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LLA 2006-453La City Of LQuinta FINANCE ro OFFICE USE ONLY Revenue Code '3 9 s Community Development Department .° Case No. �. . FboFTKE 78-495 Calle Tampico La Quinta, California 92253 Date Recvd.Dee: , (760) 777-7125 FAX: (760) 777-1233 RelatedApps` Logged in by: . ti APPLICATION FOR LOT LINE ADJUSTMENT APPROVAL LOT LINE ADJUSTMENT applications are reviewed and approved by the Community Development Director pursuant to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. O. Vi >4 + * `. 1 C + 4. C. -i e. ee 4. i4 . i 4i* e..i0 91 '44. + V' V Vale /T — ✓ PL — MAILINGADDRESS 752 Elk Clover Circle Phone No. (760) 772-8599 (home) CITY, STATE, ZIP Palm Desert, CA 92211 Fax No.(760) 772-8596 *Owner "A" Name: Same as applicant Address: (City) (State) *Owner `B"Name: ND La Quinta Partners, LLC Address: 80955 Avenue- 52 La Quinta, CA 92253 Phone: (760) 391-5072 (City) (State) (Zip) *Owner "C" Name Address: Phone: (City) (State) (Zip) *Attach sheet for additional owners �— PROPERTY DATA Property A: Assessor's Parcel Number: 777-090-029 )QQ[ DI Street Address (if any): PropertyB: Assessor's Parcel Number: 777-070-040 51'O .=,C.urI-,r Street Address (if any): Property C: Assessor's Parcel Number: Street Address (if any): DESCRIPTION OF ADJUSTMENT REQUESTED: Extend lot line that borders the golf course. A161LA 1-7/16/97 Appvd 2/2000cdi REASON FOR REQUEST: Exc1�$` golf land that is available tweed to adjacent Property owner. APPT I ABI ITY The following criteria must be met to approve a lot line adjustment: ❑ The adjustment shall not create a greater number of parcels than originally existed. ❑ The resulting parcels shall conform with City Zoning and Building Codes. ❑ The adjustment shall not cause existing uses or improvements of the property to be out of compliance with any provision of the City Codes. MINIM M SUBMISSION EQ IIRFMENTS- ❑ Existing grant deeds or title reports for all affected parcels. ❑ An acceptable legal description of each existing parcel and a metes and bounds description of each new parcel proposed. ❑ Closing calculations for each new parcel proposed. ❑ Original, unrecorded Grant Deeds for each new parcel with the following: ❑ State on the Grant Deed when all affected parcels are under one ownership. GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Owner A hereby GRANTS to Owner A the real property in the City of La Quinta County of Riverside StateofCalifornia, described as (Property Description) See Exhibits A and B attached hereto and by reference made a part hereof. NOTE: This grant deed implements the revised lot configurations pursuant to Line Line Adjustment _-_ as approved by the City of La Quints. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66412 (d), and to perfect the intent of the Lot Line Adjustment _ as approved. ❑ State on Grant Deed when affected parcels are under multiple ownership: GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner A hereby GRANTS to Owner B the real property in the City of La Quints County of Riverside State of California, described as (Property Description) that portion of land in Lot A which is overlaid by the reconfigured shape of Lot B pursuant to LLA _-_ approved by the City of La Quints. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment = as approved by the City of La Quints. A16:LLA 1-7/16/97 Appvd 2/2000 cdi GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Owner B hereby GRANTS to Owner A the real property In the City of La Quinta County of Riverside State of California, described as lProperty Description) that portion of land in Lot B which is overlaid by the reconfigured shape of Lot A pursuant to LLA approved by the City of La Quinta. The reconfigured lots are described in Exhibits A and B attached hereto and made a part hereof. NOTE: This grant deed perfects the intent of Lot Line Adjustment _ — as approved by the City of La Quinta ❑ Attached to the Grant Deeds shall be Exhibits A and B, a metes and bounds legal description of the new parcels and a plat (8'/2" x 11 ") of the new parcels, respectively (see attached sample Exhibits A and B). ❑ If structures or other improvements exist on the affected parcel(s), provide separate plot plan showing dimensioned. location in relation to new property lines. ❑ Filing fee for Lot Line Adjustment. If filing multiple applications, the most expensive application will be charged full fee, with remaining related applications discounted 50% for each. If the nunber of lots adjusted exceeds two, then a Public Works Department plan check fee of $50.00 per lot (over two lots) shall be paid in addition to Lot Line Adjustment fee. •> }❖41•'i1C•04.-:P i'i' 'i•4 S•v S':•O•o"e :•S+ : :'+ic+4a0•:'<'4..0 4. Yo•v SIGNATURE OF APPLI NAME OF APPLICANT (Print) SIGNATURE OF PROPERTY OWNER "A" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) SIGNATURE OF PROPERTY OWNER IF NOT SAME AS APPLICANT: NAME OF OWNER ND La Q> (Print) SIGNATURE OF PROPERTY OWNER "C" IF NOT SAME AS APPLICANT: NAME OF OWNER (Print) February 7, 2006 DATE DATE _ DATE Z.. - en -c DATE >-G-- DATE DATE I(Separate written authority by owner to submit application may be provided) I hereby certify that all information contained in this application, including all plans and materials required by the City's application submission requirements, is, to the best of my knowledge, true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to enter onto the property to conduct site inspections and to post required public notices. A16:LLA 1-7/16/97 Appvd 2/2000 cdi FINANCE LQ Quinta. Revemm Cot: nunity Development Department 15 Calle Tampico Iinta, California 92253 777-7125 FAX: (760) 777-1233 OFFICE USE ONLY CastNo.L-( ') 'r'_15� Date Recvd. G -') - 0 6 Fee: Z 5 Related Apps:_ Logged in by: .A,-vi_ TION FOR LOT LINE ADJUSTMENT APPROVAL LOT;lE ADJUSTMENT applications are reviewed and approved by the Community Development Director purnt to Chapter 13.32 of the Subdivision Regulations. The purpose of the review is to allow reconfiguration of two or more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requirements. 0;6644•4. 0.4004.40VO 4..o.0%4..e . g•eE•E•.3e,,y..;.y..y4. 4C,4.4e MAILINGADDRESS 752 Elk Clover Circle CITY, STATE, ZIP Palm Desert, CA 922 •Owner"A"Name: Same as applicant Address: . (City) (State) (zip) Phone No. (760) 772-8599 (home) Fax No. (760) 772-8596 Phone: *Owner "B"Name: ND La Quinta Partners, LLC Address: 80955 Avenue 52 La Quinta, CA 92253 Phone: (760) 391-5072 (City) (State) (zip) *Owner"C" (City) BANK OF AMERICA ND LA QUINTA PARTNERS, LLC Private Bank -San Francisco P.O. BOX 1482 555 California St. LA OUINTA, CA 92253 San Francisco, CA 800.909.6462 11-35-1210 007189 Pay:***********************************Two hundred fifty dollars and no cents [W 1: _-'ti'c�k PC'. WGUNI' January 31, 2006 7189 $********250.00 City of La Quinta 78-495 Calle Tampico P.O. Box 1504 La Quinta, CA 92253 u'nf17i890 1:1210003581: 13296,11028761i• 11 HIDEAWAY TRANSMITTAL SHEET To: Community Development Department From: Cynthia Zamorez Date: February 7, 2006 / Subject: Lot Line Adjustment Submittals iD,FECEE Vi ;=EE 2006 1 CTUYIW LA INTA COMMU EPART JpELOPMEN"T DEPARTMENT Via... 0 Hand -Delivery [—] Inter -Office E7] Facsimile U. S. Mail Federal Express CDD: O Per Your Request For Your Review/Comment(s) O For Your Information O For Your Files O For Your Approval O Per Our Conversation O Copied: O See Note(s) Below O CONFIDENTIAL O Please Respond O Please Handle: Approval O Enclosed Please Find: aty Name/Description of Enclosures: 1 Check Number 007189, Dated February 6, 2006 in the Amount of $250.00 with Application and Supporting Document for a Lot Line Adjustment for Lot 10 of Amendment #2 of Tract 29894-2 80955 Avenue 52 La Quinta, California 92253 (760) 391-5072 Fax (760) 398-5788 13 nErnonlNn Merv'cetpn ev. 11 6) AND WHEN RECORDED MAIL TO: Don Neuman I/ Y/ fAICW V, r(A/ PALlh Order No.; Escrow No.: A.P.N.: GRAN THE UNDERSIGNED GRANTORS) DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE ( ] computed on full value Of property conveyed, or ( ] computed on full valueless value of liens or encumbrances remaining at time of sale. ( ] unincorporated area ( XX ] City Of La Qulnta i! t_p- 06- qS3 DOC # 6-0169863 03/09/2006 08:00R Fee:19.00 Page I of 5 Recorded in Official Records County of Riverside Larry U. Word Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111 ©IWA MATimm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND La Qulnta Partners, LLC, a Delaware Limited [ability Company hereby GRANT(S) to Valery Neuman and Donald Neuman, Wife and Husband as Community Property with Rights of Survivorship the following described real property in the Coumy of Riverside, State of California See Legal Description attached hereto and incorporated herein as Exhibit "A" Dated: March 7, 2006 STATE OF CALIFORNIA COUNTY OF 'fir v� On AA c ..72Eo f— before me per�nallyappeafed_. .-:�F.t -- — vcKaal. L. r+r personally known to me (or proved to me on the basis of sallsfactery evidence) to be the Person(s) whose name(s) Istam subscribed to the within Instrument and acknowledged to me that helshelthey executed the same in NsitrerAheir authorized capacity(ies) and that by hisftwItheir signature(s) on the instrument De person(s), or the entity upon behalf of which the Persons), acted, executed the Instrument. WITNESS and official SO Signature ( Signature of Notary } 8S• ND La Quinta Partners, LLC a Delaware lknked [liability company By; Nationwide Really Investors, Ltd. An Ohio Limited Liability comp rlty, its rW managing nebW • 1jA1 �I 7 ` : n ee. r. . MAIL TAX STATEMENTS AS (This DIRECTED ABOVE notary seal) fa01F°�lrlf-' (�i5 EXHIBIT "A" PARCEL 1 LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT'J' OF TRACT NO. 32453 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRA�ARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS 'S12029'30 E 129.92' ", SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 6r22'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20"24'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58' EAST, 83.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.660 ACRES, MORE OR LESS. PARCEL 2 OT'J" OF TRACT NO. 32453, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE ��J' OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING wwoTHEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30"E 129.92' ', SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY 11; lj Ll SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "Bw, ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. REGISTRATION EXPIRES 12/31/06 * No. 7842 Exp. 12/31/06 l Zl S 9lP OF C\F DATE PARCEL MERGER No. LOT LINE ADJUSTMENTNo,�' 3 APPROVED SY CITY OP LA OUINTA ' COM UNITY 0 LOPMENT DEP�AR�TM�ENT BY r✓� Sty. OATt:c+�..� Exhibit I I�IIII ��IIIII II I Il��n �I� II�� I�II�I I� ��I�I IIII �II� B3/B� BB BB660R PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" CURVE TABLE CURVE DELTA,_ RAO LENGTH Ct 019 6' 21 . 42' C2) orsawr 5mv I t i.vr C3 821 0 31 4 LINE TABLE FEA ARING RING lE GTH L1 N 87'103' L2 N 49ro '02• W 10' WIDE , *�yv 3 LEGEND EXISTING LOT LINE TO / BE ADJUSTED �\ / J TO R MAINOT LINE NEW LOT LINE C2 U C AMENDMEN7� No. 2 PARCEL 1 0.660 ACRES y LOT 10 . °�3 N �. LOT LINE TO BE REMOVED .S . SCALE: 1' - 60' o� (5 NEW LOT LINE .� _LEGEND CON'T. -.0 ' (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 AINDICATES A 10' WIDE PUBLIC UTILITY EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 ©INDICATES A 12' WIDE LANDSCAPE EASEMENT PER AMENDMENT NO, 2 TRACT NO. 29894-2 M.B. 359/68-82 ICATES A 10' WIDE STORM DRAIN EASEMENT ® PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE CVWD WATER EASEMENT /41 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 659/68-82 iQINDICATES A 10' MADE VERIZON EASEMENT PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED DULY 14, 2DO5 10' MADE 13 0 TRACT GEL MERGER ft UNEAQAN)7* TN0.; ROVED 6YCifYORIAC 40 N, TRANSFER PARCEL 2,079 SQ.FT. SHEET 1 OF 1 SHEETS LOT G NO. 2D894--2 PARCEL 2 LOT J TRACT NO. 32463 MB: 310-18 v6�N * No. 7842 Exp. 12/31/066 'k 9rF OF C;a-01 " PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 93/w/ew 6eaa or g8 - ��h5 WO I P.O. Box 1504 LA QursrA, CAIJFOR'$tA 92247-1504 78-4O5 CAi,.e TAmru:o (760) 777-7000 LA QcisrA, CALIFORNIA 92253 FAX (760) 777-7101 March 3, 2006 Valery Neuman and Donald Neuman 752 Elk Clover Circle Palm Desert, CA 92211 SUBJECT: LOT LINE ADJUSTMENT 06-453 LETTER OF APPROVAL Dear Mr. and Mrs. Neuman, Attached with this letter are the original approved revisions concerning Lot Line Adjustment LLA 05-453. Based on zoning compliance and correctness of the property descriptions, the City has approved your request for a Lot Line Adjustment. Attached is the original Preliminary Title Report and Exhibits A and B. Please complete the grant deed and have these documents recorded with the County Recorder and provide us a copy of the recorded documents for our files. Until the recorded copies are received, the Lot Line Adjustment is not complete. This letter shall be presented to the County Recorder as official verification that the City has approved the adjustment and requests its recordation. By execution of this approval, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this Lot Line Adjustment. Should you have any questio%sy,"g91p ippRxa,(;;pRat (760) 777-7125. it Sincerely, (ll tR the nt< pe • t=..,. 1 f .-•,ii 1 hm, Y. t)ne 9111 r iL� dre o, eF to Assoc �d{d t e Enclos xebio A A+vIJiYh* ,� eot¢•.zaA fly f rt Sin IQ a _, s1F l! ,�i sv a AJM: ajm ,. n vI OullJ 2006-0169963 /99/eSes es: GGA 5 or5 P.O. Box 1504 LA QuINTA, CALIFORNIA 92247-1504 78-495 CALLF TANIPiCo (760) 7 7 7 - 7 0 0 0 LA QuINTA, CALIFORNIA 92253 FAX (760) 777-7101 March 3, 2006 Valery Neuman and Donald Neuman 752 Elk Clover Circle Palm Desert, CA 92211 SUBJECT: LOT LINE ADJUSTMENT 06-453 LETTER OF APPROVAL Dear Mr. and Mrs. Neuman, Attached with this letter are the original approved revisions concerning Lot Line Adjustment LLA 05-453. Based on zoning compliance and correctness of the property descriptions, the City has approved your request for a Lot Line Adjustment. Attached is the original Preliminary Title Report and Exhibits A and B. Please complete the grant deed and have these documents recorded with the County Recorder and provide us a copy of the recorded documents for our files. Until the recorded copies are received, the Lot Line Adjustment is not complete. This letter shall be presented to the County Recorder as official verification that the City has approved the adjustment and requests its recordation. By execution of this approval, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this Lot Line Adjustment. Should you have any questions, feel free to contact me at (760) 777-7125. Sincerely, drew J. Mogensen Associate Planner Enclosures AJM: ajm N WARM P.O. Box 1504 LA QutNTA, CALIFORNIA 92247-1504 78-495 CALt.F, TAMPICO (760) 7 7 7 - 7 0 0 0 LA QutxTA, CALIFORNIA 92253 FAX (760) 777-7101 February 16, 2006 Valery Neuman and Donald Neuman 752 Elk Clover Circle Palm Desert, CA 92211 SUBJECT: LOT LINE ADJUSTMENT 06-453 Revisions Dear Mr. and Mrs. Neuman, We have begun processing of your proposed lot line adjustment and require that additional information be provided in order for us to proceed. In our review, that questions and concerns arose involving the following items: 1. The rough grading plans will need to be adjusted if any change is made to the building pad. There is a drainage swale at the location of the lot line adjustment which would be affected by any modifications to the building pad. One of the conditions of approval shall require that any reworking of the building pad shall not affect any proposed drainage paths. 2. According to an exhibit referenced as "Hideaway Lot 10-F" dated 01-13-06, it appears that adjacent lot 9 is being proposed for a future lot line adjustment to align with this proposal. La Quinta Municipal Code Section 13.32.020 places a condition on frequency in that only one lot line adjustment is permitted within a twelve month period for any of the properties involved. If Lot 9 were to obtain a lot line adjustment in the future, or any lot abutting Lot J, those properties would be required to wait until the 12 month period has passed. 3. We require a written statement of intent as to the purpose of the lot line adjustment, especially in regards to item #1 above. If the drainage were to be modified, clarification from the project engineer as to their intent of grading would be necessary. r 0 We require that the above items be addressed before continuing with our review of this project. Should you have any questions, please contact either Brian Ching, Associate Engineer, at (760) 777-7075, or myself at (760) 777-7125. Sincerely, APdrew.Mogensen Associate Planner C: PW, File Page 1 of 1 Andy Mogensen From: Brian Ching Sent: Wednesday, February 15, 2006 10:14 AM To: Andy Mogensen Cc: Paul Goble; Les Johnson Subject: Lot Line Adjustment 2006-463 Good Morning Gentlemen, I have reviewed the proposed lot line adjustment an offer the following comments: 1. The rough grading plans will need to be adjusted if any change is made to the pad. 2. Will Lot 9 be coming in for a Lot Line Adjustment? If so said application cannot happen after a year of approval of this one. Is ND La Quinta aware of this? 3. Why is this lot being made bigger? 4. Swale condition will be non functional along the Golf Course side with any revision to the lot. Any rework of the pad shall not affect any proposed drainage paths. I will not proceed until my comments and further comments from Public Works are resolved. Brian A. Ching Associate Engineer City ofGa Quinta Public Works (Department (Phone: (760) 777-7044 Exc: (760) 777-71 SS email bc(aing@la-guinta.org 2/15/2006 HIDEAWAY February 28, 2006 Andrew Mogensen CITY OF LA QUINTA P.O. Box 1504 La Quinta, CA 92247 RE: Lot Line Adjustment 06-453 Dear Mr. Mogensen: Thank you for your letter of February 16, 2006 concerning the referenced matter. On behalf of the Hideaway as one of the owners and parties to the Lot Line Adjustment and Mr. and Mrs. Neuman as the other party, we offer the following responses to your comments: 1. All drainage on this lot will be accomplished via site drains and drywells as reflected on the approved Precise Grading Plan. 2. The comment is understood and noted. 3. The intent of the Lot Line Adjustment is to allow the owner greater flexibility in the construction of their home by incorporating surplus area far removed from the playable areas of the golf course. We appreciate your consideration. The Neumans have been in the process for some time and are very excited and anxious to begin construction on their home, which will be a complement to the other fine homes that are being constructed in the community. Sincerely, THE HIDEAWAY/NDLQP �j John P. Gamlin Vice President — Development Enclosure: Letter from Andrew Mogensen, City if La Quinta dtd 2/16/06 cc: Don and Valery Neuman Brian Ching, Public Works, City of LQ PO BOX 1540 • 81-100 AVENUE53 • LA QUINTA • CALIFORNIA • 92253 PH. 760.39L5072 . PX=760-398-5788 • www.hideawaygol Fclubcom DISCOVERY LAND COMPANY z(Li Ati f'1Qr�l3F � LvJ� S (T'F: ✓tS IT j1F15 fL! Community Development P.O. BOX 1504 - LA QUINTA, CA 92247 PH:760-777-7125 FAX:760-777-1233 TRANSMITTAL MEMO TO: ❑ ENGINEERING / PUBLIC WORKS DEPARTMENT ❑ RETURNED TO COMMUNITY DEVELOPMENT DEPARTMENT FROM: Andrew J. Mogensen, Associate Planner (760-777-7068) DATE: February 7, 2006 APPLICANTS: Valery Neuman and Donald Neuman CASE(S): LLA 06-453 LOCATION/SITE: 777-090-029 & 777-070-040, Hideaway Residence Lot & Golf Course Lot PROJECT: Lot Line Adjustment 2006-453 DESCRIPTION: The applicant is proposing to enlarge a single lot from a golf course parcel. Attached is the lot line adjustment information submitted by the project Proponent. Subdivision Ordinance Section 13.32 applies to lot line requests. Please review and provide any comments you may have on this proposal by February 21", 2006 via mail, courier, fax to (760) 777-1233, or email to amogensen@la-quinta.org . If you have any questions, please contact me at (760) 777-7068. PLEASE REVIEW AND RESPOND TO THIS PROPOSAL NO LATER THAN: February 21 ", 2006 Attachments: LLA 06-453 Blue File & Exhibits (Original Green file is in ComDev) Comments: P:\Andy's\Lot Line Adjustments\LLA Agency Transmittal.doc P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 ' 78-495 CALLE TAMPICO (760) 777-7000 LA QUINTA, CALIFORNIA 92253 FAX (760) 777-7iol February 16, 2006 Valery Neuman and Donald Neuman 752 Elk Clover Circle Palm Desert, CA 92211 SUBJECT: LOT LINE ADJUSTMENT 06-453 Revisions Dear Mr, and Mrs. Neuman, We have begun processing of your proposed lot line adjustment and require that additional information be provided in order for us to proceed. In our review, that questions and concerns arose involving the following items: 1. The rough grading plans will need to be adjusted if any change is made to the building pad. There is a drainage swale at the location of the lot line adjustment which would be affected by any modifications to the building pad. One of the conditions of approval shall require that any reworking of the building pad shall not affect any proposed drainage paths. 2. According to an exhibit referenced as "Hideaway Lot 10-F dated 01-13-06, it appears that adjacent lot 9 is being proposed for a future lot line adjustment to align with this proposal. La Quinta Municipal Code Section 13.32.020 places a condition on frequency in that only one lot line adjustment is permitted within a twelve month period for any of the properties involved. If Lot 9 were to obtain a lot line adjustment in the future, or any lot abutting Lot J, those properties would be required to wait until the 12 month period has passed. 3. We require a written statement of intent as to the purpose of the lot line adjustment, especially in regards to item #1 above. If the drainage were to be modified, clarification from the project engineer as to their intent of grading would be necessary. aW 11 We require that the above items be addressed before continuing with our review of this project. Should you have any questions, please contact either Brian Ching, Associate Engineer, at (760) 777-7075, or myself at (760) 777-7125. Sincerely, A drew J. Mogensen Associate Planner C: PW, File i MEMORANDUM D;FFcgE VF;: n =E6282nrg I_J� TO: Andrew J. Mogensen, Associate Planner oMMu i oEe oPMENr j DEPARTMENT_ FROM: Brian Ching, Associate Engineer t , THRIJ: Paul Goble, Senior Engineer DATE: February 28, 2006 RE: LLA 2005 — 453 Lot 10 of Amendment No. 2 of Tract Map No. 29894-2 The Public Works Department has reviewed the documents for the abovementioned lot line adjustment from ND La Quinta Partners dated February 7, 2006 and find them correct as submitted. If you have any questions, please feel free to contact me at extension 7044. TAProjed Development Division\Development Projects\COA & Correspondence\LLA\LLA2006A53WpprovalLLA2005453.doc PLAT TO ACCOMPANY o SHEET 1 OF 1 SHEETS LEGAL DESCRIPTION EXHIBIT "B" CURVE TABLE CURVE DELTA RADIUS LENGTH (Ct 01'1 2'56" 2188.00, 46.42' (C2) 01'59'43" 50.50' 1.76' (C3) 82'17'59" 31.00' 44.53' LINE TABLE UNE BEARING LENGTH 11 N 87' 99'03" W 32.59' 1-2 N 49'08'02" W 26.91' \� 10' WIDE / 3 ?s \ P0Z Pyo�RO LEGEND — EXISTING LOT LINE TO BE ADJUSTED EXISTING LOT LINE Q� �Al TO REMAIN / y NEW LOT LINE �y�^9�, �. 5 L AIYlENDMENT/ NO, 2 i i SCALE: 1" = 60' NEW LOT LINE G 10' WIDE �PC�'�G�v / N 54•!4, •(C2) N 4 �RAp r � i � a LOT TRACT 1 NO. 20604-2 n LOT D PARCEL 1 N 0.660 ACRES LOT 10 �, P.O.B. LOT LINE TO N BE REMOVED PARCEL 2 �5 �73'S8 I LOT J 1 _ TRACT NO. 32 -53 LEGEND CON'T. �` 7 (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE PUBUC UTILITY EASEMENT 1 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 0 2 INDICATES A 12' WIDE LANDSCAPE EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 QINDICATES A 10' WIDE STORM DRAIN EASEMENT 3 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 QINDICATES A 10' WIDE CVWD WATER EASEMENT 4 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 QINDICATES A 10' WIDE VERIZON EASEMENT 5 PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED JULY 14, 2005 TRANSFER PARCEL 2,079 SQ.FT. 2 No. 7842 * Exp. 12/31/06 f �T T9rF OF CAL�FO� PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 EXHIBIT "A" PARCEL1 LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT "J" OF TRACT NO. 32453 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30'E 129.92' ", SOUTH 12°29'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67°22'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.660 ACRES, MORE OR LESS. PARCEL 2 LOT "J" OF TRACT NO. 32453, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30"E 129.92' ", SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 20 1�oro DATE REGISTRATION EXPIRES 12/31/06 �\�pL LANp SG No. 7842 * Exp. 12/31/06 T9TF OF CAL\E�Q` PLAT TO ACCOMPANY SHEET 1 OF 1 SHEETS LEGAL DESCRIPTION EXHIBIT "B" CURVE TABLE CURVE DELTA RADIUS LENGTH C1 01.12'56. 2188.00' 46.42' (CZ) 01'59'43" 50.50' 1.76' (C3) 82'17'59" 31.00' 44.53' LINE TABLE LINE BEARING LENGTH (L1) N 87.19'03" W 32.59' (1-2) N 49*08102" W 26.91' \� 10' WIDE 3 9Q\W / LEGEND — EXISTING LOT LINE TO 1' BE ADJUSTED ti /v EXISTING LOT LINE O� �0� / TO REMAIN 0 45 NEW LOT LINE J / 10_WIDE AnArNDNENT� No, 2 TRACT 110. / L J7 J ; SCALE: 1" = 60' NEW LOT LINE L J7 @ NO20094-2 PARCEL 1 0.660 ACRES LO r 1J 6, 1ki1.g. P.O.B. LOT LINE TO N BE REMOVED wl PARCEL 2 ,5a g358�y � ILOT J �S, TRACT NO, 02453 1J B, 372/ 0 J8 LEGEND CON'T. (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE PUBLIC UTILITY EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 A2 INDICATES A 12' WIDE LANDSCAPE EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE STORM DRAIN EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE CVWD WATER EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE VERIZON EASEMENT PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED JULY 14, 2005 TRANSFER PARCEL 2,079 SQ.FT. ��p2 a 0 No. 7842 * Exp. 12/31/06 sT �� 9TF OF CALF°� PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 FIDELITY NATIONALTI7'LE COMPANy SUBDIVISION DEPARTMENT WHEN RECORDED MAIL TO: Mr. and Mrs. Neuman 752 Elk Clover Circle Palm Desert, CA 92211 MAIL TAX STATEMENT TO: SAME AS ABOVE APN: 772-430-024-3 TRA: 020-160 DOCUMENT TRANSFER TAX $ 696.30 XX Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at the time of sale. Doc a 2004-0736674 09/16/2094 06:00R Fee:19.00 Page 1 of 6 Doe T Tax Paid Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clark & Recorder 1111111111111111111111IIII111IIIIII1111Hill III III M $ U PAGE SIZF W ' pGOR MOCOP S,F wsc. A aHL COPY LONG REFUND NCNG EAW �1 T Signature of Declarant or Agent determining tax — Firm Name Ma GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby GRANT(S)to Valery Neuman and Donald Neuman, Wife and Husband as Community Property with Rights of Survivorship ("Grantee"), the real property located in the City of La Quinta, County of Riverside, State of California, described as: See Legal Description attached hereto and incorporated herein as Exhibit "A". SUBJECT TO all matters of record including, without limitation, the covenants and agreements described in Exhibit "A" attached hereto. Dated: tP/7.�VO�I ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd. an Ohio limited liability company its managing m er B Joseph L, Arenson Authorized Representative STATE OF California ) ) ss. COUNTY OF Riverside ) On s Z2;WI . �Z? 2004, before me, the undersigned, a notary public in and for said State, personally appeared Joseph L. Arenson, authorized representative of Nationwide Realty Investors, Ltd., (whose identity was proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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] Signature CONNIE C NCE 0 COMM. #1417229 NOTARY PUBLIC - CAUFORNW RNERSIDE COUMV J Oy Camn ssion Fin May 11, 2007 EXHIBIT "A" Legal Description Parcel No. 1: Lot 10 (the "Lot") of Amendment No. 2 Tract No. 29894-2 as shown on Subdivision Map (the "Map") recorded on December 12, 2002, in Book 359, Pages 68 to 82, inclusive, of Maps, in the Office of the Riverside County Recorder. EXCEPTING AND RESERVING THEREFROM TO GRANTOR and its successors, assigns, invitees, licensees and employees, together with the right to grant and transfer all or a portion of the same, all easements and rights for access, ingress, egress, encroachment, maintenance, drainage, support, and for other purposes over the Association Maintenance Areas and other portion of the Lot, reserved to Grantor in the following instruments: 1. The Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Hideaway Owners Association (as amended or supplemented, the "Declaration'), recorded on December 13, 2002, as Instrument No. 2002- 745938, of Official Records of Riverside County, California (the "Official Records'); 2. The Supplementary Declaration of Annexation of Property, recorded on March 21, 2003, as Instrument No. 2003-201647, of Official Records of Riverside Country, California. FURTHER RESERVING THEREFROM, the right to enter the Lot for a term of twelve (12) months following the recordation of this Grant Deed, to complete and repair any improvements or landscaping located thereon as determined necessary by Grantor, in its sole discretion, in order to comply with requirements for the recordation of the Final Tract Map, the grading of said Tract and/or in compliance with the requirements of applicable governmental agencies. Such entry by Grantor shall be preceded by reasonable notice to Grantee before such entry. If this reservation of right of entry is not complied with by Grantee, Grantor may enforce this right of entry in a court of law. Grantee shall be responsible for all damages arising out of said breach including attorneys' fees and court costs. This reservation of right of entry shall automatically expire twelve (12) months from the recordation of this Grant Deed. Parcel No. 2: Nonexclusive easements for access, ingress, egress, drainage, maintenance, repairs and for other purposes, all as described in the Declaration. SUBJECT TO: Non delinquent general, special and supplemental real property taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, easements, rights and rights -of -way of record including, without imitation, the Declaration and the Map for Tract No. 29894-2. Grantee, by acceptance and recordation of this Grant Deed, hereby (a) accepts and approves all of the foregoing in this Grant Deed, (b) grants to Grantor and The Hideaway Owners Association such powers and rights as are set forth in the Declaration, and (c) accepts, covenants and agrees to be bound by and assume performance of all of the applicable provisions and requirements set forth in the Declaration, including Section 13.15 establishing the procedure for resolving disputes with Grantor, and the notice, which provisions and requirements are acknowledged to be reasonable and incorporated herein by this reference thereto. This grant is conditioned upon the performance of such provisions and requirements as are to be performed by Grantee under the Declaration. The restrictions on use and occupancy of the Lot are set forth in the Declaration to which this Grant Deed is specifically and expressly made subject. GRANTEE HEREBY ACCEPTS AND APPROVES THE FOREGOING, granting unto Grantor and The Hideaway Owners Association such powers and rights which are set forth in the Declaration defined above, on _S � &:R 9 , 2004. Donald Neuman Valery Neuron (;H STATE OFLI F()RNli4 ) ) ss. COUNTYOF'R ttIEXSIDE ) On 5T Gl1&R , 2004, before me, the undersigned, a notary public in and for said State, personally appeared Donald Neuman and Valery Neuman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. cri'1 J [SEAL] Sig�atur My commission expires: t (r O DMA U MN ceffa m A 14""s COto* Mytaem�towow 1a "GRANTEES HEREBY HEREIN DESCRIBED SURVIVORSHIP." EXPRESSLY DECLARE AND ACCEPT THE TRANSFER OF THE PROPERTY AS COMMUNITY PROPERTY WITH RIGHT OF Date: 7� Date: STATE OF CALIF NIA ) COUNTY OF - K nA RI51 DG .)Ss '�� On SEPrEM 8ER , �)G q before me, L)(A(DA:TC�2�.1AA 11iDTARjrI'(/BLICr y appeared, EUMA" ciiv,d (1iG1here nsc72�/ A[,=/i)uxert name and &K/he officer), personally a eared personally kpown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s 1e/are subscribed to the within instrument and acknowledged to me that he/sheithey executed the same in hWhelltheir authorized capacity(ies), and that by to/ger/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (9rWtcp.wpd)(5-01) RECORDING REOULS1 CD g rdiaT AMERICAN PILE CGMFANt' WADI WAOM WANr1114M RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Morgan, Lewis & Bockius 300 South Grand Avenue, Suite 2200 Los Angeles, California 90071 Attention: Anthony Ciasulli, Esq. MAIL TAX STATEMENTS TO: ND La Quinta Partners, LLC, 375 North Front Street, Suite 200 Columbus, Ohio 43215 Z'>730'] NcrL Tra_oao (Space Above this Line Drr- notshmn OOC a 2002—MI2320 OB/13/2002 08:0" Fee:ae.e® Page 1 of 4 Ooc T Tax Paid Recorded in Official Records County of Riverside Wry L. Or* e Assessor, Comty Recorder 111111111111111111IIIIIIII11IIIN1111IIII1 RgEEEa S1f ",3t.I} NGNG ExYI 3U' GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NRI-LQLP GOLF PROPERTIES, LLC, a Delaware limited liability company ("Grantor") hereby grants to ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company, that certain real property located in Riverside County, State of California, which is more fully described in Exhibit A attached hereto, and hereby made a part hereof, SUBJECT TO all covenants, conditions, restrictions, rights, rights -of -way, easements, encumbrances and other matters of record, or of which a survey or inspection of such property would give notice, as of the date hereof. Dated: September & 2002 I-LA/630634.1 NRI-LQLP GOLF PROPERTIES, LLC, a Delaware limited liability company By: Nationwi alty Investors, Ltd., an Ohio Iftiteii liabilitwcoinpany, its m ng ember By: Brian Ellis President and Chief Operating Officer M STATE OF O H l0 ) COUNTY OF VMN I(.l.! 0 ss. On this Ltd day of 4W02, before me personally appeared �l0.tti� • G � � t S , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his authorized' capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TTNESS my hand and official s �1ali.� ^ Notary 13ublic a• REWARNMORMOND ow .5 s o MY�t»IIn�MoaBp .. \'rgTE OF 0`� 38*n 147B R.C. 11111111111111111111111111111111111111111111111111111 aezeez oftaeSBBR 1-LA/630634.1 EXHIBIT A [see attached] IN11111111111111111In11111111111111111111111111 ae„o288,86n 1-LA/630634.1 DESCRIPTION PARCEL A: LOTS 141 AND LETTERED LOTS C, V, W, X, Y, Z, AA AND BB OF TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE ON FILE IN BOOK 309, PAGE(S) 18 THROUGH 50 OF MAPS, RECORDS OF SAID COUNTY, CALIFORNIA. PARCEL B : LETTERED LOTS F, G AND H, INCLUSIVE OF TRACT NO. 29894-1, AS SHOWN BY MAP ON FILE IN BOOK 305, PAGE(S) 14 THROUGH 22 OF MAPS. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B9 ; a�'4 4of 4 FIDELITY NATIONALTITLE COMPANY SUBDIVISION DEPARTMENT WHEN RECORDED MAIL TO: Mr, and Mrs. Neuman 752 Elk Clover Circle Palm Desert, CA 92211 MAIL TAX STATEMENT TO: SAME AS ABOVE APN: 772-430-024-3 TRA: 020-160 DOCUMENT TRANSFER TAX $ 696.30 XX Computed on the consideration or value of property conveyed; OR DOG 09a 2004694 pp 07 3 6074 ,. Papa t of S Doe T Tax Paid Recorded in Official Records County of Rlvsrside Gary L. Orso Asses1111111111111111111111IIII11111111unty Clark 111111111iNIIII M 5 U ii P.- 61Zf w POOR nOcoR MF wsc. A R L coPr ioRc REFUND Rc11c PrwM Computed on the consideration or value less liens or encumbrances remaining at the time of sale. Signature of Declarant or Agent determining tax — Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby GRANT(S)to Valery Neuman and Donald Neuman, Wife and Husband as Community Property with Rights of Survivorship ("Grantee"), the real property located in the City of La Quinta, County of Riverside, State of California, described as: See Legal Description attached hereto and incorporated herein as Exhibit "A". SUBJECT TO all matters of record including, without limitation, the covenants and agreements described in Exhibit "A" attached hereto. Dated: ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd. an Ohio limited liability company its managing; anaging m er B� Joseph L. Arenson Authorized Representative �O STATE OF California ) ) ss. COUNTY OF Riverside ) On L b et.4 =.Z3' , 2004, before me, the undersigned, a notary public in and for said State, personally appeared Joseph L. Arenson, authorized representative of Nationwide Realty Investors, Ltd., (whose identity was proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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] Signature 0MVCONME CONCETIPO COMM. #141722917229NOTARY PUBLIC - CAUFORNIARIMQUE CWNfY T-Ission Emkes MQy 11. 2007 EXHIBIT "A" Legal Description Parcel No. 1: Lot 10 (the "Lot") of Amendment No. 2 Tract No. 29894-2 as shown on Subdivision Map (the "Map") recorded on December 12, 2002, in Book 359, Pages 68 to 92, inclusive, of Maps, in the Office of the Riverside County Recorder. EXCEPTING AND RESERVING THEREFROM TO GRANTOR, and its successors, assigns, invitees, licensees and employees, together with the right to grant and transfer all or a portion of the same, all easements and rights for access, ingress, egress, encroachment, maintenance, drainage, support, and for other purposes over the Association Maintenance Areas and other portion of the Lot, reserved to Grantor in the following instruments: 1. The Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Hideaway Owners Association (as amended or supplemented, the "Declaration'), recorded on December 13, 2002, as Instrument No. 2002- 745938, of Official Records of Riverside County, California (the "Official Records"); 2. The Supplementary Declaration of Annexation of Property, recorded on March 21, 2003, as Instrument No. 2003-201647, of Official Records of Riverside Country, California. FURTHER RESERVING THEREFROM, the right to enter the Lot for a term of twelve (12) months following the recordation of this Grant Deed, to complete and repair any improvements or landscaping located thereon as determined necessary by Grantor, in its sole discretion, in order to comply with requirements for the recordation of the Final Tract Map, the grading of said Tract and/or in compliance with the requirements of applicable governmental agencies. Such entry by Grantor shall be preceded by reasonable notice to Grantee before such entry. If this reservation of right of entry is not complied with by Grantee, Grantor may enforce this right of entry in a court of law. Grantee shall be responsible for all damages arising out of said breach including attorneys' fees and court costs. This reservation of right of entry shall automatically expire twelve (12) months from the recordation of this Grant Deed. Parcel No. 2: Nonexclusive easements for access, ingress, egress, drainage, maintenance, repairs and for other purposes, all as described in the Declaration. SUBJECT TO: Non delinquent general, special and supplemental real property taxes and assessments. 2. All other covenants, conditions, restrictions, reservations, easements, rights and rights -of -way of record including, without imitation, the Declaration and the Map for Tract No. 29894-2. Grantee, by acceptance and recordation of this Grant Deed, hereby (a) accepts and approves all of the foregoing in this Grant Deed, (b) grants to Grantor and The Hideaway Owners Association such powers and rights as are set forth in the Declaration, and (c) accepts, covenants and agrees to be bound by and assume performance of all of the applicable provisions and requirements set forth in the Declaration, including Section 13.15 establishing the procedure for resolving disputes with Grantor, and the notice, which provisions and requirements are acknowledged to be reasonable and incorporated herein by this reference thereto. This grant is conditioned upon the performance of such provisions and requirements as are to be performed by Grantee under the Declaration. The restrictions on use and occupancy of the Lot are set forth in the Declaration to which this Grant Deed is specifically and expressly made subject. GRANTEE HEREBY ACCEPTS AND APPROVES THE FOREGOING, granting unto Grantor and The Hideaway Owners Association such powers and rights which are set forth in the Declaration defined above, on S ZEE 9 , 2004.. Donald Neuman STATE OF(.NLI FrJk MIA ) ) ss. COUNTY OF "RIVERS(t) ) On 55 C1`1oeR 9 , 2004, before me, the undersigned, a notary public in and for said State, personally appeared Donald Neuman and Valery Neuman, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. A p& 6mza,J [SEAL] SigNatuijf My commission expires: 1 1(e O t»t0At1�WIpN COMM M • 14u "s NM FUM.Camwft adds County 161WCommt Owl& "GRANTEES HEREBY EXPRESSLY DECLARE AND ACCEPT THE TRANSFER OF THE HEREIN DESCRIBED PROPERTY AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP." Date: Date: —' - STATE OF CALIF�NIA ) COUNTY OF K t VERS (DE .)Ss On SEPI'EM 8ER 9 �4 before me, jMDiPll777M—AV, lUDTAee�IUBG/� (here insert name and title of the officer), personally appeared Nl6l I MAN anvl jjAt 1Z&Y A 1EU/4AP,( personally kogwn to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ,Ware subscribed to the within instrument and acknowledged to me that Wahefthey executed the same in h)Whefhheir authorized capacity(ies), and that by h Wberkheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. A, Signature: (grwtcp.wpd)("1) FIDELITY NATIONALTTTLE COMPANY SUBDIVISION DEPARTMENT WHEN RECORDED MAIL TO: Mr. and Mrs. Neuman 752 Elk Clover Circle Palm Desert, CA 92211 41 A 000 U 2004-07366"74 s 09/10/2w 00:cT T 0`19'00 page 1 of 0 oa ax Paid Recorded in Official Records County of Riverside Gary Orso A,aaaeor, County Clark & Recorder IIIII III I�II� I II ll 11i Ind 1111i 1 1� Ili 11111 MAIL TAX STATEMENT TO: SAME AS ABOVE APN: 772-430-024-3 TRA: 020-160 M s U YFf — -- n a _ Cw. QDOCUMENT TRANSFER TAX S 696.30 NXX Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances 1a remaining at the time of sale. MA Signature of Declarant or Agent determining tax - Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Grantor"), hereby GRANT(S)to valery Neuman and Donald Neuman, Wife and Husband as Community Property with Rights of Survivorship ("Grantee"), the real property located in the City of La Quinta, County of Riverside, State of California, described as: See Legal Description attached hereto and incorporated herein as Exhibit "A". SUBJECT TO all matters of record including, without limitation, the covenants and agreements described in Exhibit "A" attached hereto. Dated: NO LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd. an Ohio limited liability company its managing m er B Joseph L. Arenson Authorized Representative • 0 EXHIBIT "ONE" PARCELI: Lot 10 of Amendment No. 2 Tract No, 29894-2, in the City of La Quinta, County of Riverside, State of California, as per Map recorded in Book 359, Page(s) 68 through 82, inclusive of Maps, in the Office of the County Recorder of said County. Excepting therefrom to grantor, and its successors and assigns, interest in all water, minerals, oil, gas, petroleum, other hydrocarbon substances and all geothermal energy sources in or under said land or which may be produced from said land. In, Non-exclusive easements for access, ingress, egress, drainage, maintenance, repairs and for other purposes, all as described in the Declaration. EXHIBIT "A" PARCEL 1 LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT "J" OF TRACT NO. 32453 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12°29'30"E 129.92' ", SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67122'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.660 ACRES, MORE OR LESS. PARCEL2 LOT "J" OF TRACT NO. 32453, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30"E 129.92' -, SOUTH 12029-30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67°22'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY I, L1 SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. DEAN J. BOULDIN, P.-L.S. 7842 REGISTRATION EXPIRES 12/31/06 � LgNO� 0�5�'�P� J. BOU�OSG��,c No. 7842 Exp. 12/31/06 s ��Q T9TF OF CA\-\F�� 2l r/o(v DATE PLAT TO ACCOMPANY SHEET 1 OF 1 SHEETS LEGAL DESCRIPTION EXHIBIT "B" CURVE TABLE CURVE DELTA RADIUS LENGTH C1 01 12'56" 2188.00' 46.42' C2 O1'S9'43" 50.50' 1.76' C3 82'17'59" 1 31.00' 44.53' LINE TABLE LINE BEARING LENGTH (L1) N 87'19'03" W 32.59' (L2) N 49'08'02" W 26.91' \� 10' WIDE / \sue. 3 s So. ,ti 'Pqo\�i \\R9e LEGEND — EXISTING LOT LINE TO BE ADJUSTED — EXISTING LOT LINE O 0^ TO REMAIN NEW LOT LINE 00O41 SCALE: 1" = 60' NEW LOT LINE / 4 G� / 10' WIDE •(C2) N � ZRPD. TRACT \ NO. 20804 2 rJ' 7 J PARCEL 1 N 0.660 ACRES N o, 1\ IR 360 / 33-32 L07' JO N m P.O.B. LOT LINE TO N BE REMOVED PARCEL 2 ,58• \Wi . � LOT J (u)_ �2p0 , TRACT NUJ. 3, "3 ,� as Mille. 372/ 10 Jd LEGEND CON'T. (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE PUBLIC UTILITY EASEMENT 1 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 Q2 INDICATES A 12' WIDE LANDSCAPE EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 0 INDICATES A 10' WIDE STORM DRAIN EASEMENT 3 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 QINDICATES A 10' WIDE CVWD WATER EASEMENT 4 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 QINDICATES A 10' WIDE VERIZON EASEMENT 5 PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED JULY 14, 2005 TRANSFER PARCEL 2,079 SQ.FT. Z No. 7842 * Exp. 12/31/06 qrF OF C\F PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 HI DEAWAY LOT 10 - F r, 0 Loeatim LEGEND Now >tieerza, p{ "ii iiiii"i Buldx elope ® 44m.d{ox Axa Alm proper ---- rvperry line � - pn� Naaud Arm Ars vaa¢vx Easement 1(adxsumBuSfisg Ad=3¢ 14'ALvvePadI7evadax LstAra a5 SFi Badrq Fm eded gArd 35,6765.P.3 Eu'1 �y q- Std. L.wkvxandNumLm Pstart Axa U,6" sr—+ 6 24, 66' ra. bmamdN.rVt..r. hm oa.J�c md.Jvpga.J..m..amdaupa".d em.nmi.pe.d.aa. dapm.a. ap....a a..yr. d. Ju.nm.am 6.maa urJraa. Y.am.k. Area i Ff apl J2wN r.F�i L(..l of-13-oc. 0 E RECORDING REQUESTED BY: SOUTHLAND TITLE - INLAND EMPIRE (Title) AND WHEN RECORDED MAIL TO: Don Neuman 9'// AAl c wV V t(.,Ll RAL111 bewk cA. -122 i1 Order No.; Escrow No.; A.P.N.: Doc ss 2PIQjc,_�as98�� 03/09/2006 Conformed Copy Has not been ...pared with .rig_, -gal Cara U Uard Rssessoounty o Riverside County Clerk & Recorder GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] unincorporated area [ XX ] City of La Qulnta FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ND La Qulnta Partners, LLC, a Delaware Limited iability Company hereby GRANT(S) to Valery Neuman and Donald Neuman, Wife and Husband as Community Property with Rights of Survivorship the following described real property in the County of Riverside, State of Califomia See Legal Description attached hereto and incorporated herein as Exhibit "A" Dated: March 7, 2006 STATE OF CALIFORNIA COUNTY OF /O7n before me pars nallyappeared personally known to me (or 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/lhey executed the same in his/her/their authorized capacity(ies) and that by his(her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument. WITNESS my.Ff3pd and official se Signature/L/OL .. J Signature of Notary } SS. NO La Quinta Partners, LLC a Delaware limited liiability company By: Nationwide Realty Investors, Ltd. An Ohio Limited Liability comp its managing rpghlebbrJ L.Arenson, CONNIE C NCETIO COMM, #1417229 (Zj NOTARY PUBIC- CALIFORNIA RNERSIDE COUNTY My Ccmff"on EON May 11, 200 (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" PARCEL1 LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT "J" OF TRACT NO. 32453 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30"E 129.92' ", SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.660 ACRES, MORE OR LESS. PARCEL 2 LOT "J" OF TRACT NO. 32453, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS 'S12029'30'E 129.92' ', SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. DEAN J. BOULDIN, P.-S. 7842 DATE REGISTRATION EXPIRES 12/31/06 � p LAryp 3 S a No. 7842 * Exp. 12/31/06 9Tf OF CAS\F�� PARCEL MERGER No. LOT UNE ADJUSTMENT No. OG APPROVED BY CITY OF LA OUINTA BCYONITYD VEti OPMENT DEPARTMNN rrTeSDATE 3 Exhibit PLAT TO ACCOMPANY .r Nw SHEET 1 OF 1 SHEETS LEGAL DESCRIPTION EXHIBIT 11B" CURVE TABLE CURVE DELTA. RADIUS I LENGTH C1 01 1 6" 21 .00' 4 .42' C2 01.59�3" 50fS0' 1.7 ' 0 82 ' 9" 1 31 00' 1 4 S LINE TABLE UNE BEARING LE GTH L1 N 87.15'03" W 2.59' L2 N 49'0 '02" W 2 ' OVA 'I 10' WIDE / \r�v 3 Qc\� LG1 i 3 LEGEND EXISTING LOT LINE TO BE ADJUSTED � \'/ `ti ��/, II EXISTING LOT LINE O-b\ /y TO REMAIN 0 NEW LOT LINE \i /, / �QP ✓ rys J A ENDMEENT NO. 2 o\ i i / PARCEL 1 i 0.660 ACRES 1 Z LO r JO �• N �L LOT LINE TO BE REMOVED wl SCALE: 1" = 60' a �o ' Lim NEW LOT LINE V� LEGEND CON'T. �` ID (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 v INDICATES A 10' WIDE PUBLIC UTILITY EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 PER AMENDMENT NO. 2 TR CTAPE NO.EASEME29894N2 M.B. 359/68-82 0 �dDICATES A 10' WIDE STORM DRAIN EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE CVWD WATER EASEMENT L� PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 iQINDICATES A 10' WIDE VERIZON EASEMENT 5 PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED JULY 14, 2005 G 10' WIDE 4•0 •(C2) 2 L OT 8 TRACT NO. 20604-2 CEL MERGER No • UNEAW NTN. PARCEL 2 LOT J TRACT NO. 324-53 TRANSFERALLM PARCEL � a eQ 2,079 SOFT.94 2� y No. 7842 * Exp. 12/31/06 qTP OF CAUFO� PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 P.O. lion 1504 LA QUINIA, C:AInoRVIA 92247-1504 78-495 CALLS TANIPIC0 (760) 777-7000 LA QUINIA, CALIFORNIA 92253 FAX (760) 777-7101 March 3, 2006 Valery Neuman and Donald Neuman 752 Elk Clover Circle Palm Desert, CA 92211 SUBJECT: LOT LINE ADJUSTMENT 06-453 LETTER OF APPROVAL Dear Mr. and Mrs. Neuman, Attached with this letter are the original approved revisions concerning Lot Line Adjustment LLA 05-453. Based on zoning compliance and correctness of the property descriptions, the City has approved your request for a Lot Line Adjustment. Attached is the original Preliminary Title Report and Exhibits A and B. Please complete the grant deed and have these documents recorded with the County Recorder and provide us a copy of the recorded documents for our files. Until the recorded copies are received, the Lot Line Adjustment is not complete. This letter shall be presented to the County Recorder as official verification that the City has approved the adjustment and requests its recordation. By execution of this approval, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta from any legal claim or litigation arising out of the City's approval of this Lot Line Adjustment. Should you have any questions, feel free to contact me at (760) 777-7125. Sincerely, drew J. Mogensen Associate Planner Enclosures AJM: ajm iI p.: RECORDING REQUESTED BY: SOUTHLAND TITLE - INLAND EMPIRE (Title) AND WHEN RECORDED MAIL TO: Don Neuman `1yl F4/c w 1)13 LM Des-eC/; . cl Z L I I Order No.: Escrow No.: A. P. N.: DOC n 2006-0170821a4 03/09/2006 Conformed Copy Has not been compared u.tth original. Larry W Ward County of Riverside Assessor, County Clerk E Recorder GRANT DEED LINE IS THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX IS NONE [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] unincorporated area [ XX ] City of LA %q FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Valery Neuman and Doland Neuman Wife and Husband as Community Property with Rights of Survivorship hereby GRANT(S) to Valery Neuman and Doland Neuman Wife and Husband as Community Property with Rights of Survivorship the following described real property in the County of Riverside, State of California See Legal description attached hereto and incorporate hereing as Exhibit "A" Dated: March 7, 2006 STATE OF CAL1�ORNIA COUNTY OF /ll4h/2 frL/E SS. On BAR- % _ 2(70 G before me pe ovally aP_p(eared die e i I�Jr NA/N personally known to me (or 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. W ITNESS m /nd a d1 o icial seal Signature / fZ Sign re of Notary Donald Neuman � (7 Z /C t l)) Ze (This area for official notary seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 0 EXHIBIT "A" PARCEL1 LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT "J" OF TRACT NO. 32453 AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'30"E 129.92' SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031'58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.660 ACRES, MORE OR LESS. PARCEL 2 LOT "J" OF TRACT NO. 32453, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 372, PAGES 10 THROUGH 18, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THAT PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRANSFER PARCEL BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 OF AMENDMENT NO. 2 TRACT NO. 29894-2 AS SHOWN ON A MAP FILED IN BOOK 359, PAGES 68 THROUGH 82, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY PROLONGATION OF THAT CERTAIN COURSE IN THE GENERALLY EASTERLY LINE OF SAID LOT 10 DESCRIBED AS "S12029'307E 129.92'm, SOUTH 12029'30" EAST, 12.00 FEET; THENCE LEAVING SAID SOUTHERLY PROLONGATION SOUTH 67022'41" WEST, 111.88 FEET TO THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 10; THENCE ALONG SAID SOUTHEASTERLY PROLONGATION NORTH 20024'55" WEST, 33.28 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE LEAVING SAID SOUTHEASTERLY PROLONGATION AND ALONG THE GENERALLY SOUTHERLY LINE OF SAID LOT 10 SOUTH 87019'03" EAST, 32.59 FEET; THENCE CONTINUING ALONG SAID GENERALLY SOUTHERLY LINE NORTH 72031-58" EAST, 83.58 FEET TO THE POINT OF BEGINNING. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF. THE REAL PROPERTY DESCRIBED HEREIN HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. REGISTRATION EXPIRES 12/31/06 LA/VOSG a OZ 0 No. 7842 '* Exp. 12/31/06 s 'N r9Te OF Opp\FAQ 2 01�Oc-1 DATE PARCEL MERGER No. LOT LINE ADJUSTMENT No. a APPROVED BY CITY OF LA OUINTA COM UNITY DXVELOPMENT DEPARTME BY f ew,: d SS" DATE 3 Exhibit PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B" CURVE TABLE CURVE DELTA, RADIUS I LENGTH (Cl)01'1 6" 1 21 .00 4 .42' C2 01'59=4J' 50.30' 1 1.9 C3 82 9' 1 31 00' 1 44 LINE TABLE LINE BEARING LE GTH L1 N 87*19'03" IN 2.59' 1-2 N 49'0 '02" W 1 2 \ 10' WIDE / \ 15. 3 LEGEND — EXISTING LOT LINE TO BE ADJUSTED\'/ /Q EXISTING LOT LINE O �e / .% TO REMAIN NEW LOT LINE G�J� V 2 / yam' / tiry•l LA AMENDMENT NO, 2 / �I Z NO, N J S. `5 SCALE: 1" = 60' rn '°• .-(Lim NEW LOT LINE w� PARCEL 1 0.660 ACRES LOT LINE TO BE REMOVED '158' Wl LEGEND CON'T. (XXXX) INDICATES RECORD DATA PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 -Q INDICATES A 10' WIDE PUBLIC UTILITY EASEMENT 1 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 0 INDICATES A 12' WIDE LANDSCAPE EASEMENT / 2 PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 0 DICATES A 10' WIDE STORM DRAIN EASEMENT PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 359/68-82 INDICATES A 10' WIDE CVWD WATER EASEMENT L� PER AMENDMENT NO. 2 TRACT NO. 29894-2 M.B. 369/68-82 0 INDICATES A 10' WIDE VERIZON EASEMENT 5 PER INSTRUMENT NO. 2005-0562133 O.R. RECORDED JULY 14, 2005 SHEET 1 OF 1 SHEETS / 10' WIDEQVA/�G� N �4•�B��A ; / � N / 2 i i L Jr 7Racr NO, 20804-2 CEL MERGER No. UNE Ali MONT No.; ROVED BY q" OF11A C TRANSFER F 2T. PARCEL 2 LOT J -• TRACT !\1t7. 32463 n113. 372/10-18 PARCEL No. 7842 * Exp. 12/31/06 J+ �qrF OF CA��EOQ- PREPARED BY ME OR UNDER MY DIRECTION: DEAN J. BOULDIN, P.L.S. 7842 DATE EXP. 12-31-06 l °S�o N5130�2� �R) TO ryJ\ \ 5,22- 0 s,22% 129•92 0 N2o2455•W g3� i v J ibgA ' Fsa too, tlk` F s I Y Ca, I pY E 4 6 ' U WV Hv f SY_ YYY V Lk Ey � 3 � � I r (n v O :' ? 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O -P� O CAU1 O) O (n A .A (D A V 1i M A 00 W M N O 0 V N a CD (D (D O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CD O O O O O 0101 O O (n 3 N (D M N Ut W ? 00 a] 00 4�, 00 00 N V A O A O W V N � N N N (DCD 7 C ' q� v 0 O O 0 o O 0 O O 0 O O 0 O O 0 o O 0 O O 0 O O 0 O O 0 O O 0 o O 0 o O 0 O O 0 O O (n cu Mi cn cD n W O 0 N O 0 N O-- 0 �� 0 0 (n W 0 N 0 (n W 0 A (O A o — W (n (n ? — W O 0 O d 151010 O O O O CIO O O 0 O 0 O 0 0 O 0 0 O CIE) 0 O 0 O 0 0 O 0 O CI I (n _ N (0 co V W — W — 0 O U1 0 N 0) N_ m 00 0N 0000 Co N O) U7 N (D N O (D W O o 0000"0000 CIO 0 U1 O U1 O cc O o O 0 O 0 O o O rn (D000 O 00 O 0 O 7 O V � V 0) V 0) V V V V V O) V V V V D) N V V CO N V (n V .A V A V A O CO O N 00 O " O N V (0 (D N 00 A D) O V Ul W 00 0) W V l� CD 0) O O O (o (D W (D 00 A N W (D V .P 00 � 4h. cn N 0) O " O (D O — W W W O O 00 0) 0 — M (n (D V V W N - 00 c0 V .A N (D 00 (D N N OD V (D MV7 O Ut 0 O O 0 0 0 0 0 0 (D o(D0000OOO(0 W 0o000O O O 00 N N M 00 V V 0 O 0 V U1 W O O O W O N O N 0o U) V O W m (0 6 N N V (n N N M O (n 00 W O N Oo O W 0 O� OD (0 W C n 0 A W 00 (n V V 00 W 00 W ? 100 M 10 V 1 01 V — —1 V A 1 0 V �1 v O Ul A W N Z VJ Z (n (A W m -I N Oo -I N O 0) -I N D X C>7 W W A Z W OD CP Co. N V mm m a (D -I N OD V N O O —1 N (D 66666 (D 0 O O O O O O O O O O _3 7 W O N N N N (O C CD qy V O O O O O O O O O O O N n ID CT (_n W O O O O O O O O O O O (n O O O O O (D 7 co W W POW W N S cn W cn co N Oo Oo Oo O O O O O O O 7 O v-4 v v v v � � -;h. A A 4�- O OD O O O O N� W V .lA 00 O O O (O cn W W O O OD (o N W O w W O Co (O 1 � A v CJI O D) M 1 cn O (D O O O O O O cn O O W co O O O O - 0 CO A (D cn (0 m (O O O O N O m v O O N W CO W O CJ7 W N M v CO A r D N O O V7 01 p K (A t, v 5 1 �... RESOLOTION AND OaWp..... , 21 10691 S, an election upon the question of formation of 3�3 a oroposed Coachella.Yalley Soil Conservation District,in'Rfver-' 4 aide 'ounty and -to choose the first board of directors was'duly S' -;e_u on Uovember 27, 1956i and 6. - WFEMOAS, the returns of said -lect•%on were duly.. canvass`e -. "r,'s.Board of -Supervisors, bctnr•'the Board of Supervisors of the county in which said; proposed district is situated, on De..:mbe 9' whereby it appears that a majority of all"of thc.voten! .' 104 cast wi:ro 1n favor of the 'forniation of said proposed district, an:: that the five candidates hereinafter named recelvec the hiehm 12` .st mrmher of votes for the office -of director; now, therefore, 13: ;�•; I r RESOLVED; OP.D-MED AND W-CLA3 by tn.; scare cf 14 ',. Suocrvisors of the County of hiversiae, State ofCalifornia. in - 16 re-ular+session assembled this loth day of December, 1[i70, as 16 ..follows:' 17,, 1. That the territory lyina within the boundaries 18, t.er,a n descrthcd is duly or"anizea as a moil conservation district 19 `. under thy, name of COAJHE LA VALLF?' SOtr.CONSTmvATTo!i i%TSTaIC^. 20'1 2. That Oeorrre Paul 'Amos, Stephen W. Bri,7,s, Jr., - 21, L,�on 0.-Kenneay,, Ben T. Lailin,:.Sr. and Russell .1'ummoncs'?hftv•. 22 '„ ']^�n [:1CetCd as"memborA oC the board of directors of, sait'-4latrie,t 23. That the boundaries of said 61strict are-tnos^ 24: attachw'i her.•to.and by tnia r4ferenoe merle a part hereo". 9.5 13E' T'C'FURTHER 'RPSOLVRD that ocrttfted copies of th!a 26' resolution and order bo !'Sled for record in the;rovrl.cc of the 27 , ,ounty Rebore:r, oC Hivoraire county and that oartirieu aopiea sled 28r be forwardoo to the Seurvtary'of State and the shier of the �ivlo' 29�, aton of soil Oonaevvation, ?Tss"1,1 30, 12/10/sb 31r; J, 32 OM MN�N".ft " - 2. Doguating at owl US joint 2. Z"Ulr2y ok IntorlsoutLem ve Row it car of T 25, 3. Banatherly a2 T 25, and T 4. Zostarly ale tinersof; the 5. Southerly al 4-1 71nenew ths. Range line:.ramuMS'bilitmew It Is, and R IA., thmemol to tw MN coviver of T As. a 131, tivioss he'll line of T 2 13a, 'to the. Sk career of said T & R run- Mundery Lift said point td1Mg:Ww 99-OMM of T 95 R 239; VANO 6• vmvterly along the joint rt 'l-'I joint Rivaraide-San 010CA; tkmtnty 130,�,'ury ',.! i,. to tlm 1:., - Irr c• r a ; It 6F; thence 7, kJortherly along t;no Range lino ritnni-.r: be' o,i T 85 and 7S to the SE corner of Sac,—' or, 1:l 1. 7s. T? 5,1; tt S. Viouter.1y Along the 5 line of Seotiiva :.3, ii., 15, 16. a cortor of said Section 18 thereof, v3iC lvml, rAj! 9. Nortbarly along the Neat line ol' Sections 13, 7 wid 5. fj '5.ne of T 63, R 4BI ther-ot 10. Wul.tcrly along the S line a T 641, A /J., to tim corj,e, 3, thereof I thence 11. Northerly Along the Range line rwing bet"oo;, lungeo 18 nnn `. Al.: Thinishipa 6Sj 55# and 4.5, to the SE corner of ff 4.;. a M *.txnj;: I ?. Weeterly Along the 5 line of T 0, R 3K, to VO Sit CnA7,01, rf Sever .tu. said T ?, R, thereof! 'hence. 23. ffo:,dberly Along the W line of Sllationa .7), AN PI .m,t It, w the !'r� of Section 8, said last mentioned T & R uAd ,,vin. %11 & it Jacinto .1ounWn State Farki thence L.. Westerly alone, the 3 line of Sections 8 wA 7, T 4r5, K 3F, being the + of Sun Jacinto An Wuntain State Park d Vn q live or sootioun ii ano n. T 45, V 29, to -Via SW Owner of said 5wation 11, said lm&t mentioned H; then" XorVWlY 8109 to W lim of GDOUOM U and 2, T AIS, R 23, Sestiona 3i! INI), lie 11and 2 T 351, R It and Soolione M, 26, 23, 34, 21 and 2, T , a mile w wa if oomw of MA ONUAwn A "Id last twootiamed -r * it be" the pobt of begimial of -tits dweription. Xseloung MOM-M,811 land vd, thin Vw. Imorpontod, bow4dries of tbe Cities of P&U SprMpp Gob"ons Indio ad O"413eI and Ateglor evoloding uietrt•Lmm the follwUl Im" domeribed ad Pairools I ad 2 bolowe 1. Me"ing At 1ho vw ""lor at asouen 30, T on, H X1 them 2. X~3y SUP4 the:M little at ftet"" joll to'.t" M3 Conn of @4' L J,,UcJ(qj V&Vot sold IAA Muedd t a Ai twAs 3. A to the 24 comer of sold - F jl to nr r,". rfr Co,:,..,�.-7 .TV LAt.l T;rlE co, No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COACHELLA VALLEY WATER DISTRICT Post office Box 1058 Coachella, California 92236 OOC N 200 1—298678 06/29/2001 08:00A Fss:NC Paps 1 of 20 Recorded to Official Records County of Riverside Gary L. Orso Assessor, County Clerk 6 Recorder 111111111111111111111111111111111111111111111111111111 M 5 U FLOE SIZE Dn PCOR NOCCA SMF MSC. PO l� A R L DOYZ LONG REFWD NWG E: M (Space above this line for Recorder's Use) 1 IRRIGATIONWATERSERVICE T \ SC AGREEMENT THIS AGREEMENT is made on this day of 2001, by and between the COACHELLA VALLEY WATER DISTRICT, a public agencyof the of California, with its headquarters at Coachella, California, hereinafter designated as " District" and NRI-CCPI, a Delaware Limited Liability Company, Post Office Box 1340, La Quinta, California 92253, hereinafter designated as " Country Club of the Desert:." WHEREAS, Country Club of the Desert .is developing a project of approximately 900 acres, which includes approximately 820 homes, one club house and one maintenance building located in portions of Section 9 and 10, Township 6 South, Range: 7 East, San Bernardino Meridian, in the City of La Quinta, California and described on Exhibit " A" and as shown on Exhibit " B" and " B-1" attached hereto and herein after referred to as " Project" ; and WHEREAS, said Project will include perimeter landscaped parkways and three (3) 18-hole golf courses with water features and amenities and will require irrigation water service for purposes of the parkways and golf course. Except as otherwise set forth herein, the term " irrigation water" is intended to refer to canal water from the Coachella Branch of the All American Canal; and Page 1 eng/ag=ts/ 0 1 /count ryc I ub WHEREAS, said Project lies within the District's existing irrigationservice area which was previously farmed and has now been developed; and WHEREAS, Country Club of the Desert requests to modify the existing delivery point 1599, as shown on Exhibit " B" attached hereto and by this reference incorporated herein, at Country Club of the Desert's expense with approval by District; and WHEREAS, Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119.65-1.1, 119,65-1.3, 119.65-1.6, 119.65-1.8, 119.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.3, 119.65 and 119.64 exist within the proposed project development and conflict with proposed improvements; and WHEREAS, Country Club of the Desert requests to abandon Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8 and 119.65-0.3-0.3. WHEREAS, Country Club of the Desert requests to relocate portions of Lateral Nos. 119.65-0.3-0.5 and 119.65-0.3 at Country Club of the Desert's expense with approval by District; and WHEREAS, District will require that Country Club of the Desert grant to District certain easements for ingress and egress on those portions of the Project as described in Paragraph 9. hereof; and WHEREAS, at present, no groundwater replenishment assessment exists which affects Country Club of the Desert; and WHEREAS, District has embarked upon a long-term water management plan that encourages the use of alternative sources of water, thus protecting valuable groundwater resources for domestic consumption. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Execute District's well Metering Agreement for each irrigation well within or supplying water to Country Club of the Desert. Page 2 en9/a9mnte/01/c0uatcYc1ub IIIIIIIIIIIlIIIiI III'IIIIIIIIIIIIIIIIIIIIIIIIIIII IN66/2299/7002 Be8W 2. Upon acceptance of the Delivery System by the District as hereafter described, the said Project shall be placed on the water availability roll. 3. Country Club of the Desert acknowledges that the said Project must be irrigated by a method that does not permit unreasonable use or waste of water. Only sprinkler or drip irrigation will be permitted, except for leaching and lake filling purposes. 4. District shall have the right, but not the obligation, to conduct a water audit of the said Project once every five (5) years beginning with the execution of this Agreement. The District shall give the Country Club of the Desert 30-day prior written notice of each audit and an invitation to participate. 5. All costs incurred by the District in connection with the audit, including labor costs, shall be at Country Club of the Desert's expense. District shall invoice Country Club of the Desert for the costs incurred herein. Country Club of the Desert shall make payment to District within thirty (30) days of receipt of the billing therefore from District. Payments not received within thirty (30) days of receipt of the billing shall bear interest at the rate of ten percent (10%) per annum from thirty (30) days after receipt of the billing from District until paid in full. 6. As a condition of continued water service, the recommendations, if any, resulting from the water audit must be implemented unless the District's General Manager -Chief Engineer, in his discretion, determines otherwise. Country Club of the Desert hereby agrees to undertake the recommendations set forth in the water audit within thirty (30) days of receipt of the audit and shall diligently and continuously complete the recommendations unless Country Club of the Desert within 30 days of the receipt thereof, requests, in writing, to be relieved from the obligation to undertake one or more of the recommendations set forth in the water audit. within a reasonable time after receipt of the notice from Country club of the Desert, the General Manager -Chief Engineer of the District will notify Country Page 3 eug,agmnte,Or,countryclub 1111111111111111111111111111111111111111111111111111111 9620014 Of 26aBOfl Club of the Desert, in writing, if Country Club of the Desert shall be relieved from the obligations to undertake the recommendations. In the event the District's General Manager -Chief Engineer determines that one or more of the recommendations must be undertaken, Country Club of the Desert shall begin within 30 days of receipt of the District notice and complete the recommendations within the time frame set in the notice from the District's General Manager -Chief Engineer. 7. Country Club of the Desert shall provide groundwater protection from nitrates and pesticides leaching into the groundwater by employing the use: of Best Management Practices (BMPs) as established by the University of California Turf Grass Research, which are attached hereto on Exhibit " C" and by this reference incorporated herein. The District reserves the right to substitute or modify the attached Exhibit " C" within sixty (60) days prior written notice to Country Club of the Desert. An evaluation of the said Project's BMPs may occur during the water audit. All costs of the evaluation shall be at the expense of the Country Club of the Desert. 8. Country Club of the Desert acknowledges and agrees that the Irrigation Water service provided by District is interruptible in nature and Country Club of the Desert will maintain an alternate water supply in " ready" status. Country Club of the Desert hereby waives and releases District from any claim, loss, damage or action, that each may have against the District for failure to deliver irrigation Water, including, but not limited to, damages, loss of business, loss of profit or inconvenience. 9. Country Club of the Desert shall employ, at its sole cost and expense, a qualified professional engineer to plan, design and prepare detailed construction plans and specifications in accordance with District design criteria and standards for the Delivery System to the said Project. All planning, design work and plans for the Delivery System shall be subject to review and approval by District prior to the beginning of any construction of the Delivery System. The entire cost of the (Page 4 II 1 II{ en9/a9mnte/Ol/eountryclub I IIIIII iillli (IIII IIII IIINI� IIIII 81II III IIIII IIII IIII lib 'c0V 220oD BB�9BR design plans and construction to extend Irrigation Water service to the said Project shall be paid by country Club of the Desert. Country Club of the Desert shall design and construct the following improvements for the Delivery System: A. Abandon lateral 120.3 along Jefferson Street beginning at Avenue 52 (canal) and extending %-mile south of Avenue 53 (Avenue 53.5). B. Abandon lateral 120.0 along Jefferson 0.25 (1/4-mile east of Jefferson) beginning %-mile south of Avenue 52 (Avenue 52.5) and extending %-mile south of Avenue 53 (Avenue 53.5). C. Abandon lateral 120.OA along Jefferson 0.25 (1/4-mile east of Jefferson) beginning %-mile south of Avenue 52 (Avenue 52.5)and extending south to Avenue 53. D. Abandon lateral 119.7 along Jefferson 0.5 (1/2-mile east: of Jefferson) beginning at Avenue 52 and extending 3A-mile south of Avenue 53 (Avenue 53.5). E. Abandon lateral 119.65-0.8 along Jefferson 0.75 (3/4-mile east of Jefferson) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). F. Abandon lateral 119.65-1.1 along Madison street beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). G. Abandon lateral 119.65-1.3 along Madison 0.25 (1/4-mile east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). H. Abandon lateral 119.65-1.6 along Madison 0.5 (1/2-mile; east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). I. Abandon lateral 119.65-1.8 along Madison 0.75 (3/4-mile east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). Page 5 11 II 11 II 11 2 en9/a9te/Ol/countriclub I I�I�Ih III�I IIII��'�III�IIIII'1�II�'I III'�IIl III IIII Fl6�159e $B�B mnBOP J. Abandon lateral 119.65-0.3-0.3 along Madison beginning at Avenue 52 and extending %-mile south (Avenue 52.5). K. Install new 18-inch diameter polyvinyl chloride (PVC) pipe for lateral 119.65-0.3-0.5 along Madison 0.25 (1/4-mile east of Madison) beginning at Avenue 52 and extending south to Avenue 53. L. Replace existing 20-inch diameter and 16-inch diameter concrete pipe with 24-inch diameter PVC pipe for lateral 119.65-0.3 along Avenue 52 beginning X-mile east of Jefferson (Jefferson 0.75) and extending east W-mile beyond Madison (Madison 0.25). M. Abandon lateral 119.65 along Jefferson 0.75 (3/4-mile east of Jefferson) between Avenue 52 and Avenue 53 and lateral 119.65 along Avenue 53 beginning X-mile east of Jefferson (Jefferson 0.75) and extending east %-mile beyond Madison (Madison 0.25) upon completion of items K and L above. N. Modify delivery point 1599 by abandoning the vertical LC -inch diameter baffle meter and replacing it with a 24-inch diameter line meter (meter 9048) and all related appurtenances. O. In addition to modifying the existing meter, Country Club of the Desert agrees to pay all costs for district forces to furnish and install telemetry equipment at said delivery point 1599 for the purpose of conveying canal water to Country Club of the Desert. owner shall pay the enti.re cost of the plans and construction to extend irrigation water service to the property. The estimated cost for District forces to install the telemetry equipment is $25,000. This cost is the District's best estimate of the cost including indirect costs and overhead of the proposed work. However, Country Club of the Desert will be responsible for payment of the actual cost of the work. If the cost exceeds the deposit, Country Club of the Desert will be billed and if it is less than the deposit, the balance will be refunded to Country Club of the Desert. Page 6 eng/agmnt s/01/count ryclub I IIIIII 1011111111111111111111111111111111111111111111 �III' II I1 III IIIIIII IIIIi IIf II III I1III IIII ICI 06 2209/2001 Be son 6 of 26 P. Protect that portion of lateral 119.64 in place along Avenue 52. 10. Country Club of the Desert shall at its sole cost and expense provide the District with an easement for the location of the new portion of the Delivery System that crosses the said property as described in paragraphs 9.K., 9.L., 9.N. and 9.0. 11. Country Club of the Desert shall at its sole cost and expense vacate the existing easement for the portion of the existing irrigation laterals that: will be abandoned as described in Paragraph 9. Country Club of the Desert shall provide the District with the required documentation for abandoning easements. said abandoned easements shall be in recordable form and shall be executed by or on behalf of Country Club of the Desert. 12. Country Club of the Desert agrees that no improvements may be constructed within the Bureau of Reclamation easements without written consent by the District. This includes, but is not limited to, street, curb, gutter, sidewalk, landscaping, buildings, walls and other permanent structures. More specifically, Country Club of the Desert agrees to obtain the permits to construct over irrigation lateral 119.64 and that portion of irrigation lateral 119.65 between Madison 0.25 (1/4-mile east of Madison) and Monroe Street along Avenue 53. 13. Country Club of the Desert hereby acknowledges and agrees that any portion of the irrigation water distribution system, installed by or on behalf of District, within the Bureau of Reclamation's right-of-way is the property of District, notwithstanding the funds necessary to construct the irrigation water system came from Country Club of the Desert. Country Club of the Desert shall, upon receipt of a notice, execute any further instruments as may be necessary to indicate District's ownership of the irrigation water distribution system installed by or on behalf of District. This includes but is not limited to a receipt of declaration by Country Club of the Desert or Country Club of the Desert's contractor who furnished materials in the construction of the irrigation water distribution system have been Page 7 en4/agmnts/O1/count ryclub IIIIII IIIiiI lilllllllllllllllllll lllllllllll III 86 299/P 0�1828 GOR paid in full and Country Club of the Desert shall deliver to District a bill of sale which conveys title of the irrigation water distribution system to District. 14. Upon receipt of notice of completion of construction of the Delivery System, the District shall inspect same; any variation from the District's standards shall be called Country Club of the Desert's attention and shall be remedied by Country Club of the Desert in accordance with the District's requirements. When the Delivery System is reasonably determined to meet District standards and when a bill of sale for same in acceptable form has been tendered to the District by Country Club of the Desert, the District shall accept same for purposes of ownership, operation and maintenance, provided, however, that charges for the cost of operating, maintaining, repairing and replacing the Delivery System may, in the future, be added to charges for water service to the said Project, as part of a District -wide policy. 15. Country Club of the Desert hereby grants a perpetual nonexclusive easement and right-of-way to construct, enlarge, reconstruct, remove and replace, operate, inspect, test, maintain, repair, read meters or other measuring devices, improve and relocate irrigation water service facilities, including, but not limited to, laterals, valves, meters and appurtenant equipment for the transmission of irrigation water, in, on, over, under, upon, along, through and across said Project, together with right of access to and from (1) said easement for the purpose of exercising the rights granted in said easement; and (2) over and across said Project for the purpose of monitoring the use of the irrigation water and other purposes reasonably related thereto. In order to exercise the rights listed herein, District and its officers, employees, agents contractors and subcontractors may utilize vehicles and equipment necessary to accomplish the rights set forth herein. 16. Prior to receiving Irrigation Water service, Country Club of the Desert shall, at its own cost and expense, apply for and obtain all necessary consents, easements, approvals, permits, authority, licenses or entitlements (• Permits" ) from Page 8I en9/a4^mte/01/count rycluh IIIIII IIIIII IIII�IIIIIII�iIIIIIII III'I IIlilil1011lfll Bf 298 09 087GOA all appropriate governmental authorities including, but not limited to, the Bureau of Reclamation, required to allow District to deliver Irrigation Water to the said Project, including, but not limited to, the construction of the Delivery System. District shall have no obligation to provide Irrigation Water service to the said Project until District receives the easements and necessary authorizations issued by said governmental authorities. Country Club of the Desert shall comply with and conform to all laws and regulations, including, but not limited to, any and all requirements and orders of all federal, state and local boards or authorities, present and future, in any way relating to the use of Irrigation Water, and country Club of the Desert shall hold District free and harmless from any loss, damage or liability arising therefrom or in connection therewith. 17. In the event of a shortage of available Irrigation Water, except as otherwise required by law, regulation or court order, the following Irrigation Water uses shall have priority to use Irrigation Water over the said Project: A. Agricultural uses in existence as of the date of this Agreement. B. Agricultural uses converted to non-agricultural uses prior to the date of this Agreement; and C. Non-agricultural uses in existence prior to the date of this Agreement. During such periods of shortage, Irrigation water for said Project may be supplied by non -District owned wells. 1B. In order for District to monitor groundwater levels, Country Club of the Desert or assigns, agree to install a metering device and appurtenances thereto (collectively " meter" ) in accordance with District specifications at the expense of Country Club of the Desert, so that District may read the meter on each well to be used as a supplemental supply source at periodic intervals. Upon the written request of Country Club of the Desert or his authorized representative, District will make available meter installation specifications. Page 9 en4/a9^mte/01/count ryclub I Iliilllillll�IIIIIIIaIllllllill�I�IIIlI III IIIIIlOIIIIII 862AVM:868 Mn 19. District shall conduct an inspection of the meter. In the event that District determines that the meter installation has not been completed according to District specifications, District shall notify Country Club of the Desert: of its disapproval. District shall then have the right to direct that the discharge meter assembly be reconstructed at the expense of Country Club of the Desert, or to direct that other appropriate action be taken. After completion of the meter installation, District will, at District's cost and expense, obtain a hydraulic pump test on the well for determining any meter correction factors. 20. Upon District's approval of the Meter, Country Club of the Desert will own, operate, maintain and replace the meter at expense of Country Club of the Desert. District may read the meter at periodic intervals and make such reading available to country Club of the Desert if so requested. Country Club of the Desert agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. Country Club of the Desert, as necessary, shall grant or obtain any releases that may be required of District in order to obtain said data from the power utility. 21. District, its officers, employees, and agents, shall have an irrevocable license to use property owned or controlled by Country Club of the Desert for access to the Delivery system and to each well and accompanying facilities, equipment and appurtenances for the purpose of performing the activities set forth in this Agreement. District agrees to indemnify, defend and hold harmless Country Club of the Desert from any cost incurred or suffered by Country Club of the Desert as a result of damage or injury to persons or property as a result of District exercising its right of ingress and egress, except for damage or injury caused by the negligence or intentional acts of Country Club of the Desert. Page 10 en9/agmnte/01/count ryclub I 1111111111111111111111111111111111111111111111111111I e62e9 1661962000R 22. Invoicing and payment for delivery of Irrigation Water shall be as follows: A. District shall invoice Country Club of the Desert periodically for the delivery of Irrigation Water to Country Club of the Desert. The invoice shall include (1) the amount of Irrigation Water delivered or requested by Country Club of the Desert, (2) the cost of the irrigation Water delivered or to be delivered to Country Club of the Desert and (3) the amount to be paid by Country Club of the Desert to District. B. Country Club of the Desert shall make payment to District within thirty(30) days of receipt of the billing therefore from District. Payments not received within thirty (30) days of receipt of the billing shall bear interest at the rate of ten percent (10%) per annum from thirty (30} days after receipt of the billing from District until paid in full. 23. This agreement is subject to Bureau of Reclamation rules and regulations. 24. Country Club of the Desert hereby acknowledges that the said Project is not protected from stormwater flows and Country Club of the Desert hereby waives and releases District from any claim, loss, damage or action it may have against the District, including, but not limited to, loss of business, loss of profit or inconvenience. 25. in the event Country Club of the Desert transfers or leases said Project, Country Club of the Desert hereby agrees to deliver a copy of this Agreement to the transferees or lessees on or before the transfer of the said Project. Concurrently with the delivery of the Agreement to the transferees or lessees, Country Club of the Desert shall obtain a written acknowledgment executed by the. transferees or lessees indicating that (a) the transferees or lessees have received a copy of the Agreement; and (b) the transferees or lessees haveor shall have, prior to the date said Project is transferred or leased to the transferees or Page 11 98678 en4/agmnte/01/comtryclub I 111111111111111111111111111111111111111111111111111IN 0620g I11 f 2080H 1 lessees, acknowledge the terms and provisions contained in the Agreement. Country Club of the Desert shall deliver the executed acknowledgment to District within five (5) business days of receipt. 26. District shall not be liable for the replacement of surface improvements that District may be required to remove in the future to gain access to the Delivery System. country club of the Desert waives the right of claim, loss, damage or action against District and hereby releases District from any matter arising out of or resulting from removal or destruction of surface improvements or any action of District exercising its rights hereunder and Country Club of the Desert hereby waives all claims in respect thereof against District_ Country Club of the. Desert hereby agrees to indemnify and hold harmless District against and pay in full all loss, damage or expense that District may sustain, incur, become liable for arising out of or in connection with the rights provided for hereunder. 27. Country Club of the Desert shall furnish to District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $100,000, as security for the purpose of guaranteeing the completion of the improvements to the irrigation delivery system as described in Paragraphs 9.N. and 9.0. Said security shall provide that District has the absolute right five days after the mailing of a written notification to Country Club of the Desert by certified mail at Country Club of the Desert's address herein to draw all or a portion of the funds represented by the security as may be necessary to complete construction of irrigation delivery system, including administrative and all other project costs. Said security, less draws, if any, will be returned to Country Club of the Desert upon acceptance of the irrigation delivery system as described in Paragraphs 9.N. and 9.0. by District. Page 12 ea9/a9mnte/Ol/countryclub 1111111111111111111111111111111111111111111111111111111 els 299/2961 GO 099fi 28. This agreement and the covenants and conditions created hereby shall inure to the benefit of, be binding upon, and run with the said Project and shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto, and all other persons acquiring any part of the said Project, whether or not any reference to this Agreement is contained in the instrument by which such person acquires an interest in the said Project. 29. Country Club of the Desert hereby waives any immunity that it may have and hereby agrees to submit to the jurisdiction of the courts of the State of California in connection with any dispute arising out of this Agreement or in connection with the breach thereof. 30. In the event of any controversy, claim or dispute relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 31. Each party agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions of this Agreement. 32. In the event that any provisions of this agreement shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement. 33. The provisions of this Agreement shall be constructed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of language in question. 34. District will provide Irrigation Water service to the said Project in accordance with District's Rules and Regulations Governing Water Service. 35. Canal water shall be used as the primary source of irrigation within Country Club of the Desert, when it is available. on an annual basis, at. least 85 percent (85%) of all irrigation water applied shall be canal water. Page 13 1 1 1 eng,a9�+t s,ul,countryclub � 111111111111111111 IN 1111111111111111111111111 IN r/25139f 26@@A This agreement is binding on the assigns of District and on the assi(g11s, successors and representatives of. Country Club of the Desert. PLEASE ATTACH APPROPRIATE NOTORIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTORIAL COACHELLA VALLEY WATER DISTRICT By: Levy General Manager -Chief Eng' eer Dated: V 16/O7 _ NRI-CCPI, a Delaware Limited Liability Company By: La Quinta Land Partners, LLC, a California Limited Liability Company, Manager � �Y'L7(.171i�i Nancy J. o`nson Dated: �l.�i � i L, t 2- cc) f Page 14 CW:9b/en9/a9mnte/01/countryc1ub 1111111111111111111111111111111111111111111111111111111 06/229/i 011 N.008 State of California ) ) ss County of Riverside ) On May 16, 2001, before me, Cynthia R. Parks, Notary Public, personally appeared Nancy J. Aaronson, proved 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. Witness my hand and official seal. (seal) CYNTHIAOmmisslo R. PARKS Cammlabrl A 1292611 � Notary Public—Calitomla Rtvetside County t My Comm.,Expires reb26,•;:. NoWry Public in and for said County and State ###################################################### Imgaunn Water Service Agreement NRI-CCPI, a Delaware limited liability company La Quinta Land Partners, LLC, a California limited liability company May 16, 2001 11 11111111111111111111111111111111111 lil 11111111111 2�15of OV29/2691 G29 e: &on State of California ) ) ss County of Riverside ) On May 16, 2001, before me, Cynthia R. Parks, Notary Public, personally appeared Tom Levy, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. (seal) ,ZV, Witness my hand and official seal. N tary Public in and for said County and State ############################################################################ Irrigation Water Service Agreement Country Club of the Desert Nancy 1 Aamnson IIIIIIIIIIIIIIIIIIIIIIIIIBIIIIIIIIIIIIIIIIIIIIIIIIIIIII 86, ; aof 20 aA EXHIBIT "A" THOSE PORTIONS OF SECTIONS 9 AND 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTION 9, TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST; EXCEPTING THEREFROM THAT PORTION OF SECTION 9 LYING WESTERLY OF THE EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET; ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 9 LYING NORTHWESTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE COACHELLA CANAL. 2 r 7fft 26662 MARCH 31, 2004 * OF CALIF 2001-298678 ee 1 II��I�ItiII��IIIIIII��I'I1III IIII� II��l�1I�1��I��1� I�r� reei17 aeeo ea a ea It to EXHIBITS' COUNTY CLUB OF THE DESERT SKETCH TO ACCOWANY LEQAL DESCYiPIION (E040T A) ATTACH® H64E M AAD WDE A PART H DW-OF JEFFERSON STREET N 02'10'44" W 3806.77' N 89'54'51" E 51.90' -- R-527.46 L-381.61 A Ton-199.59 ti 0 Delta-41'27'09" 9 ry, cy rr FG Sr�y C ,� F9 �ss N ' Lo .7 W nZ Z a> WJ"j NQ Q L ' m m Z IMADISOINSTREET (UN -IMPROVED) (V W 5E W iv > N 00-06'27" E 2614.76' O a W Z I A N W 'm w m rn N ' m SCALE: T • %OW MON_ ROE STREET N 00'20 2� 633.81 111111o1111111111111111111111111111Ili 1111111111111-2981-2989N>80le.fam00R m X W IIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIII11llIIIIiIIIIINIIt �209 ie f 20GOO 7 z K O V u U S W Z u u On M� 0 tw da a-P-- O �r YY �mco U aS¢C G L NV, Mvi �LuLu �a4 L� L_ EXHIBIT " C^ Best Management Practices 1. Apply frequent light rates of N. 2. Use slow -release fertilizers. 3. Avoid fertilizing during periods when turf grass is naturally slow growing, dormant or stressed. 4. Avoid fertilizing when rain is forecasted. S. Conservatively irrigate greenbelt areas to save water and reduce leacing. Limit irrigation to the amount necessary to replace moisture used by the plant. Irrigate according to ET and soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have irrigation application rate exceed soil infiltration rate by using multiple, short run times. 6. Use less energy demanding plants where possible and reduce the scope of the heavily managed" areas. 7. Reduce annual N application rates as much as possible. 8. Minimize the reduction of growth of base turf areas during preparations of overseeding. 9. Reduce the amount of area within greenbelt areas that is overseeded. 10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may be susceptible to leaching. The leachate should be properly disposed of through irrigation via infiltration through a proper soil profile. 11. Develop collection ponds to collect surface runoff and if necessary, install impervious liners to prevent groundwater leaching. 12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer strips. 13. As a condition of service, the recommendations of Best Management Practices must be implemented unless the general manager - chief engineer finds it would be a hardship. 1{1 I I 2661-2980 I �I�'III'�I��II�I"I��II�'II'Il�l'II"IIII"t'i��I�I'I e6/29/2e of 2'� BP Page 17 CW:9b/en9/agmnt5/01/countryc1ub RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Regina R. Ormond, Esq. Nationwide Realty Investors, Ltd. 375 North Front Street, Suite 200 Columbus, Ohio 43215 DOC " zoom-maesel 06/29/2001 08:00R Fee:1.62.00 Page I of 53 Recorded in Official Records County of Riverside Cary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 �a2 (Space Above This line For Recorder's Use) RECIPROCAL EASEMENT AGREEMENT This Reciprocal Easement Agreement ("Agreement") is entered into by and between NRI-CCP I, LLC, a Delaware limited liability company ("NRI-CCP"), and NRI-LQLP Golf Properties, LLC, a Delaware limited liability company ("Golf Properties"), with reference to the following facts: A. NRI-CCP owns certain real property in the County of Riverside, State of California (the "Residential Property") and Golf Properties owns certain other real property adjacent to the Residential Property (the "Golf Property," and together with the Residential Property the "Property") located in the County of Riverside, State of California. The Property is described on Exhibit "A" attached to this Agreement, and incorporated herein by this reference. B. NRI-CCP and Golf Properties intend to create, establish and reserve easements appurtenant to, and in favor of, the Property for access, ingress, egress, construction, operation, repair and maintenance of golf cart paths; underground irrigation, sewer and water pipelines; utilities; and drainage facilities; and impose mutually beneficial restrictions for the benefit of the Property. C. NRI-CCP and Golf Properties hereby grant and reserve the following easements and establish certain covenants with respect to the Property. ARTICLE I 1. Definitions. 1.1 Agreement. "Agreement" means this Reciprocal Easement Agreement, as it may be amended from time to time as provided herein. REA-1 67991/12396 O IIIIiI 111 li 111 l llll llillll II Illl 11111111111111 IN 06 209 2 f f 8581 3 1.2 Beneficiary. "Beneficiary" means a Mortgagee under a Mortgage or a Beneficiary under a Deed of Trust, as the case may be, and the successors and assignees of such Mortgagee or Beneficiary. 1.3 Improvements. "Improvements" mean the water, sewer and irrigation pipelines, drainage facilities, golf cart paths, electrical lines, cable television lines and other utilities constructed or to be constructed upon or beneath the Property. "Golf Improvements" mean the Improvements constructed or to be constructed on or beneath the Golf Property and on or beneath the easement areas located on the Residential Property and granted to Golf Properties. "Residential Improvements" mean the Improvements to be constructed or to be constructed on or beneath the Residential Property and on or beneath the easement areas located on the Golf Property granted to NRI-CCP. 1.4 Mortgage. "Mortgage" means any recorded mortgage or deed of trust or other conveyance of a Parcel or other portion of the Property to secure the performance of an obligation, which conveyance will be reconveyed upon the completion of such performance. The term "Deed of Trust" when used shall be synonymous with the term "Mortgage." 1.5 Mortgagee. "Mortgagee" means a person to whom a Mortgage is made and shall include the Beneficiary of a Deed of Trust. The term `Beneficiary" shall be synonymous with the term "Mortgagee." 1.6 Owner. "Owner" means NRI-CCP and Golf Properties and any other Person having or acquiring a fee title ownership interest in the Property, or any portion thereof, or their successors in interest, as shown by the Official Records of the Riverside County Recorder. Notwithstanding anything to the contrary in this Section 1.6, the term Owner shall not include any Person who holds fee title ownership of one or more platted residential lots and no other portion of the Property. Such reference shall, however, include any Person designated in writing by any Owner to act on behalf of such Owner in the exercise of the powers granted to such Owner under this Agreement and the Country Club of the Desert Owners Association, a California nonprofit mutual benefit corporation, to the extent of its ownership interest in the Property. 1.7 Parcel. "Parcel" means any separate lot or parcel within the Property shown on any recorded final map, parcel map, lot line adjustment or other subdivision approval. 1.8 Person or Persons. "Person" means and includes individuals, partnerships, firms, associations, joint ventures, corporations or any other legal entities and trustees, heirs, executors, administrators, agents, employees and other personal representatives. Property. 1.9 Property. "Property" means the Golf Property and the Residential ARTICLE II RrA-1 2 67991112396 2. Construction. 2.1 Improvements. Golf Properties shall construct and install the Golf Improvements in accordance with plans and specifications approved by the City of La Quinta, or other government agency with jurisdiction over the Property. Golf Properties shall provide NRI- CCP written notice of commencement of construction of the Golf Improvements no less than ten (10) days prior to actual commencement thereof so that NRI-CCP may post such notices of nonresponsibility as it may deem appropriate. NRI-CCP shall construct and install the Residential Improvements in accordance with plans and specifications approved by the City of La Quinta, or other government agency with jurisdiction over the Property. NRI-CCP shall provide Golf Properties written notice of commencement of construction of the Residential Improvements no less than ten (10) days prior to actual commencement thereof so that Golf Properties may post such notices of nonresponsibility as it may deem appropriate. No Owner shall request any change in the approved plans and specifications without the prior written consent of all Owners. 2.2 Indemnity. Golf Properties shall indemnify, defend and hold harmless NRI-CCP and the Residential Property from any loss, claim or damage (including without limitation personal injury, property damage, mechanics' liens and claims of lien, reasonable attorneys' fees and costs and expenses of litigation) arising out of or resulting from the construction, installation, use, maintenance or repair of the Golf Improvements, except to the extent caused by the negligence or willful misconduct of NRI-CCP and its agents, employees and invitees. NRI-CCP shall indemnify, defend and hold harmless Golf Properties and the Golf Property from any loss, claim or damage (including without limitation, personal injury, property damage, mechanics' liens and claims of lien, reasonable attorneys' fees and costs and expenses of litigation) arising out of, or resulting from the construction, installation, use, maintenance or repair of the Residential Improvements, except to the extent caused by the negligence or willful misconduct of Golf Properties and its agents, employees and invitees. 