosed is partially executed Covenant and Agreement restricting use of the, detached guest house at 81-090 Chanticleer Drive, pursuant to Section 9.60.100 of.the Zoning Code. Please have your -signature notarized before submitting the paperwork to the Riverside County Clerk for "recordation. Enclosed is letter to the County recommending recordation of said document. If you have any questions, please contact me at 760-777-7067. Sincerely, JgRRX HERMAN M -LAITY DEVELOPMENT DIRECTOR EREOI�SDE e I nner Enc. c: Community Development Director Building and Safety Department Betty Sawyer, Executive Secretary MUP 318 Covenent - 52 greg 1 0 0 Cal ff'. ff�" P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 October 12, 2001 County Recorder County of Riverside P.O. Box 751 Riverside, California 92502-0751 SUBJECT: RECORDING OF MINOR USE PERMIT 2001-318 Dear Colleague: (760) 777-7000 FAX (760) 777-7101 The City of La Quinta has approved the above noted Minor Use Permit, requiring recordation of the attached notarized document. Please allow its recording as presented by the applicant. Should you have any questions, please call me at (760) 777-7067. Very truly yours, GT. ;VELOPMENT DIRECTOR ,L Lt CoMUP 318 County - 52 NWNes, RECORDING REQUESTED BY: City of La Quinta Community Development Department La Quinta, CA 92253 WHEN RECORDED PLEASE MAIL TO: City of La Quinta Community Development Department c/o Greg Trousdell P.O. Box 1504 La Quinta, CA 92253 COVENANT AND AGREEMENT RESTRICTING THE USE OF THE RESIDENCE AT 81- 090 CHANTICLEER DRIVE, LA QUINTA, CALIFORNIA This covenant and agreement is made and executed on this the 12" day of October, 2001, by Weiskopf Partners I, LLC for property described herein. The City of La Quinta, a Municipal Corporation, is hereby made a party to this agreement for the purposes set forth below. The undersigned hereby certify that they are the property owners of the following described real property in the City of La Quinta, County of Riverside, State of California: Lot 58 of Tract No. 29147-1 in the City of La Quinta, County of Riverside In consideration of the City of La Quinta issuing a building permit for certain improvements which will be constructed on said property, the undersigned does hereby covenant and agree to and with said City to restrict the use of said property as follows: 1. The detached guest house may not be rented nor sold independent of the main single family residence (Minor Use Permit No. 2001-318); 2. No kitchen or cooking facilities shall be constructed in the guest house per the provisions of Chapters 9.30.030 (RL Zone District) and 9.60.100 (Guest Houses) of the La Quinta Municipal Code; and, 3. All on-site facilities are intended for the sole occupancy of the property owner(s), nonpaying guests, and domestic employees. Coven318 - p/greg l This covenant and agreement shall run with the land and shall be binding upon future owners, their successors, heirs, or assigns, and ourselves, and shall continue in effect while said accessory building remains on the real property or unless otherwise released by the authority of the City of La Quinta. All leases of said dwelling and/or property shall be subject to this restriction. This agreement shall be entitled to the remedy of injunctive relief in addition of any remedy in law or equity. This covenant and agreement and the provisions hereof are irrevocable and nonmodifiable except by the written consent of all parties to the agreement, including the City of La Quinta, a municipal corporation. The City shall have the right to enforce each and every provision hereof and the parties agree that the agreement shall not be rescinded, revoked, modified, or otherwise amended or changed, without the expressed written consent of the City first being obtained. In the event that the owners, their heirs, assigns or successors in interest, shall fail to perform any obligation hereunder, they hereby agree to pay all costs and expenses incurred by the City of La Quinta in securing performance of such obligation, including attorney's fees. Dated: Notary Coven31 S - P/greg Weiskopf Partners I, LLC By: Christine di Iorio, Planning Manager City of La Quinta t C� State of California County of Riverside On October 182001, before me, Regenia Hensley Notary Public, personally appeared Christine di Iona personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or -the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Seal) '4P REGENIA HENSLEY Cbmmision # 1274459 Notary Public - Cardornlp Riverside County N1f' Canon. 