2.3 Owner Insurance. Each Owner shall obtain and maintain, or cause to be obtained and maintained by the primary occupant of each such Owner's Parcel ("Primary Occupant"), at all times, with respect to its respective Parcel, public liability insurance insuring against claims on account of death, bodily injury or property damage that may arise from or be occasioned by the condition, use or occupancy of such Parcel by tenants, customers, invitees, licensees and employees of such Owner. Said insurance shall be obtained and maintained in a reputable insurance company or companies qualified to do business in the State of California with limits for bodily injury or death and property damage not less than $5,000,000 combined single limit. 2.4 Construction Insurance. Each Owner shall obtain, or cause to be obtained, and thereafter maintain so long as construction of the Improvements continues, at least the following minimum insurance coverages: IIi�IINll6iINIi IIIfll�lliIIIIIII�I1I�{INIIII INB6?AA3 of 58100R REA-1 3 67991/12396 (i) Workers' compensation and employer's liability insurance: (a) Workers' compensation insurance as required by any applicable law or regulation. (b) Employer's liability insurance in the amount of $1,000,000 each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. (ii) Commercial General Liability insurance covering all operations by or on behalf of the contractor, including without limitation premises and operations; products and completed operations; contractual liability insuring the indemnity obligations assumed by the contractor under the contract documents; broad form property damage (including completed operations); explosion, collapse and underground hazards; and personal injury liability. Limits of such coverage shall be not less than $1,000,000 each occurrence (for bodily injury and property damage); $1,000,000 for personal injury liability; $2,000,000 aggregate for products and completed operations (which shall be maintained for a three (3) year period following final completion of the work); and $2,000,000 general aggregate applying separately to this construction project. (iii) Automobile liability insurance, including coverage for owned, hired, and non -owned automobiles, with limits of liability not less than $1,000,000 combined single limit. The contractor shall require each subcontractor to include in its liability insurance policies coverage for automobile contractual liability. (iv) Umbrella/excess liability insurance in the amount of $5,000,000. If there is no per project aggregate under the commercial general liability policy, the limit shall be $10,000,000. Each Owner shall be named as additional insured and such insurance shall provide that the same shall not be canceled, reduced in an amount of coverage, nor allowed to expire, without at least thirty (30) days' prior written notice to each additional insured. 2.5 Cooperation. In connection with the installation, maintenance and/or repair of the Improvements, Golf Properties agrees to coordinate with NRI-CCP as to the scope and timing thereof in order to minimize interference with NRI-CCP's development, use, maintenance and operation of the Residential Property, and NRI-CCP agrees to reasonably coordinate its activities so as not to unreasonably interfere with the progress and timing; of Golf Properties' development, use, maintenance, and operation of the Golf Property. ARTICLE III 3. Easements. 1111111111111111111111111111111111111111111111111111111111 66/2V2 01 0: NOR REA-1 4 67991112396 3.1 Construction Easements. NRI-CCP grants to Golf Properties nonexclusive temporary construction easements for pedestrian and vehicular access, ingress and egress in, to and over those portions of the Residential Property necessary to enable Golf Properties to construct and install the Golf Improvements. Golf Properties grants to NRI-CCP nonexclusive temporary construction easements for pedestrian and vehicular access, ingress and egress in, to and over those portions of the Golf Property necessary to enable NRI-CCP to construct and install the Residential Improvements. The use of the access easements granted herein shall be in connection with the construction, maintenance, repair or replacement of the Improvements ("Work"). The easements may only be used for a term commencing on the: date of the commencement of any Work and ending on the date when the Work is completed. Once commenced, the Work shall be diligently and continuously pursued in a workmanlike manner until completion. When the Work is completed the servient estate shall be restored by the Party performing the Work, at its sole cost and expense, to as good a condition as existing prior to the commencement of the Work. Upon the request of either Golf Properties or NRI-CCP made after the Work is completed, the other party will execute such documents as may be reasonably required to terminate the temporary construction easements. 3.2 Drainage Easement. Golf Properties does hereby grant to NRI-CCP, for itself and its successors or assigns, an easement over the Golf Property for drainage of over -land storm water and run-off water, and for construction, repair, operation and maintenance of storm and waste water drainage lines and facilities ("Facilities") under, over, through and across the Golf Property. The specific location of such easement (the "Drainage Easement") is more particularly described and depicted on Exhibit "C" attached hereto. This grant is made on the following terms and conditions: a. Each Owner agrees that it shall be responsible for any and all cost and expense in connection with the installation, maintenance and/or repair of the Facilities on their Parcels. Each Owner shall indemnify and hold the other Owners harmless from and against any and all liens, encumbrances, charges, losses, claims, damages and any other obligations (including, without limitation, any materialmen's or mechanics' liens or claims) that arise directly or indirectly under or in connection with the installation, maintenance and/or repair of the Facilities for which it is obligated , and all costs and expenses, including, without limitation, attorneys' fees and costs of suit with respect thereto. b. Each Owner shall have the right to relocate the Facilities, or portions thereof located on its Parcels, at its sole cost and expense, provided such relocation does not unreasonably interfere with any other Owner's development, use, maintenance, or repair of their Parcels. 3.3 Water, Sewer, Irrigation and Utilities Easement. NRI-CCP grants to Golf Properties an easement for the installation, operation, maintenance, repair, removal and I IIIIII IIIIII IIIII MH eest INI11111111111111111111111111111111 e6 5 of 53 REA-1 5 67991/12396 replacement of water, sewer and irrigation pipe lines, and for utilities and appurtenant facilities, including but not limited to pipes, poles, wires, cables, conduits and other instrumentalities necessary or needed in and about the transmission, conduction and distribution of water, sewer, electricity, gas, telephone, cable television, data transmission and communications systems, upon, over, through and across the portion of the Residential Property depicted on the map attached hereto as Exhibit "D". 3.4 Grading Easement, Golf Properties grants to NRI-CCP an easement for grading the Residential Property upon, over, through and across a ten feet wide strip of the Golf Property running adjacent to and along the entire common boundary of the Golf Property with the Residential Property. 3.5 Paths. NRI-CCP grants to Golf Properties an easement for the installation, construction, use, operation, maintenance, repair, removal, and replacement of pedestrian and vehicular paths, upon, over, through, and across the portion of the Residential Property depicted as "access, irrigation and utility easement" on the maps attached hereto as Exhibit "D". 3.6 Platted Easement. NRI-CCP grants to Golf Properties the easements upon, over, through and across the Residential Property described and depicted on Tract Map No. 29894-1, recorded in Book 305 of Maps, pages 14 through 22 inclusive, Records of Riverside County, California, and Golf Properties grants to NRI-CCP, the easements upon, over, through and across the Golf Property described and depicted on said Tract Map in each case for the purposes stated therein. ARTICLE IV 4. Default. 4.1 Default. A party shall be deemed to be in default of this Agreement only upon the expiration of twenty (20) days from receipt of written notice from any other party specifying the particulars in which such party has failed to perform the obligations of this Agreement unless such party, prior to the expiration of said twenty (20) day period, has rectified the particulars specified in said notice. However, such party shall not be deemed to be in default if such failure (except the failure to pay money) cannot be rectified within said twenty (20) day period and such party is using all reasonable and diligent efforts to rectify the particulars specified in the notice of default. 4.2 Non -Waiver. The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, covenants, conditions or agreements contained herein by the same or any other party hereto. (IIII►IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIII III)IIII -298681 B62�600f03 on REA-1 6 67991/12396 II'�I�IIIII'��III��I'IIII�II'I�IIIrIIIIII��Illlllell'�I es z281-2986 0/2fisl 5e:eraa 4.3 General Remedies. After a default the non -defaulting Owner may enter upon the property of the defaulting Owner and rectify the particulars specified in the notice of default referred to in Section 4.1. The cost of the rectification shall be paid by the defaulting Owner within ten (10) days after delivery of an invoice for the costs reasonably incurred by the non -defaulting Owner. In addition to the remedies set forth in this Agreement, each party shall have all other remedies provided by law to the same extent as if fully set forth herein word for word. No remedy herein conferred upon, or reserved to any party, shall exclude any other remedy herein or by law provided, but each shall be cumulative. ARTICLE V 5. General Provisions. 5.1 Rights of Mortgagees. Notwithstanding any other provision of this Agreement, no amendment or violation of this Agreement shall operate to defeat or render invalid the rights of the Beneficiary under any Mortgage upon any Parcel in the Property [Wade in good faith and for value prior to the date of such amendment or violation, provided that, after the foreclosure of any such Mortgage, such Parcel shall remain subject to this Agreement, as amended; provided that Mortgagee shall not be responsible for curing the default of the prior Owner. 5.2 Amendment. This Agreement may be amended only by written instrument executed by all Owners of the Property and any such amendment shall be effective when such written instrument is recorded. At the request of a Beneficiary or either party hereto, the parties hereto agree to amend this Agreement as reasonably required to provide legal descriptions of the easement areas not set forth on a Tract Map of the Property. 5.3 Effective Date and Termination. This Agreement shall be effective upon recordation in the office of the Riverside County Recorder. NRI-CCP shall record this Agreement only after it has been fully executed by all parties thereto. This Agreement and the easements and covenants contained herein shall be permanent and perpetual, except as otherwise provided herein and except that this Agreement and the easements and covenants contained herein shall terminate upon the execution by all Owners of the Property of a written instrument terminating the same and recorded in the Official Records of Riverside County, California,. 5.4 Limitations. Upon recordation of this Agreement, the Property has not been divided into separate residential lots, creating the residential lots and the common areas within the Residential Property. The Owners intend that, upon recordation of the final subdivision map(s) creating separate residential lots for each residence to be built on the Property, this Agreement shall no longer apply to the Property as a whole, but shall only apply to the Golf Property and the common areas within the Residential Property, except for any easements expressly granted herein. Accordingly, upon recordation of the final subdivision map(s) on the Property creating separate residential lots, without any further agreement or writing by the Owners, this Agreement shall not apply to any residential lot, but shall continue to apply REA-1 7 67991112396 to the Golf Property and all common areas in the Residential Property. In any event, except for any easements expressly granted herein, owners of residential lots shall not be responsible for any obligation or liability which arose prior to recordation of the final subdivision map creating such residential lots, and no lien for any such obligation or liability shall attach thereto. 5.5 Easements Appurtenant. Except as provided in Section 5.4, each of the easements granted or reserved herein shall be appurtenant to, and shall pass with title: to, the Parcel or Parcels benefited thereby. 5.6 Compliance with Section 1468. Except as provided in Section 5.4, the provisions of this Agreement are intended to satisfy the provisions of Section 1468 of the California Civil Code and thereby establish covenants running with the land binding upon the Owners of the Property and their respective successors, assigns and transferees. Consequently, the parties further agree that (a) the provisions of this Agreement relate to the use, repair, maintenance and/or improvement of all or a portion of the Property; and (b) except as provided in Section 5.4, each and all of the foregoing covenants, conditions and restrictions (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, the Owners and any Person having or acquiring any interest in any portion of the Property, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property and every portion thereof and interest therein. 5.7 Captions. The captions used in this Agreement are for convenience only and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning of the provisions of this Agreement. 5.8 Severability. Any provision of this Agreement adjudicated by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be ineffective to the extent of such prohibition or invalidity and shall not invalidate or otherwise render invalid or unenforceable any remaining provisions of this Agreement. 5.9 Integration. This Agreement sets forth the entire agreement of the parties with respect to the subject matter addressed and all prior negotiations, representations, warranties and discussions are superseded by the provisions of this Agreement. 5.10 Number; Gender. Unless the context requires a contrary construction, the singular shall include the plural and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. 5.11 Applicable Law. This Agreement shall be construed in accordance with the laws of the State of California. 5.12 No Partnership. Nothing in this Agreement shall be construed to constitute the parties hereto as partners orjoint ventures. I IIIIII IIIIIIIIIII�II�III�IIIII �Ililill lll11IIIIN IN 86 9 t8 0of '33 00R REA-1 8 67991/12396 5.13 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to the general public or for any public purpose whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. This Agreement is dated �Sy o2 7 2001, for identification purposes only. (SIGNATURES FOLLOW) I I�I��I IIIIII IIIII'III IIIIII� II �IIlI9�I III IIII IIII IN66 29%2091 as &0R 53 REA-1 67991/12396 NRI-CCP I, LLC, a Delaware limited liability company By its Managing Member: NATIONWYMNEALTY INVESTORS, LTD., an Ohio li iced II bility co p y By: Bria J. Ellis, esident a Chief Operating Officer [SIGNATURES CONTINUED ON FOLLOWING PAGE] I IIIIIIIINIIIIIHIJill IlIIIIIIIIIIIIIIIIIIIIIII IIIIIII 0 9 290j 01 nozooA 469328.R=, Easement Agmt. S-t 679911123% And by its Member: COUNTRY CLUB PROPERTIES, L.P., a California limited partnership La Quinta Land Partners, LLC, a California limited liability company, General Partner By its Managing Members: By: Equity Funding Corporation, L0 By/fi6stwick Development, L.L.C., an Arizona limited liability company, rrant B. Ho beak, anaging Member [SIGNATURES CONTINUED ON FOLLOWING PAGE] ��IIIIIIfllll IliIIIIIII��IIIIIII��111111IIIIN 86?290;B018fl8366fl 469328.R". r.a mm Apse. S-2 NRI-LQLP Golf Properties, LLC, a Delaware limited liability company By its Managing Member: NATIOfBn REALTY INVESTORS, LTD., an Ohio iabilPesident y By: . Ellis,nd Chief Operating Officer [SIGNATURES CONTINUED ON FOLLOWING PAGE] IIIIII)I�III�IIIII�I�IIIIlII�IIIIIiiiIIIII�IIIiIIIIIN �re®01 eof 3aeR 469328.Rcc. Easement Agmt. S-3 67991/12396 And by its Member: LA QUINTA LAND PARTNERS, L UC, a California limited liability company By its Managing Members: By: Equity Funding Corporation, [O >Krestwick Development, L.L.C., an Arizona limited liability company, F By: Grant B. Hornb Mana 1 g Member 11111 Jill 111111111111111111111111111111111 062601-298681 29/20910813 of 3atM 469328.Rm. Easement Agmt. S-4 ACKNOWLEDGMENTS STATE OF ON/0 ) ) ss. County of r-lant ki;tJ ) On this —a7��day of JLiM12 2001, before me, personally appeared i3ria,J 7 Ell S known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. LYNNCOSTEU Notary Public, Slat i o My COMOSI EtglltBa 469328.Rm Easement Agmt. 67991/12396 U"k-L` c t Notary Public for S;-Wt n(' Ohio Residing at Co%.(nxt>'. nh,o Commission expires &9..24�aooy I IIIIII �IIII� IIIII II I Ili�lll II in1111111111II�1 06 29/; 611 08 4 of 3eon STATE OF &�(.JIU4i ) ss. County of )04i&4�U ) '�O�L.b�n this a447 day of �d�'� , 2001, before me, personally appeared n `kdci t / 1 _ , known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. w — — WENDYM.GARCIA Notary Commission # 1187723 Nory 3 - Notary PUWIC-Callfomk3 Residing a j Riverside Count' Ir Commission ■ My Comm. Ex" Jun 20,210021 STATE OF�®/��(�� ) (j ) ss. County of On thisday of 2001, before me, personally appeared yL✓ c_ known to me ( e to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDY M. GARCIA Nota f Commission # 1187723 rY uc -. Notary Public-Califtxnla Residing at Riverside County Commission expires My Comm. rphcs Jun 20, M IIIIII �III�IIIIIi III IIIIIIIII�II1I81III IIII1'IIIliil 66/299/i8&1of 0981 3Pon 469328.Rec. Ea.e nt .Apnt. STATE OF Qk{%D ss. County of Fyn Ukl, �f On this X'u day of 0- &C 2001, before me, personally appeared Q'f iQnl -J� EEI II5 known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the cntity upon behalf of which the; person acted, executed the instrument. WITNESS my hand and official seal. oeo eLYNN COSTELW Notary Public, Stat60tMY Commist 469328.Rec. Easement Agmt. 67991112396 Notary Public for S-hge q Qi Residing at Pnl u abet c Ohl Commission expires Quo a 4, aoo4 2001--266661 1111111111111111111111111111111111NI11111111111111111 as,�,,� as ' STATE OFJu�� 07/u) ) ss. County of ?311 ) / On �t is �7 ay of 2001, before me, personally appeared � � id,61- known to me (cr_pwued2n�tP ^� *ha to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDY M. GARCIA NotarMat Commission # 1187723 Notary PubAc- CalifaNa Resid MRiverside County r Commission expires yC vnm. Expires Jun 20,2002. STATE OF/l�� ) tt ) ss. County of /&=tj ) n this 1�97 day,of , 2001, before me, personally appeared S41141" tD. 9OZ-1t-47S , known to me ( on to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDY M. GARCIA Nota ie _%MyComm. Commission # 1187723 Notary Public - California Resldin Riverside County Commission expires E;Vires Jun 20, 2002 IIII111111111111111111IIIIIII11111111111111111111111111 es?e9117 of 53OR 469328.Rec. Ea. a eW Agnt. EXHIBIT 0°A" PROPERTY (RESIDENTIAL PROPERTY AND GOLF PROPERTY) I II81II 1�1��Y111�'�i'�IfIIlI��1'II��fl IN 0 6 9lEg f 530R 469328.Rec. Ezument Agml. 67991112396 EXHIBIT "A" Lots A through Q of Tract No. 29894-1, in the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded In Book 305, page(s) 14 through 22 inclusive, of Maps, in the office of the County Recorder of Riverside County. Parcel ;(Residential PrODertVI DIVISION I The Southwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, according to the official plat thereof. Except the Southerly rectangular 30.00 feet, as granted to the County of Riverside, by deed recorded October 19, 1959 as Instrument No. 89353, Official Records. DIVISION II Parcel 1: The South half of the Northeast quarter and the Southeast quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet, as conveyed to the County of Riverside by Quitclaim deed September 27, 1950 in Book 1207, page 350, Official Records; Also except the Easterly 30.00 feet lying within Madison Street. Parcel 2: The North half of the Northeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Northeasterly 30.00 feet, lying within 52n° Avenue. Also except the Easterly 30.00 feet lying within Madison Street. EAMQi % The Northwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. II11 II IIII 11II 11 II 200 i-29EI681 1 �l'�III II�I'I II�I�It�'�IIIf1I I�'If�I�I1IlI'It�l'�II I��I 86l291Is 95'30 Except the Northerly 30.00 feet, lying within Sr" Avenue. Also except the Westerly 30.00 feet lying within Madison Street. That portion of the East half, of the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: Commencing at the Northeast corner of said East half; thence South 000 03' 39" West, 509.51 feet along the East line of said East half to the point on the Southeasterly line of the All American Canal, per grant deed recorded September 18, 1947 in Book 847, page 538, Official Records said point being the True Point of Beginning; thence continuing South 000 03' 39" West, 809.82 feet along said East line to the Southeast corner of said East half; thence South 890 39' 02" West, 663.09 feet, along the South line of said East half to the Southwest corner of said East half; thence North 000 05' 21" East, 189.59 feet, along the West line of said East half to a point on the said Southeasterly line of said all American Canal; thence North 460 45' 02" East, 911.12 feet along the said Southeasterly line to the True Point of Beginning. Parcel 5: A portion of the Northeast quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: 11111111111111111111111111111111111111111111111111111 a�e9 2B e53e� Commencing at the Northwest corner of said Northeast quarter of the Northwest quarter; thence South 000 03' 39" West, 509.51 feet along the West line of said Northeast quarter of the Northwest quarter to a point on the Southeasterly line of the All American Canal, per grant deed recorded February 24, 1950 in Book 1149, page 544 through 548, Official Records said point being the True Point of Beginning; thence continuing along said West line South 000 03' 39" West, 809.82 feet to the Southwest corner of said Northeast quarter of the Northwest quarter; thence North 890 39' 02" East, 1,326.18 feet, along the South line of said Northeast quarter of the Northwest quarter to the Southeast corner of said Northeast quarter; thence North 000 00' 13" East, 1,316.56 feet along the East line of said Northeast quarter of the Northwest quarter to the Northeast corner of said Northeast quarter; thence South 890 46' 12" West, 781.54 feet along the North line of said Northeast quarter of the Northwest quarter to a point on the said Southeasterly line of said All American Canal; thence South 460 44' 42" West, 699.59 feet along said Southeasterly line to an angle point therein; thence continuing along said Southeasterly line South 460 45' 02" West, 47.14 feet to the True Point of Beginning. Except the Northeasterly 30.00 feet lying within 52nd Avenue. Parcel 6: The North half of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Westerly 30.00 feet lying within Madison Street. Also except the Northerly 30.00 feet as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument No. 89349, of Official Records The Southeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet included in 54`" Avenue. DIVISION III The Southeast quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian In the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except those portions thereof included in public roads. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII III IIIIIiI II EBA III) 06 210 of 5300E Also except the Northerly rectangular 30.00 feet of the Southeast quarter of said Section 10, as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument No. 89348, Official Records. DIVISION IV That portion of the Northwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof, lying East of the East line of Jefferson Street, said Jefferson Street being described as follows: Beginning at a point, on the North line of the Southwest quarter of Section 9, from which the West quarter corner of said section bears South 89" 51' 30" West 137.53 feet; thence South 020 19' 40" East 1,311.71 feet to a point on the South line of said Northwest quarter of the Southwest quarter of Section 9; thence South 890 48' 22" West, on said South line, 60.04 feet; thence North 020 19' 40" West, 1,311.76 feet to a point on the North line of the Southwest quarter of Section 9; thence North 890 51' 30" East 60.04 feet, to the Point of Beginning. Except the North 30.00 feet. Parcel 2: The Northeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the North 30.00 feet. Parcel 3: The Southwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except that portion lying West of the East line of the land described in the deed to the County of Riverside recorded December 23, 1952 as Instrument No. 54929, Official Records. Parcel 4: The North half of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the North 30.00 feet. II IIII44 II (I 1 1 2961-298681 96 1 �I'II�I"f��I I11I��II��IIII��I'l1�Il'I III"��'II�IIIII /29/22 oe B3 BR Parcel 5: The Southwest quarter of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. DIVISION V Parcel 1: A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South , Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: Commencing at the Southwest corner of Section 10; thence along a line that bears North 890 23' 56" East, 30.00 feet; thence North 00" 19' 02" East, 30.00 feet to the True Point of Beginning; thence along the same line 1,285.74 feet; thence North 890 23' 17" East, 759.32 feet; thence South 000 15' 08" East, 1,285.89 feet; thence South 89" 23' 56" West, 757.86 feet to the True Point of Beginning. Parcel 2: A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South , Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: Commencing at the Southwest corner of Section 10; thence along a line that bears North 890 23' 56" East, 787.86 feet; thence North 080 15' 08" West, 30.00 feet to the True Point of Beginning; thence along the same line 1,285.89 feet; thence North 890 23' 17" East, 529.89 feet; thence South 000 15' 08" East, 1,285.99 feet; thence South 890 23' 56" West, 529.89 feet to the True Point of Beginning. DIVISION VI The Southeast quarter of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof. DIVISION VII The West half of the Southeast quarter of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, according to the official plat thereof. DIVISION VIII B6 209 IIIIIIIIIIIIIIIIIIINIIIII1IIII11111I1111IIIIIIIIIIIIIIII 2N of 380R The East half of the Southeast quarter of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. DIVISION IX The North half of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except that portion of the North half of the Southwest quarter of the Northwest quarter of said Section, lying Northwesterly of the Southeasterly line of the canal right of way as condemned by the United States of America; a certified copy of the Declaration of Taking was recorded September 11, 1947 in Book 863, page 340, Official Records, and that portion lying Westerly of the East line of the present County Highway, as located on August 1, 1951 and set out in deed recorded January 23, 1968 as Instrument No. 6767, Official Records. The Southeast quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian In the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet conveyed to the County of Riverside, by deed recorded August 28, 1950 in Book 1200, page 259, Official Records. That portion of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of, County of RIVERSIDE, State of California, according to the official plat thereof, lying Southeasterly of the canal right of way of the Coachella Valley County Water District and Easterly of the present County Highway, as conveyed to the County of Riverside by Quitclaim Deed recorded January 23, 1968 as Instrument No. 6766, Official Records. Said canal right of way was condemned by the United States of America, of which a certified copy of the Declaration of Taking was recorded September 11, 1947 in Book 863, page 340, Official Records. Except the Southerly 30.00 feet as conveyed to the County of Riverside by deed recorded August 28, 1950 in Book 1200, page 259, Official Records. Also except the following: I�IIIIIiiIIBIIIIIIIiiIII�II�Ilfl111111llllll11111III11II 06 209 240808309R The North half of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian in the City of, County of RIVERSIDE, State of California, according to the official plat thereof, and the Southeast quarter of the Southwest quarter of the Northwest quarter of said Section. Also except the North 200.00 feet as conveyed by document recorded July 28, 1987 as Instrument No. 216961, and May 24, 1989 as Instrument No. 168324, Official Records. DIVISION X That portion of the North 200.00 feet of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in City of La Quinta, County of Riverside, State of California, according to the official plat thereof, lying Easterly of the present County Highway, as located on August 1, 1951. Except that portion conveyed to the County of Riverside by Quitclaim Deed recorded January 23, 1968 as Instrument No. 6764, Official Records of said County. Division XI: The West half of the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, as shown by United States Government Survey approved September 15, 1903; Excepting therefrom those portion conveyed to the County of Riverside by deed from A. C. Williams and Margaret H. Williams, recorded December 16, 1930 in Book 867, page 162 of Deeds, records of Riverside County, California, and by deed from Kennedy Bros., a Co -Partnership recorded December 23, 1952 as Instrument No. 54929, of official records of Riverside County, California; Also excepting therefrom that portion conveyed to the United States of American for canal purposes; Also excepting therefrom that portion described as follows: Beginning at a point South 00 21' East, 634.98 feet from the Northwest corner of said Section 9, Thence South 00 21' East 687.12 feet on said West Section line, to the one - sixteenth corner; Thence North S90 47' 23" East 23.73 feet; Thence North 20 19' 40" West, 687.59 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY IIIIII ��IIII IIIII BIII IIIIIiI I IIII�III III I�III�� II III 86?001-2M 988681 8 3BBR Lots A through Q of Tract No. 29894-1, in the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded in Book 305, page(s) 14 through 22 Inclusive, of Maps, in the office of the County Recorder of Riverside County. SAID PROPERTY ABOVE DESCRIBED is also known as The Remainder Parcels of Tract No. 29894-1, in the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded In Book 305, page(s) 14 through 22 Inclusive, of Maps, In the office of the County Recorder of Riverside County. 11 2801-288681 111111111111111111111 II 111111 III 111111IIII B9/291260o f 53 0R EXHIBIT °B" (INTENTIONALLY OMITTED) 1 00 IIIIIIIIIIIIIIIIIIIip111IIIIIIN111111111111111111Il l 66 22 B98e5380R 469328.Rec. Easement Agmt. 67991112396 EXHIBIT "C" DRAINAGE EASEMENT 1111I111111111111111I1111111111111111111111111111111 esrea28 of 3 469328.R". Easement Agm1. 67991/12396 B I T � SHEET OF 12 FEE >< H I INDEX MAP DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 0 J H 3 n 7 8 SHEET 8 11 n 1111111111111111liIIIIII111111111111111111111111111 as20A2 a9�83aeFl QC\/IQCI'1 Q-�-- IE3I�r C; SHEET 2OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AAGREEMENT T COUNTRY CLUBEN OF THIE DESERTD A QU NTAOF PROPERTIES, LLC CA ti6•�� h�O..�'Ii o � J Q v J�P hhh�; i1h�h� h� 6h °h. 0 N6 69 0.h� 5,685 sq. o-� 9� 1 �0`.13 acr 6 8 5, 693 sq. ft. hL 0.13 acres hh p� 67 ss 5,828 sq. ft. 0.13 acres 66 r 6,389 sq. ft. N 0.15 acres NBg 10' '• h� 65 3 5,706 sq. ft. 0.13 acres Ai � -.'` 64"'75 6,426 sq. ft. 0.15 acres /71 _ / n .. _ B9.81 • ��a/ DRAINAGE EASEMENT _ I 1 I'II�� III�� IIII�'III II�III' II III�I�II I�I �II' �II�I III B6 20s 39e sf s 36ea " I IB' �r C SHEET 3 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA DRAINAGE EASEMENT r - N85'59'32"E _ 74.80' EE >C"IE3IT C; SHEET 4OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 108.24 N87I05'43"W in o 44j6 O N 7 O d�1¢ B76 R=455 ,50 4_ /j, iry N a�?3 4j883g 4 R= 3 .00 L =9.22 6 =1 12 "52 .. R �� 00 V/,Q po 4 =�2.2g s6 59�,O F/AIA0 .� 151 18,625 sq. ft. ft. N�� 0.43 acres o � / R=60.00 L =46.23 !Y=44'og,, � rn ss 152 19,365 sq. ft. 0.44 acres N77709'1 5 E 153 17,660 sq. ft. 0.41 acres 155.34 N85 28 '09,, II�IIIIIIIIIIIIIIIIIIIIIIIIIN11111111111111111111 Ill 66 2�3 8f 36oR N cc v•�p A .4Q To lH >C " I IB 1 i V SHEET 6 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRFCCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA N ISO s2„w 0p' G 3'7 � ��P LOT M �0 1o,sos Sq. ft. �� 0.24 acres 90,521 sq. ft. a0 2.08 acres Cz Inv— C14 36 10,889 sq. ft. 0.25 acres F 0 a� a°000 h 35 �; . moo. 10,194 sq. ft. IN o� 34 0.23 acres I o 0 o 10,248 sq. ft. 2 0.24 acres �S S� 06 .00 R=20.5.00 L =1 07.7 4 A=30' 06 DRAINAGE EASEMENT ^ 1 0 _ .. _... _ I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII 62% 933a f 5306P �HIE3IT c; SHEET 6OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA R=1 90.00 LL =1 =33' 18 5 G Aq 93 00 q?22 R'2g61D'� OOnJ((�IOb 41 qb ?0>>'. 1p Q DRAINAGE EASEMENT R=201.00 N o L=42.65 4=12'09'32" 127.9 9'26"E - R=201.00 L=19.74 4=537'37" 208 Dit }� N v w ctOo 000 000 A N oao `0 p\\�� CPNO O CPO CS...,0 12, 438 sq. ft. 0.29 acres 15"• A3 �6G3� 207 14,016 sq. ft. 0.32 acre N-9 " I � l ■ � SHEET 7. OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-COP I AND NRI-LOLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA �211 65 sq. ft. 0 acres mM �m4 �NM ` 0 m N m Off, 9- �S h oo � 4�1 �p9�p 02 �B 212 13,108 sq. ft. 0.30 acres R_24g 00 C '87 91 73•44» 9 SO aZ C\4605 30.43 VIA PESSARO R 03 00 4 ZO'23 04,. 213 100- 16,477 sq. ft. �6 �� ''��O, 56 0.38 acres 1, g6 3i 169•g1V 68• N�6' a� 214 ^� A)/ a 17,884 sq. ft. ) f 0. 41 acres 142 36' DRAINAGE EASEMENT IH >® " I p I �r C; SHEET 8 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 36.92' o° NI 17,795 sq. ft. �rn Z 0.41 acres R=200.00 L=30.66 1$p�� 6=8'47'00- N7g `08.W I'}' ,4r 225 = 17,408 sq. ft. 0.40 acres R=195.00 L=31.39 4=9'13'28" 150.75' N88'55'51 "E 226 17,877 sq. ft. 0.41 acres �o a Z N �o D = D n O R=45.U" L =66.58 40. 4 �84' 46 227 27,432 sq. ft. 0.63 acres �— DRAINAGE EASEMENT 1 1 I �I 1 11 2� 1 I 11II ill 111/111/ lilt 06/366of 5389fl lE >/ H I E3 I T C; SHEET 9 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 2 150.00' N84'06'47"E z i o 0 00 tv � o W < o "- 260 D 19,369 sq. ft. — i A 0.44 acres O + D R= 45.00 ro D L=17. 14 Q (J) N d=21 49 08 �^ 0 7,50 Op � N o 00 4�r,? a 2� 21,982 0.50 C Ryq00\ �f '-...-_-_-..._---. _ _. __. -_.__ IIIIIIIIIIIIIilllllllllllllllllIIIIIIII III (III)IIIIIIII 3 of S308P r-.=XHIE3Ii 4CD SHEET 10OFi= DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA Inc o I R=150.00 N L=45.04 17.12'1VIA DONA ti '9 0.00 4 `,Sl 34 4 -)3. 32' 04 I '7 2 f� sq. ft. acres �Ip Rv�"1 0 yl F a� I i VIA ROSANO O S,36.. 8 '54'17" 273 16,714 sq. ft. N0.38 acres �o Z 105.70 z LOv). ('4 41 . 21,160 0.49 ��— DRAINAGE EASEMENT 111111 IIIIIIIIIII IIII BIIli11111111111111111111111111 66 2�38 of 38BR - _ E—=.XHIBIT C." SHEET 11OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA Ql N� L� 1 152 � 5 jp- N753?-p w� 286 a C74 , 15,978 sq. ft. °u 0.37 acres C73 o , yhuh Oj R AP l o N60 z 287 16,876 sq. ft. 0.39 acres 288 o 17,017 sq. ft. ^i ^ 0.39 acres 9s 0�o,'= \A`96+>> O 1�, 7 11^^ 19 0p "J L -j 8 • 3 3 u p-55' 1 v 1 ti a DRAINAGE EASEMENT _ - -.. _ _...--.... .'-.__ _. - I IIIIIIIIIIIIIIIII III'IIIIIIIIIIIIIIIII IIIIIII (�'�IIII 08 66 2266186388R EE >< "' i �r C SHEET 12 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA ol�+ z� 150.00, i j N8633'32 "E 60,900 sq. ft, 1.40I acres z 3 8 0 w, 1$ 734 sq. ft. I 0.29 acres W f in 150.60' N86'33'32'E I , � 327 p 17,194 sq. ft. p R 41- 15 0.39 acres 6• 4 Q--54 326 ,h 17, 902 sq. ft. 0.41 acres O O 2 +^ `I1 R,2pp• 95 L",V42% ZE z' III�II��IIIII IIIII IIII III�III II III�IIII I�I II�II IIII I�I� B6/Cu290/440 cf083B8fl EXHIBIT "D" MAP OF CERTAIN EASEMENTS (ATTACHED] 469328.Rm. Fa Ce l Agmt. 67991/12396 2991-299881 III IN a6 29,41eoa53W SHEET I of EE >< " I IB I Tr � INDEX MAP I2 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, i It AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA lE >C "' IB 1 �r ® SHEET 2 OF 12 WATER TESOAUIRL PATH EASEMENTS TO ACCMPWYRECP60AACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i i AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA C I 0C 5,500 sq. ft. 0.13 acres o � hoo j p61 �2 5,500 sq. ft. , 0.13 acres 7( \5,500 sq. f 0.13 acres t 69 'oois: 5,685 sq. ft. 000 ? 0.13 acres h�1� ft. pO� hh s p�6 /y 4) by _4.9 V ho: 7 4 ,� 5, 500 sq. ft. F, 0.13 acres 73 5,500 sq. fi 0.13 acres 10 h<" h0: 5 -o 51500 sq. ft. 0.13 acres ��-�- o,auu ry p h0: Ih 2 0.13 ! 6 ��0 1 5,500 sq. ft. oo ` 0.13 acres IRRIGATION and UTILITY EASEMENT (I��III I�II�I IIIII I�� IIIII�I II �IIII��I ISI Il�l�l I�1 I�I ae 200 3 98ae 43 of : E X: "' IB' T ® SHEET 3 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEM NTS TO ACCOMPANY RECIPRdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i i K AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA LOT B 73,337 sq. ft. 1.68 acres 60.00, 60.00' N89'06 "59 "E 1089.87' 1089.87' N89'06'59 "E VIA SAVONA 60.00' 60.00' E N89'06'59'E N8906'59"E N89'06'59"E N89'06'59"E ;N89'06'59 to'l o 102 0 103 0 104 o 105 o 106 ftl W a 9, 000 sq. ft.' W o 9, 000 sq. ft.� W o 9, 000 sq. ft.i ( V 0 9 000 sq. ft.f W V o 9,000 sq. s o 0 0.21 acres 0 0.21 acres o 0 0.21 acres o 0 0.21 acres o 0.21 acre JY4 60.00" 1 60.00' 0 1 1 60.00, 66-00A 60.00' )) r-> )) -171 llllll Hill11111111111111111111111111111111111111 llll aE 2 440 8083eaR ZIRRIGATION and UTILITY EASEMENT EE><H11BIT ® SHEET 4OF12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EA8EM1`NT8 TO ACCOMPANY RECIPRi5CAL ACCESS AGREEMENT BETWEEN NRI-CCP i AND NRI-LQLP GOLF PROPERTIES, L4._• AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA R=200.00 L =136.63 A_39 08'28' A1179 00 1'2Joir 137 N�4ti 9 22,009 sq. k. o \� N_ 0.51 aass m 136 �O \ f 14578 sq. ft. 0.43 o 138 saes R s0.00 a 135 24.315 sq. ft. D.56 sass L=26.8p s30'42' sg. 17,527 sq k. oQs.,O. All-9, 0.40 0a 8 �1 O rya0 •) VIA PORTOFINO LOT K 1j5s'' N2q )�9p9Q '3. .rc,�•• R=360. 5 d=11O L 04 007�1�,��0.35 139 0. R�0.00 L2848" A19,298 02'Di7 sq. k. 13N7950.44 acres140 ro o 14118,310 sq k. ^ 14417 sq. ft. ry0.42 acres042 case 142 '� Zry 16,650 sq. ft. acres 00 123.47' BO _ I N86'97'5i UTILITY EASEMENT 1 N91 298681 66l a IIIII IIIIII Illy Illl i IIII NIIIIII III IIII I II IIII 29/4.3 o BB3 9R ti / EIXH'E3IT' ® SHEET 5OF12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, lit, AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 67 26' R=2004 .—00 R= 00•p0 L =44.23 4' 59' 39 d=12' 40'1 361. 7j, N'33 0B 42 ,w - N83 08'42 "W 146 17,188 sq. ft. 0.39 acres 15.35' C51 R� z66.22 0.00 R_> 210 0O t� __— -- L �03 �8 61 70. LOT K 106,769 sq. ft. 2.45 acres B 00 4�76's0 70" lb ;b 16, 871 sq. ft. 0.39 acres N, �1064' Y H UTILITY EASEMENT R=300.00 L=92.14 A=1 7' 35'50" 146 19,809 sq. ft. 0.45 acres SHEET 6 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRi5CAL ACCESS AGREEMENT BETWEEN NRI-CCP i AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA ED V - 20,417 sq. ft. 11 11 v 0.47 acres N 9 � � Q�, � O a �h12`Q z � -5� 2,.E 422 5 lld\-- 23,104 0.53 sq. ft. acres p ^ p a^ c) 123 18,952 ft. sq. 0.44 acres 0 1 sue„ N633� ft' �p sO 00 60.5 (3 6 0� gs'15„ 1a26o �R o000 =s8. ,s /� �0323 o� h L IRRIGATION and 158 11111111111111111111111 i 1111111111111111111111 TILI Y EASEMENT rQ Illlli 2901-898681 42 oC 53 E / " 1 IB I �r ® SHEET 7 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIP,RdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i i g AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 153 17,660 sq. ft. 0.41 acres o �hf Z 155. J4' N85 28'09 "W 154 17, 087 sq. ft. 0.39 acres 155.34' N85'28' 2 �C-v .ago N 156 15, 880 sq. 0.36 acr, 154.82' N85 2— 8— 155 17,059 sq. ft. 0.39 acres 15—`4' N8528'09 "W N��lpilJ�gJill11111111111 llIIN �,29,48 EE >< " I E3 I TV ® SHEET 8 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRaCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRFLOLP GOLF PROPERTIES, i i a AT COUNTRY CLUB OF THE DESERT,LA OUINTA, CA 3.74 acres R\S8 . S0 2s�s e �2b5 �R S)o B 39> F DO 2>o0 > CPO 3y 3y Q\\60 9 S \\>O c' W 244 17,702 sq. ft. 0.41 acres R- �0-00 73 245 17,344 sq. ft. 0.40 acres j� � o g20 P�> 'o 7 UTILITY EASEMENT �IIIINuillllllllllllllllllllllllllfllllt111111llllll1 z�49 f8369fi .> s• �Oy y O 0, 2. . R 246 20,395 sq. ft. 0.47 acres E.><"IBOT ® SHEET 9OF12 WATER SEWER, IRRIGATION. UTILITIES and CART PATH EASEMikNTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, Li ._ AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA m Drx� m 11 11 II N _ m m Q W Nmm •�� 0 s 0 s s 0 .l s e W s H w F a z 150.00, N80 9 9 . 257 20,025 sq. ft. 0.46 acres 150,u 06'E N65 Sir V Z I L D r- I �' o I 2 D 00 9•�9� '907., 258 21,966 sq. ft. 0.50 acres SEWER and WATER EASEMENT L= 25 21,982 . 0.50 c Y " 1 E31 T ® SHEET 10 OF 12. WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRBCAL ACCESS AGREEMENT BETWEEN NRI-CCP 1 AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA JJ JJ I JJ --J L=204.06 12'07I L=206.45 25.08' N8926'28E )ONA 181.27-" 1U8926'28"E 52' IL40 S 28 E 1 Z sq. ft. o a rcres U i' tW � 108 52' V i Q _117.74 p�5c�p.R R=429.5011 p=15. 42 23 v�P 1 23.36 450 Oo L = R= Q _1 5. 42 ,23 " a P pz ;j _p)' os -- 10 R=150.00 I O N n L=45.04 C ; a=17.12'I VIA DONA ti, VIA R05 40, 00 A� 6• 8 s4't 7" 272 18,724 sq. ft 0.43 acres W o 'LNo p 1N � I ,r J� I , I I ACCESS, IRRIGATION, AND UTILITY EASEMENTI Im 271- 16,714sq. 0.38 acres M mm mn m m,• Nmo N� N N 0 105.70' 33'28'43 E r A e lE >/ u' F3 1 �r ® SHEET 11 OF WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, u AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 152 1 5' N,5 i0..� 0 � V 1 �O 41 � 286- g 1 15,978 sq. ft. 0.37 acres C73 IQ 79s>' 00 r.. A 00 ;'Ad 07 287 16,876 sq. ft. 0.39 acres D 'O N y L -39' 29. 6 --}9 290 16,193 sq. ft. o_ 0.37 acres C 74 00 0 fah D 288 17,017 sq. ft. 0.39 acres Rat g5. g6 p 5813 _ 150.50' N86 55'00 "E 289 17,301 sq. ft. 0.40 acres L SEWER and WATER EASEMENT 2681 298681 116111111111111111111111111111111111111111111111111111186129 52 oe53� EE X " ! 1B' T ® SHEET 12 OF -- WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMI`NTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP 1 AND NRI-LQLP GOLF PROPERTIES, 11 AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA �� 18 - ` 4 " 6.Og'52 .. R=959. 00 L=101.36 R=959 Rom) -6' 03�21 " L=] 00 91 acres 13" zIq d _50 L ��13. 8 10p0 00 41 •4532:, 9 ° _3j. �'Y'52 01 27 27.. C104 Cin� IQ = 307 14,137 sq. ft. 0.32 acres R=11 L =1p9120O ° �5 15"12., a =6 N 0 L tis0s�ss 65.84' `� d w N88 55'11 "W N88 55'11 V O 65.84' V) X k 65.84" 03 �` N88'5.5'11'W y U �^ O 308 �Mo 15, 237 sq. ft. ,lu W 309 O 0.35 acres o o 13,005 sq. 1 b N 0.30 acres o Z � O 2 a• R=1191 00 +, L-i 9.2o 70.37' Illlllllllllilll11lip 1111111111111111111111111111111111IN B6ZBB53 s o98399fl ACCESS, IRRIGATION, AND UTILITY EASEMENT Recording Requested By First American Title Company WHEN RECORDED MAIL TO: MORGAN, LEWIS & BOCKIUS 300 South Grand Avenue Suite 2200 Los Angeles, California 90071 ATTN: Anthony Ciasulli, Esq. MAIL TAX STATEMENTS TO: ND LA QUINTA PARTNERS, LLC 375 North Front Street, Suite 200 Columbus, Ohio 43215 DOC ua 2002-74MSZ7 12/13/2002 08:00111 Fea:31.00 Page 1 of 9 Recorded in Official Retards County of Riverside Cary L. Orso Assessor, County Clark 8 Recorder 111111111111111111111111111111111111111111111111111111 M a U PACE sZe M _ PCOP N0000. SAf WSC --� A R L COPY LONL REfVNO NLXG EYµ, DOCUMENTARY TRANSFER TAX l Computed on the consideration or value of property conveyed; OR Computed on the consideration of value less liens or encumbrances remaining at time of sale SF Signature of Declarant or Agent determining tax --Firm Name / jelyc -' AMENDED AND RESTATED EASEMENT AND ROAD MAINTENANCE AGREEMENT THIS AMENDED AND RESTATED EASEMENT AND ROAD MAINTENANCE AGREEMENT (the "Agreement") is made and entered into on December i�_, 2002, by and between ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Developer"), and The Hideaway Owners Association, a California nonprofit mutual benefit corporation ("Association,"), with reference to the following facts: RECITALS A. Developer is the owner of certain real property situated in the City of La Quinta, County of Riverside, California, which Developer is developing as a Common Interest Subdivision pursuant to the Davis -Stirling Common Interest Subdivision Act, to be known as The Hideaway (the "Project") and which consists of, among other things, home sites and a network of roads connecting the home sites to one another and to surrounding roadways, the applicable portion of which is Amended Tract No. 29894-2, as per map thereof recorded on December 12 , 2002, in Book 3;17. Pages % through g9' inclusive, in the office of the County Recorder of Riverside County, Califomia (the "Recorder's Office"). B. NRI-CCP I, LLC, a Delaware limited liability company, as predecessor -in -interest to Declarant, subjected the Property to that certain Easement and Road Maintenance Agreement recorded on December 31, 2001 as Instrument No. 2601-652760 (the "Original Easement Agreement") in the office of the Recorder's Office. I-IW026982.3 first )lmerican Title Company has recorded this instrument by request as an accom- modation only and has not examined it for regularity and sufficiency or as to its effect upon the title to any real property that may be described herein. C. This Agreement amends, restates and supersedes the Original Easement Agreement in its entirety. D. Developer shall grant to the Association, along with the amended first phase of development covered by a California public report (the "First Phase"), Lots E, H, K, S, CC, FF KK, LL and MM of Amended Tract No. 29894-2, on which roadways are constructed, in order to provide ingress to and ogress from the Project for home sites in the First Phase. E. Developer and the Association have determined that the Association, and any and all members, prospective members, officers, directors, managers, agents, employees and contractors of the Association, along with, any and all contractors, guests, invitees, licensees and lessees thereof, now or in the future ("Association Members"), may also require access over, under, through and/or across Lots Q AND EE of Amended Tract No. 29894-2 (the "Access Lots"), as depicted on Exhibit "A" attached hereto, which Lots shall have roadways constructed thereon, but the ownership of which Developer is not granting to the Association in conjunction with the sale of the First Phase. F. By this Agreement, Developer desires to grant to the Association, for the benefit of the Association Members, and the Association desires to acquire for the benefit of the Association Members, an easement in, over, under, through and across the Access Lots. By this Agreement, Developer further desires to set forth the use rights of Association Members as well as Developer's intention to maintain the Access Lots during the term of this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and Association agree as follows: AGREEMENT L Amended and Restated Agreemen[. This Agreement amends, restates and supersedes the Original Easement Agreement in its entirety. 2. Easgmen[. Developer grants to Association, subject to the terms of this Agreement, an easement in, over, under, through and across the Access Lots. 3. Description. The Easement granted in this Agreement is anon -excl us i ve easement in gross in favor of the Association. The Easement granted is perpetual, subject to the termination conditions set forth below, and is for the use and benefit of the Association Members. 4. Scone and Purpose. The Easement granted in this Agreement is an easement for roadway, utility, ingress and egress purposes including, without limitation, the following: 1-LA/626982.3 a. Vehicular and pedestrian access over and across the Access Lots for ingress to and egress from the Project for Association Members: IIIIII BIIIII III11111111 IN 111111111111111111111111111 tz 2082 of598'0aR b. The right of Association Members, with thirty (30) days written notice to Developer at the address set forth below regarding Notice, to construct, install, use, maintain, alter, add to, repair, remove, replace, reinstall and reconstruct electrical, water, sanitary sewer, natural gas, telephone, drainage connections, cable television or any other type of utility line, cable pipeline, conduit or other transmission medium, and any and all other improvements reasonably related to utility purposes ("Utility Improvements") in, over, under, through and across the Access Lots. The scope of the Easement shall be interpreted in a broad manner for the purpose of allowing all activity consistent with use of the Access Lots for roadway, utility, ingress and egress purposes. S. Reasonable Use. Any entrance upon or movement across the Access Lots by an Association Member shall be conducted such that it does not damage the Access Lots or any improvements thereon, or unreasonably interfere with the rights of free use and enjoyment of the Access Lots or any improvement located thereon by other Association Members or Developer and its successors, assigns,. members, officers, directors, managers, agents, employees, contractors, guests, licensees or invitees (collectively, the "Access lot Owner") or otherwise unreasonably increase the burden on the Access Lots. Association Members shall repair and/or replace any damage they may cause to the Access Lots or any improvement thereon such that it meets the reasonable approval of the Developer. Any Association Member found to be in violation of this paragraph shall be liable for any and all damages at law or in equity associated with or arising under such violation. In addition, no Access lot Owner shall make any use of the Access Lots which shall unreasonably interfere with any Association Member's free use and enjoyment of the Access Lots under this Agreement. Any activity on the part of any Access lot Owner which is reasonably related to the development and sale of any portion of the Project shall not be deemed an unreasonable interference. 6. Term. This Agreement, and the Easement granted hereunder, shall be deemed effective for all purposes as of the date first set forth above, and shall continue in perpetuity. Notwithstanding the foregoing, upon the occurrence of any one of the following, this Agreement and the Easement granted hereunder, shall be deemed immediately terminated by its own terms and without any further action taken on the part of any party hereto or beneficiary hereunder: a. Any one or all of the Lots which make up the Access Lots shall be conveyed to the Association; or b. Developer and the Association shall enter into a new easement agreement which by its terms (i) specifically terminates this Agreement, or (ii) redefines the rights and obligations of the Association and Developer under this Agreement as to all or any portion of the Access Lots, unless such redefining documentation specifically states that it does not terminate this Agreement. 7. Maintenance of Access Lots. Subject to the Association Members' obligation to repair and/or replace any and all damage they may cause to the Access Lots or any I-LA/626982.3 �1111111111111111111111oil 11111111111111IN11111111 rz2003 of59e�eeA improvement thereon, as sot forth above, Developer agrees that it shall maintain, repair and keep in good order and repair the Access Lots. Developer further agrees that during the term of this Agreement, it shall pay any and all costs associated with such maintenance and repair of the Access Lots. Notwithstanding the foregoing, Developer shall have no obligation to maintain, repair and keep in good order and repair the Utility Improvements or to improve the Access Lots from its condition as of the date of this Agreement. 8. Alternative Dispute Resolution. This Paragraph 8 sets forth a mechanism and procedure under which any claim, controversy, breach or dispute arising out of the Easement, the Access Lots or this Agreement, including, without limitation, the interpretation of any term or provision of this Agreement (individually, referred to as a "Dispute", and collectively referred to as "Disputes"), will be resolved in a prompt and expeditious manner. In the event that the parties to any Disputes are unable to resolve all or any Disputes, any such unresolved Disputes shall be heard by a referee pursuant to the provisions of the California Code of Civil Procedure Section$ 638-645.1, inclusive, and as set forth in this Paragraph 7. All references to a party or to the parties in this Paragraph 8 shall mean a party or parties to a Dispute arising out of the Easements, the Easement Areas or this Agreement. 1-LA/626982.3 A. Procedure for Appointment. The venue of any proceeding brought under this Paragraph 8 shall be in Riverside County (unless changed by order of the referee). The party seeking to resolve the Disputes shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. At any time after service of the complaint, any party may request the designation of a referee to try the dispute. Thereafter the parties shall use their best efforts to agree upon the selection of a referee. If the parties are unable to agree upon a referee within ten (10) days after a written request to do so by any party, then any party may petition the presiding judge of the Superior Court in which the action is filed or the Superior Courtjudge to whom the matter has been assigned (the "Judge") to appoint a referee. The person so appointed shall be a retired judge or a lawyer experienced in the subject matter of the dispute. B. Appointment of Proposed Referee as Judge Pro Tcm. In recognition that (1) there is no action pending as of the date of this Agreement in which the parties thereto can stipulate to the appointment of a temporary judge, (2) there is no statute authorizing such a stipulation in advance of the filing of an action in the Superior Court, and (3) the appointment of a referee as a temporary judge ("Judge Pro Tem") under Article VI, Section 21 of the California Constitution and California Rules of Court Rule 244, would be preferable to a general reference, in the event of the filing of an action in the Superior Court to resolve all or any Disputes, the parties thereto shall use their best efforts to stipulate that the proposed referee be appointed as a temporary judge under Article VI, Section 21 of the California Constitution. IIIIIIIII�IIII�IIIII�IIIII�IIIIII�II�IIIIII�IIIIIIIIN 1e2004 of 9e�eeR C. Decision and Jurisdiction of Referee. The referee or Judge Pro Tern shall decide all issues of fact and law submitted by the parties for decision in the same manner as required for a trial by court, including all law and motion matters, ex parte matters and discovery disputes. The referee or Judge Pro Tern shall try and decide any or all Disputes according to all of the substantive, evidentiary and procedural law of the State of California. When the referee or Judge Pro Tern has decided the Disputes, the referee or Judge Pro Tern shall prepare a statement of decision and judgment. The judgment entered by the Superior Court shall be appealable in the same manner as any otherjudgment. D. Discovery. Discovery shall be allowed and conducted under the supervision of the referee or Judge Pro Tern pursuant to the provisions of the California Code of Civil Procedure and the California Rules of Court. E. Cooperation. The parties shalt diligently cooperate with one another and the person appointed as referee or Judge Pro Tern to resolve each and every Dispute and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of all such Disputes. If either party refuses to diligently cooperate, and the other party, after first giving notice of its intent to rely on the provisions of this subsection, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, the referee or temporary judge may award such additional expenses and attorneys' fees to the party giving such notice, even if such party is not the prevailing party in the Dispute. F. Allocation of Costs. The costs of the proceeding shall initially be borne equally by the parties to the Dispute, but ultimately such costs shall be home by the parties as determined by the referee or Judge Pro Tem as an item of recoverable costs. If either party refuses to pay its share of the costs of the proceeding at the time required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee or Judge Pro Tern shall include such costs in his judgment or award. 9. Severability of Provisions. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction (or any referee or judge pro tem appointed as set forth above) to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. 10. Governing Law and Interpretation. This Agreement shall be governed by and interpreted under and in accordance with the laws of the State of California without regard i-Laraaosz,3 IB�III I�IIII III 11111111 Jill 111111111111111111111111111 12 10925 of -745937 for any conflicts of laws provisions thereof. This Agreement shall be interpreted as though fully negotiated and drafted by both parties equally. In the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 11. Incorporation of Recitals. The Recitals set forth above are incorporated in this Agreement as though set forth more fully herein. 12. Entire Agreement. This Agreement constitutes the entire agreement between Developer and Association relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Developer and Association. 13. Notice. Any and all notice provided for hereunder shall be deemed received upon the third business day following deposit in the US Mail if addressed to Developer at the following address: 'NRI-CCP 1, Attn: Nancy Aaronson, 81-100 Avenue 53, La Quinta, California 92253, or such other address as Developer may inform the parties hereto in writing. 14. Binding Nature of Agreement. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Developer and Association. IN WITNESS WHEREOF, the parties hereto have executed this Easement and Road Maintenance Agreement as of the date first set forth above. DEVELOPER: ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Ohio limit iability ompany Its: Managing ern er By: ( Name: Brian I. Ellis Its: President and Chief Operating Officer I LA16269823 IUINIIINiIIIIIIH1lllJill lll1RIIII11111o1111Nlltll 12131 a2ssa'aaA ASSOCIATION: The Hideaway Owners Association, a Californi onprofit mutual benefit corporation By: j - A Name: rian J. Ellis Its: President I-LA/G2G9823 IIIIIIIIIIIIIIIIIIIIIII1111111111111111111111111111111 1213 37 Toff 9OGA 0"Ib STATE OF EA14F9R#IAI ) ) ss: COUNTY OF F1�OWLIP ) On %DILi *-W'f q , 2002 before me the undersigned, a Notary Public in and for said County and State, personally appeared G+r iAw -3- E )I-S personally known to me (or 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. WITNESS my hand and official seal. IAL ! i0 REGINARHOADSOOMOND t} ABWW M"btOhb 1 N PubAo MY Cam*Won Bw No tiVMM ♦'% BKOM 147.03 H.C. OF 0� 0Hro STATE OF t?PrHFORM7t ) ) ss: COUNTY OF fiAN tLIV) -�" &h awwo 1 Notary Public On U q , 2002 before me the undcrsi ned, a Notary Public in and for said County and State, personally appeared �IAvt J - 11c, personally known to me (or 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. WITNESS my hand and official seal. o, �,l AL It t REM RHOADS4lRMOND Notary Public, Std Of OMo O 147.03 R..CC�Yatloa OF LIMY.A.;'Oe"JORNMI W. MM 1111111111111111111111111111111111111111111111111111111 z200zof98�eea 1-I A16269911 EXHIBIT "A" TO AMENDED AND RESTATED EASEMENT AND ROAD MAINTENANCE AGREEMENT Access Lots Common Area Lots Q and EE, inclusive of Amended Tract No. 29894-2, as per map recorded in BookAn, !Pages 66 through , inclusive of Maps, Records of Riverside County, California. 11111111 NIIII1111111IN1111111111111111111IN111112�A9 e4ze3s�eeR No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 DOC a 2002—OMM076 05/15/2002 0a:00A F.o:NC 9a0. 1 of 11 Recorded In Offlelol Roeord. County of Rlvaralde Gory L. Orso Auu0cr, County Clerk 8 Recorder 1111111111111111111111111111111111111111111111111111 (Space above this line for Recorder's Use) DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION A G R E E M E N T EN THIS AGREEMENT is made on this 1st day of April ,2002 by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its headquarters at Coachella, California, hereinafter designated as "District" and NRT - CC 'i i / 7 C. located at /q-Vew,,E .3, .44 OylNTA1 CA 92,2 6'3 hereinafter designated as "Subdivider." WHEREAS, Subdivider is developing a subdivision of SIC - lots located in the 66Ls 5 TSa RNO IV) Su) quarters of Sections 91 /Q Township ec South, Range ] East, San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission of the Geufety/City of /- al O U/tJTR , which tentative subdivision has been designated as Tract No. 7.9t494-Z , hereinafter designated "Subdivision" and described on Exhibit A; and WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and domestic water service and/or sanitation service to each of said 34e- lots; and WHEREAS. Subdivider is desirous of having District provide domestic water and/or sanitation service to said Subdivision and is willing to transfer to District the water distribution system and/or sanitation system necessary therefor after the construction thereof and District is willing to accept such transfer and to provide domestic water service and/or sanitation service to said Subdivision on the terms and conditions set forth herein. CVWD-014A (Rev. 8/93) NOW, THEREFORE, TIIE PARTIES AGREE AS FOLLOWS: 1. Subdivi♦er will comply with District's "Regulations Governing Domestic Water Service," "Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for Domestic Water Systems andlor Sanitary Sewer Systems" as the same may be amended from time to time, the provisions of which are incorporated herein by reference. 2. The domestic water system and/or sanitation system to serve said Subdivision shah be constructed in accordance with District's "Standard Specifications for the Construction of Domestic Water Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such specifications and construction plans prepared by Subdivider and which shall be approved by District prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the water meter to the individual lots. The sanitation system shall include, manholes, pipelines, house laterals, pump stations, and appurtenances. - 3. The Contractor employed by Subdivider to construct the domestic water system andlor sanitation system shall be licensed by the State of California for these types of construction and in addition shall be approved by District for such purpose. t 4. The entire cost of the construction of the domestic water system and/or sanitation system shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the end that the domestic water system and/or sanitation system. facilities are constructed and installed pursuant to this agreement in accordance with the approved plans and specifications. This inspection is not for the purpose of determining installed footage of water or sewer pipeline or for compliance by the Contractor with safety requirements. 5. Prior to the release of the improvement plans for the domestic water system and/or sanitary sewer system Subdivider shall furnish to District the following: a. Bill of Sale for conveyance of the domestic water system andlor sanitation system. b. Any and all Deed(s) of Easement or Grant Deed(s) to any rights -of -way or other real property interests necessary for the operation of the domestic water system and/or sanitation system or to comply with the requirements of District's Regulations Governing Domestic Water and/or Sanitation Service. I (IIIII IIIII -2- CVWD-014A �988(Rev. 9/93) e5iz28eonIIIII IN mill IIIIIIIIIIIIII IIII IIII IN c. Wgitten Petitions for the annexation of its lands to be developed to those Improvement Districts of District which are applicable to the public services toy. be provided. d. Apt irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $2,000 or five percent of the amount of the construction contract(s), whichever sum is greater, as security for the purpose of guaranteeing the completion of construction as provided in Paragraph 2 and to further guarantee that Subdivider shall comply with Paragraphs � and 7 herein. Said security shall provide that District has the absolute right five days after the mailing of a written notification to Subdivider by certified mail at Subdividers address herein to draw all or a portion of qhe funds represented by the security as may be necessary to complete construction, including administrative and all other project costs or to secure compliance With the provisions of Paragraphs 6 and 7. Said security, less draws, if any, will be returned to Subdivider upon acceptance of the domestic water system and/or sanitation system by District. 6. Prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by District, whichever occurs first, Subdivider shall furnish to District and/or comply with the following: a. Pay all Water System Backup Facilities Charges and/or Sanitation Capacity Charges which are in effect at the time payment is tendered. b. As to any water well developed by Subdivider for golf course irrigation or other purposes in connection with said Subdivision, execute a separate welt. -metering agreement with District. Said agreement will be mailed to Subdivider by District. Section 31638.5 of Chapter 7, Part 6 of Division 12 of the Water Codes states that: "It shall be unlawful to produce water (in excess of 25 acre feet per yea,k)... unless the well or other water producing facility producing such water shall have a water -measuring device [meter) affixed thereto which is capable of measuring and registering the accumulated amount of water produced." c. Upon execution of a well -drilling contract, for the golf course irrigation well as described in Subparagraph 6.b. above, notify District of intent to drill said well, the required meter size, and upon completion of the -3- CVWD-014A 200 If11111111111111111111111111111111111G1ill 111ll 11111111 3 or5It 86 (Rev. 8193) 05/15/2002 89.00n well slial.I install a meter and pump discharge manifold -according to District specifications, at Subdivider's expense. In the event that the meter installation and pump discharge manifold is not completed according to District specifications and with District's approval, District shall have the right to direct that the entire discharge manifold assembly be reconstructed at Subdivider's expense. District, for Subdivider's convenience, will make available the meter and meter installation specifications upon request to District by Subdivider and/or well driller's authorized representative. After completion of the meter installation District will, at District's expense, obtain a hydraulic pump test on the well for determining any meter correction factors. District employees and agents shall at reasonable times over lands owned by Subdivider on which said well is located, have the right of ingress and egress. District will own, operate, maintain, and replace said meter at District expense. District will read said meter at periodic intervals and make such readings available to Subdivider if so requested. Subdivider agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. d. As to any domestic water well site(s) and/orsanitary sewer lift station site(s) provided by Subdivider: 1) Grading plans of the site(s) for District approval. After the grading plans have been approved by District, grade site(s) in accordance with approved plans. 2) Plans for perimeter walls and exterior landscaping for District approval. After the plans have been approved by District, construct the walls and landscaping in accordance with the approved plans. The design of the walls shall include consideration of noise attenuation to maintain exterior noise levels for residential development while the well or lift station is in operation. Said perimeter walls Shall be installed prior to District providing service. 3) Provide electrical power of a voltage and wattage necessary for the well or lift station operation to the site(s:). Plans for this installation shall be approved by the District prior to construction. 4) Plans for the acceptance of well site drainage and well discharge water from the well site(s) into the on -site drainage facilities -4- CVWD-014A I IIIIII IIIIIIIIII IIII IIIIII IIII�IIIE�I III IIII IIII IIII �iaq oorORR Se8B(Rev. 8/93) asi for District approval. After the plans have been approved by District, construct and maintain the facilities necessary i-or the conveyance of these waters from the well site(s) in accordance with approved plans. Subdivider shall include these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 5) Be responsible for the exterior landscaping at the site(s). e. A certified copy of the Covenants, Conditions and Restrictions for said Subdivision. 7. As to any electrically or electronically operated security gate system installed by Subdivider and designed to be functional without an operator/guard, District shall have the right to install radio controls to operate said gate(s) at Subdivider's expense. Subdivider shall pay District the sum of $2,500 as the cost of said radio controls prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by District. whichever occurs first. District will operate, maintain, and replace said radio controls at District expense. B. Prior to the acceptance of the domestic water system and/or sanitation system by District, Subdivider shall furnish to District any and all requested documents, including but not limited to the following: a. A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or any party who furnished material in the construction of the domestic water system and/or sanitation system, have been paid in full; h. As -Built Drawings of the domestic water system and/or sanitation system. Acceptance by District of the domestic water system and(or sanitation system shall vest title thereto in District without any further action on the part of Subdivider. C. A surety bond, irrevocable letter of credit or a certificate of deposit from,a bank or savings and loan located and doing business in the State of California, naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $2,500 or ten percent of the amount of the construction contract(s), whichever sum is greater, to guarantee the performance of the installed domestic water system and/or sanitation system as against failures of any type, the period of said guarantee and said warranty shall be for one year from the date of the acceptance of the domestic water system and/or sanitation system by District. Said security, less any charges by District, shall be returned to Subdivider at end of one year. 'u'uII -5- CVWD-014A I IIIIII'IIIII IhII II'I IIIIII I�,1 IlIIIII III IIIII 1111 III esi2B85aef 11 ea8eea (Rev. 8/93) 9. Upon the request of Subdivider, District will furnish to the appropriate departments of the appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State of California, a letter from District indicating that financial arrangements have been made for the construction of the domestic water system and/or sanitation system for said Subdivision and District is willing to provide domestic water service and/or sanitation service to each and every lot therein, provided Subdivider has done all of the following: a. Compiled with all provisions of this Agreement applicable at the time, b. Furnished District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California in a form approved by District in the amount of $2,000 or five percent of the amount of the construction contract(s), whichever sum is greater, c. Furnished District with a copy of the Bond filed with the appropriate City or County, guaranteeing the construction of required Subdivision improvements, including the domestic water system and/or sanitation system provided for herein, and d. Paid to District any amount due under the Water System Backup Facilities Charge, and/or Sanitation Capacity Charge as may be applicable, i.e., those in effect at the time payment is tendered to District. C. Init.iated a Well Metering Agreement with District (if applicable). 10. District shall not be liable for the replacement of decorative concrete and other surface improvements which District may he required to remove in the future to gain access to the domestic water and/or sanitary sewer pipelines and appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements outside the immediate areaof construction. Subdivider shall include these conditions in the Covenants, Conditions, and Restrictions for said Subdivision. 11. District shall not be liable for the maintenance including but not limited to malicious damage and graffiti of the exterior walls and landscaping around the domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider. Subdivider and its successors shall be responsible for the maintenance Of these improvements. Subdivider shall include this condition in the Covenants, Conditions and Restrictions for said Subdivision. _6 CVWD-014A 111111111111111111111111111111111111111111111111111111 ss2006or s11 eese (Rev. g/93) 12. District shall not be subject to the approval of Subdivider or Homeowners Association on any use, restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider. Subdivider shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 13. Subdivider will provide notice to the purchaser of any homes within 300 feet of any District domestic water well site(s) and/ar sanitary sewer lift station sites) of the fact that District owns the property and its proposed and/or actual use and the activities that are involved during the construction and operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment operation including drilling and maintenance derricks which may create noise and vibration. Subdivider shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 14. In the event that construction of the facilities which are the subject of this Agreement has not begun within 12 months of the date of this Agreement or, having been completed, said facilities have not been accepted by District within 24 months of said date, District shall have the right to declare this Agreement void. In the event District exercises said right, it shal l 11 have no further obligations under this Agreement. Any new or revised Agreement and any related domestic water and/or sanitary sewer plans shall reflect any new conditions in effect at that time. Costs, fees and charges due under said new or revised Agreement shall be those which are in effect at the time payment thereof is tendered. 15. In the event that Subdivider fails to perform any obligation under this agreement, Subdivider agrees to pay all costs and expenses incurred by District in securing performance of such obligations, including costs of suit and reasonable attorney's fees. 16. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend and hold District harmless from any lasses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable attorney's fees. 17. Following fulfillment of the terms and conditions herein and acceptance by District of the domestic water system and/or sanitation system. District will provide domestic water service and/or sanitation service to said Subdivision in accordance with District's Regulations cited in Paragraph 1. 1I I'IN' CVWD-014A Illlllllll�llllllllllll,IIIII'lllllillllllllllllllllll es20Rzeazee9sea Rev. 8/93) 1R This Agreement Is binding on the assigns of District and on the assigns, successors, and representatives of Subdivider. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT Tom Levy General Manager —Chief Engineer Dated: April 1, 2002 PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES SUBDIVI➢ER NRI—CC LC By: ation ide Ep nvestors, Ltd., is nugia m er By: By: Brian J. Ellis, resident and Chief Operating Officer Dated: g / Z-� 10 STATE OF OHIO ) ) SS: COUNTY OF FRANKLIN ) The foregoing instrument was acknowledged before me this :)ii day of August 2001, by Brian J. Ellis, President and Chief 0 erating Officer of Nationwide Realty Investors, Ltd., managing member of NRI-CCP I, LLC, a e limited liability company, on behalf of the Jcomg,Ep Y LYNNCOStELLO( C,CaTcl�a N'V.ary Pudic, State of ONO ITeo'My 6mnmissian Extrea A/dU/o4 -g- N Notary Public. •Y,�F IVIIIIIIIIIIIINIIIIIIIIIIIINIIIIIh IIIIIIIIIIII IIII 8525E 02it 68 "R (08/93) EXHIBIT "A" COUNTRY CLUB OF THE DESERT THAT PORTION OF SECTIONS 9 AND 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDAN, IN THE CITY OF LA QUINTA, COUNTY OF: RIVERSIDE, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT OF WAY OF AVENUE 52, ON THE SOUTH BY THE NORTHERLY RIGHT OF WAY OF AVENUE 54; ON THE WEST BY THE EASTERLY RIGHT OF WAY OF JEFFERSON STREET, AND ON THE EAST BY THE EASTERLY RIGHT OF WAY OF MADISON STREET DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 9, THENCE NORTH 89046'27" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, 85.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00013'04" WEST 55.26 FEET; THENCE NORTH 45015'51" WEST 43.05 FEET; THENCE NORTH 00`04'00" EAST 23.01 FEET; TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 74500 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A, CENTRAL ANGLE OF 44001'13" AN ARC LENGTH OF 572.38 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 855.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45001'26" AN ARC LENGTH OF 671.87 FEET; THENCE NORTH 00056'12" WEST 645.40 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 855-00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1803418" AN ARC LENGTH OF 277.14 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 745.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°35'34" AN ARC LENGTH OF 319.77 FEET; THENCE NORTH 0500604" EAST 595.94 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 185500 FEET, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32037'19" AN ARC LENGTH OF 1056.16 FEET, TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1745,00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A. CENTRAL ANGLE OF 27°33'10" AN ARC LENGTH OF 839.15 FEET; THENCE NORTH 00000'55" EAST 285.37 FEET; THENCE NORTH 45003'19" WEST 33.26 FEET; THENCE NORTH 00°04'52" WEST 25.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF AVENUE 52 AND THE TERMINUS OF THIS DESCRIPTION. EXCEPTING THEREFROM THAT PORTION NORTHWESTERLY OF THE SOUTHEAST BOUNDARY OF THE ALL AMERICAN CANAL. AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART OF. DATE 09/17/01 "RS H RN JR P.L.S. 7 59 y V LAND S CA LEGAL NO. 14520-082801R1 1t2003 Gp` JERALD E. AIJHORN JR. J EXP.DEC. -11, 2003 * N0. 7159 1111111111111111111111m1101111111111111111111111 as�aa�a z5a�adaR�� ` EXHIBIT'B' COUNTRY CLUB OF THE DESERT -15T sTRF II 41 11 Oil JL; y > M: < c Z! zm c P.08 N89*46'27"E R-1745.00' ----------- 85 89' TP.0.8. :572 14^DI840N STRSTREETL N00*13'04"W 5 5.2 6 10 R=1855 .00' Na CN ui L I z z z z z z z I18111IllliIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111 05,11M5/2002 08 02-255078 OUR wj:,r m MW MA LIM NOL UNI04MM State of California ) ) ss County of Riverside ) On April 8, 2002, before me, Cynthia R. Parks, Notary Public, personally appeared Tom Levy, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. (seal) Cr1m1u It. PMKS mmlt Colon# 12MI I z Z9MYComMAXPiresFeb26, Notory Public — CGRfcmin Rlv ide County Z Domestic water and/or sanitation system installation a9mrnent NRI-CCPI, UC Brian J. Ellis West half Sac. 10, T6S, ME Sec. 9, T6S, UE Witness my hand and official seal. N ary Public in and for said County and State 1IINflllllll{IIillllIIIIIIIIIIIIIIIIIIIIIIINIIIIIN 05��z11oBli Recording Requested By First American Titic Company RECORDING REQUESTED BY NO LA QUINTA PARTNERS, LLC 375 North Front Street, Suite 200 Columbus, Ohio 43215 WHEN RECORDED RETURN TO MORGAN, LEWIS & BOCKIUS 300 South Grand Avenue Suite 2200 Los Angeles, California 90071 ATTN: Anthony Ciasulli, Esq. 1-LA1827282.4 DOC a 2002-74seas 12/1,3/2002 08:00A Fee:316.00 Page 1 of 104 Recorded In Official Records County of Riverside Gary L. Orso Assessor, County Clark & Recorder 1111111111111111111111111111111111111111111111111111111 M _J 5 1 U li -, I S,ZE N AMENDED AND RESTATED ---- GOpi NOLOp SW MISC. G COPY LONG REFVryO NCHC EWA 3 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY First American Title Company has recorded this instrument by request as an accom- modation only and has not examined it for regularity and sufficiency or as to its effect upon the title to any real property that may be described herein. M ARTICLE DEFlm[TIONS.—`~^--^.--.—. 11 AonmxabiuArea .,~,_,^,,^`,,_, —``~--`~~--`~^--``^^—`—^^--.—�2 1.2 /�chitectura|Rev�wComnoi�o*~~`~`—^`~--~--```^---`—`—~—`-2 1.3 A,chiAe�us8Rov�wComnndRules., 1.4 /��ch�..`^^`—~`^---^~--`^`--`—~—`—.--�J 1.5 Aonnuiatinn^--,_--~~—'~~---`^--^^~—^—~^--`-----3 1.6 Association Easement Area 1J .—..-—^---^--``—'3 Association Funds 1'8 Association Property ,__`~^__,,_~`----^^`—`~----.—'J 1.9 Amsocia�unP/opoAyVVaU..`.`.,----~—`—~----^--^—^---`---^—'4 11O Beneficiary.—`^~^~—~.`—,,^.`^—`^`--^`^---`^—^—`^`-4 111 Boand,--—`'^—`—^—`—`^—^--~`---`^—`—.--'4 1.12 Budget ^---~,^___--~—``~—~—~``—`~--``^----.---4 113 ' � ~^`^—~� ......................................... 4 114 ----`—`. ssessment * 115 Citv—._`~.--~---~^`~``^^—`—^^—`^`~—`—`^---^'5 116 Close nfEscrow `._,_`~,^` —`—~^^---~---~—,—`..�5 1JT (�on�nounArea —,~_—~__`~---~`^—`~^--^~~—`~~—^—`^—�S 118 Common Assessment ^—~^~^---^---`--'t 119 Common ....................................~---~~—`~^^--`—^—'5 12V Cost Center —~`—`—`^—`—^--`—^---~`--,5 1.21 County ~__,`_,__^,,_``,,`---~~`^--,.---# 1.22 Declarant .^—`~^`^``~--`^`--------^---`—.--0 123 Declaration ................... 1.24 ..^--^.^------~---^----`^--``~--``^--'« Dedicated Common Area 1.25 `—.--`—^--^`^--'/ Deed ufTrust ~.--~.--`~—, / 1.26 DR5—^—~`^—`^---`---``^---.—,...�7 1.27 pon`y—`..^_,`^__`^_ ~^`—`^---^^^`--^—^---,.�7 1��8 FHA .—`^^._~__`~__ ^—`—^—^—`^~—`^—^—`—`^---`^-----.-7 1.28 FHL��C~—_,~_,_,~___----^—--`^-------�0 1�3V F�sSubd�v�iun—`^—^^--~^---``^---~---`~^--`.----0 1.31 FWMu\—.---.------` --~^—`^~`^—`~---^----^------« 1��Z .�NK88,.—---~^`--^—^--`-----^----`------..0 1.83 Golf C�bFuci|bien—`..--~^—^—~--`~`—```--`—`--------^----8 1-34 Go�C�h{)wmer.---..--~--`^--`^---`—^--~`--`—`--`----^« ��S |mprnven�aniu__^^`--~^--``~--`----^----``--0 1.36 Local Governmental Agency .--`---`~—^`^---`^---`^---`~—^—^--�u 1�]7 �o�.--~^--`^—`--^----^----.^---,'y 11.38 Manager`—`^--`—~--~~--^~^—`^—^----^^----.8 1��> Member,,_~,_~^—`^~~---'`--^—^---`--9 1.40 Merchant Builder —,..-—~`~—`^—'`—^—`^---^^9 1.41 � 9 1/��----^---—~^---`^—* Mortgagee/Mortgagor»Hearing 1/�� e and �,,`^^_—~^^``~^^—~~^—`^---~^--~^---`.—.—,8 1/�4 ��wner__—~~^—`^~—`^`^^—^`^^—~—^----.--,—,—�1O 1.45 Pm,00n.—,~~``^---`--`^---`.----.'10 1.45 Phase oyDevelopment ....................................................`~^---`^--'-----�1V 1/�7 10 1/A8 / ^,___---~--``^—^—~~---.^—`.--10 Property 1/�S Public 1��0 � --`~~---^--`~--`~^-------`^--`.---,�11 Reconstruction Assessment 1.51 0«u��d.Recorded, Recordation 1.52 Renen—^^^'--^~--~^—`—^^—`—^-------..—'11 1.53 Rasid*noe~~--~~^`___—~~^—`~_`^~~`^^~^---~--`~---,.---11 1.54 Rootrin1ionn^—.—._,,,_� ,-LV627262,4 2882^745938 /e//3/200208 o*o 1.55 Rules and Regulations ..................................... ---`-,-, . � 11 1.56 Special Assessment ~~-~~~-' ,,,___ ---^`^---~' 11 1.57 Supplemental Declaration ------~^-~-~~^^`~`-'--. ----^-`~-`~' 12 1.58 \�\ ,^~~,_~,_,^__~^_,_`^__,^_`^_`~~,~,~~_~,_,_.--^---..1J ARTICLE 11 DEVELOPMENT; LAND CLASSIFICATION; ANNEXATION -.--,.-`--`-^``~ 12 Z1 |nterpnetu8nnofDoc|aro�uo `--------~-`^^-^~-`-� ------`^-^`� 12 2.2 Fks�ubd��n�uod��ooi�oet�m � -`--`--`--`^^`~^^`~-'------' 13 3J Annexation ofAmnexoU�Area `^--`-'^---.......... ... ......................................... 13 ARTICLE III COMMON AREA;USES AND REGTRCT|ONS-.........--. --`--`--` 15 51 {�mnnn�'RghtsofErjuymer8 _______________^_,~,,~, ---� 15 3.2 __� ��------~`--^^--- 173.3 �~—n~~ """~°"~".~~~,~~,,.^--.--^----,~-...--... 10 3.4 Gonmmon&for Vehicular Tna�ho ~^_`. ^`^^- ---^-' 18 3.6 Waiver ufUse ��,�`�^`�,��,��,�``^��`��`��`........, --~^~-`-' 18 3.6 T�atothe Con�nnon/�ea ~~`~^~-~---^--^--`--~^^^,.,,.--. --`-18 37 � Taxes __^_,,^__^,_,~^`~,__~^_,^__~_________..-~~--`- 20 � 38 K�anb�Con�n�un�a�unoSy�h�nnnSon/ico�aannnont —'---------.,. 20 -`'^` � 39 /��o�ahonPn�pe�yYVa||Eaoen`�n|n ^^~`~~^``~`-~~'--`--.--' . 21 '`~~~ 310 Declarant Easements --`---------~--^^-~^-``^^--' --`^--^-- Z1 311 �-'n`-~~-r~"~,"-----------~^--.-`~.-,.~,.-.--.--' 22 . 312 Qoo��ontn*ond�1a��annoEa�omen� ..~.~^-~`--.^--------~^^-'�� ----' ARTICLE IV ASSOCIATION ......................... ........................................ --^~~^.~-,.., ----^- 41 � -�*~"�°"='~^`~`^`~^-`~^-'------`--`--`~--^^^`~^^^ 23 4.2 Nhe��buruhip..-...-..-`~-~~--~-~`.-.`-----`-----'~~^~` ARTICLE FUNCllON3OFTHE AGS0CNT|ON......-..--~------.-- ------27 . 51 Porm�edFunoLiono ^--^'-`^--`^^^^~~^`~~--~---`--.--' ----~� 27 52 PuvveromndDu1es `---------------~-`~^--`^-----�� ----� 27 S�3 RuenmndRegulatuns -----------`^^`~^-`~~-~~-----� -----' 83 54 UmtatonuonAuthohtycfOoaxdnrAanocaton ---`-^-`~^-..---. ----' 33 55 . Pn�h�hedAc�v�nu ~--~^-~^------------`---,.--,.� 34 5.6 UmtaomonLabltyofO��consandDirochos-.--,..-~^.-------- --�34 ARTICLE \8 FUNDS AND ASSESSMENTS ............. --..... ...... ...................... ..--- -----35 O1 � ° ~~~~-^~^-~~^`~^----------`-------~-,.� 35 -`-`-' 8.2 CoKeo�unand D�huruenoant -~^-`^^-'`------`---`---.....,... '-� 35 5�3 ��nm,non/�uuDan)eyeo,Neglect ----------------~^-.,.---... --� 36 6.4 Common Assessments ^-`~^-``^^~`^^-~---`---------- -�---~ ~.37 0.5 Cnmn�onommuntofComnoon&onoson,onk; --~-----`~--,.-^-``---' 37 8/0 Limitations pnCommon Assessment |ncroaoee --`.................................................. �� 38 [i7 |nop,uve,nen�Aaouoon`cn� Capital _^,_`~,^_`,,_~,___`------. ----' 48 O� � Exempt ^-`~^-^~^-~^^-``'-`'`---`--------' -. 41 h� Ren�mdh»aofthe Auam�o1inn ,,__`~______`______----^^.^-~,~' ----' 41 0.10 Nu�coofLien --^---------``-----`^-^--^~--,..-`.,.--- -� 42 O11 �Foreclosure^~~^`^~^-~--^^^-~^^`~~^---------' �u|m -- 42 6.12 CuhngofDebaub ~--^--`------^---^------....--,.-------4J ---- 013 Cumulative Remedies .................. ................................. -^............................................. 43 6.14 Mortgage Protection -Liens ............................................... ......... .... ... --------43 � 615 Priority ~ ~~--`~^-`~^--~`------------,..-'-.44 � ART|CLE\O| USE RESTRICTIONS ............ ........................................................................................ 44 7.11 Residential Use .......................................................................... ..................................... 44 7.2 Leasing ^-^^``^^-^-..................................................................... ........................... 45 73 � Landscaping .......................................................................... -......... -... .................... 45 74 Parking and Vehicular Restrictions ......................... `^.................................................... 45 11-uxe27261* 2802-745938 N 12/13/e00e69rwo 7.6 Insurance Rates .................................................................. ............................................ 4S 7.7 No Further Subdivision ................................................. .................................................. 5U 7.8 Signs ............................................................................................. .................................. 50 7.9 Aninm|s............................................................................ .............. ............................ 5O 710 Nuisances ....................................................................... ................................................ 51 7.11 Exterior Maintenance and Repair ............. .......... —,...... ........................................... 5Z 712 Drainage ......................................... .......................... ....... ............................................. 52 713 Water and Sewer Systems ........................... .............. ................... —............................ 60 714 NnHazardous Activities ............................................... .............. ................... ............... 53 715 Unsightly Articles ......................................... ............................. ....... .......................... _ 53 716 Temporary Prefabricated Skooturen/Dumpstero,................ ................... ,................... S4 717 NnMining mrDrilling ............................................................. ........................................ 54 718 Improvements and Alterations ............................................................ ........................ ... 54 718 Solar Heating Gystems...~...................~.—..—..—,.---. 55 7.20 VIEWS ....................................................... ..................................................................... 55 721 —,,............. ................................................... 55 7.22 Party Walls .~^...---.^.—~—^^`.~.---,..----'.........—..,55 7.23 Damage b)Residences-Reconstruction ........ ............... —............................................. 50 ART|CLEV1U ARCHITECTURAL CONTROL ............................. .......................................................... 56 01 Members of the Architectural Review Committee ................. ....... ....................... ......... 5O 0.2 Rights ofAppointment ............................................. ...... .................. ............................. S7 8.3 Review of Construction Activities .................................. .......................... ...................... 50 04 Applications ....................................................................... ... ............. ........................... 58 8.5 Meetings oythe Architectural Review Committee .................. ........................... ............. 6U 8.6 muWaiver cfFuture Approvals ........................ .............................................................. 61 UJ Compensation of Members .... .............. ....... --....................... ....................... ......... 61 8.8 Correction of Defects ............................................. ............................................... ......... 81 0.9 Scope of Review .... ............................................................ ........ .................. .......... 63 8.10 Variances .......................................... ................................... ................. ........................ 03 811 Pre -Approvals ............................................................... ....... ......................... ............... 08 8-12 Appeals ............................... .......................... ................. ............................................ ,64 ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA .................................. .... G4 91 Damages byOwners ............. .......................... ..................... ........................ ............ 04 9.2 Repair of Damages ................... ................ ...... ...... ...................... ........ ,............ --65 9.8 Condemnation ................... .................... ........................ ................. .......................... 85 94 Notice to Owners and Listed Mortgages ......................................................................... O5 ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION .............................................. hO 101 Interest ufDeclarant .................................................................................................... .05 10.2 Exemptions .......................................................................... —................... ................. O7 10.3 Easement Relocation ............ ..................................... ............... ................................... 89 104 Entry Gate Operations ............................... ..................................................................... G9 ARTICLE }(| INSURANCE ............... .................................................................................................... O8 111 ............................. —.......................................... —...... U9 11.2 Insurance Obligations o[Owners ..... .............................................................................. 70 11.3 Waiver oySubrogation .......... ............................... .................................................. ....... 70 114 Liability and Other Insurance .................................... .................................. ........... ....... 7Y 11.5 Notice of Expiration Requirements ............................................................................ ..... 72 ARTICUE)U7 GOLF CLUB FACILITIES .......................................................................................... ..... 72 12.1 General ............................ ...................... ........................................................................ 72 122 Reservation ............................................................................. ............................. .......... 74 123 Golf Course Liabilities ............................ ......................................................................... 75 ARTICLE X1|| MISCELLANEOUS ............................................ ... ... .... ................................................ 77 13.1 Term and Termination ....................................... .......................... .................................. T7 1UV527262.4 2602'745838 ��l��V�� m�� 4 of 104 13.2 Amendments ................................. ................ ......... `~—`^—`.--~~—~'^--^� 78 13.3 No�finnt�mofSale cf Lot; . _~'^^_~,~__`__ ----`--`----� 00 13.4 �NohQagaeProtection -General^^~^~~~~—~^^^------------- -------� 81 10.5 Nu�noa —~~—`^^---~^`------`----~^~—~^^—~^.... 83 13/5 Fn��noon��ntand Non-Na�er ``^^—`~^' --`^--^--^~`~^—^~~~~~,,...— � ~^^—`—' 83 � 13T �n�vpra��k�n.............................................................. —^~^``^--`—~^—~~^~—~—`^~^--------� --------' 8� 13.8 RaounmtioncfEanen�ents `—~^^^—~~—^~—^~^---------� ------~ 8V 13�> Nn9udi:R�htoJDeU�a�on —~—^^~~—~~~—^—`^---~--`� -------`' 8T 13.10 Disclosures ^^~--~^^^`--`^--.^—`~^—`~^^—~^-----� -------' D7 . 1311 No orVVunan1�o �^~''"""'°"°"� ----`~—`~^~`~~^--------, ----- 08 13`12 Stondu,dcKCon�Nun�hN4' " ``^~~`~~^`^^^^—^---~---^--- 88 13.13 Enhoun»m�$ntcfCm�ainBonded 0b|iga1�nu..---..—`.--,..--.----~-90 ---� 1314 � Priorities � ----`^------ 91 13.15 Dispute Resolution "—~--~~~~~^~`~^~~^^~—`~^--~^--.---`.--,.91 E%H|B[T.A" LEGAL DESCRIPTION <JFPROPERTY |NFIRST SUBDIVISION .................... ............ 1 E%H|B|T"Br DESCRIPTION OFASSOCIATION PROPERTY AND ASSOCIATION EASEMENT AREA |WFIRST SUBDIVISION .--------------------..1 5XH|Bq'^C" DESCRIPTION OFANNF}<ABLEAREA —,—^--.-------.---,1 892`745908 1a//o/ewpz AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration") is made by and between ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Declarant"), and ALBERT C. LAMPERTI and JUDITH E. LAMPERTI, husband and wife (together, "Lamperti"). Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof. A. NRI CCP I, LLC, a Delaware limited liability company ("Original Declarant"), executed that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert recorded on December 31, 2001 as Instrument No. 2001-652762 in the Office of the County Recorder of Riverside County (the "Office of the (Recorder") affecting that certain real property in the City of La Quinta, County of Riverside, State of California, described in Exhibit "A" and Exhibit "B" hereto, which property constitutes the First Subdivision, that certain Supplementary Declaration of Annexation of Property recorded on December 31, 2001 as Instrument No. 2001-652764 in the Office of the Recorder, and that certain First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert recorded on March 13, 2002 as Instrument No. 2001-132329 in the Office of the Recorder (collectively, the "Original Declaration"). B. Declarant, as successor -in -interest to Original Declarant, is the owner of the "Properties" (as hereinafter defined). C. This Declaration amends, restates and supersedes the Original Declaration in its entirely- D. All of the Properties will be developed with certain common objectives, and Owners of Lots will have certain common interests. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that all portions of the Properties are both burdened by the 1-LN827262.4 IIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��200se fSa 4 provisions of this Declaration for the benefit of the other portions of the Properties, and benefited by the burdens imposed on the other portions of the Properties. E. Declarant has deemed it desirable to create a common interest development pursuant to the Davis -Stirling Common Interest Development Act, including the Association formed under the Nonprofit Public Mutual Benefit Corporation Law of the State of California. The Association is delegated and assigned the powers and functions of (1) owning, maintaining and/or administering the Properties for the use of its Members and authorized guests, (2) administering and enforcing the Restrictions, and (3) collecting and disbursing the assessments and charges hereinafter created. F. All of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant, the Merchant Builders, and their successive owners and each Owner and his or her respective successors -in -interest; and (5) may be enforced by Declarant, any Merchant Builder, any Owner or the Association. ARTICLE I DEFINITIONS Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings specified below. 1.1 Annexable Area. The real property described In Exhibit "C", all or any portion of which property may be made subject to this Declaration pursuant to the provisions of Article II herein, below. 1•LFV827262.4 I ` 2t ` iIIIIIIII�IIIIIIIIIIIIIIIIIIIIII1111111IIIIIIIIIIIIIN iz2t30reoef 194BOB 1.2 Architectural Review Committee. The architectural and landscaping committee created pursuant to Article Vill herein, below. 1.3 Architectural Review Committee Rules, The Architectural Review Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended. 1.4 Articles. The Articles of incorporation of the Association, as amended. 1.5 Association. The Hideaway Owners Association, a California nonprofit mutual benefit corporation, its successors and assigns. The Association is an "Association" as defined in Section 1351(a) of the California Civil Code. 1.6 Association Easement Area. The area over which the Association has an easement or authorization for the use, care or maintenance thereof, for the common benefit, use and enjoyment of Owners as further provided in Article III of this Declaration. The Association Easement Area includes, without limitation (i) all walls, median strips, slopes, berms, landscaping, parkway areas, sidewalks, and irrigation and drainage systems in public property or public rights -of -way in or near the Properties designated for maintenance by the Association pursuant to (a) this Declaration; (b) any Supplemental Declaration; (c) an agreement between a Local Governmental Agency and Declarant, a Merchant Builder or the Association; or (d) on a Recorded subdivision or parcel map of the Properties, the maintenance of which is not the responsibility of a state, local or municipal governmental agency or entity (ii) the Association Property Walls as hereafter defined, and (III) areas adjacent to the Properties over which the Association is granted an easement. Without limiting the generality of the foregoing, the easement described in that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Amended Tract No. 29894-2 recorded on even date herewith in the Office of the County Recorder of Riverside County shall be an Association Easement Area. 1-L4,/627262.4 3 IIIIIIIIIIIIIIII III1III IIIIIIIIIill1111111111111111111 1228Of3 Of 164 1.7 Association Funds. The accounts created for Association receipts and disbursements pursuant to Article VI hereof. 1.8 Association Property. Any Lot or other real property or personal property owned in fee by the Association. 1.9 Association Property Wall. Any wall or fence which (i) separates a Lot from the immediately adjacent Common Area or Public Property, regardless of whether such wall or fence is (a) located on the common property line separating the Common Area or Public Property from the adjacent Lot, or (b) located wholly or partially within the Common Area, Public Property, or Lot immediately adjacent to such common property line, or (it) is otherwise designated as an Association Property Wall in any Supplemental Declaration. This term shall include, without limitation, any wall surrounding a well site owned by the Coachella Valley Water District, whether or not such wall is located on such lot or within Association (Property or adjacent to Association Property. Notwithstanding the foregoing, the term Association Property Wall does not include any wall or fence, which is the maintenance responsibility of a Local Governmental Agency or individual Lot Owner(s). Association Property Wall designations pursuant to this Declaration and any Supplemental Declaration, automatically include any Association Property Wall described in (i) above, in the applicable Phase of Development regardless of whether such Association Property Wall is specifically described herein or in the applicable Supplemental Declaration, 1.10 Beneficiary. A Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary. 1.11 Board. The board of directors of the Association elected in accordance with the Association Bylaws and this Declaration. 1.12 Budget. A written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. t-LA/s272sz.a q 2A0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIININ rz s .1' 104 en 1.13 Bylaws. The Association's Bylaws adopted or to be adopted by the Board. 1.14 Capital Improvement Assessment. A charge against the Owners and their Lots, representing the Association's costs to install or construct any Improvements on any portion of the Common Area. 1.15 city. The City of La Qulnta in the County of Riverside, State of California, and its various departments, divisions, employees and representatives. 1.16 Close of Escrow. The date on which a deed or other such instrument is Recorded conveying a Lot in the Properties pursuant to a transaction for which a Public Report is required, with the exception of (i) deeds between Declarant and (a) any successor to the rights of Declarant hereunder or (b) any Merchant Builder, or (ii) deeds between Merchant Builders. 1.17 Common Area. Common Area is the sum of all Association Property and all Association Easement Areas. Title to all or any portion of the Common Area may be subject to a prior dedication to a Local Governmental Agency. 1.18 Common Assessment. The charge against each Owner and his Lot, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Common Area, which charge shall be levied among all Owners and their respective Lots, as provided herein. Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in Its efforts to collect all assessments (other than Special Assessments) authorized pursuant to this Declaration. Each Lot which is subject to this Declaration shall bear a Common Assessment equal to the Common Expenses divided by the number of Lots then subject to this Declaration. 1-LN627262.4 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIII111NIIilllllllllllllllll 12113,12002 Go @GA 1.19 Common Expenses. Subject to Article VI, the actual and estimated costs of: maintaining, managing, operating, repairing and replacing the Common Area; unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment; managing and administering the Association including, but not limited to, compensation paid by the Association to Managers, accountants, attorneys and other consultants and employees; all utilities, gardening, and other services benefiting the Common Area; maintenance and staffing of controlled access facilities; roving security; management and maintenance of internet website(s) and related facilities; fire, casualty and liability insurance, worker's compensation insurance, and other insurance covering the Common Area; costs of dust control, maintenance of clustered mailbox structures (the mailboxes shall be the responsibility of the applicable Owner); bonding the Association Directors, officers, agents, employees and Manager; taxes paid by the Association; amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Area, or portions thereof, Including, without limitation, real property taxes or assessments, if any, levied against the Common Area; all Reserves; and all other items incurred by the Association pursuant to this Declaration. 1.20 Cost Center. One or more Improvements or maintenance areas located on a portion or portions of the Common Area, the maintenance or use of which Improvements or maintenance areas is fully or partially restricted to Owners of certain Lots as specified herein or in one or more Supplemental Declarations, and where the expenses of operating, maintaining and replacing such Improvements or maintenance areas are borne solely or disproportionately by such specified Owners. Cost Centers may be designated in connection with future Phases of Development annexed to the Properties. There are no Cost Centers in the First Subdivision. 1.21 County. The County of Riverside, in the State of California, and Its various departments, divisions, employees and representatives. t-we27262.a 6 IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIII IlliIMIIl N rz aI 04ee3B4eA 1.22 Declarant. NO La Quints Partners, LLC, its successors, and any other Person to which it assigns any of Its rights hereunder by an express written and Recorded assignment, Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as NO Le Quinta Partners. LLC, may impose in its sole and absolute discretion. As used in this Section, "successor" means any person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise. Declarant is a builder described in California Civil Code Section 1375. No Merchant Builder shall be a Declarant unless Declarant expressly assigns its rights and delegates its duties as Declarant to such Merchant Builder. 1.23 Declaration. This Amended and Restated Declaration of Covenants. Conditions and Restrictions and Reservation of Easements, as may be amended from time to time. 1.24 Dedicated Common Area. Any portion of the Common Area which is subject to an unaccepted offer of dedication to a Local Governmental Agency for public access, use or maintenance. Dedicated Common Area may include parks, trails, other recreational or open space amenities, landscaping areas or other Improvements. Dedicated Common Area specifically excludes Public Property, which is the maintenance responsibility of the Association. Dedicated Common Area shall be maintained and used by the Association and the Owners in the same manner as all other Common Area until the offer of dedication is accepted, whereupon (i) the Dedicated Common Area shall be maintained by the accepting Local Governmental Agency and shall bye available for use by the general public, and (ii) the Dedicated Common Area shall no longer constitute a part of;the Common Area. 1.25 Dead of Trust. A Mortgage as further defined herein. 1•LA/627252.4 7 1 IIIIII IfIIII I�I 11111111 Oil Ill Illil1ll III ON1111111 12 2 31 P 6e 0 : GOR 1.26 ORE. The California Department of Real Estate, or such other successor governmental agency of the State of California which administers the sale of subdivided lands pursuant to Sections 11000 et sec., of the California Business and Professions Code, or any similar California statute hereafter enacted. 1.27 Family. (1) A group of natural Persons related to each other by blood or legally related to each other by marriage or adoption, or (ii) a group of natural Persons not all so related who maintain a single common household in a Residence. 1.28 FHA. The Federal Housing Administration of the United States Department of Housing and Urban Development and any department or agency of the United States government which succeeds to the FHA's function of insuring notes secured by Mortgages on residential real estate. 129 FHLMC. The Federal Home Loan Mortgage Corporation created by Title II of the Emergency Home Finance Act of 1970, and its successors. 1.30 First Subdivision. The real property described in Exhibits "A" and "B" to this Declaration. 1.31 FNMA. The Federal National Mortgage Association, a government -sponsored private corporation established pursuant to Title VIII of the Housing and Urban Development Act of 1968, and its successors. 1.32 GNMA. The Government National Mortgage Association administered by the United States Department of Housing and Urban Development, and its successors. 1.33 Golf Club Facilities. The golf courses and related facilities including any golf practice facilities and the clubhouse, which will be part of the private golf club, which is not a part of the Properties or the Common Area, but is located adjacent to the Properties. The Golf Club Facilities shall not be subject to nor encumbered by this Declaration. 1-LA/627262.4 8 I11111111111111111111111111111111111111111111111111111 �20013aoF 184� 1.34 Golf Club Owner. ND La Quinta Partners, LLC, and Its successors and assigns, who from time to time own the Golf Club Facilities. 1.35 Improvements. All structures, landscaping and appurtenances thereto, including but not limited to buildings, outbuildings, walkways, clustered mailbox structures, sprinkler pipes, irrigation systems, storm drainage systems, garages, recreational facilities, roads, driveways, parking areas, fences, screening walls. Retaining walls, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, fire breaks, poles, antennae, signs, exterior air conditioning and water softener fixtures or equipment. 1.36 Local Governmental Agency. The County and City and any other local or municipal governmental entity or agency Including, without limitation, any special assessment district, maintenance district or community facilities district. 1.37 Lot. Any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon, but excepting any Association Property. 1.38 Manager. A Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as provided herein. 1.39 Member. A person holding a Membership in the Association. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein. 1.40 Merchant Builder. A Person who acquires a portion of the Properties for the purpose of development and resale to the general public, provided, however that the term "Merchant Builder" shall not mean Declarant. 1-LA/e272e2.4 I g I IIIII IIII� III IIIIIII IIII III IIIIIIII III IIIIII III IN I2/L�02M2 98 &A 1.41 Mortgage. Any mortgage or deed of trust or other conveyance of a Lot or other portion of the Properties to secure the performance of an obligation, which will be re -conveyed upon the completion of such performance, The term "Deed of Trust" or "Trust Deed" is synonymous with the term "Mortgage". 1.42 Mortgagee/Mortgagor. A Person to whom a Mortgage is made including the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages his or her property to another and including the Trustor under a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term 'Beneficiary" is synonymous with the term Mortgagee." 1.43 Notice and Hearing. Written notice and a hearing before the Board or the Architectural Review Committee, as applicable, as further provided herein or in the Bylaws. 1.44 Owner, A Person or Persons, including Declarant and Merchant Builders, holding a fee simple or long- term ground leasehold interest of Record to a Lot. The term "Owner" includes a seller under an executory contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term of ten (10) or more years. 1.45 Person. A natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property. 1.46 Phase of Development. (i) The First Subdivision, (ii) any portion of the Properties covered by a Supplemental Declaration for which a Public Report has been issued by the DRE, unless otherwise defined in such Supplemental Declaration, (ill) any portion of the Properties designated as a Phase of Development in a Recorded Supplemental Declaration (Including all amendments thereto) governing such property, or (Iv) if no Public Report is issued and there is no Phase of Development designation in the Supplemental Declaration for a Portion of the Properties, then all of the real property annexed pursuant to that Supplemental Declaration shall be a Phase of Development. I-L"27262.4 1 10 1111111111111111111111111111111111111111111111111111111112 2�0150of 1008fl 1.47 Properties. The First Subdivision, together with portions of the Annexable Area which are annexed to the property which is subject to this Declaration pursuant to Article 11 hereof. The Properties are a "common interest development" as defined in Section 1351(c) of the California Civil Code. 1.48 Public Property. All walls, median strips, slopes, berms, landscaping, equestrian trails, sidewalks and irrigation and drainage systems on public property designated for maintenance by a Local Government Agency pursuant to this Declaration, any Supplemental Declarations, any agreement or Recorded map. 1.49 Public Report. A Final Subdivision Public Report issued by DRE In compllance with Sections 11000 Et Seq. of the California Business and Professions Code, or any similar California statute hereafter enacted. 1.50 Reconstruction Assessment. A charge against each Owner and such Owner's Lot, representing a portion of the Association's cost to reconstruct any Improvements on the Common Area, pursuant to the provisions of this Declaration. 1.51 Record, Recorded, Recordation. The recordation or filing of any document in the Office of the Riverside County Recorder. 1.52 Reserves. Those Common Expenses for which Association funds are set aside pursuant to Article VI of this Declaration and Section 1365.5 of the California Civil Code for funding the periodic surface refurbishment, maintaining, repairing and replacing of the major components of the Common Area which would not reasonably be expected to recur on an annual or less frequent basis. Reserves shall be determined annually by the Board pursuant to maintenance cost guidelines established in accordance with prudent property management practices generally applied for "common interest developments" (as defined in Section 1351(c) of the California Civil Code) throughout the County. 1.53 Residence. A dwelling Intended for use and occupancy by a single Family and located on a Lot. t-LA1e27262.4 11 IIIIII IIIIII IIIIIIIIIiIIIIIIII IIIIIIIIIIIIIIIIIIIIIII 2@02-745938 12e0fl of 1104 1F 1,64 Restriationn, This Declaration, the Supplemental Declarations, the Articles, the Bylaws, the Architectural Review Committee Rules, the Rules and Regulations and the Association Guidelines. 1.55 Rules and Regulations. The rules and regulations adopted by the Board as provided herein. 1.66 Special Assessment. A charge against each Lot levied by the Association, calculated in the same manner as Common Assessments, in the event the collected Common Assessments are inadequate to meet the Common Expenses of the Association, plus interest and other charges on such Special Assessment as provided for in this Declaration. Special Assessment shall also refer to a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration. 1.57 Supplemental Declaration. Any declaration of covenants, conditions and restrictions and reservation of easements or similar document adding real property to the Properties or supplementing this Declaration which may be Recorded pursuant to Article II of this Declaration. 1.58 VA. The Department of Veterans Affairs of the United States of America and any department or agency of the United States government which succeeds to VA's function of issuing guarantees of notes secured by Mortgages on residential real estate. ARTICLE II DEVELOPMENT; LAND CLASSIFICATION; ANNEXATION 2.1 Interpretation of Declaration. As each Phase of Development is developed, Declarant or Declarant and a Merchant Builder may, with respect thereto, Record one (1) or more Supplemental Declarations which incorporate this Declaration by reference, which shall use classifications for the Phase of Development, and which may 12 1 W62rZe2.d �Ifllll l�IIII �II III�IIII II II��I�B�III II��IIII ■II�II� 12/l3 OA 1]eor 104 c0N2 745938 supplement this Declaration with such additional covenants, conditions, restrictions and land uses as Declarant may deem appropriate for the real property being annexed thereby ("Annexed Territory"). The provisions of any Supplemental Declaration may impose on the Annexed Territory such additional or more restrictive conditions, covenants, restrictions, land uses and limitations as Declarant or a Merchant Builder may deem advisable, taking into account the particularly requirements of the Annexed Territory; and any such conditions shall not be deemed to constitute a conflict with the provisions of this Declaration to the extent they can reasonably be interpreted to be consistent. If there is any conflict between and Supplemental Declaration and the Declaration, the provisions of the Supplemental Declaration shall control with respect to the Annexed Territory described in such Supplemental Declaration, although such documents shall be construed to be consistent with one another to the extent possible 2.2 First Subdivision Land Classification. 2.2.1 Lots. The portion of the First Subdivision described in Exhibit "A" are Lots on which residential Improvements will be constructed. 2.2.2 Common Area. The portion of the First Subdivision, if any, described In Exhibit "B" is classified as Common Area. Common Area designations pursuant to this Declaration and any Supplemental Declaration automatically include any Association Property Wall In the applicable Phase of Development, regardless of whether such Association Property Wall is specifically described In Exhibit "B" or the applicable Supplemental Declaration. 2.3 Annexation of Annexable Area. 2.3.1 Timing. Declarant and Merchant Builders may, but shall not be required to, at any time or from time to time, add to the Properties covered by this Declaration all or any portion of the Annexable Area by Recording a Supplemental Declaration with respect to the Annexed Territory covered thereby. Annexable Area may be added to the Properties without limitation as to time and without the approval of the Owners or the Association. Any proposed addition to the Properties of real property not located in the Annexable Area ("Other Area") shall require the approval of Members representing at least two thirds (2/3) of the voting power of the Association. 2.3.2 Declaration Coverage. Upon Recording a Supplemental Declaration, the covenants, conditions and restrictions contained in this Declaration shall apply to the Annexed Territory in 1-LA1627262.4 13 � INIII IIIIII III IIIIIIII �� III I811111 III HIM 1111111 �2 018eof tG4ea the same manner as if it were originally covered by this Declaration and originally constituted a portion of the Properties, subject to the provisions of the applicable Supplemental Declaration; and thereafter the rights, privileges, duties and liabilities of the Declarant and/or Merchant Builder with respect to the Annexed Territory shall be the same as with respect to the First Subdivision; and, within the Annexed Territory shall be the same as in the case of the Lots originally affected by this Declaration, subject to the Provisions of the applicable Supplemental Declaration. 2.3.3 Supplemental Declaration Content. The Supplemental Declaration annexing Annexed Territory shall contain at least the following provisions: (i) Declaration Reference. A reference to this Declaration, which reference shall state the date of Recordation hereof and the Instrument number or other relevant Recording data of the County Recorder's office; (Ii) Extension of Comprehensive Plan. A statement that the provisions of this Declaration shall apply to the Annexed Territory as set forth therein; (III) Description. A description of the Annexed Territory, including any Common Area and Public Property; and (Iv) Land Classification. The land classifications of the Annexed Territory. 2.3.4 Approval of Annexation. Each Supplemental Declaration shall be signed by Declarant and by each Record owner of the Annexed Territory. For any annexation of Other Area, each Supplemental Declaration must be signed by the Record owner of the Annexed Territory and by an officer of the Association, certifying that the approval of the requisite percentage of Members has been obtained. 2.3.5 Phasing; Amendments. A Supplemental Declaration may cover one (1) or more Phases of Development, as designated in such Supplemental Declaration. A Supplemental Declaration which specifies that the Annexed Territory shall comprise a single Phase of Development may be amended prior to the commencement of Common Assessments within the Annexed Territory by an amendment to such Supplemental Declaration executed by all parties required to sign the Supplemental Declaration and thereafter Recorded, which amendment (1) specifies that the Annexed Territory shall comprise more than one (1) Phase of Development and identifies each such Phase of Development within the Annexed Territory, and (ii) Identifies which portions of the Common Area, if any, 1-LA/e272e2.4 14 Illllllillllllllllllll11IN1111111111111111111111IN z20029 of iN described in the previously Recorded Supplemental Declaration are to be included in each such designated Phase of Development. 2.3.6 Deannexation and Amendment. With respect to a Phase of Development or any part thereof, which is owed by Declarant (other than Public Property and Dedicated Common Area), Declarant may unilaterally amend a Supplemental Declaration or delete all or a portion of such Phase of Development from coverage of this Declaration and the jurisdiction of the Association. With respect to a Phase of Development or any part thereof which is owed by a Merchant Builder (other than Public Property and Dedicated Common Area), such Merchant Builder, with the express consent of Declarant, may amend a Supplemental Declaration or delete all or a portion of such Phase of Development from coverage of this Declaration and the jurisdiction of the Association. The foregoing rights of Declarant and/or a Merchant Builder to de -annex are subject to the following requirements: (1) a Notice of Deletion of Territory or an amendment to the Supplemental Declaration, as applicable, is Recorded in the same manner as the applicable Supplemental Declaration, (2) no Class A or Class B Association vote has been exercised with respect to any portion of such Phase of Development, (3) Common Assessments have not yet commenced with respect to any portion of such Phase of Development, (4) there has been no Close of Escrow for the sale of any Lot in such Phase of Development, (5) the Association has not made any expenditures or incurred any obligations with respect to any portion of such Phase of Development, and (6) if such Phase of Development consists of area as to which VA or FHA has issued a "project approval" (i.e. has agreed to guarantee or insure loans secured by Mortgages on Lots located in such Phase of Development), VA, FHA or both, as applicable, have approved such deannexation or amendment. Notwithstanding the foregoing, Declarant may also unilaterally amend a Supplemental Declaration as provided in Section 13.2.1 hereof. ARTICLE III COMMON AREA; USES AND RESTRICTIONS 3.1 Owners' Rights of Enjoyment. Every Owner and, to the extent permitted by such Owner pursuant to the Restrictions, such Owner's Family, guests, invitees, lessees, and contract purchasers who resided in such Owner's Lot ("Owner Representatives"), shall have a right of ingress and egress and of enjoyment in, to and over the +-uv627=.4 15 �IIIIIIIIIIII911III01111IN111111111 IIIII11111111 12�a020 z5e104eA Association Property which shall be appurtenant to and shall pass with title to every Lot, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than Public Property) and the following provisions: 3.1.1 Additional Common Area. The right of Declarant or any Merchant Builder to designate additional Common Area pursuant to the terms of Article It hereof. 3.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Common Area and any recreational and other facilities located thereon, including, but not limited to, the right and obligation of the Association to enforce all parking restrictions for parking areas within the Common Area as set forth in Section 3.3 below. 3.1.3 Guests. The Association's right to reasonably limit the number of guests of Owners using the Common Area and any facilities thereon. The Rules and Regulations may specify a maximum number of guests which an Owner may admit to the Common Area recreational facilities at one time without first obtaining the Association's prior written authorization. The Rules and Regulations may also require a deposit or other arrangements before Owners may use the Common Area facilities for such large groups of guests. 3.1.4 Fees. The Association's right to charge reasonable admission and other fees for the use of any facilities situated upon the Common Area. 3.1.5 Suspension of Rights. The Association's right to suspend the Membership rights and other rights and easements of any Owner and such Owner's Owner Representatives to use the Common Area and the facilities and Improvements located thereon, for any period during which any assessment against such Owner's Lot remains unpaid and delinquent; and for a period not to exceed thirty (30) days for any non -continuing infraction of the Rules and Regulations of the Association as more fully provided in the Bylaws. Any suspension of Membership rights or right to use any Common Area facilities (1) shall be made only by the Board, after Notice and Hearing, and (ii) shall not limit or preclude pedestrian or vehicular access to such Owner's Lot. 3.1.6 Common Area Transfers. The Association's rights set forth in Section 5.2.4 of this Declaration and Declarant's rights set forth in Article X hereof. 1-LM27262.4 16 IIIlilll IIIIIIII11111I 111111111111111111111111111 12 02 of 104 3.1.7 Use By Declarant and Merchant Builders. The right of Declarant and Merchant Builders (and their employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Common Area, for the benefit of Declarant or the Merchant Builders of the Annexable Area or any combination thereof, to complete the construction of any landscaping, utilities or other Improvements to be installed thereon, as well as the right to nonexclusive use of the Association Property and the facilities thereof, without charge, for sales, display, access, ingress, egress, exhibition and occasional special events for promotional purposes, which right Declarant hereby reserves; provided, however, that such use rights shall terminate on the earlier of (I) the expiration of twenty (20) years after the first Close of Escrow for a Lot in the Properties, or (ii) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties and all of the Annexable Area has been added to the Properties. Such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein. 3.1.8 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Area, in accordance with the Association Guidelines, the Architectural Review Committee Rules and the original design, finish or standard of construction of such Improvement or of the other Improvements within any Phase of Development. 3.1.9 Maintenance. The Association's right to maintain and repair and replace the Common Area and all Improvements located thereon. 3.1.10 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to slopes and other sensitive landscaped areas, maintenance facilities, open space areas and similar areas of the Common Area. In addition, in the Supplemental Declaration, Declarant may designate exclusive use areas within the Association Property for the exclusive use or maintenance by one or more Owners, and Declarant hereby reserves a perpetual easement burdening each Lot of the Association Property for such purposes, together with the right to assign such easement to one or more Merchant Builders. The Association shall have exclusive control over all of the Common Area except for Public Property and any exclusive use or maintenance area designated in a Supplemental Declaration or pursuant to Section 5.2.4 below. 1-we272e2.4 17 IIIIIIIIIIIIIII �e IIIIIIII MI lit11111111111 Hill 111111 12/22 5B 1938 040fl 3.2 Delegation of Use. The Owner of a Lot may delegate, in accordance with the Restrictions, the Owner's right of enjoyment of the Common Area and facilities to the Owner's Owner Representatives who occupy the Owner's Lot, subject to reasonable regulation by the Board. An Owner who does not reside in his Residence and who has delegated his right of enjoyment of the Common Area to a tenant or contract purchaser who occupies the Residence shall not be entitled to the use and enjoyment of any recreational facilities located on the Common Area during the term of such delegation. 3.3 Parking and Traffic Control. Temporary guest Is permitted within the Common Area only within spaces and areas clearly marked for such purpose. The Association, through the Board, is empowered to establish "parking" and restricted "guest parking " and "no parking" areas within the Common Area in accordance with Section 22658 and 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce theses parking limitations through its officers and agents by all means lawful for such enforcement on public streets, including the removal of any violating vehicle. The Board is also authorized and empowered to request that the City or other applicable agency enforce the California Vehicle Code on any private streets within the Properties, if any, including any Common Area private streets, pursuant to applicable ordinances and provisions of the California Vehicle Code permitting governmental enforcement thereof. 3.4 Easements for Vehicular Traffic. In addition to the general easements for use of the Common Area reserved herein, Declarant hereby reserves to itself, to all future Owners within the Properties, and to every Owner and their respective Owner Representative nonexclusive easements appurtenant to each Lot In the Properties for vehicular and pedestrian traffic over any and all private streets and walkways, If any, within the Common Area, subject to the Restrictions. Declarant, on behalf of itself and all Merchant Builders, reserves the right to grant similar easements to owners of property in the Annexable Area whether or not annexed to the Properties. 1•W627262.4 ii II +18 It��ll II�III �II III�IIIi Itll II� Il�lltll �II IIIII'� tl II'I 2 2092-745938 t2 ezae A rB S 3.5 Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Common Area or any facilities thereon or by abandonment of his Lot or any other property in the Properties. 3.6 Title to the Common Area. 3.6.1 Transfer. As each Phase of Development is developed by Declarant or a Merchant Builder, Declarant or such Merchant Builder, as applicable, will convey or cause to be conveyed to the Association, in fee simple or by easement, the Common Area (excluding Public Property) in such Phase of Development designated by Declarant in its sole discretion, free and clear of any and all monetary encumbrances and liens (other than nondelinquent taxes and assessments), subject to reservations, easements, covenants, and conditions then of record, including those set forth in this Declaration, or as contained In the deed conveying such Common Area. Such conveyance shall either be completed before the first Close of Escrow for a Lot in such Phase of Development, or completed and/or conveyed to the Association after the first Close of Escrow in accordance with the requirements of the DRE. No Owner shall interfere with the exercise by the Association of its rights hereunder or its easement for maintenance over Common Area which is owned in fee by such Owner. 3.6.2 Commencement of Maintenance. Notwithstanding any conveyance of Common Area to the Association, the Association's responsibility to maintain the Common Area located In any Phase of Development shall begin on the commencement of Common Assessments in such Phase of Development; except that, if such Phase of Development consists of only Common Area, the Association's maintenance responsibility therefor shall commence on the first day of the month Immediately following the month in which the deed or easement is Recorded conveying such property or easement to the Association. Notwithstanding the prior sentence, the conveyance of an easement to the Association, including without limitation, the conveyance of an easement burdening the road lots described in that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Amended Tract No. 29894-2 and recorded on even date herewith in the Office of the County Recorder of Riverside County, shalt not result in the commencement of the Association's maintenance responsibility if 1-LAlfi27262.t 19 �IIIIIIIIIBIIIIIIIIIIIIIIII11III11111 IIIBII11111111 rz @02 aof 194OP the easement expressly provides that the owner of the burdened property shall be responsible for maintenance of the easement area. Prior to the commencement of the Association's maintenance responsibility, such maintenance shall be the responsibility of Declarant or the Merchant Builder, as applicable, depending on whether such Phase of Development is being developed by Declarant or a Merchant Builder. Notwithstanding the foregoing, if the contractors or subcontractors of Declarant or a Merchant Builder are contractually obligated to maintain the landscaping or other Improvements on the Common Area, the Association shall not interfere with the performance of such warranty or other contractual maintenance obligations. Such maintenance performed by the contractors or subcontractors of Declarant or Merchant Builders shall not postpone the commencement of Common Assessments pursuant to this Declaration nor entitle an Owner to claim any offset or reduction in the amount of such assessments. If the Dedicated Common Area or any other portion of the Common Area is dedicated to and accepted for maintenance by a Local Governmental Agency, then the Association may but need not maintain the area If the Local Governmental Agency either falls to maintain the area or elects to cease maintaining the area. 3.6.3 Character of Common Area Improvements. The nature, design, quantity, quality and all other attributes of the Common Area, and the facilities and amenities thereon, shall be determined in Declarant's sole and absolute discretion. The Association shall be unconditionally obligated to accept title to and maintenance responsibility for the Common Area when such title and maintenance responsibility is tendered by Declarant alone or together with a Merchant Builder. If a dispute arises between the Association and Declarant or any Merchant Builder in connection with the nature, design, quantity, quality or other attributes of the Common Area, the completion thereof, the state of title thereto or the acceptance of title or maintenance responsibility therefor (a "Common Area Dispute"), then the Association shall be obligated to accept title to and assume maintenance responsibility for such Common Area and the Improvements and facilities thereon pending resolution of such Common Area Dispute. 3.7 Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of such Owner's Lot. If, in the t-W627262.4 20 �11111111111111111111111111111 111111111111111111 �zau5aof 184aR Association's opinion, any taxes or assessments constitute a lien on the Common Area, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Common Area and attributable to such Owners own Lot. 3.8 Master Communications Systems Service Easement. All of the Properties are subject to nonexclusive easements of access, ingress, and egress, for purposes of installing, operating, maintaining, repairing, inspecting, removing and replacing the community antenna television system, and other communication service lines, facilities, and equipment, for the benefit of Declarant and it subsidiaries, transferees, successors and assigns, as reserved and granted by reservations and conveyances of record and the provisions hereof. Such easements are freely transferable by Declarant to any other individual or entity and their successive owners for the purpose of providing a community antenna television system and communication services to the Properties, any portion thereof, and any adjoining property or property In the vicinity of the Properties. All such community antenna television and communication lines, facilities and equipment shall remain the property of Declarant, its subsidiaries, successors, transferees and assigns, and transfer of all or any portion of the Properties does not Imply the transfer of any such community antenna television and communication easements or the lines, facilities or equipment located thereon. Exercise of the easements reserved in this Section shall not unreasonably interfere with the reasonable use and enjoyment of the Properties. 3.9 Association Property Wall Easements. Declarant reserves to the benefit of the Association (I) an easement over those portions of the Lots within three (3) feet of the common property line separating the Common Area from such Lots for the purpose of accommodating footings and other structural components, if any, of the Association Property Wall located on or immediately adjacent to such common property a boundary line, including any encroachments thereof onto the Lots; and (ii) an easement of access, ingress and egress over the Lots reasonably necessary for the maintenance, repair and replacement of Association Property Walls and related Improvements. 1.L /6272B2.6 21 IillllIIIIIIIIIIIIIIIIIoil III llllllllIII IIIIIIIIIIIII 12- 26eof 1040R 3.10 Declarant Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over all Association Property and Lots for installation and maintenance of utilities and drainage facilities shown on a subdivision map or maps for the Properties or, if not so shown, reasonably necessary, in the sole opinion of Declarant, for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devises and Improvements which may be reasonably necessary for the development and marketing of Residences within the Properties and Annexable Area, including, but not limited to, water, sewer, gas, telephone, electrical, television, storm drain and water lines (collectively the "Facilities"). Each Owner by accepting a deed to a Residence expressly consents to the foregoing easements and rights of way and authorizes and appoints Declarant (so long as Declarant owns all or any portion of the Properties or Annexable Area) as attorney -in -fact of such Owner to execute any and all instruments particularly describing, locating, granting or transferring such easements or rights of way. Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority. Declarant also reserves the right to grant easements over the Association Property, or any portion thereof for exclusive use by any Owner or Owners of a contiguous Lot for which Close of Escrow has already occurred, as a yard, recreational, gardening or landscape area. Any such easement will be conveyed by the Declarant prior to conveying the last Lot In the Properties or any portion of the Annexable Area. Such conveyance must be approved in advance by the Board. 3.11 Regular Inspection. 3.11.1 Duty to Inspect. It shall be the duty of the Board to have the Common Area Inspected at least once every 3 years. 3.11.2 Purpose of Inspection. The purpose of the inspection shall be to (i) determine whether the Common Area is being maintained adequately In accordance with the Association Guidelines and such other prudent maintenance practices appropriate for Improvements such as those comprising the Common Area, (II) identify the condition of the Common Area and any Improvements thereon including the existence of any hazards or defects, and the need for performing additional maintenance, 1.uv627262.4 I + +22I I J IIIIIIIilIIIII��Illglll zae IN rz2 042RRegOR refurbishment, replacement, or repair, and (iil) recommend preventive actions (such as root pruning and tree removal) which may be taken to reduce potential maintenance costs to be incurred in the future. 3.11.3 Scope of Inspection. All of the Common Area and improvements thereon Including, but not limited to, all structures, gates, walls, walkways, irrigation systems, landscaping, and drainage devices thereon shall be inspected. 3.11.4 Experts and Consultants. The Board may employ such experts and consultants as are necessary to perform the inspection and make the report required by this Section. 3.11.5 Report to Owners. The Board shall have a written report of the results of the inspection of the Common Area required by this Section furnished to Owners within the time set forth for furnishing Owners with the Budget. The report shall include at least the following: (i) a description of the condition of the Common Area, including a list of items inspected, and the status of maintenance, repair and need for replacement of all such items; (ii) a description of all maintenance, repair and replacement planned for the ensuing fiscal year and included in the Budget; for such deferment; (iii) if any maintenance, repair or replacement is to be deferred, the reason (Iv) a summary of all reports of inspections performed by any expert or consultant employed by the Board to perform Inspections; (v) a report of the status of compliance with the maintenance, replacement and repair needs set forth in the inspection report for the preceding years; and, (vi) such other matters as the Board deems appropriate. 3.12 Dust Control and Maintenance Easement. The Declarant, so long as Declarant owns a Lot in the Properties, and the Association shall have the right and an easement to enter upon any Lot for the purpose of maintaining and taking reasonable measures to control dust, overgrowth and/or landscaping until such time as the Owner of the Lot has commenced construction of a residence on the Lot pursuant to plans approved by the Architectural Review Committee. Any such costs incurred for such dust control and/or maintenance shall be a part of the Common Expenses and charged as a Common Assessment. 1-W627262.4 23 �1IIIIIlollIII11111111111111111111111111111111111111112, a2 0of tG4eA ARTICLE IV ASSOCIATION 4.1 Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or.Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration. 4.2 Membership. Members of the Association are Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, and each Owner (including Declarant and any Merchant Builder) of one (1) or more Lots in the Properties. Membership in the Association is subject to the Restrictions. Excepting the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot owned by each Owner, and ownership of a Lot is the sole qualification for an Owner's Membership in the Association. 4.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows: {I) Class A. The Class A Members are all Owners, except Declarant and Merchant Builders shall not be Class A Members for so long as there exists a Class B Membership. Class A Members are assigned one (1) vote for each Lot owned by such Member which is subject to assessments. (II) Class B. The Class B Members are Declarant and the Merchant Builders. The Class B Members are assigned three (3) votes for each Lot owned by such Member which is subject to assessment. Votes of the Class B Members may be exercised by Declarant on behalf of the Class B Members. The Class B Membership shall be converted to Class A Membership on the date ("Class B Termination Date") which is the earlier to occur of the following events: f •MU7262.4 24 I llllll11111111111111111111111111111111111111111111111112 2002 eOf 1049R (A) The Close of Escrow for the sale of 368 Lots in the overall development composed of the Properties and Annexable Area. (B) The fifth (5") anniversary of the first Close of Escrow in the Phase of Development for which a Final Subdivision Public Report was most recently issued by the DRE. (C) The twenty-fifth (25�") anniversary of the first Close of Escrow for the sale of a Lot in the Properties. (Iil) Class C. The Class C Member shall be Declarant irrespective of whether Declarant is or is not an Owner. The Class C Membership shall not be considered a part of the voting power of the Association and Declarant is not entitled to exercise any Class C vote except for the purpose of electing those members of the Board, which the Class C Membership is entitled to elect hereunder. The Class C Member is entitled to solely elect a majority of the members of the Board until the Class C Termination Date. The "Class C Termination Date" shall be the earlier to occur of the following events: (A) The Close of Escrow for the sale of 368 Lots in the overall development composed of the Properties and Annexable Area. (B) The fifth (51b) anniversary of the first Close of Escrow in the Phase of Development for which a Final Subdivision Public Report was most recently issued by the ORE. (C) The twenty-fifth (2e) anniversary of the first Close of Escrow for the sale of a Lot In the Properties. Commencing on the date on which Declarant no longer has an elected or appointed representative(s) on the Board, and continuing until the date on which Declarant no longer owns a Lot in the Properties or any portion of the Annexable Area, the Association shall provide Declarant with written notice of all meetings of the Board as if Declarant were an Owner and Declarant shall be entitled to have a representative present at all such Board meetings ("Declarant's Representative"). The Declarant's Representative shall be present in an advisory capacity only and shall not be a Board member or have any right to vote on matters coming before the Board. 4.2.2 Transfer of Membership. An Owner's Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant t-LA/627262.4 25 IIIIII IIIIII III IIIIIII III! 1il IIIIIII! III IIII IIIII IIII 2 200 30 e 508 84� Lot, and then only to the purchaser or Mortgagee of such Lot. Declarant's Class C Membership may not be transferred except to a successor to all or a part of Declarant's rights under this Declaration. Any attempt to make a prohibited Membership transfer is void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser, such delegation shall be in writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot until fee title to the Lot is transferred. If the Owner of any Lot fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's' Lot upon transfer of fee title thereto, the Board may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records. 4.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Special Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Member's obligation to pay the assessments provided for herein. 4.2.4 Joint Ownership Votes. The vote that is attributed to each Lot may not be cast on a fractional basis. If the Lot has more than one Owner and the Owners are unable to agree as to how the vote should be cast, the vote shall be forfeited on the matter in question. If one Owner casts the vote attributed to a Lot, the vole shall conclusively bind all the Owners of that Lot. If more than one Owner casts the vote attributed to a Lot in any matter In which only one vote could be cast for that Lot, the votes cost by such Owners shall not be counted and shall be considered void. 4.2.5 Cumulative Voting. The election of members to the Board may be by cumulative voting as described herein, provided an Owner has placed a candidate's name in nomination prior to the voting and given notice at the meeting prior to the voting of the Owner's intention to cumulate t-LA/627262.4 26 IIIIIIIIIIIIIIIIIIIIIIIIMIIIIIIIIIIIIIII oil 111IIIIII 1 1002 0.f 104BR votes. If any Owner has given such notice, then all Owners shall have the right to cumulate their votes for candidates in nomination. Under cumulative voting, each Owner, either in person or by Proxy, may give a single candidate the number of votes equal to the number of directors to be elected multiplied by the number of votes the Owner is entitled to exercise under this Declaration, or the Owner may distribute these cumulated votes among any two or more candidates as the Owner desires. The candidates receiving the highest number of votes up to the number of Board members to be elected shall be elected, unless the entire Board is removed by a vote of the Owners, an individual director may not be removed prior to the expiration of his or her term if the votes against removal would have been sufficient to elect that director if cast cumulatively at an election at which the same total number of votes were cast and all directors authorized at the time of the most recent election of that director were being elected. These cumulative voting provisions do not apply to the election of special directors by Owners other than Declarant under the provisions set forth in the Bylaws. ARTICLE V FUNCTIONS OF THE ASSOCIATION 5.1 Permitted Functions. The Association Is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (1) equipping, maintaining, operating and utilizing the Common Area, including the social, recreational and other Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Common Area, and (iii) administering and enforcing the Restrictions (collectively, the "Permitted Functions"). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 5.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions. Nothing in this Section 5.1 shall be deemed to preclude the use of the Common Area facilities by Declarant or the Merchant Builders for promotional special events and other purposes as authorized by Section 3.1.7. 5.2 Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts 1•LWe27262.4 27 I+I I�IIII �IIIII II� III�IIII IIII I�I i1lII��I 3 II� IIII� �II) I��I 12/1302Go 2eofe n whleh may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has: 5.2.1 Assessments. The power and duty to levy assessments on the Owners of Lots in Phases of Development in which assessments have commenced and to collect and enforce payment of such assessments in accordance with the provisions of Article VI hereof. 5.2.2 Repair and Maintenance. The power and duty to accept title to and to paint, plant, maintain and repair In a neat and attractive condition, all Common Area and all private streets, trails and drives, open space, slopes, private drainage facilities, streetscape architecture, landscaping, utilities, recreational facilities, Association Property Walls, fences or other Improvements thereon, in a safe, sanitary and attractive condition and in good order and repair, and to pay for utilities, gardening and other necessary services for the Common Area. Subject to the Restrictions, all of the foregoing obligations of the Association shall be discharged when and in such manner as the Board determines in its judgment to be appropriate, provided that the Association shall (1) comply with the Association Guidelines, and (ii) conform with the requirements of any agreements entered Into between Declarant or any Merchant Builder and a Local Governmental Agency pertaining to the Properties Including, without limitation, any agreements providing for the maintenance of Public Property by the Association. 5.2.3 Exclusions from Maintenance. Notwithstanding the immediately preceding Subsection, the Association shall have no responsibility to provide the services referred to in this Subsection with respect to (a) any Dedicated Common Area which is accepted by a Local Governmental Agency for maintenance, or (b) any other Improvement (including without limitation parkway areas, median strips, trails and sidewalks) which is accepted for maintenance by any state or Local Governmental Agency. Such responsibility shall be that of the applicable agency. 5.2.4 Right to Impose Sanctions for Violations of Declaration. In addition to any other enforcement rights described in this Declaration and the Bylaws, or authorized by law and subject to any restriction s on the Association's enforcement rights, including any due process requirements, imposed by this Declaration, the Bylaws, or by law, the Association may take any of the following actions against any person or entity whose act or failure to act violates or threatens to violate any provision of this Declaration, the Bylaws, or Rules and Regulations: 1.LA1827282.4 28 IIII IIIIIIIIIIIIIiIIIIIII IIIII)IIIII IIII III IN 1228Fe 0898:WR 33 or 194 A. impose monetary penalties, including late charges and interest; B. suspend voting rights in the Association; C. suspend use privileges for the Common Area; and, D. commence a legal action for damages, Injunctive relief, or both. The determination of whether to impose any of the foregoing sanctions shall be within the sole discretion of the Association. Any legal action may be brought in the name of the Association on its own behalf and on behalf of any Owner who consents, and the prevailing party In any such action shall be entitled to recover costs and reasonable attorneys' fees. The Association may take more than one of the foregoing enforcement actions against any one violation or threatened violation, provided that a suspension of use privileges shall not exceed 60 days (unless the suspension is for delinquent assessments) and a monetary penalty shall not exceed $250.00 (excluding late charges imposed for delinquent assessments) for any on violation. The Association, in its sole discretion, may resolve or settle any dispute, including any legal action, under such terms and conditions as it considers appropriate. The Association may not cause a forfeiture or abridgement of any Owner's right to the full use and enjoyment of his or her Lot except by judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments duly levied by the Association. If any Owner fails to cure a default within sixty (60) days after written notice to that Owner, the Association shall give the notice required in Section 13*1 to the Mortgagee of record. 5.2.5 Right to Delegate Powers and Duties; Professional Management. The Association may delegate any of its powers and duties to its employees, committees, or agents, including a professional management agent. Any agreement for professional management of the development shall be terminable by either party with or without cause and without payment of a termination fee on thirty (30) days written notice. The term of any such agreement shall not exceed one year except as otherwise specifically provided in this Declaration, although such agreement may be renewed form year to year by the Association. If the development is professionally maintained or managed, the Board shall not terminate professional management and assume self -management without the consent of 75% of first Mortgageees. 1-W827282.4 29 IlliilllllllllllllllllllllllllllllllllllIIIIIIIIII IN ,zzs 34 ofeINOR 5.2.8 Payment of Taxes and Assessments. The Association shall pay all real and personal property taxes and assessments and all other taxes levied against the Association, the Common Area, or the personal property owned by the Association. Such taxes and assessments may be contested or compromised by the Association, provided that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. 6.2.7 Legal and Accounting Services. Subject to Section 5.2.10, the power but not the duty, if deemed appropriate by the Board, to retain and pay for legal and accounting services necessary or proper in operating the Common Area, enforcing the Restrictions, and performing any of the other Association duties or rights. 5.2.8 Contracts. Except as otherwise approved by the DRE and as provided in this Declaration, neither Declarant nor any of its agents shall enter any contract which would bind the Association or the Board for a period in excess of one (1) year. 5.2.9 Litigation. Subject to Sections 13.6 and 13.15, the power but not the duty to initiate, defend, settle or Intervene In mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters pertaining to (I) the application or enforcement of the Restrictions and (ii) damage to the Common Area. Any recovery by the Association with respect to any damage to or defect in the Common Area shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Common Area damage or defect. 5.2.10 Enforcement of Bonded Obligations. If the Association is the obligee under a bond or other arrangement to secure performance of a commitment of the Declarant or its successors or assigns to complete Common Area improvements, not completed at the time the DRE issues a final subdivision public report for the latest phase of the Project, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any improvement for which a notice of completion has not been filed by the later of (i) sixty (60) days after the completion date specified for that Improvement in the "planned construction statement" appended to the bond, or (ii) thirty (30) days after the expiration of any written extension given by the Association. If the Board falls to consider and vote on the action to enforce the obligations under the bond, or If the Board decides not to initiate action to enforce the obligations under the bond, then on 14Lve27292.4 I 30 II IIIIIIillll��I(IIII IIII (IIIIIIIiI IIIIIIIIIIN 12�aa3 0of 1048fl receipt of a petition signed by Owners representing not less than five percent of the total voting power of the Association, the Board shall call a special meeting of Owners for the purpose of voting to override the decision of the Board not to Initiate action or to compel the Board to take action to enforce the obligations under the Bond. The Board shall give written notice of the meeting to all Owners entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of Owners. The meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt of the petition. At the meeting, the vote in person or by proxy of a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the bond shall be considered the decision of the Association and the Board shall implement this decision by initiating and pursuing appropriate action in the name of the Association. The Board shall have the power and duty to release security and exonerate bonds posted by Declarant to secure obligations to the Association immediately upon satisfaction of the obligations giving rise to such security. 5.2.11 Preparation and Distribution of Financial Statements, Reports, and Copies of Governing Documents. The Association shall prepare and distribute the following financial statement, reports, and copies of the governing instruments as Indicated: A. A balance sheet rendered as of an accounting date that is the last day of the month closest In tlme to six months form the date of closing of the first sale of a Lot ("accounting date"), and an operating statement for the period commencing with the date of closing of the first sale and ending on the accounting date. The operating statement shalt include a schedule of assessments received or receivable Identified by the Lot number and the name of the Owner assessed. Copies of the balance sheet and operating statement shall be distributed to each Owner and any mortgagee that has requested a copy within sixty (60) days after the accounting date. B. A pro forma operating budget for each fiscal year consisting of: (1) estimated revenue and expenses on an accrual basis, (II) amount of cash reserves currently available for replacement or major repair of Common Area facilities and for contingencies, and (ill) an itemized estimate of the remaining life of the major components of the Common Area for which the Association is responsible, a description of the methods of funding used to defray the costs of future repairs. I-W6272e2.4 1 II 31 (illlllllllllllllllllllllll llllllllllllllllill 5 IIII IIII 12 1j 3A 20164OR replacements, or additions to such components, and a general statement of the procedures used by the Board In calculating and establishing reserves to defray such costs. The budget shall be prepared consistently with the prior fiscal year's pro forma operating budget, and shall include adequate reserves for contingencies and for maintenance, repairs and replacement of the Common Area improvements and other Association owned or maintained improvements or personal property, which reserves shall be sufficient to satisfy the requirement of any institutional Mortgagee. A copy of the preliminary pro forma operating budget shall be prepared and distributed to each Owner and any Mortgagee that has requested a copy not less than ninety (90) days prior to the beginning of the fiscal year for which the budget applies; a copy of the final budget shall be distributed to each Owner and any Mortgagee that has requested a copy not less than forty-five (45) days prior to the beginning of that fiscal year. Any Owner or Mortgagee may submit written comments on the preliminary or final pro forma operating budgets to the Board. C. An annual report consisting of a balance sheet rendered as of the last day of the fiscal year, an operating statement for the fiscal year, and a statement of changes in financial position for the fiscal year. A copy of the annual report shall be distributed to each Owner and any Mortgagee that has requested a copy within 120 days after the close of the fiscal year. In any fiscal year in which the gross income of the Association exceeds $75,000, a copy of the review of the annual report prepared by a licensed public accountant in accordance with generally accepted accounting principles shall be distributed with the annual report. If the annual report is not reviewed by an independent accountant, the report shall be accompanied by the certificate of an authorized officer of the Association that the report was prepared form the books and records of the Association without independent audit or review. D. A statement of the Association's policies and practices In enforcing its remedies against Owners for delinquent Common Assessments or Special Assessments Including the recording and foreclosing of liens against a delinquent Owner's Lot. A copy of this statement shall be distributed to each Owner and any Mortgagee that has requested a copy within sixty (60) days prior to the beginning of each fiscal year. E. Copies of this Declaration, the Articles, Bylaws, Rules and Regulations and the statement regarding delinquent assessments as ddscribed in Section 6.9 shall be provided any t-1A627262.4 32 1111111111 III 1111 III 111111111111111111111111 z�ee37 of 104 Owner within ten (10) days of the mailing or delivery of a written request. The Board may impose a fee to provide these materials not to exceed the Association's reasonable costs in preparing and reproducing the materials. 5.2.12 Other Duties. The Association shall perform such other acts as may be reasonably necessary to exercise its power or perform its duties under any of the provisions of this Declaration, the Articles, Bylaws, Rules and Regulations, or Board resolutions. 5.3 Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper for the use, occupancy and maintenance of the Properties. To be effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Common Area or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with this Declaration, any applicable Supplemental Declaration, the Articles and the Bylaws, and may not be used to amend any of such documents. 5.4 Limitations on Authority of Board or Association. Except with the vote or written assent of the Owners holding 51 percent of the voting rights of each class of Owners, if two classes exist, or, if only one class exists, 51 percent of the voting rights of all Owners and 51 percent of the voting rights of all Owners other than Declarant, the Board shall not take any of the following actions: 5.4.1 Incur aggregate expenditures for capital improvement to the Common Area in any fiscal year in excess of five percent of the budgeted gross expenses of the Association for that fiscal year; 5.4.2 Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent of the budgeted gross expenses of the Association for that fiscal year; t.uua2�262.a 33 z IIIII��III11191111IIIl�l�111111 III(IIIII11111 ee38 oof 104 A 5.4.3 Pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business, provided that the Board may reimburse a member for expenses incurred in carrying on the business of the Association; or 5.4.4 Enter into a contract with a third person to furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptions; FHA or VA; A. A management contract, the terms of which have been approved by the B. A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest term for which the supplier will contract at the regulated rate; and, C. Prepaid casualty or liability insurance policies not to exceed three years duration provided the policy permits for short rate cancellation by the insurer. 5.5 Prohibited Activities. Notwithstanding any other provisions of this Declaration or the other Restrictions, the Association is expressly prohibited from undertaking or performing any of the following activities, or expending or otherwise utilizing Association funds or resources therefor, and the following activities shall not constitute Permitted Functions of the Association. 5.5.1 Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Phases of Development in which Common Assessments have commenced. 5.5.2 Political Activities. The Association shall not (i) participate in Federal, State and local political activities or activities intended to influence a governmental action affecting areas outside the boundaries of the Properties (e.g. endorsement or support of (1) legislative or administrative actions by a Local Governmental Agency which affect persons or property outside the Properties, (2) candidates for elected or appointed office, and (3) ballot proposals) or (ii) conduct, sponsor, participate in or expend funds or resources on any activity, campaign or event, including without limitation any social or Political campaign, event or activity, which does not directly and exclusively pertain to a Permitted Function. 1 •IA/627262.6 34 111111 IIIIII 111111111111111111111111 It 1111111111111 12/ 2002-745938 13/2W2 00940P 5.6 Limitation on Liability of Officers and Directors. No director, officer, committee member, employee or other agent of the Association, including the Declarant or any agent of the Declarant when acting in such capacity, shall be liable to any Owner or any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of any such person if such person has acted in good faith and in a manner such person reasonably believed to be in the best interests of the Association. ARTICLE A FUNDS AND ASSESSMENTS 6.1 Obligation. Declarant and any Merchant Builder, for each Lot owned by Declarant or such Merchant Builder which is subject to assessment, hereby covenants and every other Owner of any Lot, by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in such deed or such other instrument, is deemed to covenant to pay to the Association (1) annual Common Assessments (including any assessments for the maintenance of Cost Centers) for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided, All assessments, together with interest, cost, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which such assessments is made (provided that Special Assessments liens arising from a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, cannot be enforced under Sections 2924, 2924(b), and 2924(c) of the California Civil Code). The personal obligation of assessments shall not pass to the successors -in -title to any Owner, unless expressly assumed by them. 6.2 Collection and Disbursement. To the extent permitted by Section 1365.5 of the California Civil Code, the Board may elect to maintain separate bank accounts for the working account and the reserve account as a financial control to qualify for reduced fidelity insurance coverage under the Freddie Mac and Fannie Mae regulations as 1-t.A/627262.4 35 �IIIIIIIIIIIIIII IIIIIIINIIIIIIIIIIII 1161 IN IN Zzaeaa of 104aA set forth in this Declaration. However, in any event, the accounting records of the Association must reflect that the deposits and disbursements are made in a manner that will insure that the funds collected as Common Assessments to cover the Common Expenses (including reserves), Special Assessments to cover Budget shortfalls (including reserves), Capital Improvement Assessments to cover capital improvements and Reconstruction Assessments to cover the reconstruction of damaged or destroyed insured Improvements, wilt be used only for the purposes for which such funds were collected. Any reserves included as Common Expenses and paid as part of the Common Assessments or reserves included as Special Assessments and paid as part of a Special Assessment can only be used for the purposes and in the manner set forth in this Declaration. 6.2.1 General Operations. Disbursements shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. Nothing contained herein shall preclude the establishment of additional Association Funds by the Association earmarked for specified purposes authorized by the Restrictions. The Association shall not impose or collect an assessment, penalty or fee, which exceeds the amount necessary for the purpose or purposes for which it is levied. If the Association decides to use or transfer Reserve funds to pay for litigation, the Association must notify its Members of the decision in the next available mailing, Such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the Reserve funds will be replaced, and a proposed budget for the litigation. The notice must state that the Members have a rights to review an accounting for the litigation as provided in Section 1365.5 of the California Civil Code which will be available at the Association's office. The accounting shall be updated monthly. 6.3 Common Area Damage or Neglect. If any maintenance, repair or replacement of the Common Area (including, without limitation, damage to any Association Property Wail or parkway adjacent to a Lot or Common Area) is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or such Owner's Representatives, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefor shall be levied against such Owner; provided, however, that the liability of an individual Owner for such damage to the Common Area t-IJd6272e2.4 36 I II�III I�IIII I�' IIIIIIIl I1II III IIIII�1I lII II1II IIII IN iz.20E,1112062 ee 9194 shall not be absolute, but shall only be that for which the Owner is legally responsible under California law. The foregoing shall include, without limitation, any settlement damage to any Association Property Wall and wall footings adjoining a Lot or Common Area caused by excavation, construction or excess irrigation occurring on such adjacent Lot or Common Area. 6.4 Common Assessments. Common Assessments shall be the amount necessary, in the aggregate, to pay the Common Expenses, including reserve expenses. The Board shall set the Common Assessments prior to the commencement of the fiscal year of the Association at the time the Board adopts the Budget for such fiscal year. Common Assessments shall be levied against the Owners of Lots in the First Phase of Development in which Common Assessments commence in the amounts as set forth in the Budget. Thereafter, as Common Assessments commence with respect to each Phase of Development, the Common Assessments shall be adjusted, subject to the provisions of Section 6.6 below, in accordance with the combined Budget of the Association approved by the Board from time to time. 6.5 Commencement of Common Assessments. 6.5.1 Commencement Date. Common Assessments shall commence as to Lots in any Phase of Development requiring the issuance of a Public Report by the DRE on the first day of the first month following the month in which the first Close of Escrow occurs for the sale of a Lot in such Phase of Development. 6.5.2 Payment Procedure. The initial annual Common Assessment shall be levied in accordance with the most recent Budget on file with and approved by the DRE. Written notice of any increase in the amount of the Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first Gass mail to every Owner subject thereto, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. All installments of Common Assessments shall be collected monthly. 6.5.3 Exemption. Subject to the provisions of any subsidy agreement approved by the DRE, notwithstanding any other provision of this Declaration, until (1) a notice of completion (if applicable) of a Common Area Improvement has been Recorded, (ii) such Common Area Improvement 1-W627262.4 37 IIIIIIIIIIIIIIIIIIII III 11111111111lllll II III 122A042 ofe104� has been placed into use, or (iii) the completion date for such Common Area Improvement specified in the Planned Construction Statement on file with the DIRE with respect to such Common Area Improvement, whichever occurs first, each Owner (including Declarant and the Merchant Builders) is exempt from paying that portion of any Common Assessment which is for the purpose of defraying expenses and Reserves directly attributable to the existence and use of such Common Area Improvement. 6.6 Limitations on Common Assessment Increases. Subject to Section 6.6.4 below, the Board shall not levy, for any fiscal year, an annual Common Assessment which exceeds the "Maximum Authorized Common Assessment" as determined pursuant to Sections 6.6.1 and 6.6.2 below, unless first approved by the vote of Members representing at least (i) in the case of an increase in the Common Assessment which does not pertain to a Cost Center, a majority of votes at a meeting or written ballot of Members in which more than fifty percent (50%) of the total voting power of the Association is represented, and (ii) in the case of an increase in a component of a Common Assessment which does pertain to a Cost Center, a majority of votes at a meeting or written ballot of the Members subject to the Cost Center generating such increase in the Common Assessment at which more than fifty percent (50%) of the total voting power attributable to such Cost Center is represented. 6.6.1 Maximum Authorized Common Assessment for Initial Year of Operations. Until the first day of the fiscal year immediately following the fiscal year in which Common Assessments commence, the Maximum Authorized Common Assessment per Lot is one hundred twenty percent (120%) of the amount of Common Assessments disclosed in the current Budget of the Association filed with the DRE at the time Common Assessments commence. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any, Notwithstanding the foregoing, this Section does not limit Common Assessment increases authorized pursuant to Section 6.6.4 below, or necessary to address an Emergency Situation as defined in Section 6.6.5 below. 6.6.2 Maximum Authorized Assessment for Subsequent Fiscal Years. Beginning with the fiscal year immediately following the fiscal year in which Common Assessments commence, the t-w622262.4 38 IIIIIIIIIII III IIIIIIII IIII III IIIIIIII III IIIIII III III 122004 0250104�� Maximum Authorized Common Assessment in any fiscal year is one hundred twenty percent (120%) of the level of Common Assessments levied in the immediately preceding fiscal year; provided that distribution of the Budget for the current fiscal year in accordance with Section 1365(a) of the California Civil Code or other applicable law is a prerequisite to any increase in the Maximum Authorized Common Assessment for such fiscal year pursuant to this Subsection. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any. Notwithstanding the foregoing, this Section does not limit Common Assessment increases authorized pursuant to Section 6.6.4 below, or necessary to address an Emergency Situation as defined in Section 6.6.5 below. 6.6.3 Special Assessments. If, in any fiscal year of the Association, the Board determines that the Common Assessments collected are less than the amount necessary to fund the important and essential functions of the Association, it may levy one or more Special Assessments, subject to the limitation that all Special Assessments levied in the course of any such fiscal year may not exceed five (5) percent of the Budget for such fiscal year. The foregoing limitation shall not apply to Special Assessments which are levied against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions. 6.6.4 Automatic Assessment Increases. Notwithstanding any other provisions of this Declaration, upon the annexation of additional Phases of Development pursuant to Article II hereof, the Common Assessments shall be automatically increased by the amount, if any, necessary to maintain the Common Area located within such additional Phases of Development in accordance with the standards prescribed by the then current "Operating Cost Manual' published by the DIRE or, if the Operating Cost Manual is no longer published by the DIRE, pursuant to standards prescribed by comparable maintenance cost guidelines prepared in accordance with prudent property management practices for "common interest developments" (as defined in Section 1351(c) of the California Civil Code) consistently applied throughout the geographic region in which the Properties are located, However, such increase shall occur only if the amount of such increase does not result in the levy of a Common 1-W627262.4 39 1111111111111111111111111111111111111111111111111111111 2004 eofe 1649E Assessment which exceeds the upper range of Common Assessments disclosed in all previously issued Public Reports for the Properties. If annexation of Common Area results in an increase in the Common Assessment which is permissible under this Subsection 6.6.4, then the Association shall be obligated to collect such increased Common Assessment and accept title to and assume the maintenance responsibility for such Common Area. However, to minimize the need for frequent adjustments in the amount of the Common Assessments during the development of the Properties, the Board may stabilize the amount of the Common Assessments invoiced to the Association during the time that Common Assessments are fluctuating due to the periodic annexation of Lots and Common Area. By accepting title to a Lot in the Properties, each Owner consents to the Common Assessment increases specified herein. 6.6.5 Emergency Situations. For purposes of Sections 6.6.1, 6.6.2 and 6.7, an "Emergency Situation" is any of the following: a court; (i) Court Ordered Items. An extraordinary expense required by an order of (ii) Safety Items. An extraordinary expense necessary to repair or maintain the Common Area or any portion thereof for which the Association is responsible when a threat to the safety of Persons within the Properties is discovered; and (iii) Reasonably Unforeseen Items. An extraordinary expense necessary to repair or maintain the Common Area or any portion thereof for which the Association is responsible that could not have been reasonably foreseen by the Board when preparing the Budget. Prior to the imposition or collection of an assessment pursuant to this Subsection (iii), the Board must pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expenses was not or could not have been reasonably foreseen in the budgeting process. The resolution shall be distributed to the Members with the notice of the assessment. 6.7 Capital Improvement Assessment. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or In part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Common Area, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require the 1-W627262.4 40 I IIIIII III I III Ililll llll 111 llllllll II IIIIII III IIIi 12.2004-938 82f 10 OF vote of Members representing at least a majority of votes at a meeting or written ballot of Members in which is represented more than fifty percent (50%) of the total voting power attributable to Members subject to such Capital Improvement Assessment. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing an Emergency Situation as defined in Section 6.6.5. All Capital Improvement Assessments must be levied against all Lots in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board. 6.8 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority; the Common Area owned in fee by the Association. 6.9 Remedies of the Association. Any installment of a Common Assessment, Capital Improvement Assessment, Special Assessment, or Reconstruction Assessment not paid within thirty (30) days after the due date shall bear interest from the due date of such installment at a rate determined by the Board, but in no event more than the then maximum non -usurious rate permitted by law. Additionally, the Board may levy a late charge in accordance with California Civil Code Section 1366 or any successive law or ordinance in addition to the interest charged as described above to compensate the Association for increased bookkeeping, billing and other administrative costs. No such late charge on any delinquent installment of an assessment shall exceed the maximum amount allowable bylaw. If any installment of an assessment is not paid within thirty (30) days after it is due, the Association may bring an action at law against the Owner(s) personally obligated to pay the same, or, with respect to Common Assessments, Capital Improvement Assessments, Special Assessments (except as provided below) and Reconstruction Assessments, foreclose the lien against the Lot. Special Assessments which are levied against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, shall not be enforced under 1-W827252.4 41 111111111111111111111111111111111111111111111111111111 1zP6921902 of 106084 Section 2924, 2924(b), or 2924(c) of the California Civil Code. No Owner may escape liability for the assessments provided for herein by relinquishment of the Membership, or by nonuse of the Common Area or abandonment of the Lot. In addition to the foreclosure and other remedies granted the Association herein, each Owner by acceptance of a deed to such Owner's Lot hereby conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot, subject to the right, power and authority of the Association to collect and apply such rents, issues and profits to any delinquent assessments owed by such Owner, reserving to the Owner the right, prior to any default by the Owner in the payment of assessments, to collect and retain such rents, issues and profits as they may become due and payable. Upon any such default the Association may, upon the expiration of thirty (30) days following delivery to the Owner of the "Notice of Assessment" described herein, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of an security for the indebtedness secured by the lien described herein, (i) enter in or upon and take possession of the Lot or any part thereof, (ii) in the Association's name sue for or otherwise collect such rents, issues and profits, including those part due and unpaid, and (iii) apply the same, less allowable expenses of operation, to any delinquencies of the Owner hereunder, and in such order as the Association may determine. The entering upon and taking possession of the Lot, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6.10 Notice of Lien. No action may be brought to enforce any assessment lien herein, unless at least thirty (30) days have expired following the date a Notice of Lien is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Lot, and a copy thereof has been Recorded by the Association. The Notice of Lien shall be in such form and shall contain such information required by Section 1367(b) of the California Civil Code, or any similar California Stature hereafter enacted, and must be signed and acknowledged by an officer of the Association or such other Person expressly authorized by the Board to sign Notices of Liens, and such lien shall be prior to any declaration of homestead Recorded after the date on which this Declaration is Recorded. The lien shall continue until fully paid or otherwise satisfied. 1-LVU7262.4 I ! 42 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1 12"13/elf 3GSop 4 6.11 Foreclosure Sale. With the exception of Special Assessments liens (which may only be foreclosed judicially), a sale to foreclose the assessment lien may be conducted by the trustee designated in the Notice of Lien (or any successor trustee substituted therefor) in accordance with the provisions of Sections 2924. 2924a, 29241b, 2924c, and 2924f of the California Civil Code, or in accordance with any similar stature hereafter enacted applicable to the exercise of powers of sale in Deeds of Trust or in any other manner permitted by law. The Association, through duly authorized agents, may bid on the Lot, at foreclosure sale, and may acquire and hold, lease, mortgage, and convey the same. Upon completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the Lot and the defaulting Owner shall be required to pay the reasonable rental value of the Lot during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. 6.12 Curing of Default. Upon the timely curing of any default for which the Association filed a Notice of Lien, the Association shall Record an appropriate Release of Lien, upon payment by the defaulting Owner of a reasonable fee to be determined by the Board to cover the cost of preparing and Recording such release. A certificate, executed and acknowledged by any officer of the Association, or such other person expressly authorized by the Board, stating the indebtedness secured by the liens upon any Lot created hereunder, shall be conclusive upon the Association and the Owners as to the amount of such indebtedness as of the date of the certificate in favor of all persons who rely thereon in good faith. Such certificate shall be furnished to any Owner upon request at a reasonable fee, to be determined by the Board. 6.13 Cumulative Remedies. The assessment lien and the rights of foreclosure and sale thereunder are in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have against any delinquent Owner hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided. 1-t.we27262.4 Jf 43 Ir �IIIIIIIIIIIIIII IIIIIII IN IIIill111111111111111111111 (2280 8PP2fP 104 6.14 Mortgage Protection -Liens. Subject to Section 6.15 below, no lien created under this Article VI, nor any breach of this Declaration, nor the enforcement of any provision hereof or of any Supplemental Declaration hereto defeats or renders invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title. 6.15 Priority of Assessment Lien. Mortgages Recorded before a Notice of Lien have lien priority over the Notice of Lien. The sale or transfer (including and "deed in lieu" of foreclosure) of any Lot does not affect the assessment lien; except that the sale or transfer of any Lot pursuant to judicial or nonjudicial foreclosure of a first Mortgage Recorded prior to a Notice of Lien extinguishes the lien of such assessment as to payments which became due prior to such foreclosure sale or transfer. No sale or transfer relieves such Lot from lien rights for any assessments thereafter becoming due. No Person who obtains title to a Lot through judicial or nonjudicial foreclosure, of the first Mortgage Is liable for the share of the Common Expenses or assessments chargeable to such Lot which became due prior to the acquisition of title to such Lot by such Person_ Such unpaid share of Common Expenses, including the Lot belonging to such person. ARTICLE VII USE RESTRICTIONS Subject to the exemptions of Declarant and Merchant Builder, the Properties shall be held, used and enjoyed subject to the following restrictions. Supplemental Declarations may establish supplementary or more restrictive use restrictions for Annexed Territory so long as the restrictions are generally consistent with the scheme of government that is established in this Declaration and any Supplemental Declaration. Supplemental Declarations may add use restrictions or replace the use restrictions contained in this Article for the Annexed Territory such Supplemental Declaration encumbers. 1-M627262.4 44 10111111111111111111111111111 12 2092-745938 7.1 Residential Use. All Lots shall be improved and used solely for single -Family residential use. This provision does not preclude an Owner in the Properties from renting or leasing all of his Lot by means of a written lease or rental agreement subject to the Restrictions. No Lot may ever be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or other such nonresidential purposes; except Declarant and Merchant Builders, their successors and assigns, may use any portion of the Properties owned by them for model home sites and display and sales offices during the construction and sales period, in accordance with Article X hereof. 7.2 Leasing. An Owner is permitted to lease or rent Owner's Lot. However, any lease or rental agreement shall be in writing and for a term of not less than thirty (30) days, except as permitted by any governmental authority, and any tenant shall abide by and be subject to all terms and provisions of this Declaration, the Articles, the Bylaws, and the Rules and Regulations; and any lease or rental agreement shall comply with Section 7.1 and shall specify that failure to abide by such provisions shall be a default under the lease or rental agreement. 7.3 Landscaping. Within one hundred eighty (180) days after the Close of Escrow for the sale of a Lot, the Owner must install and must thereafter maintain (except for any landscaping to be maintained by the Association) plants, shrubs, trees, and any other appropriate landscaping Improvements, pursuant to plans and specifications approved by the Architectural Review Committee, on all yard areas that are on or are assigned as exclusive use easement areas of the Lot. Each Owner must properly maintain and periodically replace when necessary all trees, plants, grass, vegetation and other landscaping Improvements located on such Owner's Lot which are not the maintenance responsibility the Association. No plants or seeds infected with insects or plant diseases may be brought upon, grown or permitted to exist upon any part of the Properties. Subject to Article Vill, the Board may adopt, amend or supplement the Architectural Review Committee Rules to regulate landscaping permitted and required in the Properties. If an Owner fails to install and maintain landscaping in conformance with the Architectural Review Committee Rules, or allows his Lot or landscaping to deteriorate to a dangerous, unsafe, t-LA/6272f A 45 1z�ee IIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIII IIII 5e ofeR 104 unsightly or unattractive condition, the Board, upon thirty (30) days prior written notice to such Owner, may seek any remedies at law or in equity which it may have and, after Notice and Hearing, may correct such condition and enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner as set forth in this Declaration. 7.4 Parking and Vehicular Restrictions. 7.4.1 Authorized Vehicles. The following vehicles are "Authorized Vehicles": standard passenger vehicles, including without limitation automobiles, passenger vans designed to accommodate ten (10) or fewer people, motorcycles and pick-up trucks having a manufacturer's rating or payload capacity of three-quarter (3/4) ton or less and golf carts. Authorized Vehicles may be parked in any portion of the Properties intended for parking of motorized vehicles and/or golf carts, as the case may be, subject to the Restrictions. Golf carts must be parked in enclosed garages overnight. No Owner may park any vehicle in a manner so that the Association determines that the vehicle unreasonably extends beyond the boundaries of a parking space or into streets or sidewalks within the Properties. The Association has the power to identify additional vehicles as Authorized Vehicles to adapt this restriction to new types of vehicles produced by manufacturers. 7.4.2 Prohibited Vehicles. The following vehicles are "Prohibited Vehicles": (i) recreational vehicles (e.g. motorhomes, travel trailers, camper vans, boats, etc.); (ii) commercial -type vehicles (e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks, limousines, etc.); (III) buses or vans designed to accommodate more than ten (10) people; (iv) vehicles having more than two (2) axles, (v) trailers, inoperable vehicles or parts of vehicles, (vi) aircraft, (vii) any vehicle with a width in excess of eighty-four (84) inches; (viii) other similar vehicles; or, (ix) any vehicle or vehicular equipment deemed a nuisance by the Board. Prohibited Vehices may not be parked, stored or kept on any public or private street within, adjacent to or visible from the Properties, any other Common Area parking area or any driveways, unless either (a) they are owned and used by the Association in connection with management of maintenance of a part of the Properties, or (b) they are parked for brief periods for loading, unloading, deliveries or as may otherwise be defined in the Rules and Regulations. If a vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumes to be a 1-M627262.4 46 1111111111111111111111111111111111111111111111111111111 122N5 Bafe104 Prohibited Vehicle, unless the vehicle is expressly classified as an Authorized Vehicle in writing by the Board. Prohibited Vehicles may be parked (1) within an Owner's fully enclosed garage with the door closed, or (2) on Lots in areas completely screened from the view of other Owners so long as their presence on the Properties does not otherwise violate the provisions of the Restrictions. The Association has the power to identify additional vehicles as Prohibited Vehicles in the Rules and Regulations to adapt this restriction to new types of vehicles produced by manufacturers. 7.4.3 General Restrictions. All vehicles owned or operated by or within the control of an Owner or Owner Representatives and kept within the Properties must be parked in the assigned parking space or garage of that Owner to the extent of the space available; provided that each Owner shall ensure that any such parking space or garage accommodates at least the number of Authorized Vehicles for which it was originally constructed by Declarant or a Merchant Builder. Garages or other parking areas must be used only for parking vehicles, and may not be used for storage, living, recreational, business or other purposes. Driveways may not be used for parking purposes if the Owner's garage is not being utilized to the maximum designed capacity for the parking of vehicles, or if to do so obstructs free traffic Flow, constitutes a nuisance, violates the Rules and Regulations, or otherwise creates a safety hazard. Garage doors shall be kept closed at all times, except as reasonably required for ingress to and egress from the interiors of the garages, No repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle or equipment may be conducted upon any street (public or private), any portion of any Common Area or Lot, except wholly within an enclosed garage; provided, however, that such activity within an enclosed garage may not be undertaken as a business, and Provided further that such activity may be prohibited entirely if it is determined by the Board to be a nuisance. The Board may determine, in its discretion, whether there is noncompliance with the parking and vehicular restrictions contained herein. The Board in its discretion may approve temporary variances from the provisions of this Subsection 7.4.3. Any such variance (i) shall be authorized only in connection with Construction Activities (as defined in Section 8.3 hereof) approved by the Architectural Review Committee, (ii) must be evidenced in writing signed by an authorized representative of the Association, and (iii) must specify the limited period of time for which the variance is effective. These restrictions do not permit any activity which would be contrary to any ordinance of the City or other applicable Local t-LV627262.4 47 IIIIIIIIIIIIIII II11111111111111111111111111111111111 rz.?3052 25a04� Governmental Agency including without limitation the parking of other vehicles on those portions of private streets prohibited by the City or applicable local governmental agency. 