5PhZ Au819. M WRWq Document Description: Covenant and Agreement Restricting the use of the Residence at 81-090 Chanticleer Drive, La Quinta, California RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Weiskopf Partners I, LLC 55-161 Southern Hills. La Quinta, CA 92253f;)? Attn: Mr., Jeffrey M. Read. : ► t� , tt> "r, . , ; .; , . , .. , MAIL TAX STATEMENTS TO Same as above (Space Above For Recorder's Use) GRANT DEED . CITY OF LA QUINTA, COUNTY OF RIVERSIDE, ; {t• _ STATE OF CALIFORNIA A.P. NO.: DOCUMENTARY TRANSFER TAX IS SHOWN BY SEPARATE AFFIDAVIT NOT OF RECORD. FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, KSL LAND CORPORATION, a Delaware corporation ("KSL Land") hereby GRANTS to WEISKOPF PARTNERS I, LLC, a California limited liability company ("Grantee") the real property in the City of La Quinta, County of Riverside, State of California, described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Property") reserving therefrom and subject to easements, rights, covenants, conditions, restrictions and rights as more particularly set forth in said Exhibit "A". Dated: o o KS L ORPORATION, a Delaware corporation By: C Gi�G�f Its: Page 1 Prop.pgaw.SoHi11sDev.Deed.01 2/11/00 PATE OF CALIFORNIA ) RUNTY OF RIVERSIDE ss. On 2000 before me, B and for said State BARBARA LARSH, a notary public personally appeared LARRY E. LICHLITER ersonally known to me (or )ved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to within instrument and acknowledged to me that .he executed the same in his authorized )acity, and that by his signature on the instrument th winch the person acted, executed the instrument. e person, or the entity upon behalf of WITNESS my hand and official seal. u _ BARBARA lJ1RSH (Seal) Page 2 Prop, pgaw. SoHillsDev.Deed.01 GerrdsWM / 1120/59 Notary PLac—Gumma R yw1ds Couroy MY CMM EVhw Deo 22, 2000 r 2/11/00 EXHIBIT "A" Real property located in the City_ of, La Quinta, County of Riverside, State of California, described as follows: PARCEL 1: Lots 1 through 60 inclusive and letter. lots B, C, D, F through L inclusive, N through R inclusive, T, U, W, X, Y and AA through DD inclusive of Tract No. 29147-1 as shown by.Map on file .in -:Book 287, Pages 4 through 11 inclusive of Maps, Official Records of said County. PARCEL 2: Together with the right to grant and transfer same, nonexclusive easements for pedestrian and vehicular (including construction vehicles) ingress and egress, over and across the real. property described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Access Streets"); RESERVING UNTO GRANTOR, together with the right to grant and transfer all or a portion of the same, easements and rights for.the. benefit of KSL,Land, its successors and assigns, and KSL Desert Resorts, Inc., a Delaware corporation ("KSL Resorts"), it successors and assigns, for -the benefit of, and appurtenant to, real property in said City, County, and State owned by KSL Resorts described on Exhibit "X" `attached hereto and incorporated herein by this reference (the "Golf Property"), and any successors -in title to the Golf Property (the "Benefited Parties"), which shall bind Grantee and any successors in title to the portion of the Property burdened with such easements as follows: A. Oil and Mineral Rights. , All, oil, minerals, natural gas, and other hydrocarbons by whatsoever name known, geothermal. resources, metalliferous or other 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 removing 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 ,acrossthe 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 any such wells or .mines without, however, the right to drill, mine, store, explore and operate through the surface or the upper. five hundred (500) feet of the subsurface of the Property; . ' B. Water Rights. The right and power to use or utilize any and .all water rights or interests in water rights no matter how.acquired, by the Benefited Parties, and all water rights or interests in water rights that may be within,;. under or on the Property, whether such water rights shall be riparian, overlying, appropriative, percolating,.. prescriptive or contractual; provided, however, that the reservation does not reserve to, or for the benefit of, Benefited Parties any right to enter upon the surface of any portion of the Property in the exercise of such rights or to drill or bore for water, and install, maintain, replace or restore water wells, pumping stations, water lines, or other facilities for the extraction or the transportation of water; EXHIBIT "A Page 1 Prop.pgaw.SoHi11sDev.Deed.01 2/24/00 C. Easements. Nonexclusive easements as follows: (1) Ingress and Egress Over Private Streets and Common Lots. Over