7.4.4 Parking Regulations. The Board may establish additional regulations regarding any parking areas not assigned to individual Lots, including without limitation designating "parking", "guest parking" and "no parking" areas thereon, setting time limits for parking vehicles in the Common Area parking areas, and requiring registration of vehicles or use of parking permits; and may enforce all parking and vehicle use regulations applicable to the Properties, including removing violating vehicles from the Properties pursuant to California Vehicle Code Section 22658.2 or other applicable ordinances and statutes. If the Board fails to enforce any of the parking or vehicle use regulations, the City may enforce such regulations in accordance with applicable laws and ordinances. If the City fails to enforce any of its parking ordinances on public streets within or abutting the Properties, the Association has the power but not the duty to enforce such ordinances against Owners and residents of the Properties. 7.4.5 Common Driveways. Certain groups of Lots in the Properties ("Driveway Group") may share a common access driveway ("Common Driveway"), which provides access only to the Driveway Group. The Common Driveway shared by each Driveway Group is shown on the Residential Subdivision Map(s) for the Properties. Each Common Driveway is part of the Common Area and will be owned and maintained by the Association. The Owners of Lots in a Driveway Group shall each have semi -exclusive easements for vehicular and pedestrian access, ingress and egress over the Common Driveway serving such Driveway Group, subject to Association access for maintenance of adjacent Common Area. No other Owners or residents of the Properties may use such Common Driveway, which is hereby designated to be for the exclusive use of the Owners of the Driveway Group, as contemplated by Section 1351(i) of the California Civil Code. There shall be no parking on the Common Driveways. Provided, however, that the foregoing shall not preclude the parking of service and similar vehicles on Common Driveways if (i) parking space is not available in the driveway located on the Lot within the Driveway Group being serviced by such vehicles; (it) such parking is for temporary service purposes not to exceed the amount of time necessary to complete the service, but in no event longer than eight (8) consecutive hours; and (iii) no vehicle shall be parked so as to unreasonably obstruct vehicular access to other Lots within the Driveway Group. -uv6272e2.4 IIIIIIIIIIIIIIINIIIIIIIIIIINIIIIIIIIIIIilllll1111111121131200, 06 @&F1 2002-745938 7.5 Antennae. Owners are prohibited from installing any antennae on the exterior of a Residence for any purpose, except for an "Authorized Antenna," which may be installed so long as the proposed location for such installation is reviewed by the Architectural Review Committee before the installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Review Committee may require that the location of the Authorized Antenna be moved so long as such review by the Architectural Review Committee does not (a) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (b) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (c) preclude acceptable quality reception. An "Authorized Antenna" means (i) an antenna designed to receive direct broadcast satellite service, including direct -to -home satellite service, that Is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (III) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii) and (III) above. The Association may adopt additional restrictions on installation or use of an Authorized Antenna on an Owner's Residence as a part of the Association's Rules and Regulations so long as such restrictions do not (1) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (2) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (3) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized Antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers, agents or employees of the Association and other Owners, or for any other safety related reason established by the Association. The Association may also (A) prohibit an Owner from installing an Authorized Antenna on property which such Owner does not own or is not entitled to exclusively use or control under the Restrictions, or (B) allow an Owner to install an antenna other than an Authorized Antenna subject to the architectural standards and review by the Architectural Review Committee. 49 1-LPJ627262.4 fllllll l��III I�I III��I�I IIII II�III��II II�II��II II �II� 12�13�540oi 1614 2002 745938 This Section is intended to be a restatement of the authority granted to the Association under the law. All amendments, modifications, restatements and interpretations of the law applicable to the installation, use or maintenance of an antenna shall be interpreted to amend, modify, restate or interpret this Section. 7.6 Insurance Rates. Nothing shall be done or kept in the Properties which will increase the rate of insurance on any Lot, Common Area or other portion of the Properties without the approval of the Board, nor shall anything be done or kept in the Properties which would result in the cancellation of insurance on any Lot, Common Area or other portion of the Properties or which would be in violation of any law. 7.7 No Further Subdivision. Except as expressly authorized in a Supplemental Declaration, no Common Area or Lot may be further subdivided (including division into time-share estates or time-share uses as defined in Section 11003.5 of the California Business and Professions Code) without the prior written approval of the Board. Nothing in this Section shall be deemed to prevent an Owner from, or require the approval of the Board for: (a) selling a Lot; or (b) transferring or selling any Lot to more than one (1) Person to be held by them as tenants in common, joint tenants, tenants by the entirety or as community property; or (c) leasing or renting all of such Owner's Lot, provided that any such lease or rental is subject to the Restrictions. 7.8 Signs. No sign, poster, billboard, balloon advertising device or other display of any kind ("Displays") may be displayed within the Properties except (i) such Displays (regardless of size, configuration, location or content) as may be used by Declarant or a Merchant Builder in connection with the development of the Properties and the sale, lease or other disposition of Lots, (ii) entry monuments and similar community identification signs maintained by the Association, and, (iii) subject to Architectural Review Committee Rules governing the location, size, materials and other such criteria, one (1) nameplate or similar Owner name identification, and a reasonable number of signs advising of the existence of security services protecting a Lot. 1-LA1627262.4 50I Iilllllllllllllllllllllllllllllllllllllllllllllllllllll ,zZee8 20 ofG99eR 7.9 Animals. Subject to the provisions of Civil Code Section 1360.5, no animals, fowl, reptiles, poultry, fish or insects of any kind ("animals") may be raised, bred or kept on any Lot or Common Area within the Properties, except that a reasonable number of birds, fish, dogs, cats or other customary household pets may be kept on a Lot; provided that they are not kept, bred or maintained for any commercial purpose, nor in unreasonable quantities nor in violation of any applicable local ordinance or any other provision of the Restrictions, and such limitations as may be set forth in the Rules and Regulations. As used in this Declaration "unreasonable quantities: ordinarily means more then two (2) household pets per Residence; provided, however, that the Board may determine that a reasonable number in any instance is more or less. The Association, acting through the Board, may prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to other Owners of Lots in the Properties, Animals belonging to Owners, occupants or their licensees, tenant or invitees within the Properties must be kept within an enclosure or an enclosed yard or on a leash or other restraint being held by a person capable of controlling the animal. Furthermore, to the extent permitted by law, each Owner shall be liable to each and all remaining Owners and their Owner Representatives, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Properties, by an Owner or by members of his Family, his tenants or his guests. It shall be the absolute duty and responsibility of each Owner to clean up after such animals which have used any portion of the Properties. 7.10 Nuisances. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Properties, and no odor may be permitted to arise there from so as to render the Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any other Lot in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist upon or emanate from any portion of the Common Area or any portion of a Lot within the Properties so as to be offensive or detrimental to any other Lot or Common Area in the Properties or to its occupants. Without limiting the generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes and commercially designed and reasonably used exterior speakers), live bands, noisy, unsightly unusually painted or smoky vehicles, 1-LIV627262.4 51 IIIIIIIIIIIIIIII IIIIIIIIIIII III IIIIIIIIII Z� IN 12 fi2 0250684 56 0£ 0 aircraft, large noisy power equipment or tools, unlicensed off -road motor vehicles, transmissions which may unreasonably interfere with television or radio reception within the Properties, or other items which may unreasonably disturb other Owners or their tenants may be located, used or placed on any portion of the Properties without the prior written approval of the Board. No vehicles may be operated upon any portion of the Common Area not improved as a street or parking area without the prior written approval of the Board, which approval may be withheld for any reason whatsoever. Alarm devices used exclusively to protect the security and contents of a vehicle, Lot or Common Area, are permitted, provided that such devices do not produce annoying sounds or conditions as a result of frequently occurring false atarms. 7.11 Exterior Maintenance and Repair. No Improvement shall be permitted to fall into disrepair, and each such Improvement must at all times be kept in good condition and repair. It is the responsibility of the applicable Owner to maintain and repair (including painting and stucco repairs) the surface of any Association Property Wall which faces the Lot (excluding wrought iron or glass surfaces which shall be maintained by the Association), regardless of whether such Association Property Wall is (i) located on the common property line separating the Common Area or Public Property from the Lot, or (ii) wholly or partially within the Public Property, Lot or Common Area immediately adjacent to such common property line. Such maintenance obligations shall include without limitation the obligation to paint, stucco patch and otherwise protect and preserve such Association Property Wall surface from exposure to and deterioration by the elements. Owners shall be responsible for maintenance, repair and replacement of the individual mailboxes, however, the Association shall be responsible for maintenance of mailbox stands and structures not maintained by an Owner. If any Owner permits any Improvement which is the maintenance responsibility of such Owner to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, after consulting with the Architectural Review Committee, and after affording the responsible Owner Notice and Hearing, may but need not, enter upon the affected Lot or Common Area for the purpose of correcting such condition, and the responsible Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner set forth in this Declaration, and the Owner of the offending Lot shall be personally liable for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each 1-LA/627262.4 52 INIIII1111IN111111IIII1111111IF1111111111111 r2zaa57 5e804aR Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor. 7.12 Drainage. No one may alter or interfere with the rain gutters, downspouts, or drainage systems originally installed by Declarant or the Merchant Builders, or alter or interfere with the established drainage pattern over any Lot or Common Area, unless an adequate alternative provision is made for proper drainage. For the purpose hereof, "established" drainage means the drainage pattern and drainage Improvements which exist at the time the Lot or Common Area, as the case may be, is conveyed to the Owner by Declarant or a Merchant Builder. There shall be no violation of the drainage requirements of the City or other applicable Local Governmental Agency, notwithstanding any approval by the Architectural Review Committee. Each Owner, by accepting a grant deed to his Lot, acknowledges and understands that in connection with the development of the Properties, Declarant may have installed one or more "subdrains" beneath the surface of such Owner's Lot. The subdrains and all appurtenant Improvements constructed or installed by Declarant ("Drainage Improvements"), if any, provide for subterranean drainage of water from and to various portions of the Properties. To ensure adequate drainage within the Properties, it is essential that the Drainage Improvements, if any, not be modified, removed or blocked without having first made alternative drainage arrangements. Therefore, any damage or injury resulting from or arising in connection with the alteration, modification, removal or replacement of any Drainage Improvements on a Lot shall be the responsibility of the Owner of such Lot. 7.13 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system is permitted on any Lot or Common Area unless such system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendation of the applicable water or sewer district and any applicable governmental health authority having jurisdiction. 7.14 No Hazardous Activities. No activities may be conducted, nor may any Improvements be constructed, anywhere in the Properties which are or might be unsafe or hazardous to any Person, Lot, or Common Area in the Properties. t-LV627262.4 53 �IIIII III III IIIIII IIIIII1111III zzee'3 aof 104aR 7.15 Unsightly Articles. No unsightly articles, including clotheslines and trash dumpsters (subject to Section 7.16), are permitted to remain on any portion of the Properties so as to be visible from any public or private street or from any other Lot or Common Area. Without limiting the generality of the foregoing, at all times refuse, garbage and trash must be kept in covered, sanitary containers designed for such purpose and located within enclosed areas or areas screened from the view of any other Lot or Common Area. Trash containers may be exposed to the view of neighboring Lots or Common Area only when set out for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled trash collection hours). No exterior fires whatsoever are permitted within the Properties, except barbecue fires contained within receptacles commercially designed therefore, fire pits in enclosed areas designed so that they do not create a fire hazard, and other fires specifically authorized in writing by the Association, all of which are also subject to applicable ordinances and fire regulations. 7.16 Temporary Prefabricated StructureslDumpsters. Unless approved in writing by the Board, and then only in connection with Construction Activities approved by the Architectural Review Committee, no tent, shack, trailer or any temporary building, Improvement or structure, or prefabricated building or structure may be placed upon any portion of the Properties. No trash dumpsters are allowed in any driveway or other exposed areas, or any street (public or private) within the Properties for more than four (4) consecutive calendar days, unless first approved in writing by the Architectural Review Committee in connection with Architectural Review Committee approved Construction Activities, and then subject to such conditions and requirements as may be specified by the Architectural Review Committee. 7.17 No Mining or Drilling. No oil drilling, oil gas or mineral development operations, oil refining, geothermal exploration or development, quarrying or mining operations of any kind may be conducted upon the Properties, nor are oil, water or other wells, tanks, tunnels, mineral or geothermal excavations or shafts permitted upon or within five hundred feet (500') of the surface of any portion of the Properties. 1-W627262A 54 11111II ii IN ,� �aa59 ofR0GOP 7.18 Improvements and Alterations. No excavation, construction, painting, alteration or erection of any projection which in any way alters the exterior appearance of any Lot or Common Area from any public or private street, or from any other Lot or Common Area (other than minor repairs or rebuilding pursuant to Section 7.11) is permitted without the prior approval of the Architectural Review Committee pursuant to Article VIII hereof. All Improvements and alterations are subject to the setback, sideyard and other requirements of the County or other Local Governmental Agency, notwithstanding any approval by the Architectural Review Committee. 7.19 Solar Heating Systems. Solar heating systems may be installed on individual Lots or Common Areas, provided that such heating systems comply with all applicable governmental requirements and regulations and have been approved by the Architectural Review Committee based on reasonable architectural review standards consistent with applicable law. 7.20 VIEWS. There are no views in the Properties which are protected to any extent by this Declaration, and no Owner who becomes subject to the terms hereof shall thereby obtain any view rights whatsoever. Each Owner, by accepting a deed to a Lot or Common Area acknowledges that any construction or installation by Declarant or a Merchant Builder or by other Owners following Architectural Review Committee approval as provided in Article Vlll hereof may impair the view of such Owner, and each Owner hereby consents to such impairment. 7.21 Rights of Handicapped. Subject to the provisions of Article VIII hereof, each Owner may modify his Lot, at his sole cost and expense, in order to facilitate access to the Residence by person who are blind, visually handicapped, deaf or physically disabled, or to alter conditions which could be hazardous to such persons, in accordance with Section 1360 of the California Civil Code or other applicable law or ordinance. 1-LV62T262 a 55 ��111111III1II11IIIINIII IIIIIIIIIII 111111111111 r2z e6a of 10Wk 4 7.22 Party Walls. Each wall or fence which is placed on the dividing line between Lots is a "Party Wall", and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply thereto. 7.22.1 Sharing or Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connect by such Party Wall. However, each Owner shall be solely responsible for repainting the side of any Party Wall facing his Lot. 7.22.2 Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot which is affected thereby shall contribute equally to the cost of restoration thereof without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 7.22.3 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section 7.22 is appurtenant to the land and passes to such Owner's successors in title. 7.23 Damage to Residences -Reconstruction. If all or any portion of any Lot or Residence is damaged or destroyed by fire or other casualty, the Owner of such Lot or Residence shall rebuild, repair or reconstruct the Lot or Residence in a manner which will restore them substantially to their appearance and condition immediately prior to the casualty or as otherwise approved by the Architectural Review Committee. The Owner of any damaged Lot or Residence and the Architectural Review Committee shall proceed with all due diligence, and the Owner shall cause reconstruction to commence within six (6) months after the damage occurs and to be completed within twelve (12) months after damage occurs, unless prevented by causes beyond such Owner's reasonable control. A transferee of the Lot which is damaged or upon which is located a damaged Residence shall commence and complete reconstruction in the respective periods which would have remained for the performance of such obligations if the Owner of the Lot at the time of the damage 1-W627262.4 56 IIIIIIIIIIII11111111111INIII 11111111111111111111IN ,zzees, of0104R still held title to the Lot. However, no such transferee may be required to commence or complete such reconstruction in less than thirty (30) days from the date such transferee acquired title to the Lot. ARTICLE VIII ARCHITECTURAL CONTROL 8.1 Members of the Architectural Review Committee. The Architectural and Landscaping Committee, sometimes referred to in this Declaration as the "Architectural Review Committee", shall consist of three (3) members; provided, however, that such number may be changed by resolution of the Board so long as the Architectural Review Committee never consists of greater than five (5) nor fewer than three (3) members. Members of the Architectural Review Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Architectural Review Committee for all purposes, including the submission of plans for approval, at the principal office of the Association as designated by the Board pursuant to the Bylaws. Declarant may, in a Supplemental Declaration, create a separate Architectural Review Committee ("Separate Committee") from the area annexed to the Properties through such Supplemental Declaration ("Separate Area"). The Separate Committee shall have sole architectural control pursuant to this Article VIII over the Separate Area and the Architectural Review Committee shall have no control or jurisdiction over Construction Activities (as defined below) or otherwise over the Separate Area. If a Separate Committee is created, the provisions of this Article VIII shall apply to the Separate Committee which shall be deemed the "Architectural Review Committee" for all purposes hereunder regarding the Separate Area. However, members of the Separate Committee appointed pursuant to Subsection 8.2.2 below, shall be solely Owners of Residences in the Separate Area. 8.2 Rights of Appointment. 8.2.1 By Declarant. Declarant may appoint and remove a majority of the members of the Architectural Review Committee, which appointees need not be Members of the Association, until the earlier to occur of (i) the date on which Close of Escrow has occurred for the sale of 737 Lots in the Properties, or (ii) the fifth (51°) anniversary of the first Close of Escrow for the sale of a Lot in the Phase of 1-UV627262.4 57 111111111111 III1111111IIII1IIIII11111111111111111 2/008 ez5e6384 62 2 &OA Development for which a Public Report was most recently issued by the DRE, or (iii) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties or Annexable Area. 8.2.2 By the Board. The Board may appoint and remove those members of the Architectural Review Committee which Declarant is not authorized to appoint or elects not to appoint until such time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Architectural Review Committee. Architectural Review Committee members appointed by the Board must be Members of the Association at all times during their service on the Architectural Review Committee, and shall serve for a term of one (1) year or until their respective successors are appointed. 8.2.3 Notice of Appointment. Whenever an Architectural Review Committee member is appointed or removed while both Declarant and the Board have rights of appointment, written notice of such appointment or removal must be given by the appointing party to the other party. 8.3 Review of Construction Activities. Subject to Article X of this Declaration, no construction, development, painting, alteration, grading, addition, installation, excavation, modification, decoration, redecoration or reconstructions of an Improvement in the Properties or the Common Area, or any other activity within the jurisdiction of the Architectural Review Committee pursuant to this Declaration (collectively "Construction Activities") may be commenced or maintained until the plans and specifications therefore showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Architectural Review Committee and approved in writing by the Architectural Review Committee. Construction Activities include the construction, installation, alteration and modification of solar energy systems, as defined in Section 801.5 of the California Civil Code, subject to the provisions of California Civil Code Section 714 and other applicable governmental laws, ordinances and regulations. 8.3.1 Architectural Review Committee Rules. Subject to Subsection 10.1.5, the Board may adopt, supplement and amend Architectural Review Committee Rules which impose design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Architectural Review Committee and the Owners in connection with Construction Activities. 1-Lwe27262.4 58 IIIIII IIIIII 191 Illllld IIII �� III 111111111 IN 12 �0a �3 of 1B4 62 & Development for which a Public Report was most recently issued by the DRE, or (iii) the date on which neither Declarant nor any Merchant Builder owns a lot in the Properties or Annexable Area. 8.2.2 By the Board. The Board may appoint and remove those members of the Architectural Review Committee which Declarant is not authorized to appoint or elects not to appoint until such time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Architectural Review Committee. Architectural Review Committee members appointed by the Board must be Members of the Association at all times during their service on the Architectural Review Committee, and shall serve for a term of one (1) year or until their respective successors are appointed. 8.2.3 Notice of Appointment. Whenever an Architectural Review Committee member is appointed or removed while both Declarant and the Board have rights of appointment, written notice of such appointment or removal must be given by the appointing party to the other party. 8.3 Review of Construction Activities. Subject to Article X of this Declaration, no construction, development, painting, alteration, grading, addition, installation, excavation, modification, decoration, redecoration or reconstructions of an Improvement in the Properties or the Common Area, or any other activity within the jurisdiction of the Architectural Review Committee pursuant to this Declaration (collectively "Construction Activities") may be commenced or maintained until the plans and specifications therefore showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Architectural Review Committee and approved in writing by the Architectural Review Committee. Construction Activities include the construction, installation, alteration and modification of solar energy systems, as defined in Section 801.5 of the California Civil Code, subject to the provisions of California Civil Code Section 714 and other applicable governmental laws, ordinances and regulations. 8.3.1 Architectural Review Committee Rules. Subject to Subsection 10.1.5, the Board may adopt, supplement and amend Architectural Review Committee Rules which impose design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Architectural Review Committee and the Owners in connection with Construction Activities. 1-UVe27262.4 58 IIIIII IIIIII 2BA III IIIIIIII IN III IIII1III III (III IIIII IN 12 63eofe 1040R 8.3.2 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant and Merchant Builders need not seek Architectural Review Committee approval with respect to their construction or development activities, including without limitation any activity which would be classified as a "Construction Activity". However, Merchant Builders must obtain Declarant's written approval of all construction and development activities as if such activities were "Construction Activities" hereunder and Declarant was the "Architectural Review Committee". The Declarant's approval rights in the preceding sentence are in addition to and shall not affect any other rights of Declarant under, other written agreements between Declarant and Merchant Builders. 8.4 Applications. The Person submitting plans and specifications to the Architectural Review Committee ("Applicant") must obtain a dated, written receipt for such plans and specifications and furnish the Architectural Review Committee with the address to which further communications from the Architectural Review Committee are to be directed. The Architectural Review Committee Rules may set forth procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Architectural Review Committee approval is not required), or establish additional factors which the Architectural Review Committee will take into consideration in reviewing submissions. The Architectural Review Committee Rules may provide that the amount of any Architectural Review Committee fee shall be uniform, or that it may be determined in any other reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans. 8.4.1 Criteria. The Architectural Review Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Architectural Review Committee, The Architectural Review Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Architectural Review Committee Rules; (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance of the 1-LV627262.4 59 z mi III iiiiiii lie i 1111111111 rz t3e64 of01940F surrounding area or the Properties as a whole; (III) the appearance of any structure affected thereby will be in harmony with the surrounding structures; (iv) the Construction Activity and the product thereof will not detract from the beauty, wholesomeness and attractiveness of the Common Area or the enjoyment thereof by the Members; and, (v) the upkeep and maintenance thereof will not become a burden on the Association. 8.4.2 Conditions. The Architectural Review Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) the Applicant's furnishing the Association with a bond or other security acceptable to the Architectural Review Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Properties or damage to the Common Area as a result of such work; (ii) such changes therein as It deems appropriate; (III) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Common Area; (iv) the Applicant's agreement to reimburse the Association for the cost of maintaining the Improvement; (v) the Applicant's agreement to complete the proposed work within a stated period of time; or, (vi) all of the foregoing, and may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. 8.4.3 Review Period. The Architectural Review Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, site plans, lighting plans, landscaping plans, elevation drawings and descriptions or samples of exterior materials and colors. Until the Architectural Review Committee receives all required plans and specifications, the Architectural Review Committee may postpone review of any plan submitted for approval or determination of exemption. The Architectural Review Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within thirty (30) days after the date of the receipt issued by the Architectural Review Committee for materials submitted to the Architectural Review Committee. Subject to appeal procedures which may be adopted by the Board as provided in Section 8.12, any application or request for certificate 1-W627262.4 ! II sg IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12 ea/2002®a ease of exemption submitted pursuant to this Section shall be deemed approved, unless the Architectural Review Committee transmits written disapproval or a request for additional information or materials to the Applicant within thirty (30) days after the date of receipt by the Architectural Review Committee or the Applicant's submitted materials. 8.5 Meetings of the Architectural Review Committee. The Architectural Review Committee shall meet as necessary to perform its duties hereunder. The Architectural Review Committee may, by a unanimously adopted written resolution, designate one or more Architectural Review Committee Representative(s) (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Architectural Review Committee, except the recommendation of variances for Board approval pursuant to Section 8.10. In the absence of such designation, the vote or written consent of a majority of the members of the Architectural Review Committee constitutes an act of the Architectural Review Committee. Subject to the prior approval of the. Board, the Architectural Review Committee may (i) engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Architectural Review Committee deems appropriate to assist the Architectural Review Committee and the Architectural Review Committee Representative in the evaluation of plans, specifications and other items submitted for Architectural Review Committee approval pursuant to this Declaration and (ii) assess an applicant a review fee reasonably related to the cost to engage such professionals. 8.6 No Waiver of Future Approvals. Architectural Review Committee approval of any proposals or plans and specifications or drawings for any Construction Activity done or proposed or in connection with any other matter requiring Architectural Review Committee approval does not waive any right to withhold approval or any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent. 8.7 Compensation of Members. The Architectural Review Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or 1-Vd627262.4 61 IIIIIIIIIII11111NII1111111111111111111111111111111NII hzzea6 0Of 104 similar professionals engaged to assist the Architectural Review Committee or the Architectural Review Committee Representative or to perform the function of the Architectural Review Committee Representative pursuant to Section 8.5 above. 8.8 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows: 8.8.1 Notice of Completion. The Architectural Review Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Architectural Review Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Architectural Review Committee has received written notice of such completion. The Architectural Review Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Architectural Review Committee. If the Architectural Review Committee finds that an Improvement was done without obtaining written approval of the plans therefore or was not done in substantial compliance with the plans approved by the Architectural Review Committee, it shall notify the Owner in writing of failure to comply with this Article VIII, specifying the particulars of noncompliance. The Architectural Review Committee may require the Owner to take such action as may be necessary to remedy a noncompliance. 8.8.2 Noncompliance. If the Owner fails to remedy the noncompliance within sixty (60) days from the date the Architectural Review Committee's notice of noncompliance is deemed received by the Owner, the Architectural Review Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner must remedy or remove the same within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Owner. If the Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance. 1-LM27262.4 62 M4S i1IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIN 26 aP1046P 8.8.3 Compliance. If the Architectural Review Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans. 8.8.4 Prosecution of Work. The Architectural Review Committee approval for any particular Construction Activity expires and the plans and specifications therefore must be resubmitted for Architectural Review Committee approval pursuant to this Article Vill if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months of the Architectural Review Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Architectural Review Committee approval, must be completed within one (1) year after the date on which the work commenced. 8.9 Scope of Review. The Architectural Review Committee shall review and approve or disapprove all plans submitted to it for any proposed Construction Activity solely on the basis of the considerations set forth in this Declaration. The Architectural Review Committee is not responsible for reviewing, nor shall Its approval Of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements. The Architectural Review Committee may consider reasonable privacy right claims as factors in reviewing, approving or disapproving any proposed Construction Activities. However, Declarant and the Merchant Builders do not warrant any protected views within the Properties and no Lot, Residence or Common Area is guaranteed the existence or unobstructed continuation of any particular view. 8.10 Variances. The Architectural Review Committee may recommend variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including, without limitation, restrictions upon height, size, Floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evidenced in writing, and t-LV627262.4 63 IIIIIIIIIIIIIII IIIIIII Illiflllllllllfl IIII III 1z20068 of 1090A signed by at least two (2) officers of the Association certifying such Board approval. No violation of the covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Owner's obligation to comply with all governmental laws and regulations. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Board decisions relative to the granting of variances are final. 8.11 Pre -Approvals. Subject to Section 10.1.5, the Board may authorize the pre -approval of certain specified types or classes of Construction Activities in the Architectural Review Committee Rules if, in the exercise of the Board's judgment, pre -approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration. 8.12 Appeals. For so long as Declarant has the right to appoint and remove a majority of the Architectural Review Committee members, the Architectural Review Committee's decisions are final, and there is no appeal to the Board. When Declarant is no longer entitled to appoint and remove a majority of the Architectural Review Committee's members, the Board may adopt policies and procedures for the appeal of Architectural Review Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Architectural Review Committee decisions are final. ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA Damage to, destruction or condemnation of all or any portion of the Common Area shall be handled in the following manner: 1-we27262.4 64 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 12 0690-f 104eR 9.1 Damages by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Common Area not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, his Family, guests, tenants or invites, or any other Persons deriving their right and easement of use and enjoyment of the Common Area from the Owner, or his Family and guests, both minor and adult. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment. 9.2 Repair of Damages If Common Area Improvements, which are the maintenance responsibility of the Association, are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Common Area Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners (for example, Owners located in a Cost Center will pay their proportionate share of any Reconstruction Assessment attributable to their Cost Center Improvements, and Owners not located in such Cost Center are exempt from such Reconstruction Assessment). Any restoration or repair of the Common Area Improvements after damage due to an insurable hazard will be performed substantially in accordance with the original plans and specifications unless other action is approved by holders of fifty-one percent 1-LA1627262.4 65 11111111111111111111111111111111111111111111111[ IIIII �220e70 f018GOA 4 (51%) of the first Mortgages on Lots subject to Common Assessments for the maintenance of such Common Area. 9.3 Condemnation. If all or any portion of the Common Area, or any interest therein, is taken by rights of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the appropriate Operating Fund. No Member (other than a Person on whose Lot or Common Area easement affected by a condemnation may be located) may participate as a party, or otherwise, in any proceedings relating to such condemnation. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members. 9.4 Notice to Owners and Listed Mortgages. The Board immediately upon learning of any taking by eminent domain of any Common Area, or any threat thereof, shall promptly notify all Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all Record holders of first Mortgages on such Owners' Lots. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Common Area, shall promptly notify all Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all holders, insurers, and guarantors of first Mortgages on Lots who have filed a written request for such notice. ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION 10.1 Interest of Declarant. The First Subdivision is a portion of a larger parcel of land which Declarant is developing into a planned community. Declarant in cooperation with the City has created a comprehensive specific plan for the development of the Properties formulated for the common good and preservation of property values within the community. Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any 61 1-LN627262.4 IIIIIII'�IIII I�'l1II�IlI'III II�IIIII�II III IIII��I�II 12/13/z86�2� BB9en 2002 745938 amendments thereto and any Supplemental Declarations Recorded pursuant to this Declaration. Notwithstanding any other provisions of the Restrictions, until the earlier to occur of (i) annexation of all of the Annexable Area and commencement of assessments therein, or (ii) the twenty-fifth (2e) anniversary of the first Close of Escrow in the Properties, the following actions, before being undertaken by the Members or the Association, must first be approved in writing by Declarant: 10.1.1 Specified Approvals. Any amendment or action requiring the approval of Declarant pursuant to this Declaration, including without limitation all amendments and actions specified in Section 13.2.2, and any amendment or action requiring the approval of first Mortgagees pursuant to this Declaration, including without limitation all amendments and actions specified in Sections 13.2.3 and 13.3. The Association must provide Declarant with all notices and other documents to which a Beneficiary is entitled pursuant to this necessity of a written request; 10.1.2 Annexation. The annexation to the Properties of Other Area (not Annexable Area) pursuant to Section 2.3; 10.1.3 Capital Improvement Assessments. The levy of a Capital Improvement Assessment for the construction of new facilities not originally included in the Common Area; 10.1.4 Service/Maintenance Reductions. Subject to Section 6.6 regarding limitations on yearly Common Assessment increases, any significant reduction of Common Area maintenance or other services or entering into contracts for maintenance or other goods and services benefiting the Association or the Common Area at contract rates which are fifteen percent (15%) or more below the reasonable cost for such maintenance, goods or services as determined pursuant to the cost guidelines described in Section 6.6.4; 10.1.5 Architectural Review Committee Rules. The adoption of and any supplement or amendment to the Architectural Review Committee Rules, including any pre -approval authorization Pursuant to Section 8.11; or 10.1.6 Association Guidelines. Any supplement to or amendment of the Association Guidelines. t-W627262A jII 67 IIIII IIIIII BI IIIIIIIIIt IIII 1111111111111111111111111111 l2 28&2-745938 7202f 1@408 10.2 Exemptions. Nothing in the Restrictions limits and no Owner or the Association will interfere with the right of Declarant and Merchant Builders, either directly or through their respective agents and representatives, to subdivide, re -subdivide, sell, re -sell, rent or re -rent any portion of the Properties, or the right of Declarant or a Merchant Builder to complete excavation, grading, construction of Improvements or other development activities to and on any portion of the Properties owned by Declarant or a Merchant Builder, as applicable, or to alter the foregoing and the construction plans and designs, or to construct such additional Improvements as Declarant or a Merchant Builder deems advisable In the course of developing the Properties so long as any Lot in the Properties or any portion of the Annexable Area is owned by Declarant or a Merchant Builder. These rights include, but are not limited to, carrying on by Declarant, the Merchant Builders and their respective agents and representatives of such grading work as may be approved by the City or other Local Governmental Agency having jurisdiction, and erecting, constructing and maintaining on the Properties such structures, signs and displays reasonably necessary for the conduct of the business of completing the work and disposing of the Properties and the Annexable Area by sale, lease or otherwise. Each Owner, by accepting a deed to a Lot, acknowledges that any construction or installation by Declarant or a Merchant Builder may impair the view of such Owner, and each Owner consents to such impairment. This Declaration does not limit the right of Declarant or a Merchant Builder, at any time prior to acquisition of title to a Lot by a purchaser from Declarant or a Merchant Builder, to establish on that Lot, as the case may be, additional licenses, easements, reservations and rights -of -way to itself, to utility companies, or to others as reasonably necessary to the proper development and disposal of the Properties and Annexable Area provided, however, if VA or FHA has issued a "project approval" (as described in Section 2.3.6 hereof) with regard to any Planned development in the Properties which is to be subject to any of the actions described herein, then FHA, VA or both shall have the right to approve any such grants as provided herein. Prospective purchasers, Declarant and Merchant Builders may use any and all portions of the Common Area for access to the sales and leasing facilities of Declarant and Merchant Builders. Declarant and Merchant Builders may use any structures or vehicles owned, respectively, by Declarant or Merchant Builders in the Properties as model home complexes, or real 1-L V627262.4 68 Illlllllllllllllilllllllllll1111111111111111111111111 L22007 eof M4eR estate sales or leasing offices; provided that such uses within the Properties shall terminate on the twenty-fifth (25'h) anniversary of the first Close of Escrow for the sale of a Lot on the Properties pursuant to a transaction requiring the issuance of a Public Report, at which time Declarant and Merchant Builders shall restore their respective structures to their previous appearance. Any exemption of Merchant Builders pursuant to this Section 10.2 shall not apply to any Declarant architectural approvals which are required of Merchant Builders pursuant to Section 8.3. All or any portion of their rights of Declarant or a Merchant Builder, as applicable, hereunder and elsewhere in these Restrictions may be assigned by Declarant or such Merchant Builder, as applicable, to any successor in interest to any portion of Declarant's or Merchant Builder's interest in any portion of the Properties or the Annexable Area (including, without limitation, to any Merchant Builder) by an express Recorded written assignment which specifies the rights of Declarant or such Merchant Builder so assigned. Notwithstanding any ether provision of this Declaration, for so long as Declarant owns any portion of the Properties or the Annexable Area, Declarant's prior written approval is required before any amendment to this Article X is effective. 10.3 Easement Relocation. Common Area comprising easements over real property the fee title to which has not been made subject to the Declaration ("Interim Easement Area") may be relocated, modified or terminated by Declarant to accommodate the final plan of development for the future Phase of Development In which the Interim Easement Area is located. Such relocation, modification or termination shall be set forth in the Recorded instrument annexing fee title to the Interim Easement Area to the Declaration. Notwithstanding the foregoing, no such relocation, modification or termination shall prevent access to any Lot. 10.4 Entry Gate Operations. Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a .deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring unrestricted access to the Properties to accommodate the construction and marketing of the Residences and development of the Properties. Therefore, notwithstanding any other provisions of the Restrictions, until the earlier to occur of (i) close of Escrow for the sale of all Residences in the Properties, and annexation of all the Annexable Area and commencement of assessments therein; or (ii) twenty-five (25) years following the first Close of Escrow 1-UVe272e2.4 69 200 IIIIIIIIIIIIII IIIIIIIIHEIII IIIIIIIIII IIIII IIII tz7 e4raieaea for the sale of a Lot pursuant to a transaction requiring the issuance of a Public Report ("Marketing Period"). Declarant is entitled to control the operation of the entry gates which provide vehicular access to the Properties. During the Marketing Period Declarant may establish and change the hours of gate operation in its sole discretion without notice, and require that the entry gates by open to the general public to accommodate construction and marketing activities. ARTICLE XI INSURANCE 11.1 Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements installed by Declarant, any Merchant Builder or by the Association on the Common Area replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance. The policies insuring the Common Area must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried. Premiums for all insurance carried by the Association area a Common Expense. 11.2 Insurance Obligations of Owners. Each Owner is responsible for insuring his personal property and all other property and Improvements within his Lot as required by this Declaration or the applicable Supplemental Declaration. Such policies shall not adversely affect or diminish any liability under any insurance obtained by or on behalf of the Association, and duplicate copies of such other policies shall be deposited with the Board upon the Board's request. If any loss intended to be covered by insurance carried by or on behalf of the Association occurs and the proceeds payable thereunder are reduced due to insurance carried by any t-IN622262.4 + t Q + 70 1! f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIN r2i200200208 &&Ft Owner, such Owner shall assign the proceeds of such insurance to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. 11.3 Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (i) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following toss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or, (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager, Declarant, the Merchant Builders and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss. 11.4 Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, 'insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross -liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable, Insuring each Owner, the Association, Board and 1-LA/627262.4 71 IIIIIIIilIIII��IIIIIIIIIIIIIIIIIIIIIII IIiIIIIIIIII I'll 1220020 0$0884GR Association Manager, against liability in connection with the Common Area, the premiums for which are a Common Expense. The Board shall review all insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions Insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, / fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, including reserve funds, in the Association's or Association Manager's custody during the temp of each bond. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots in the Properties, plus reserve funds. In addition, the Association shall continuously maintain in effect such casualty, flood and liability insurance and fidelity insurance coverage meeting the requirements for planned unit developments established by FNMA, GNMA, and FHLMC, so long as any of them is a Mortgagee or an Owner of a Residence in the Properties, except to the extent such coverage is not reasonably available or has been waived in writing by FNMA, GNMA and FHLMC, as applicable. 11.5 Notice of Expiration Requirements. If available, each insurance policy the Association maintains must contain a provision that said policy may not be canceled, terminated, materially modified or allowed to expire by its terms, without ten (10) to thirty (30) days prior written notice to the Board, Declarant, and to each Owner and Beneficiary, insurer and guarantor of a first Mortgage who has filed a written request with the carrier for such notice, and every other Person in interest who requests such notice of the insurer. t•L4/e27262.4 72 IIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111 12/1, 20421:EWR ARTICLE XII GOLF CLUB FACILITIES 12.1 General. The Golf Club Facilities are not part of the Common Area and are not subject to this Declaration, and no provision of this Declaration gives, or shall be deemed to give, any Owner or Owner Representatives, of any Lot the right to use the Golf Club Facilities or any ownership interest in the Golf Club Facilities. Rights to use the Golf Club Facilities will be granted only to those Persons, and on those terms and conditions, as may be determined from time to time by the Golf Club Owner. By way of example, but not limitation, the Golf Club Owner shall have the right to approve users and determine eligibility for use, to reserve use rights, to transfer any or all of the Golf Club Facilities or operation thereof to anyone and on any terms, to limit availability of use privileges, and to require the payment of a purchase price, a membership contribution, an initiation fee, a membership deposit, dues, and/or use charges. Each Owner and occupant of any Lot hereby acknowledges that no right to the use or enjoyment of the Golf Club Facilities arises from ownership or occupancy of a Lot but arises, if at all, only from a membership agreement or other similar agreement with the Golf Club Owner. The Golf Club Owner shall have the right, from time to time in its sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of the Golf Club Facilities including, but not limited to, eligibility for and duration of use rights, categories of use, extent of use privileges, and number of users. The Golf Club Owner shall also have the right, in its sole and absolute discretion and without notice, to reserve use rights and to terminate use rights altogether, subject to the provisions of any outstanding membership documents. 12.1.1 Disclaimers Regarding Golf Facilities. Except as may be specifically provided in this Declaration: all Unit Owners are hereby advised that no representations or warranties have been or are made by Declarant or any Unit Owner with regard to the present or future ownership, operation, use or configuration of the golf course constructed or to be constructed upon the Golf Course Property, whether or not depicted on any plat or any land use plan, sales brochure or other marketing display or material and no purported representation or warranty, written or oral, in such regard shall ever be effective without an amendment hereto executed by the parties hereto or their respective successors. 1-0J627262.4 �I�IIII73 21'I1II IN 11111111 fill 111111111111111111111111111 12: 0 78 of 38 02 745938 12.1.2 Golf Balls, Disturbances and Nuisances. Each Owner acknowledges and agrees that: (a) portions of the Properties are adjacent to or near the Golf Club Facilities; (b) the: clubhouse, parking lots and other related facilities, which are part of the Golf Club Facilities, have exterior lighting and amplified exterior sound, may be used for entertainment and social events on various days of the week, including weekends, during various times of the day, including without limitation, early morning and late evening hours; (c) golf course -related activities, including without limitation, regular course play, may be allowed during all daylight hours, and golf tournaments may be conducted at any time during the year; (d) from time to time golf course -related activities, including without limitation, special events, may be allowed during nighttime and early -morning hours; (e) large numbers of people may be entering, exiting and using the Golf Club Facilities during various times of the day, including early morning and late evening hours, seven (7) days a week; and (f) water hazards, the clubhouse, maintenance facilities and other installations located on the Golf Club Facilities may be attractive nuisances to children. Each Owner also acknowledges that due to the proximity of portions of the Properties to the Golf Club Facilities, nuisances, hazards or injuries to persons and property may occur on the Properties as a result of use of the Golf Club Facilities, or as a result of any other golf course -related activities and that play on the golf course may result in damage or injury to persons or property as a result of golf balls leaving the golf course, including, without limitation, damage to windows and exterior areas of the improvements constructed upon each Lot, damage to automobiles and other personal property of the Owners., whether outdoors or within any indoor structure. 12.1.3 Operation of the Golf Course. Each Owner acknowledges and agrees that: the operation and maintenance of the Golf Club Facilities may require that maintenance personnel and other workers who operate, service and maintain the Golf Club Facilities commence work relating to the maintenance (other than irrigation, which may be conducted at any time) and repair of the golf course as early as one (1) hour before sunrise and as late as one (1) hour after sunset on a daily basis, and that such maintenance and repair of the Golf Club Facilities may entail the operation and use of the following: (a) noisy power equipment such as tractors, lawn mowers and blowers on various days of the week, including weekends, during various times of the day, including, without limitation, as early as one (1) hour before sunrise and as late as one (1) hour after sunset, and for seasonal maintenance, such as golf 1-W627262.4 74 IIIIiNIIIIIIIIINIiIiIIIIIIIiINlllllllllllllllllllll F 20020 45938 course overseeding, which may be performed from time to time, as early as one (1) hour before sunrise and as late as one (1) hour after sunset; (b) sprinkler and other irrigation systems, some using effluent, in operation at any time during the day and night; (c) electric, gasoline or other power driven vehicles and equipment used by maintenance and operations personnel; (d) application of pesticides and fertilizing chemicals; and (a) refuse removal trucks, delivery trucks, service vehicles, golfer's vehicles and other vehicles entering and exiting the Golf Club Facilities on various days of the week, including weekends, during various times of the day, including, without limitation, as early as one (1) hour before sunrise and as late as one (1) hour after sunset. In connection with the foregoing, each Owner covenants and agrees for itself, its successors and assigns: that he, she or it does knowingly and voluntarily assume all risks associated with such golf course operation and maintenance activities, including but not limited to risk of nuisance, noise, disturbance, inconvenience, property damage and personal injury or sickness." 12.2 Reservation. Declarant hereby reserves unto itself and its successors and assigns, together with the right to grant and transfer the same to the Golf Course Owner, and does hereby grant to the Golf Course Owner, a non-exclusive easement over those portions of the Properties adjacent to the Golf Club Facilities for the flight of golf balls, and for the maintenance and encroachment of golf course irrigation systems, water mains, water pumps, electrical lines, communication lines and facilities and golf cart paths. 122.1 Rights of Access and Parking. The Golf Club Facilities members (regardless of whether such members are Owners), employees, agents, contractors, and designers shall at all times have a right and nonexclusive easement of access and use over all roadways located within the Properties as reasonably necessary to travel to and from any entrance within the Properties to and from the Golf Club Facilities and, further, over those portions of the Properties reasonably necessary to the operation, maintenance, repair, and replacement of the Golf Club Facilities, subject to the reasonable cost of maintaining those portions of the Properties. Without limiting the generality of the foregoing, members of the Golf Club Facilities and permitted members of the public shall have the right to park their vehicles on the roadways within the Properties at reasonable times before, during and after golf tournaments and other functions held at the Golf Club Facilities. 1-wsv2s2.a I + 75 J IlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIPIII�IN rz20080 o45938 f 104 a 12.2.2 Limitations on Amendments. In recognition of the fact that the provisions of this Section are for the benefit of the Golf Club Facilities, no amendment to this Section and no amendment in derogation of this Section to any other provisions of this Declaration may be made, without the written approval thereof by the Golf Club Owner. The foregoing shall not apply, however, to amendments made pursuant to requirements of any Governmental Authority. 12.3 Golf Course Liabilities. Golf Club Owner intends to develop and operate the Golf Club Facilities for golfing and related uses. By accepting the deed to a Lot, each Owner, for himself and his Owner Representatives, hereby acknowledges, accepts and assumes the risk of any of the items set forth in below ("Golf Course Hazards".) Each Owner of a Lot and his Owner Representatives assumes the risk of any property damage, personal injury, creation or maintenance of a trespass or nuisance created by or arising in connection with the Golf Course Hazards (the "Assumed Risks") and releases, waives, discharges, covenants not to sue, indemnifies and agrees to hold harmless Declarant, the Association, the; Board, the sponsor, developer, architect, designer, and contractor for the Golf Club Facilities, the members or authorized users and guests of the Golf Club Facilities, the Golf Club Owner, and each of their respective officers, directors, shareholders, affiliates, successors and assigns, and each of them, from any and all liability to the Owner or Owner Representatives for any losses, costs (including, without limitation, reasonable attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Risks. Notwithstanding the foregoing, however, in no event shall this Section relieve any golfer from any claims or liability under California law for any Golf Course Hazard caused by such golfer. The Golf Course Hazards shall include the following; 12.3.1 Errant Golf Balls. Owners of Lots, particularly Lots abutting the Golf Course, acknowledge the inherent risk of errant golf balls and assume and accept such risk. Owners acknowledge and accept the risk that golfers may attempt to retrieve errant golf balls from Lots and each Owner agrees to release and waive any claims Owner may have as a result of such retrieval. 12.32 View Impairment/Privacy. Owners of Lots, including Owners of Lots abutting the Golf Club Facilities, have no guarantee that their view over and across the Golf Club Facilities will be forever preserved without impairment or that the view from the Golf Club Facilities will not be impaired. t-IA627262.4 76 IIII 11111111111111111HE 11111111111111111111111111C?t308 eof 104 The developer or owner of the Golf Club Facilities has no obligation to prune or not prune trees or other landscaping and such owner has reserved the right, at its sole and absolute discretion, to add, change or reconfigure the golf course and other related facilities, including any trees, landscapes, tees, bunkers, fairways and greens. 12.3.3 Treated Wastewater. The Golf Club Owner may use reclaimed and treated wastewater to irrigate the Golf Courses and related landscaping and the Owners of Lots acknowledge, accept the use and assume the risk of such reclaimed and treated wastewater. 12.3.4 Pesticides and Fertilizers. Pesticides, fertilizers and other chemicals will be utilized in connection with the operation of the Golf Course and related landscaping and the Cwners of Lots acknowledge, accept the use, and assume the risk of such pesticides, fertilizers and chemicals. 12.3.5 Overspray. Owners of Lots, particularly Owners of Lots abutting the Golf Courses, may experience "overspray" from the Golf Course irrigation system, and such Owners acknowledge, accept and assume the risk of such "overspray". 12.3.6 Noise and Light; Tournaments. Owners of Lots, particularly Owners of Lots in proximity to the clubhouse of the Golf Club Facilities may be exposed to lights, noise or activities, resulting from use of the Golf Course for tournaments, from use of the clubhouse for dining and entertainment and use of the parking lot, and such Owners acknowledge, accept and assume the risk of such light, noise and/or activities. Declarant shall also have the right to sponsor and conduct golf tournaments at the Golf Club Facilities and in connection therewith to erect temporary tents and other structures necessary or convenient to stage and operate such tournaments, and such Owners acknowledge, accept and assume the risk of any noise, inconvenience or other impact of any such golf tournaments. 12.3.7 No Access. The Owner of each Lot abutting any portion of the Golf Club Facilities, by accepting a deed to his Lot, acknowledges that the Golf Club Owner does not permit access to any portion of the Golf Club Facilities directly from any other Lot. Such Access is permitted only through the clubhouse and such other entry points as the Golf Club Owner may from time to time specifically designate. Accordingly, each Owner of a Lot abutting any portion of the Golf Club Facilities agrees not to access the Golf Club Facilities directly from his Lot and shall not permit any of his family, 1-LN6272e2.4 77 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111I 2008E �Se19son 4 guests, invitees or any other person to do so. The Association shall have the right to enforce this access restriction directly against any Owner who violates it by any and all means authorized in this Declaration. 12.3.8 Maintenance. The Golf Club Facilities, including without limitation, the Golf Course requires daily maintenance, including mowing, irrigation and grooming, during early morning and evening hours, including without limitation, the use of tractors, blowers, pumps, compressors and utility vehicles. Owners of Lots, particularly Owners of Lots in proximity to the Golf Courses, will be exposed to the noise and other effects of such maintenance, and such Owners acknowledge, accept and assume the risk of such noise and other effects. 12.3.9 Lakes. The Golf Club Facilities are presently designed to include artificial and/or naturally occurring bodies of water which may include, but are not limited to, ponds, lakes, streams and waterfalls that may pose a danger to anyone who might enter therein. Owners of Lots acknowledge, accept and assume the risk of such bodies of water. ARTICLE XIII MISCELLANEOUS 13.1 Term and Termination. This Declaration continues in full force until a Declaration of Termination satisfying the. requirements of an amendment to this Declaration as set forth in Section 13.2 of this Declaration is Recorded. 13.2 Amendments. 13.2.1 Before Close of First Sale. Before the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant and any Mortgagee of record of an instrument amending or revoking the Declaration. Before the close of the first sale of a Lot in a second or subsequent phase of the Project to a purchaser other than Declarant or a Merchant Builder, any Supplemental Declaration recorded pursuant to Article II with respect to such phase may be amended in any respect or revoked by the execution of an instrument amending or revoking the Supplemental Declaration by Declarant, Merchant t-LA/627262.4 78 1 IIIIII I�I�II II� 11111111 IN 1111111111111� �II I'�) 1213, 890 508 Gen Builder (if applicable) and any Mortgagee of record of the Property described in the Supplemental Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the Riverside County Recorder. 13.2.2 After Close of First Sale. After the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration may be amended or revoked in any respect by the vote or written consent of the holders of not less than sixty-seven percent (67%) of the voting rights of each class of Owners, or if a single class of Owners is then in effect, by the vote or written consent of not less than (i) sixty-seven percent (67%) of all the votes and (ii) fifty-one percent (51%) of the votes excluding Declarant and any Merchant Builder. However, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, if the consent or approval of any governmental authority, Mortgagee, or other person, firm agency, or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revocation subsequent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duly authorized officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the Riverside County Recorder, 13.2.3 Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot, in any manner inconsistent with the provisions of this Declaration; provided that termination of a the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of sixty-seven percent (67%) of the first Mortgages at the time of such amendment. 1-w627262.4 II 79 I I�IIII ��IIII I�� IIII�III III III I�IIII�I III II��III �I II'I ia20 A2fBe GGA 104 Any approval by a holder, insurer or guarantor of a first Mortgage required under this Section 13.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder, insurer or guarantor does not submit a written response to the notice. 13.2.4 Intentionally Omitted. 13.2.5 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing sixty-seven percent (67%) of the Lots have voted for any amendment adopted as provided above, when Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders, guarantors or insurers of first Mortgages shall include a certification that the requisite approval of the City, and such holders, guarantors or insurers of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years. 13.2.6 Reliance on Amendments. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. 13.3 Notification of Sale of Lot; Transfer Fee. No later than thirty (30) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferor or the transferee shall notify the Golf Club Owner and the Association in writing of (a) the name and address of the transferee and transferor, (b) the date on which such sale or transfer is to be or was consummated, (c) a statement, executed by the transferee, that the transferee has received, and acknowledges receipt of a copy of this Declaration, the Bylaws, Articles of Incorporation and other governing documents, (d) a statement, executed by the transferee, that the transferee agrees to be bound by all of the provisions of the Declaration, the Bylaws, Articles of Incorporation and other governing documents, and (e) the name and address of any Mortgagee of such transferor and transferee. 1-W627282.4 80 IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII�III�IIII 2012/1385eofj qeA t72 745938 Any outstanding and unpaid Assessments shall be paid to the Association prior to the transfer of such Lot. Unless and until such notice is given and any unpaid Assessments have been paid to the Association on behalf of the transferor, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to (a) receipt of any such notification by the Association, (b) the payment of Assessments by the transferor, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor. By acceptance of a deed for a Lot, each Owner acknowledges that the Golf Club Facilities enhance the value and reputation of the Properties, and that each Lot is benefited by the open space of the Golf Club Facilities much as a large adjacent park benefits and enhances the value of surrounding property. For so long as and in consideration that the Golf Club Facilities are operated as landscaped open space, each Owner (other than a Merchant Builder or an institutional Mortgagee) hereby covenants, upon the transfer of a Lot, to pay to the Golf Club Owner a fee equal to one eighth of one percent (.00125%)of the purchase price paid or payable by the transferee of the Lot. This covenant shall (1) run with each Lot; (2) be binding upon all persons having any right, title or interest in a Lot, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of Golf Club Owner, and its successive successors -in -interest; and (4) may be enforced by the Golf Club Owner. 13.4 Mortgagee Protection -General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the Beneficiary under any Deed of Trust made in good faith and for value, and Recorded prior to the Recordation of such amendment (or a Notice of Lien Recorded pursuant to Section 6.10). In addition, no amendment of this Declaration shall be made which materially and adversely affects the rights of the Beneficiary under any Deed of Trust which is Recorded prior to this Declaration, without obtaining the prior written consent of such Beneficiary. After the foreclosure of any such Deed of Trust such Lot remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce FHLMC, GNMA, FNMA, VA and FHA to participate in the financing of Lots within the Properties, the following 81 1-W627262.4 IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII ��II 12/13/200208 B&fl 2002 745938 provisions are added hereto (and to the extent theses added provisions, pertaining to the rights of Mortgagees, FHLMC, FNMA, GNMA, VA and FHA, conflict with any other provisions of this Declaration or any other of the Restrictions, these added restrictions shall control): 13.4.1 Notice of Default. Each Beneficiary, insurer and guarantor of a first Mortgage encumbering any Lot, upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot securing the respective first Mortgage; (ii) any delinquency ot'sixty (60) days or more in the performance by the Owner of such Lot of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot securing the respective first Mortgage, which notice each Owner herby consents to and authorizes; (iii) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees. 13.4.2 First Refusal Exemption. Every Owner, including every first Mortgagee or a Mortgage encumbering any Lot, which obtains title to such Lot pursuant to the remedies provided in such Mortgage, or pursuant to foreclosure of the Mortgage, or by deed (or assignment) in lieu of foreclosure, is exempt from any "right of first refusal." 13.4.3 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot and Recorded prior to a Notice of Lien which obtains title to such Lot pursuant to judicial foreclosure: or the powers provided in such Mortgage takes title to such Lot free and clear of any claims for unpaid assessments or charges against such Lot which accrued prior to the time such Mortgagee acquires title to such Lot in accordance with Section 6.14, 13.4.4 Books and Records. All Beneficiaries, insurers and guarantors of first Mortgages on Lots, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual audited financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty (120) days of the end of the fiscal year. 1AAre27262.4 JI f I82 I l+ IIIIIIIIIiIIIIIIIIINIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIiI 1220020 02 8- 87PR 13.4.5 Mortgagee Notices. All beneficiaries, insurers and guarantors of first Mortgages of Lots who have filed a written request with the Association shall be given (i) thirty (30) days written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws, and prior to the effective date of any termination of an agreement for professional management of the Properties following a decision of the Owners to assume self -management of the Properties; and (ii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Common Area whenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties. 13.4.6 Common Area Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. 13.5 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been deposited in the United States Mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the Residence of such Person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 13.6 Enforcement and Non -Waiver. 13.6.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the Catifornia Civil Code and Sections 13.6.7. 13.6.9 and 13.15 below, the Association, the successors -in -interest of the Association, any Owner. Declarant and Merchant Builders (so long as Declarant or a Merchant Builder owns a Lot in the Properties or is entitled to add Annexable Area to the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right t-LN627262.4 83 I I IIIIIIIIIIIIIII IIIIINfill III IIIIIIIIIIIIIIIIIIIIII rr213/22 @0SR of 1@4eR shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. The City shall be entitled but not obligated to enforce all provisions of this Declaration required by the City as conditions to approval of development of the Properties. 13.6.2 Violations are Nuisance. Every act of omission whereby an provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 13.6.1 above. 13.6.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions. 13.6.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot, bring a suit at law to enforce each assessment obligation. 13.6.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof. 13.6.6 Special Assessment. If any Owner, his Family, guests, licensees, tenants or invitees violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws, suspend or condition such Owner's right (and the right of his Family, guests, licensees, tenants and invitees) to use any portion of the Common Area (other than streets and driveways providing access to such Owner's Lot). Any such suspension or conditional suspension shall be for a period of not more than thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any delinquent assessment) may be imposed for so long as the violation continues. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner, his Family or a resident of or visitor to his Lot, to comply with any provision of the Restrictions, other than Article VI hereof. Such fines or penalties may only be assessed by the Board after Notice and Hearing. 1-LA/627262.4 84 Illlillllllllllllllllllllllillll111111111111111111111 ,2 0a89eof 1OGFJ 04 13.6.7 Alternative Dispute Resolution of Assessment Disputes. Disputes between an Owner and the Association regarding the assessments imposed by the Association may be submitted to alternative dispute resolution in accordance with Civil Code Section 1354 if such Owner pays in full (i) the amount of the assessment in dispute, (ii) any late charges, (iii) any interest, and (iv) all fees and costs associated with the preparation and filing of a Notice of Delinquent Assessment (including mailing costs not to exceed the maximum amount allowed by law), and states by written notice that such amount is paid under protest, and the written notice is mailed by certified mail not more than thirty (30) days from the Recording of a Notice of Delinquent Assessment. Upon receipt of such written notice, the Association shall inform the Owner in writing that the dispute may be resolved through alternative dispute resolution as set forth in Civil Code Section 1354. The right of any Owner to utilize alternative dispute resolution under this Section may not be exercised more than two times in any single calendar year, and not more than three times within any five (5) calendar years. Nothing within this Section shall preclude .any Owner and the Association, upon mutual agreement, from entering into alternative dispute resolution in excess of the limits set forth herein. An Owner may request and be awarded through alternative dispute resolution reasonable interest to be paid by the Association in the total amount paid under items (i) through (iv) above, if it is determined that the assessment levied by the Association was not correctly levied. 13.6.8 Notice of Noncompliance. After Notice and Hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Residence owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Residence and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied. 13.6.9 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of the Members (excluding the voting power of any Owner who would be a 1-W627262.4 IIIIIII ��I�II III II�I�III OIII III III�II�I III IIIIII�II I�fI iz 2002-745938 se or�ieaEM defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the use restrictions contained in Article VII, (i) to enforce the architectural and landscaping control provisions contained in Article Vill, (iii) to collect any unpaid assessments levied pursuant to this Declaration, (iv) for a claim, the total value of which is less than five hundred thousand dollars ($500,000.00), or (v) as a cross -complaint in litigation to which the Association is already a party. If the Association decides to use or transfer Reserve funds or borrow funds to pay for any litigation, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating (funds cannot be used, how and when the reserve funds will be replaced or the loan will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly. 13.7 Interpretation. 13.7.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted So as to be consistent with applicable laws and regulations, including ordinances and regulations of the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California. 13.7.2 Restrictions Severable. Notwithstanding the provisions of Section 1;3.7.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. 13.7.3 Singular Includes Plural. Unless the content requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 13.7.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof. 1-uv627262.4 86 111111Iit11111111111111111111111111111Ili11111111111111zz009 or©104� 13.7.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months or years, as applicable. 13.8 Reservation of Easements. Declarant and the Merchant Builders hereby reserve for the benefit of all of the Properties reciprocal easements for access, ingress and egress for all Owners to and from their respective Lots; for installation and repair of utility services; for encroachments of Improvements constructed by Declarant and Merchant Builders or authorized by the Architectural Review Committee over the Common Area; for drainage of water over, across and upon adjacent Lots and Common Area resulting from the normal use of adjoining Lots or Common Area; for necessary maintenance and repair of any Improvement constructed by Declarant or a Merchant Builder; easements as may be shown on any Recorded subdivision map or Recorded parcel map of any portion of the Properties; and for such other purposes specified in this Declaration. Such easements may be used by Declarant and the Merchant Builders, their successors, invitees and purchasers, the Association, and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Properties, for pedestrian walkways, vehicular access and such other purposes specified herein or reasonably necessary for the use, maintenance and enjoyment of a Lot or the Common Area. Declarant hereby reserves easements for the installation and maintenance of master antenna or master cable television antenna service, as provided in Section 3.8. 13.9 No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use. 13.10 Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties. Each Owner, by acceptance of a deed or other conveyance of a Lot, whether or not it shall be so expressed in any such deed or other instrument, acknowledges and understands the following. 1-w627262.4 jII I 87 111111111 t Iillll IIIIII III IIIIIIII MI III IIIIIIII III IIIIIII1IN (2 2092-745938 11 f 04 n 13.10.1 Entry Gates. Vehicular access into the Properties may be controlled by electronically operated entry gates located at the private street entrances into the Properties, which facilities will have pedestrian gates that will not be controlled in any way, and will be open to the general public. There may be additional controlled access pedestrian gates at other location within the Properties. There are no assurances that entry gates will be staffed. If staffing is provided, the schedule for commencing gate staffing operations and the hours of staffing will be subject to change as development progresses and will be affected by the commencement of Common Assessments in future Phases of Development. Interim staffing may be provided by Declarant or the Merchant Builders, at their sole cost and discretion, as a part of development operations at the Properties. Interim gate staffing may be modified or eliminated at any time without notice. 13.10.2 Gate Operations During Marketing Period. Declarant reserves the right to limit the operation of any vehicular entry gates during the "Marketing Period" (as defined in Section 10.4) when Declarant or Merchant Builders are constructing and/or offering Residences for sale. During the Marketing Period the entry gates will be open to the general public including Declarant and Merchant Builder construction and model home traffic from the earlier to occur of 7a.m. or dawn to the later to occur of 7p.m. or dusk seven days a week. Declarant may change the hours of gate operation in its; sole discretion and without notice to accommodate construction and marketing activities. 13.10.3 Security and Privacy Disclaimer. Entry gates and entry gate staffing services are not intended to provide security for persons, personal property or Residences within the Properties. Declarant, the Merchant Builders and the Association do not undertake to provide security for the Properties nor do they make any representations or warranties whatsoever concerning the effect the gates or gate staffing may have on vehicular and pedestrian access through the Properties or the privacy and safety of the Properties. 13.11 No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, 1-LA1e27262.4 88 IIIIIIIIIIIIIIIIIIIIIIIIiIII IIIIIIIIIlI IIIIIIIIII 11 IN I22003 of e4 taxes or regulation thereof, except as specifically and expressly set forth in this Declaration and except as may be filed from time to time with the DIRE or with any other governmental authority. 13.12 Standard of Care, Nonliability. 13.12.1 Scope of Powers and StandardofCare. (i) General Scope of Powers. Rights and powers conferred on the Board, the Delegates, the Architectural Review Committee or other Committees or representatives ol'the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, Delegated, Architectural Review Committee or other Committees or representatives of the Association by the Restrictions or applicable law, the Board, Delegate and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. (ii) Business Affairs. This Subsection 13.12.1(ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances and Architectural Review Committee member actions. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial date, in each case prepared or presented by: (1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, Independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; (3) A Committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the t-LN627262.4 89 IIIIIIIIIIIIilllllllllllllll11181111111111111111illlll ,2zes9 020806F1 need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted; or (4) This Subsection 13.12.1(ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule applicable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 13.12.1(ii). Association Governance. This Subsection 13.12.1(iii) applies to Board actions, Architectural Review Committee decisions and Covenant Committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. 13,12.2 Nonliability. (i) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts"), except to the extent that injuries or damage result form the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from :such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct. The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Delegates, the Association's officers, the Manager of the Manager's staff. (ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortuous act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365.7 of the California Civil Code, as modified, amended, or replaced, are met. 1-we272s2.4 II ffII II I I I gp I I�I�fI ��III� �Itl II I��II II�� I�� III��I �I� Ilfl I�I�I III S 12 13"2o6920, 008 13.13 Enforcement of Certain Bonded Obligations. If (i) the Common Area Improvements located on any Phase of Development of the Properties are not completed by the developer (Merchant Builder or Declarant, as the case may be) of :such Phase of Development of the Properties (herein the "Developer"), prior to the issuance of a Final Subdivision Public Report for that Phase of Development by the DRE, and (ii) the Association is obligee under a bond, letter of credit or other arrangement ("Bond') required by the ORE to secure performance of the Developer's commitment to complete the Improvements, the following provisions of this Section will be applicable: 13.13.1 Board Action. The Board shall consider and vote on the question of Association action to enforce the obligations under the Bond, with respect to any such Improvement for which a Notice of Completion has not been filed, within sixty (60) days after the completion date specified for that Improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed, within thirty (30) days after the expiration of the extension. 13.13.2 Member Action. A special meeting of Members, for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the Board's failure to consider and vote on the question, shall be held no fewer than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by not less than Members representing not less than five percent (5%) of the Association total voting power. A vote of Members representing a majority of the Association voting power, disregarding any votes attributable to Lots owned by the Developer, to take action to enforce the obligations under the Bond shall be deemed the Association's decision, and the Board must thereafter implement this decision by initiating and pursuing appropriate action in the Association's name. 13.14 Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall prevail. In addition, if there are any conflicts or inconsistencies between this Declaration or any of the 1-We27262.4 I I I{ 91 IIIIII Nilll III IIIIIIII IIII III IIIIIIOI III III I � IN IIII l2 � 96662 0 1048R Restrictions, and any documentation executed by a Merchant Builder and Declarant in connection with the sale of any property in the Properties to the Merchant Builder (collectively "Development Documents"), as between Merchant Builder and Declarant, the terms and provisions of the Development Documents shall control. 13.15 Dispute Resolution. Any disputes between all or any of the Association, Merchant Builders, Owner(s) and the Declarant or any director, officer, partner, employer, contractor, subcontractor, design professional, consultant or agent of the Declarant (collectively "Declarant Parties") arising under this Declaration or relating to the Properties (excluding disputes solely between Declarant and any other Declarant Party or Parties), shall be subject to the following provisions: (a) Construction Defect Disputes. Prior to the commencement of any legal action by the Association or any Owner(s) against a Merchant Builder, the Declarant or Declarant's Party based upon a claim for defects in the design or construction of any Residence, Common Area or Improvements thereon, the Association or Owner must first comply with the requirements of Civil Code Section 1375 (notwithstanding the fact that Section 1375 does not apply to Owners by its terms). If the parties are unable to resolve their dispute in accordance with the procedures established under Civil Coders Section 1375, the dispute shall be resolved in accordance with subsection (c) below and the parties shall each be responsible for their own attorneys' fees. (b) Other Disputes. Any other disputes arising under this Declaration or otherwise between the Association, any Owner, a Merchant Builder and the Declarant or a Declarant Party (except for action taken by the Association against Declarant for delinquent assessments, and any action involving any Common Area completion bonds)(excluding disputes between Declarant and any Merchant Builder) shall be resolved in accordance with subsection (c) below. The dispute resolution procedure in subsection (c) as it applies solely to the dispute under this subsection (b) shall be deemed to satisfy the alternative dispute requirements of Civil Code Section 1354, as applicable. (c) Judicial Reference. Any unresolved disputes under subsections (a) and (b) above, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure Section 638(1) and 641-645 or any successor statutes thereto. The parties shall cooperate in good faith to ensure that I-LN627262.4 J 92 1111111I 111111111111111111111111111111111111111111 1111 z zee 97 o08 f 1040F all necessary and appropriate parties are included in the judicial reference proceeding. The parties shall share equally in the fees and costs of the referee, unless the referee orders otherwise but shall each be responsible for their own attorneys' fees. The general referee shall have the authority to try all issues, whether of facto or law, and to report a statement of decision to the court. The parties shall use the procedures adopted by Judicial Arbitration and Mediation Services ("JAMS") for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties), provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise: located; (1) The proceedings shall beheard in the county in which the Project is (2) The referee must be a retired judge or a licensed attorney with substantial experience in relevant real estate matters; (3) Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the reference services, or, if no entity is involved, by the court with appropriate jurisdiction; (4) The referee may require one or more pre -hearing conferences; (5) The parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (6) A stenographic record of the trial shall be made, provided that the record shall remain confidential except as may be necessary for post -hearing motions and any appeals; (7) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and (8) The referee shall have the authority to rule on all post -hearing motions in the same manner as a trial judge. The statement of decision of the referee upon all of the issues considered by the referee is binding upon the Parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the referee shall be t-LM27262.4 93 IIIIII IIIII III IIIIIIII IIII III IIIIIIII III IIIII II1IIII 122009 of 104090 appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties. The parties acknowledge and accept that they are waiving their right to a jury trial. [Remainder of Page Intentionally Left Blank] i-i1U627262.4 94 IIII I II III II1III IIII II) 111111 II 11111 IIII 111 12 20302929 of 164 " Declarant and Lamperti have executed this instrument as of //. /'' _, 2002. DECLARANT: ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide t,y Investors, Ltd., an Ohio limi d li bility co any Its: Manaoina em r n I Brian J. Ellis President and Chief Operating Officer LAMPERTI: 1-LN627262.4 95 I111111111111111111IIIN1111111111111111111111111111111 rz�ee16 2of 104 STATE OF CALIFORN[A ) COUNTY OF Marin ss: On Nov mhpr 19 , 2002 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Albert C. Lamnerti personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Were 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, r rTt9' r�f3 IN6 dt icia eal. 0p GOMM p1305162 � LL �� NOiA0.V pU8UCGALIFORNIq � �` MARIN COUNTY O My Comm Evpins JUM Xl 200s 1 S. DARRING70N STATE OF CALIFORNIA 0 COMM IC-C LIF ) d • NOTARY PUBLIC-CALIFORNIA Ss: MARIN COUNTY COUNTY OF Marin t My Comm ERplu June m 2oos On November 19 , 2002 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Judith amPerti personally known tome (or 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 sarne 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. WITNESS my hand and official seal. r S. DAR RINGTON Op COMM. Y13OW2 LL 0 NOTARY PUBLIPCALIFORNIA Q MARIN COUNTY 1 Y�>vv M, Comm. ap¢z June 2D, 2W5 STATE OF CAIPP(5-RNIA COUNTY OF ss man �l�' S. Darrington aryPu II On l_AQVf, fjj1�1G� L02002 efore me, the undersigned, a Notary Public in and for said County and State, personally appeared 0/1 S personally known to me (or 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. WITNESS my hand and official seal. SARAH BOOR BENNETT Notary PuEto state of Otto My Gommlasbn t�VIms 08.12.00 Notary Public IIIIIIIIIIIIIIII IIIIIIIIIIIIII IIIIIIIIIII gIIIIIIII1I1 r2ze02�208a04 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY IN FIRST SUBDIVISION Lots 117 through 140, 142 through 154, 214 through 272, inclusive of Amended Tract No. 29894-2, as per map recorded in Book.A;17, Pages �- through �{ , inclusive of Maps, Records of Riverside County, California. 1-W627262.4 A-1 IIIIIII111111III 1N111111NIII 111111111111111111111111 ,zz13 eez 02oBe104R EXHIBIT "B" DESCRIPTION OF ASSOCIATION PROPERTY AND ASSOCIATION EASEMENT AREA IN FIRST SUBDIVISION Lots E, H, K, S, CC, FF, LL, and MM, inclusive of Amended Tract No. 29894-2, as per map recorded in Book,J27, Pages .,S, through SIR' , inclusive of Maps, Records of Riverside County, California. Association Easement Areas: The Association maintains an easement over Lots O and EE of Amended Tract No. 29894-2. as per map recorded in Bookd!jZ, Pages6(a through � , inclusive of Maps, Records of Riverside County, California, pursuant to that certain Easement and Road Maintenance Agreement entered into by and between Declarant and the Association dated and recorded on /Z'13— 2 as Instrument No. �%//S in the Official Records of Riverside County, California. 1-L,N627262.4 13-1 IIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIN iz213/8 001034zea104Q EXHIBIT ,C„ DESCRIPTION OF ANNEXABLE AREA Lots 1 through 116, 141, 155 through 213, 273 through 346, A. B, D, F, G, I, J, L through R, T', U, W, GG, HH, DD, JJ, II, KK, NN, along with those parcels shown as remainder parcels, inclusive of Amended Tract No. 29894-2, as per map recorded in Book7, Pages So through inclusive of Maps, Records of Riverside County, California. 