Parcel 2 above. upon which private streets, road, paths and. other .ways now or hereafter designated as "common area," "common lots" or "landscape lots" as such lots may be mapped, modified; enlarged, replatted, realigned or otherwise identified from time to time; (2) Encroachment of Golf Balls. For the encroachment of golf balls resulting from golfing activities on the Golf Property, including without limitation, the flight, passage and landing of golf balls on, across and over the Property, or any portion thereof; (3) Easements. (a) Utilities. For the construction, installation, use, maintenance, repair, replacement and reconstruction of underground lines, temporary overhead lines, cables, wires, conduits, or other devices. for the transmission of electricity for. lighting, heating, power, telephone, television and other purposes, sewer, storm water drains and pipes, water systems, irrigation lines or sprinkler systems, water heading and gas lines or pipes and any similar public or quasi -public improvements or facilities (i) on, over, under, through and across those portions of the Property five (5) feet in width measured from and running parallel along the boundary of the Property that abuts any portion of the Golf Property (the "Five Foot Easement Area"), (ii) on, over, under, through and across : those portions of the Property designated as lettered lots on the map of Tract No. 29147-1, as such lots may be modified, enlarged, replatted, or realigned from time to time, and any other portion of the Property now or hereafter designated as "common area" (as such term is defined in Section 1350(b) of the California Civil Code) (hereinafter the "Common Area"), and (iii) on, over, under, through and across that portion of the Property known as Lots 14 through 17 inclusive. and Letter Lot I, to provide temporary electrical power to the well site pump station ("Pumphouse'.') located on, Lot 62 of Tract No. 29147-1, adjacent to Lot 17, of the Property, until such time as Grantee provides permanent electrical power stubbed off to the common property line between Lot 65 of Tract No. 29147-1 and Lot H of the Property and KSL Land causes such permanent electrical power to be connected to the Pumphouse. At such time as Grantee provides such permanent power to the.property line of such Lot 65 as described above, and such permanent power is connected by KSL Land to the Pumphouse, KSL Land agrees to immediately contact the Imperial Irrigation District ("IID") (which is the owner of the poles .and overhead lines providing such temporary power) and request that IID promptly remove such temporary poles and overhead lines. The cost if any, in relocating such temporary poles and overhead lines shall be paid by KSL Land; (b) Streets/Roadways and Walls. For the construction, installation, use, maintenance, repair, replacement and reconstruction of streets/roadways and/or walls on, over, across and through those portions of the Property designated as lettered lots on the map of Tract No. 29147, as such lots may be modified, enlarged, replatted, or realigned from time to time, and any other portion of the Property now or hereafter designated as Common Area; and (c) For ingress', and egress over the Property to *the extent reasonably necessary to access any of such facilities. EXHIBIT "A" - Page 2 Prop.pgaw. SoHi 11SDev. Deed.01 2/24/00 Tw. ry (4) For Benefit of Golf Property. For the construction of and/or utilization of underground ways and/or tunnels .under and beneath, or bridges over, roads, walkways, utility lines and/or other lines now or hereafter located within the Common Area so as to provide pedestrian and vehicular access between portions of the Golf Property for golf carts, trucks, and other golf and golf course -related vehicles, traffic and usage, and for pedestrian and vehicular ingress and egress to and from and parking on the Golf Property and the improvements located thereon, (if parking areas are a part of such developmentplan) roads, private streets, driveways, parking areas, golf cart paths, walkways, bridges, tunnels and other ways now or hereafter located upon the Golf Property, by the Benefited Parties and the customers, guests, permittees, invitees, agents, employees, contractors and vendors of a Benefited Party (the "Easement Users"), which include, without limitation, access to Golf Property under construction (and to be constructed) to enable the transport of supplies, materials and labor to the Golf Property of such Benefited Party. - , (5) Terms and Conditions. Notwithstanding the foregoing, the use of the Property by the Benefited Parties for the foregoing easement purposes shall be subject to the following terms and conditions: (a) The irrigation lines and facilities, landscaping, streets, roads or other ways and utilities and other lines and/or systems that may be constructed, installed, maintained, repaired, replaced, or reconstructed pursuant to the foregoing easements shall be limited to those areas within the Five Foot Easement Area and the Common Area designated for such purposes on the site improvement plans and other plans approved by the City of La Quinta, California; (b) Benefited Parties shall have the right to hook up or connect to utility lines or other utility services now or hereafter located upon or within the Five Foot Easement Area and the Common Area provided that such utility services are metered to such Benefited Party and provided further that such use shall not unreasonably disturb services then being provided thereby; (c) The use and enjoyment of the -easement rights granted as set forth herein by the Easement Users shall be at no cost or expense to Grantee, or any successor in title to the portion of the Property that is burdened by the easements and any damage or destruction of any improvements caused by any of the Easement Users in the exercise of the easement rights acquired hereby shall be repaired and reconstructed by the Benefited Party of such Easement User; (d) The right of a Benefited Party to perform any construction permitted pursuant to the terms of this easement (the "Construction Easement") shall be exercised in a reasonable manner; (e) Benefited Party shall indemnify, defend and hold harmless Grantee, its successors and assigns, from any and against all liability, claims, suits, demands, losses, recoveries, damages, costs or expenses (including reasonable attorneys' fees, expenses and costs) arising out of or relating to the use of the Construction Easement by such Benefited Party; and EXHIBIT "A" - Page 3 Prop.pgaw. SoHil ISDev.Deed.01 2/24/00 1ll • • (fl Benefited.Party shall not permit any liens to attach to the Property, or any improvements located thereon, by reason of the use or exercise of the Construction Easement by such Benefited Party " i.-.. . SUBJECT TO: 1. Taxes/Assessments. Current. -Taxes and Assessments. 2. Record Matters. All other covenants, conditions, restrictions, reservations, rights, rights-of-way and easements of record as well.as any of such matters that are apparent. 3. CC&R's. The Golf Property and the Property are being developed as an integrated residential golf course community. KSL:Resorts and KSL Land, as the. current owners of fee title to the Property.and the Golf Property, and their successors in title, by the acceptance of the conveyance of fee title to any portion of the Property or Golf Property, for itself, himself or herself, and for their respective invitees, personal representatives, assigns, heirs and next of kin, agents, employees (collectively, the "Related Parties") hereby -agree that they will all benefit materially from the development of the Property and the Golf Property as an integrated residential golf course community and that. the following covenants, conditions, rights and restrictions (collectively the "CC&R's) shall be equitable servitudes, shall run with and bind the Property and the Golf Property and shall inure to the benefit of and be enforceable by the parties hereto and shall be binding upon all parties having or acquiring any right or title in the Property and the Golf Property, or any part thereof, and are imposed upon said interests and every part thereof as a servitude in favor of each and every of said interests as the dominant tenement or tenements until and unless terminated or modified as hereinafter provided. 3.1 Acknowledgment. Each owner of the Property (the "Property Owner") acknowledge the potential effect of stray golf balls, motorized golf carts, golfers and other traffic or events inherent to the activities on the Golf Property (the "Golf Course Hazards"), which include, without limitation, the following: (a) the potential effect of the installation on the Golf Property of protective measures such as trees, fencing . or netting or the installation or growth of trees, shrubs and other landscaping on the Golf Property, including without limitation, the impairment of any existing or perceived views; (b) the potential for damage to any improvements, including, without limitation, stucco, tile roofs, pools and related equipment and windows of any structure, attributable to the Golf Property, or any activities thereon; (c) the potential for any adverse effect on any