1-LAB27262.4 C-1 IIIIIIIIIIIIIII IIIIIIIIIII iIIIIIIIII IIIIIIIIIIII IN 12200� q42 f 1& RECORDING REQUESTED BY: The Hideaway Owners Association AND WHEN RECORDED MAIL TO: Wayne S. Guralnick, Esq. Guralnick & Gilliland, LLP 74-399 Highway 111, Ste. M Palm Desert, CA 92260 DOC p 200E5-0820720 10/06/2005 0a:60A Fee:19.00 Page 1 of S Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Clerk d Recorder IIIII IIIIIII Ili IIII I IIII IIII IIIIIIII III IIIII IIIi III M S U PRGf $ILF W VCCR NOCOR 6M= M$C N A R L cow Lorvc _ REfu,q nlCµ; E%µ FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY [Cover Page] IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. 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. 100 C /21— II FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, f RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY -A4. THIS FIRST AMENDMENT is madethisAl-day of 05, by the written consent of at least fifty-one percent (51 %) of the membership of the Association, which is le ally described as Lots 117 through 140, 142 through 154, 214 through 272, inclusive of Amended Tract No. 29894-2, as per map recorded in Book 327, Pages 56 through 88 of Maps, Records of Riverside County, California; Lots EH, K, S, CC, FF, LL and MM, inclusive ofAmended Tract No. 29894-2, as per map recorded in Book 327, Pages 56 through 88, inclusive of Maps, records of Riverside County, California: Association Easement Areas: The Association maintains an easement over Lots O and EEofAmended Tract No. 29894-2, as per map recorded in Book 327, Pages 56 through 88, inclusive of Maps, Records of Riverside County, California, pursuant to that rertain Easement and Road Maintenancq Agreement entered into by and between Declarant and the Association dated December 4, 2002 and recorded on December 13, 2002, as Instrument No. 2002-745937, in the Official Records of Riverside County, California: and Lots 1 through 116, 141, 155 through 213, 273 through 346, A, B, D, F, G, 1, J, L through R, T, U, W, GG, HH, DD, JJ, It, KK, NN, along with those parcels shown as remainder parcels, inclusive of Amended Tract No. 29894-2, as per map recorded in Book 327, Pages 56 through 88, inclusive of Maps, Records of Riverside County, California. and WHEREAS, the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for The Hideaway (hereinafter"Restated Declaration") was recorded December 13, 2002, a3 Instrument No. 2002-745938, records of Riverside County, California, and the Supplementary Declaration of Annexation of Property recorded August 19, 2004 as Instrument No. 2004-0656071, records of Riverside County, California; and WHEREAS, pursuant to Section 13,2.2 of the Restated Declaration, at least sixty-seven percent (67%) of the entire voting power and at least fifty-one percent (51 %) of the voting power (excluding Declarant and any Merchant Builder) of the Association must consent to amend the Declaration, which consent was obtained; and WHEREAS, pursuant to Section 13.2.2 of the Restated Declaration, requires that the Secretary or other duly authorized officer of the Association execute an instrument certifying that the amendment was approved by at least sixty-seven percent (67%) of the entire voting power, as well as fifty-one percent (51 %) of the voting power (excluding Declarant and any Merchant Builder) of the Association NOW, THEREFORE, the undersigned officers of the Association declare that Sections 7.3 and 13.3 be amended within the Restated Declaration as set forth in Exhibit A, attached hereto and made a part hereof by this reference. S:0 -i 7ZCC&R:%mend=&R.wpd FIRST AMENDED AND RESTATED CC&R5 CERTIFICATE OF SECRETARY The undersigned, as Secretary of The Hideaway Owners Association hereby certifies and acknowledges under penalty of perjury that the above First Amendment to the Restated Declaration was approved by written consent of sixty-seven percent (67%) of the entire voting power, as well as fifty-one percent (51 %) of the voting power (excluding Declarant and any Merchant Builder) of the Associabon, evidence of which is on file in the office of the Association. The Hideaway Owners Association A California Nonprofit Mutual BenefitCorporation Date: — j By'`'%L�i%s;%% �' '� G+" PrinteLohman d N e: LBriNe: Secretary Cary SA04-17PCC&RsNn d.CC&Rwpa 2 FIRST AMENC ED AND RESTATED CC&RS EXHIBIT A The text of the Amended and Restated Declaration shall be as follows:` 7.3 Landscaping. Within hree hundred sixty (360) days after commencement of construction of Lot, the Owner must install and must thereafter maintain (except for any landscaping to be maintained by the Association) plants, shrubs, trees, and any other appropriate landscaping Improvements, pursuant to plans and specifications approved by the Architectural Review Committee, on all yard areas that are not on or are assigned as exclusive use easement areas of the Lot. Each Owner must properly maintain and periodically replace when necessary all trees, plants, grass, vegetation and other landscaping improvements located on such Owner's Lot which are not the maintenance responsibility of the Association. No plants or seeds infected with insects or plant diseases may be brought upon, grown or permitted to exist upon any part of the Properties. Subject to Article Vill, the Board may adopt, amend or .supplement the Architectural Review Committee Rules to regulate landscaping permitted and required in the Properties. If an Owner fails to install and maintain landscaping in conformance with the Architectural Review Committee Rules, or allows his Lot or landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board„ upon thirty (30) days prior written notice to such Owner, may seek any remedies at law or inequity which it may have and, after Notice and Hearing, may correct such condition and enter upcn such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner as set forth in this Declaration. 13.3 Notification of Sale of Lot; Transfer Fee. No later than thirty (30) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferor or the transferee shall notify the Golf Club Owner and the Association in writing of (a) the name and address of the transferee and transferor, (b) the date on which such sale or transfer is to be or was consummated, (c) a statement, executed by the transferee, that the transferee has been received, and acknowledges receipt of a copy of this Declaration, the Bylaws, Articles of Incorporation and other governing documents, (d) a statement, executed by the transferee, that the transferee agrees to be bound by all the provisions of the Declaration, the Bylaws, Articles of Incorporation and other governing documents, and (e) the name and address of any Mortgagee of such transferor and transferee. Any outstanding and unpaid Assessments shall be paid to the Association prior to the transfer of such Lot. Unless and until such notice is given and any unpaid Assessments have been paid to the Association on behalf of the transferor, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to (a) receipt of any such notification by the Association, (b) the payment of Assessments by the transferor, and any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor. Strike ati indicates deletions; double -underline indicates additions, SV4-117SICaF3W wd.CM.mA 3 FIRST AMENDI-DAND RESTATED CCSFS CALIFORNIA ALL-PURPOSE State of California Count of Riversi e On -� 2005, Notary ublic, personally appeared ] personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(<whose name,(3'J is/ars -+-�+acknowledged subscribed to the within instrument and to me that he/sheAhey executed ERGUSON5 the same in his/bgatbeir authorized) ca acitns1339215 p y(ies)c- Califomio ; e COun - Am and that by his/ben4hse r signaturekeon the a�a tz,2aoa instrument the person or the entity upon behalf of which the person6s� acted. execuferi fha OPl 1�~%L Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNERS ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE U:var Documenisv«rawcknowieeement.W IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIBIIIIIIIIIIIIIIIiillill 10,�8605 B997219 F ,trerflgf REEORDING REQUESTED BY AND RETURN TO: VERIZON CALIFORNIA INC. Eldon E- Jensen — CAEU NE Right of Way Department 11 so. 4 th. St.., 2 nd. Floor Redlands, CA 92373 Doc. Transfer Tax Due $ Verizon California Inc. R/W #72-543-04 W/O. #7POOIDD DOC a 2005-05G2133 07/14/2005 08:00A Fee:10.00 Page 1 of 2 Recorded in Official Records County of Riverside Larry IJ. hard Assessor, County Clerk 4 Recorder 1111111111111111111111111111111111111III 111111 M $ U RAGE ZE p/. VCOq NpCryt %5 NISC. A R L -PV I LGNG pEFLNp �CPG E. GRANT OF EASEMENT I o USE E THE GRANTOR, ND LA QUINTA PARTNERS, LLC, a California Limited Liability Company, hereby grants to VERIZON CALIFORNIA INC., a corporation, hereinafter referred to as GRANTEE, its successors and assigns, an easement and right of way for the purposes of constructing, using, maintaining, operating, altering, adding to, repairing, replacing, reconstructing, inspecting and/or removing its facilities, consisting of; but not limited to: poles, cables, wires, amplifiers, crossarms, anchors, guys, braces, underground conduits, manholes, handholes, pedestals, above and below ground vaults and enclosures, concrete pads, markers and other appurtenances, fixtures and/or facilities (hereinafler sometimes collectively called equipment) necessary or useful for the transmission of electric energy for communications, telecommunications, video, intelligence by electrical means and/or other purposes on, over, in, under, across and along that certain real property situated in the County of Riverside, State ofCal:fom:a, described as follows: A non-exclusive easement within those areas delineated as P.U.E.'s (Public Utility Easements) and within those areas delineated as Public and/or Private Streets, all lying within Tract 29894-2, , as per Map filed in Map Book 309, Pages 18 through 50 inclusive, Tract 29894-2 Amended, as per map filed in Map Book 327, Pages 56 through 88 inclusive, Tract 29894-3, as per Map filed in map Book 351, Pages 35 through 48 inclusive, Tract 29894-4, as per Map filed in Map Book 351, Pages 49 through 57, inclusive, and Amended Tract 29894-2-2, as per Map filed in Map Book M'I , Pages fob through aZ, inclusive, of Maps, in the Office of the County Recorder of said Riverside County. This legal description was prepared by Grantee, pursuant to Section 8730(c) of the Business and Professions Code. THE GRANTEE, its successors and assigns and their respective agents and employees, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the right to remove such growth as may endanger or interfere with the use of said easement. Such rights shall be reasonably exercised and the Grantee shall be liable for any damage negligently done by it to the above described property. Signature(s) and Notary Acknowledgement(s) attached hereto GRANT OF EASEMENT Page 2 of 2 R/W #72-543-04 W/O.#7POO I DD t/t IN WITNESS WHEREOF, said Grantor(s) has/have executed this Instrument this L day of�, 209(S SIGNATURE OF GRANTOR:' 'U ND LA QUINTA PARTNERS, LL�C, a California Limited liability Company Typed or printed name- ( Title: V ide P&es j t."' Typed or printed name: Title: ALL PURPOSE CERTIFICATE STATE OF. Cat t 6-n r a' COUNTY OF ICI11¢XStc%� ��zyK�� On this_ I R'f day of h6a 204, before me, the undersigned, a Notary Public in and for said County and State, personally appea e� cL, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/ham/tttsir authorized capacity(ies), and that by his/her/thbir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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P \kf, c+tl 1Xkd �tti ,..Qc'"4 `(t'1 : `; _AAcit t xkl" zi 'V' Ceps " take 404: 'unlcAlt c'.. c((u� (+'i/+, ltil{ " '( _.c« ,I �'`p�'tti..lcCtet[iif�� trk_I_Al aacl(:• (ll(�(.c`� �C(<�,��tAsu"ty rnc. ct\Lft:t•:-I,.\t ^�, clli(t 4}Y d` -C Cia CL{ (( iatllt•C ''C:\l1 v�-F SCCL •.. r j%i 2.'(c1 t'f"CODUt� t'.\c "" I i\tU c'_tAd� cA(aci :c'Ei•l C(CUT U_u :t_.c?.at bai. clt E.•CtfV oit\I.tgJ. a S "r = YxC4%A GLk-k-CL CA v, Yi rit I�tos" CC'zua C ic( f(C=t� U� i'tayUCC ICd',i r�J c-• 'G+l CI °�� .��t�t >}�,�1 ,�.. t�Y�. a ,.a-�,� 1L��,✓f �'>_(,�. �`� !dt��,t .�t\tom (.lt _� \�111 (ulcttrL.,rLt�o ua'CJ e. �c, , v 'o I! I lmwvoo C, I ld tkc A g;k) oz.,c Qll c,. 10, 1 50 k,W tit- CV Gi I i L (kl!uz,k k A %,t k.- A 6k A C, "I A k 'A 1. 1 A," Otkl? -(A:A L uJk �1t , AV( A t WId G uacfi C, f vl Dili MY'. IS CCCAJ -IC-Cc, k AZ ,lx !WtlA_lj t( k I A. I t CU (tkkQ,; t, k It kt - CIO _Wkak,, I h wlw, L v CU, k du' cauvN, 1A tf kk �L daall w fxu kl� b Q ol 't.vkl.v ty Lk Lk - 5,,_Q o -T: tl ................. a 4� c I, 1.ettilc., CL k G ILA C CL. 00 7c bi v kaIXJ CJ ti.t. XCAU CM LL IOC- t tki 17L dlk IILO�'�CkXJ Ca Of fl C-1-J00C way too", tux" O eA;ecK 4 "'f, (C. VLIj' L 0 It C(L f r .I 3L "Z Q)i c Jlrf fit It w"w; ct 't, ct t"C Ann, No Recording Fees Required Per Government Code Section 27393 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1038 Coachella, California 92236 COC 0 2001-020000 e1/23/7041 N:044 Foa:Rc P.R. a .f :o ma"P4N In OMGM Roanrdo oowiy of NAVOPOrl419 Gary L. Or.. Assessor. Ceaft Clark A Rwerdbr 110111101111ME m s u IIu wI w Ica r.ocaa w we —i M R L CM tpq M1'VM'i KM �IIIIf (Space above this line for Recorder's use only) 001 NOTICE OF DISCONTINUED USE AND ABANDONMENT OF RESERVED RIGHTS -OF -WAY BOULDER CANYON PROJECT, ALL-AMERICAN CANAL SYSTEM, COACHELLA DIVISION 6AS•cpWrd%0hjm* 0 cmwy club of" When recorded return to: U.S. Bureau of Reclamation Yuma Area Office P.O. Box D ORIGINAL. Yuma AZ 85366 1-07-34-L1221 UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION YUMA AREA OFFICE I THIS NOTICE to the Landowner and all interested persons whomsoever is made on behalf of the UNITED STATES OF AMERICA, by the Area Manager, Yuma Area Office, Lower Colorado Region, Bureau of Reclamation; WITNESSETH: WHEREAS, the Act of August 30, 1690 (26 Stat. 391) provides, That in all patents for land hereafter taken up under any of the land laws of the United States or on entries or claims validated by this Act west of the One Hundredth Meridian, it shall be expressed that there is reserved from the lands in said patent described a right-of-way thereon for ditches or canals constructed by the authority of the United States; and WHEREAS, the United States exercised such reserved right-of-way in the form of righta-of-way for the construction, operation, and maintenance of the Unit 6 Lateral Distribution System, portions of 119.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.6, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.6, 119.7, 120.0 and 120.0A lateral right-of-way across certain lands in sec. 9 and 10, T. 6 S., R. 7 E., S. B. M., Riverside County, State of California, of which rights -of -way are more particularly described in Exhibit's A and E. 01/23/fttl ON Oaf; 1. Notwithstanding such exercise, the United States has now determined that it no longer requires the use of certain portions of the rights -of -way acquired under the Act of August 30, 1890 (26 Stat. 391) for said Unit 6 Lateral Distribution System, portions of the•129.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8, 119.7, 120.0 and 120.OA Laterals. 2. a. Notice is hereby given that the United States is discontinuing its use of only those certain portions of the reserved right-of-way which are more particularly described in Exhibits A and B, attached hereto and by this reference made a part hereof, b. The United States assumes no liability for any lose or damage of any kind or description which may result from the discontinued use of said portions of the 119.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8, 119.7, 120.0 and 120.OA Laterals and reserved right-of-way identified on Exhibits A and B. C. The depiction, if any, on said Exhibits A and B of any other right-of-way is incidental and neither such depiction nor the omission from said Exhibits A and B of the depiction of any other existing Government right-of-way should be relied upon for any purpose. 3. a. Nothing in this "Notice of Discontinued Use and Abandonment of Reserved Right -of -Way" shall be construed as abandonment, forfeiture, or relinquishment by the United States of its remaining rights -of -way for the 119.6S-0.3-0.3, 119.65-0.3-0.5, 119.65-0.8, 119.65-1.1, 119,65-1.3, 119.65-1.E, 119.65-1.8, 119.7, 120.0 and 120.OA Laterals, Unit 6 Lateral Distribution System, nor as abandonment, forfeiture, or relinquishment of its basic patent right reserved by the Act of August 30, 1890 (26 Stat. 391); and b. Pursuant to the Act of September 2, 1964 (88 Stat. 808), the Landowner will be notified of the United States, intent to exercise the reserved right-of-way and will be compensated for the right-of-way easement and any structures or improvements within the required construction area. 1-07-34 L1221 /P.�L'I of 24Be9R Dated this —4— day of j G ber , 2000. UNITED STATES OF AMERICA ey: rea Manager Yuma Area Office Lower Colorado Region Bureau of Reclamation Concur: COACHELLA VALLEY WATER DISTRICT LAY eneral Manager 1-07-34-L1221 3 2feINE1111II1II10IIN110 State of Arizona) ) as. county of Yuma ) .on this A day of Z_` Z' , 20QD_, before me /�nf7aj'# tSIlj r a notary public in and for said County and State, personally appeared r -!� / ��/ i S, Area Manager,, Yuma Area Office, Lower Colorado Region, Bureau of Reclamation„ United States Department of the Interior, known to me to be the person described in the foregoing instrument, and acknowledged to me that executed the same on behalf of the United States of America in the capacity therein stated and for the purpose therein contained. ARMSANWR N"ft - Yl1MA tAdSAd� My 00m4M$WCM lNIno LIOWWWAPAIL98, 2003 My Commission Expires: (SEAL) 1-07-34-L1221 Notary Public in and for _ County of Yuma, State of Arizona 4 State of California i County of Riversids _) On this 17th day of January 20Q1—, before me, Grace Barraaan , a Notary Public in and for said County and State personally appeared Stev_, Rohhinc _ Name Assistant to the General M&uW= of the District, known to me to Title be the person described in the foregoing instrument, and acknowledged to me that he executed the same on behalf of the Contractor in the capacity therein stated and for the purposes therein contained. II Notary Public in and Ur the County and State Thereof My Commission Expires: Jrmnary 28. 2002 (Seal) GQACh 9ARR4A,y Ccm..•ift �n r ; :j67C67 N.luiCe County - MYCc':'an. fap'rls,pn 2A 7J02 1-09-34-L1221 5 1011 91 PWGSI916b�9OA LATERAL 119.65 - 0.3 - 0.3 ABANDONAIRNI' THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, EXCEPTING THEREFROM THE NORTHERLY 60.00 FEET. MARCH 31, 2004 j III OIIi1I1U11lillil l 11� e1 ` son "EMM A" LATERAL 119.65 - 0.8 kBANWNAffjjT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9 TOWNSHIP 6 SOUTH AS 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED As FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 15.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET. \'¢ � MARCH 3 , 2004 illi 0p lm ei.ii aawi 89 am a "EXMBrr A" LATERAL 119.65 -1.1 RT ABANDONMENT THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNMWINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 10, EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET. AMARCH 31, 2004 I ulmmol I llil l ai 1010 of F4 en 4 "EXH[BTT A" LATERAL 119.65 -1.3 RT ABANDONMENT THAT PORTION OF THE SOUf}iIiYEST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF THE NORTHEAST QUARTER OF SOUTHWEST QUARTER OF SECTION 10, EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET. 112 2 \,' 131. 200/ 11 ;f 24 "100MU A" LATERAL 119.65 -1.6 ABANDONMENT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET. �6 1� 28082 * MARCH 31. 2004 I IIIWIIA�1 II�ryI � BIU eiier�i3a( 24 en l2 "EJ+E01MIIT A" LATERAL 119.65 -1.8 ABANDONMENT THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICUT.ARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, EXCEPTING THEREFROM THE NORTHERLY 40.00 FEET. '?Jo.26662 ' MAACH 31, 2004 LATERAL 119.7 ABANDONMENT THOSE PORTIONS OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE NORTHEAST QUARTER OF SECTION 9 TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF TIM WESTERLY 40.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9 TOGETHER WITH THE EASTERLY 10.00 FEET OF THE WESTERLY 40.00 FEET OF THE NORTHEAST QUARTER OF SECTION 9. e �'�No. 26062 * MARCH 21, 2004 " EXFIEBTT A" LATERAL 120.0 do 120.8A ABANDONMENT THOSE PORTIONS OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 9 TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: AN EASEMENT 10.00 FEET WIDE THE CENTERLINE OF SAID EASEMENT DESCRIBED AS FOLLOWS: COMMENCING ENCING AT A POINT ON THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, LYING 10.00 FEET EASTERLY OF THE SOUTHWEST CORNER OF THE NORTHEAST CORNER QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9, SAID POINT BEING THE POINT OF BEGINNING AND THE CENTERLINE OF SAID EASEMENT; THENCE N00'02'13"E PARALLEL TO AND 10.00 EASTERLY OF THE WESTERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 716.48 FEET; THENCE N43.15'47"W A DISTANCE OF 75.13 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE COACHELLA CANAL AND THE TERMINUS OF SAID CENTERLINE OF EASEMENT; TOGETHER WITH THE EASTERLY I0.00 FEET OF THE WESTERLY 15.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9 TOWNSHIP 6 SOUTH RANGE 7 EAST, SAN BERNARDINO MERIDIAN. MARCH 31, 2004 imilloolmilmll2661-629090 110f24 A w LATERAL 119.65 - 0.3 - 0.3 ABANDONMENT MCl10N to, Tow"W • soUnt.lU m T up, "A 52M AVENUE °ff r W EASWENT C 1 LATSML 110s4 EXHIBIT B • Tff EIV6ElAE!(T I I I 1ff ENT I f 1 I I I ! I SCALE : 1"-ff 662 * MARCH f1.2004 * 1 Q ■ N a 1 N s 21 A i N "4uca"wcL BcRmmH ?" W=T. CA-Wssl r om"S."m rN cmm""m 11�1 MNYIN I1111eV�'1 tN"A LATERAL 119.65 - 0.3 - 0.5 ABANDONMENT BEYMIQ. TGPA"flWUMmmruff, IJJA EXHIBIT B 52M AVENUE r w I r 50' r 20 ■A86MENT EASEMENT Iq EASEMENT I ! I I I I I g¢OfE881p I I I 0 V1. w, —I------ 0.2ee82 _-- MARCH 31, 200/ 1 0 sn_ CMl. _�� 1 SCALE: t"-T00'zt� ■ N O I N■■ R 7I�COYNIRT6W AlY4>rd Ft MiM WY0.T,G6 Mil PPo i1P01i411P1 PAik(7MgfW/1'1 II, �I I 11„wll Pl�' �I,II ei,22�1 b9084BQR LATERAL 119.65 - 0.8 ABANDONMENT EXHIBIT Sam" 0. a sort", M"ll Ir wr, to," I� 10-E4EMENTT I IIII EASEMENT 1 1 54TH AVENUE t N O 1" U H K I M no (70 Ana ►AM PA w+m I IlIIilmilliumillill B1'oPu" w LATERAL 119.65 - 1.1 RT ABANDONMENT SLCTM 10. TOWNSHIP • SOUTH, MANOR 7 LAST. SA M. EXHIBIT B I I - I I ,0, E.Aseoff I s,0' MSEMENT1 ! VY EASEM I I ! ►- M EASEMENT I II I I I ! I --- ---I---- �"-- QAOFE88l0e.�j I!78662 MA CH 31, 2004 SCALE ■ N O I N N I N zvmcwms."" FAMCWDO-er AWCO IT.CCf6 m'OtlVRSO Ff I III H IIII III I� N1I �I� NI II IA IIII n�, z081,� 89Been LATERAL 119.65 - 1.3 RT ABANDONMENT EXHIBIT B WCn0N10.TON' 8HP6SOM.RANG!rMr. S.D.M. I ,a EasaLw 36' 1 10 —!- � I-- ,a EnsEMEr� — I — I { I I I i I — —+---I---JL — — — I-- ( I I 0 PpC E98,p�,. scmx . r-sw J%TsQ ■ N Y 1 N N O R I 7TNi 00titRlY CL.IJ1 ORtVR �11 R7 rAwaosr.�w.reu M. pat Hs"s rNc (W furtn pes20vsne LATERAL 119.65 -1.6 ABANDONMENT SWnON 10. IO NNM*P E SORT}. RANGE r EMT. SAM. 10'4ASWEW I -Ji' w �I,O'Er► EMEW I I � I I ,aeas I I ( I I 54TH AVENUE SCAU:1"05W Tooif @iP9dAI� ■ K O I N■■ R »rn aa�+m eus oecvR to rt ruwoonr, cA. mu rs.palfuno� a,Wgla�w.am I III I�III�IINNI I�NIN{ININI 81: It of24 EXHIBIT B 7n 0 0 LATERAL 119.65 - 1.8 ABANDONMENT SWIM 10.TOWIbHIP 640U,N. RANGET eA4f, 8.4.M. EXHIBIT B 10 I I { ,aEM ct 3s,��ASEMENT I� I I I rt,,0' EASEME I I I Scans: i*•5W MARCH 31 54TH AVENUE T� ■ N a 1 N f■ A natmurtarau4 onv� rtaw n�w4tatf,a.mu re rnmsalea rAX 00 M"M 1111IIM111111111111 illoIBl1 p�zPB121!.( eBR m N a LATERAL 119.7 ABANDONMENT WCMW •. TONaWWs aam+, awoe MW, Ma 52ND AVENUE EXHIBIT B W EASEM�T o 35' I 9 IIl; I f I I aQ m 2004 54TH AVENUE SCALE: i •-10W WATSON WATOON t N d I N a t R I N IALM aiUMIAC . Su I7pR7,/17 Rt 1140 . CA. CLUB t 4 mmsts-low I IYt� 1� NIA IIII �1 � �� II I,tI P1? 23 R 0f&4 LATERAL 120.0 & 120.OA ABANDONMENT SECTION S. TOWNSHIP S SOUTH, RANGE T W f. E.B.M. EXHIBIT B 52ND AVENUE 8011THERLY OF COACHELL4 CANAL �a.13 Na9.1a4rw I I 14.4 ( I NB•0719'E I W I 10� FAef1 w I� Q 54TH AVENUE SCM2 : ►•-laoa a N a 1 N a R "4ncota+t6Ycum Cm STS r4 rA0"W cPAXCF nep�w.na rAuoOlwrn I 11Nf NI11�I1111PoIIIIfI.,iluffil l 811 24 Of A4 e UiiITi;� Sl'efLS D�k AStT w f QF TNe IifiTsi IVEt Paroel C-6-36 SUiu5:1U l:�' Eitl;ll.ruJ.'rlt�d , � . - e'stk1I.:�7i Cai.YUi! PftLytryCT - hlil-rd�.i:ICa�r CaS.r1. C=MiCT AVO GRA; %*a2",r ' IUSe-ill e. 1944, pursuant to the Act of Congress ,tune l^, 1902 i32 :itat. qW?p and acts amendatory ta�reof or Ou�pl' b o, aai �ntic$ttrly, prr- avant to the .,ct of C rerBs` ra6t ie� 19 -fkg. tat. , between m UTAr,i11 OT^m,"LW A?,.6 Ct , gr referred to 40 the "Untted itates"' and HA-Jzg.G. M§§ b_h!bawd`prni ugo. t2ao tlg .hereinafter "collectively roterred to AO: - -. wITNL:5S1'fN: , ' The following grant and the Soling Mutual 06 grn! be- tween the parties:' fer.tho consideration hereinafter ,VVindor does harebv grftt 4>c. w unt.n t': r; United States., its successor:t and a$N°.o, the rid4:t, prittlogu WO to construct, reconstruct, lay, rcl'ay, operate, muntain, and re ve %t 1r.y t'_•❑c a wa,vr pipe lirw of not exam than _a ( V_y ditch,": _..-":div.� .er, •Vitt. all fixtures, devices and- used or _uer f,.a - i7: t:ie cpnrat4on of sW d.pail rc line, through, over Wd arrross Lie follow g described land situate in the pAveagides of Coliferais, to ujte follOWSt Centerline in Begimtsw at a point, an the north lime of said section, which is South d , forty-six minutes, twelve a (We 461 l2e) Hest two Imandred forty-six &W sighty-fwx handredt4o. (246.84) feet froe %tie morthemat aetjor of the Northwest quarter %orthsact quarter (Nk(;.N ) at said section theme from amid point of bealWAAS nth forty -torso dogma fs team mates; tit t We 151 2r) et forty-two h Odths- 2.71rf to the bosinnisc of a car" thaftee th and ee MOO) feet VenUAMSterly an 041 arc of a oarve ha a delta of f , fiftjw es, thirty sea (44e $82 ) 14% and a radius of four and five hondredtho (4605) Pam, theses paralZol to five sod so(A.5.00) feat mouth of the north line of add ( j, Novo' alghty-nine a fottp six too, twelve s i 46° 1W aaat, one thousand five hundred one and rse hundredths (1V feet, to the oast liens of sold section. Also Conterline Bt at a point, an the north ling of i �'eotioa which As SOuth eighty -nice degrees, fo=ty-.atae mimatos, twelve mends (W Ass 12:0) ,seat, tin hundred eighty ago and two hundredths' (281..fte the nortawast corner of bald Northwest quarter Northeast quhrtor ( 02) ) of ,said soeticai thence froa said point of begiaming South forty-tbrom degrosm, MARatm, twenty-two ascends (es 151 22") East, fifty-caven and tposty-4dne.hustrodths (57.29) fa" to the beginning of a our" theme thirty and no busdroWt o (306. '? feet along the of a curve, having a radius at forLy-faur and five kaw[rv4thA (44.05) feet and a delta of forty-six do6rmes, WV-eUht utoa, thirty seconds (460 58, 300) Left, thence parallel to and f1 and no Wt, (56.1)) feet with of the north line of said section dean , forty-six minutes, twelve seconds (Or 46e 121) Fact, one thimsoand five hwAred one and sixty throe hundredths (1501.63) feet to the east :line of said sectd:wn. Also Centerlino C: Parallel to mn3 ton and no hundredths (10.M feet seat of the west line of the Northeast quarter Northeast quarter (Nt:,NW of valor sactioai and extending fro)4 a point fifty-six and no hundredths (56.o5) foot south tz S. the north line of said Northeast quarter Nora 4;te quarter (Nf4) to the south line thereof. Also Centerline D: Parallel to and thirty-five and no hundredths (35,Co) feet nest of the waist ano of vaid, Forth half (sit*) an i exteaftme, fry the firth ltne to the ®oath Ilm thwmt. i 4 er:4083 �rF.%� than two feet of earthy measured from the outside of the pipe collar to the ground surface, shall cover said pipe line, except fixtures and appurtenances used or useful in the operation of srfd pipe line, which said fiy:ures and appurtenances may be si r distance either below or above ground sr -face. 3. The grant of -easement herein contained shall include the right to enter upon said premises, survey, construct, reconstruct, lay, relay, maintain, operate, control, use and move seid pipe line, 1*9 fixtures and appurtenances, and to remove objects interfering therPwith. Vendor reserves the'right to cultivate, occupy end`use said pretd ses for any purpose consistent with the rights and prvileges above granted and which will not interfere with or en- danger any of the structures or equipment of the United States or the use thereof. In case of permanent abandonment of @aid right of way, the title and interest herein granted shall end, cease and determine, the United States shall use due care in the construction and maintenance of said pipe line and appurtenances. 4. The grant of easement herein contained is subject to existing rights i of way forhighways, roads, railroads, canals, laterals, ditches, other pipe lines, electrical transmission lines and telephone end telegraph lines covering any part of the above -described land. 5. As eonplote consideration for the above grant of easement, the United , States agrees to pay to Vendor the sum of -Gro :;:v: .o - - - - - - - f - - - - - - - - - - - - - - - - - Lrollaas 'i$ 1•UO ),,provided,. howcvnr, that it is understoodf"and agreed that Om ages to trees, seedllhgsi vines and cro^s of whatsoever nature caused by construction of said pipe line shall be compensated for ecparately on the basis of an appraisal to,he made by the Bureau of declamation at the tix.e said damag" occur. -3- I �• No Malber of or Delegato to Congress or ident CoommDAxner *tali be witted to any share or part of this Contract or to any ben-€i 1, t^at My -;rise herefrom, but this restr ction wall not be construed to extnd to this eontraot-if- =do wito a corporation or company for its gcnord! bcn)fit. IN WITNESS WHNMF, the parties ht reto Karr caused this a; -runt to be qxw4ted.,ozlthe day and year first above written. THE UN1T%UjSTATL. OF AMZUCA, e • e, onstrtion iR,.nper .ie-.aid AN+ F' of K M rA j, Q t" 8 P o r ACKNU r.FrurY'!r,T STATE OF COUNTY OF 7 :5 On this �� ell in the year 194before me -dote a NotarY Public, nerspnelly appeared. known to me to be the personZ arose ha>/ _ subacribed to the , within instrument, and ackn^wledg; d than exc Inted the sT'ne'. . . IN WITIMSS 'W7 E'-,MF, I hnve hereunto met my h^nd xmd a4.se8 offic'Lal seal the day and year in this ccrtMcatc tlrst above rtt�x�tsn.- ......ii-4LiV.. _13v UMMY. W My ComTisoinn Exniraa: . e W 5� P15'L'�42.T/��1.,.• ,SLR!65'4 4 I v i e tA NV, P' 4 L=9G.0' ' y- REY MAP i{vd/h re�u/i•cd- £A�Cq�Ds.S fret goa.h a,v4d d" r_�/rfs/' !M@ (:A.Y.IL 3 .S Tl.♦N..a9E-<":?}♦E4V ZfSEW#T POR Dtii SWtO b M• .� a Far.: �oaC-u-16 sll�>y.uhA't:U>J � ''", tie undersigned, Trustee and Bftmficiary under that cortain Uee,: ,.>f 'frost dated the 18th day of duly, 1946, and recorded in hook 700 page 447 of Cfficial P:acorda in the office of the County iiecorcer of the county of .-' 3r- ' aloe, State of California, on Aufvst 10, 1946, do by these presents eubcrd:.nata said Lead of Trust to the armexed Contract and Grant of 3aasaent betwer the Tin:fed States of <JWica and ?,arold G. Kane and Dallis E. Hasa, husband end wile, as executed on the 18th day of April, 1949. iatad this day of �,/ 1949. T�Ilat:ePiciery t 1$92T: D lifL�-.CU iRA:rf1T'Cf14'bi! TI^.star � .. - Fts.,laasrtF E ea. On / C^s,} ,7x 9, befoue , $::hr�n ::oi.•isy lic, r:e snnal.l apt:u.it sc. - A� L:o -Cim; y me duly axorh, af.o.ted nq that , "ui lylooe y a.a t€--b�c, -- and , respectively, of thn= Zntpor;:t ioi the "P-hin inatrurcent, :.nd Known to na to be the parsons uipo uaocotud. toc sai<: ir:str,.anrit or. of 5:id coroorxtion by authority of ite byal S, .cld r :, t . ,uch cor_.a,r::tiou executod the swe. J �r i-iotary Public in and.for end::. jaw -Sy and State. Ccs;.l es -'gin dx::i res: �L California ) . r:r. M. •.• '31 r 194'� before nee, - -get"Y HRY't ,a .�..Ga e�,g� 3i, Lowly aI'll ,n-r 1 air P:r e rluly sworn, acatod to cla �4_ at they ara, aid are knafi hi3 As ta: law, r Pra l<'.ent : d See t°e ta'7.«. , respectively, -of tt'-a corrorit-Lw, e zec :Tea Sh„ .:Pthi.r: lestrwont, and krioan to ra f- be the oaraons aho ex®mat3:rf s :!.a iatrmaent on behalf of ss!.d corporation by authority of ita by;laxs, or: R^2:Ingl �u 6:�1 to :.n Oi%t such corporation exasutod-t'ie Sam). 6 a% 14 f:fv C.,ov1WmE3pim Jan 27. ry Feb 4s imemd ...f for asap. County and State. 'rCcab'iission i:xpiraa: W -l-c559 ,10,93 1. C-1 5S. Ln this day of in the F-lblic, nerson3lly appeared "23 kn.?, to M,: to he the person— whoop riame oub5,.ribecl to the inntr,xment, and acknowledged that r_h`_ nxenuted the aame. 171 VTT!:F': '.HF�O)F, I have hereunto sett oW hand and affixed my the d-ly and yeitr in thin certificate first, atow write cr.- Notary Publie v 3. moginaing at.ta. sE @sins ea td. joint Rli.esl *.ft 2. Basterlj_40M On joint 1 intormsetlon of laid w Ran" 1Lr roming 1w car of T 25, R::12Rj thane 3. 8outhorly aling::tle RMn T 25, and T 35, to-;tir 'Nn 4. Ra.tarly along: the line tMroofi then"-.. . i, .w R IXO thmoah MOM . earner of, maid T-a R Boundary iina'add"peintitalog ta@ 59-OMMr sf'Tie<9 A 1391 WAMM 6, vmaterly along the ;Joint fiiwiraid a.; sl:erl Co:v.ty Lnuid: rr '1u ar,: I joint RiwraideSan Diego Wanty Boancery ?.tn,: t.o ttr: R 6E; thence 7, ilor+.herly along tna Range line be'l:mg `E ^. 83'and 7S to the SE corner of Sec'i on 1J 7S. R 5 : tt n.ir- 8, vieoter^y alone the S line of Sectic.io -3, 11., 15, 16. -_7 anda corner of said Section 1S thereof, 151ic: last raerG::orPd '; _ ,.•.. 9, Vortharly along the West line of Seetlona 13, ` mid 6 T 7:m., r. sno of T 63, R 4h3 thence I-). 6ecterly along the S line of T fA., R /J•, to W.e ;-s earner c." 3„�a. .. thereof I thence 11. Northerly along the Range line r:in dng betacan tUngao 4E ana "9: fl- _ Tmmshipa 6S, i,S, and AoSt to the SE corner of T ;.I. :: 1?. slentarly along the 8 line of T 4S, R 39, to tie Tf cnmor r!' Seoctc. snarl T ,3, R, thereof 3 thence 13. No:•chsrly alone the N line of Sectims ;r% .1 :1 and 16 to the PR e:arr.t' of Section 8, said lest mentioned T k R said ia.lnt Y.drg o:: Use i. San Jacinto .Iountuln State Parki Chance 14. Noatorly olonf, the 8 lira of 8eatiooe`8 and 7, T 4", R X. being the 1 :'no of San Jacinto Mountain State Park and .the R 1Le of Snotionc 12 anrr 1.1. T 48, It 23, to-ttw SW owner at-@old-Ssotl. on 31, said loot rent land h; %*nos 21. AarOwly o2mg the A 11ra of 8@ Uom U end 2, T 4S, R X, Sections 35, 26 236 14, 11 and 2 T 36a R aand Sootlau X, 26,.23, 14, 11 ant 2, T 10, A 0,. td_Wks :91 Q*nW at said .8 Mon. 2-maid Lot rMtio ed T a It Saolading ""norm all Lnd ■athln tm lwovpwrtw Dandalea of tim cities of Pala 61rinp, Oab"on, indlo "d tkrahall i and W*" almladUe than-twe the follaNing 'MANdaaorlh@d @o ParooL 1 tad 2 lelaii PlM". 1. Soelroing et Cho NR ooniar of 6sattoa:300 1 Rg, R !RI VMM 2. 2~3y a4g tha:N Ilaa e! Ra@ttaR 3h to W 11 *truer of @a;t Snudon l w"t said Let mmuowd't'A Rt V" 3. 8aetdo 1KNOMY f A b to 84 a@ltia• of said ,areal Z ... Lk�liae... .... '4L smoierb mild 32 't.;6 yeti as aid ,PC rkt Galiig on Na VAw-Airie rt fn fr do- '51pihqiy along t he V7Dorset 4tion 44-'� ter ty, ilonj- t 31 ast- h S"Um 20 12 7 UsUr,ly' 26 solo 7 B=t)'FT 195 cm N1 a - //H//nl\\l\\\\\u///fie\\\\////////.\\\\\\\/////////_1\\\\\i\\\u/////////n\\\\\\\\� REcand,xc REouesrto ev OTHE WISE SHOWN BELOW.( AILS TAX STAANo, UNLEENTS T , ¢ OTHERWISE W1$E SHOWN BELOW. MAIL tAM eTA1EMENiS TO, 5 era r' City of La Quinta C LM '-I City Clerk IL 0\ -h P.O. Box 1504 :I:;, La Quinta, CA 92253 �aF c L ❑ne Owe, NO. Ela.No. e Y SPACE ABOVE THIS LINE TOR RECORDER'S USE — DOCUMENTARY TRANSFER TAX S ,I 0 computed an full value of properly conveyed, of GRANT DEED 0 computed on full value less liens and encumbrances remaining at time of sale. sgr.Iwe a OeWrw m Apo NON'." lb ium NYn FOR VALUABLE CONSIDERATION, receipt of which is acknowledged. La Quinta Estates . w.Al E� A limited partnership organized under the laws of the State of California , does hereby gram to the City of La Quinta a California Municipal Corporation ,+•.Yo.em+�"� 1 \) all that real property situated in the Cnyot La Quinta 71 for in an unincorporated area op Riverside County. California, k' described as follows (insert legal description): A perpetual easement and right-of-way for public street and public utility purposes in, on, under, across and through all that real property described per the attached exhibit "A" and exhibit "B", attached hereto and made a part hereof. ihn M 91EWAR1 117E tn. es m aammmeem art,: if foe n> It ea:mned as W 0 Assessor parcel No. N/A uecubvn a, e, m ,n exeet upon the tee Or �/ ae tAEpmfl,hN Exeeuledon L d"� ,19L, at La Quinta, California Qy La/ into Estates By l /I�leztl w � arfLncr l ,yid rid m..vm By 9ecretay STATE OF CALIFORNIA // /� 55. COUNTY OF Y 05 /7 F" Ie s -r On THE ,SN day of c —&4& in the Year 19Q1 before me, the uddevskoaed. a No y PVmx in no 10, 5md Stale. personally appea,ea /(%iclfa I / /f i✓en . persmani, Nrown to me (of proved TO me on the oasis of sa,islaolory evidende) to be lha person was executed [he wnnm msuumenl as Q RresiaepeGnGra/ PQ/Trr amid- -9CCR0rY�a ,.(Somerer aefpaol,Wly. of the n named, and acknawleaped to me that me{aspwalon a:ecu d . WITNESS my land and official seal - Notary of an or said $dle. (PAAUULAPJ. MA DEN ffoato {6S MiGHE3�COUNTY in * riri IV MAIL TAX STATEMENTS TO uYF eJ[W55 [ms mewxnwx uu, meo anm.wwm w,...,a.... v..o..,wMm.b.�w NW[e„s row rid-w. .a.w..n....rn.weo.erYwm.w�.«�.rwrorwm..w.www.'i�s aewwwm+..,uo,a �i h]NOLCuI,i, leC U r l 0 EXHIBIT"N' CITY OF LA QUINTA JEFFERSON STREET RIGHT-OF-WAY THOSE PORTIONS OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION S. TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN DESCRIBED AS FOL- LOWS: PARCEL'A' COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9 PER RECORD OF SURVEY BOOK 67, PAGE 76, RIVERSIDE COUNTY RECORDS; THENCE NORTH 89' 31' 37' EAST, A DISTANCE OF 107.39 FEET TO THE TRUE POINT OF BEGINNING BEING THE INTERSECTION OF JEFFERSON STREET AND 5380 AVENUE; THENCE NORTH 2' 13' 02' WEST ALONG THE CENTERUNE OF JEFFERSON STREET, A DIS- TANCE OF 461.10 FEET; THENCE NORTH 89' 36 05- EAST, A DISTANCE OF 60.03 FEET; THENCE SOUTH 2' 13' 02' EAST, A DISTANCE OF 461.04 FEET; THENCE SOUTH 89. 31' 37- WEST, A DISTANCE OF 60.03 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED LAND CONTAINS .6351 ACRES, MORE OR LESS. PARCEL'B' COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 9 PER RECORD OF SURVEY BOOK 67. PAGE 76, RIVERSIDE COUNTY RECORDS; THENCE NORTH 89' 31' 3T EAST, A DISTANCE OF 107.39 FEET TO THE INTERSECTION OF JEFFERSON STREET AND 53AD AVENUE; THENCE NORTH 2' 13- 02- WEST ALONG THE CENTERUNE OF JEFFERSON STREET, A DISTANCE OF 661.20 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 2' 13 02' WEST, A DISTANCE OF 530.91 FEET MORE OR LESS TO A' POINT ON THE SOU i HEASTERLY LINE OF THE CANAL RIGHT-OF-WAY AS CONDEMNED BY THE UNITED STATES OF AMERICA, RECORDED SEPTEMBER 11, 19471N BOOK 80 PAGE 340 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89' 54' 24' EAST ALONG SAID SOUTHEASTERLY BOUNDARY OF THE CANAL A DISTANCE OF 52.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 527.46 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0' 51' 59' AN AFIC LENGTH OF 7.95 FEET; THENCE LEAVING THE BOUNDARY OF THE CANAL, SOUTH 2' 13' 02' EAST, A DISTANCE OF 530.63 FEET; THENCE SOUTH 89- 35OF WEST, A DISTANCE OF 60.03 FEET TO THE TRUE POINT OF BEGIN- NING. THE ABOVE DESCRIBED LAND CONTAINS 7311 ACRES, MORE OR LESS. SIEWNT T11LE CO. �Lynew4 �� nn11. It eu na Dee Lee We a wecman or n a a e14s1 uqe w wxEeMiM11 NB9'511W 1E SZ.OG' S W(OP 9SW EXHIBIT B CITY OF LA OUINTA JEFFERSON STREET RIGHT - OF - WAY A, 0 *51,59' R. SZ7HG' %• 3 99' 4.7.IV m 5B9"35 p5"tv 0003' N Oo ry'LL N 2 Z "a NB9'35'OS'E 7* EM.mem 'ss low Ia 'IM" M SRVARI ipLE CO. as ae ¢wnN+lbo aMs. tt ne e% peen essmuwE as W h oawtion a as to e: eX upon tow title a to aec d.9og. LEGEND : 70 6E DED/GATED 0 I .Recording Requested BY Firs+� b�orft�rlcan Title G0mPWV pt "Couwse nay m 0710N NECORDINO REODESMD or UOC 80 1999—^m0"V11 10/28/1099 08:00R Fee:NC Pace I of 8 Recorded In Official Records County of Rlvarelde Gary L. Orae Gaaasaor. County luI1p1CHH,',lalIrk i �Rleco�rrp�der I1II1I�Itl� I1111''ll,lu 11III IO 511 TRA: Dz uSF ' Title of Document THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (33.00 Additional Recording Fee Applies) ST04Clo am m men Recording Requested By First American Title Comparw RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of La Qulnta 78-495 Calle Tampico La Quinta, CA 92260 Attention: City Clerk Exempt from Recording Fee Pursuant to Government Cow 2098"v70- 2.g n%-o Assessors Parcel Number. 769-300-004, 001 [ I All Exempt from Documi Pursuantto GRANT OF EASEMENT [XI Portion -r-- FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAJESTIC DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP HEREBY GRANTS TO Transfer Tax :ode § 11922 THE CITY OF LA QUINTA, a general law city duly created and existing under the laws of the State of California, a perpetual, exclusive easement for public right of way and roadway purposes, including all use for purposes incident to use of property for a public right of way, including but not limited to the construction, maintenance, and operation of a roadway, underground and aboveground utilities, and appurtenances, cable, communication, or telecommunications facilities, signage, traffic control devices, curbs, gutters, sidewalks, and transportation facilities such as bus bays, benches, or bus or train stops, for street, highway, public utility, and sanitary sewer purposes in, on, over, through, and upon the real property in the City of La Quints, County of Riverside, State of California described in Exhibit "A" attached hereto and by reference made a part hereof, IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be executed as of thisZ' day of 44 f , 1x9�98S1z� nEvQAprrr. -� I IIIIII IIIIII IIIII I1111 1111111111111111111111101 =s� � a TAX STATEMENT MAILINGS DO NOT CHANGE e N m N J c1 m I 53RD AVE. N 89'32'23'E 65.82' EXHIBIT "Af1 S 43'40'04'N PA. 16' qllE 76e-) ESMT. x, t 30' 769-300-001 PTR 2098470 1 MAJESTIC DEV. w w a h U] I _ 1 AREA OF PROPOSED Z R/W 83.372 S.F. t� N A PORTION OF THE CC �� SW 2/4 OF SEC. 9, tL u mN T.6 S.. R.7 E.. tf_ h�oo S.B.M. mo ,� N VA IES I I 1 I I 769-300-004 I I 30' 30 1 PTR 2098470 1 V MAJESTIC DEV. 1 0o N a5�. 1 � N �QiyN 1 IN PA. 15' 1 I 6 I 1 ESMT. I 1 I 1 S 46'09'23'E I 1 36.09' SW COR. I SEC. 9 I N 89'53'29'E \ f55.00' S 00' O6' 31'E 1 17.00' P.O.B. S 89153'29'X *� 54TH AVE. v 1� 769-300-001.004 - 1 1221 04-Jun-99 04:44 PM / 1221- LEGAL DESCRIPTION RIGHT-OF-WAY (APN 769-300-001 & 004): J IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 6 SOUTH, RANGE 7 EAST, S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION A LINE PARALLEL WITH AND 30.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND A LINE PARALLEL WITH AND 30.00 FEET EASTERLY OF THE CENTER LINE OF JEFFERSON STREET AS DESCRIBED IN DEED TO THE COUNTY OF RIVERSIDE RECORDED DECEMBER 23. 1952 AS INSTRUMENT NO. 54928, O.R.; THENCE NORTH 02'12'15' WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 2562.71 FEET TO A POINT ON A LINE PARALLEL WITH AND 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 9; THENCE NORTH 89'3223- EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE: OF 55.82 FEET; THENCE SOUTH 43'40'04- WEST, A DISTANCE OF 35.93 FEET TO A POINT ON A. LINE PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID CENTER LINE OF JEFFERSON STREET; THENCE SOUTH 02'12'15' EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 1805.03 FEET; THENCE SOUTH 03'01'21- EAST, A DISTANCE OF 350.03 FEET TO A POINT ON A LINE PARALLEL WITH AND 65.00 FEET EASTERLY OF SAID CENTER LINE OF JEFFERSON STREET; THENCE SOUTH 02'12'15- EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 340.18 FEET; THENCE SOUTH 46-09'23- EAST, A DISTANCE OF 36.09 FEET TO A POINT ON A LINE PARALLEL WITH AND 47.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE NORTH 89'53'29' EAST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 155.00 FEET; THENCE SOUTH 00'O6'31- EAST, A DISTANCE OF 17.00 FEET TO A POINT ON FIRST SAID PARALLEL LINE, BEING 30.00 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 9; 1 OF 2 IIIIIII�II�I' I�'11II11III1I�ll'I�'�III�1�fill lill a z o; lem (APN 769-300-001 & 004) (CONTINUED): THENCE SOUTH 89053.29- WEST ALONG LAST SAID PARALLEL LINE, A DISTANCE OF 214.47 FEET TO THE POINT OF BEGINNING. COMPRISING 83,372 SQUARE FEET, MORE OR LESS. x 20F2 IIIIIIIIIIIIIIIIIIIINIIIINIIIIIHIIIIIIIII�IIIIII(II a� ' ALL-PURPOSE State of County of On �y�SEW-7 lc aq before me. L� l7_aw � Ne.�WTb NeTo.bV Doe. WYbV personally appeared �rY» F7,�rr-tr.,w-r�r� wt,,J�__ w.r•r�sy.Nn � - � ... 1— V.personelly known to me - to be the persor� whose nam s r subscribed to the within instrument and acknowledged to me that Ws1�Fie. executed the same in h ei au odzed Capact io , and that b LYI 1 .aAAlUnrRAY m rywn� ea ignatur s the Instrument the or� W � or the entity upon be alt of which the person s s tied, m K w 7o executed the instrument. a W aaawm Eo. un IS raao WITNESS my hand and official seal. eW.... ee NNuy r,a� OPTIONAL to Though Me lnlwrnalim bebw rs rnl reCubod by law. d may prove valuahb to persons relyiq en the dacumenl and c prevent fraudulent removal and reaaaMmenl Of this brm to anelher di o ment Description of Attached Document Title or Type of Document:-_�[1_' �� Document Date: L�C2'�t- �'�(4`�? Number of Pages: _�._ _m Individual Corporate Officer T-111 is �-_ 0 Partner — Limited -- ,0 General �C Afforney-m Fact s Trustee Guardian or Conservator MEMMOOMWIMMM s �sOEM Signers) Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name:y" Ilt�� Other: i i r Signor Is Represonimy I I 1 Signer's Name ��4Q71 Individual Corporate Officer Titte(s): Partner— Limited eGeneral Afforney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: <�.o-......... .. -- .. u......, ... i.�o. �...� r. ....... v.u.1-1, wm .., teen +w s:swr: IN w P.O. Sox 1504 78-495 CALLS TANPICO LA QUINTA, CALIFORNIA 92253 CERTIFICATE OF ACCEPTANCE (760) 7 77 -7000 (TDD) (760) 777-1227 I, THOMAS P. GENOVESE, City Manager of the City of La Quinta, California, do hereby certify that the interest in real property conveyed by the GRANT OF EASEMENT, dated August 27, 1999, from MAJESTIC DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP is hereby accepted by the undersigned officer on behalf of the City of La Quints pursuant to City Council action and the Grantee consents to recording thereof. DATED_ October 13, 1999 THOMAS P. GENOVESE, City Manager City of La Quinta, California IIIIIIIiNiIII�IIIIIIIIIflIIIIHIIIII�ililllilll111 11999- '� CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT Ru UM, State of t . - - County of On tculnly J yy9 before me, '724/ Li MwYE. T111EWOFFlCEfl.E..NOTMYW IC personally appeared __700.'"2-5Er- awEtsT as aclalrcsl personally known to me - OR - ❑ �� to be the Person(p) whose name(sq is/alb subscribed to the within instrument and ac- knowledged to me that he/Skb/thoy executed the same in his/4dr/tb4Ir authorized capacity(igs), and that by his/"1/I,1415ir signature($) on the instrument the person($), LC,,.,,C„1, tent M or the entity upon behalf of which the Ke :VHAt UNSLrY personW acted, executed the instrument. p _yy� COM610 1074 1 q Nei yr 1"IAv.Ca1:Lwnu '�L � 'f un•I Rtwl fuut:ry r' _ ��'`PPP F A,^[' :.1 " i14:" WITNESS my hand //and official seal. ---'M/� S�ONATe11E OF MiTMY ■t��i OPTIONAL Though the data below is not required by law, it may prove valuable to parsons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDWWCONSERVATOFR ❑ OTHER: SIGNER Is REPRESENTING: lulE orpEasWslmleEs� - DESCRIPTION OF ATTACHED DOCUMENT l Elm DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE: OleBa NATIONAL NOTARY ASSOGIATlON. e?� Remn1M Ava . P O Bo. >19. • _ _ CanOp. PBh, Gil pl�e9.>1M O,Jcr No. OOC b 2000-400602 1756'urr No nrsvxeea ea:eaa e..as.ee Liman No, Pne 7 of 1 I Recorded n Orf lc t.t R.00rd. � County or Rlreralde WHIN fIFCOf1D£O MAIL TO Gary L. Orso A ...... P, C.unty Clerk a Recorder RECORDS PROCESSING SERVICES II��1�1 ��IfIl �l�I �II��I�I��I�II III�I III I,I�I III III 577 LA10NT ROAD I 1! lI 1I i1 El.M,HURST, IL 60126 M e u .a w_T_ :ET- t ✓ n��T� 1 t' OOCUMENTARV TRANSFLR TAX f....0 FAM ILY.TRAN et R„ A R t V,e cons I pmrxrty ,., epd; On �„ 1 Ca..p .M on the ca raLon 11 vai,e lea I:ens a en mb anCee re,`.an n0 at Ih;e Of sa'R. - --&p a ve W oil ra ant a AgoI dc`or r e W m . . --- T GRANT DEED rp FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, [flAMM MICHELLE M. MARROQUIN. A SINGLE WOMAN AND JENNIE P. MARROQOIN, A SINGLE WOMAN, AS JOINT TENANTS - hereby CRANT(S) to SILVESTF,R LOPEZ JR. AND MICHELLE M. MARROQUIN, HUSBAND AND WIFE AS JOINT TENANTS. the real property in the City of COACHELLA County of RIVERSIDE , State of California, Idescribe0 as LOT 9 OF TRACT NO. 23911, IN THE CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP ON FILE 1N BOOK 253, PAGES 49-51, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Dates _ 9/ z tJO0 a�Mul; !t. STATE OF GAIJ RLU )se- CWNTYOF_ RTVFRS_DF __I IE P. 2GRROQt1IN On CEPTFMRFR 71 -_ 2000 before M. _MARTCA FRANCRS TIJFRINA , RersoneRy appaered_PIICHELLE M. MARROOUIN AND - JENNIE P. MARROOUIN pe,sa Oy kr l w W me (a poled W " on " tweak, of aatlalvbIf gown 10 beeRPUeon(a)If gnfflwd and ackr10W10p10 t0 me Mae hWaholhey ONGU 10 on am*in ajawn 0-,wwnwd tM �e)a � w twy IIYIMrIMt4r16QMrbe pers ;q acted, a+sene ,e lew,.ne.l. aeMypon twYyY dWntAt WITNE55 my, 1111 "vf w eall( �-' () ;;; qua;• «.o MAIL TAX STATEMENTS TO: ,. . Rum" No Recording FeetRequir ooc M 2000— G-eM .Par Gpvemmenf Co0e 1./N/2m ":ON F. 1Btd®8� Page I or a Section 27393 aeeardaa In ofylelel R..eree Gaudy N 011111"Ilee RECORDING REQUESTED AND OarY L. OrM ae.eeaer, Cou" Clark A Raderder NMEN RECORDED MAIL TO; I COACHELLA VALLEY WATER DISTRICT Pod OBioe Sox 1050 Coachella. CA 9223E Inis t S I.D.V MrVO KIe WY GRANT OF EASEMENT (A=m Road) FOR VALUABLE CONSIDERATION, are nxbipt of which q hereby edprooledged ��nt 10TH�E COOAArC'H LLLA VALLEY WATER DISTRICT, . public agency of tM road. and neee.w "Mrs, an Moment to Will and msintsin an acwea Rlveraide. State of Ca a mis. adelio bod oa certain real pr°perR' 'n the County or Sae EXhibit A attached heroic and by raforanw Mudd a pat he/tof. DaW: Z NRICCP I C Grant Y.ornbeak By: Doc. No. CVWp-Sa3 (Rev. 7/88) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT p State of California r ^ County of __�,•1CS:SL. pt ss. 5 OnN�f..3rf�21i_J._ . before me. i.yN_N 11ti1.L1�` 1�571Y.L rL. r � N.mr.nf rmr r.Mwiei +N u+Md'.NMI� ? personally appeared 5 5 (personally known to me proved to me on the basis of satisfactory r evidence to be the personty whose name4 ( subscribed to the within instrument and L=01 acknowledged to me,Ihalt ft7tbW executed N� the same in his hat/dear authorized CarN*"capacity(tvC. and that by FRplthtr signature(von the instrument the persoso, or the entity upon behalf of which the personN' acted, executed the instrument. TY hand ano5ffici�al seal OPTIONAL thauan ere mtvmarlon bwo. is rra merdr*a by bw, a nreY p.Ye valuee4 m paams reynp W me tlacum*a era cads p .nr nn.ewsa removal ant raeaeclrrrgnr N m's ram M *more. aocaa.al Description of Attached Document Title or Type of Document _ Documenl Dale: Number ages' . Slgner(s) Other Than Named Above: Capsblty(les) Claimed by Sipper Signore Name: I' Indivldwl .__ .. i ' Corporals offim — Tiba(s): _ r v •n e..,m r,,.�.. t d partner —I: Umted i Gen 1 I Aaomey in Foci Trusts* (i Gwrdian a elor S016 Is Representing Ilq��ll��l�l�l ll �l 11IN re2� ( 1 RBF Consulting 74-410 Highway I I I Palm Desert, CA 92260 RECEIVED SEP 12000 C.M.D. EXHIBIT "A" Legal Description for Right of Way Access APN 76— 9--. M-ppg Jli That certain parcel of land situated in the City of La Quinta, County of Riverside, State of Califomia, being that portion of the southwest one -quarter of the northwest one-quarterof Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: COMMENCING at the point of intersection of the easterly line of Jefferson Street (60.00 feet wide) with the southerly right-of-way line of the All American Canal; thence N 89040'23" E. along said southerly line, a distance of 25.08 feet to the beginning Of a tangent curve concave northerly and having a radius of 527,46 feet; thence easterly, along the arc of said curve, also being along said southerly right-of-way line of the All American Canal, through a central angle of 00-32.11", a distance of4.94 feet to a point which is 60.00 feet easterly of, measured at right angles, from the centerline of Jefferson Street said point, also being the TRUE POINT OF BEGINNING; thence continuing easterly along the arc of said 527.46 foot radius curve, also being along said southerly fine of the All American Canal, from an initial radical line bearing S 00051'48" E, through a central angle of 03"5839", a distance of 36.62 feet; thence S 35022'01" W, a distance of 53.47 feet; thence S 8704745" W, a distance of 4.00 feet to a point that is 60.00 feet easterly of, measured at right angles, from said centerline of Jefferson Street; thence N 02012,150 W, parallel with and 60.00 feet easterly of said centerline of Jefferson Street, a distance of 41.97 feet to the true point of beginning. N1I� �MIq 11N II1NI �N 111111111II111 UI11 Nll l�l) 18� 3�9r586�93� J L F V swf.lot C to[ of P Irtgnrlm •r[. Dtreeroc u/ P,na tnwrlr fl [ LDel Dnrt�fS fe it a m [n noe ecr ' s f n Suc1 1 •r f r Senlbrlun E Irner °ola Eleai ul Co Minern carer Mrourae ei, lnenr 1 Kmu•1 W<er M•ovr a T.an. BY h leboreroa NnV eM nr Sae arms PilnU.vil .. r Fi. Lamer r2 r Scorn+ercr nal rya Ylannl i.rgt".f.:' Yook�� a�f1i IN1111�1,IIII IIII�IIIIi III MINI IIIN 1B 3m I z Exhibit "A" June 27, 2000 Right of Way Access JN 20-301477 Page 2 of 2 CONTAINING: 845 Sq. Ft. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached hereto and by this reference made a part hereof This description was prepared by me or under my direction. GAie— William L. Green, LS 4547 My license expires 9/30/02. 4'PG4uil014nO(6alWpmnV69Q90 MU B.Mv INl�ll�lllllnllllll�lllllllllllalll� ,n. '� 41 Recording rcolaested by and -J when recorded return to: Coachella Valley Water District Exhibit Post Office Box 1058 Coachella, California 92236 RESOLUTION It was moved by Director Codekas, seconded by Director Frost, and carried unanimously that Bemardine Sutton, Secretary of this Board, be and she is hereby authorized, behalf on of COACHELLA VALLEY WATER DISTRICT, to accept and consent to the recordation of all deeds or other written instruments in favor of the District, or which may be necessary or convenient to establish the record title of the District to real property, and that the Secretary is directed to make a monthly report to said Board, itemizing all such instruments accepted by her. STATE OF CALIFORNIA r. COACHELLA VALLEY WATER DISTRICT ) ss. OFFICE OF THE SECRETARY 1, BERNARDINE SUTTON, Secretary of the Board of Directors of the Coachella Valley Water District, DO HEREBY CERTIFY that the foregoing is a true copy of resolution adopted by said Board at a regular meeting thereof duly held and convened at its office at Coachella, California, on the 13(h day of March, 1979. at which meeting all Directors were present and acting throughout. I further certify that by authorit% of said Resolution 1 accept and consent to the recording of the attached grant of easement to Coachella Valley Water District, executed by Grant Hombeak, NRI-CCP 1, LLC, dated August 23. 2000, conveying a portion of the northwest quarter of section 9, township 6 south, range 7 San cast, Bernardino Meridian, for irrigation purposes. Dated this 29th day of September. 2000. Secretary (SEAL)' ' HAS dd ,,,d IN ,R, IIIIIIII�ININIINIIIIII�IINIIINIINIIIIIIIIIInI A-O53GOR RNA-mINNI7 RIAA'IMI.D RpRCCA imazoo 11 AND WHIN IIIAYMDNDM CrR RORTMOR CODA P.O. Ion 110113, / Dallas, n 75219 THIS DEED OF TRUST (-Security huuwrcnt') is Dude on JOMR 30, 3000 TODD SCRORIMO AND wOIVOMO 2. DICIIMBAND ...... ^••_ •••••• CYNTHIA D. DICIIMBOM EOBE1dm AM MI" (' Borrowci ). The trustee u CTE MDRTOAOR COWAMY CTlwtee'). The beneficiary is Cri IWRTOAOE COMAMY The motor u which is organiird and existing under the laws of TRR ITATE OF MEVADA and oboe Address is 1010 RORTR EARs100D, DALLaB, TE 75101-1516 (lender'). Borrower olva Lender the principal sum of roger BRVEM rEDD1uMD TMo NY0IIDRSD rim a oonoo Dollars (U.S. $ 47,250.00 ), This deb is rvdenced by Borrower's rote dried the sarne dale a this Security Imhumep ('Now'), which provide for mMahly McNutt. with the full deb, if rot paid earlier, due and payable on JOLT 1, 1030 , This Security IMUU Mm "CUIVs lo Lender: (a) the «payment of the debt evrdnMcd by the Now. with inerrn, and all renae ids, "mo iom awl modifMuiom of the Now: (b) the paynnels of all oawr sons, with mica. advanced order paragraph 7 in prow the security of this Security lon"on env; and (c) the performume of Borrower's cannons and AgreenMna under this Security ImlrimaTu and dM Now. For this purpose, BorrowYr irn mocably giants and conveys to Trustee, in tout. with power of sale, the following described property located in RIVERB3DE Counry, California: All that tract or parcel of land as shorn w Schedule •Aa attached hereto which is incorporated herein and cads a pert hereof, Which has the address of 3535 BORDER AVINIOE OMIT B, CORONA California 9300E lz-PCdq (Cutely Address'); CAIAFORNIA- SmIk Flmih - FNIMA/1111I.M ' ITIR)RM 1%11111'xffNT Fam .A a10 ,fHIG'AI A::WIWly3/ \4l VIe{(\I.i 11NN\Itil V� IS,rest. CM1• I 211003739 TOGETHER WITH all the Imqunvemrnts now or hemarkr erected (tun the property, and all casements, appfoy Inilrulsa70uskrnm'n, and lit urn now err hereafter a pan nl the properly• All replaca hams and Additional shall elan be coveted hY dill Secv All cal shefiiregotng a referred to in this Securry lmn m n, As the *pmpemy BORROWER COVENANTS that liosmoea it kw fully wised In she taus hereby cssnvcy'ed and has Use fight lo gram and eme the defend Property and out the Property la nc urlsumb"mr- ttug"l" encvmbrancn of Wind Dismiss warrants And war nd grrc 111) the ilk us the Property apm(all claim and demands, $000 an any tkurrlMatsen m record THIS SECURITY INSTRUMENT contriver uniform, covenants In' natllaa) seas and ram-rmlism coeell&ms with lintnd varultnm by )umduiaon hI crmutute a unfhum security msrumem covert, real pnlperry. UNIFORM COVENANTS Bummer and Lender cm•erunt and age" as lulbwr I. Payfnem of Ptirselpfl and lute nal Prepaymem and We ('Irrgn. Berruwer shall 1 prlrsclpal of and Interes( Its the dcht evtdessced by the Note and any p Pr'rnP Y pay when due the 2. Funds far Tars and Imurans". Su T o a rePaYment and Isle charger due wader aim Nar. Lender on the da • n umthl applicable law Its in a written waiver by Lender. Bower shall pay to Y y paymenns are due urder the Note. trod Use Note u pad In full, a nun ('Funds') for (a) yearly user and assnsnn"s which may alum priority over this Seviamy Immnmm As & lien on to Property: (b) yearly leasehold payrrcnm in groud rents on Use Property. If MY: (c) )'early hazard or property insurance premnuns: (d) Yearly flood refinancePrOpremiums, if any; (9) yearly rengage murAme premiums, if any: aid (I) any sums payable by Borrower o L"..A in auordapre i m die Lender m . t MY l ph S. m Lieu of the payment of mortgage insurance premium. These rem arc called 'Fscmw (Tens.' Lender may, at any time, copal and bold Funds in an annqunt not to exceed Use traximurt amount a lender for a federally misled mortgage loan nay require for Borrower's escrow account under die federal Real Estate Senkmrm Procedlun Act of 1974 as Atended from time to ❑arc, 12 U.S.C. Section 2601 rr seq. CRFSPA'), unless amaher law that applies to use Funds seta A Lesser amoum. If an- Ietdef may, at any mere. collect and hold Funds in an aneant nor to exceed the lesser amount. Lender my estimate the amount of Funds due on the bash of current data and reasonable mutilates of expenditures of future Escrow Ienm or ""•" Ia)ryiwivic law. The Funds shall be held in an mrintion whose deposits am insured by a federal agency, Lnding imtrumrntalfly, a entity (I= Lender, If larder fs such An m(ntutlon) or many Federal Home Loan Bank. Lender shall apply the Funds o pay ten Escrow, hams. Lender may "lot charge BOrow'er for holding and applying the Funds, amnully analyzing the sheescFu ds awn, or a Eacrng the Escrow llt=, unless tender Pays Borrower Interest on The Funds and applicable taw pemtts Lender o make sreb a charge. However. Lender nn•�y mquim Borrower o pay a ofw-irme trufge for an Lender in carusatlon with this ban, unless applicable law eperstlent real "use tax repml% service used by «queries weal to he pad. Leerier dull ern he (red oprmides alleawtse. Unless an agmemera s made or applicable law requi era r tt to win PAY Borrower ally iterest of earnings on she Funds. Borrow" and Y W tang, however, that Interest shall be Pad M the Funds. Lender elan give to Be r mwcr, wrmpl( charge, an aerial ucaumIng of the Funds, showing credos and debts in the Funds W the Purpose for which full debt to the Funds win made. The Funds arc pledged as additional security for all sum secured by this Security Instrument. If she Funds held by Lender exceed the amounts pemuned to be held by applicable law•. Lender stall account to Borrower for to excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Leerier at &try base is net surTicem to pay the Escrow (tents when due, tend" may so noisily BnrOwer In writing. and. in such case Borrower shall pay to Lander the amour( necessary to make up the des'erency. Borrow•" shall make up slat deries my in W teem am (vrlve monthly Pgnems. a ten der'%sole discreton. e Upon Payment in full of all stem secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Icnldcr. If, under paragraph 21. lender shall Acquire or sell the Property, tend", Prior o the uqustion or sak of the Property. shall apply any Funds held by Linder al the tam of acquisition or ask as a credit spent the mans secured by this Security lrummrtu. J. Application of Paynains. Unless applicable taw provides uUrrwise. all payments received by Larder under paragraphs I and 2 shall be applied: first, to any PmPaynmm charges due wrier the Note; second, to amounts payable to der paragraph 2; third, To werest due: lioumh• to principal dose; and last• to any late charges due under the Note. 1. Charges: Lkm. Borrower shall pay all taxes, aaseiltmfna, clasp", rues and impositions Attributable to the property which ray attain priority over this Security Imxr n(. and leasehold payments or ground rents, if any. Borrower shall pay these Obligations In the manner provided in paragraph 2, or it rem pad In dill manner. Borrower shall pay arm on hmf directly to the pcson owed payment Borrower shall promptly furnsh to Lender all rtotwrs or amounts to be paid under this paragraph, if Borrower makes urea payments directly. Borrower shall promptly fumsh to Lender meenpts evndenemg the payments. Borrower shall promptly disclurgv any Inn which has pronly over this Security Instrument unless Borrower (a) agmes in writing Io the payment of the obligatmwt secured by the Inn in at manner acceptable to lender; (b) contests In gad faith the lien by. or defends agamT cnforccnem of the Inn in, Icgzl proceedings which in the lenders opinion operate in prevent to enforcement of the lien: or (0 secures from the holder of the Inn an Agrmmnt ussfuory to lender subordinating the lien to this Security Immmem. If latzkr desemunes that any pan of the Property Is suh)ccl toa I" which ray alum priority over this Security Imtmm eol, lender her give Borrower a OOIwc dfnnfymg the Ien Borrower shall ursfy the hen or uye�pu or rt� of the actions set forth ati oc w ohm IU da)s of the going of nswc ✓-:e9CC �y{p!")xl AsiHf('Al :,v.. �•'•', /GTE'/� ✓' \ IIp�Wf��I II'1�1'BIrw ttyy�..n V vain yaW 9:9a NII//MII ��II�IOt WN1 lT tql a'��ev?a6m 213491735 g, Ilasard tar lsroprny InsnsnM►, lomawer ohll beryl ,hie napnohrmepa now fauluy It Mrealtrr encwd tm dm ►rtiwrn' inwnW apnnst knr by the, turards ,nlWed wither the berm 'fskaded coverage and am 011w lyrasds. rnbudny ibade ns Iludmg, lit wha'h leaner requires Insurance 'Ibn nmursne sill,, he InsMtauwd a Use ansums and Nr tlae pilafs UMI laser rryu,rn lhr 1Nwanf Miser Providing die inurmke shall he chosen by IitneMff IthfnY a1 lender's approval which limit nt he unseaumbly wnhhrd It B"froaet ails in snsmuin coveterdewrthed aAwe. Iardfr nay, at Indus oPMnm, oMam ertvenge to p01ecl Lerner's rights in the Property in accordsiee with pagtapb 7 All unease p h,x, and few&@,, sill,, be acceptable a lessder and slat, Inlnde a standard inMpp canals. latndan• dell Imre tM rl;I m h old the pflcies and entrails. If larder requires. Ik"mer Waal pnttply gee In Indsr all reeetpa nl pad p UnIM, and morwal nak'es In the C%Cn of bet, lMornlwCr fall glut {Mrlgt nrk't lac file hNrrenC carrel and Lender. ,elder may takc poet Of loss If nth trade ptrmsply by Borrower. this. Lender and Borrower otherwise agree in writing, tenuntsce proseede shall be applied to mommaiim a mpalr of the property damaged. If die restoration or repair is moronically feasible and lender's mesirity, it rot kasetwd. If the rntormon or repair It err economically feasible or Lenders eeevnty would be lessened, the hnunrce proceeds shall be applied to Mae Mona secured by Nu Secunly imtrument, whether or nor then due, with any suns pad to Borrower. If Borrower obnoxious; the Property, or does rho answer within 30 days a Dike from Lender Out Use insurance carter has offered to fends a calm, doer ured Lender may collect the miuramc proceeds. Lender may use the proceeds to repair or restore One Property or to pay sums m &am by this Security ImtamenL whether or out then due. The 30day period will begin when the notice ts given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shill not extend or pwgwrhe to 21 du ate of the monthly paynew referred 10 in paragraphs i and 2 or change the amount of she payments. If tuner paragraph perry gaited by Leader. Borrower's right to siry insurance policies and proceeds resulting from dartuge to One Property prior to the acquisition shall pass to Lender to the extent of the sums secured b this Security laarument misduitele prior to the acquisition, y ty 6. Occupancy, rTe nation, rdalMenta end Prstecton of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish. and use the Property as Borrower's principal residence within sixty days after the exe utimn of this Servriry, Instrument and shall continue to occupy the Progeny as Borrower's Principal residence for at lea, one year after the date of ocwPancY• udess Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless exkimmmg circumstances exist which arc beyond Borrower's control. Borrower shall rest destroy, damage or impair the Property, allow the piupcily to rtneriuram, or commit waste on the Property. Borrower shall be in dcfadt If any forfeiture action or ollh��nawhether civil or crin roll, la begun that in Lender's good faith judgment mid result in forfeiture of the Property or y impair the lien created by this Security hunument or Lender's security Interest. Borrower may Nre such a default and mutate, as provided in paragraph 18. by austng the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment: of the lien created by this Security Iatrnrrcm or Lender's security Interest. Borrower shall also be in default if Borrower, during the ion application process, gave materially false or tnsccvram information or statements to Lender (or ailed to provide tender with any mural information) in connection with Use Ian evidenced by the Note, including, but rot limited a, represents tnms concerning Bonower's occupancy of the Property as a principal residence. If this Security Lmuurtlent is on a kaselgW, Barravrcr nod shall comply with all the provisions of the trust. If Borrower acquires het tide o the Ppsrsy, the leasehold and the fro title dull merge unless Lender agrees to the merger a writing, ou 7. Irdecton of Lender's Rights in the Properly, If Borrower ails 10 perform the com,mts and a me this Savrity Instrument. or there is a legal proceeding that may sigmframly affect lenders rights id Ua Property nos contained in procmding in bankruptcy, probate. for condesaatnon or torkiture or to enforce laws w regulmou� I in tender do and pay for whatever is necessary 10 protect the value of the Property and lender's rights m the Property. Lender's acnom may not pl t Paying any sums secured by a lien which has priority aver this Security lawmen, appearing in coon, Paying rcasonsblr attomeys' fees and entering on Ur Prsspeny to make repairs. Although Lender may cake action under this paragraph 7, Ltrckr does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Insuumem. Unless Borrower and tender agree to other terra of payment, these amounts Shull bear interest from the date of disbursemcnl al the Note rate and shall he payable, with interest, upon nutter from Lender to Borrower requesting paynnent. 8. Mortgage Insurance. If Lender required mortgage imurawc as a condition of making the loan secured by this Security lmtmt 'm. Borrower shall pay the prcmams required to maintain thasmungage, Insurance in effect. If, for any reason, the mortgage Insurance coverage required by Lender lapses Of ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurane previously in effect, at a cos, substantially equivalent to the cw, to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalem m r gagr Insurance coverage is of available. Borrower shall pay to Lender each month a sum equal to one-twofth of the yearly mortgage insurance premium being pan b)' Borrower when the insurance coverage lapsed or ceased to be in eftitt. tender will accept, use and retain these paymcnns as a loss reserve in lieu of mortgage insufmcr' Less reserve A .dllll'AI ,r.. IIIfIIINI �II I,IIIIInI�ll� Br; B2Baa B8 My 1nuLiV er Perm JWS 9t90 21300371E M)Itlrrm may his bmget he ivi lrN, It Ilse Opium nl Le"I, If mmµp Insurance cirvmµ IN the mri ams and he she partial that Ia'tder lesplllrs) pun uhd by ail usurm spptnved by lender spin he\nrnss available and A obtained Burrower aball pay the pmmamlm legamrd m maintain namµge srwramr in vnwL III it, prwde a loss "in, Mid Uwe rivieemem fa mottgagt muurasue ends in a..rtdanv rdt any rrnlen gr.enwa Mwwm Ktnwer and lertdet or sppikahk law. g. Itaprrstie. Inds•# tt eta I" may make reasotuble emrks span and mapntkta W the Pnsprny. Iender dull give BtMret make at the lane It Of Muir tit an m ilwo m apw'llymil n N,, kf cause has die Inaprctam IB. 1'mldvasaMMa, Da• pnwscds of any award or claim her datngn, dtmi or consequential, In c tmeclkin with any t'R* mlkm n1 mhet acing nl any Part rt the Property, or lot conveyance in hell rot lundmlllankn, are hereby assigned will shall be Md it, Iesakt In she event al a kcal taking Of the Property, de pnksads shall he applied a the sums muted by this Security ImlNmenl, whether ear tut Own die, with any aacesa Mal es Borrower. In the "rid M a Panal Wring of the Pfuperly 1n which the fair market value of the Properly Immdiately before the taking Is egsul to or greater than the amoum of the aunt muted by this Security Imtrumenl umn dutely heliore the taking, unfair Burrower and Lender otherwise agm in wring, the sumn secured by this Smurisy, Instrument shall be reducad by the amount of the proceeds multiplied by de following fruition: (a) the total atnoum of the slum secured imm lustely before Use taking, divided by (b) the fair market value of de Property Immediately before de taking. Any balance shall be paid to Borrower. In the event Of a partial taking of the Property in which de fair market value of the Property immediately before the taking is less than the amount of the sums secured immed'utely, before the acing, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Properly is abandoned by Borrower, or if, after notice by tender to Borrower that the condemnor offers to make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after she date the notice is given. Lender is authorized to collect and apply the proceeds, at its option, either 10 restoration or repair of the Properly or in the sums segued try inns ]rcurtty imtromni, WIICVter or not den due. Unless Lender and Borrower otherwtw agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change Use armors of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of Ue time for psymns or modification of amortization of the surns $muted by this Security Imtrtutent granted by lender to any succnsor in interest of Borrower shill tad upctau to tcleaae Use lability of sow ufigirtal Borrower or Borfowci s s» cccssors is interest. Under shall not be required to continence proceedings against any successor in interest or refuse to extend time for Payment or odcrwise modify amorlaaton of Use sums secured by this Security Imtrument by reason of any demand made by the original Borrower or Borrower's successon in interest. Any forbearance by tender in exercising any right or renady shall nor be a waiver of or preclude the exercise of any right or remedy. 12. Succesmn and Anlgns Baud; Joint and Several Liability; C"fraft ra, The covenants and agrtemems of tilts Security Instrument shall bind and benefit Use successors and assign of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covensants and agmmems shall be join and several. Any Borrower who co-signs this Security ImlmmrM but does tsot axmme die Note: (a) is co-signing this Security Instrument only to mortgage, giant and convey dust Borrower's Imetest in the Property under the tams of this Security Instruinerll: (b) Is not personally obligated to pay the sum secured by this Security Instrument; and (c) agrees that lender and any other Borrower may agree to extend, modify, forbear or make any accommodstiom wish regard to the terms of this Security Instrument or Use Note without than Borrower's convent. 13. Loan Charges. If the loan :muted by this Security Instrument is subject to a law which sea natatorium loan charges, and that law is fuWly interpreted so dal the interest or other loan charges collected or to be colected in connection with Use Imo exceed the perrnimed limits, then: (a) any such loan charge shall be reduced by the annual necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded perm ilted limits will be refunded to Borrower. Lender may choose to nuke this refund by reducing the principal owed under the Note or by necking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a Mmai prepayment without any prepayment charge under the Note. 14. Notion. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by trailing it by JIM class =it unless applicable law requires use of another method. 'I'm notice shall be directed to the Property Address or any other address Borrower designates by notice to LeMcr. Any notice to lender shall be given by first class mail to Lender's address stated herrm or any other address Lender designates by notice to Borrower. Any nntcc provided for in this Security Instrument shall be devoted to have been Sinn to Borrower or Lender when given as provided in this paragraph. 13. Covernlry Law; Severabillly. This Security Instrument shall be governed by federal law and rise law of the jurisdiction in which the Property is locate. In the event that any provision or clause of this Security ImWment Or she Note conflicts with applicable law, such conflict shall not affml other provisions of this Security Instrument or the Note which can the given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declare (o be severable. N i rn.rme f'urm Jams wAa I�IIN�II�N�N�IIaIN81�IIINIIiNIINI a,��3aax 1171f1776 i 17, RaroWK'a the Property Harrower dull ne peen ere conformed oOhpy cal tm Ntsk amf of Nk SecurilY Imnument. I it 7'ramr" of the I a box-t ul a Mru1kW Interest M lonewn. If all a any pan M the property It my ineNn m u e old m uamkrred for o ■ Im, Lead Interest m Bnmswrr a me or Irsmlerred and Hummer is nx a mmr.I ram) without lerakss pray WNlen etmwm, Leader n t b RI xe used b require Im1- Nit Payment In full or all sums uaured pn�y the Sectary ImlNrtsele I n"Wis, idea tyaam "hall M be exercised by terdrr U earmift a pmhlbiled by federal law As of 1(x dew Of this Seeullry, Ire1N11e111. It leraler escrows thus Opium, lender .hall give Hormver nuke nt w•ceknlae. The make shall pftwde ■ petard of ins Ins then AI days In" Ow date the make n delivered a milled wNun which &answer most Pay all sums stkored by Nu Security by thin Strumem. 11 BlxnNri lads m pay IhYa sumo p r au the eapnalam Ofthis petxd, lender may lnvakt arty retrkdirl pertmltted pumy ININment WlUaail further Hake orr demnd on Borrower. 18, Borrower's R40 to RebrWe, If &lrn" meu certain condhinta. Burrower still have the film to have enlbrcentent of this Security ININmem discontinued .t any lime prior to Use earlier of: (a) 7 days la itch Other period as applfnbk dew my specify for reimtaemrni) before sale of to Property OumlyN to uty pow n of uk smulncd in Ihia Snvri Imlromeni: or 1b) entry of a judgment mforeing the Sec Instrument. jhoul conditions use that Burrower: (a) pays I.enkr all ty lurtu which then would be due under this Security Imlrunem And to Note a if no Acceleration had axvrrd; (b) cures arty default of any Other covenants or agreements; (ct pays all expenses Incurred in enforcing this Security Instrument, hciud' but not limited to, reasonable attorneys' fees; and (4) efellerrsa ekes such action As my masobly require to assure Nat the lien this Security Instrument. Lender's rights in the Property and Borrower's obligation IU pay Use sums secured by this Security Imlrument shall continue unchanged. Upon reinstatement by Borrower, this Security Imirumeni ud the obligations secured hereby shall remain fully effective as if ou acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19' Ste of Note•, Chafe of L oari Servker. The Note a A panel thereat in the Note (together with Ills Sccwity as the ent)"" nay M sold ore or more times without prior notice to Borrower. A sale Huy tesuli in a change in to entity (hro" a the 'lean Servicer'I W t collccu monthly Payments due under the Noe and this Security lnstmment. TTmre also may be ore or more changes of the Loan Selmer unrelated to a sale of the Note. If there is a change of to Loan Servker, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The taxtce will sue the tome all 2AA...rr of r__. c �...:fir _tea informallon required by applicable law. ...,,,.�. �� wsyy`y�is •uww k mime. lie notice wtu Riso comae any outer 20. Hazardous Substenass. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Subsuces on o in the Properly. Borrower shall tot do, Our allow anyone else to do, anything aRectug the Property thus is in violation of any Environmental Law. The preceding two semeitcxs shall era apply to the presence, use, or nonage on the Property of small quantities of Hazardous Substances tut arc generally recognized to be Appropriate to normal residential the t. m_+inrcrunce of th• Propeny. Borrower shall prompty give Lender written mike of any investigaton, claim, dco md, lawsuit or other action by any governmental or regulatory agency or private party involving the properly and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Burrower teams, or is nuifed by any govertvnewl or regulatory authority, that any removal or Other rrrttedulum of any Hanrdous Subsume affecting the Property is necessary, Borrower shall promptly take all recessary remedul Aaom in accordare with Environnlrnui Law. As used to ,his paragraph 20. 'Hazardous Subsunn' are those substances defined " 1nxk or harardous substances by Environmental taw and tic f'lluw'ing substances: gasoline, kcrosere, other fluNmble or loxk petmlmm Products, �dxk pesticides and herbicides, vOlatrk suivcros, materials containing asbestos or formaldehyde, and radioactive mnertsu. As used In this Paragraph 20, 'Envinumnul Law' means ledenl laws and laws of the jurisdiction where the property Is located tut leklc to health, safely or environmental protection. NONUNIFORM COVENANTS. Burrower and Lerdcr furter covesum and agree a follows: 2L, Aoelerellon; Reritrdlea. IA Has dull give noske to Bacos"r prior to acceleration fallowIng Borrow",$ breach of my coveram a agr"meN In Ihk Serialist` Imlrumenl (bur not prior to accekmllon under peragroph 17 onleo kabk kw profit" ahersvkel. The nolki ship spnifyn (a) the dehuil; (b) the anion ■ not his than 70 dap liven The dale tha nueke k given to Barosr"O by which the 4hjts mil head; and That lapse to cure the deliult on Or berg" flit date specified In the notice may rands In Kcsikrall" of The Sums secured by this Securs Imlrunwm tad sale or the IYopertv. The nuke IW further Inform Borrower of the right to relmtale other delessar of BarroAfter w to Acceleration ww salve. and the right to if the defng a y ll k sq cured an before the dale specified n the notice. Lender, al Ice u d s , My Invokethepower Immediate or y s any other (Ldi remedies sum world by glib Security lnurum sd whitens further dmund all expenn Incurred In punldnx the rcmedks provlded In risks a by applicable212In law, Lender shall 6e ed to, do sdkcl aIW"' fees and costs of title evidence. lrnntraph 21, IN•Itdlydg, but not limited lot, reraabk If Lender InW#" the power of Ask, Lender shell execute a cauw Truer" to ex"ute a written notice of the acurrenn or Res event of default and of lender's election to came the Property to be sold, Tres e, shall cane this notice to he recorded In each county In which on) part of the properly is located. Linder a Trustee shall mail copies of the notice n prescribed by applicable law To Borrower And to the Other persons prescribed by applicable low. Trustee atoll Bile public notice of sale la The person and In the manner prescribed by applicable kw. After the Ilme required by applkabk lam-, True", wilhaul demons on Barrow", shall sell Iha Isrolmrty of punk auilon to Iha mghasl mdnkr at the time and place aid under the terms d"Igmled in the notice of .wk In otw a eon parcek all In any ad" Tnet" delermincs. Trost" mar luuslpone sec of all a any Parnl or, f Iha Property 6y punk announcertwnl of the Ior all phke I any prevlouly sehedhv oak. I.eider or Ind"ignee may put ns", the 1'ropeny d an)• oak. rrhml" dull delker to the lanrchas" Trd" M d"d comeylry{ the PropMr mlllout ony euversem a marranl;Y, expr"red or ImplkA. The reclluts In Iha Trmt"'s nlrtd shall Ise prlmh hale erideme of Iha trmh of the styaiaayrs made (,twm 700} ppp' ,�intaiyw.y I IIIN IIIININIIIIIINiIIIII�IIIu�NIl 213693731 AnMn, Tnntrs shag aRp1y the Point at She sak In the featuring Arden (a) to an Anpesre eftho nags, , "',"rq, httt nut limited to. reasonable Tsutee's OW atfesrmye' fans flat to All suer m--- d by thin RavNy IMnatwlMl and (a) any Anne to the person or person aexidy, @*WW to it. 27. Raoevayan". Upon payment of all sums eyed by this Security Instrum ng. Leader +hull request Tsusm to "convey the pngeny and (hall Iurretder this Savruy Imim" m and all two evidentmS debt mewed by this Security bnlrsusmn (a Truster. Trustee shall manvey the property whhout wuratnyy us the penmen a persons leplhy Cabled m it. Such parents of persons still pIy any morduon costs. Under my charge such person or persons A her for naonveylng de property, Ina, Wily If law. fee b paid m ir third party fsuch as Use Trustee) far aesvke rendered and She charging of the fee is permitted under applicable h 23. Substitute Trustee. Leader, al its option, may from time Io tune appotm A swc ast r trustee lu any Twee appointed hereunder by an instrwaint executed and acknowledged by lender AM recorded in Use office of the Recorder of to county in which Use Property is located. The instrument Shull contain the name of the orighal Under, Trustee Ind Borrower, She break and Page where this Security imswrcm Is recorded and the name and address of Use successor uustee. Without ,offMAree of Use Property, the successor muter shall succeed to all Use sale, powers and duties conferred upon to Tnmtm herein and by applicable law. This procedure for substitution of trustee $hull govern to the exclusion of all other provisions for substitution. 21. Raquesl for Nations. Borrower requests that copies of the notice$ of default and sale be sent to Borrower's address which is the Property Address. 23. Statement of Obligation Fee, Order may collect A fee rot to exceed the maximum Amour+ permitted by low for furnishing the statement of obligation as provided by Section 2943 of Use Civil Cade of California. 26. Riders to this Security Inale,mar t. If arc or time riders arc executed by Borrower and recorded together with this Security Wtmuent, the covnaw and agreements of each such rider shall be incorporated into and shall amerel AM supp;emrm the covenants and agreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. )Check applicable box(es)) F-I Adiustable Rare Rider Condominium Rider p Id Family Rider Graduated Payment Rider [] planned Unit Development Rider U Biweekly Paytrhrm Rider ( ) Balloon Rider [] Rao impnsversem Rider El Second Hama Rider L7 VA Rider A Odwr(s) (specityl MORTUOR IN9OMRCR RIDI R BY SIGNING BELOW. Burrower accepts and agree$ ro the Blau and covenannts czmtsined in this Security Instrument and in any rider(s) executed by Borrower rind recorded with it. Witnesses: —(Seat) 7'ODD BCH[RIIp � .Bam.wrr (Seal) tICRIN90ND DICRIN90N i p. Cnstrfyof Riverside J On June 30, 2000 before mr, Noreen Billow Todd &:boring, Rrista SLIturing, Devon E, Dkkinscn and C]nehia D. Dirkirfsonnslly appeared . personally known to are (or proved to ere on the basis of satisfactory evdcrice) to be the Wrsonte) whose Nme(s) ]SIAN Subscribed to the within insinun'nt and acknowledged to me Out hrhhe/they vxccuted the same to ha/her/dleir authorized apacuy(sts), and that by hisfici/tntr 319mire c(s) on the hmtmnem the PMOVI(s) OF She emiry upon behalfuf which the pnson(s) acted, executed the mutrumrm. Wittsess my hand and official seal. I `` -....� I.W......---....,�+... k.l C.:Seat) ; cen D111av � .� �.: ee�gsryp�eg{a�g ��ggg y�g(g'Ilpp gpgg��pp'(gg��g��g�yl ggry� fens" N"IWAs 9,90 I.. ... -. •`. .....y. ( I Ilpll IINN BRN IBII NII NARI IR pill illl MII e>.e s 16 Ann Order No. 1 503441-1 E=BIT "A„ The land referred to to situated in the State of California, County of Riverside, City of Corona, and is described as follwst PARCEL 1: An undivided 1/Both interest in and to Lots 1 through 12 of Tract No. 13746-1, In " City of Corona, County of Riverside, State of California, as per map recorded in =-= 107, Page(s) ee through {i inclusive, of Naps, in the Office of the County Recorder of said County. Excepting tnererrom, aii unite as ■nown upon the uoneominius run r*cordea may x, 1989 as Instrument No. 140691 of Official Records of Riverside County, California; Reserving unto Grantor, its succescors and assigns, together with the right to grant and transfer all or a portion of the same, am follows, All oil, oil rights, ainerals, mineral rights, natural gas, natural gas rights and other hydrocarbons by whatsoever name known, geothermal stsaa and all products derived from any of the foregoing, that may be within or under the parcel of land herelnabove described, 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 land* other than those herainabove described, oil or gas wells, tunnels and shafts into, through or across the subsurface of the land here-isabove described, and to bottom such whipstock*d or directionally drilled "Ile, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnal, *quip, ma intsin, repair, dampen and operate any such wells or mines without, however, the right to drill, mine, *tor*, explore and operate through the surface or the upper 500 feet of the subsurface of the land heralnabove described. Further reserving unto Grantor, Its successor* and assigns, together with the right to grant and transfer all or a portion of same, as follows; Exclusive Mwments over all those areas shown and defined am exclusive use common area balcony a, carports, open parking and patios upon the Condominium Plan above referred to. PARCEL 3: Unit 15353 as shown upon the COndom(nlam Plan referred to In Parcel 1 above. PARCEL 3: An exclusive easement for use over that certain exclusive use common area balcony, carport, open parking and patio as described, Identified and assigned upon the Condominium Plan referred to in Parcel 1 abovs, appurtenant to Parcel* 1 and 2 above described. PARCEL 6, A non-sxcluefve Easement on and over the coamon area defined in the Declaration of �I s7nee" mdltions and Restrictions hereinafter referred to, for access, use, ijoysent, Ingress and agrees to the amenitlea located thereon subject to the terms and provisions of the C@cl&ration of Covenants, Conditions and Restrictions hereinafter referred to. This *&*@sent is appurtenant to Parcel I above. 7/ leme�r�re3so IN p a Page 2 213613735 CONDOMINIUM RIDER THIS CONDOMINIUM RIDER B made ft 10th day of jMM 2000 , anti ts IocOMm sod imO aM dWl be dented to aenerd Ol Rod! wppkmem e Mortgage. Dad of Trmt of Security Deed (the `Secmiry fmtlunM,) of the same dam given by th uMenigrcd Deed 'Borrower') to secure Borsowa't Note to CTI NORTOROR MOAN! 'Leiden') of to agile doe aM (0u Wmve ing the Property described in the Secarity hsuument and located it: 1515 RORDR AVafU6 MUT A CORONA, CA 51567 IYaprrry Addrml The PFOMlY inchades a stair in. tomether with an uMivi&d irW , in One cemarn clear—rz or. a condnawimt project known as: W13MNOOD coamm IName or Card.,,w Pro)arl (the 'Cotsdombuum Project'). If the owners association or other entity which acts for the Cosu aniimmum Project (the 'Owoen Association-) holds title to property for the benefit or use of its meabera or shareholders, the Psopersy Mso 'nehsdes Borrower's interest in the Owners Association and the uses, proctedo and benefits of BorrowerY interest. CONDOMINIUM COVENAM'S. W &"dm 10 the covenants aM aDeealrnts aside in the S",riry Imhhurem, Borrower AM Ufder huthm covennt and &glee as (ollows: A. Coodmsldhan ObkMkmw. Bortowa SWll pMon. all of Borrower's oblipriosN under th Cordmtinium Pro*t's Constman' DawDem. The 'Cusetinsen Dommems' are the: (i) Daluatim or any f oer document which crates the CoManinium project: GO bY•Iaws: (iil) code of regulstiam: AM bv) Mho equivathe Carolinians es do - Iiorrowet shall prmhptlY pay, when due. atebts dand sssesrne snts anne td pursuant goDo"oemt. MULTISTATE CONDOMWILN Rag-Snk Famtly Fab MmMvd& Mar 1NNORM Ds57Rt"M 41kJU 19703) rum Ylaa am Par l rj Inhida: I �� VMP MORTGAGE FORMS. (t00p]L]79j 62414101140 as 0616 Mt A Cto C and Mosxxaoxa •a WiL trxx r xxx (Ir+S) (cow nt%p xosxx=xa •x xonaa 9 /aaC4 his) +Pn w Pagvp '""d Pw =M -V m wile We ndo N u Mo++oB 'M(Y138738 �!�WOJ f)NINDIS A8 St&tfttTt 213693735 1-4 FAMILY RIDER Assignment of Rents THIS II FAMILY RIDER is nude ads 10th day of ,yoNR 2000 and is ireorponed into and dull be deemed inmnd aeand s IMICm the Mortgage, Deed of Trust Or Secvrily Deed (dw 'Security WtrumenV) of the same date given by the undersigned (the 'Borrower') o secure Borrower's Noe to CTz MORTGAO[ COMPANY (the Lender') of the same dam and covering the Property Merihad in the Sorority locn,. ,.a .M 1, ." .h• 15h5 DORDiIt uxim mRT B CORONA, CA 91092 1ti9ver0' Add.] 1♦ FAMILY COVENANTS. In addition to the covenants and agreement made in the Security Imtrumem, Borrower and Le dcr futther covenant AM agme a follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECe1Rr" INSTRUMENT. In addition to the Property described in the Security Insaumem. the following items sm added to the Property description, and adult also ca stitute the Property covered by or Security Inswrnem: building materials, appliances and goods of every rutum whosoever row or hereafter dosed in. oar Of used, or wended to be used ht corurcilon with the Property, including. but not limited to, thole for the purposes of supplying m distributing heating, cooling, electricity, gar water, au and light, five pmvemim and extinguishing Apltannu, security and lcens control appease. plumbing, bath cubs. water humn, wcler cluses, siNta, ranges, staves, sefrfgeraton, dishwashers, disposals. wtshm, drym, awnings, norm willows, sonst doors, screrso. blinds, ahades, curtains and curtain rods. attached mirrors, cabinets, panelling and auscled Boo, coverings sew Or hereafter antaehed to de Property, all of which, Wuding replac.ow. and additions thereto, dull be duetted to be and rennin a pan of the Property covered by the Security Instrument. All of the foregoing together with flat Property described in the Security Wtrtunetn (m the haschold estate if the Security Imtnmem is on n leasehold) sm referred to in this 1-4 Flintily Rider and die Security Instnu tend as the "'Operty to I MIII.71STA7L 1.6 FAMILY RiDM • Fsnda MaMr adlr Ma Oagars IsaWang ✓� �f�/ he, I of J Initials: �r � at671) (9101) vMP MORTGAGE FORMS -t100IR14291 ("-iaaaas17091" Aoudad Loa 213693735 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Bcamv a shall oct seek, agree to o- sake a change in the use of the Property or its zoning classification. unless Lender has agreed in writing to the Change. Bonowv shall Comply with all Laws, ordintom, regultKiNd and requirement of any govenweml body applicable to to property. C. SUBORDINATE LIENS. Except as perritired by federal law, Borrower stall tort allow any lien inferior o the Security Inststootot to be perfected against the Property without Lender's prior written pesmiuion. D. REM' LASS INSURANCE. Borrower stall maintain insurance against sem loss in addition to the other hizaeds for which hnurasce is requite by Unlfotrnt Covenant S. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant is is deleted. F. BORROWER'S OCCUPANCY. Ualeas tender ud Borrower nnrrwise aeree in writ'na. the Iron seraellcr in Unison Covensm 6 concerning Borrower's occupancy of the Property u deiced. AB rerniniog covensm and agroax ew am forth in Untform Covenant 6 am" remain in eRen. G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign o tender all leases of 'be Property AM all security deposits nude in connection with leases of to Property. Upon the asaigrmcra, Lender shall have the right to modify, extend or termima the existing leases and to execute new lean, in Lenders sole discretion. As used in this paragraph G. the word 'lease- shall neon 'sublease' if the Security Insm incn is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Burrower absolutely and unconditionally assigns W uansfen o Lender all the reeds and reverses (,Rents") of the Property, regardless of to whom the Rena of the Property are payable. Borrower audsorim tender or Lenders agents W collect the Reno, and agrees that each tensed of the Property shall pay the Rem to Lender Of Lender's agents. However. Bnnower shall receive the Rea until (i) Lender has Sim Borrower noire of default pursuant o paragraph 21 of the Security InsUtunmt AM fit) Lender has given mice a the hennas) that the Rem are to be paid to lender or Lender's agent. This assignman of Reins constitutes an absokse auigment and not an assigrunem for addilioual security only. If fender gives nuke of breach to Burrower; 6) all Rem received by Boserowrr shall be held by Borrower as trustee for to benefit of Lender only, to be applied to the sum secvrod by the Security Intlnvurem; (it) Lender shall be entitled to collect and receive all of that Rem of the Property; (tit) Borrower agrees that each torso' of to Property shall pay all Rem due and unpaid to Lender or Lender's agent upon Lender's written demand to the team; fly) unless applicable law provide Otherwise, all Rims collected by Lender or Lender's agent shall be applied first to the cwts of taking contra) of and msnging to Property and collecting the Rtm. including. but not turned to, attorneys, fees, WcjvnY fees. psrmiums on receiver's bonds, repair and m oursaraz costs, insurance prernnsrm, uses, assessments and other charges an the Property, and then W the sum secured by the Security Instruintnl; (v) Lender, Lender's agents or any Judicially appointed receiver shall be liable to account for only Chose Rem actually received; and (vi) Lender shall be entitled to have a receiver apponded to take pmseasaut of and msage the property and collar the yy Rem and profits d<rmd ludo the Renperry without any slowing as to the hudcqusci�, Prope y&g�sv'/ security. 4R1711 (Mill Inmdr hoe 7 n/ ! 