landscaping installed by the Related Parties arising from or attributable to the use of reclaimed water on the Golf Property; (d) the potential for nuisances created by or arising from the Golf Property, including without limitation, noises and other nuisances arising from televised tournaments, landscaping and maintenance of the Golf Propertyand early morning and late night EXHIBIT "A" - Page 4 Prop.pgaw.SoHi11sDev.Deed.01 2/24/00 • play or maintenance activities and visibility of lights used in connection with any driving range or clubhouse, if any, installed on the Golf Property, and (e) the potential effects of. ,J - (i) the irrigation of landscaping upon the Golf Property on any landscaping, walls, fences or other structures on the Property; (ii) overseeding with Winter Rye in the Fall and the heavy use of fertilizers, pesticides and other chemicals that may be applied to the Golf Property; (iii) changes to the. Golf Property, including, without limitation, changes in grade, changes in the location, corifiguration, size and elevation of fences, trees, bunkers, fairways, tees and greens; (iv) disturbances, traffic and other noise from the club house, golf course parking areas, driving ranges, golf cart paths, or any other portion of the Golf Property caused by activities inherent to golf course and club house property such as mowing of putting greens, fairways, roughs and around trees; (v) the use of mowers, aerifiers, mulchers, tractors, utility vehicles and other equipment, circulation pumps, compressors and wells for water features; (vi) early, morning and late night play or maintenance activities and the loss of privacy because of the near proximity of the Property to the golf courses or golf cart paths; and (vii) the presence of rodents and/or pests or the existence of rodent and/or pest control activities upon the Golf Property. 3.2 Agreement. Notwithstanding the foregoing, each Property Owner: (a) . assumes the risk of any property damage, personal injury or death and/or creation or maintenance of a trespass or nuisance created by or arising in connection with Golf Course Hazards or any matters described above (collectively, "Assumed Risks"); (b) releases, waives, discharges, and covenants not to sue, and agrees to indemnify and to hold harmless KSL Land, its successors and assigns, KSL Resorts, its successors and assigns, any successors in title to the Golf Property, and their respective officers, directors, shareholders, partners, participants, affiliates, subsidiaries, consultants, attorneys, agents, invitees, employees, representatives and contractors and their respective heirs, executors, successors and assigns (collectively, the "Released Parties"), and each of them, from any and all liability to the Property Owner for any losses, costs (including, without limitation, attorneys' fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Risks, whether caused by the negligence of the Related Parties or otherwise; (c) acknowledges that Property Owners have no obligation or EXHIBIT "A" - Page 5 Prop.pgaw.SoHillsDev.Deed.01 2/24/00 C • right to regulate or control the Golf Property or any activities thereon, in any way or manner ,.xcept as specifically set forth herein within the easement areas in the exercise of the easement purposes described herein. KSL Resorts, or any successor in title to the Golf Property (the "Golf Property Owner"), has the unilateral right to install any trees or other landscaping or construct any improvements at any location within the Golf Property which could be in near proximity to the Property, or any portion thereof, adjoining the Golf Property; (d) acknowledges and agrees that nothing contained herein shall be construed to limit or restrict in any way, the right of the Golf Property Owner to make any and all modifications, additions, deletions and/or alterations to the Golf Property, or any golf course facilities as such Golf Property Owner, deems appropriate, in its sole and absolute discretion, including, but not limited to, relocating fairways, holes, tees and/or golf cart paths; (e) acknowledges and agrees that KSL Resorts, and any successor Golf Property Owner, makes no warranties or representations that a golf course will be developed and constructed adjacent to the Property or that, if so developed and constructed, will be maintained and operated in the manner that existed or was contemplated at the time of the recordation of these CC&R's; and (0 acknowledges and agrees that the Golf Property is separate from the Property, that it does not comprise any common area or common property that is to be available