1 � ]1701M0 ._ 1/ IN ar lw�'�fft �icW 213693735 PrnKIf the nRemd Of Of he � RewiasON sulrwim m cover the cosu of taking wDuol of am margin; tye kdrbtedrcas of Borrower m Lender secued by Ne Sgwi jrsm any fiabb cqendM by Leak, � tar ruck purposes enan 7baenate . Borrower mTr9sems AM wartamv dnt Borrower hu nor executed any p an m Uniform of dw p O hu nn and will not P"Ibrron arty act that would �' D� asaigm 03 of the under and ParaFePh prevent I -ender from cxcrcismg iu rights urWer tdis Lender, or Undirr's agerm m a jWjcWjy appointed romiver, shall M be to eater Upon, take comtol of m msimmin the Property befmc m after giving rntke of dehWl to Bmrown� However, tender, m Lender's agrsm m a jud'eially appofrad receiver, may do an m any tbm wbm a defauk occsrrs. Any � icatinrt of Rem" shag nor nun or waive arty defauk or invAIWIle airy odter rigln or mmody of tend". gnmml of Rents of the property " termi=L- when all the slam secured Ike tmmmmea are paid m full. Security 1. CROSS -DEFAULT PROVISION. Borrower's defaWl m breach under Any rote or &Vmv em in the rcrwdks ptrourced by dw Sonwity 'W` f rr rur.ru �.r u�r�. uYl W.NC Ylx VI BY SIGNING BELOW, Borrower accepts and apeas IU the terror and prm.uiow cormauted to Cho 14 Family Rider. TODD 8 f) 6armxer 1/ ' DYVOB R. DICK ( ) Bortoen 8ortu.n RMISTA CzURrX0 (�) Benower D. DICKr"M .aom� (Seaq eorroM (Seal) (Seal) 'fi'n°wn-Blaloaer 4k-Ml tM11 h6e J a 7 Pwxa 31r6 9t" 1� 9r/a� aan 333593735 MORTGAGE INSURANCE RIDER (Security IRatr'um at) THIS MORTGAGE INSURANCE RIDER is made this 30eh day of jun 2000 , and is inwrpurated two and shall be decried to amend and supplement the Mortgage, Dced of Truss, or Security Deed (the 'Security Ismsumem') of the same date given by the undmigad ('Borrower') to sernte Bonower'a Note (the 'Note') to CTZ 310&TQAGB COMANY ('trader') of the same date and covering the property described in the Security Inslrumew and lowed at: 1a5 20"n Mm= —. w CORM, CAISroBY3A 33882 ItvapeM Jold"I The Security instrument is amended by adding the following in the and of Section 10 (if the Security Instrument has a form date at the lower right hard corner of 3/99 or later) or Section 8 (if the Security Instrument has a form date a the lower right corner thin is earlier than 31"): Mortgage Insurance protects lender against the risk that Borrower may not repay the loan as agreed. The mortgage insurer's risk is that there nay be a Loan default that requires it to pay an insurance claim to Lmaler (or any entity thin has purchased the Note from tender). Mortgage insurers evaluate their tow risk on all such insurance in force and may, from time to time, enter into agreements with other parties that modify their risk. These agreements s : on 1,, , and conditions that are satisfactory to the mortgage insurer to make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Thus, these agreements could result in Lender (or any affiliate of lender), any purchaser of the Note (or any affiliate of a Note purchaser), another insurer, any reinsures, or any otha entity receiving, directly or indirectly, arouns thin derive from (of might be characterized as) a portion of Borrower i payments for Mortgage Imurance in exchange for sharing or reducing the mortgage insurer's risk of mitigating its losses. Further: Any such agieentenIs will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will riot entitle Borrower to my refund. Any such agreements will not affect the rights Sortower has - if any . with respect to the Mortgage Insurance under the Homeowners protection Act of 1998 or my other law. These rights may include the right to receive certain disclosures, to rsquest and obtain cancellallon of the Mortgage Insurance, to have the Mortgage Insurance ictmimted automatically, acifor to receive a refund of any Mortgage Insurance premiums that were unearned in the time of such catncellatlon or termination. ,-0 ✓ (9%MIR 1 n112W01 Nee I or Initials: V IMMINNa 07A7l M M3N11 213993735 BY SIGNING BELOW. Borrower we" and &arm to the tertro and wvenmtt contained in Nit Mortgage Insurance Rider. Botrower(t): // DZVOMY: DICUNSOR Dtlt Date MMIR3 to]=) Ate 20(2 KRIBTA uzzxo Dace Alo- IA D. Di Date 1101110millf a2/a laa G lf Date '.;:"fir U'l T TEE CO. No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 HOC a 2001-298678 96/29/2001 08:00R Fee:NC Page 1 of 20 Recorded In Official Records County of Riverside Gary L. Orso psseasor, County Clerk 6 Recorder 1 111111IIIIII11111 M 11111111111111111111111111111111 OEMMMMOi WMEMM IV (Space above this line for Recorder's Use) M IRRIGATION WATER SERVICE T A G R E E M E N T sC NV `0 THIS AGREEMENT is made on this day of o2001, by and between the COACHELLA VALLEY WATER DISTRICT, a public agency State of California, with its headquarters at Coachella, California, hereinafter designated as " District" and NRI-CCPI, a Delaware Limited Liability Company, Post Office Box 1340, La Quints, California 92253, hereinafter designated as Country Club of the Desert." WHEREAS, Country Club of the Desert is developing a project of approximately 900 acres, which includes approximately 820 homes, one club house and onemaintenance building located in portions of Section 9 and 10, Township 6 South, Range: 7 East, San Bernardino Meridian, in the City of La Quints, California and described on Exhibit " A" and as shown on Exhibit " B" and " B-1" attached hereto and herein after referred to as " Project" ; and WHEREAS, said Project will include perimeter landscaped parkways and three (3) 18-hole golf courses with water features and amenities and will require :irrigation water service for purposes of the parkways and golf course. Except as otherwise set forth herein, the term " irrigation water" is intended to refer to canal. water from the Coachella Branch of the All American Canal; and Page 1 eng/agnmts/u1/countryclub WHEREAS, said Project lies within the District's existing irrigation service area which was previously farmed and has now been developed; and WHEREAS, Country Club of the Desert requests to modify the existing delivery point 1599, as shown on Exhibit " B" attached hereto and by this reference incorporated herein, at Country Club of the Desert's expense with approval by District; and WHEREAS, Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119,65-1.1, 119.65-1.3, 119,65-1.6, 119.65-1.8, 119.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.3, 119.65 and 119.64 exist within the proposed project development and conflict with proposed improvements; and WHEREAS, Country Club of the Desert requests to abandon Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8 and 119.65-0.3-0.3. WHEREAS, Country Club of the Desert requests to relocate portions of Lateral Nos. 119.65-0.3-0.5 and 119.65-0.3 at Country Club of the Desert's expense with approval by District; and WHEREAS, District will require that Country Club of the Desert grant to District certain easements for ingress and egress on those portions of the Project as described in Paragraph 9. hereof; and WHEREAS, at present, no groundwater replenishment assessment exists which affects Country Club of the Desert; and WHEREAS, District has embarked upon a long-term water management plan that encourages the use of alternative sources of water, thus protecting valuable groundwater resources for domestic consumption. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Execute District's well Metering Agreement for each irrigation well within or supplying water to Country Club of the Desert. Page 2 en4/agmnte/O1/couotryclub IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII III IIIIIIII IN06//�? 019 60A WHEREAS, said Project lies within the District's existing irrigation service area which was previously farmed and has now been developed; and WHEREAS, Country Club of the Desert requests to modify the existing delivery point 1599, as shown on Exhibit " S" attached hereto and by this reference incorporated herein, at Country Club of the Desert's expense with approval by District; and WHEREAS, Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8, 119.65-0.3-0.3, 119.65-0.3-0.5, 119.65-0.3, 119.65 and 119.64 exist within the proposed project development and conflict with proposed improvements; and WHEREAS, Country Club of the Desert requests to abandon Irrigation Lateral Nos. 120.3, 120.0, 120.OA, 119.7, 119.65-0.8, 119.65-1.1, 119.65-1.3, 119.65-1.6, 119.65-1.8 and 119.65-0.3-0.3. WHEREAS, Country Club of the Desert requests to relocate portions of Lateral Nos. 119.65-0.3-0.5 and 119.65-0.3 at Country Club of the Desert's expense with approval by District; and WHEREAS, District will require that Country Club of the Desert grant to District certain easements for ingress and egress on those portions of the Project as described in Paragraph 9. hereof; and WHEREAS, at present, no groundwater replenishment assessment exists 'which affects Country Club of the Desert; and WHEREAS, District has embarked upon a long-term water management plan that encourages the use of alternative sources of water, thus protecting valuable groundwater resources for domestic consumption. NOW. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Execute District's Well Metering Agreement for each irrigation well within or supplying water to Country Club of the Desert. Page 2 en9/agmote/01/countryclub 111111111111111I�'I�I III'III IIIII IIIBI III'IlIO IIIII II B6c�201 ass 00F 3. Country Club of the Desert acknowledges that the said Project must be irrigated by a method that does not permit unreasonable use or waste of water. Only sprinkler or drip irrigation will be permitted, except for leaching and lake filling purposes. 9. District shall have the right, but not the obligation, to conduct a water audit of the said Project once every five (5) years beginning with the execution of this Agreement. The District shall give the Country Club of the Desert 30-day prior written notice of each audit and an invitation to participate. 5. All costs incurred by the District in connection with the audit, including labor costs, shall be at Country Club of the Desert's expense. District shall invoice Country Club of the Desert for the costs incurred herein. Country Club of the Desert shall make payment to District within thirty (30) days of receipt of the billing therefore from District. Payments not received within thirty (30) days of receipt of the billing shall bear interest at the rate of ten percent (10%) per annum from thirty (30) days after receipt of the billing from District until paid in full. 6. As a condition of continued water service, the recommendations, if any, resulting from the water audit must be implemented unless the District's General Manager -Chief Engineer, in his discretion, determines otherwise. Country Club of the Desert hereby agrees to undertake the recommendations set forth in the water audit within thirty (30) days of receipt of the audit and shall diligently and continuously complete the recommendations unless Country Club of the Desert within 30 days of the receipt thereof, requests, in writing, to be relieved fromthe obligation to undertake one or more of the recommendations set forth in the water audit. Within a reasonable time after receipt of the notice from Country Club of the Desert, the General Manager -Chief Engineer of the District will notify Country Page 13 Ij I 1 1Ip�1 111 I+ en4/a9mnta/Ol/countryclub I III IIIIII IIII IIII(IIIIII III III III III IIIIII B6 2�:3 Of808 29898R Club of the Desert, in writing, if Country Club of the Desert shall be relieved from the obligations to undertake the recommendations. In the event the District's General Manager -Chief Engineer determines that one or more of the recommendations must be undertaken, Country Club of the Desert shall begin within 30 days of receipt of the District notice and complete the recommendations within the time frame set in the notice from the District's General Manager -Chief Engineer. 7. Country Club of the Desert shall provide groundwater protection from nitrates and pesticides leaching into the groundwater by employing the use of Best Management Practices (BMPs) as established by the University of California Turf Grass Research, which are attached hereto on Exhibit " Co and by this reference incorporated herein. The District reserves the right to substitute or modify the attached Exhibit " C" within sixty (60) days prior written notice to Country Club of the Desert. An evaluation of the said Project's BMPs may occur during the water audit. All costs of the evaluation shall be at the expense of the Country Club of the Desert. 8. Country Club of the Desert acknowledges and agrees that the Irrigation Water service provided by District is interruptible in nature and Country Club of the Desert will maintain an alternate water supply in " ready" status. Country Club of the Desert hereby waives and releases District from any claim, loss, damage or action, that each may have against the District for failure to deliver irrigation Water, including, but not limited to, damages, loss of business, loss of :profit or inconvenience. 9. Country Club of the Desert shall employ, at its sole cost and expense, a qualified professional engineer to plan, design and prepare detailed construction plans and specifications in accordance with District design criteria and standards for the Delivery System to the said Project. All planning, design work and plans for the Delivery system shall be subject to review and approval by District prior to the beginning of any construction of the Delivery System. The entire cost of the Page 4 en9/a9mnta/R1/co�ntryclub e00 III�III IIII\'IIII1IIII 1111111111111111111111111111 I II osla 0of M 108 BR design plans and construction to extend Irrigation water service to the said Project shall be paid by Country Club of the Desert. -Country Club of the Desert shall design and construct the following improvements for the Delivery System: A. Abandon lateral 120.3 along Jefferson street beginning at Avenue 52 (canal) and extending %-mile south of Avenue 53 (Avenue 53.5). S. Abandon lateral 120.0 along Jefferson 0.25 (1/4-mile east of Jefferson) beginning -A-mile south of Avenue 52 (Avenue 52.5) and extending %-mile south of Avenue 53 (Avenue 53.5). C. Abandon lateral 120.OA along Jefferson 0.25 (1/4-mile east of Jefferson) beginning S4-mile south of Avenue 52 (Avenue 52.5)and extending south to Avenue 53. D. Abandon lateral 119.7 along Jefferson 0.5 (1/2-mile east. of Jefferson) beginning at Avenue 52 and extending %-mile south of Avenue 53 (Avenue 53.5). E. Abandon lateral 119.65-0.8 along Jefferson 0.75 (3/4-mile east of Jefferson) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). F. Abandon lateral 119.65-1.1 along Madison Street beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). G. Abandon lateral 119.65-1.3 along Madison 0.25 (1/4-mile east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). H. Abandon lateral 119.65-1.6 along Madison 0.5 (1/2-mile east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). 1. Abandon lateral 119.65-1.8 along Madison 0.75 (3/4-mile east of Madison) beginning at Avenue 53 and extending %-mile south of Avenue 53 (Avenue 53.5). Page 5 78 eng/agmnts/01/countryclub z2s/20811 as 06A 111111111111111111111111111111111IN11111111111111111 � 1 of 86 J. Abandon lateral 119.65-0.3-0.3 along Madison beginning at Avenue 52 and extending %-mile south (Avenue 52.5). K. Install new 18-inch diameter polyvinyl chloride (PVC) pipe for lateral 119.65-0.3-0.5 along Madison 0.25 (1/4-mile east of Madison) beginning at Avenue 52 and extending south to Avenue 53. L. Replace existing 20-inch diameter and 16-inch diameter concrete pipe with 24-inch diameter PVC pipe for lateral 119.65-0.3 along Avenue 52 beginning %-mile east of Jefferson (Jefferson 0.75) and extending east ',A -mile beyond Madison (Madison 0.25). M. Abandon lateral 119.65 along Jefferson 0.75 (3/4-mile east of Jefferson) between Avenue 52 and Avenue 53 and lateral 119.65 along Avenue 53 beginning %-mile east of Jefferson (Jefferson 0.75) and extending east %-mile beyond Madison (Madison 0.25) upon completion of items K and L above. N. Modify delivery point 1599 by abandoning the vertical 10-inch diameter baffle meter and replacing it with a 24-inch diameter line meter (meter 9048) and all related appurtenances. O. In addition to modifying the existing meter, Country Club of the Desert agrees to pay all costs for district forces to furnish and install telemetry equipment at said delivery point 1599 for the purpose of conveying canal water to Country Club of the Desert. Owner shall pay the ent'.re cost of the plans and construction to extend irrigation water service to the property. The estimated cost for District forces to install the telemetry equipment is $25,000. This cost is the District's best estimate of the cost including indirect costs and overhead of the proposed work. However, Country Club of the Desert will be responsible for payment of the actual cost of the work. If the cost exceeds the deposit, Country Club of the Desert will be billed and if it is less than the deposit, the balance will be refunded to Country Club of the Desert. Page 6 eng/agmnte/OL/count ryclub III�III IIIIIIIIIIlII6I IIIIIIIII�IiII�II III IIII�IIIIl� 062891 90200180800P 1 6 of 20 P. Protect that portion of lateral 119.64 in place along Avenue 52. 10. Country Club of the Desert shall at its sole cost and expense provide the District with an easement for the location of the new portion of the Delivery System that crosses the said property as described in paragraphs 9.K., 9.L., 9.N. and 9.0. 11. Country Club of the Desert shall at its sole cost and expense vacate the existing easement for the portion of the existing irrigation laterals that will be abandoned as described in Paragraph 9. Country Club of the Desert shall :provide the District with the required documentation for abandoning easements. Said abandoned easements shall be in recordable form and shall be executed by or on behalf of Country Club of the Desert. 12. Country Club of the Desert agrees that no improvements may be constructed within the Bureau of Reclamation easements without written consent by the District. This includes, but is not limited to, street, curb, gutter, sidewalk, landscaping, buildings, walls and other permanent structures. More specifically, Country Club of the Desert agrees to obtain the permits to construct over irrigation lateral 119.64 and that portion of irrigation lateral 119.65 between Madison 0.25 (1/4-mile east of Madison) and Monroe Street along Avenue 53. 13. Country Club of the Desert hereby acknowledges and agrees that any portion of the irrigation water distribution system, installed by or on behalf of District, within the Bureau of Reclamation's right-of-way is the property of District, notwithstanding the funds necessary to construct the irrigation water system came from Country Club of the Desert. Country Club of the Desert shall, upon receipt of a notice, execute any further instruments as may be necessary to indicate District's ownership of the irrigation water distribution system installed by or on behalf of District. This includes but is not limited to a receipt of declaration by Country Club of the Desert or Country Club of the Desert's contractor who furnished materials in the construction of the irrigation water distribution system have been Page 7 ens/agnmts/01/countryclun IIIIIIIIIIIiIIIIIIIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIII III ss 29/ 0198 0ss paid in full and Country Club of the Desert shall deliver to District a bill of sale which conveys title of the irrigation water distribution system to District. 14. Upon receipt of notice of completion of construction of the Delivery System, the District shall inspect same; any variation from the District's standards shall be called Country Club of the Desert's attention and shall be remedied by Country Club of the Desert in accordance with the District's requirements. When the Delivery System is reasonably determined to meet District standards and when a bill of sale for same in acceptable form has been tendered to the District by Country Club of the Desert, the District shall accept same for purposes of ownership, operation and maintenance, provided, however, that charges for the cost of operating, maintaining, repairing and replacing the Delivery System may, in the future, be added to charges for water service to the said Project, as part of a District -wide policy. 15. Country Club of the Desert hereby grants a perpetual nonexclusive easement and right-of-way to construct, enlarge, reconstruct, remove and replace, operate, inspect, test, maintain, repair, read meters or other measuring devices, improve and relocate irrigation water service facilities, including, but :act limited to, laterals, valves, meters and appurtenant equipment for the transmission of irrigation water, in, on, over, under, upon, along, through and across said Project, together with right of access to and from (1) said easement for the purpose of exercising the rights granted in said easement; and (2) over and across said Project for the purpose of monitoring the use of the irrigation water and other purposes reasonably related thereto. In order to exercise the rights listed herein, District and its officers, employees, agents contractors and subcontractors may utilize vehicles and equipment necessary to accomplish the rights set forth herein. 16. Prior to receiving Irrigation Water service, Country Club of the Desert shall, at its own cost and expense, apply for and obtain all necessary consents, easements, approvals, permits, authority, licenses or entitlements (" Permits" ) from Page 8 II ea9/asmnts/O1/countryclub 6 II�IIII I'III�IIIII II��IIIIII�IIII'II��III �IIIII III II 06 2V2 1 &8:09R 19. District shall conduct an inspection of the meter. In the event that District determines that the meter installation has not been completed according to District specifications, District shall notify Country Club of the Desert of its disapproval. District shall then have the right to direct that the discharge meter assembly be reconstructed at the expense of Country Club of the Desert, or to direct that other appropriate action be taken. After completion of the meter installation, District will, at District's cost and expense, obtain a hydraulic pump test on the well for determining any meter correction factors. 20. Upon District's approval of the Meter, Country Club of the Desert will own, operate, maintain and replace the meter at expense of Country Club of the Desert. District may read the meter at periodic intervals and make such reading available to Country Club of the Desert if so requested. Country Club of the Desert agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. Country Club of the Desert, as necessary, shall grant or obtain any releases that may be required of District in order to obtain said data from the power utility. 21. District, its officers, employees, and agents, shall have an irrevocable license to use property owned or controlled by Country Club of the Desert for access to the Delivery System and to each well and accompanying facilities, equipment and appurtenances for the purpose of performing the activities set forth in this Agreement. District agrees to indemnify, defend and hold harmless Country Club of the Desert from any cost incurred or suffered by Country Club of the Desert as a result of damage or injury to persons or property as a result of District exercising its right of ingress and egress, except for damage or injury caused by the negligence or intentional acts of Country Club of the Desert. Page 10 en4/a9mnte/O1/count ryclub IIIIIII1IIIIIIIIIiiIIIIIINIIiI1IdIIIiI IIIYIIINIIII1iI 06/2 IS f 260I 090 00R 22. Invoicing and payment for delivery of Irrigation Water shall be as follows: A. District shall invoice Country Club of the Desert periodically for the delivery of Irrigation Water to Country Club of the Desert. The invoice shall include (1) the amount of Irrigation Water delivered or requested by Country Club of the Desert, (2) the cost of the Irrigation Water delivered or to be delivered to Country Club of the Desert and (3) the amount to be paid by Country Club of the Desert to District. B. Country Club of the Desert shall make payment to District within thirty(30) days of receipt of the billing therefore from District. Payments not received within thirty (30) days of receipt of the billing shall bear interest at the rate of ten percent (10%) per annum from thirty (30) days after receipt of the billing from District until paid in full. 23. This agreement is subject to Bureau of Reclamation rules and regulations. 24. Country Club of the Desert hereby acknowledges that the said Project is not protected from stormwater flows and Country Club of the Desert hereby waives and releases District from any claim, loss, damage or action it may have against the District, including, but not limited to, loss of business, loss of profit or inconvenience. 25. In the event Country Club of the Desert transfers or leases said Project, Country Club of the Desert hereby agrees to deliver a copy of this Agreement to the transferees or lessees on or before the transfer of the said Project. Concurrently with the delivery of the Agreement to the transferees or lessees, Country Club of the Desert shall obtain a written acknowledgment executed by the transferees or lessees indicating that (a) the transferees or lessees have received a copy of the Agreement; and (b) the transferees or lessees have or shall have, prior to the date said Project is transferred or leased to the transferees or Page 11 e g/agmrtts/01/cou tryclub II��II IIII�'11111111111111111111111111111111111111111111 66 29111 of 26�920ses all appropriate governmental authorities including, but not limited to, the Bureau of Reclamation, required to allow District to deliver Irrigation Water to the said Project, including, but not limited to, the construction of the Delivery System. District shall have no obligation to provide Irrigation Water service to the said Project until District receives the easements and necessary authorizations issued by said governmental authorities. Country Club of the Desert shall comply with and conform to all laws and regulations, including, but not limited to, any and all requirements and orders of all federal, state and local boards or authorities, present and future, in any way relating to the use of Irrigation Water, and Country Club of the Desert shall hold District free and harmless from any loss, damage or liability arising therefrom or in connection therewith. 17. In the event of a shortage of available Irrigation Water, excerpt as otherwise required by law, regulation or court order, the following Irrigation Water uses shall have priority to use Irrigation Water over the said Project: A. Agricultural uses in existence as of the date of this Agreement. B. Agricultural uses converted to non-agricultural uses prior to the date of this Agreement; and C. Non-agricultural uses in existence prior to the date of this Agreement. During such periods of shortage, irrigation Water for said Project may be supplied by non -District owned wells. is. In order for District to monitor groundwater levels, Country Club of the Desert or assigns, agree to install a metering device and appurtenances thereto (collectively -meter' ) in accordance with District specifications at the: expense of Country Club of the Desert, so that District may read the meter on each well to be used as a supplemental supply source at periodic intervals. upon the written request of Country Club of the Desert or his authorized representative, District will make available meter installation specifications. Page 9 11 eng/agmnte/O1/cauntryclub 81-298679 28 I IIIINIIINIINNI11111111111111111�IIINIINl 11111111 a69/2&(n98688Bs lessees, acknowledge the terms and provisions contained in the Agreement. Country Club of the Desert shall deliver the executed acknowledgment to District within five (5) business days of receipt. 26. District shall not be liable for the replacement of surface improvements that District may be required to remove in the future to gain access to the Delivery System. Country Club of the Desert waives the right of claim, loss, damageor action against District and hereby releases District from any matter arising out of or resulting from removal or destruction of surface improvements or any action of District exercising its rights hereunder and Country Club of the Desert hereby waives all claims in respect thereof against District. Country Club of the Desert hereby agrees to indemnify and hold harmless District against and pay in full all loss, damage or expense that District may sustain, incur, become liable for arising out of or in connection with the rights provided for hereunder. 27. Country Club of the Desert shall furnish to District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $loo,o00, as security for the purpose of guaranteeing the completion of the improvements to the irrigation delivery system as described in Paragraphs 9.N. and 9.0. Said security shall provide that District has the absolute right five days after the mailing of a written notification to Country Club of the Desert by certified mail at Country Club of the Desert's address herein to draw all or a portion of the funds represented by the security as may be necessary to complete construction of irrigation delivery system, including administrative and all other project costs. Said security, less draws, if any, will be returned to Country Club of the Desert upon acceptance of the irrigation delivery system as described in Paragraphs 9.N. and 9.0. by District. Page 12 en9/a4mnte/01/c0untryclub I IIIIIII IIIIIIIIII1IP1IIIIII1IIIIIIIIiI IIiIIIIII III 1111 �229 20 o1620 8:66R 28. This agreement and the covenants and conditions created hereby shall inure to the benefit of, be binding upon,, and run with the said Project and shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto, and all other persons acquiring any part of the said Project, whether or not any reference to this Agreement is contained in the instrument by which such person acquires an interest in the said Project. 29. country club of the Desert hereby waives any immunity that it may have and hereby agrees to submit to the jurisdiction of the courts of the state of California in connection with any dispute arising out of this Agreement or in connection with the breach thereof. 30. In the event of any controversy, claim or dispute relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 31. Each party agrees to perform any further acts and to execute and deliver any documents that may be reasonably necessary to carry out the provisions: of this Agreement. 32. In the event that any provisions of this agreement shall be held to be invalid, the same shall not affect, in any respect whatsoever, the validity of the remainder of this Agreement. 33. The provisions of this Agreement shall be constructed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of language in question. 34. District will provide Irrigation water service to the said Project in accordance with District's Rules and Regulations Governing Water Service. 35. canal water shall be used as the primary source of irrigation within Country Club of the Desert, when it is available. on an annual basis, at: least 85 percent (85%) of all irrigation water applied shall be canal water. Page 13 �01 eng/ante/01/conntrycl,b � 1111111 Ito 111111111111111111111111111111111111111118613a f 20000 This agreement is binding on the assigns of District and on the assigns, successors and representatives of Country Club of the Desert. PLEASE ATTACH APPROPRIATE NOTORIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTORIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT By: 7eer General Manager -Chief Eng Dated: 5/16/O1 NRI-CCPI, a Delaware Limited Liability Company By: La Quinta Land Partners, LLC, a California Limited Liability Company, Manager Nancy J. orison Dated: AILS-11 l U, / { Page 14 Cw:9b/en9/a9mnts/O1/countryclub I I�OIII IIIIN IIIII �II� III! Ilil� II�II III Illil� II I'I as//n i0B�2, GGA State of California ) ) ss County of Riverside ) On May 16, 2001, before me, Cynthia R. Parks, Notary Public, personally appeared Nancy J. Aaronson, proved 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) CYNMIA R. PARKS COmmbdm A 1292611 i NotwYPUNC—Colitmia Rlvetsidt: County My Canm., Fitpies FeD Inigation Water Service Agreement NRI-CCPI, a Delaware limited liability company Ia Quinta Land Panners, LLC, a California limited liability company May 16, 2001 Witness my hand and official seal. No Public in and for said ry County and State Ill�llll�ll�illlliVl�llll�llillll{IllelllllillillllIN B6�9t15 of 29B6P State of California ) ss County of Riverside ) On May 16, 2001, before me, Cynthia R. Parks, Notary Public, personally appeared Tom Levy, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument_ (seal) Witness my hand and official seal. N tary Public in and for said County and State ####################################################################### Irrigation Water Service Agreement Country Club of the Desert Nancy J. Aaronson 'e 11111111111111111111111IIIIII1INI111111IIB�IIIII11111 M, 1 aoe 9 EXHIBIT "A" THOSE PORTIONS OF SECTIONS 9 AND 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNL64 MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTION 9, TOGETHER WITH THE WEST HALF OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST; EXCEPTING THEREFROM THAT PORTION OF SECTION 9 LYING WESTERLY OF THE EASTERLY RIGHT OF WAY LINE OF JEFFERSON STREET; ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 9 LYING NORTHWESTERLY OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE COACHELLA CANAL. ONO.26662 ` MARCH 31, 2004 �'CN'11. Of CAS 2001-238676 IIIIIIIIIIIIIIIUI81111111111111111111111111111111 �?29/1�e�r ze 0p EXHIBITS' COUNTY CLUB OF THE DESERT SKETCH TO ACOOWANY LEd4L DESCWRON (E)F®IT A7 ATTACH® HERETO AND MADE A PART HEREOF JEFFERSON STREET N 0210'44" W 3806.77' N 89'54'51" E 51.90' �--�� - R-527.46 L=351.61 Ton-199.59 ti00 Delta-41'27'09" 61 �'y Fp. 1 y� , es, I I II 1 N to a il< w w �zz ;> w T- - �D I 1 N m z MADISCM STREET WN-IMPROVED) N O w 1 > N 00'06'27" E 2674.76' Q m Z m kj U u �m to rn I N SCALE: r o two MONROE STREET _ N 00'20 25 E 26 3,81 IIIIIIIIIIIIIIIIIIIIilllll�IIIIIIIII IIIIIIIII IIIIIII BG 2eA t8 �B �BBfl m W 111111111111111111111111N111111111111111111111111111111 20sl19 of 20esa EXHIBIT ^ C^ Best Management Practices 1. Apply frequent light rates of N. 2. Use slow -release fertilizers. 3. Avoid fertilizing during periods when turf grass is naturally slow growing, dormant or stressed. 4. Avoid fertilizing when rain is forecasted. 5. Conservatively irrigate greenbelt areas to save water and reduce leaching. Limit irrigation to the amount necessary to replace moisture used by the plant. Irrigate according to ET and soil infiltration rates. Maintain the highest possible irrigation distribution. Try not to have irrigation application rate exceed soil infiltration rate by using multiple, short run times. 6. Use less energy demanding plants where possible and reduce the scope of the ^ heavily managed" areas. 7. Reduce annual N application rates as much as possible. S. Minimize the reduction of growth of base turf areas during preparations of overseeding. 9. Reduce the amount of area within greenbelt areas that is overseeded. 10. Install under -drain system to collect the leachate from areas of the greenbelt areas that may be susceptible to leaching. The leachate should be properly disposed of through irrigation via infiltration through a proper soil profile. 11. Develop collection ponds to collect surface runoff and if necessary, install impervious liners to prevent groundwater leaching. 12. Collect runoff from sensitive areas and pass it through grassed swales or vegetated buffer strips. 13. As a condition of service, the recommendations of Best Management Practices must be implemented unless the general manager - chief engineer finds it would be a hardship. II I I I '{11I '1N 1{1 aeet-zsas�a Page 17 cw:9b/eng/a9mnt5/01/c0untryc1ub a `1 0 i............ u, 1 u RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Regina R. Ormond, Esq. Nationwide Realty Investors, Ltd. 375 North Front Street, Suite 200 Columbus, Ohio 43215 DOC a ZOOM-298681 08/29/2001 08:00A Fee:1.62.00 Page 1 of 83 Recorded In Official Records County of Riverside Assessor, County Clark & Recorder II Glary L. Orso II jI IIIIII �I If (IIII �f�� IIIIIII II III I�I II� IIII1 IIII IIII M $ U PAGE SIZE OA Pew NOCOR Gi WSC. C A R C DOPY tONC REFUq NCNG E%M1 (Space Above This Line For Recorder's Use) RECIPROCAL EASEMENT AGREEMENT ,. SC This Reciprocal Easement Agreement ("Agreement") is entered into by and between NRI-CCP I, LLC, a Delaware limited liability company ("NRI-CCP"), and NRI-LQLP Golf Properties, LLC, a Delaware limited liability company ("Golf Properties"), with reference to the following facts: A. NRI-CCP owns certain real property in the County of Riverside, ;State of California (the "Residential Property") and Golf Properties owns certain other real property adjacent to the Residential Property (the "Golf Property," and together with the Residential Property the "Property") located in the County of Riverside, State of California. The Property is described on Exhibit "A" attached to this Agreement, and incorporated herein by this reference. B. NRI-CCP and Golf Properties intend to create, establish and reserve easements appurtenant to, and in favor of, the Property for access, ingress, egress, construction, operation, repair and maintenance of golf cart paths; underground irrigation, sewer and water pipelines; utilities; and drainage facilities; and impose mutually beneficial restrictions for the benefit of the Property. C. NRI-CCP and Golf Properties hereby grant and reserve the following easements and establish certain covenants with respect to the Property. ARTICLE I 1. Definitions. 1.1 Agreement. "Agreement" means this Reciprocal Easement Agreement, as it may be amended from time to time as provided herein. REA-1 67991/12396 z00o06,2 3 eA1111111111111111111111111111111111111111111111111f5 1.2 Beneficiary. `Beneficiary" means a Mortgagee under a Mortgage or a Beneficiary under a Deed of Trust, as the case may be, and the successors and assignees of such Mortgagee or Beneficiary. 1.3 Improvements. "Improvements" mean the water, sewer and irrigation pipelines, drainage facilities, golf can paths, electrical lines, cable television lines and other utilities constructed or to be constructed upon or beneath the Property. "Golf Improvements" mean the Improvements constructed or to be constructed on or beneath the Golf Property and on or beneath the easement areas located on the Residential Property, and granted to Golf Properties. "Residential Improvements" mean the improvements to be constructed or to be constructed on or beneath the Residential Property and on or beneath the easement areas located on the Golf Property granted to NRI-CCP. 1.4 Mortgage. "Mortgage" means any rccorded mortgage or deed of trust or other conveyance of a Parcel or other portion of the Property to secure the performance of an obligation, which conveyance will be reconveyed upon the completion of such performance. The term "Deed of Trust" when used shall be synonymous with the term "Mortgage." 1.5 Mortgagee. "Mortgagee" means a person to whom a Mortgage is made and shall include the Beneficiary of a Deed of Trust. The term "Beneficiary" shall be synonymous with the term "Mortgagee." 1.6 Owner. "Owner" means NRI-CCP and Golf Properties and any other Person having or acquiring a fee title ownership interest in the Property, or any portion thereof, or their successors in interest, as shown by the Official Records of the Riverside County Recorder. Notwithstanding anything to the contrary in this Section 1.6, the term Owner shall not include any Person who holds fee title ownership of one or more platted residential lots and no other portion of the Property. Such reference shall, however, include any Person designated in writing by any Owner to act on behalf of such Owner in the exercise of the powers granted to such Owner under this Agreement and the Country Club of the Desert Owners Association, a California nonprofit mutual benefit corporation, to the extent of its ownership interest in the Property. 1.7 Parcel. "Parcel" means any separate lot or parcel within the Property shown on any recorded final map, parcel map, lot line adjustment or other subdivision approval. 1.8 Person or Persons. "Person" means and includes individuals, partnerships, firms, associations, joint ventures, corporations or any other legal entities and trustees, heirs, executors, administrators, agents, employees and other personal representatives. Property. 1.9 Property. "Property" means the Golf Property and the Residential ARTICLE II REA-1 2 67991112396 2. Construction. 2.1 Improvements. Golf Properties shall construct and install the Golf Improvements in accordance with plans and specifications approved by the City of La Quinta, or other government agency with jurisdiction over the Property. Golf Properties shall provide NRI- CCP written notice of commencement of construction of the GolfImprovements no less than ten (10) days prior to actual commencement thereof so that NRI-CCP may post such notices of nonresponsibility as it may deem appropriate. NRI-CCP shall construct and install the Residential Improvements in accordance with plans and specifications approved by the City of La Quinta, or other government agency with jurisdiciion over the Property. NRI-CCP shall provide Golf Properties written notice of commencement of construction of the Residential Improvements no less than ten (10) days prior to actual commencement thereof so that Golf Properties may post such notices of nonresponsibility as it may deem appropriate. No Owner shall request any change in the approved plans and specifications without the prior written consent of all Owners. 2.2 Indemnity. Golf Properties shall indemnify, defend and hold harmless NRI-CCP and the Residential Property from any loss, claim or damage (including without limitation personal injury, property damage, mechanics' liens and claims of lien, reasonable attorneys' fees and costs and expenses of litigation) arising out of or resulting from the construction, installation, use, maintenance or repair of the Golf Improvements, except to the extent caused by the negligence or willful misconduct of NRI-CCP and its agents, employees and invitees. NRI-CCP shall indemnify, defend and hold harmless Golf Properties and the Golf Property from any loss, claim or damage (including without limitation, personal injury, property damage, mechanics' liens and claims of lien, reasonable attorneys' fees and costs and expenses of litigation) arising out of, or resulting from the construction, installation, use, maintenance or repair of the Residential Improvements, except to the extent caused by the negligence or willful misconduct of Golf Properties and its agents, employees and invitees. 2.3 Owner Insurance. Each Owner shall obtain and maintain, or cause to be obtained and maintained by the primary occupant of each such Owner's Parcel ("Primary Occupant"), at all times, with respect to its respective Parcel, public liability insurance insuring against claims on account of death, bodily injury or property damage that may arise from or be occasioned by the condition, use or occupancy of such Parcel by tenants, customers, invitees, licensees and employees of such Owner. Said insurance shall be obtained and maintained in a reputable insurance company or companies qualified to do business in the State of California with limits for bodily injury or death and property damage not less than $5,000,000 combined single limit. 2.4 Construction Insurance. Each Owner shall obtain, or cause to be obtained, and thereafter maintain so long as construction of the Improvements continues, at least the following minimum insurance coverages: Ili�lll li►I!lIIIII II�IIIIIIII II BIOI�II III�III� IIII NII B629Aof 53 00Fl 3 R[A-1 3 67991112396 (i) Workers' compensation and employer's liability insurance: (a) Workers' compensation insurance as required by any applicable law or regulation. (b) Employer's liability insurance in the amount of $1,000,000 each accident for bodily injury, $1,000,000 policy limit for bodily injury by disease and $1,000,000 each employee for bodily injury by disease. (ii) Commercial General Liability insurance covering all operations by or on behalf of the contractor, including without limitation premises and operations; products and completed operations; contractual liability insuring the indemnity obligations assumed by the contractor under the contract documents; broad form property damage (including completed operations); explosion, collapse and underground hazards; and personal injury liability. Limits of such coverage shall be not less than $1,000,000 each occurrence (for bodily injury and property damage); $1,000,000 for personal injury liability; $2,000,000 aggregate for products and completed operations (which shall be maintained for a three (3) year period following final completion of the work); and $2,000,000 general aggregate applying separately to this construction project. (iii) Automobile liability insurance, including coverage for owned, hired, and non -owned automobiles, with limits of liability not less than $1,000,000 combined single limit. The contractor shall require each subcontractor to include in its liability insurance policies coverage for automobile contractual liability. (iv) Umbrella/excess liability insurance; in the amount of $5,000,000. If there is no per project aggregate under the commercial general liability policy, the limit shall be $10,000,000. Each Owner shall be named as additional insured and such insurance shall provide that the same shall not be canceled, reduced in an amount of coverage, nor allowed to expire, without at least thirty (30) days' prior written notice to each additional insured. 2.5 Cooperation. In connection with the installation, maintenance and/or repair of the Improvements, Golf Properties agrees to coordinate with NRI-CCP as to the scope and timing thereof in order to minimize interference with NRI-CCP's development, use, maintenance and operation of the Residential Property, and NRI-CCP agrees to reasonably coordinate its activities so as not to unreasonably interfere with the progress and timing of Golf Properties' development, use, maintenance, and operation of the Golf Property. ARTICLE III 3. Easements. I I�il I �I �� I I� �II� I Illli I illy �I III II I Ali IN 2 9 i oe $09�ees REA-1 4 67991112396 3.1 Construction Easements. NRI-CCP grants to Golf Properties nonexclusive temporary construction easements for pedestrian and vehicular access, ingress and egress in, to and over those portions of the Residential Property necessary to enable Golf Properties to construct and install the Golf Improvements. Golf Properties grants to NRI-CCP nonexclusive temporary construction easements for pedestrian and vehicular access, ingress and egress in, to and over those portions of the Golf Property necessary to enable NRI-CCP to construct and install the Residential Improvements. The use of the access easements granted herein shall be in connection with the construction, maintenance, repair or replacement of the Improvements ("Work"). The easements may only be used for a term commencing on the date of the commencement of any Work and ending on the date when the Work is completed. Once commenced, the Work shall be diligently and continuously pursued in a workmanlike manner until completion. When the Work is completed the servient estate shall be restored by the Party performing the Work, at its sole cost and expense, to as good a condition as existing prior to the commencement of the Work. Upon the request of either Golf Properties or NRI-CCP made after the Work is completed, the other party will execute such documents as may be reasonably required to terminate the temporary construction easetents. 3.2 Drainage Easement. Golf Properties does hereby grant to NRI-CCP, for itself and its successors or assigns, an easement over the Golf Property for drainage of over -land storm water and run-off water, and for construction, repair, operation and maintenance of storm and waste water drainage lines and facilities ("Facilities") under, over, through and across the Golf Property. The specific location of such easement (the "Drainage Easement") is more particularly described and depicted on Exhibit "C" attached hereto. This grant is made on the following terms and conditions: a.. Each Owner agrees that it shall be responsible for any and all cost and expense in connection with the installation, maintenance and/or repair of the Facilities on their Parcels. Each Owner shall indemnify and hold the other Owners harmless from and against any and all liens, encumbrances, charges, losses, claims, damages and any other obligations (including, without limitation, any materialmen's or mechanics' liens or claims) that arise directly or indirectly under or in connection with the installation, maintenance and/or repair of the Facilities for which it is obligated , and all costs and expenses, including, without limitation, attorneys' fees and costs of suit with respect thereto. b. Each Owner shall have the right to relocate the Facilities, or portions thereoflocated on its Parcels, at its sole cost and expense, provided such relocation does not unreasonably interfere with any other Owner's development, use, maintenance, or repair of their Parcels. 3.3 Water, Sewer, Irrigation and Utilities Easement. NRI-CCP grants to Golf Properties an easement for the installation, operation, maintenance, repair, removal and IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII{IIIllllllllllll 66/201, 9 8196fi REA-1 5 67991/12396 replacement of water, sewer and irrigation pipe lines, and for utilities and appurtenant facilities, including but not limited to pipes, poles, wires, cables, conduits and other instrumentalities necessary or needed in and about the transmission, conduction and distribution of water, sewer, electricity, gas, telephone, cable television, data transmission and communications systems, upon, over, through and across the portion of the Residential Properly depicted on the map attached hereto as Exhibit "D". 3.4 Grading Easement. Golf Properties grants to NRI-CCP an easement for grading the Residential Property upon, over, through and across a ten feet wide strip of the Golf Property running adjacent to and along the entire common boundary of the Golf Property with the Residential Property. 3.5 Paths. NRI-CCP grants to Golf Properties an easement for the installation, construction, use, operation, maintenance, repair, removal, and replacement of pedestrian and vehicular paths, upon, over, through, and across the portion of the Residential Property depicted as "access, irrigation and utility easement' on the maps attached hereto as Exhibit "D". 3.6 Platted Easement. NRI-CCP grants to Golf Properties the easements upon, over, through and across the Residential Property described and depicted on Tract Map No. 29894-1, recorded in Book 305 of Maps, pages 14 through 22 inclusive, Records of Riverside County, California, and Golf Properties grants to NRI-CCP, the easements upon, over, through and across the Golf Property described and depicted on said Tract Map in each cast: for the purposes stated therein. ARTICLE IV 4. Default. 4.1 Default. A party shall be deemed to be in default of this Agreement only upon the expiration of twenty (20) days from receipt of written notice from any other party specifying the particulars in which such party has failed to perform the obligations of this Agreement unless such party, prior to the expiration of said twenty (20) day period, has rectified the particulars specified in said notice. However, such party shall not be deemed to be in default if such failure (except the failure to pay money) cannot be rectified within said twenty (20) day period and such party is using all reasonable and diligent efforts to rectify the particulars specified in the notice of default. 4.2 Non -Waiver. The failure of a party to insist upon strict performance of any of the terms, covenants, conditions or agreements contained herein shall not be deemed a waiver of any rights or remedies that said party may have, and shall not be deemed a waiver of any subsequent breach or default in the performance of any of the terms, covenants, conditions or agreements contained herein by the same or any other party hereto. 1111111111111111111111111111111111111111111111111111111 2e9 6 o98e3GSA REA-1 67991/12396 I IIIIIIIINIIIIIIIIIIIIII111111111111111flllllllllllltll a6��0�,098of 58�e�A 4.3 General Remedies. After a default the non -defaulting Owner may enter upon the property of the defaulting Owner and rectify the particulars specified in the notice of default referred to in Section 4.1. The cost of the rectification shall be paid by the defaulting Owner within ten (10) days after delivery of an invoice for the costs reasonably incurred by the non -defaulting Owner. In addition to the remedies set forth in this Agreement, each party shall have all other remedies provided by law to the same extent as if fully set forth herein word for word. No remedy herein conferred upon, or reserved to any party, shall exclude any other remedy herein or by law provided, but each shall be cumulative. ARTICLE V 5. General Provisions. 5.1 Rights of Mortgagees. Notwithstanding any other provision of this Agreement, no amendment or violation of this Agreement shall operate to defeat or render invalid the rights of the Beneficiary under any Mortgage upon any Parcel in the Property made in good faith and for value prior to the date of such amendment or violation, provided that, after the foreclosure of any such Mortgage, such Parcel shall remain subject to this Agreement, as amended; provided that Mortgagee shall not be responsible for curing the default of the prior Owner. 5.2 Amendment. This Agreement may be amended only by written instrument executed by all Owners of the Property and any such amendment shall be effective when such written instrument is recorded. At the request of a Beneficiary or either party hereto, the parties hereto agree to amend this Agreement as reasonably required to provide legal descriptions of the easement areas not set forth on a Tract Map of the Property. 5.3 Effective Date and Termination. This Agreement shall be effective upon recordation in the office of the Riverside County Recorder. NRI-CCP shall record this Agreement only after it has been fully executed by all parties thereto. This Agreement and the easements and covenants contained herein shall be permanent and perpetual, except as otherwise provided herein and except that this Agreement and the easements and covenants contained herein shall terminate upon the execution by all Owners of the Property of a written instrument terminating the same and recorded in the Official Records of Riverside County, California. SA Limitations. Upon recordation of this Agreement, the Property has not been divided into separate residential lots, creating the residential lots and the common areas within the Residential Property. The Owners intend that, upon recordation of the final subdivision map(s) creating separate residential lots for each residence to be built on the Property, this Agreement shall no longer apply to the Property as a whole, but shall only apply to the Golf Property and the common areas within the Residential Property, except for any easements expressly granted herein. Accordingly, upon recordation of the final subdivision map(s) on the Property creating separate residential lots, without any further agreement or writing by the Owners, this Agreement shall not apply to any residential lot, but shall continue to apply REA-1 7 67991112396 to the Golf Property and all common areas in the Residential Property. In any event, except for any easements expressly granted herein, owners of residential lots shall not be responsible for any obligation or liability which arose prior to recordation of the final subdivision map creating such residential lots, and no lien for any such obligation or liability shall attach thereto. 5.5 Easements Appurtenant. Except as provided in Section 5.4, each of the easements granted or reserved herein shall be appurtenant to, and shall pass with title to, the Parcel or Parcels benefited thereby. 5.6 Compliance with Section 1468. Except as provided in Section 5.4, the provisions of this Agreement are intended to satisfy the provisions of Section 1468 of the California Civil Code and thereby establish covenants running with the land binding, upon the Owners of the Property and their respective successors, assigns and transferees. Consequently, the parties further agree that (a) the provisions of this Agreement relate to the use, repair, maintenance and/or improvement of all or a portion of the Property; and (b) except as provided in Section 5.4, each and all of the foregoing covenants, conditions and restrictions (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, the Owners and any Person having or acquiring any interest in any portion of the Property, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the Property and every portion thereof and interest therein. 5.7 Captions. The captions used in this Agreement are for convenience only and therefore do not constitute a part of this Agreement and do not amplify or limit the meaning of the provisions of this Agreement. 5.8 Severability. Any provision of this Agreement adjudicated by a court of competent jurisdiction to be invalid or unenforceable for any reason shall be ineffective to the extent of such prohibition or invalidity and shall not invalidate or otherwise render invalid or unenforceable any remaining provisions of this Agreement. 5.9 Integration. This Agreement sets forth the entire agreement of the parties with respect to the subject matter addressed and all prior negotiations, representations, warranties and discussions are superseded by the provisions of this Agreement. 5.10 Number; Gender. Unless the context requires a contrary Construction, the singular shall include the plural and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. 5.11 Applicable Law. This Agreement shall he construed in accordance with the laws of the State of California. 5.12 No Partnership. Nothing in this Agreement shall be construed to constitute the parties hereto as partners or joint ventures. II�IIt'IIIIB IIIII'I'� I IIII� II �IIIII�I III11111 IN IN 06 28/8 8f 58!B0P REA-1 8 67991/12396 5.13 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Property to the general public or for any public purpose whatsoever, it being the intention of the parties hereto that this Agreement shall be strictly limited to and for the purposes herein expressed. This Agreement is dated 6Z 7 2001, for identification purposes only. (SIGNATURES FOLLOW) I�IIII ��IIII IIIII II IIII�III II IIIII��I �II III�I IIII IN 96 21-298681 2902 91198, SGA REA-1 67991112396 NRI•CCP I, LLC, a Delaware limited liability company By its Managing Member: NATIONWfN EALTY INVESTORS, LTD., an Ohioin d h biAi By: J. EllisChief Operating Officer [SIGNATURES CONTINUED ON FOLLOWING PAGE] IIlilllllllllllll IIIIIIIIIiI11IIIIIIIIIII Illlll111IIII as 200; 01 3aa„ 469328.Rec. Easement Agmt. S-1 67991/12396 And by its Member: COUNTRY CLUB PROPERTIES, L.P., a California limited partnership La Quinta Land Partners, LLC, a California limited liability company, General Partner By its Managing Members: By: Equity Funding Corporation, aNevad-eprporation 113 By: /Prfstwick Development, L.L.C., an Arizona limited liability companyi rant B. Ho beak,) anaging Member [SIGNATURES CONTINUED ON FOLLOWING PAGE] IIII1111111111111111111111111111111111111111111111111 62�011 Seen 469328.Rm. Casement Agrm 5-2 NRI-LQLP Golf Properties, LLC, a Delaware limited liability company By its Managing Member: NATIOaanI. ALTY INVESTORS, LTD., an Ohioility y By: — s, Irresident and Chief Operating Officer [SIGNATURES CONTINUED ON FOLLOWING PAGE] I IIIIII IIIIII IIIII IIII Iilllil 11 llllllll lll01B11111111 96 2� 12 C 300fl 469328.Rm Easement Agmt. S-3 67991/12396 And by its Member: LA QUINI'A LAND PARTNERS, LLC, a California limited liability company By its Managing Members: By: Equity Funding Corporation, By/ Krestwick Development, L.L.C., v an Arizona limited liability company, D/ �N By' -- Grant B. Homb c, Manab g Member �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIII IIIIIIIII IIIIIII 13 06 2�91 @a: son 469328.Rm, Ease Agmt. SA ACKNOWLEDGMENTS STATE OF ONTO ) ) ss. County of F ran/ kfitJ ) On this _A7��day of JaX.2 2001, before me, personally appeared jBr;a,q 7 E1 h3 , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. Y , LYNNCOSIIIID Notary Public, Ste@ i oz My CommisI ,fE 0 r: 469328.11". Easement Agmt. 67991/12396 cat, NotaryPublic for S nF Ch:.o Residingat ColUrt<ht_r_( 0h'0 Commission expires O/�, -2 -- oy II�IIII �IIII� IIIIIIlllIlldll� II�Ilil9�lIII IIIIII III IN 86 29/' 6011 084 of 36on STATE OF ) County ofdG,ol' } On this -�47 day of , 2001, before me, personally appeared b. � L2d'l 4 , known to me (ter-proved-ta meYm lfie to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDYM.ARCIA Commission Kota�'PMA #11877 1187723 Residing Notary Public - California a _ Riverside County ■ My Ccmm. Bpies Jun 20,2002J Commission STATE OF (e%(p7�4- ) ((ff ) ss. County of R/f/.(/t.&Z& ) On thisday of _ 2001, before me, personally appeared known to me (ci .provedttrmr-mrtite to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDYM.GARCIA Kota u Cf Commission # 1187723 rY ro NolaryPubllo-California_ Residing at Riverside County Commission expires My Comm. t� Jun 20, 200'1 11111 fill 111111111111111111111111111111111 B6 29/2001 &a3Ron 46932&Re . Ea. m nl .Agent. STATE OF 0kj D ) ) ss. County of Fv00*1"t ) On this 0-I day of ILC 2001, before me, personally appeared laTionr -J. Ellis known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. 00 LYNNCOSTELLO Notary Public, StffiB Of o u o�My Commission E�Ireo frF UW 469328.Rcc. Easement Agmt. 67991112396 Notary Public for &(mile- Ort-in Residing at Pr�1urdxtS ON Commission expires Qua aU aoo+J 2gl-601 ss rzsr lhso a 5� sea STATE OF j4gP?fiZA ) ) ss. County of 1P.jd� ) (� ,On this lz5�7 day ow�f-Jua , 2001, before me, personally appeared known to me (or�amp on the to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDY'ion #M. GARCIA Notary f a Commisson # 11 i Notary Public -California - Residing at Riverside County Commission expires MyCCcmm. Expires Jun 20, 2002 STATE OFe�� ) ss. County of n this 27 day of _, 2001, before me, personally appeared �. Wkmlt __, known to me (ar etad� on to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. WENDY M. GARCIA Commission # 1187723 Nota IC _ Notary Pubnc-Carifomia Residin Riverside County IF My Comm. des Jun 20.2002 Commission expires �Illlll��IIIIIIIIII{IIIII��IIllllll��111111111IN B6/2a9/11981�l5:MA 3 469328.Rec. Fax cut Aga. EXHIBIT "A" PROPERTY (RESIDENTIAL PROPERTY AND GOLF PROPERTY) I II�I�II'�i��I IIII'��"I�I'I��l'�I�I��I II��III�I'll lt�t P6 es eon 3 469328.Rec. Easement Agmt. 67991/12396 EXHIBIT "A" Parcel 1: (Golf Course) Lots A through Q of Tract No. 29894-1, in the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded in Book 305, page,(s) 14 through 22 inclusive, of Maps, in the office of the County Recorder of Riverside County. Parcel 2:(Residential Property) DIVISION I The Southwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, according to the official plat thereof. Except the Southerly rectangular 30.00 feet, as granted to the County of Riverside, by deed recorded October 19, 1959 as Instrument No. 8935:3, Official Records. DIVISION II Parcel 1• The South half of the Northeast quarter and the Southeast quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet, as conveyed to the County of Riverside by Quitclaim deed September 27, 1950 in Book 1207, page 350, Official Records; Also except the Easterly 30.00 feet lying within Madison Street. Parcel 2: The North half of the Northeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except the Northeasterly 30.00 feet, lying within 52n° Avenue. Also except the Easterly 30.00 feet lying within Madison Street. Parcel 3• The Northwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. 1 IIIIIII�iillllllliilNllllllill lll'I�tI IIIliillOIIIIlIi 06 ZA®I9fl99e8360B Except the Northerly 30.00 feet, lying within 52n° Avenue. Also except the Westerly 30.00 feet lying within Madison Street. That portion of the East half, of the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: Commencing at the Northeast corner of said East half; thence South 000 03' 39" West, 509.51 feet along the East line of said East half to the point on the Southeasterly line of the All American Canal, per grant deed recorded September 18, 1947 in Book 847, page 538, Official Records said point being the True Point of Beginning; thence continuing South 000 03' 39" West, 809.82 feet along said East line to the Southeast corner of said East half; thence South 890 39' 02" West, 663.09 feet, along the South line of said East half to the Southwest corner of said East half; thence North 000 05' 21" East, 189.59 feet, along the West line of said East half to a point on the said Southeasterly line of said all American Canal,; thence North 460 45' 02" East, 911.12 feet along the said Southeasterly line to the True Point of Beginning. Parcel 5: A portion of the Northeast quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII INB6/790209f08 3806 Commencing at the Northwest corner of said Northeast quarter of the Northwest quarter; thence South 00° 03' 39" West, 509.51 feet along the West line of said Northeast quarter of the Northwest quarter to a point on the Southeasterly line of the All American Canal, per grant deed recorded February 24, 1950 in Book 1149, page S44 through 548, Official Records said point being the True Point of Beginning; thence continuing along said West line South 000 03' 39" West, 809.82 feet to the Southwest corner of said Northeast quarter of the Northwest quarter; thence North 890 39' 02" East, 1,326.18 feet, along the South line of said Northeast quarter of the Northwest quarter to the Southeast corner of .said Northeast quarter; thence North 00" 00' 13" East, 1,316.56 feet along the East line of said Northeast quarter of the Northwest quarter to the Northeast corner of .said Northeast quarter; thence South 890 46' 12" West, 781.54 feet along the North line of said Northeast quarter of the Northwest quarter to a point on the said Southeasterly line of said All American Canal; thence South 460 44' 42" West, 699.S9 feet along said Southeasterly line to an angle point therein; thence continuing along said Southeasterly -line South 460 45' 02" West, 47.14 feet to the True Point of Beginning. Except the Northeasterly 30.00 feet lying within 52nd Avenue. Parcel 6: The North half of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Westerly 30.00 feet lying within Madison Street. Also except the Northerly 30.00 feet as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument No. 89349, of Official Records Parcel 7: The Southeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet Included in 54t" Avenue. DIVISION III The Southeast quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except those portions thereof included In public roads. 11111111111111111111111111111111111111111111111111111111 06 2061-298681 of 5300F Also except the Northerly rectangular 30.00 feet of the Southeast quarter of said Section 10, as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument No. 89348, Official Records. DIVISION IV Parcel 1: That portion of the Northwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, lying East of the East line of Jefferson Street, said Jefferson Street being described as follows: Beginning at a point, on the North line of the Southwest quarter of Section 9, from which the West quarter corner of said section bears South 89" 51' 30" West 137.53 feet; thence South 02" 19' 40" East 1,311.71 feet to a point on the South line of said Northwest quarter of the Southwest quarter of Section 9; thence South 89" 48' 22" West, on said South line, 60.04 feet; thence North 02" 19' 40" West, 1,311.76 feet to a point on the North line of the Southwest quarter of Section 9; thence North 890 51' 30" East 60.04 feet, to the Point of Beginning. Except the North 30.00 feet. Parcel 2• The Northeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the North 30.00 feet.. Parcel 3• The Southwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except that portion lying West of the East line of the land described in the deed to the County of Riverside recorded December 23, 1952 as Instrument No. 54929, Official Records. Parcel 4: The North half of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the North 30.00 feet. 1 I 1 I` 1 zest-298681 II'Illlilllll111INIIIIIIlIIiINI�IIIIIINIIIIIIIIII 06/29l82f 53806 Parcel 5: The Southwest quarter of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. DIVISION V Parcel 1: A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, described as follows. Commencing at the Southwest corner of Section 10; thence along a line that bears North 890 23' 56" East, 30.00 feet; thence North 000 19' 02" East, 30.00 feet to the True Point of Beginning; thence along the same line 1,285.74 feet; thence North 890 23' 17" East, 759.32 feet; thence South 000 15' 08" East, 1,285.89 feet; thence South 890 23' 56" West, 757.86 feet to the True Point of Beginning. Parcel 2. A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South , Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, described as follows: Commencing at the Southwest corner of Section 10; thence along a line that bears North 890 23' 56" East, 787.86 feet; thence North 080 15' 08" West, 30.00 feet to the True Point of Beginning; thence along the same line 1,285.89 feet; thence North 890 23' 17" East, 529.89 feet; thence South 0041 15' 08" East, 1,285.99 feet; thence South 89* 23' 56" West, 529.89 feet to the True Point of Beginning. DIVISION VI The Southeast quarter of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. DIVISION VII The West half of the Southeast quarter of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quanta, County of Riverside, State of California, according to the official plat thereof. DIVISION VIII 1111111 IINII 11111111111111111111111111111111111111111186/2AA 2-389681 808 38BR The East half of the Southeast quarter of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. DIVISION IX The North half of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of, County of RIVERSIDE, State of California, according to the official plat thereof. Except that portion of the North half of the Southwest quarter of the Northwest quarter of said Section, lying Northwesterly of the Southeasterly line of the canal right of way as condemned by the United States of America; a certified copy of the Declaration of Taking was recorded September 11, 1947 in Book 863, page 340, Official Records, and that portion lying Westerly of the East line of the present County Highway, as located on August 1, 1951 and set out in deed recorded January 23, 1968 as Instrument No. 6767, Official Records. Parcel 2: The Southeast quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian in the City of , County of RIVERSIDE, State of California, according to the official plat thereof. Except the Southerly 30.00 feet conveyed to the County of Riverside, by deed recorded August 28, 1950 in Book 1200, page 259, Official Records. Parcel 3• That portion of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, In the City of , County of RIVERSIDE, State of California, according to the official plat thereof, lying Southeasterly of the canal right of way of the Coachella Valley County Water District and Easterly of the present County Highway, as conveyed to the County of Riverside by Quitclaim Deed recorded January 23, 1968 as Instrument No. 6766, Official Records. Said canal right of way was condemned by the United States of America, of which a certified copy of the Declaration of Taking was recorded September 11, 1947 in Book 863, page 340, Official Records. Except the Southerly 30.00 feet as conveyed to the County of Riverside by deed recorded August 28, 19SO In Book 1200, page 259, Official Records. Also except the following: I111111IIII11IIi1111IIIIIIIIIIIIIIIIIIIIII1111IIi8IIII 86 209 249f 309R The North half of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian in the City of , County of RIVERSIDE, State of California, according to the official plat thereof, and the Southeast quarter of the Southwest quarter of the Northwest quarter of said Section. Also except the North 200.00 feet as conveyed by document recorded July 28, 1987 as Instrument No. 216961, and May 24, 1989 as Instrument No. 168324, Official Records. DIVISION X That portion of the North 200.00 feet of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in City of La Qulnta, County of Riverside, State of California, according to the official plat thereof, lying Easterly of the present County Highway, as located on August 1, 1951. Except that portion conveyed to the County of Riverside by Quitclaim Deed recorded January 23, 1968 as Instrument No. 6764, Official Records of said County. Division XI: The West half of the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, as shown by United States Government Survey approved September IS, 1.903; Excepting therefrom those portion conveyed to the County of Riverside by deed from A. C. Williams and Margaret H. Williams, recorded December 16, 1930 in Book 867, page 162 of Deeds, records of Riverside County, California, and by deed from Kennedy Bros., a Co -Partnership recorded December 23, 1952 as Instrument No. 54929, of official records of Riverside County, California; Also excepting therefrom that portion conveyed to the United States of American for canal purposes; Also excepting therefrom that portion described as follows: Beginning at a point South O° 21' East, 634.98 feet from the Northwest corner of said Section 9, Thence South 0" 21' East 687.12 feet on said West Section line, to the one - sixteenth corner; Thence North 690 47' 23" East 23.73 feet; Thence North 21 19' 40" West, 687.59 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY 111111111111111111111111111111111111111111111111111111 dsz002.3 f 3aaR Lots A through Q of Tract No. 29894-1, in the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded in Book 305, page(s) 14 through 22 Inclusive, of Maps, in the office of the County Recorder off Riverside County. SAID PROPERTY ABOVE DESCRIBED is also known as The Remainder Parcels of Tract No. 29894-1, In the City of COACHELLA, County of RIVERSIDE, State of California, as per map recorded in Book 305, page(s) 14 through 22 Inclusive, of Maps, In the office of the County Recorder of Riverside County. 11111111111111111111111111111111111111111111111111111 86206 26 of 390R EXHIBIT'B" (INTENTIONALLY OMITTED) 111111111111111111111IINIIIIIIIININ111111111111IIp106/2002 09f 300R 469328.Ra. Easement Agmt. 67991/12396 EXHIBIT "C" DRAINAGE EASEMENT llll 1111111llllll1111 lllllil 11111 as 29a28 08111111111111111111f3aaa 469328.Rc Fa mcnt Agmt. 67991/12396 ® SHEET 1 OF 12 1 �r a'® IPVDEX MAP DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA � �' I �r C�; SHEET 2 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA X;ob 11/695,685 sq. xZo_ 0.13 acr O _\ v� a\P'Q 00^ ,hobrh D� \V D 68 o 5,693 sq. ft. 0.13 acres 7j\\ 67 6 5,828 sq. ft. 0.13 acres S9 6 6 Sys 6,389 sq. ft. 0.15 acres >>2 3 5,70665 sq. ft. 0.13 acres f�W 64 '?�s i o �s� 6,426 sq. ft. o m 0.15 acres /y1 `— DRAINAGE EASEMENT OO 1ry 'v 111111111111111111111111111111111111111111111111111186209300f 300R - - Ea x " I I �r C; SHEET 3 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA DRAINAGE EASEMENT N85'59'32'F_ _ 74.80' r-.=XHIE3IT C SHEET 4OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA R_455' Sp L >> 4 _23: 4 j 6639 .00 N87 05'43"W =1 12'52" G_jjJ�00\ 151 / 18, 625 sq. ft. ft. �^ ��/ 0.43 acres / R=60. 00 L —46. 23 i=44'0g. -L20' 1N. 0 O / cn DRAINAGE EA81 "J I x C ��l R <4j6 ��00 .61 1 `324+ 152 19,365 sq. ft. 0.44 acres tiU. v •• N77,5V 153 17,660 sq. ft. 0.41 acres /l ` NB5I28'09 "�y I IIIIII �� II III I IIII IIIIIII II IIIiIIII III IIIII III II es 3 o zs02 of ef 9'31 R i poft 6vNN O 41 U ItE X.HIE3IT C SHEET 5OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-COP 1 AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA N76:5 3 °� 15 .00, �y �GPQ�� 37 P LOT M 10, 0 606 sq. ft. 90,521 sq. ft. 0 0.24 acres 2.08 acres -o 0 00 _ N'1 �5 50 00 c� / `j C14 36 10,889 sq. ft. 0.25 acres � o �`roF�o 35 10,194 sq. ft. ' 0.23 acres 1�2 0�0 S 00 DRAINAGE EASEMENT J v 0 3 />- o 0 10,248 sq. ft. 0.24 acres R=20.5.00 L=107.74 „ ,n=3o, 06' 1) A II 11 11 M NGS1 66/ 29J33 o C 53 eP - __ _- EE;0C"I 0 i C SHEET a OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA R=1 90.00 L=110.48� =33 18'57 0 oRx-4E GLl�O \ q'22 00 22 R/2961D/�, qA (fir �� •� ♦ Off' � 'V s .ems ,r%y /nnNAGE EASEMENT C" \o /- R=201.00 N v' L=42.65 u, � o � d=12'09'32" �+lo C., �I 127.94' NLff49'26"E -R=201.00 L=19.74 4=5'37'37" 200 12,438 sq. ft. 0.29 acres t�gA'3/ 207 14,016 sq. ft. 0.32 acres _ -. 100 IH X. " I I �r C� SHEET. 7 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA ,vs� - - - - — --- - -- _ <y 0 J0��9 � �JjA)SO R 24g •0091 _ 211 R�?69 QC?73'44 30.43' S N 833 57' �65 Ift �.?90 d>• �>>6 0 <oJ6?>O ZS,42 08 -- O ? 8VIA PESSARO 1 9pOO212 a 20 23a4,•108 sq. ft.N.30 acres 213 po °°z. 16,477 sq.' ft. �� A� 7SJ �s� 0.38 acres �� K s p� Op, ._ �sJ:ss�1 08 cs, g1' O J� 6 1 Nj6.56,3i 169 C� Q 4' 214Co Co W p a � 0.41 acres N "� 2 j � �� 14736• i DRAINAGE EASEMENT i (o ---. -. -- -_ .._. — -- - - ---- - - - ---... - -- __--L'l---� V' " 0 ® 1 �r SHEET 8 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA N 17,795 sq. ft. rn N z 0.41 acres 2 I R=200.00 150. 0O L-30. 66 N7g 4=8'47'00" `08"w g 9 �� h "0 225 4 20 17,408 sq. ft. `O (� 0.40 acres x = D = - R=195. 00 -0 L=31.39 4= 9 *13'28 "' 150. 75' 1 S8 N88 55'51 "E 3a sssw O D r- cs • o 226 ��.. 17,877 sq. ft. R=45•008 . '46' 0.41 acres 40 6144 227 27,432 sq. ft. 0.63 acres DRAINAGE T ME EASEN\ _ _ ____ _ 11111111111{lllllllllllllllll111hilill1111NIIl111111106��36 f 3B� >< " 11B1 i SHEET 9 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA O N 2 i D r O I 4 � z I D v 07 " 15001 N84'06 47 E z 0 0 � Iv W! O 260 19,369 sq. ft. 0.44 acres — R= 45.00 L=IZ14 oNm 1'49'08" �^ d II JN Q �S 00. ..w � ;25 21,982 0.50 c 111111loll11111111111111111111111111111111111111111 a� 9e17 of 53Bon XHIE31�r C; SHEET 10OF DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 0000 L�0.0 R-150.004�4.24'41 " cn L17 2lVIA DONA ti SA RO Np L2 VIA 00 , . 06 - 41 ., �L-;r;60.tr 24 .Z450. 00 0 �\�� 0 1 34 4-73 3P'04" 0 �3SS6 2 40' '54'17„ SAJ k/ 21,160 0.49 72 16,714 sq. ft. 4 sq, ft. z �� 0.38 acres acres z �o, a IN Cu 105.70' N83.28'43 E N63�o j, 7? ) '32j 9R 4g.1�Y �� NI DRAINAGE EASEMENT x I . I III I I��III IIIII �II� IIIIII III�IIII I�I III�I IIII III 861 �38 of 3BeR 1131�r C� SHEET 11OF12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA � N rn \ Z cT 152-15 N'S'3in�C � w o � 1 286 a c74 , 15,978 sq. ft. ro 0.37 acres � 11 �n Quo � fr., F F R y� C 73 a `D o R -S 8g k`c 0 28'7 16,876 sq. ft. o 0.39 acres �b h 288 x 17,017 sq. ft. ^i ^ 0.39 acres R=195y LOT OE" DRAINAGE EASEMENT - - 1111111111111111111111111111111111111111111111111111 �, 39 f 386A ■ ■ I ' �r C� SHEET 12 OF 12 DRAINAGE EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 1 60,900 sq. ft. 1.401 acres _O i I g W i m Q > R-50' j h 6 6 L=4�'421 ,6�4 �o 0 0 O) ? �aryC'b D 326 to 17,902 sq. ft. NI0.41 acres o O 2 I� R ;0 g 2� s m 150.00, N86'33'32"E 328 12, 734 sq. ft. 6.29 acres 150.00' N86" 327 17,194 sq. ft. 0.39 acres N8833 320E rr.vrmr,vu �� IIIIIIIIIIIIIIIIIIII9IIIIIIIIIIIIIIIIII IIIIIIIIIIII IIII 6 6 9 41)9of BG6BB3�8� EXHIBIT "D" MAP OF CERTAIN EASEMENTS [ATTACHED] I 1{u1 1 1 2WI-299661 l IIIIII I��III II I'�itl�Ilil�l�II III�1'��III III�I 9�i/29/B III I'll 43 53 469328.Rm Easement Agmt. 67991/12396 SHEET 1 of I E3 i T ID INDEX MAP 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMikNTS TO ACCOMPANY RECIPRaCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i It AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA SHEET 3 SHEET 8 4 SHEET 6 7 SHEET 8 8HEET 71 H I INIlN11111111111111111111111111111111106 29042eof 5300fl rD N U E >C H I IB I T ® SHEET 2 OF 12 SRTESOARLACEPATH EAEACTO ACCMPWY RECIPdCACS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i i i AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA � 36 �F 7I 'c 5, 500 sq. ft. 0.13 acres Jk >>\ 73 p0 cj� 5,500 sq, f gip; A 0.13 acres (( �- OOS: \ 5,500 sq. ft. 2 a 13 acres 0� h� 5,500 sq. f �p A0.13 acres 70 o �s F 5,500 sq. ft.�" 0.13 acres 69 5,685 sq. ft. Zfj 0.13 acres �.•��/ /Nb 0.1,6 0 1, .auv h 16 p h� 5,500 sq. ft. gyp; 20.13 acres 5,500 sq. ft. . 0.13 acres Q� ` IRRIGATION and UTILITY EASEMENT Illllllllllllllllllll1111111IIIflllll IIIIIIIII 00III IN � z4e of0 3GOA lE >< " 1 13' `11117 ® SHEET S OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMI`NTS TO ACCOMPANY RECIPR6CAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, ! ! AT COUNTRY CLUB OF THE DESERT, LA QU1NTA, CA LOT B 73,337 sq. ft. 1.68 acres OT N89'06'59 "E 1089.87' 1089.87' N89'06'59"E VIA SAVONA 60.00' 60.00' 60.00 60.00' 60.00' 9"E N89-06'59"E N89-06'59"E N8906'59"E N8906'59"E �N89'06'59" io'l z 102 a 103 0 104 0 105 z 106 o q. ft.�(, c; o� 0 9,000 s ft.'C'4 o C; ' 9 000 sq. ft�(, o C i 0 9,000 sq. ft.ic., cri c)9,000 o g 000 sq. ft.jU o 0 9,000 sq. f res CT 0 0.21 acres o 0 0.21 acres c 0 0.21 acres 0 0.21 acres 0.21 acres 0' 60.00' 60.00' 60.00' 60.00' 60.00' __,._ .,,.,..,.,..-,. .on•nc'cn"� n,ao•n�'Fo"F AIRQ'n 59'F 'N89'06'59" �'j?4® IIr \ I IIIII IIIIII (iI IIII IIII � II IIII III III IIIII III IIII 66123.12001 cps 66A 1 / 1, IRRIGATION and UTILITY EASEMENT VEXHIE3IT E> SHEET 4OF12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMikNTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LI-■ AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA R _�36.63 `_ A— 39 08'28' ,V7g3y�00 N7q b9 SI 2 137 rl� N.7q \ a 22,009 sq. R. o wo11. ��• N. 0.51 acres v o, 136 F 18,578 sq. R. \ 0.43 acres Z o 136o� e .6o0O O� q 135 24.315 sq. R. : 1 - 0.56 arm 10-42' 17,527 sqtt h 0 0.40 acres i( O qO �/ JIlB 0 / 4 i VIA PORTOFINO LOT K u??v350. uu 1=104 0139 rt�50. 0T,131 i „ „8g.45 R-so00 L q28'48'J7 72 p=:19298 sq. R.0.44 " acres14o m o 1n1 18.3f0 sq. /t. 10 ^ 14417 sq. tt.0.42 acres ya42 acres R.s J-3 47' nI (, T ) )1v1 — UTILITY EASEMENT F IDSI{ 191111 IIIII IIII 11111111111111111111 Hill III III as 2 458 f 53NeP / V 4 " I 1 T ® 814EET 5 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMILNTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, i i i_ AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 6726' R 200. 00 R==2p0 g9 N�_08'42„w L=44.23 L d=12' 40'1 361.73' /V63-08'42 "1y _ N83 08'42..w 146 17,188 sq. ft. 0.39 acres 15.35' `1 H C5j R�210.00 R :210 d ==24 • js0 ', LOT K 106,769 sq. ft. \_ 2.45 acres L 8 u. 00 - a use o 10" 147 16,871 sq. ft. 0.39 acres s•� IIIIII IIIIII IIIII IIII IIIIIII II III\IIII III IIIIII III IN06?001-288681 468 f 38BR Z--UTILITY EASEMENT R=300.00 L=92.14 =1 7" 35'50" 148 19,809 sq. ft. 0.45 acres E: X" I IB I T ® SHEET 6 OF 12 WATER SEWER, IRRIGATION, UTILITIES and EASEMikNTS TO ACCOMPANY RECIPROCAL CART PATH ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA PROPERTIES, LLC N H a z E 0� .,E 1.22 23,104 sq. ft. 0.53 acres 123 18, 952 sq. ft. 0.44 acres '— cc 01 O 20,417 sq. ft. 0.47 acres 14ri N6-5 ft. 1 �2 60 V IRRIGATION and UTILI EASEMENT 2� ' Q 0�0.0 L 5 8 I IIII►I Nlf1II II II IIII IIII II I IIIIIIII III 111111111 IN 06 200470f 30BP o °0 s . 82 g6.15., 1 C 00 " I ®' T ED SHEET 7 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, 11, AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 17,660 sq. ft. 0.41 acres ^� � 156 Cc ^�.a� ^� ,• h f ^ h/ 15,880 sq. ,<v 0.36 acn N85 28'09 "W 154.82' h !ti N85N85 8 1,54 17,087 sq. ft. /�-N 1,55 0.39 acres /' ,h �ry a� 17,059 sq. ft, 0 0.39 acres 155,J4' N8528"09'"W �--- 155.34' =1 N85 28'09 ""� y �-- �' 2061-299691 B6/29/48eof 53 E >C " I E3 I Tr E> SHEET 8 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMikNTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, ! i a AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA 3.74 acres 62•� 29. R�sBs �sas 8 S ° < R,s> 38.E , 391 L , .00 o 8'15r,., 17,702 244 7. ft. 0.41 acres LOT _r.. 245 17,344 sq. ft. 0.40 acres IT, II 246 20,395 sq. ft. \ 0.47 acres IjL UTILITY EASEMENT _ II�II �'IIII IIIII �I'I IIII I� II �II�II�I III I��III III I II 0 06 29 1BBR 49 of 3 a fl r cPo o ry0y .XHOE3'i ® SHEET 9OF12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMikNTS TO ACCOMPANY RECIPRdCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, i ! a_ AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA m Dry II it !I � W N W � mmQ W�� m • cn cn mNO IN p0 m 0 s �0 e_ A e O Ny 7 H w w F a z o " 2 _`O.O0, N8p p929„w I W � N 257 z 20,025 sq. ft. CD 0.46 acres rn" D cn a o l o. j s R�.9 -'Vol 258 21,986 sq. ft. 0.50 acres z 0 C �N C C � C L SEWER and WATER EASEMENT L= d=21 ICJ 25 21,982 0.50 c 4 " 0 E3 ' T SHEET 10 OF 12 WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRt5CAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LQLP GOLF PROPERTIES, LLC AT COUNTRY CLUB OF THE DESERT, LA QUINTA, CA d=30 30'0 - L=204.06 C2 07" L=206.45 t2'07" '25.68' N892628"E )ONA 181.2"892628"E E IL40 R O 4g.g 1 Z sq. ft. a rcres fU � I4i• U 10 2' 0 ma's o 117-74 R==429.50 L='23., v\p` P -15. 42 36 R-450.00 L=123 �: _� 5' 42'2 Cl11 o o )DONA R=150.00N kil L=45.04 A=17.12'1VIAti <p :40. 00 4 z 3r32 04" k0 01 3 �S•, ,53'05", VIA R05 P <- vo O 8 W 272 18,724 sq. ft. z r" In 0.43 acres o 0 rn Z INc C � >z o gg I `//G� I ACCESS, IRRIGATION, AND UTILITY EASEMENTI ; 9 2'7 3 16,714 sq. 0.38 acres m 0M mmG � 0 � N Nye 0 � N � m 105.70' ,® 13'7.8'43 E e r lE ;<HIE3I�r ® SHEET 11OF WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPRbCAL ACCESS AGREEMENT BETWEEN NRI-CCP I AND NRI-LOLP GOLF PROPERTIES, L! AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA Z 290 16,193 sq. ft. 152•j5o_ 0.37 acres N75 _3 10"E P a1 i 2 86 C74 150.50" 15,978 sq. ft. D � 486,55"00"E 0.37 acres C73 tA 289 q5 o�j��soo p0 17,301 sq. ft. R=45 81 Nlb 0.40 acres �60 Op QL_49 29 287 0 16,876 sq. ft. 0.39 acres 288 (�b 17,017 sq. ft. '6 ^i ^ 0.39 acres \A96� j O 19 pp N R -1 5..9635, 4-55 3 L oT w H 8EWER and WATER EASEMENT 2 2881 299681 IIII11111111111111111111131111111111"1"I'll,III'll a6,z9,52 oe5em lE X H I IB I �r ® SHEET 12 OF =- WATER SEWER, IRRIGATION, UTILITIES and CART PATH EASEMENTS TO ACCOMPANY RECIPROCAL ACCESS AGREEMENT BETWEEN NRI-CCP i AND NRI-LOLP GOLF PROPERTIES, ! ! AT COUNTRY CLUB OF THE DESERT, LA OUINTA, CA 6'=959.00 L -T O1. 36 R=959 �,, '6 =6' 03 "21 " L =1 00 r -sZ_ a =6 4 4� 45 70.91 acres R_7000 00 zjj 32r"89 p L _ Ll -37• �7�_ ----- --- - -- - - 27" N 0 Cl 04 C 1 O,g cn r 4sO CIO tiso8e� 65.84" Orn_ S9- N88 55'11 "W d ��o o ro v - a O o -- N88 55'11"W 65.84' VI, Jl- Vo _ 65. 84' N88'55'11 "w 307 w-o ©� a 308 '°;� 2 14,137 sq. ft• 15,237 sq. ff. ,tu �u 309 0.32 acres O 0.35 acres o b' o 13, 005 sq.ou I • v o <y 0.30 acres O R;17 91 Z 00 L 109, a• 20 ' 15.12" R=1 191 00 L=109.20 d=5' 15"12" 70.37" H N88'55'1I "W 209 -238681 I IIIII IIIIII IIII IIII IIIIIII II IIIIIIII III illllll 98 11 llll 1i3 f 3Z8NF ' ACCESS, IRRIGATION, 111 AND UTILITY EASEMENT Recording requested by: FIDELITY NATIONAL TITLE/9774075 When recorded, mail to: Prestwick Development, LLC 81-100 Avenue 53 La Quinta, CA 92253 020-056/PTN 772-300-005 5 006 DOCUMENTARY TRANSFER TAX: SEPARATE DECLARATION DOC " 2001-41302SS 10/05/2001 05:90R Fee-38.08 Page 1 of 8 Doa r rar Pald Raoorded In Offlolal Records County of Rlveralde Cary L. Orso A84eaaor, 0—"'Y Clark Rocar'der IIIINII1II1IIIIIIIII111III11111IIIIIIII!I III s u S17E Mw rrgq ,gtCP y,F , A; R E PACE cor` �Dno WUND rcM EYM GRANT DEED 3� (Casitas) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NRI-CCP I, LLC, a Delaware limited liability company ("Grantor"), hereby grants to Prestwick Development, LLC, an Arizona limited liability company ("Grantee's, the parcel of real property located in the City of La Quinta, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and incorporated by reference ("Property"), along with all easements, rights -of -way, strips and gores of land, vaults, streets, passages, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating, or appertaining to the Property. SAVE AND EXCEPT, and there is hereby reserved unto Grantor, all of the mineral, oil, gas and water rights appurtenant to the Property, but without any right of surface entry for extraction thereof. SUBJECT TO: 1. Liens for taxes and assessments not yet due and payable; 2. Reservations and exceptions in any patents from the United States or any patent or deed from the State of California; 3. Building and zoning ordinances and regulations; 4. Covenants, conditions, rights -of -way, easements, restrictions and other matters of record as disclosed by the records of Riverside County, California; 5. Any facts which an inspection or correct survey would disclose; and 6. The reservation of the right of Grantor to create easements burdening the Property for the exclusive use of owners of adjoining property for such purposes as Grantor shall identify when transferring such easements. Dated as of October 5 , 2001. 38840\233448v5 -1- Eyi IN WITNESS WHEREOF, said Grantor has caused its name to be affixed hereto and this instrument to be executed by the authorized agent of Grantor, thereunto duly authorized. GRANTOR: NRI-CCP 1, LLC, a Delaware limited liability company By: NATIONWIDE REALTY INVESTORS, LTD., an Ohio limit bility company, its Managing Member By: Brian J. Ellis, President and Chief Operating Officer By: COUNTRY CLUB PROPERTIES, L.P., a California limited partnership, its Member By: La Quinta Land Partners, LLC, a California limited liability company, its General Partner By: Equity Funding Corporation, a Nevada Corporation, its Managing Member By. - By: /IPr wick Development, LLC, Arizona limited liability company, its Mana i ember By: _ Grant B. Hombea6 , Managi g Member IINIIIIIIIIIIIIIIIIIII I11111111111iIIIliIIlNlllllllll 6e88,a5200on 38M2334480 -2- ACKNOWLEDGMENTS STATE OF II) ss. COUNTY OF �12s�t�lk1 l 1V) On this ;mil 4day of ( T 2001, before me, personally appeared ' NQ J - F-klk,l S-3 , known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. r'90L •'s'`�,� ro ` L'YNN COSTELLO . rdaary Pu011C, State ata iau IL ° My COMMI!iS10f1 E�IreB •, r E STATE OF C�4iGaza ) ss. COUNTY OF Z,.ae e o6 ) Notary Public On this Z9'3 day of 2001, before me, personally appeared G RA"c ->c , known to me (eF preyed ton �n .e to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. AIMEE LYNN 9HLi51M0 Notary Public Caeenlbiien o lyim @MVCwmB0WAd242M4 IIIII �Illii Itllll III IIIII II I IAlilll III I'�I! IPI I�I 2001-485281 i 4r $ 38840\233448v3 -3- STATE OF ss. COUNTYOF kwEasi<x ) On this Z9 t'' day of AAGUs 3 r 2001, before me, personally appeared known to me (ef-pEe�Ine-on-tile buis of satisfacto to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. J NMFf LYtA1 BBL551M0 ',� i 1271M� �** � Notary Public Nq,Canm.r�4��7M.'l� � 1111111111111111111111111111111111111111111111111111111 A e001 e864 of eesaee 38840\233448v3 -4- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY (CASITAS) PARCEL I LOTS 64 THROUGH 84, INCLUSIVE, AND LETTERED LOTS A AND N OF TRACT NO.29894-2, IN THE CITY OF LA. QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 309, PAGE(S) 18 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 OVER LETTERED LOT Q OF TRACT NO.29894-2, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 309, PAGE(S) 18 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; PROVIDED, HOWEVER, THAT THE EASEMENT GRANTED IN THIS PARCEL 2 SHALL EXPIRE AS TO EACH SUCH LETTERED LOT UPON THE CONVEYANCE OF SUCH LETTERED LOT TO COUNTRY CLUB OF THE DESERT OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL :BENEFIT CORPORATION. flllll �� 111111 IIII IIIII �� 1111111111111111111 IN 16 9005 o860 6RRR 38840V3344W Recording requested by: FIDELITY NATIONAL TITLE 9774076 when recorded, mail to: Prestwick Development, LLC 81-100 Avenue 53 La Quinta, CA 92253 020-056/PTN 772-300-005, 006, 007 PIN 772-300-015, 024, 205 GRANT DEED DOCUMENTARY TRANSFER TAX (Villas - Phase 1) SEPARATE DECLARATION CITY OF LA QUINTA FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NRI-CCP I, LLC, a Delaware limited liability company ("Grantor"), hereby grants to Prestwick Development, LLC, an Arizona limited liability company ("Grantee'), the parcel of real property located in the City of La Quinta, County of Riverside, State of California, more particularly described on Exhibit "A" attached hereto and incorporated by reference ("Property"), along with all easements, rights -of -way, strips and gores of land, vaults, streets, passages, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments, and appurtenances, reversion and reversions, remainder and remainders, whatsoever, in any way belonging, relating, or appertaining to the Property. SAVE AND EXCEPT, and there is hereby reserved unto Grantor, all of the mineral, oil, gas and water rights appurtenant to the Property, but without any right of surface entry for extraction thereof. SUBJECT TO: Liens for taxes and assessments not yet due and payable; 2. Reservations and exceptions in any patents from the United States or any patent or deed from the State of California; 3. Building and zoning ordinances and regulations; 4. Covenants, conditions, rights -of -way, easements, restrictions and other matters of record as disclosed by the records of Riverside County, California; and 5. Any facts which an inspection or correct survey would disclose. 6. The reservation of the right of Grantor to create easements burdening the Property for the exclusive use of owners of adjoining property for such purposes as Grantor shall identify when transferring such easements, Dated as of October 12, 2001. 3884=33531v3 -1- DOC a 2001-49804!S 10/12/2001 08:09A Fee:47.00 Paps 1 of 8 Doc T Tax Paid Recorded in official Records County of Riverside Gary L. Orso Assessor, County Clerk 8 Recorder 111111111111111111111111111111ii1111111111111111111111 ©©� MM M=® ■■�,�■■ii■■■ ■ � ■�■i■ ■■ram [A! IN WITNESS WHEREOF, said Grantor has caused its name to be affixed hereto and this instrument to be executed by the authorized agent of Grantor, thereunto duly authorized. GRANTOR- NRI-CCP I, LLC, a Delaware limited liability company By: NATIONWIA REALTY INVESTORS, LTD., an Ohio lirr/teq liability company, its Managing Member SIGNED IN COUNTERPART By: 1 4 L - Brian J. Elli , President and Chief Operating Officer By: COUNTRY CLUB PROPERTIES, L.P., a California limited partnership, its Member By: La Quinta Land Partners, LLC, a California limited liability company, its General Partner By: Equity Funding Corporation, a Nevada Corporation, its Managing Member By: Jack D. Franks, President By: Prestwick Development, LLC, an Arizona limited liability company, its Managing Member Grant B. Hombeak, Managing Member 111111111111IIII111111111111111111111111111111111111111114s99545a0A 3884OU33531v1 -2- IN WITNESS WHEREOF, said Grantor has caused its name to be affixed hereto and this instrument to be executed by the authorized agent of Grantor, thereunto duly authorized. GRANTOR: NRI-CCP I, LLC, a Delaware limited liability company By: NATIONWIDE REALTY INVESTORS, LTD., an Ohio limited liability company, its Managing Member 0 Brian J. Ellis, President and Chief Operating Officer By: COUNTRY CLUB PROPERTIES, L.P., a California limited partnership, its Member SIGNED IN COUNTERPART By: La Quinta Land Partners, LLC, a California limited liability company, its General Partner By: Equity Funding Corporation, a Nevada Corporation, its Managing Member n D. FranV President By: �twick Development, LLC, Arizona limited liability company, its Managing Member L B _�_ t B. Ho beak, aging Member 111111111111111111111111111111111111111II1111111111,a2003 f 8B500R 38840M353W -2- ACKNOWLEDGMENTS STATEOF DH /O ) ) ss. COUNTYOF ) On this 13 L day of _ w erK,t -e. 2001, before me, personally appeared 1r 1CW .7 FNr ` known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. p1Al v I �l ��11.J J .M1L ! =0 MSF, Notary Public LYNNCOSTELLO - = Notary Public, State at tip `p r o'`MY commission Eviras ti OF � .r STATE OF ) } ss. COUNTY OF ) On this day of 2001, before me, personally appeared known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his 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. Notary Public IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III III IN 1e2004 of eg$eeseea 38840U33531v1 _3. ACKNOWLEDGMENTS STATE OF CiZ, ��,W ) /V )ss. COUNTY OF jpvE,es1o6- ) On this [Zday of --PZ0 13eA?- 2001, before me, personally appeared Z ,e,4A.Fs known to me (erpfwAxt--to-me an _the basis of er:sr * ) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which 'the person acted, executed the instrument. WITNESS my hand and official sea =M��= 2liot7f Notary Public= lltgryplp il.� STATE OF�-f�c } ss. COUNTYOF On this IW day of `� (' i e r. 1�E. rz 2001, before me, personally appeared 11 ov ,� e, c= n lc known to me (otpr9 t�n4c v;,�i�e b idence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. — :..-7 i' mob AL CM �den0 Notary Public _ r. COWnzmw WCmfma�lWNIi IIIIIIIIIIIIIIIIIIIIII�IIIIIIIIII6IIIIIIIIIIIIIIIII l0Z12/ 0$g8500R 38840\233531 v1 -3- GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NUMBER: DATE COMMISSION EXPIRES PLACE OF EXECUTION: DATE: �,�14 FIDELITY NATIONAL TITLE BUILDER SERVICES JEANNE L. CHUZEL 1290179 JANUARY bl, 2005 RIVERSIDE, CA OCTOBER 12, 2001 I IIIIII i�llll IIIIII �IIlI IIIII III IIIIII III �IIII 1111 III ie.2B98 of 8 eoa GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NUMBER: DATE COMMISSION EXPIRES: PLACE OF EXECUTION: DATE: FIDELITY NATIONAL TITLE BUILDER SERVICES AIMEE LYNN BELLISSIMO 1271793 JULY 24, 2004 RIVERSIDE, CA OCTOBER 12, 2001 2001` 0108.9eA EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCELI: LOTS 10 THROUGH 12, INCLUSIVE, 32 THROUGH 60, INCLUSIVE, 85, AND 107 THROUGH 116, INCLUSIVE, AND LETTERED LOT M OF TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 309, PAGE(S) 18 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: A NON-EXCLUSIVE BASEMENT FOR ACCESS, INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 OVER LETTERED LOTS EE, L AND Q OF TRACT NO. 29894-2, IN THE CITY OF LA QUINTA, AS SHOWN BY MAP ON FILE IN BOOK 309, PAGE(S) 18 THROUGH 50, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF RIVERSIDE COUNTY, CALIFORNIA; PROVIDED, HOWEVER, THAT THE EASEMENT GRANTED IN THIS PARCEL 2 SHALL EXPIRE AS TO EACH SUCH LETTERED LOT UPON THE CONVEYANCE OF SUCH LETTERED LOT TO COUNTRY CLUB OF THE DESERT OWNERS ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION. 44 II ``ll 2001-08545 to/ 2120 38840\233531 v1 �4 �I�'llI I�II�IIIIIII II��I I�III�II fllll �Il'I IIII of eeA g8e: WHEN RECORDED MAIL TO: COX, CASTLE & NICHOLSON LLP 19800 MacArthur Boulevard t (? Suite 600 Irvine, California 92612-2435 (� ATTN: D. Scott Turner, Esq. MAIL TAX STATEMENTS TO: NRI-CCP I, LLC 375 North Front Street Columbus, Ohio 43215 Doc U Z001—sez760 12/31/2001 68:00R Fee:33.110 Papa 1 of 10 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clark 1, Recorder 111111111111111111111111111111111111111111111111111111 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ N Computed on the consideration or value of property conveyed; OR Computed on the consideration of value less liens or encumbrances remaining at time of sale Signature of Declarant or Agent determining tax —Firm Name EASEMENT AND ROAD MAINTENANCE AGREEMENT THIS EASEMENT AND ROAD MAINTENANCE AGREEMENT (the "Agreement') is made and entered into onZ)F_GGMOBR Ick 200 1 , by and between NRI-CCP 1, LLC, a Delaware limited liability company ("Developer'°), and Country Club of the Desert Owners Association, a California nonprofit mutual benefit corporation ("Association"), with reference to the following facts: RECITALS A. Developer is the owner of certain real property situated in the City of La Quinta, County of Riverside, California, which Developer is developing as a Common Interest Subdivision pursuant to the Davis -Stirling Common Interest Subdivision Act, to be known as Country Club of the Desert (the "Project') and which consists of, among other things, home sites and a network of roads connecting the home sites to one another and to surrounding roadways, the applicable portion of which is Tract No. 29894-2, as per map thereof recorded on October 1, 2001, in Book 309 Pages 18 through 50 , inclusive, in the office of the Count)' Recorder of Riverside County, California. B. Developer shall grant to the Association, along with the first phase of development covered by a California public report (the "First Phase"), Lots E, F, H, K:, R, S, 3884012333750 CC, FF KK, LL and MM of Tract No. 29894-2, on which roadways are constructed, in order to provide ingress to and egress from the Project for home sites in the First Phase. C. Developer and the Association have determined that the Association, and any and all members, prospective members, officers, directors, managers, agents, employees and contractors of the Association, along with any and all contractors, guests, invitees, licensees and lessees thereof, now or in the future ("Association Members"), may also require access over, under, through and/or across Lots Q AND EE of Tract No. 29894-2 (the "Access Lots"), as depicted on Exhibit "A" attached hereto, which Lots shall have roadways constructed thereon, but the ownership of which Developer is not granting to the Association in conjunction with the sale of the First Phase. D. By this Agreement, Developer desires to grant to the Association, for the benefit of the Association Members, and the Association desires to acquire for the benefit of the Association Members, an easement in, over, under, through and across the Access Lots. By this Agreement, Developer further desires to set forth the use rights of Association Members as well as Developer's intention to maintain the Access Lots during the term of this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Developer and Association agree as follows: AGREEMENT 1. Easement. Developer grants to Association, subject to the terms of this Agreement, an easement in, over, under, through and across the Access Lots. 2. Description. The Easement granted in this Agreement is a non-exclusive easement in gross in favor of the Association. The Easement granted is perpetual, subject to the termination conditions set forth below, and is for the use and benefit of the Association Members. 