for the common use of the Property Owners, and that the Property Owner shall not have any special right or privilege to enter upon or use the Golf Property (including without limitation, no right or privilege to enter upon or gain access to the Golf Property for construction purposes) or the golf course facilities which may be developed thereon, other than pursuant to such terms and conditions as are offered to members of the general public from time to time by the Golf Property Owner or for the easement purposes set forth herein. (g) acknowledges and agrees that the Property Owner, and any successor Property Owner, is restricted from the construction and installation of any swimming pool, spa or other water feature improvements within the Five Foot Easement Area. 3.3 General Provisions. (a) Enforcement. The covenants, conditions and restrictions contained in these CC&R's shall be enforceable equitable servitudes and shall inure to the benefit of and bind all Golf Property Owners and Property Owners,.and shall be enforceable by all of such entities. Each Golf Property Owner and Property Owner shall have the right of action to enforce by proceedings at law or in equity, all, covenants, conditions and restrictions now or hereafter imposed by the provisions of these CC&R's, or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, covenants, and the right to recover damages for such violation. (b) No Waiver. Failure by the Golf Property Owner or any Property Owner to enforce any covenant, condition or restriction contained in the CC&R's in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition or restriction. EXHIBIT "A" - Page 6 Prop.pgaw. SoHillsDev.Deed.0 1 2/24/00 r. • (c) Severability. Invalidation of any one or a portion of these covenants, conditions and restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. (d) Term. The CC&R's shall run with the Property and the Golf Property for a term of sixty (60) years from the date these CC&R's are recorded, after which time said CC&R's shall be automatically extended for successive periods of ten (10) years unless owners of Separate Interests (defined to,..mean as such term is defined in Section in Section 1351(1) of the California Civil Code) within the Property representing not less than sixty- seven percent (67%) of the voting power of such -owners based, on one vote for each Separate Interest owned by each such owner, and Golf Property. Owner agree to terminate such CC&R's. (e) Construction. The provisions of these CC&R's shall be liberally construed to effectuate its purpose of creating covenants inning with the land for the development of a residential golf course community. The Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. (f) Singular Includes Plural. Whenever the context of these CC&R's requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. (g) Nuisance. The result of every act or omission where any provision, condition, restriction, covenant, easement, or reservation contained in these CC&R's is violated in.whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a private nuisance, shall .be applicable against every such result, and may be exercised by the Golf Property Owner or any Property Owner. Such remedy shall be deemed cumulative and not exclusive. (h) Attorneys' Fees. In the event action is instituted to enforce any of the provisions contained in these CC&R's, the party prevailing in such action shall be entitled to recover from the other party thereto reasonable attorneys' fees and costs of such suit as determined by the court or by arbitration as part of the judgment. (i) Notices. Any notice to be given to KSL Land, KSL Resorts, or any other Golf Property Owner or Property Owner, or to a holder of a mortgage or deed of trust (a "Mortgagee") shall be in writing and shall be deemed to have been properly delivered when directed to such addressee as follows: If to KSL Land Prop.pgaw. SoHillsDev. Deed.01 55-920 PGA Boulevard La Quinta, CA 92253 Attention: Legal Department EXHIBIT "A" - Page 7 2/24/00 i If to KSL Resorts Any Other Golf Property Owner Any Other Property Owner • 55-920 PGA Boulevard' La Quinta,, CA 92253 Attention: Legal Department To the business, address of such Golf Property Owner. To the: street address of the lot or parcel of land within the Property owned by such Property Owner. If to a Mortgagee To the business address indicated for such Mortgagee on the Mortgage that encumbers any lot or parcel of land within the Golf Property and/or the Property. Any party may change the address to. which such communications are to be directed to it by giving a written notice to the other parties in the manner provided in this paragraph. Any notice given pursuant to this paragraph shall be deemed to be delivered when addressed to the addressee as set forth herein and:. (i) at the, time a written notice by mail is deposited in the United States mails, postage prepaid; or (ii) the time any other written notice, including facsimile, telegram, or other electronic mail message, is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient; or (iii) the time any oral notice is communicated, in person or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, or wireless, to the recipient, including the recipient's designated voice mailbox or address on such a system, or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the recipient. 0) Effect of CC&R's. These CC&R's are made for the purposes set forth herein and KSL Land and KSL Resorts make no warranties or representations, express or implied as to the binding effect or enforceability of all or any portion of such CC&R's, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. (k) Personal Covenant. To the extent the acceptance or conveyance of all or any portion of the Golf Property or the Property creates a personal covenant between KSL Land and the grantee or between KSL Resorts and the grantee, such personal covenant shall terminate and be of no further force or effect from or after the date when a person or entity ceases to be a Golf Property Owner or a Property Owner, as applicable, except to the extent these CC&R's may provide otherwise. EXHIBIT "A" - Page 8 Prop.pgaw.SoHillsDev.Deed.01 2/24/00 a) 1�lort _aee Protection. No breach or violation of the CC&R's shall defeat or render invalid the lien of any mortgage, deed of trust or instrument (a "Mortgage") securing a loan made in good faith and for value with respect the Golf Property or the Property, or anpect to the binding upon and effective against y Portion thereof, provided, that all of the CC&R's shall be whose title is acquired by or as—'a suit of foreclosure- uent trustee's olf Property P rty Owner or Property Owner or otherwise pursuant to such liens rights, but such subseq ent Golf PropertyIn lieu of foreclosure, Owner shall take title free and clear of any liability for violations occurring Owner or Property of title. g prior to such transfer (m) Cumulative Remedies. All rights, options and remedies of Golf Property Owner and Property Owners or Mortgagees under these CC&R's are cum and no one of them shall be exclusive of any other, and Golf Property cumulative, and the Mortgagees shall have the right to pursue any one or all of Owner, Options Owners remedies or any other remedy or relief which may be provided by law, whether or and the CC&R's. not stated in (n) Amend. .The CC&R's may be canceled, amended or modified only with the written consent of Golf Property Owner and with the approval Property Owners constituting not less than sixty-seven percent 67% of Pp of Property Owners, based upon one (1) vote for each Separate Interest owned bnsuch Pr of the Owner. Y Property Prop.pgaw. SoHi11SDev.Deed.0I EXHIBIT "A" - Page 9 2/24/00 i EXHIBIT "B" ACCESS STREETS • THE REAL PROPERTY LOCATED IN. THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND DESCRIBED AS FOLLOWS: PARCEL 1 LETTER LOTS A THROUGH E OF AMENDED TRACT MAP 28838-1 AS SHOWN BY MAP ON FILE IN BOOK 285, PAGES 51 'LOUGH 57, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY. ' ` PARCEL 2 LETTER LOTS A THROUGH H OF TRACT MAP 29147-2 AS SHOWN BY MAP ON FILE IN BOOK 287, PAGES 12 THROUGH 19, INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY. EXHIBIT "B" - Page 1 Prop.pgaw.SoHillsDev.Deed.01 2/24/00 7": ki EXHIBIT 11X" GOLF PROPERTY ALI:'OF THAT. CERTAIN REAL PROPERTY LOCATED IN THE CITY OF LA '.QUINTA,, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:— k A LOT 32 OF TRACT MAP 21643, AS SHQ)W_BY,.MAP ON FILE IN BOOK 203, PAGES 37 THROUGH 50, INCLUSIVE •OF MAPS., RECORDS OF SAID COUNTY. PARCEI, 2 LETTER LOTS'N THROUGH Q OF AM[ENDED'TRACT-MAP 28838--I-.,AS-SHOWN .. .... BY MAP. ON FILE, IN. BOOK 285, PAGES,51 THROUGH 57, INCLUSIVE, OF MAPS,.. RECORDS OF SAID COUNTY.' PARCEL LOTS 671 AND 62 AND LETTER LOT. Z.OF, TRACT MAP 29147-1,,AS'SHOWN BY 4' MAP ON, FE IN BOOK 287 PAGES THROUGH'.ftINCLUSIVE OF MAPS, oi, RECORDS OF SAID COUNTY. K -d I Wre. M PARCEL4 01�� r', - LOTS 93 AND 94 AND LETTER LOT J. OF TRACT MAP 29147-2, AS SHOWN BY MAP ON FILE IN BOOK 287, PAGES 12 THROUGH 19, INCLUSIVE OF MAPS,. RECORDS, OF SAID COUNTY. EXHIBIT "X" -,Page I of I PFop.pgaw.SoHillsDev.Deed.0I 2/24/00 (PI x,S7 e° OCT.11.2001 1:34PM 0 0 NO. 103 P.2 r 30