3. Scope and Purpose. The Easement granted in this Agreement is an easement for roadway, utility, ingress and egress purposes including, without limitation, the following: a) Vehicular and pedestrian access over and across the Access Lots for ingress to and egress from the Project for Association Members; b) The right of ,Association Members, with thirty (30) days written notice to Developer at the address set forth below regarding Notice, to construct, install, use, maintain, after, add to, repair, remove, replace, reinstall and reconstruct electrical, water, sanitary sewer, natural gas, telephone, drainage connections, cable television or any other type of utility line, cable pipeline, conduit or other transmission medium, and any and all other improvements reasonably related to utility purposes ("Utility Improvements") in, over, under, through and across the Access Lots. The scope of the Easement shall be interpreted in a broad manner for the purpose of allowing all activity consistent with use of the Access Lots for roadway, utility, ingress and egress purposes. 2181 652760 III II II I II IIII IIII IIIIII IIII III I III III I2 31:20of 8e son 38840N233375v3 4. Reasonable Use. Any entrance upon or movement across the Access Lots by an Association Member shall he conducted such that it does not damage the Access Lots or any improvements thereon, or unreasonably interfere with the rights of free use and enjoyment of the Access Lots or any improvement located thereon by other Association Members or Developer and its successors, assigns, members, officers, directors, managers, agents, employees, contractors, guests, licensees or invitees (collectively, the "Access lot Owner") or otherwise unreasonably increase the burden on the Access Lots. Association Members shall repair and/or replace any damage they may cause to the Access Lots or any improvement thereon such that it meets the reasonable approval of the Developer. Any Association Member found to be in violation of this paragraph shall be liable for any and all damages at law or in equity associated with or arising under such violation. In addition, no Access lot Owner shall make any use of the Access Lots which shall unreasonably interfere with any Association Member's free use and enjoyment of the Access Lots under this Agreement. Any activity on the part of any Access lot Ownerwhich is reasonably related to the development and sale of any portion of the Project shall not be deemed an unreasonable interference. 5. Term. This Agreement, and the Easement granted hereunder, shall be deemed effective for all purposes as of the date first set forth above, and shall continue in perpetuity. Notwithstanding the foregoing, upon the occurrence of any one of the following, this Agreement and the; Easement granted hereunder, shall be deemed immediately terminated by its own terms and without any further action taken on the part of any party hereto or beneficiary hereunder: a) Any one or all of the Lots which make up the Access Lots shall be conveyed to the Association; or b) Developer and the Association shall enter into a new casement agreement which by its terms (i) specifically terminates this Agreement, or (ii) redefines the rights and obligations of the Association and Developer under this Agreement as to all or any portion of the Access Lots, unless such redefining documentation specifically states that it does not terminate this Agreement. 6. Maintenance of Access Lots. Subject to the Association Members' obligation to repair and/or replace any and all damage they may cause to the Access Lots or any improvement thereon, as set forth above, Developer agrees that it shall maintain, repair and keep in good order and repair the Access Lots. Developer further agrees that during the term of this Agreement, it shall pay any and all costs associated with such maintenance and repair of the Access Lots. Notwithstanding the foregoing, Developer shall have no obligation to maintain, repair and keep in good order and repair the Utility Improvements or to improve the Access Lots from its condition as of the date of this Agreement. 7. Alternative Dispute Resolution, This Paragraph 7 sets forth a mechanism and procedure under which any claim, controversy, breach or dispute arising out of the Easement, the Access Lots or this Agreement, including, without limitation, the interpretation of any term or provision of this Agreement (individually, referred to as a "Dispute", and collectively referred to as "Disputes'), will be resolved in a prompt and expeditious manner. In the event that the parties to any Disputes are unable to resolve all or any Disputes, any such unresolved Disputes shall be heard by a referee pursuant to the provisions of the California Code of Civil Procedure Sections �111111111111ININ11111111111111111111111111111I ,2zeet2 052080H9R 3 of 8 3884(n233'1750 638-645.1, inclusive, and as set forth in this Paragraph 7. All references to a party or to the parties in this Paragraph 7 shall mean a party or parties to a Dispute arising out of the Easements, the Easement Areas or this Agreement. A. Procedure for Appointment. The venue of any proceeding brought under this Paragraph 7 shall be in Riverside County (unless changed by order of the referee). The party seeking to resolve the Disputes shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. At any time after service of the complaint, any party may request the designation of a referee to try the dispute. Thereafter the parties shall use their best efforts to agree upon the selection of a referee. If the parties are unable to agree upon a referee within ten (10) days after a written request to do so by any party, then any party may petition the presiding judge of the Superior Court in which the action is filed or the Superior Court judge to whom the matter has been assigned (the "Judge") to appoint a referee. The person so appointed shall be a retired judge or a lawyer experienced in the subject matter of the dispute. & Appointment of Proposed Referee as Judge Pro Tem. In recognition that (1) these is no action pending as of the date of this Agreement in e which the parties thereto can stipulate to the appointment of a temporary judge, mm (2) there is no statute authorizing such a stipulation in advance of the filing of an o action in the Superior Court, and (3) the appointment of a referee as a temporary judge ("Judge Pro Tem") under Article VI, Section 21 of the California Constitution and California Rules of Court Rule 244, would be preferable to a general reference, in the event of the filing of an action in the Superior Court to resolve all or any Disputes, the parties thereto shall use their best efforts !to stipulate that the proposed referee be appointed as a temporary judge under Article VI, Section 21 of the California Constitution. C. Decision and Jurisdiction of Referee. The referee or Judge Pro Tem shall decide all issues of fact and law submitted by the parties for e decision in the same manner as required for a trial by court, including all law and motion matters, ex parte matters and discovery disputes. The referee or Judge Pro Tem shall try and decide any or all Disputes according to all of the substantive, evidentiary and procedural law of the State of California. When the referee or ® Judge Pro Tem has decided the Disputes, the referee or Judge Pro Tem shall prepare a statement of decision and judgment. The judgment entered by the s Superior Court shall be appealable in the same manner as any other judgment. D. Discovery. Discovery shall be allowed and conducted under the supervision of the referee or Judge Pro Tem pursuant to the provisions of the California Code of Civil Procedure and the California Rules of Court. E. Cooperation. The parties shall diligently cooperate with one another and the person appointed as referee or Judge Pro Tem to resolve each and every Dispute and shalt perform such acts as may be necessary to obtain a 3e8402333750 prompt and expeditious resolution of all such Disputes. If either party refuses to diligently cooperate, and the other party, after first giving notice of its intent to rely on the provisions of this subsection, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, the referee or temporary judge may award such additional expenses and attorneys' fees to the party giving such notice, even if such party is not the prevailing party in the Dispute. F. Allocation of Costs. The costs of the proceeding shall initially be borne equally by the parties to the Dispute, but ultimately such costs shall be bome by the parties as determined by the referee or Judge Pro Tern as an item of recoverable costs. If either party refuses to pay its share of the costs of the proceeding at the time required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee or Judge Pro Tem shall include such costs in his judgment or award. 8. Scverability of Provisions. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction (or any referee or judge pro tern appointed as set forth above) to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. 9. Governing Law and Interpretation. This Agreement shall be governed by and interpreted under and in accordance with the laws of the State of California without regard for any conflicts of laws provisions thereof. This Agreement shall be interpreted as though fully negotiated and drafted by both parties equally. In the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 10. Incorporation of Recitals. The Recitals set forth above are incorporated in this Agreement as though set forth more fully herein. 11. Entire Agreement. This Agreement constitutes the entire agreement between Developer and Association relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Developer and Association. 12. Notice. Any and all notice provided for hereunder shall be deemed received upon the third business day following deposit in the US Mail if addressed to Developer at the following address: NRI-CCP I, Attn: Nancy Aaronson, 81-100 Avenue 53, La Quinta, California 92253, or such other address as Developer may inform the parties hereto in writing. 13. Binding Nature of Agreement. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Developer and Association. IIIIII 111111 IN oil 111111111111111111111111111111111111213112005 of? 68 00aF 38840%2333750 5 IN WITNESS WHEREOF, the parties hereto have executed this Easement and Road Maintenance Agreement as of the date first set forth above. DEVELOPER: NRI-CCP_I, LLC, a Delaware limited liability company By: Nationwide ReaIt Investors, Ltd., an Ohio Hnnited/lia ility company Its: Managing Mobe I � A By, n J. yvv Name: aEllis —� Its: President and Chief Operating Officer ASSOCIATION: Country Club of the Desert Owners Association, a California nonprofit mutual benefit corporation i By: A — Name Brian J. Ellis Its: President 200� II IN 1111111111111111III 111111111111,z 6 of s;aae9R 38840\233375,3 6 STATE OF ""''i'r. 01 U ) ss: COUNTY OF Fyll V y ) Onp,_jq , 2001 before me, the undersigned, a Notary Public in and for said County and State, personally appeared ak 3. fJ6k% j personally known to me (or 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. WITNESS my hand and official seal. SARAH BOON BENNETT lbNry Pob1c, State of ONO ��r,%E O�,,. My Oommlss6n E)9Ims 08.12.00 TTXI �. I Notary Public STATE OF E r6W4 e+h1r > ss: COUNTY OF�� ) On 2001 before me, the undersigned, a}��votar•y'_Public in and for said County and State, personally appeared �y1(� 1/1 (A 7 , personally known to me (or 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. WITNESS my hand and official seal. 3884oV33375v3 s ' s SARAH BOOR BENNETT NOUmute of 81MY Csmtssotmies 02-06 �I�111111111oil i 111111111111111111111111111111111111 t2ze�t7 o`�aQeBOR EXHIBIT "A" TO EASEMENT AND ROAD MAINTENANCE AGREEMENT Depiction of Access Lots See Attached. �IG�IIIII��1111 Jill 11111111111111111111111111111111111111 e52266GGA 38840\2333750 �— NOZt -W 381473 _ L=374.JO , R=57146 ' 0 C _ o c :-• Y U 4F `r � �'' Y _ � P^ ". OJT I m 15 . v tar zg . w U z P N _ � N I x s , 4 � 1 L ❑ Y Im w I 1 \. s - 1 _ 85 D a� a o _. r 89 -� 1 92 92 93 91 u 4 v 103 u II o o ..�.. I U v -, IN 05 Y �:. N # < I _ e 106 4 308 Q _ � � k (\� •' Ito 3 r M .... " a n5 in- - . 4 ti REMAMDM PARCEL 285.37 ROM , -J.t 9y�6f B'1 ZP 1 IIIIII �I�III'll� tlfl III�tI IIIIIII ��I III 1111111111111 12?AB 9e f 10000R _T For Z !1 36'w 3814,73 r ! 91 It v v gy 4' I I I u I N � s - I _ 0 T— N I oQ W Iy/ tlV _ J 'Va,li —�_ 1 v — asllll I �al Z. _ i `� 92 IT M N I o 9 N I 9, all j _ s yp 9 ou n 1 0ul tm 6, 105 nnil j 106 y_ ,n 112 I > om 114113 REFAANDER �• v PARCEL C: 2850 -- 1111111111 IN IN 1111111111111111111111111111111111 Iz, 01,96of 16een RECORDING REQUESTED BY NRI-CCP 1, LLC 375 North Front Street l^ Columbus, Ohio 43215 WHEN RECORDED RETURN TO COX, CASTLE & NICHOLSON LIT 19800 MacArthur Boulevard Suite 600 Irvine, California 92612-2435 ATTN: D. Scott Turner, Esq. DOC " 2001-6327GZ 12/31/2001 0a:00A Fee:2a2.00 Page 1 of 93 Recorded In Official Records County of Riverside Gary L. Orso 11111ii ii111111i1 N 11111111111111111111i 111111i11 iioi '* 110M No ■■■ M-----P-9 IE AREA ABOVE IS RESERV DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS COUNTRY CLUB OF THE DESERT TABLE OF CONTENTS OF DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR COUNTRY CLUB OF THE DESERT ARTICLE I DEFINITIONS 1.1 Annexable Area 1.2 Architectural Review Committee 1.3 Architectural Review Committee Rules 1.4 Articles 1.5 Association 1.6 Association Easement Area 1.7 Association Funds 1.8 Association Property 1.9 Association Property Wall 1.10 Beneficiary 1.11 Board 1.12 Budget 1.13 Bylaws 1.14 Capital Improvement Assessment 1.15 City 1.16 Close of Escrow 1.17 Common Area 1.18 Common Assessment 1.19 Common Expenses 1.20 Cost Center 1.21 County 1.22 Declarant 1.23 Declaration 1.24 Dedicated Common Area 1.25 Deed of Trust 1.26 DRE 1.27 Family 1.28 FHA 1.29 FHLMC ?00R III IIII1IIIIiIl III11IIIIIII 1 IIII 12 3ee1e IIUIIIi9iINIlIIo�IiNII�I jI 2f?3P 38840123580lv5 1.30 First Subdivision 1.31 FNMA 1.32 GNMA 1.33 Golf Club Facilities 1.34 Golf Club Owner 1.35 Improvements 1.36 Local Governmental Agency 1.37 Lot 1.38 Manager 1.39 Member 1.40 Merchant Builder 1.41 Mortgage 1.42 Mortgagee/Mortgagor 1.43 Notice and Hearing 1.44 Owner 1.45 Person 1.46 Phase of Development 1.47 Properties 1.48 Public Property 1.49 Public Report 1.50 Reconstruction Assessment 1.51 Record, Recorded, Recordation 1.52 Reserves 1.53 Residence 1.54 Restrictions 1.55 Rules and Regulations 1.56 Special Assessment 1.57 Supplemental Declaration 1.58 VA ARTICLE II DEVELOPMENT; LAND CLASSIFICATIONS; ANNEXATION 2.1 Interpretation of Declarations 2.2 First Subdivision Land Classification 2.3 Annexation of Annexable Area ARTICLE III COMMON AREA; USES AND RESTRICTIONS 3.1 Owners' Rights of Enjoyment 3.2 Delegation of Use I 111111111111 lilt IN 11111111111111111111111111111111111 12/3113 I N I MR 3884GU358ON5 ii 3.3 Parking and Traffic Control 3.4 Easements for Vehicular Traffic 3.5 Waiver of Use 3.6 Title to the Common Area 3.7 Taxes 3.8 Master Communications Systems Service Easement 3.9 Association Property Wall Easements 3.10 Declarant Easements 3.11 Regular Inspection 3.12 Dust Control and Maintenance Easement ARTICLE IV ASSOCIATION 4.1 Organization 4.2 Membership ARTICLE V FUNCTIONS OF ASSOCIATION 5.1 Permitted Functions 5.2 Powers and Duties 5.3 Rules and Regulations 5.4 Limitations on Authority of Board or Association 5.5 Prohibited Activities 5.6 Limitation on Liability of Officers and Directors ARTICLE VI FUNDS AND ASSESSMENTS 6.1 Obligation 6.2 Collection and Disbursement 6.3 Common Area Damage or Neglect 6.4 Common Assessments 6.5 Commencement of Common Assessments 6.6 Limitations on Common Assessment Increases 6.7 Capital Improvement Assessment 6.8 Exempt Property 6.9 Remedies of the Association 6.10 Notice of Lien 6.11 Foreclosure Sale 6.12 Curing of Default 6.13 Cumulative Remedies 6.14 Mortgage Protection -Liens II�IIII lellll 11I III 111111111111111111111111111111111 IIIII IIIII1I IIIII I1I IIIII II'I IIII `L 23016 e52998:99F 38840\23580Iv5 iii 6.15 Priority of Assessment Lien ARTICLE VII USE RESTRICTIONS 7.1 Residential Use 7.2 Leasing 7.3 Landscaping 7.4 Parking and Vehicular Restrictions 7.5 Antennae 7.6 Insurance, Rates 7.7 No Further Subdivision 7.8 Signs 7.9 Animals 7.10 Nuisances 7.11 Exterior Maintenance and Repair 7.12 Drainage 7.13 Water and Sewer Systems 7.14 No Hazardous Activities 7.15 Unsightly Articles 7.16 Temporary Prefabricated Structures/Dumpsters 7.17 No Mining or Drilling 7.18 Improvements and Alterations 7.19 Solar Heating Systems 7.20 Views 7.21 Rights of Handicapped 7.22 Party Walls 7.23 Damage to Residences -Reconstruction ARTICLE VII ARCHITECTURAL CONTROL 8.1 Members of Architectural Review Committee 8.2 Rights of Appointment 8.3 Review of Construction Activities 8.4 Applications 8.5 Meetings of the Architectural Review Committee 8.6 No Waiver of Future Approvals 8.7 Compensation of Members 8.8 Correction of Defects 8.9 Scope of Review I 8.10 Variances II9IIII�iNIIIIIIIIII1111111111111111111111111111111111 1U31.12 07 68 C00R 38840\23580lv5 iv 8.11 Pre -Approvals 8.12 Appeals ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA 9.1 Damages by Owners 9.2 Repair of Damages 9.3 Condemnation 9.4 Notice to Owners and Listed Mortgagees ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION 10.1 Interest of Declarant 10.2 Exemptions 10.3 Easement Relocation 10.4 Entry Gate: Operations ARTICLE XI INSURANCE 11.1 Casualty Insurance 112 Insurance Obligations of Owners 11.3 Waiver of Subrogation 11.4 Liability and Other Insurance 11.5 Notice of Expiration Requirements ARTICLE XII GOLF CLUB FACILITIES 12.1 General 12.2 Reservation 12.3 Golf Course Liabilities ARTICLE XIII MISCELLANEOUS 13.1 Term and' Termination 13.2 Amendments 13.3 Notification of Sale of Lot; Transfer Fee 13.4 Mortgagee Protection -General 13.5 Notices 13.6 Enforcement and Non -Waiver 13.7 Interpretation 13.8 Reservation of Easements 13.9 No Public Right of Dedication 13.10 Disclosures 2001 652762 1111111111111111111111111111111111111111111111111111 l2/31/6 01 n* 0E.9aA 38840\235801v5 y 13.11 No Representations or Warranties 13.12 Standard of Care, Non -liability 13.13 Enforcement of Certain Bonded Obligations 13.14 Priorities and Inconsistencies 13.15 Dispute Resolution EXHIBIT "A" DESCRIPTION OF PROPERTY IN FIRST SUBDIVISION EXHIBIT "B" DESCRIPTION OF ASSOCIATION PROPERTY AND ASSOCIATION EASEMENT AREA IN FIRST SUBDIVISION EXHIBIT "C" DESCRIPTION OF ANNEXABLE AREA 2691 652762 IIIIIIIIII1111111Jill I ilIIIIIIIIIIIIIIIi11I11111111�1 t :vzeeE 98 eafl 38840\23580tv5 vi DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR COUNTRY CLUB OF THE DESERT THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ('Declaration") is made by NRI-CCP I, LLC, a Delaware limited liability company ("Declarant'). Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof. PREAMBLE A. Declarant is the owner of certain real property (exclusive of public rights -of -way) in the City of La Quinta, County of Riverside, State of California, described in Exhibit "A" and Exhibit "B" hereto, which property constitutes the First Subdivision. B. All of the Properties will be developed with certain common objectives, and Owners of Lots will have certain common interests. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that all portions of the Properties are both burdened by the provisions of this Declaration for the benefit of the other portions of the Properties, and benefited by the burdens imposed on the other portions of the Properties. C. Declarant has deemed it desirable to create a common interest development pursuant to the Davis -Stirling Common Interest Development Act, including the Association formed under the Nonprofit Public Mutual Benefit Corporation Law of the State of California. The Association is delegated and assigned the powers and functions of (1) owning, maintaining and/or administering the Properties for the use of its Members and authorized guests, (2) administering and enforcing the Restrictions, and (3) collecting and disbursing the assessments and charges hereinafter created. D. All of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding 11111111l IN IN 111111 1111111111111111111111 Iz 300 P a( 93 aaH Y_. nl 0 38840h23580I0 1 upon Declarant, the Merchant Builders, and their successive owners and each Owner and his or her respective successors -in -interest; and (5) may be enforced by Declarant, any Merchant Builder, any Owner or the Association. ARTICLE 1 LTXyCliiL7:6i Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings specified below. 1.1. Annexable Area. The real property described in Exhibit "C", all or any portion of which property may be made subject to this Declaration pursuant to the provisions of Article II herein, below. 1.2. Architectural Review Committee. The architectural and landscaping committee created pursuant to Article Vill herein, below. 1.3. Architectural Review Committee Rules. The Architectural Review Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended. 1.4. Articles. The Articles of Incorporation of the Association, as amended. 1.5. Association. COUNTRY CLUB OF THE DESERT OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation, its successors and assigns. The Association is an "Association" as defined in Section 1351(a) of the California Civil Code. 11.6 Association Easement Area. The area over which the Association has an easement or authorization for the use, care or maintenance thereof, for the common benefit, use and enjoyment of Owners as further provided in Article III of this Declaration. The Association Easement Area includes, without limitation (i) all walls, median strips, slopes, berms, landscaping, parkway areas, sidewalks, and irrigation and drainage systems in public property or public rights -of -way in or near the Properties designated for maintenance by the Association pursuant to (a) this Declaration; (b) any Supplemental Declaration; (c) an agreement between a Local Governmental Agency and Declarant, a Merchant Builder or the Association; or (d) on a Recorded 111111111111 Jill 11111111111111111111111111111111111111 r 1111 af2762 38840\235801v5 2 subdivision or parcel map of the Properties, the maintenance of which is not the responsibility of a state, local or municipal governmental agency or entity (ii) the Association Property Walls as hereafter defined, and (III) areas adjacent to the Properties over which the Association is granted an easement. Without limiting the generality of the foregoing, the easement described in that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Tract 29894-2 recorded on even date herewith in the Office of the County Recorder of Riverside County shall be an Association Easement Area, as well as the view easement burdening Lots C and E of Tract 29894-1 described in that certain Maintenance and Irrigation Agreement and Easement recorded on even date herewith. 1.7 Association Funds. The accounts created for Association receipts and disbursements pursuant to Article VI hereof. 1.8 Association Property. Any Lot or other real property or personal property owned in fee by the Association. 1.9 Association Property Wall. Any wall or fence which (i) separates a Lot from the immediately adjacent Common Area or Public Property, regardless of whether such wall or fence is (a) located on the common property line separating the Common Area or Public: Property from the adjacent Lot, or (b) located wholly or partially within the Common Area, Public Property, or Lot immediately adjacent to such common property line, or (ii) is otherwise designated as an Association Property Wail in any Supplemental Declaration. This term shalt include, without limitation, any wall surrounding a well site owned by the Coachella Valley Water District, whether or not such wall is located on such lot or within Association Property or adjacent to Association Property. Notwithstanding the foregoing, the term Association Property Wall does not include any wall or fence, which is the maintenance responsibility of a Local Governmental Agency or individual Lot Owner(s). Association Property Wall designations pursuant to this Declaration and any Supplemental Declaration, automatically include any Association Property Wall described in (i) above, in the applicable Phase of Development regardless of whether such Association Property Wall is specifically described herein or in the applicable Supplemental Declaration. 1.10. Beneficiary. A Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary. 1.11. Board - The board of directors of the Association elected in accordance with the Association Bylaws and this Declaration. 1111111111111ININ111IIIII1111111111111111111111 1[ IG of a5 a93 3884012358010 1.12. Budget. A written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1.13. Bylaws. The Association's Bylaws adopted or to be adopted by the Board. 1.14. Capital improvement Assessment. A charge against the! Owners and their Lots, representing the Association's costs to install or construct any Improvements on any portion of the Common Area. 1.15. City. The City of La Quinta in the County of Riverside, State of California, and its various departments, divisions, employees and representatives. 1.16. Close of Escrow. The date on which a deed or other such instrument is Recorded conveying a Lot in the Properties pursuant to a transaction for which a Public Report is required, with the exception of (i) deeds between Declarant and (a) any successor to the rights of Declarant hereunder or (b) any Merchant Builder, or (ii) deeds between Merchant Builders. 1.17. Common Area. Common Area is the sum of all Association Property and all Association Easement Areas. Title to all or any portion of the Common Area may be subject to a prior dedication to a Local Governmental Agency. 1.18. Common Assessment. The charge against each Owner and his Lot, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Common Area, which charge shall be leviers among all Owners and their respective Lots, as provided herein. Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in its efforts to collect all assessments (other than Special Assessments) authorized pursuant to this Declaration. Each Lot which is subject to this Declaration shall bear a Common Assessment equal to the Common Expenses divided by the number of Lots then subject to this Declaration. Ilill B11111111IN111111111111111111111111111111III l2�AAI_I reg30eA 38840U3590M 1.19, Common Expenses. Subject to Article VI, the actual and estimated costs of: maintaining, managing, operating, repairing and replacing the Common Area; unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment; managing and administering the Association including, but not limited to, compensation paid by the Association to Managers, accountants, attorneys and other consultants and employees; all utilities, gardening, and other services benefiting the Common Area; maintenance and staffing of controlled access facilities; roving security, management and maintenance of internet website(s) and related facilities; fire, casualty and liability insurance, worker's compensation insurance, and other insurance covering the Common Area; costs of dust control, maintenance of clustered mailbox structures (the mailboxes shall be the responsibility of the applicable Owner); bonding the Association Directors, officers, agents, employees and Manager; taxes paid by the Association; amounts paid by the Association for discharge of any lien or encumbrance levied against the Common Area, or portions thereof, including, without limitation, real property taxes or assessments, if any, levied against the Common Area; all Reserves; and all other items incurred by the Association pursuant to this Declaration. 1.20. Cost Center. One or more Improvements or maintenance areas located on a portion or portions of the Common Area, the maintenance or use of which Improvements or maintenance areas is fully or partially restricted to Owners of certain Lots as specified herein or in one or more Supplemental Declarations, and where the expenses of operating, maintaining and replacing such Improvements or maintenance areas are borne solely or disproportionately by such specified Owners. Cost Centers may be designated in connection with future Phases of Development annexed to the Properties. There are no Cost Centers in the First Subdivision. 1.21. County. The County of Riverside, in the State of California, and its various departments, divisions, employees and representatives. 1.22. Declarant. NRI-CCP I, LLC, its successors, and any other Person to which it assigns any of its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as NRI- CCP I, LLC, may impose in its sole and absolute discretion. As used in this Section, "successor" means any person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise. Declarant is a builder described in California Civil Code Section 1375. No Merchant Builder shall be a Declarant t tell IN 111111111111111111111111111111111 rz 32B 1 eR2 bBf, 38840123580tv5 unless Declarant expressly assigns its rights and delegates its duties as Declarant to such Merchant Builder. 1.23. Declaration. This Declaration of Covenants, Conditions and Restrictions and Reservation of Easements, as may be amended from time to time. 1.24. Dedicated Common Area. Any portion of the Common Area which is subject to an unaccepted offer of dedication to a Local Governmental Agency for public access, use or maintenance. Dedicated Common Area may include parks, trails, other recreational or open space amenities, landscaping areas or other Improvements. Dedicated Common Area specifically excludes Public Property, which is the maintenance responsibility of the Association. Dedicated Common Area shall be maintained and used by the Association and the Owners in the same manner as all other Common Area until the offer of dedication is accepted, whereupon (i) the Dedicated Common Area shall be maintained by the accepting Local Governmental Agency and shall bye available for use by the general public, and (ii) the Dedicated Common Area shall no longer constitute a part of the Common Area. 1.25. Deed of Trust. A Mortgage as further defined herein. 1.26. DRE. The California Department of Real Estate, or such other successor governmental agency of the State of California which administers the sale of subdivided lands pursuant to Sections 11000 et seg., of the California Business and Professions Code, or any similar California statute hereafter enacted. 1.27. Family. (i) A group of natural Persons related to each other by blood or legally related to each other by marriage or adoption, or (ii) a group of natural Persons not all so related who maintain a single common household in a Residence. 1.28. FHA. The Federal Housing Administration of the United States Department of Housing and Urban Development and any department or agency of the United States government which succeeds to the FHA's function of insuring notes secured by Mortgages on residential real estate. 1111 III 111111111111111 III II III Jill 12 2961c 95208�0BA 13 of 9_ 38840Q358010 1.29. FHLMC. The Federal Home Loan Mortgage Corporation created by Title II of the Emergency Home Finance Act of 1970, and its successors. 1.30. First Subdivision. The real property described in Exhibits "A" and "B" to this Declaration. 1.31. FNMA. The Federal National Mortgage Association, a government -sponsored private corporation established pursuant to Title Vill of the Housing and Urban Development Act of 1968, and its successors. 1.32. GNMA. The Government National Mortgage Association administered by the United States Department of Housing and Urban Development, and its successors. 1.33. Golf Club Facilities. The golf courses and related facilities including any golf practice facilities and the clubhouse, which will be part of the private golf club, which is not a part of the Properties or the Common Area, but is located adjacent to the Properties. The Golf Club Facilities shall not be subject to nor encumbered by this Declaration. 1.34. Golf Club Owner. NRI-LQLP Golf Properties, LLC, and its successors and assigns, who from time to time own the Golf Club Facilities, including without limitation, Country Club of the Desert Golf Club. 1,35. Improvements. All structures, landscaping and appurtenances thereto, including but not limited to buildings, outbuildings, walkways, clustered mailbox structures, sprinkler pipes, irrigation systems, storm drainage systems, garages, recreational facilities, roads, driveways, parking areas, fences, screening walls. Retaining walls, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, fire breaks, poles, antennae, signs, exterior air conditioning and water softener fixtures or equipment. 1.36. Local Governmental Agency. The County and City and any other local or municipal governmental entity or agency including, without limitation, any special assessment district, maintenance district or community facilities district. I IIIIII IIIII IIII II I II III I IIII I III I IIII 181111 12 30014 of 9380R 38840V358010 1.37. Lot. Any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon, but excepting any Association Property. 1.38. Manager. A Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as provided herein. 1.39. Member. A person holding a Membership in the Association. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein. 1.40. Merchant Builder. A Person who acquires a portion of the Properties for the purpose of development and resale to the general public, provided, however that the term "Merchant Builder" shall not mean Declarant. 1.41. Mortgage. Any mortgage or deed of trust or other conveyance of a Lot or other portion of the Properties to secure the performance of an obligation, which will be re -conveyed upon the completion of such performance. The term "Deed of Trust' or "Trust Deed" is synonymous with the term "Mortgage". 1.42. Mortgagee/Mortgagor. A Person to whom a Mortgage is made including the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages his or her property to another and including the Trustor under a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term "Beneficiary" is synonymous with the tens Mortgagee" 1.43. Notice and Hearing. Written notice and a hearing before the Board or the Architectural Review Committee, as applicable, as further provided herein or in the Bylaws. 1.44. Owner. A Person or Persons, including Declarant and Merchant Builders, holding a fee simple or long-term ground leasehold interest of Record to a Lot. The term "Owner' includes a seller under an executory �IIIII 0 11111 O111IN911101Inloll�11111IIII11111111 rz 015 a eeR 93 38840\2358010 contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term of ten (10) or more years. 1.45. Person. A natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property. 1.46. Phase of Development. (i) The First Subdivision, (ii) any portion of the Properties covered by a Supplemental Declaration for which a Public Report has been issued by the DRE, unless otherwise defined in such Supplemental Declaration, (iii) any portion of the Properties designated as a Phase of Development in a Recorded Supplemental Declaration (including all amendments thereto) governing such property, or (iv) if no Public Report is issued and there is no Phase of Development designation in the Supplemental Declaration for a portion of the Properties, then all of the real property annexed pursuant to that Supplemental Declaration shall be a Phase of Development. 1.47. Properties. The First Subdivision, together with portions of the Annexable Area which are annexed to the property which is subject to this Declaration pursuant to Article II hereof. The Properties are a "common interest development" as defined in Section 1351(c) of the California Civil Code. 1.48. Public Property. All walls, median strips, slopes, berms, landscaping, equestrian trails, sidewalks and irrigation and drainage systems on public property designated for maintenance by a Local Government Agency pursuant to this Declaration, any Supplemental Declarations, any agreement or Recorded map. 1.49. Public Report. A, Final Subdivision Public Report issued by DRE in compliance with Sections 11000 Et Seq. of the California Business and Professions Code, or any similar California statute hereafter enacted. 1,50. Reconstruction Assessment. A charge against each Owner and such Owner's Lot, representing a portion of the Association's cost to reconstruct any Improvements on the Common Area, pursuant to the provisions of this Declaration. 1.51. Record, Recorded, Recordation. The recordation or filing of any document in the Office of the Riverside County Recorder. 1111111111111111 IN IIII111111111111111111111111111111 IN rz 20916 �f 93 OH 38840\235801v5 1.52. Reserves. Those Common Expenses for which Association funds are set aside pursuant to Article VI of this Declaration and Section 1365.5 of the California Civil Code for funding the periodic surface refurbishment, maintaining, repairing and replacing of the major components of the Common Area which would net reasonably be expected to recur on an annual or less frequent basis. Reserves shall be determined annually by the Board pursuant to maintenance cost guidelines established in accordance with prudent property management practices generally applied for "common interest developments" (as defined in Section 1351(c) of the California Civil Code) throughout the County. 1.53. Residence. A dwelling intended for use and occupancy by a single Family and located on a Lot. 1.54. Restrictions. This Declaration, the Supplemental Declarations, the Articles, the Bylaws, the Architectural Review Committee Rules, the Rules and Regulations and the Association Guidelines. 1.55. Rules and Regulations. The rules and regulations adopted by the Board as provided herein. 1.56. Special Assessment. A charge against each Lot levied by the Association, calculated in the same manner as Common Assessments, in the event the collected Common Assessments are inadequate to meet the Common Expenses of the Association, plus interest and other charges on such Special Assessment as provided for in this Declaration. Special Assessment shall also refer to a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration. 1.57. Supplemental Declaration. Any declaration of covenants, conditions and restrictions and reservation of easements or similar document adding real property to the Properties or supplementing this Declaration which may be Recorded pursuant to Article II of this Declaration. �IIIIIIilllllllllllllllllllllllllllllllllllllllllllllll uz2001I? of 82eer, 38840\23580lv5 10 1.58. VA. The Department of Veterans Affairs of the United States of America and any department or agency of the United States government which succeeds to VA's function of issuing guarantees of notes secured by Mortgages on residential real estate. ARTICLE 11 DEVELOPMENT; LAND CLASSIFICATION; ANNEXATION 2.1 Interpretation of Declaration. As each Phase of Development is developed, Declarant or Declarant and a Merchant Builder may, with respect thereto, Record one (1) or more Supplemental Declarations which incorporate this Declaration by reference, which shall use classifications for the Phase of Development, and which may supplement this Declaration with such additional covenants, conditions, restrictions and land uses as Declarant may deem appropriate for the real property being annexed thereby ("Annexed Territory'). The provisions of any Supplemental Declaration may impose on the Annexed Territory such additional or more restrictive conditions, covenants, restrictions, land uses and limitations as Declarant or a Merchant Builder may deem advisable, taking into account the particularly requirements of the Annexed Territory; and any such conditions shall not be deemed to constitute a conflict with the provisions of this Declaration to the extent they can reasonably be interpreted to be consistent. If there is any conflict between and Supplemental Declaration and the Declaration, the provisions of the Supplemental Declaration shall control with respect to the Annexed Territory described in such Supplemental Declaration, although such documents shall be construed to be consistent with one another to the extent possible 2.2 First Subdivision Land Classification. 2.2.1 Lots. The portion of the First Subdivision described in Exhibit "A" are Lots on which residential Improvements will be constructed. 2.2.2 Common Area. The portion of the First Subdivision, if any, described in Exhibit "B" is classified as Common Area. Common Area designations pursuant to this Declaration and any Supplemental Declaration automatically include any Association Property Wall in the applicable Phase of Development, regardless of whether such Association Property Wall is specifically described in Exhibit "B" or the applicable Supplemental Declaration. 111111111111 IN IN 111111111111111111 III 111111 III1111 Iz ZaoI18 o£a9309R 38W\2358010 11 2.3 Annexation of Annexable Area. 2.3.1 Timing. Declarant and Merchant Builders may, but shall not be required to, at any time or from time to time, add to the Properties covered by this Declaration all or any portion of the Annexable Area by Recording a Supplemental Declaration with respect to the Annexed Territory covered thereby. Annexable Area may be added to the Properties without limitation as to time and without the approval of the Owners or the Association. Any proposed addition to the Properties of real property not located in the Annexable Area ("Other Area") shall require the approval of Members representing at least two thirds (2/3) of the voting power of the Association. 2.3.2 Declaration Coverage. Upon Recording a Supplemental Declaration, the covenants, conditions and restrictions contained in this Declaration shall apply to the Annexed Territory in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the Properties, subject to the provisions of the applicable Supplemental Declaration; and thereafter the rights, privileges, duties and liabilities of the Declarant and/or Merchant Builder with respect to the Annexed Territory shall be the same as with respect to the First Subdivision; and, within the Annexed Territory shall be the same as in the case of the Lots originally affected by this Declaration, subject to the provisions of the applicable Supplemental Declaration. 2.3.3 Supplemental Declaration Content. The Supplemental Declaration annexing Annexed Territory shall contain at least the following provisions: (i) Declaration Reference. A reference to this Declaration, which reference shall state the date of Recordation hereof and the Instrument number or other relevant Recording data of the County Recorder's office; (ii) Extension of Comprehensive Plan. A statement that the provisions of this Declaration shall apply to the Annexed Territory as set forth therein; (iii) Description. A description of the Annexed Territory, including any Common Area and Public Property; and (iv) Land Classification. The land classifications of the Annexed Territory. 2.3.4 Approval of Annexation. Each Supplemental Declaration shall be signed by Declarant and by each Record owner of the Annexed Territory. For any annexation of Other Area, each 11111111111111111 IN 111111111111111111111111111111111 12 �0119762 0 209390fl 38840\235801 v5 12 Supplemental Declaration must be signed by the Record owner of the Annexed Territory and by an officer of the Association, certifying that the approval of the requisite percentage of Members has been obtained. 2.3.5 Phasing; Amendments. A Supplemental Declaration may cover one (1) or more Phases of Development, as designated in such Supplemental Declaration. A Supplemental Declaration which specifies that the Annexed Territory shall comprise a single Phase of Development may be amended prior to the commencement of Common Assessments within the Annexed Territory by an amendment to such Supplemental Declaration executed by all parties required to sign the Supplemental Declaration and thereafter Recorded, which amendment (i) species that the Annexed Territory shall comprise more than one (1) Phase of Development and identifies each such Phase of Development within the Annexed Territory, and (ii) identifies which portions of the Common Area, if any, described in the previously Recorded Supplemental Declaration are to be included in each such designated Phase of Development. 2.3.6 Deannexation and Amendment. With respect to a Phase of Development or any part thereof, which is owed by Declarant (other than Public Property and Dedicated Common Area), Declarant may unilaterally amend a Supplemental Declaration or delete all or a portion of such Phase of Development from coverage of this Declaration and the jurisdiction of the Association. With respect to a Phase of Development or any part thereof which is owed by a Merchant Builder (other than Public Property and Dedicated Common Area), such Merchant Builder, with the express consent of Declarant, may amend a Supplemental Declaration or delete all or a portion of such Phase of Development from coverage of this Declaration and the jurisdiction of the Association. The foregoing rights of Declarant and/or a Merchant Builder to de -annex are subject to the following requirements: (1) a Notice of Deletion of Territory or an amendment to the Supplemental Declaration, as applicable, is Recorded in the same manner as the applicable Supplemental Declaration, (2) no Class A or Class B Association vote has been exercised with respect to any portion of such Phase of Development, (3) Common Assessments have not yet commenced with respect to any portion of such Phase of Development, (4) there has been no Close of Escrow for the sale of any Lot in such Phase of Development, (5) the Association has not made any expenditures or incurred any obligations with respect to any portion of such Phase of Development, and (6) if such Phase of Development consists of area as to which VA or FHA has issued a "project approval' (i.e. has agreed to guarantee or insure loans secured by Mortgages on Lots located in such Phase of Development), VA, FHA or both, as applicable, have approved such deannexation or amendment. Notwithstanding the foregoing, Declarant may also unilaterally amend a Supplemental Declaration as provided in Section 12.2.1 hereof. IIIIIIIIII�II III II II�II)IIII'llIINIIIIIIIIIIIIIIN 12Z9At200 f 93e0R 38840�23580M 13 ARTICLE III COMMON AREA; USES AND RESTRICTIONS 3.1 Owners' Rights of Enjoyment. Every Owner and, to the extent permitted by such Owner pursuant to the Restrictions, such Owner's Family, guests, invitees, lessees, and contract purchasers who resided in such Owner's Lot ("Owner Representatives"), shall have a right of ingress and egress and of enjoyment in, to and over the Association Property which shall be appurtenant to and shall pass with title to every Lot, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than Public Property) and the following provisions: 3.1.1 Additional Common Area. The right of Declarant or any Merchant Builder to designate additional Common Area pursuant to the terms of Article 11 hereof. 3.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Common Area and any recreational and other facilities located thereon, including, but not limited to, the right and obligation of the Association to enforce all parking restrictions for parking areas within the Common Area as set forth in Section 3.3 below. 3.1.3 Guests. The Association's right to reasonably limit the number of guests of Owners using the Common Area and any facilities thereon. The Rules and Regulations may specify a maximum number of guests which an Owner may admit to the Common Area recreational facilities at one time without first obtaining the Association's prior written authorization. The Rules and Regulations may also require a deposit or other arrangements before Owners may use the Common Area facilities for such large groups of guests. 3.1.4 Fees. The Association's right to charge reasonable admission and other tees for the use of any facilities situated upon the Common Area. 3.1.5 Suspension of Rights. The Association's right to suspend the Membership rights and other rights and easements of any Owner and such Owner's Owner Representatives to use the Common Area and the facilities and Improvements located thereon, for any period during which any assessment against such Owner's Lot remains unpaid and delinquent; and for a period not to exceed thirty (30) days for any non -continuing infraction of the Rules and Regulations of the Association as more fully provided in the Bylaws. Any suspension of Membership rights or right to use any Common Area facilities (i) shall be made only by the Board, after Notice and Hearing, and (ii) shall not limit or preclude pedestrian or vehicular access to such Owner's Lot. z00 111111111111111111111111111111111111111111111111111111 215272 f 9008 3 38840123580lv5 14 3.1.6 Common Area Transfers. The Association's rights set forth in Section 5.2.4 of this Declaration and Declarant's rights set forth in Article X hereof. 3.1.7 Use By Declarant and Merchant Builders. The right of Declarant and Merchant Builders (and their employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Common Area, for the benefit of Declarant or the Merchant Builders of the Annexable Area or any combination thereof, to complete the construction of any landscaping, utilities or other Improvements to be installed thereon, as well as the right to nonexclusive use of the Association Property and the facilities thereof, without charge, for sales, display, access, ingress, egress, exhibition and occasional special events for promotional purposes, which right Declarant hereby reserves; provided, however, that such use rights shall terminate on the earlier of (i) the expiration of twenty (20) years after the first Close of Escrow for a Lot in the Properties, or (H) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties and all of the Annexable Area has been added to the Properties. Such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein. 3.1.8 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Area, in accordance with the Association Guidelines, the Architectural Review Committee Rules and the original design, finish or standard of construction of such Improvement or of the other Improvements within any Phase of Development. 3.1.9 Maintenance. The Association's right to maintain and repair and replace the Common Area and all Improvements located thereon. 3,1.10 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to slopes and other sensitive landscaped areas, maintenance facilities, open space areas and similar areas of the Common Area. In addition, in the Supplemental Declaration, Declarant may designate exclusive use areas within the Association Property for the exclusive use or maintenance by one or more Owners, and Declarant hereby reserves a perpetual easement burdening each Lot of the Association Property for such purposes, together with the right to assign such easement to one or more Merchant Builders. The Association shall have exclusive control over all of the Common Area except for Public Property and any exclusive use or maintenance area designated in a Supplemental Declaration or pursuant to Section 5.2.4 below. 11111111111111111IN11111111111111111111111111111111111220022 *e93 38840�2358010 15 3.2 Delegation of Use. The Owner of a Lot may delegate, in accordance with the Restrictions, the Owner's right of enjoyment of the Common Area and facilities to the Owner's Owner Representatives who occupy the Owner's Lot, subject to reasonable regulation by the Board. An Owner who does not reside in his Residence and who has delegated his right of enjoyment of the Common Area to a tenant or contract purchaser who occupies the Residence shall not be entitled to the use and enjoyment of any recreational facilities located on the Common Area during the term of such delegation. 3.3 Parking and Traffic Control. Temporary guest is permitted within the Common Area only within spaces and areas clearly marked for such purpose. The Association, through the Board, is empowered to establish "parking" and restricted "guest parking " and "no parking" areas within the Common Area in accordance with Section 22658 and 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce theses parking limitations through its officers and agents by all means lawful for such enforcement on public streets, including the removal of any violating vehicle. The Board is also authorized and empowered to request that the City or other applicable agency enforce the California Vehicle Code on any private streets within the Properties, if any, including any Common Area private streets, pursuant to applicable ordinances and provisions of the California Vehicle Code permitting governmental enforcement thereof. 3.4 Easements for Vehicular Traffic. In addition to the general easements for use of the Common Area reserved herein, Declarant hereby reserves to itself, to all future Owners within the Properties, and to every Owner and their respective Owner Representative nonexclusive easements appurtenant to each Lot in the Properties for vehicular and pedestrian traffic over any and all private streets and walkways, if any, within the Common Area, subject to the Restrictions. Declarant, on behalf of itself and all Merchant Builders, reserves the right to grant similar easements to owners of property in the Annexable Area whether or not annexed to the Properties. 3.5 Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Common Area or any facilities thereon or by abandonment of his Lot or any other property in the Properties. �IIIIIIIIIIIIJill 111111111111111111111111IIIIIIN , 1111-652762 38840Q358010 16 3.6 Title to the Common Area. 3.6.1 Transfer. As each Phase of Development is developed by Declarant or a Merchant Builder, Declarant or such Merchant Builder, as applicable, will convey or cause to be conveyed to the Association, in fee simple or by easement, the Common Area (excluding Public Property) in such Phase of Development designated by Declarant in its sole discretion, free and clear of any and all monetary encumbrances and liens (other than nondelinquent taxes and assessments), subject to reservations, easements, covenants, and conditions then of record, including those set forth in this Declaration, or as contained in the deed conveying such Common Area. Such conveyance shall either be completed before the first Close of Escrow for a Lot in such Phase of Development, or completed and/or conveyed to the Association after the first Close of Escrow in accordance with the requirements of the DRE. No Owner shall interfere with the exercise by the Association of its rights hereunder or its easement for maintenance over Common Area which is owned in fee by such Owner. 3.6.2 Commencement of Maintenance. Notwithstanding any conveyance of Common Area to the Association, the Association's responsibility to maintain the Common Area located in any Phase of Development shall begin on the commencement of Common Assessments in such Phase of Development; except that, if such Phase of Development consists of only Common Area, the Association's maintenance responsibility therefor shall commence on the first day of the month immediately following the month in which the deed or easement is Recorded conveying such property or easement to the Association. Notwithstanding the prior sentence, the conveyance of an easement to the Association, including without limitation, the conveyance of an easement burdening the road lots described in that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Tract 29894-2 and recorded on even date herewith in the Office of the County Recorder of Riverside County, shall not result in the commencement of the Association's maintenance responsibility if the easement expressly provides that the owner of the burdened property shall be responsible for maintenance of the easement area. Prior to the commencement of the Association's maintenance responsibility, such maintenance shall be the responsibility of Declarant or the Merchant Builder, as applicable, depending on whether such Phase of Development is being developed by Declarant or a Merchant Builder. Notwithstanding the foregoing, if the contractors or subcontractors of Declarant or a Merchant Builder are contractually obligated to maintain the landscaping or ether Improvements on the Common Area, the Association shall not interfere with the performance of such warranty or other contractual maintenance obligations. Such maintenance performed by the contractors or subcontractors of Declarant or Merchant Builders shall not postpone the commencement of Common Assessments pursuant to this Declaration nor entitle an Owner to claim any offset or reduction in the amount of such assessments. If the Dedicated Common Area or any other portion of the Common Area is dedicated to and accepted for maintenance by a Local Governmental Agency, then the Association may but need not maintain the area if the Local Governmental Agency either fails to maintain the area or elects to cease maintaining the area. 2 IIII IN IN1111111111111111111111 111111 2�92 95f 92Wn 3884005801v5 17 3.6.3 Character of Common Area Improvements. The nature, design, quantity, quality and all other attributes of the Common Area, and the facilities and amenities thereon, shall be determined in Declarant's sole and absolute discretion. The Association shall be unconditionally obligated to accept title to and maintenance responsibility for the Common Area when such title and maintenance responsibility is tendered by Declarant alone or together with a Merchant Builder. If a dispute arises between the Association and Declarant or any Merchant Builder in connection with the nature, design, quantity, quality or other attributes of the Common Area, the completion thereof, the state of title thereto or the acceptance of title or maintenance responsibility therefor (a "Common Area Dispute"), then the Association shall be obligated to accept title to and assume maintenance responsibility for such Common Area and the Improvements and facilities thereon pending resolution of such Common Area Dispute. 3.7 Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of such Owners Lot. If, in the Association's opinion, any taxes or assessments constitute a lien on the Common Area, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Common Area and attributable to such Owner's own Lot. 3.8 Master Communications Systems Service Easement. All of the Properties are subject to nonexclusive easements of access, ingress, and egress, for purposes of installing, operating, maintaining, repairing, inspecting, removing and replacing the community antenna television system, and other communication service lines, facilities, and equipment, for the: benefit of Declarant and it subsidiaries, transferees, successors and assigns, as reserved and granted by reservations and conveyances of record and the provisions hereof. Such easements are freely transferable by Declarant to any other individual or entity and their successive owners for the purpose of providing a community antenna television system and communication services to the Properties, any portion thereof, and any adjoining property or property in the vicinity of the Properties. All such community antenna television and communication lines, facilities and equipment shall remain the property of Declarant, its subsidiaries, successors, transferees and assigns, and transfer of all or any portion of the Properties does not imply the transfer of any such community antenna television and communication easements or the lines, facilities or equipment located thereon. Exercise of the easements reserved in this Section shall not unreasonably interfere with the reasonable use and enjoyment of the Properties. 3.9 Association Property Wall Easements. Declarant reserves to the benefit of the Association (i) an easement over those portions of the Lots within three (3) feet of the common property line separating the Common Area from such Lots for the III IN 1111111111111111111111111111111111 2001-652762 of09300 38840V35801v5 18 Purpose of accommodating footings and other structural components, if any, of the Association Property Wall located on or immediately adjacent to such common property a boundary line, including any encroachments thereof onto the Lots; and (ii) an easement of access, ingress and egress over the Lots reasonably necessary for the maintenance, repair and replacement of Association Property Walls and related Improvements. 3.10 Declarant Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over all Association Property and Lots for installation and maintenance of utilities and drainage facilities shown on a subdivision map or maps for the Properties or, if not so shown, reasonably necessary, in the sole opinion of Declarant, for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devises and Improvements which may be reasonably necessary for the development and marketing of Residences within the Properties and Annexable Area, including, but not limited to, water, sewer, gas, telephone, electrical, television, storm drain and water lines (collectively the "Facilities"). Each Owner by accepting a deed to a Residence expressly consents to the foregoing easements and rights of way and authorizes and appoints Declarant (so long as Declarant owns all or any portion of the Properties or Annexable Area) as attorney -in -tact of such Owner to execute any and all instruments particularly describing, locating, granting or transferring such easements or rights of way. Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority. Declarant also reserves the right to grant easements over the Association Property, or any portion thereof for exclusive use by any Owner or Owners of a contiguous Lot for which Close of Escrow has already occurred, as a yard, recreational, gardening or landscape area. Any such easement will be conveyed by the Declarant prior to conveying the last Lot in the Properties or any portion of the Annexable Area. Such conveyance must be approved in advance by the Board. 3.11 Regular Inspection. 3.11.1 Duty to Inspect. It shall be the duty of the Board to have the Common Area inspected at least once every 3 years. 3.11.2 Purpose of Inspection. The purpose of the inspection shall be to (i) determine whether the Common Area is being maintained adequately in accordance with the Association Guidelines and such other prudent maintenance practices appropriate for Improvements such as those comprising the Common Area, (ii) identify the condition of the Common Area and any Improvements thereon including the existence of any hazards or defects, and the need for performing additional maintenance, II01i1191111��IN11111111111111111111111NII11111,rza0H f 9300fl 3E940\2358010 19 refurbishment, replacement, or repair, and (iii) recommend preventive actions (such as root pruning and tree removal) which may be taken to reduce potential maintenance costs to be incurred in the future. 3.11.3 Scope of Inspection. All of the Common Area and Improvements thereon including, but not limited to, all structures, gates, walls, walkways, irrigation systems, landscaping, and drainage devices thereon shall be inspected. 3.11.4 Experts and Consultants. The Board may employ such experts and consultants as are necessary to perform the inspection and make the report required by this Section. 3.11.5 Report to Owners. The Board shall have a written report of the results of the inspection of the Common Area required by this Section furnished to Owners within the time set forth for furnishing Owners with the Budget. The report shall include at least the following: (i) a description of the condition of the Common Area, including a list of items inspected, and the status of maintenance, repair and need for replacement of all such items; (ii) a description of all maintenance, repair and replacement planned for the ensuing fiscal year and included in the Budget; for such deferment; (iii) if any maintenance, repair or replacement is to be deferred, the reason (iv) a summary of all reports of inspections performed by any expert or consultant employed by the Board to perform inspections; (v) a report of the status of compliance with the maintenance, replacement and repair needs set forth in the inspection report for the preceding years; and, (vi) such other matters as the Board deems appropriate. 3.12 Dust Control and Maintenance Easement. The Declarant, so long as Declarant owns a Lot in the Properties, and the Association shall have the right and an easement to enter upon any Lot for the purpose of maintaining and taking reasonable measures to control dust, overgrowth and/or landscaping until such time as the Owner of the Lot has commenced construction of a residence on the Lot pursuant to plans approved by the Architectural Review Committee. Any such costs incurred for such dust control and/or maintenance shall be a part of the Common Expenses and charged as a Common Assessment. I'll IIIIII ��II IEI1 Ni�il II Ilil (I�) I I �Ifll I II IN Z9927 of01,33 38840\23580Iv5 20 ARTICLE N ASSOCIATION 4.1 Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration. 4.2 Membership. Members of the Association are Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, and each Owner (including Declarant and any Merchant Builder) of one (1) or more Lots in the Properties. Membership in the Association is subject to the Restrictions. Excepting the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot owned by each Owner, and ownership of a Lot is the sole qualification for an Owner's Membership in the Association. 4.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows: (i) Class A. The Class A Members are all Owners, except Declarant and Merchant Builders shall not be Class A Members for so long as there exists a Class B Membership. Class A Members are assigned one (1) vote for each Lot owned by such Member which is subject to assessments. (ii) Class B. The Class B Members are Declarant and the Merchant Builders. The Class B Members are assigned three (3) votes for each Lot owned by such Member which is subject to assessment. Votes of the Class B Members may be exercised by Declarant on behalf of the Class B Members. The Class B Membership shall be converted to Class A Membership on the date ("Class B Termination Date") which is the earlier to occur of the following events: (A) The Close of Escrow for the sale of 615 Lots in the overall development composed of the Properties and Annexable Area. I�IIII I�IIII 9�II III IIII�i IIIII�) IIUI III JIIIIII II III t2 298 t8 of 093 2RDR 38840123580tv5 21 (B) The fifth (51") anniversary of the first Close of Escrow in the Phase of Development for which a Final Subdivision Public Report was most recently issued by the DRE. (C) The twenty-fifth (25`") anniversary of the first Close of Escrow for the sale of a Lot in the Properties. (iii) Class C. The Class C Member shall be Declarant irrespective of whether Declarant is or is not an Owner. The Class C Membership shall not be considered a part of the voting power of the Association and Declarant is not entitled to exercise any Class C vote except for the purpose of electing those members of the Board, which the Class C Membership is entitled to elect hereunder. The Class C Member is entitled to solely elect a majority of the members of the Board until the Class C Termination Date. The "Class C Termination Date" shall be the earlier to occur of the following events: (A) The Close of Escrow for the sale of 615 Lots in the overall development composed of the Properties and Annexable Area. (B) The fifth (51") anniversary of the first Close of Escrow in the Phase of Development for which a Final Subdivision Public Report was most recently issued by the ORE. e Q; (C) The twenty-fifth (25'h) anniversary of the first Close of Escrow for e ; the sale of a Lot in the Properties. u Commencing on the date on which Declarant no longer has an elected or appointed representative(s) on the Board, and continuing until the date on which Declarant no longer owns a Lot in the Properties or any portion of the Annexable Area, the Association shall provide Declarant with written notice of all meetings of the Board as if Declarant were an Owner and Declarant shall be entitled to have a representative present at all such Board meetings ("Declarant's Representative"). The Declarant's Representative shall be present in an advisory capacity only and shall not be a Board member or have any o right to vote on matters coming before the Board. I� 4.2.2 Transfer of Membership. An Owner's Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant Lot, and then only to the purchaser or Mortgagee of such Lot. Declarant's Class C Membership may not be transferred except to a successor to all or a part of Declarant's rights under this Declaration. Any attempt to make a prohibited Membership transfer is void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser, such delegation shall be in writing and must be delivered to the Board before such contract purchaser may 39840\235801 vs 22 exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot until fee title to the Lot is transferred. If the Owner of any Lot fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's' Lot upon transfer of fee title thereto, the Board may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records. 4.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Special Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Members obligation to pay the assessments provided for herein. 4.2.4 Joint Ownership Votes. The vote that is attributed to each Lot may not be cast on a fractional basis. If the Lot has more than one Owner and the Owners are unable to agree as to how the vote should be cast, the vote shall be forfeited on the matter in question. If one Owner casts the vote attributed to a Lot, the vote shall conclusively bind all the Owners of that Lot. If more than one Owner casts the vote attributed to a Lot in any matter in which only one vote could be cast for that Lot, the votes cast by such Owners shall not be counted and shall be considered void. 4.2.5 Cumulative Voting. The election of members to the Board may be by cumulative voting as described herein, provided an Owner has placed a candidate's name in nomination prior to the voting and given notice at the meeting prior to the voting of the Owner's intention to cumulate votes. If any Owner has given such notice, then all Owners shall have the right to cumulate their votes for candidates in nomination. Under cumulative voting, each Owner, either in person or by Proxy, may give a single candidate the number of votes equal to the number of directors to be elected multiplied by the number of votes the Owner is entitled to exercise under this Declaration, or the Owner may distribute these cumulated votes among any two or more candidates as the Owner desires. The candidates receiving the highest number of votes up to the number of Board members to be elected shall be elected, unless the entire Board is removed by a vote of the Owners, an individual director may not be removed prior to the expiration of his or her term if the votes against removal would have been sufficient to elect that director if cast cumulatively at an election at which the same total number of votes were cast and all directors authorized at the time of the most recent election of that director were being elected. These cumulative voting provisions do not apply to the election of special directors by Owners other than Declarant under the provisions set forth in the Bylaws. �a 111111111IN111111111111111111IN 11111111 3 PofBfl3 38840\235801 v5 23 ARTICLE V FUNCTIONS OF THE ASSOCIATION 5.1 Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (i) equipping, maintaining, operating and utilizing the Common Area, including the social, recreational and other Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Common Area, and (iii) administering and enforcing the Restrictions (collectively, the "Permitted Functions"). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 5.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions. Nothing in this Section 5.1 shall be deemed to preclude the use of the Common Area facilities by Declarant or the Merchant Builders for promotional special events and other purposes as authorized by Section 3.1.7. 5.2 Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has: 5.2.1 Assessments. The power and duty to levy assessments on the Owners of Lots in Phases of Development in which assessments have commenced and to collect and enforce payment of such assessments in accordance with the provisions of Article VI hereof. 5.2.2 Repair and Maintenance. The power and duty to accept title to and to paint, plant, maintain and repair in a neat and attractive condition, all Common Area and all private streets, trails and drives, open space, slopes, private drainage facilities, streetscape architecture, landscaping, utilities, recreational facilities, Association Property Walls, fences or other Improvements thereon, in a safe, sanitary and attractive condition and in good order and repair, and to pay for utilities, gardening and other necessary services for the Common Area. Subject to the Restrictions, all of the foregoing obligations of the Association shall be discharged when and in such manner as the Board determines in its judgment to be appropriate, provided that the Association shall (i) comply with the Association Guidelines, and (ii) conform with the requirements of any agreements entered into between Declarant or any Merchant Builder and a Local Governmental Agency pertaining to the Properties including, without limitation, any agreements providing for the maintenance of Public Property by the Association. 1001 11111111111111I 1111III1III1III11111111111III 2081-652762 e0of 38840\235801 v5 24 5.2.3 Exclusions from Maintenance. Notwithstanding the immediately preceding Subsection, the Association shall have no responsibility to provide the services referred to in this Subsection with respect to (a) any Dedicated Common Area which is accepted by a Local Governmental Agency for maintenance, or (b) any other Improvement (including without limitation parkway areas, median strips, trails and sidewalks) which is accepted for maintenance by any state or Local Governmental Agency. Such responsibility shall be that of the applicable agency. 5.2.4 Right to Impose Sanctions for Violations of Declaration. In addition to any other enforcement rights described in this Declaration and the Bylaws, or authorized by law and subject to any restriction s on the Association's enforcement rights, including any due process requirements, imposed by this Declaration, the Bylaws, or by law, the Association may take any of the following actions against any person or entity whose act or failure to act violates or threatens to violate any provision of this Declaration, the Bylaws, or Rules and Regulations: A. impose monetary penalties, including late charges and interest; B suspend voting rights in the Association; C. suspend use privileges for the Common Area; and, D, commence a legal action for damages, injunctive relief, or both. The determination of whether to impose any of the foregoing sanctions shall be within the sole discretion of the Association. Any legal action may be brought in the name of the Association on its own behalf and on behalf of any Owner who consents, and the prevailing party in any such action shall be entitled to recover costs and reasonable attorneys' fees. The Association may take more than one of the foregoing enforcement actions against any one violation or threatened violation, provided that a suspension of use privileges shall not exceed 60 days (unless the suspension is for delinquent assessments) and a monetary penalty shall not exceed $250.00 (excluding late charges imposed for delinquent assessments) for any on violation. The Association, in its sole discretion, may resolve or settle any dispute, including any legal action, under such terms and conditions as it considers appropriate. The Association may not cause a forfeiture or abridgement of any Owner's right to the full use and enjoyment of his or her Lot except by judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments duly levied by the Association. If any Owner fails to cure a default within sixty (60) days after written notice to that Owner, the Association shall give the notice required in Section 13.3.1 to the Mortgagee of record. 1111 IN 1 � 2� 32 5 fe 930QR 38840\235801 v5 25 5.2.5 Right to Delegate Powers and Duties; Professional Management. The Association may delegate any of its powers and duties to its employees, committees, or agents, including a professional management agent. Any agreement for professional management of the development shall be terminable by either party with or without cause and without payment of a termination fee on thirty (30) days written notice. The term of any such agreement shall not exceed one year except as otherwise specifically provided in this Declaration, although such agreement may be renewed form year to year by the Association. If the development is professionally maintained or managed, the Board shall not terminate professional management and assume self -management without the consent of 75% of first Mortgageees. 5.2.6 Payment of Taxes and Assessments. The Association shall pay all real and personal property taxes and assessments and all other taxes levied against the Association, the Common Area, or the personal property owned by the Association. Such taxes and assessments may be contested or compromised by the Association, provided that they are paid or that a bond insuring payment is, posted before the sale or the disposition of any property to satisfy the payment of such taxes. 5.2.7 Legal and Accounting Services. Subject to Section 5.2.10, the power but not the duty, if deemed appropriate by the Board, to retain and pay for legal and accounting services necessary or proper in operating the Common Area, enforcing the Restrictions, and performing any of the other Association duties or rights. 5.2.8 Contracts. Except as otherwise approved by the DRE and as provided in this Declaration, neither Declarant nor any of its agents shall enter any contract which would bind the Association or the Board for a period in excess of one (1) year. 5.2.9 Litigation. Subject to Sections 13.6 and 13.15, the power but not the duty to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters pertaining to (i) the application or enforcement of the Restrictions and (ii) damage to the Common Area. Any recovery by the Association with respect to any damage to or defect in the Common Area shall be utilized solely for the purpose of {laying for the costs of obtaining the recovery and for correcting such Common Area damage or defect. 5.2.10 Enforcement of Bonded Obligations. If the Association is the obligee under a bond or other arrangement to secure performance of a commitment of the Declarant or its successors or assigns to complete Common Area improvements, not completed at the time the DRE issues a final subdivision public report for the latest phase of the Project, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any Illlllllllllllllllllllillllllllllllll llllllll III IN 12 8g3 Qof�93b0R 38840k2358010 26 improvement for which a notice of completion has not been filed by the later of (i) sixty (60) days after the completion date specified for that improvement in the "planned construction statement' appended to the bond, or (ii) thirty (30) days after the expiration of any written extension given by the Association. If the Board fails to consider and vote on the action to enforce the obligations under the bond, or if the Board decides not to initiate action to enforce the obligations under the bond, then on receipt of a petition signed by Owners representing not less than five percent of the total voting power of the Association, the Board shall call a special meeting of Owners for the purpose of voting to override the decision of the Board not to initiate action or to compel the Board to take action to enforce the obligations under the Bond. The Board shall give written notice of the meeting to all Owners entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of Owners. The meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt of the petition. At the meeting, the vote in person or by proxy of a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the bond shall be considered the decision of the Association and the Board shall implement this decision by initiating and pursuing appropriate action in the name of the Association. The Board shall have the power and duty to release security and exonerate bonds posted a by Declarant to secure obligations to the Association immediately upon satisfaction of the obligations n m a1 giving rise to such security. \LM L 5.2.11 Preparation and Distribution of Financial Statements, Reports, and Copies of Governing Documents. The Association shall prepare and distribute the following financial statement, reports, and copies of the governing instruments as indicated: A. A balance sheet rendered as of an accounting date that is the last day of the REME month closest in time to six months form the date of closing of the first sale of a Lot ("accounting date"), and an operating statement for the period commencing with the date of closing of the first sale and ending on the accounting date. The operating statement shall include a schedule of assessments received or receivable identified by the Lot number and the name of the Owner assessed. Copies of the balance sheet and operating statement shall be distributed to each Owner and any mortgagee that has requested a copy within sixty (60) days after the accounting date. B. A pro forma operating budget for each fiscal year consisting of: (i) estimated revenue and expenses on an accrual basis, (ii) amount of cash reserves currently available for replacement or major repair of Common Area facilities and for contingencies, and (iii) an itemized estimate of the remaining life of the major components of the Common Area for which the Association is responsible, a description of the methods of funding used to defray the costs of future repairs, replacements, or additions to such components, and a general statement of the procedures used by the Board in calculating and establishing reserves to defray such costs. The budget shall be prepared 38840V358010 27 consistently with the prior fiscal years pro forma operating budget, and shall include adequate reserves for contingencies and for maintenance, repairs and replacement of the Common Area improvements and other Association owned or maintained improvements or personal property, which reserves shall be sufficient to satisfy the requirement of any institutional Mortgagee. A copy of the preliminary pro forma operating budget shall be prepared and distributed to each Owner and any Mortgagee that has requested a copy not less than ninety (90) days prior to the beginning of the fiscal year for which the budget applies; a copy of the final budget shall be distributed to each Owner and any Mortgagee that has requested a copy not less than forty-five (45) days prior to the beginning of that fiscal year. Any Owner or Mortgagee may submit written comments on the preliminary or final pro forma operating budgets to the Board. C. An annual report consisting of a balance sheet rendered as of the last day of the fiscal year, an operating statement for the fiscal year, and a statement of changes in financial position for the fiscal year. A copy of the annual report shall be distributed to each Owner and any Mortgagee that has requested a copy within 120 days after the close of the fiscal year. In any fiscal year in which the gross income of the Association exceeds $75,000, a copy of the review of the annual report prepared by a licensed public accountant in accordance with generally accepted accounting principles shall be distributed with the annual report. If the annual report is not reviewed by an independent accountant, the report shall be accompanied by the certificate of an authorized officer of the Association that the report was prepared form the books and records of the Association without independent audit or review. D. A statement of the Association's policies and practices in enforcing its remedies against Owners for delinquent Common Assessments or Special Assessments including the recording and foreclosing of liens against a delinquent Owner's Lot. A copy of this statement shall be distributed to each Owner and any Mortgagee that has requested a copy within sixty (60) days prior to the beginning of each fiscal year. E. Copies of this Declaration, the Articles, Bylaws, Rules and Regulations and the statement regarding delinquent assessments as described in Section 6.9 shall be provided any Owner within ten (10) days of the mailing or delivery of a written request. The Board may impose a fee to provide these materials not to exceed the Association's reasonable costs in preparing and reproducing the materials. 5.2.12 Other Duties. The Association shall perform such other acts as may be reasonably necessary to exercise its power or perform its duties under any of the provisions of this Declaration, the Articles, Bylaws, Rules and Regulations, or Board resolutions. �IllllIllllll1111IN111111111111111111111O11111111 za03 eofa9�.OUR 38W\2358010 28 5.3 Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper for the use, occupancy and maintenance of the Properties. To be effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Common Area or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with this Declaration, any applicable Supplemental Declaration, the Articles and the Bylaws, and may not be used to amend any of such documents. 5.4 Limitations on Authority of Board or Association. Except with the vote or written assent of the Owners holding 51 percent of the voting rights of each class of Owners, if two classes exist, or, if only one class exists, 51 percent of the voting rights of all Owners and 51 percent of the voting rights of all Owners other than Declarant, the Board shall not take any of the following actions: s a mm �m 5.4.1 Incur aggregate expenditures for capital improvement to the Common Area in any e m m fiscal year in excess of five percent of the budgeted gross expenses of the Association for that fiscal year; v � 5.4.2 Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent of the budgeted gross expenses of the Association for that fiscal year; 5.4.3 Pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business, provided that the Board may reimburse a member for expenses incurred in carrying on the business of the Association; or 5.4.4 Enter into a contract with a third person to furnish goods or services for the e Common Area or the Association for a term longer than one year with the following exceptions; A. A management contract, the terms of which have been approved by the FHA or VA; B. A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest term for which the supplier will contract at the regulated rate; and, C. Prepaid casualty or liability insurance policies not to exceed three years duration provided the policy permits for short rate cancellation by the insurer. 38840\23580lv5 29 5.5 Prohibited Activities. Notwithstanding any other provisions of this Declaration or the other Restrictions, the Association is expressly prohibited from undertaking or performing any of the following activities, or expending or otherwise utilizing Association funds or resources therefor, and the following activities shall not constitute Permitted Functions of the Association. 5.5.1 Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Phases of Development in which Common Assessments have commenced. 5.5.2 Political Activities. The Association shall not (i) participate in Federal, State and local political activities or activities intended to influence a governmental action affecting areas outside the boundaries of the Properties (e.g. endorsement or support of (1) legislative or administrative actions by a Local Governmental Agency which affect persons or property outside the Properties, (2) candidates for elected or appointed office, and (3) ballot proposals) or (ii) conduct, sponsor, participate in or expend funds or resources on any activity, campaign or event, including without limitation any social or political v campaign, event or activity, which does not directly and exclusively pertain to a Permitted Function. ,o m e� v 5.6 Limitation on Liability of Officers and Directors. No director, officer, committee member, employee or other agent of the Association, including the Declarant or any agent of the Declarant when acting in such capacity, shall be liable to any Owner or any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of any such person if such person has acted in good faith and in a manner such person reasonably believed to be in the best interests of the Association. e ARTICLE VI e FUNDS AND ASSESSMENTS e 6.1 Obligation. e Declarant and any Merchant Builder, for each Lot owned by Declarant or such Merchant Builder e which is subject to assessment, hereby covenants and every other Owner of any Lot, by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in such deed or such other instrument, is deemed to covenant to pay to the Association (i) annual Common Assessments (including any assessments for the maintenance of Cost Centers) for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided, All assessments, together with interest, cost, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which such assessments is made (provided that Special 38640\235P.01 v5 30 Assessments liens arising from a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, cannot be enforced under Sections 2924, 2924(b), and 2924(c) of the California Civil Code). The personal obligation of assessments shall not pass to the successors -in -title to any Owner, unless expressly assumed by them. 6.2 Collection and Disbursement. To the extent permitted by Section 1365.5 of the California Civil Code, the Board may elect to maintain separate bank accounts for the working account and the reserve account as a financial control to qualify for reduced fidelity insurance coverage under the Freddie Mac and Fannie Mae regulations as set forth in this Declaration. However, in any event, the accounting records of the Association must reflect that the deposits and disbursements are made in a manner that will insure that the funds collected as Common Assessments to cover the Common Expenses (including reserves), Special Assessments to cover Budget shortfalls (including reserves), Capital Improvement Assessments to cover capital improvements and Reconstruction Assessments to cover the reconstruction of damaged or destroyed insured Improvements, will be used only for the purposes for which such funds were collected. Any reserves included as Common Expenses and paid as part of the Common Assessments or reserves included as Special Assessments and paid as part of a Special Assessment can only be used for the purposes and in the manner set forth in this Declaration. 6.2.1 General Operations. Disbursements shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. Nothing contained herein shall preclude the establishment of additional Association Funds by the Association earmarked for specified purposes authorized by the Restrictions. The Association shall not impose or collect an assessment, penalty or fee, which exceeds the amount necessary for the purpose or purposes for which it is levied. If the Association decides to use or transfer Reserve funds to pay for litigation, the Association must notify its Members of the decision in the next available mailing. Such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the Reserve funds will be replaced, and a proposed budget for the litigation. The notice must state that the Members have a rights to review an accounting for the litigation as provided in Section 1365.5 of the California Civil Code which will be available at the Association's office. The accounting shall he updated monthly. 6.3 Common Area Damage or Neglect. If any maintenance, repair or replacement of the Common Area (including, without limitation, damage to any Association Property Wall or parkway adjacent to a Lot or Common Area) is necessitated IIIOGA zae IN �III�111111111111111111111 III 12380 r 93 38840\23580l v5 31 in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or such Owner's Representatives, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefor shall be levied against such Owner; provided, however, that the liability of an individual Owner for such damage to the Common Area shall not be absolute, but shall only be that for which the Owner is legally responsible under California law. The foregoing shall include, without limitation, any settlement damage to any Association Property Wall and wall footings adjoining a Lot or Common Area caused by excavation, construction or excess irrigation occurring on such adjacent Lot or Common Area. 6.4 Common Assessments. Common Assessments shall be the amount necessary, in the aggregate, to pay the Common Expenses, including reserve expenses. The Board shall set the Common Assessments prior to the commencement of the fiscal year of the Association at the time the Board adopts the Budget for such fiscal year. Common Assessments shall be levied against the Owners of Lots in the First Phase of Development in which Common Assessments commence in the amounts as set forth in the Budget. Thereafter, as Common Assessments commence with respect to each Phase of Development, the Common Assessments shall be adjusted, subject to the provisions of Section 6.6 below, in accordance with the combined Budget of the Association approved by the Board from time to time. 6.5 Commencement of Common Assessments. 6.5.1 Commencement Date. Common Assessments shall commence as to Lots in any Phase of Development requiring the issuance of a Public Report by the DRE on the first day of the first month following the month in which the first Close of Escrow occurs for the sale of a Lot in such Phase of Development. 6.5.2 Payment Procedure. The initial annual Common Assessment shall be levied in accordance with the most recent Budget on file with and approved by the DRE. Written notice of any increase in the amount of the Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. All installments of Common Assessments shall be collected monthly. 6.5.3 Exemption. Subject to the provisions of any subsidy agreement approved by the DRE, notwithstanding any other provision of this Declaration, until (i) a notice of completion (if applicable) IIIINIIIIIIIIIIIOIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIII 1[?A61395 f 9308H 388401235801v5 32 of a Common Area Improvement has been Recorded, (ii) such Common Area Improvement has been placed into use, or (iii) the completion date for such Common Area Improvement specified in the Planned Construction Statement on file with the DIRE with respect to such Common Area Improvement, whichever occurs first, each Owner (including Declarant and the Merchant Builders) is exempt from paying that portion of any Common Assessment which is for the purpose of defraying expenses and Reserves directly attributable to the existence and use of such Common Area Improvement, 6.6 Limitations on Common Assessment Increases. Subject to Section 6.6.4 below, the Board shall not levy, for any fiscal year, an annual Common Assessment which exceeds the "Maximum Authorized Common Assessment" as determined pursuant to Sections 6.6.1 and 6.6.2 below, unless first approved by the vote of Members representing at least (i) in the case of an increase in the Common Assessment which does not pertain to a Cost Center, a majority of votes at a meeting or written ballot of Members in which more than fifty percent (50%) of the total voting power of the Association is represented, and (ii) in the case of an increase in a component of a Common Assessment which does pertain to a Cost Center, a majority of votes at a meeting or written ballot of the Members subject to the Cost Center generating such increase in the Common Assessment at which more than fifty percent (50%) of the total voting power attributable to such Cost Center is represented. 6.6.1 Maximum Authorized Common Assessment for Initial Year of Operations. Until the first day of the fiscal year immediately following the fiscal year in which Common Assessments commence, the Maximum Authorized Common Assessment per Lot is one hundred twenty percent (120%) of the amount of Common Assessments disclosed in the current Budget of the Association filed with the DIRE at the time Common Assessments commence. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any. Notwithstanding the foregoing, this Section does not limit Common Assessment increases authorized pursuant to Section 6.7.4 below, or necessary to address an Emergency Situation as defined in Section 6.7.5 below. 6.6.2 Maximum Authorized Assessment for Subsequent Fiscal Years. Beginning with the fiscal year immediately following the fiscal year in which Common Assessments commence, the Maximum Authorized Common Assessment in any fiscal year is one hundred twenty percent (120%) of the level of Common Assessments levied in the immediately preceding fiscal year; provided that distribution of the Budget for the current fiscal year in accordance with Section 1365(a) of the California Civil Code or other applicable law is a prerequisite to any increase in the Maximum Authorized Common Assessment for such fiscal year pursuant to this Subsection. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any. Notwithstanding the foregoing, this Section does not limit Common Assessment l I I�IIII ��IIII �II) III I7I'll �7IIIII II�II I') IIIII illl III 12 2010400?98 306E 4884OV35 aNs 33 increases authorized pursuant to Section 6.6.4 below, or necessary to address an Emergency Situation as defined in Section 6.6.5 below. 6.6.3 Special Assessments. If, in any fiscal year of the Association, the Board determines that the Common Assessments collected are less than the amount necessary to fund the important and essential functions of the Association, it may levy one or more Special Assessments, subject to the limitation that all Special Assessments levied in the course of any such fiscal year may not exceed five (5) percent of the Budget for such fiscal year. The foregoing limitation shall not apply to Special Assessments which are levied against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions. 6.6.4 Automatic Assessment Increases. Notwithstanding any other provisions of this Declaration, upon the annexation of additional Phases of Development pursuant to Article II hereof, the Common Assessments shall be automatically increased by the amount, if any, necessary to maintain the Common Area located within such additional Phases of Development in accordance with the standards prescribed by the then current "Operating Cost Manual' published by the ORE or, if the Operating Cost Manual is no longer published by the DRE, pursuant to standards prescribed by comparable maintenance cost guidelines prepared in accordance with prudent property management practices for "common interest developments" (as defined in Section 1351(c) of the California Civil Code) consistently applied throughout the geographic region in which the Properties are located, However, such increase shall occur only if the amount of such increase does not result in the levy of a Common Assessment which exceeds the upper range of Common Assessments disclosed in all previously issued Public Reports for the Properties. If annexation of Common Area results in an increase in the Common Assessment which is permissible under this Subsection 6.6.4, then the Association shall be obligated to collect such increased Common Assessment and accept title to and assume the maintenance responsibility for such Common Area. However, to minimize the need for frequent adjustments in the amount of the Common Assessments during the development of the Properties, the Board may stabilize the amount of the Common Assessments invoiced to the Association during the time that Common Assessments are Fluctuating due to the periodic annexation of Lots and Common Area. By accepting title to a Lot in the Properties, each Owner consents to the Common Assessment increases specified herein. 6.6.5 Emergency Situations. For purposes of Sections 6.6.1, 6.6.2 and 6.7, an "Emergency Situation" is any of the following: (i) Court Ordered Items. An extraordinary expense required by an order of a court; IIIIIIIIIIIIIIIIII11111111111111111111111111111111111 1228946of16 92P9f1 38840\235801 v5 34 (ii) Safety Items. An extraordinary expense necessary to repair or maintain the Common Area or any portion thereof for which the Association is responsible when a threat to the safety of Persons within the Properties is discovered; and (iii) Reasonably Unforeseen Items. An extraordinary expense necessary to repair or maintain the Common Area or any portion thereof for which the Association is responsible that could not have been reasonably foreseen by the Board when preparing the Budget. Prior to the imposition or collection of an assessment pursuant to this Subsection (iii), the Board must pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expenses was not or could not have been reasonably foreseen in the budgeting process. The resolution shall be distributed to the Members with the notice of the assessment. 6.7 Capital Improvement Assessment. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Common Area, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require the vote of Members representing at least a majority of votes at a meeting or written ballot of Members in which is represented more than fifty percent (50%) of the total voting power attributable to Members subject to such Capital Improvement Assessment. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing an Emergency Situation as defined in Section 6.6.5. All Capital Improvement Assessments must be levied against all Lots in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board. 6.8 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority, the Common Area owned in fee by the Association. 6.9 Remedies of the Association. Any installment of a Common Assessment, Capital Improvement Assessment, Special Assessment, or Reconstruction Assessment not paid within thirty (30) days after the due date shall bear interest from the due date of such installment at a rate determined by the Board, but in no event more than the then maximum non -usurious rate permitted by law. Additionally, the Board may levy a late charge in accordance with California Civil Code Section 1366 or any successive law or ordinance in 20© �IIIIII1111111111IN11111111111111111111111111111111 ,242 f 93 OOR 38940\2358010 35 addition to the interest charged as described above to compensate the Association for increased bookkeeping, billing and other administrative costs. No such late charge on any delinquent installment of an assessment shall exceed the maximum amount allowable by law. If any installment of an assessment is not paid within thirty (30) days after it is due, the Association may bring an action at law against the Owner(s) personally obligated to pay the same, or, with respect to Common Assessments, Capital Improvement Assessments, Special Assessments (except as provided below) and Reconstruction Assessments, foreclose the lien against the Lot. Special Assessments which are levied against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, shall not be enforced under Section 2924, 2924(b), or 2924(c) of the California Civil Code. No Owner may escape liability for the assessments provided for herein by relinquishment of the Membership, or by nonuse of the Common Area or abandonment of the Lot. In addition to the foreclosure and other remedies granted the Association herein, each Owner by acceptance of a deed to such Owner's Lot hereby conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot, subject to the right, power and authority of the Association to collect and apply such rents, issues and profits to any delinquent assessments owed by such Owner, reserving to the Owner the right, prior to any default by the Owner in the payment of assessments, to collect and retain such rents, issues and profits as they may become due and payable. Upon any such default the Association may, upon the expiration of thirty (30) days following delivery to the Owner of the "Notice of Assessment" described herein, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of an security for the indebtedness secured by the lien described herein, (1) enter in or upon and take possession of the Lot or any part thereof, (ii) in the Association's name sue for or otherwise collect such rents, issues and profits, including those part due and unpaid, and (iii) apply the same, less allowable expenses of operation, to any delinquencies of the Owner hereunder, and in such order as the Association may determine. The entering upon and taking possession of the Lot, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6.10 Notice of Lien. No action may be brought to enforce any assessment lien herein, unless at least thirty (30) days have expired following the date a Notice of Lien is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Lot, and a copy thereof has been Recorded by the Association. The Notice of Lien shall be in such form and shall contain such information required by Section 1367(b) of the California Civil Code, or any similar California Stature hereafter enacted, and must be signed and acknowledged by an officer of the Association or such other Person expressly authorized by the Board to sign Notices of Liens, and such lien shall be prior to any declaration of homestead IIIN111111111111111111111H�IlIII III 12 300q os£0762 6? 38840\2358010 36 Recorded after the date on which this Declaration is Recorded. The lien shall continue until fully paid or otherwise satisfied. 6.11 Foreclosure Sale. With the exception of Special Assessments liens (which may only be foreclosed judicially), a sale to foreclose the assessment lien may be conducted by the trustee designated in the Notice of Lien (or any successor trustee substituted therefor) in accordance with the provisions of Sections 2924, 2924a, 2924b, 2924c, and 2924f of the California Civil Code, or in accordance with any similar stature hereafter enacted applicable to the exercise of powers of sale in Deeds of Trust or in any other manner permitted by law. The Association, through duly authorized agents, may bid on the Lot, at foreclosure sale, and may acquire and hold, lease, mortgage, and convey the same. Upon completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the Lot and the defaulting Owner shall be required to pay the reasonable rental value of the Lot during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. 6.12 Curing of Default. Upon the timely curing of any default for which the Association filed a Notice of Lien, the Association shall Record an appropriate Release of Lien, upon payment by the defaulting Owner of a reasonable fee to be determined by the Board to cover the cost of preparing and Recording such release. A certificate, executed and acknowledged by any officer of the Association, or such other person expressly authorized by the Board, stating the indebtedness secured by the liens upon any Lot created hereunder, shall be conclusive upon the Association and the Owners as to the amount of such indebtedness as of the date of the certificate in favor of all persons who rely thereon in good faith. Such certificate shall be furnished to any Owner upon request at a reasonable fee, to be determined by the Board. 6.13 Cumulative Remedies. The assessment lien and the rights of foreclosure and sale thereunder are in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have against any delinquent Owner hereunder and by law, including a suit to recover a moneyjudgment for unpaid assessments, as above provided. 6.14 Mortgage Protection -Liens. Subject to Section 6.15 below, no lien created under this Article Vl, nor any breach of this Declaration, nor the enforcement of any provision hereof or of any Supplemental Declaration hereto defeats or renders invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot by judicial I1111111111111111111IN1111111111111111111111111111111IN rzz9a44 C09308fl 38890\2358O10 37 foreclosure or by means of the powers set forth in such Deed of Trust, the Lot shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title. 6.15 Priority of Assessment Lien. Mortgages Recorded before a Notice of Lien have lien priority over the Notice of Lien. The sale or transfer (including and "deed in lieu" of foreclosure) of any Lot does not affect the assessment lien; except that the sale or transfer of any Lot pursuant to judicial or non -judicial foreclosure of a first Mortgage Recorded prior to a Notice of Lien extinguishes the lien of such assessment as to payments which became due prior to such foreclosure sale or transfer. No sale or transfer relieves such Lot from lien rights for any assessments thereafter becoming due. No Person who obtains title to a Lot through judicial or nonjudicial foreclosure, of the first Mortgage is liable for the share of the Common Expenses or assessments chargeable to such Lot which became due prior to the acquisition of title to such Lot by such Person. Such unpaid share of Common Expenses, including the Lot belonging to such person. ARTICLE VII USE RESTRICTIONS Subject to the exemptions of Declarant and Merchant Builder, the Properties shall be held, used and enjoyed subject to the following restrictions. Supplemental Declarations may establish supplementary or more restrictive use restrictions for Annexed Territory so long as the restrictions are generally consistent with the scheme of government that is established in this Declaration and any Supplemental Declaration. Supplemental Declarations may add use restrictions or replace the use restrictions contained in this Article for the Annexed Territory such Supplemental Declaration encumbers. 7.1 Residential Use. All Lots shall be improved and used solely for single -Family residential use. This provision does not preclude an Owner in the Properties from renting or leasing all of his Lot by means of a written lease or rental agreement subject to the Restrictions. No Lot may ever be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or other such nonresidential purposes; except Declarant and Merchant Builders, their successors and assigns, may use any portion of the Properties owned by them for model home sites and display and sales offices during the construction and sales period, in accordance with Article X hereof. 72 Leasing. An Owner is permitted to lease or rent Owner's Lot. However, any lease or rental agreement shall be in writing and for a term of not less than thirty (30) days, except as permitted by any governmental IIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIIII 2 LG 311/ge01106300R 38840U358010 38 authority, and any tenant shall abide by and be subject to all terms and provisions of this Declaration, the Articles, the Bylaws, and the Rules and Regulations, and any lease or rental agreement shall comply with Section 7.1 and shall specify that failure to abide by such provisions shall be a default under the lease or rental agreement. 7.3 Landscaping. Within one hundred eighty (180) days after the Close of Escrow for the sale of a Lot, the Owner must install and must thereafter maintain (except for any landscaping to be maintained by the Association) plants, shrubs, trees, and any other appropriate landscaping Improvements, pursuant to plans and specifications approved by the Architectural Review Committee, on all yard areas that are on or are assigned as exclusive use easement areas of the Lot. Each Owner must properly maintain and periodically replace when necessary all trees, plants, grass, vegetation and other landscaping Improvements located on such Owner's Lot which are not the maintenance responsibility the Association. No plants or seeds infected with insects or plant diseases may be brought upon, grown or permitted to exist upon any part of the Properties. Subject to Article Vill, the Board may adopt, amend or supplement the Architectural Review Committee Rules to regulate landscaping permitted and required in the Properties. If an Owner fails to install and maintain landscaping in conformance with the Architectural Review Committee Rules, or allows his Lot or landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, upon thirty (30) days prior written notice to such Owner, may seek any remedies at law or in equity which it may have and, after Notice and Hearing, may correct such condition and enter upon such Owners property for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner as set forth in this Declaration. 7.4 Parking and Vehicular Restrictions. 7.4.1 Authorized Vehicles. The following vehicles are "Authorized Vehicles": standard passenger vehicles, including without limitation automobiles, passenger vans designed to accommodate ten (10) or fewer people, motorcycles and pick-up trucks having a manufacturer's rating or payload capacity of three-quarter (3/4) ton or less and golf carts. Authorized Vehicles may be parked in any portion of the Properties intended for parking of motorized vehicles and/or golf carts, as the case may be, subject to the Restrictions. Golf carts must be parked in enclosed garages overnight. No Owner may park any vehicle in a manner so that the Association determines that the vehicle unreasonably extends beyond the boundaries of a parking space or into streets or sidewalks within the Properties. The Association has the power to identify additional vehicles as Authorized Vehicles to adapt this restriction to new types of vehicles produced by manufacturers. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIgillil1111111111111IN-652762 z 3�t46 f 9390p 3894OQ35801v5 39 7.4.2 Prohibited Vehicles. The following vehicles are "Prohibited Vehicles": (i) recreational vehicles (e.g. motorhomes, travel trailers, camper vans, boats, etc.); (ii) commercial -type vehicles (e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks, limousines, etc.); (iii) buses or vans designed to accommodate more than ten (10) people; (iv) vehicles having more than two (2) axles, (v) trailers, inoperable vehicles or parts of vehicles, (vi) aircraft, (vii) any vehicle with a width in excess of eighty-four (84) inches; (viii) other similar vehicles; or, (ix) any vehicle or vehicular equipment deemed a nuisance by the Board. Prohibited Vehicles may not be parked, stored or kept on any public or private street within, adjacent to or visible from the Properties, any other Common Area parking area or any driveways, unless either (a) they are owned and used by the Association in connection with management of maintenance of a part of the Properties, or (b) they are parked for brief periods for loading, unloading, deliveries or as may otherwise be defined in the Rules and Regulations. If a vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumes to be a Prohibited Vehicle, unless the vehicle is expressly classified as an Authorized Vehicle in writing by the Board. Prohibited Vehicles may be parked (1) within an Owner's fully enclosed garage with the door closed, or (2) on Lots in areas completely screened from the view of other Owners so long as their presence on the Properties does not otherwise violate the provisions of the Restrictions. The Association has the power to identify additional vehicles as Prohibited Vehicles in the Rules and Regulations to adapt e this restriction to new types of vehicles produced by manufacturers. 0M r� m a, 7.4.3 General Restrictions. All vehicles owned or operated by or within the control of u a M an Owner or Owner Representatives and kept within the Properties must be parked in the assigned parking space or garage of that Owner to the extent of the space available; provided that each Owner shall ensure that any such parking space or garage accommodates at least the number of Authorized Vehicles for which it was originally constructed by Declarant or a Merchant Builder. Garages or other parking areas must be used only for parking vehicles, and may not be used for storage, living, e recreational, business or other purposes. Driveways may not be used for parking purposes if the Owner's garage is not being utilized to the maximum designed capacity for the parking of vehicles, or if to do so iii�_ obstructs free traffic flow, constitutes a nuisance, violates the Rules and Regulations, or otherwise creates a safety hazard. Garage doors shall be kept closed at all times, except as reasonably required for ingress to and egress from the interiors of the garages. No repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle or equipment may be conducted upon any street (public or private), any portion of any Common Area or Lot, except wholly within an enclosed garage; provided, however, that such activity within an enclosed garage may not be undertaken as a business, and provided further that such activity may be prohibited entirely if it is determined by the Board to be a nuisance. The Board may determine, in its discretion, whether there is noncompliance with the parking and vehicular restrictions contained herein. The Board in its discretion may approve temporary variances from the provisions of this Subsection 7.4.3. Any such variance (i) shall be authorized only in connection with Construction Activities (as defined in Section 8.3 hereof) approved by the Architectural Review Committee, (it) must be evidenced 38840\235801 v5 40 in writing signed by an authorized representative of the Association, and (iii) must specify the limited period of time for which the variance is effective. These restrictions do not permit any activity which would be contrary to any ordinance of the City or other applicable Local Governmental Agency including without limitation the parking of other vehicles on those portions of private streets prohibited by the City or applicable local governmental agency. 7.4.4 Parking Regulations. The Board may establish additional regulations regarding any parking areas not assigned to individual Lots, including without limitation designating "parking", "guest parking" and "no parking" areas thereon, setting time limits for parking vehicles in the Common Area parking areas, and requiring registration of vehicles or use of parking permits; and may enforce all parking and vehicle use regulations applicable to the Properties, including removing violating vehicles from the Properties pursuant to California Vehicle Code Section 22658.2 or other applicable ordinances and statutes. If the Board fails to enforce any of the parking or vehicle use regulations, the City may enforce such regulations in accordance with applicable laws and ordinances. If the City fails to enforce any of its parking ordinances on public streets within or abutting the Properties, the Association has the power but not the duty to enforce such ordinances against Owners and residents of the Properties. 7.4.5 Common Driveways. Certain groups of Lots in the Properties ("Driveway Group") may share a common access driveway ("Common Driveway"), which provides access only to the Driveway Group. The Common Driveway shared by each Driveway Group is shown on the Residential Subdivision Map(s) for the Properties. Each Common Driveway is part of the Common Area and will be owned and maintained by the Association. The Owners of Lots in a Driveway Group shall each have semi -exclusive easements for vehicular and pedestrian access, ingress and egress over the Common Driveway serving such Driveway Group, subject to Association access for maintenance of adjacent Common Area. No other Owners or residents of the Properties may use such Common Driveway, which is hereby designated to be for the exclusive use of the Owners of the Driveway Group, as contemplated by Section 1351(i) of the California Civil Code. There shall be no parking on the Common Driveways. Provided, however, that the foregoing shall not preclude the parking of service and similar vehicles on Common Driveways if (i) parking space is not available in the driveway located on the Lot within the Driveway Group being serviced by such vehicles; (ii) such parking is for temporary service purposes not to exceed the amount of time necessary to complete the service, but in no event longer than eight (8) consecutive hours; and (iii) no vehicle shall be parked so as to unreasonably obstruct vehicular access to other Lots within the Driveway Group. 7.5 Antennae. Owners are prohibited from installing any antennae on the exterior of a Residence for any purpose, except for an "Authorized Antenna," which may be installed so long as the proposed location for such IlllllllllllllllIN11111111llll llll 111111111111111 r�2°048 of 9eon 3 38840\235801v5 41 installation is reviewed by the Architectural Review Committee before the installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Review Committee may require that the location of the Authorized Antenna be moved so long as such review by the Architectural Review Committee does not (a) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (b) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (c) preclude acceptable quality reception. An "Authorized Antenna" means (i) an antenna designed to receive direct broadcast satellite service, including direct -to -home satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (III) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii) and (III) above. The Association may adopt additional restrictions on installation or use of an Authorized Antenna on an Owner's Residence as a part of the Association's Rules and Regulations so long as such restrictions do not (1) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (2) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (3) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized 0M Antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the w safety of managers, agents or employees of the Association and other Owners, or for any other safety v < related reason established by the Association. v The Association may also (A) prohibit an Owner from installing an Authorized Antenna on property _ which such Owner does not own or is not entitled to exclusively use or control under the Restrictions, or (B) allow an Owner to install an antenna other than an Authorized Antenna subject to the architectural standards and review by the Architectural Review Committee. This Section is intended to be a restatement of the authority granted to the Association under the law. All amendments, modifications, restatements and interpretations of the law applicable to the installation, use or maintenance of an antenna shall be interpreted to amend, modify, restate or interpret this Section. w= ®_ 7.6 Insurance Rates. Nothing shall be done or kept in the Properties which will increase the rate of insurance on any Lot, s Common Area or other portion of the Properties without the approval of the Board, nor shall anything be done or kept in the Properties which would result in the cancellation of insurance on any Lot, Common Area or other portion of the Properties or which would be in violation of any law. 7.7 No Further Subdivision. Except as expressly authorized in a Supplemental Declaration, no Common Area or Lot may be further subdivided (including division into time-share estates or time-share uses as defined in Section 38840Q35801v5 42 11003.5 of the California Business and Professions Code) without the prior written approval of the Board. Nothing in this Section shall be deemed to prevent an Owner from, or require the approval of the Board for: (a) selling a Lot; or (b) transferring or selling any Lot to more than one (1) Person to be held by them as tenants in common, joint tenants, tenants by the entirety or as community property; or (c) leasing or renting all of such Owner's Lot, provided that any such lease or rental is subject to the Restrictions. 7.8 Signs. No sign, poster, billboard, balloon advertising device or other display of any kind ("Displays") may be displayed within the Properties except (i) such Displays (regardless of size, configuration, location or content) as may be used by Declarant or a Merchant Builder in connection with the development of the Properties and the sale, lease or other disposition of Lots, (ii) entry monuments and similar community identification signs maintained by the Association, and, (iii) subject to Architectural Review Committee Rules governing the location, size, materials and other such criteria, one (1) nameplate or similar Owner name identification, and a reasonable number of signs advising of the existence of security services protecting a Lot. 7.9 Animals. Subject to the provisions of Civil Code Section 1360.5, no animals, fowl, reptiles, poultry, fish or insects of any kind ("animals") may be raised, bred or kept on any Lot or Common Area within the Properties, except that a reasonable number of birds, fish, dogs, cats or other customary household pets may be kept on a Lot; provided that they are not kept, bred or maintained for any commercial purpose, nor in unreasonable quantities nor in violation of any applicable: local ordinance or any other provision of the Restrictions, and such limitations as may be set forth in the Rules and Regulations. As used in this Declaration "unreasonable quantities: ordinarily means more then two (2) household pets per Residence; provided, however, that the Board may determine that a reasonable number in any instance is more or less. The Association, acting through the Board, may prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to other Owners of Lots in the Properties. Animals belonging to Owners, occupants or their licensees, tenant or invitees within the Properties must be kept within an enclosure or an enclosed yard or on a leash or other restraint being held by a person capable of controlling the animal. Furthermore, to the extent permitted by law, each Owner shall be liable to each and all remaining Owners and their Owner Representatives, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Properties, by an Owner or by members of his Family, his tenants or his guests. It shall be the absolute duty and responsibility of each Owner to clean up after such animals which have used any portion of the Properties. IIIIIIIIIIIIIIIIIN111111111111111111111111111111111111 e22905092692 38840W 58010 43 7.10 Nuisances. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Properties, and no odor may be permitted to arise there from so as to render the Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any other Lot in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist upon or emanate from any portion of the Common Area or any portion of a Lot within the Properties so as to be offensive or detrimental to any other Lot or Common Area in the Properties or to its occupants. Without limiting the generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes and commercially designed and reasonably used exterior speakers), live bands, noisy, unsightly unusually painted or smoky vehicles, aircraft, large noisy power equipment or tools, unlicensed off -road motor vehicles, transmissions which may unreasonably interfere with television or radio reception within the Properties, or other items which may unreasonably disturb other Owners or their tenants may be located, used or placed on any portion of the Properties without the prior written approval of the Board. No vehicles may be operated upon any portion of the Common Area not improved as a street or parking area without the prior written approval of the Board, which approval may be withheld for any reason whatsoever. Alarm devices used exclusively to protect the a a m security and contents of a vehicle, Lot or Common Area, are permitted, provided that such devices do not ram- a v produce annoying sounds or conditions as a result of frequently occurring false alarms. Vie.. a N r? 7.11 Exterior Maintenance and Repair. e No Improvement shall be permitted to fall into disrepair, and each such Improvement must at all ®_ times be kept in good condition and repair. It is the responsibility of the applicable Owner to maintain and i� repair (including painting and stucco repairs) the surface of any Association Property Wall which faces the e Lot (excluding wrought iron or glass surfaces which shall be maintained by the Association), regardless of whether such Association Property Wall is (i) located on the common property line separating the Common Area or Public Property from the Lot, or (ii) wholly or partially within the Public Property, Lot or Common Area immediately adjacent to such common property line. Such maintenance obligations shall C include without limitation the obligation to paint, stucco patch and otherwise protect and preserve such Association Property Wall surface from exposure to and deterioration by the elements. Owners shall be C responsible for maintenance, repair and replacement of the individual mailboxes, however, the Association shall be responsible for maintenance of mailbox stands and structures not maintained by an Owner. If any Owner permits any Improvement which is the maintenance responsibility of such Owner to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, after consulting with the Architectural Review Committee, and after affording the responsible Owner Notice and Hearing, may but need not, enter upon the affected Lot or Common Area for the purpose of correcting such condition, and the responsible Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner set forth in this Declaration, and the Owner of the offending Lot shall be personally liable for all costs and expenses incurred by the Association 38840Q3580I0 44 in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor. 7.12 Drainage. No one may alter or interfere with the rain gutters, downspouts, or drainage systems originally installed by Declarant or the Merchant Builders, or alter or interfere with the established drainage pattern over any Lot or Common Area, unless an adequate alternative provision is made for proper drainage. For the purpose hereof, "established" drainage means the drainage pattern and drainage Improvements which exist at the time the Lot or Common Area, as the case may be, is conveyed to the Owner by Declarant or a Merchant Builder. There shall be no violation of the drainage requirements of the City or other applicable Local Governmental Agency, notwithstanding any approval by the Architectural Review Committee. Each Owner, by accepting a grant deed to his Lot, acknowledges and understands that in connection with the development of the Properties, Declarant may have installed one or more "subdrains" beneath the surface of such Owner's Lot. The subdrains and all appurtenant Improvements constructed or installed by Declarant ("Drainage Improvements"), if any, provide for subterranean drainage of water from and to various portions of the Properties. To ensure adequate drainage within the Properties, it is essential that the Drainage Improvements, if any, not be modified, removed or blocked without having first made alternative drainage arrangements. Therefore, any damage or injury resulting from or arising in connection with the alteration, modification, removal or replacement of any Drainage Improvements on a Lot shall be the responsibility of the Owner of such Lot. 7.13 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system is permitted on any Lot or Common Area unless such system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendation of the applicable water or sewer district and any applicable governmental health authority having jurisdiction. 7.14 No Hazardous Activities. No activities may be conducted, nor may any Improvements be constructed, anywhere in the Properties which are or might be unsafe or hazardous to any Person, Lot, or Common Area in the Properties. 7.15 Unsightly Articles. No unsightly articles, including clotheslines and trash dumpsters (subject to Section 7.16), are permitted to remain on any portion of the Properties so as to be visible from any public or private street or from any other Lot or Common Area. Without limiting the generality of the foregoing, at all times refuse, garbage and trash must be kept in covered, sanitary containers designed for such purpose and located Illlll IIIIII �aa 1111 IN 1111111111111111111111111111111111 12 508 re9396F 3884012358010 45 within enclosed areas or areas screened from the view of any other Lot or Common Area. Trash containers may be exposed to the view of neighboring Lots or Common Area only when set out for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled trash collection hours). No exterior fires whatsoever are permitted within the Properties, except barbecue fires contained within receptacles commercially designed therefore, fire pits in enclosed areas designed so that they do not create a fire hazard, and other fires specifically authorized in writing by the Association, all of which are also subject to applicable ordinances and fire regulations. 7.16 Temporary Prefabricated StructureslDumpsters. Unless approved in writing by the Board, and then only in connection with Construction Activities approved by the Architectural Review Committee, no tent, shack, trailer or any temporary building, Improvement or structure, or prefabricated building or structure may be placed upon any portion of the Properties. No trash dumpsters are allowed in any driveway or other exposed areas, or any street (public or private) within the Properties for more than four (4) consecutive calendar days, unless first approved in writing by the Architectural Review Committee in connection with Architectural Review Committee approved Construction Activities, and then subject to such conditions and requirements as may be specified by the Architectural Review Committee. 7.17 No Mining or Drilling. No oil drilling, oil gas or mineral development operations, oil refining, geothermal exploration or development, quarrying or mining operations of any kind may be conducted upon the Properties, nor are oil, water or other wells, tanks, tunnels, mineral or geothermal excavations or shafts permitted upon or within five hundred feet (500') of the surface of any portion of the Properties. 7.18 Improvements and Alterations. No excavation, construction, painting, alteration or erection of any projection which in any way alters the exterior appearance of any Lot or Common Area from any public or private street, or from any other Lot or Common Area (other than minor repairs or rebuilding pursuant to Section 7.11) is permitted without the prior approval of the Architectural Review Committee pursuant to Article Vill hereof. All Improvements and alterations are subject to the setback, sideyard and other requirements of the County or other Local Governmental Agency, notwithstanding any approval by the Architectural Review Committee. 7.19 Solar Heating Systems. Solar heating systems may be installed on individual Lots or Common Areas, provided that such heating systems comply with all applicable governmental requirements and regulations and have been zea 1111111111NI1111IN11111111111113111111111111111111 5sof S 12/3 V 2061 08 - e0P 38940¢35801 s 46 approved by the Architectural Review Committee based on reasonable architectural review standards consistent with applicable law. 7.20 VIEWS. There are no views in the Properties which are protected to any extent by this Declaration, and no Owner who becomes subject to the terms hereof shall thereby obtain any view rights whatsoever. Each Owner, by accepting a deed to a Lot or Common Area acknowledges that any construction or installation by Declarant or a Merchant Builder or by other Owners following Architectural Review Committee approval as provided in Article Vlll hereof may impair the view of such Owner, and each Owner hereby consents to such impairment. 7.21 Rights of Handicapped. Subject to the provisions of Article VIII hereof, each Owner may modify his Lot, at his sole cost and expense, in order to facilitate access to the Residence by person who are blind, visually handicapped, deaf or physically disabled, or to alter conditions which could be hazardous to such persons, in accordance with Section 1360 of the California Civil Code or other applicable law or ordinance. 7.22 Party Walls. Each wall or fence which is placed on the dividing line between Lots is a "Party Wall", and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply thereto. 7.22.1 Sharing or Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connect by such Party Wall. However, each Owner shall be solely responsible for repainting the side of any Party Wall facing his Lot. 7.22.2 Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot which is affected thereby shall contribute equally to the cost of restoration thereof without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 7.22.3 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section 7.22 is appurtenant to the land and passes to such Owner's successors in title. 18BI IIII{I IN oil 111111111111111111111111111111 IN << zaa 580 f 9'OOA 38840@3580lv5 47 7.23 Damage to Residences -Reconstruction. Ifall or any portion of any Lot or Residence is damaged or destroyed by fire or other casualty, the Owner of such Lot or Residence shall rebuild, repair or reconstruct the Lot or Residence in a manner which will restore them substantially to their appearance and condition immediately prior to the casualty or as otherwise approved by the Architectural Review Committee. The Owner of any damaged Lot or Residence and the Architectural Review Committee shall proceed with all due diligence, and the Owner shall cause reconstruction to commence within six (6) months after the damage occurs and to be completed within twelve (12) months after damage occurs, unless prevented by causes beyond such Owner's reasonable control. A transferee of the Lot which is damaged or upon which is located a damaged Residence shall commence and complete reconstruction in the respective periods which would have remained for the performance of such obligations if the Owner of the Lot at the time of the damage still held title to the Lot. However, no such transferee may be required to commence or complete such reconstruction in less than thirty (30) days from the dale such transferee acquired title to the Lot. ARTICLE VIII ARCHITECTURAL CONTROL 8.1 Members of the Architectural Review Committee. The Architectural and Landscaping Committee, sometimes referred to in this Declaration as the "Architectural Review Committee", shall consist of three (3) members; provided, however, that such number may be changed by resolution of the Board so long as the Architectural Review Committee never consists of greater than five (5) nor fewer than three (3) members. Members of the Architectural Review Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Architectural Review Committee for all purposes, including the submission of plans for approval, at the principal office of the Association as designated by the Board pursuant to the Bylaws. Declarant may, in a Supplemental Declaration, create a separate Architectural Review Committee ("Separate Committee") from the area annexed to the Properties through such Supplemental Declaration ("Separate Area"). The Separate Committee shall have sole architectural control pursuant to this Article VIII over the Separate Area and the Architectural Review Committee shall have no control or jurisdiction over Construction Activities (as defined below) or otherwise over the Separate Area. If a Separate Committee is created, the provisions of this Article VIII shall apply to the Separate Committee which shall be deemed the "Architectural Review Committee" for all purposes hereunder regarding the Separate Area. However, members of the Separate Committee appointed pursuant to Subsection 8.2.2 below, shall be solely Owners of Residences in the Separate Area. IIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 122e055 of q3 38840Q35801 v5 48 8.2 Rights of Appointment. 8.2.1 By Declarant. Declarant may appoint and remove a majority of the members of the Architectural Review Committee, which appointees need not be Members of the Association, until the earlier to occur of (i) the date on which Close of Escrow has occurred for the sale of 737 Lots in the Properties, or (ii) the fifth (5'h) anniversary of the first Close of Escrow for the sale of a Lot in the Phase of Development for which a Public Report was most recently issued by the DRE, or (iii) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties or Annexable Area. 8.2.2 By the Board. The Board may appoint and remove those members of the Architectural Review Committee which Declarant is not authorized to appoint or elects not to appoint until such time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Architectural Review Committee. Architectural Review Committee members appointed by the Board must be Members of the Association at all times during their service on the Architectural Review Committee, and shall serve for a term of one (1) year or until their respective successors are appointed. 8.2.3 Notice of Appointment. Whenever an Architectural Review Committee member is appointed or removed while both Declarant and the Board, have rights of appointment, written notice of such appointment or removal must be given by the appointing party to the other party. 8.3 Review of Construction Activities. Subject to Article X of this Declaration, no construction, development, painting, alteration, grading, addition, installation, excavation, modification, decoration, redecoration or reconstructions of an Improvement in the Properties or the Common Area, or any other activity within the jurisdiction of the Architectural Review Committee pursuant to this Declaration (collectively "Construction Activities") may be commenced or maintained until the plans and specifications therefore showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Architectural Review Committee and approved in writing by the Architectural Review Committee. Construction Activities include the construction, installation, alteration and, modification of solar energy systems, as defined in Section 801.5 of the California Civil Code, subject to the provisions of California Civil Code Section 714 and other applicable governmental laws, ordinances and regulations. 8.3.1 Architectural Review Committee Rules. Subject to Subsection 10.1.5, the Board may adopt, supplement and amend Architectural Review Committee Rules which impose design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Architectural Review Committee and the Owners in connection with Construction Activities. 111111111111111IN 111111111111111111111111111111 III «200 s of 93P9F 38840\23580lv5 49 8.3.2 ExemptionsIDeclarant Approval. Notwithstanding any other provision of the Restrictions, Decarant and Merchant Builders need not seek Architectural Review Committee approval with respect to their construction or development activities, including without limitation any activity which would be classified as a "Construction Activity'. However, Merchant Builders must obtain Declarant's written approval of all construction and development activities as if such activities were "Construction Activities" hereunder and Declarant was the "Architectural Review Committee". The Declarant's approval rights in the preceding sentence are in addition to and shall not affect any other rights of Declarant under other written agreements between Declarant and Merchant Builders. 8.4 Applications. The Person submitting plans and specifications to the Architectural Review Committee ("Applicant") must obtain a dated, written receipt for such plans and specifications and furnish the Architectural Review Committee with the address to which further communications from the Architectural Review Committee are to be directed. The Architectural Review Committee Rules may set forth procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Architectural Review Committee approval is not required), or establish additional factors which the Architectural Review Committee will take into consideration in reviewing submissions. The Architectural Review Committee Rules may provide that the amount of any Architectural Review Committee fee shall be uniform, or that it may be determined in any other reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans. 8.4.1 Criteria. The Architectural Review Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Architectural Review Committee. The Architectural Review Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Architectural Review Committee Rules; (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance of the surrounding area or the Properties as a whole; (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures; (iv) the Construction Activity and the product thereof will not detract from the beauty, wholesomeness and attractiveness of the Common Area or the enjoyment thereof by the Members; and, (v) the upkeep and maintenance thereof will not become a burden on the Association. 8.4.2 Conditions. The Architectural Review Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) the Applicant's furnishing the Association with a bond or other security acceptable to the Architectural Review Committee in an amount 11111111111ININ11111III111111111111111111p 2oe5s5r' 1213 31i2001 00 00fl 38840V35801 v5 50 reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Properties or damage to the Common Area as a result of such work; (ii) such changes therein as it deems appropriate; (iii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Common Area; (iv) the Applicant's agreement to reimburse the Association for the cost of maintaining the Improvement; (v) the Applicant's agreement to complete the proposed work within a stated period of time; or, (vi) all of the foregoing, and may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. 8.4.3 Review Period. The Architectural Review Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, site plans, lighting plans, landscaping plans, elevation drawings and descriptions or samples of exterior materials and colors. Until the Architectural Review Committee receives all required plans and specifications, the Architectural Review Committee may postpone review of any plan submitted for approval or determination of exemption. The Architectural Review Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within thirty (30) days after the date of the receipt issued by the Architectural Review Committee for materials submitted to the Architectural Review Committee. Subject to appeal procedures which may be adopted by the Board as provided in Section 8.12, any application or request for certificate of exemption submitted fD OJ � m o pursuant to this Section shall be deemed approved, unless the Architectural Review Committee transmits mW written disapproval or a request for additional information or materials to the Applicant within thirty (30) days after the date of receipt by the Architectural Review Committee or the Applicant's submitted e materials. a a e 8.5 Meetings of the Architectural Review Committee. The Architectural Review Committee shall meet as necessary to perform its duties hereunder. The Architectural Review Committee may, by a unanimously adopted written resolution, designate one or more Architectural Review Committee Representative(s) (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Architectural Review Committee, except the recommendation of variances for Board approval pursuant to Section 8.10, In the absence of such designation, the vote or written consent of a majority of the members of the Architectural Review Committee constitutes an act of the Architectural Review Committee. Subject to the prior approval of the Board, the Architectural Review Committee may (i) engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Architectural Review Committee deems appropriate to assist the Architectural Review Committee and the Architectural Review Committee Representative in the evaluation of plans, specifications and other items 38840\2358010 51 submitted for Architectural Review Committee approval pursuant to this Declaration and (ii) assess an applicant a review fee reasonably related to the cost to engage such professionals. 8.6 No Waiver of Future Approvals. Architectural Review Committee approval of any proposals or plans and specifications or drawings for any Construction Activity done or proposed or in connection with any other matter requiring Architectural Review Committee approval does not waive any right to withhold approval or any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent. 8.7 Compensation of Members. The Architectural Review Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or similar professionals engaged to assist the Architectural Review Committee or the Architectural Review Committee Representative or to perform the function of the Architectural Review Committee Representative pursuant to Section 8.5 above. 8.8 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows: 8.8.1 Notice of Completion. The Architectural Review Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Architectural Review Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Architectural Review Committee has received written notice of such completion. The Architectural Review Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Architectural Review Committee. If the Architectural Review Committee finds that an Improvement was done without obtaining written approval of the plans therefore or was not done in substantial compliance with the plans approved by the Architectural Review Committee, it shall notify the Owner in writing of failure to comply with this Article Vill, specifying the particulars of noncompliance. The Architectural Review Committee may require the Owner to lake such action as may be necessary to remedy a noncompliance. 8.8.2 Noncompliance. If the Owner fails to remedy the noncompliance within sixty (60) days from the date the Architectural Review Committee's notice of noncompliance is deemed ill it 11111111 IIII 1111111111111111111111111111111111 12 3905 eofe93 8`agn 38840\235801 v5 52 received by the Owner, the Architectural Review Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Owner roust remedy or remove the same within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Owner. If the Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance. 8.8.3 Compliance. If the Architectural Review Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans. 8.8.4 Prosecution of Work. The Architectural Review Committee approval for any particular Construction Activity expires and the plans and specifications therefore must be resubmitted for Architectural Review Committee approval pursuant to this Article VIII if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months of the Architectural Review Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Architectural Review Committee approval, must be completed within one (1) year after the date on which the work commenced. 8.9 Scope of Review. The Architectural Review Committee shall review and approve or disapprove all plans submitted to it for any proposed Construction Activity solely on the basis of the considerations set forth in this Declaration. The Architectural Review Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements. The Architectural Review Committee may consider reasonable privacy right claims as factors in reviewing, approving or disapproving any proposed Construction Activities, However, Declarant and the Merchant Builders do not warrant any protected views within the Properties and no Lot, Residence or Common Area is guaranteed the existence or unobstructed continuation of any particular view. 8.10 Variances. The Architectural Review Committee may recommend variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when IIII IN 111111 III III 11111 II 111111 III 12/31 /2200 6- 0ofa 9 91 H'BBa 0 of 3 38340\2358DI v5 53 circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evidenced in writinc_i, and signed by at least two (2) officers of the Association certifying such Board approval. No violation of the covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Owner's obligation to comply with all governmental laws and regulations. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Board decisions relative to the granting of variances are final. 8.11 Pre -Approvals. Subject to Section '10.1.5, the Board may authorize the pre -approval of certain specified types or classes of Construction Activities in the Architectural Review Committee Rules if, in the exercise of the Board's judgment, pre -approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration. 8.12 Appeals. For so long as Declarant has the right to appoint and remove a majority of the Architectural Review Committee members, the Architectural Review Committee's decisions are final, and there is no appeal to the Board. When Declarant is no longer entitled to appoint and remove a majority of the Architectural Review Committee's members, the Board may adopt policies and procedures for the appeal of Architectural Review Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Architectural Review Committee decisions are final. ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA Damage to, destruction or condemnation of all or any portion of the Common Area shall be handled in the following manner: 9.1 Damages by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Common Area not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or IIII I ol1111111IN 111111111111111111111111111111 N� 1? za0 6 rag3a0e 38840\2358010 54 unauthorized or improper installation or maintenance of any Improvement by the Owner, his Family, guests, tenants or invites, or any other Persons deriving their right and easement of use and enjoyment of the Common Area from the Owner, or his Family and guests, both minor and adult. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment. t).2 Repair of Damages If Common Area Improvements, which are the maintenance responsibility of the Association, are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Common Area Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners (for example, Owners located in a Cost Center will pay their proportionate share of any Reconstruction Assessment attributable to their Cost Center Improvements, and Owners not located in such Cost Center are exempt from such Reconstruction Assessment). Any restoration or repair of the Common Area Improvements after damage due to an insurable hazard will be performed substantially in accordance with the original plans and specifications unless other action is approved by holders of fifty-one percent (51 %) of the first Mortgages on Lots subject to Common Assessments for the maintenance of such Common Area. 9.3 Condemnation. If all or any portion of the Common Area, or any interest therein, is taken by rights of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the appropriate Operating Fund. No Member (other than a Person on whose Lot or Common Area easement affected by a condemnation may be located) may participate as a party, or otherwise, in any proceedings relating to such condemnation. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members. � IIlIII IIIIII0111IIIV IIIIII �� 200 Il01111111111111111111111 t� 5 eof 93eeR 38840@358010 55 9.4 Notice to Owners and Listed Mortgages. The Board immediately upon learning of any taking by eminent domain of any Common Area, or any threat thereof, shall promptly notify all Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all Record holders of first Mortgages on such Owners' Lots. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Common Area, shall promptly notify all Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all holders, insurers, and guarantors of first Mortgages on Lots who have filed a written request for such notice. ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION 10.1 Interest of Declarant. The First Subdivision is a portion of a larger parcel of land which Declarant is developing into a planned community. Declarant in cooperation with the City has created a comprehensive specific plan for the development of the Properties formulated for the common good and preservation of property values within the community. Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any amendments thereto and any Supplemental Declarations Recorded pursuant to this Declaration. Notwithstanding any other provisions of the Restrictions, until the earlier to occur of (i) annexation of all of the Annexable Area and commencement of assessments therein, or (il) the twenty-fifth (25'r) anniversary of the first Close of Escrow in the Properties, the following actions, before being undertaken by the Members or the Association, must first be approved in writing by Declarant: 10.1.1 Specified Approvals. Any amendment or action requiring the approval of Declarant pursuant to this Declaration, including without limitation all amendments and actions specified in Section 13.2.2, and any amendment or action requiring the approval of first Mortgagees pursuant to this Declaration, including without limitation all amendments and actions specified in Sections 13.2.3 and 13.3. The Association must provide Declarant with all notices and other documents to which a Beneficiary is entitled pursuant to this necessity of a written request; 10.1.2 Annexation. The annexation to the Properties of Other Area (not Annexable Area) pursuant to Section 2.3; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJill IIIIIIIII 1212001-2 eos9GOA 3 3884OU358010 56 10.1.3 Capital Improvement Assessments. The levy of a Capital Improvement Assessment for the construction of new facilities not originally included in the Common Area; 10.1.4 Service/Maintenance Reductions. Subject to Section 6.6 regarding limitations on yearly Common Assessment increases, any significant reduction of Common Area maintenance or other services or entering into contracts for maintenance or other goods and services benefiting the Association or the Common Area at contract rates which are fifteen percent (15%) or more below the reasonable cost for such maintenance, goods or services as determined pursuant to the cost guidelines described in Section 6.6.4; 10.1.5 Architectural Review Committee Rules. The adoption of and any supplement or amendment to the Architectural Review Committee Rules, including any pre -approval authorization pursuant to Section 8.11; or 10.1.6 Association Guidelines. Any supplement to or amendment of the Association Guidelines. 10.2 Exemptions. Nothing in the Restrictions limits and no Owner or the Association will interfere with the right of Declarant and Merchant Builders, either directly or through their respective agents and representatives, to subdivide, re -subdivide, sell, re -sell, rent or re -rent any portion of the Properties, or the right of Declarant or a Merchant Builder to complete excavation, grading, construction of Improvements or other development activities to and on any portion of the Properties owned by Declarant or a Merchant Builder, as applicable, or to alter the foregoing and the construction plans and designs, or to construct such additional Improvements as Declarant or a Merchant Builder deems advisable in the course of developing the Properties so long as any Lot in the Properties or any portion of the Annexable Area is owned by Declarant or a Merchant Builder. These rights include, but are not limited to, carrying on by Declarant, the Merchant Builders and their respective agents and representatives of such grading work as may be approved by the City or other Local Governmental Agency having jurisdiction, and erecting, constructing and maintaining on the Properties such structures, signs and displays reasonably necessary for the conduct of the business of completing the work and disposing of the Properties and the Annexable Area by sale, lease or otherwise. Each Owner, by accepting a deed to a Lot, acknowledges that any construction or installation by Declarant or a Merchant Builder may impair the view of such Owner, and each Owner consents to such impairment. This Declaration does not limit the right of Declarant or a Merchant Builder, at any time prior to acquisition of title to a Lot by a purchaser from Declarant or a Merchant Builder, to establish on that Lot, as the case may be, additional licenses, easements, reservations and rights -of -way to itself, to utility M �III��IIIf�IIIIIN11111111NI1111111111111111111 IP 36 eof093 38840U35901 v5 57 companies, or to others as reasonably necessary to the proper development and disposal of the Properties and Annexable Area provided, however, if VA or FHA has issued a "project approval" (as described in Section 2.3.6 hereof) with regard to any Planned development in the Properties which is to be subject to any of the actions described herein, then FHA, VA or both shall have the right to approve any such grants as provided herein. Prospective purchasers, Declarant and Merchant Builders may use any and all portions of the Common Area for access to the sales and leasing facilities of Declarant and Merchant Builders. Declarant and Merchant Builders may use any structures or vehicles owned, respectively, by Declarant or Merchant Builders in the Properties as model home complexes, or real estate sales or leasing offices; provided that such uses within the Properties shall terminate on the twenty- fifth (25t°) anniversary of the first Close of Escrow for the sale of a Lot on the Properties pursuant to a transaction requiring the issuance of a Public Report, at which time Declarant and Merchant Builders shall restore their respective structures to their previous appearance. Any exemption of Merchant Builders pursuant to this Section 10.2 shall not apply to any Declarant architectural approvals which are required of Merchant Builders pursuant to Section 8.3. All or any portion of their rights of Declarant or a Merchant Builder, as applicable, hereunder and elsewhere in these Restrictions may be assigned by Declarant or such Merchant Builder, as applicable, to any successor in interest to any portion of Declarant's or Merchant Builder's interest in any portion of the Properties or the Annexable Area (including, without e limitation, to any Merchant Builder) by an express Recorded written assignment which specifies the rights N0` Q of Declarant or such Merchant Builder so assigned. Notwithstanding any other provision of this yiO N� Declaration, for so long as Declarant owns any portion of the Properties or the Annexable Area, ti M Declarant's prior written approval is required before any amendment to this Article X is effective. 10.3 Easement Relocation. Common Area comprising easements over real property the fee title to which has not been made a subject to the Declaration ("Interim Easement Area") may be relocated, modified or terminated by Declarant to accommodate the final plan of development for the future Phase of Development in which the Interim Easement Area is located. Such relocation, modification or termination shall be set forth in the e Recorded instrument annexing fee title to the Interim Easement Area to the Declaration. Notwithstanding v the foregoing, no such relocation, modification or termination shall prevent access to any Lot. s v 10A Entry Gate Operations. r Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring unrestricted access to the Properties to accommodate the construction and marketing of the Residences and development of the Properties. Therefore, notwithstanding any other provisions of the Restrictions, until the earlier to occur of (i) close of Escrow for the sale of all Residences in the Properties, and annexation of all the Annexable Area and commencement of assessments therein; or (ii) twenty-five (25) years following the first Close of Escrow 38840\235801 v5 58 for the sale of a Lot pursuant to a transaction requiring the issuance of a Public Report ("Marketing Period"), Declarant is entitled to control the operation of the entry gates which provide vehicular access to the Properties. During the Marketing Period Declarant may establish and change the hours of gate operation in its sole discretion without notice, and require that the entry gates by open to the general public to accommodate construction and marketing activities. ARTICLE XI INSURANCE 11.1 Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements installed by Declarant, any Merchant Builder or by the Association on the Common Area replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance. The policies insuring the Common Area must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds_; to repair or replace the property for which the insurance was carried. Premiums for all insurance carried by the Association area a Common Expense. 11.2 Insurance Obligations of Owners. Each Owner is responsible for insuring his personal property and all other property and Improvements within his Lot as required by this Declaration or the applicable Supplemental Declaration. Such policies shall not adversely affect or diminish any liability under any insurance obtained by or on behalf of the Association, and duplicate copies of such other policies shall be deposited with the Board upon the Board's request. If any loss intended to be covered by insurance carried by or on behalf of the Association occurs and the proceeds payable thereunder are reduced due to insurance carried by any Owner, such Owner shall assign the proceeds of such insurance to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. 11.3 Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, 11111111111111111 IN111111111111111 IIIIIIIII 111,e20066 of 9a�F 38840Q35801v5 59 apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following toss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or, (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager, Declarant, the Merchant Builders and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss. s � m'n 4 Q O 11.4 Liability and Other Insurance. Qw The Association shall obtain comprehensive public liability insurance, including medical payments v and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross -liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance: and v. other liability insurance as it may deem desirable, insuring each Owner, the Association, Board anti Association Manager, against liability in connection with the Common Area, the premiums for which are a Common Expense. The Board shall review all insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, e fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, including reserve funds, in the Association's or Association Manager's custody during the term of each bond. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots in the Properties, plus reserve funds. In addition, the Association shall continuously maintain in effect such casualty, flood and liability insurance and fidelity insurance coverage 38840\235801 v5 60 meeting the requirements for planned unit developments established by FNMA, GNMA, and FHLMC, so long as any of them is a Mortgagee or an Owner of a Residence in the Properties, except to the extent such coverage is not reasonably available or has been waived in writing by FNMA, GNMA and FHLMC, as applicable. 11.5 Notice of Expiration Requirements. If available, each insurance policy the Association maintains must contain a provision that said policy may not be canceled, terminated, materially modified or allowed to expire by its terms, without ten (10) to thirty (30) days prior written notice to the Board, Declarant, and to each Owner and Beneficiary, insurer and guarantor of a first Mortgage who has filed a written request with the carrier for such notice, and every other Person in interest who requests such notice of the insurer. ARTICLE XII GOLF CLUB FACILITIES 12.1 General. The Golf Club Facilities are not part of the Common Area and are not subject to this Declaration, and no provision of this Declaration gives, or shall be deemed to give, any Owner or Owner Representatives, of any Lot the right to use the Golf Club Facilities. Rights to use the Golf Club Facilities will be granted only to those Persons, and on those terms and conditions, as may be determined from time to time by the Golf Club Owner. By way of example, but not limitation, the Golf Club Owner shall have the right to approve users and determine eligibility for use, to reserve use rights, to transfer any or all of the Golf Club Facilities or operation thereof to anyone and on any terms, to limit availability of use privileges, and to require the payment of a purchase price, a membership contribution, an initiation fee, a membership deposit, dues, and/or use charges. Each Owner and occupant of any Lot hereby acknowledges that no right to the use or enjoyment of the Golf Club Facilities arises from ownership or occupancy of a Lot but arises, if at all, only from a membership agreement or other similar agreement with the Golf Club Owner. The Golf Club Owner shall have the right, from time to time in its sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of the Golf Club Facilities including, including, but not limited to, eligibility for and duration of use rights, categories of use, extent of use privileges, and number of users. The Golf Club Owner shall also have the right, in its sole and absolute discretion and without notice, to reserve use rights and to terminate use rights altogether, subject to the provisions of any outstanding membership documents. 12.1.1 Disclaimers Regarding Golf Facilities. All Persons, including all Owners, are hereby advised that no representations or warranties have been or are made by Declarant or any other Person with regard to the continuing ownership, operation or configuration of, or right to use, any Golf 1111111111111111111111111111111111111111111111111191 2200Ge'f 3a°n 38840\235801v5 61 Club Facilities within, near or adjacent to the Properties, whether or not depicted on any land use plan, sales brochure or other marketing display or map. No purported representation or warranty written or oral, in such regard shall aver be effective without an amendment hereto executed by Declarant. Further, the ownership, operation or configuration or, or rights to use, any Golf Club Facilities may change at any time and from time to time for reasons including, but not limited to (i) the purchase or assumption of operation of any Golf Facilities by an independent Person; (ii) the conversion of the Golf Club Facilities' membership structure; or (iii) the conveyance, pursuant to contract, option or otherwise, of the Golf Club Facilities to one or more affiliates, shareholders, employees or independent contractors of Declarant. As to any of the foregoing or any other alternative, no consent of the Association or any Owner shall be required to effectuate such transfer. No Owner shall have any ownership interest in any Golf Club Facilities solely by virtue of (i) his, her or its membership in the Association or (ii) his, her or its ownership, use or occupancy of any Lot, or portion thereof. 12.2 Reservation. Declarant hereby reserves unto itself and its successors and assigns, together with the right to grant and transfer the same to the Golf Course Owner, and does hereby grant to the Golf Course Owner, a non-exclusive easement over those portions of the Properties adjacent to the Golf Club Facilities for the flight of golf balls, and for the maintenance and encroachment of golf course irrigation systems, water mains, water pumps, electrical lines, communication lines and facilities and golf cart paths. 12.2.1 Rights of Access and Parking. The Golf Club Facilities members (regardless of whether such members are Owners), employees, agents, contractors, and designers shall at all times have a right and nonexclusive easement of access and use over all roadways located within the Properties as reasonably necessary to travel to and from any entrance within the Properties to and from the Golf Club Facilities and, further, over those portions of the Properties reasonably necessary to the operation, maintenance, repair, and replacement of the Golf Club Facilities, subject to the reasonable cost of maintaining those portions of the Properties. Without limiting the generality of the foregoing, members of the Golf Club Facilities and permitted members of the public shall have the right to park their vehicles on the roadways within the Properties at reasonable times before, during and after golf tournaments and other functions held at the Golf Club Facilities. 12.2.2 Limitations on Amendments. In recognition of the fact that the provisions of this Section are for the benefit of the Golf Club Facilities, no amendment to this Section and no amendment in derogation of this Section to any other provisions of this Declaration may be made, without the written approval thereof by the Golf Club Owner. The foregoing shall not apply, however, to amendments made pursuant to requirements of any Governmental Authority. 11111111111111111111111111111111111111111111111111111111z2B6l69 e939eR 66 0E - 38M\23580l v5 62 12.3 Golf Course Liabilities. Golf Club Owner intends to develop and operate the Golf Club Facilities for golfing and related uses. By accepting the deed to a Lot, each Owner, for himself and his Owner Representatives, hereby acknowledges, accepts and assumes the risk of any of the items set forth in below ("Golf Course Hazards".) Each Owner of a Lot and his Owner Representatives assumes the risk of any property damage, personal injury, creation or maintenance of a trespass or nuisance created by or arising in connection with the Golf Course Hazards (the "Assumed Risks") and releases, waives, discharges, covenants not to sue, indemnifies and agrees to hold harmless Declarant, the Association, the Board, the sponsor, developer, architect, designer, and contractor for the Golf Club Facilities, the members or authorized users and guests of the Golf Club Facilities, the Golf Club Owner, and each of their respective officers, directors, shareholders, affiliates, successors and assigns, and each of them, from any and all liability to the Owner or Owner Representatives for any losses, costs (including, without limitation, reasonable attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Risks. Notwithstanding the foregoing, however, in no event shall this Section relieve any golfer from any claims or liability under California law for any Golf Course Hazard caused by such golfer. The Golf Course Hazards shall include the following: 12.3.1 Errant Golf Balls. Owners of Lots, particularly Lots abutting the Golf Course, acknowledge the inherent risk of errant golf balls and assume and accept such risk. Owners acknowledge and accept the risk that golfers may attempt to retrieve errant golf balls from Lots and each Owner agrees to release and waive any claims Owner may have as a result of such retrieval. 12.3.2 View Impairment/Privacy. Owners of Lots, including Owners of Lots abutting the Golf Club Facilities, have no guarantee that their view over and across the Golf Club Facilities will be forever preserved without impairment or that the view from the Golf Club Facilities will not be impaired. The developer or owner of the Golf Club Facilities has no obligation to prune or not prune trees or other landscaping and such owner has reserved the right, at its sole and absolute discretion, to add, change or reconfigure the golf course and other related facilities, including any trees, landscapes, tees, bunkers, fairways and greens. 12.3.3 Treated Wastewater. The Golf Club Owner may use reclaimed and treated wastewater to irrigate the Golf Courses and related landscaping and the Owners of Lots acknowledge, accept the use and assume the risk of such reclaimed and treated wastewater. 12.3.4 Pesticides and Fertilizers. Pesticides, fertilizers and other chemicals will be utilized in connection with the operation of the Golf Course and related landscaping and the Owners of Lots acknowledge, accept the use, and assume the risk of such pesticides, fertilizers and chemicals. � IIIIII IIIIII IN IN 111111111111111111111111111111 IN eel2 9af 3B8H 38840\2358010 63 12.3.5 Overspray. Owners of Lots, particularly Owners of Lots abutting the Golf Courses, may experience "overspray' from the Golf Course irrigation system, and such Owners acknowledge, accept and assume the risk of such "overspray. 12.3.6 Noise and Light; Tournaments. Owners of Lots, particularly Owners of Lots in proximity to the clubhouse of the Golf Club Facilities may be exposed to lights, noise or activities resulting from use of the Golf Course for tournaments, from use of the clubhouse for dining and entertainment and use of the parking lot, and such Owners acknowledge, accept and assume the risk of such light, noise and/or activities. Declarant shall also have the right to sponsor and conduct golf tournaments at the Golf Club Facilities and in connection therewith to erect temporary tents and other structures necessary or convenient to stage and operate such tournaments, and such Owners acknowledge, accept and assume the risk of any noise, inconvenience or other impact of any such golf tournaments. 12.3.7 No Access. The Owner of each Lot abutting any portion of the Golf Club Facilities, by accepting a deed to his Lot, acknowledges that the Golf Club Owner does not permit access to any portion of the Golf Club Facilities directly from any other Lot. Such Access is permitted only through the clubhouse and such other entry points as the Golf Club Owner may from time to time specifically designate. Accordingly, each Owner of a Lot abutting any portion of the Golf Club Facilities agrees not to access the Golf Club Facilities directly from his Lot and shall not permit any of his family, guests, invitees or any other person to do so. The Association shall have the right to enforce this access restriction directly against any Owner who violates it by any and all means authorized in this Declaration. 12.3.8 Maintenance. The Golf Club Facilities, including without limitation, the Golf Course requires daily maintenance, including mowing, irrigation and grooming, during early morning and evening hours, including without limitation, the use of tractors, blowers, pumps, compressors and futility vehicles. Owners of Lots, particularly Owners of Lots in proximity to the Golf Courses, will be exposed to the noise and other effects of such maintenance, and such Owners acknowledge, accept and assume the risk of such noise and other effects. II�IIIoIIiII 2BA 11II IN IIIIII11111I1111IIIIlIIII IN IN 12?001r0R3 3884OV35801 vs 64 ARTICLE XIII MISCELLANEOUS 13.1 Term and Termination. This Declaration continues in full force until a Declaration of Termination satisfying the requirements of an amendment to this Declaration as set forth in Section 13.2 of this Declaration is Recorded. 13.2 Amendments. 13.2.1 Before Close of First Sale. Before the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration and any amendments to it may be amended in any respect: or revoked by the execution by Declarant and any Mortgagee of record of an instrument amending or revoking the Declaration. Before the close of the first sale of a Lot in a second or subsequent phase of the Project to a purchaser other than Declarant or a Merchant Builder, any Supplemental Declaration recorded pursuant to Article II with respect to such phase may be amended in any respect or revoked by the s N a execution of an instrument amending or revoking the Supplemental Declaration by Declarant, Merchant m Builder (if applicable) and any Mortgagee of record of the Property described in the Supplemental Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration v and its amendments and shall be acknowledged and recorded in the office of the Riverside Cour*1 e� Recorder. 13.2.2 After Close of First Sale. e. After the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration may be amended or revoked in any respect by the vote or written consent of the holders of not less than sixty-seven percent (67%) of the voting rights of each class of Owners, or if a single class of Owners is then in effect, by the vote or written consent of not less than (i) sixty-seven percent (67%) of all the votes and (ii) fifty-one percent (51 %) of the votes excluding Declarant C and any Merchant Builder. However, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under a such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, if the consent or approval of any governmental authority, Mortgagee, or other person, firm agency, or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revocation subsequent to the close of 38840\235801v5 65 such first sale shall be evidenced by an instrument certified by the Secretary or other duly authorized officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the Riverside County Recorder. 13.2.3 Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot, in any manner inconsistent with the provisions of this Declaration; provided that termination of a the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of sixty-seven percent (67%) of the first Mortgages at the time of such amendment. Any approval by a holder, insurer or guarantor of a first Mortgage required under this Section 13.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder, insurer or guarantor does not submit a written response to the notice. 13.2.4 FHA/VA Approval. So long as there is a Class B membership, any amendment to this Declaration shall require the prior written approval of the FHA or VA. A draft of any proposed amendment must be submitted to the FHA or VA for its approval prior to Recordation. In addition, FHA or VA approval is required for any merger, consolidation or dissolution of the Association; dedication, conveyance or mortgage of the Association Property; annexation of property in which FHA or VA guaranteed loans will be provided; or amendments to annexation documents or amendments previously approved by FHA or VA. 13.2.5 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing sixty-seven percent (67%) of the Lots have voted for any amendment adopted as provided above, when Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders, guarantors or insurers of first Mortgages shall include a certification that the requisite approval of the City, and such holders, guarantors or insurers of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIII 220073 f 9�OW 38840V358010 66 132.6 Reliance on Amendments. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. 13.3 Notification of Sale of Lot; Transfer Fee. No later than thirty (30) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferor or the transferee shall notify the Golf Club Owner and the Association in writing of (a) the name and address of the transferee and transferor, (b) the date on which such sale or transfer is to be or was consummated, (c) a statement, executed by the transferee, that the transferee has received, and acknowledges receipt of a copy of this Declaration, the Bylaws, Articles of Incorporation and other governing documents, (d) a statement, executed by the transferee, that the transferee agrees to be bound by all of the provisions of the Declaration, the Bylaws, Articles of Incorporation and other governing documents, and (a) the name and address of any Mortgagee of such transferor and transferee. Any outstanding and unpaid Assessments shall be paid to the Association prior to the transfer of such Lot. Unless and until such notice is given and any unpaid Assessments have been paid to the Association on behalf of the transferor, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to (a) receipt of any such notification by the Association, (b) the payment of Assessments by the transferor, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor. By acceptance of a deed for a Lot, each Owner acknowledges that the Golf Club Facilities enhance the value and reputation of the Properties, and that each Lot is benefited by the open space of the Goff Club Facilities much as a large adjacent park benefits and enhances the value of surrounding property. For so Kong as and in consideration that the Golf Club Facilities are operated as landscaped open space, each Owner (other than a Merchant Builder or an institutional Mortgagee) hereby covenants, upon the transfer of a Lot, to pay to the Golf Club Owner a fee equal to one eighth of one percent (.00125%)of the purchase price paid or payable by the transferee of the Lot. This covenant shall (1) run with each Lot; (2) be binding upon all persons having any right, title or interest in a Lot, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of Golf Club Owner, and its successive successors -in -interest; and (4) may be enforced by the Golf Club Owner. 13.4 Mortgagee Protection -General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the Beneficiary under any Deed of Trust made in good 11 IN 1111111111111 HE 111111111111 IN 12 I'll 95f a 93 a� 38840\23580N5 67 faith and for value, and Recorded prior to the Recordation of such amendment (or a Notice of Lien Recorded pursuant to Section 6.11). In addition, no amendment of this Declaration shall be made which materially and adversely affects the rights of the Beneficiary under any Deed of Trust which is Recorded prior to this Declaration, without obtaining the prior written consent of such Beneficiary. After the foreclosure of any such Deed of Trust such Lot remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce FHLMC, GNMA, FNMA, VA and FHA to participate in the financing of Lots within the Properties, the following provisions are added hereto (and to the extent theses added provisions, pertaining to the rights of Mortgagees, FHLMC, FNMA, GNMA, VA and FHA, conflict with any other provisions of this Declaration or any other of the Restrictions, these added restrictions shall control): 13.4.1 Notice of Default. Each Beneficiary, insurer and guarantor of a first Mortgage encumbering any Lot, upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot securing the respective first Mortgage; (ii) any delinquency of sixty (60) am days or more in the performance by the Owner of such Lot of any obligation arising pursuant to this N a�Q,N 0W Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot securing the respective first Mortgage, which notice each Owner herby consents to and authorizes; (iii) e� a a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the ve Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees. s 13.4.2 First Refusal Exemption. Every Owner, including every first Mortgagee or a Mortgage encumbering any Lot, which obtains title to such Lot pursuant to the remedies provided in such s Mortgage, or pursuant to foreclosure of the Mortgage, or by deed (or assignment) in lieu of foreclosure, is v exempt from any "right of first refusal:' e e 13.4.3 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot and Recorded prior to a Notice of Lien which obtains title to such Lot pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot free and clear of any claims for unpaid assessments or charges against such Lot which accrued prior to the time such Mortgagee acquires title to such Lot in accordance with Section 6.16. 13.4.4 Books and Records. All Beneficiaries, insurers and guarantors of first Mortgages on Lots, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, 38840\235801 v5 68 and may require the Association to submit an annual audited financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty (120) days of the end of the fiscal year. 13.4.5 Mortgagee Notices. All beneficiaries, insurers and guarantors of first Mortgages of Lots who have filed a written request with the Association shall be given (i) thirty (30) days written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws, and prior to the effective date of any termination of an agreement for professional management of the Properties following a decision of the Owners to assume self -management of the Properties, and (ii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Common Area whenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties.' 13.4.6 Common Area Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area. and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage m� N c on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed = immediate reimbursement therefore from the Association. u 13.5 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be ® delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been deposited in the United States Mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the Residence of such Person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. e= 13.6 Enforcement and Non -Waiver. a= 13.6.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the California Civil Code and Sections 13.6.8, 13,6.10 and 13.15 below, the Association, the successors -in -interest oif the Association, any Owner, Declarant and Merchant Builders (so long as Declarant or a Merchant Builder owns a Lot in the Properties or is entitled to add Annexable Area to the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. 39840\235801 vs 69 The City shall be entitled but not obligated to enforce all provisions of this Declaration required by the City as conditions to approval of development of the Properties. 13.6.2 Violations are Nuisance. Every act or omission whereby an provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 13.5.1 above. 13.6.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions. 13.6.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot, bring a suit at law to enforce each assessment obligation. 13.6.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof. 13.6.6 Special Assessment. If any Owner, his Family, guests, licensees, tenants or invitees violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws, suspend or condition such Owner's right (and the right of his Family, guests, licensees, tenants and invitees) to use any portion of the Common Area (other than streets and driveways providing access to such Owner's Lot). Any such suspension or conditional suspension shall be for a period of not more than thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any delinquent assessment) may be imposed for so long as the violation continues. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner, his Family or a resident of or visitor to his Lot, to comply with any provision of the Restrictions, other than Article VI hereof. Such fines or penalties may only be assessed by the Board after Notice and Hearing. 13.6.7 Alternative Dispute Resolution of Assessment Disputes. Disputes between an Owner and the Association regarding the assessments imposed by the Association may be submitted to alternative dispute resolution in accordance with Civil Code Section 1354 if such Owner pays in full (i) the amount of the assessment in dispute, (ii) any late charges, (iii) any interest, and (iv) all fees and costs associated with the preparation and filing of a Notice of Delinquent Assessment (including mailing costs � 111fll 111111 IN IN 111111111111111III III 111111 I11111,21,31 <<00?962 3e0R 38840\2358010 70 not to exceed the maximum amount allowed by law), and states by written notice that such amount is paid under protest, and the written notice is mailed by certified mail not more than thirty (30) days from the Recording of a Notice of Delinquent Assessment. Upon receipt of such written notice, the Association shall inform the Owner in writing that the dispute may be resolved through alternative dispute rescution as set forth in Civil Code Section 1354. The right of any Owner to utilize alternative dispute resolution under this Section may not be exercised more than two times in any single calendar year, and not more than three times within any five (5) calendar years. Nothing within this Section shall preclude any Owner and the Association, upon mutual agreement, from entering into alternative dispute resolution in excess of the limits set forth herein. An Owner may request and be awarded through alternative dispute resolution reasonable interest to be paid by the Association in the total amount paid under items (i) through (iv) above, if it is determined that the assessment levied by the Association was not correctly levied. 13.6.8 Notice of Noncompliance. After Notice and Hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Residence owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Residence and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied. 13.6.9 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of the Members (excluding the voting power of any Owner who would be a defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the use restrictions contained in Article VII, (ii) to enforce the architectural and landscaping control provisions contained in Article Vill, (iii) to collect any unpaid assessments levied pursuant to this Declaration, (iv) for a claim, the total value of which is less than five hundred thousand dollars ($500,000.00), or (v) as a cross -complaint in litigation to which the Association is already a parry. If the Association decides to use or transfer Reserve funds or borrow funds to pay for any litigation, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the reserve funds will be replaced or the loan will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will: be available at the Association's office. The accounting shall be updated monthly. zes 111111111111111 IN 1111111N111111111111111111111111I , e5f 9369fl 38840\23580lv5 71 13.7 Interpretation. 13.7.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California. 13.7.2 Restrictions Severable. Notwithstanding the provisions of Section 13.7.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. 13.7.3 Singular Includes Plural. Unless the content requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter. 13.7.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof. 13.7.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months or years, as applicable. 13.8 Reservation of Easements. Declarant and the Merchant Builders hereby reserve for the benefit of all of the Properties reciprocal easements for access, ingress and egress for all Owners to and from their respective Lots; for installation and repair of utility services; for encroachments of Improvements constructed by Declarant and Merchant Builders or authorized by the Architectural Review Committee over the Common Area; for drainage of water over, across and upon adjacent Lots and Common Area resulting from the normal use of adjoining Lots or Common Area; for necessary maintenance and repair of any Improvement constructed by Declarant or a Merchant Builder; easements as may be shown on any Recorded subdivision map or Recorded parcel map of any portion of the Properties; and for such other purposes specified in this Declaration. Such easements may be used by Declarant and the Merchant Builders, their successors, invitees and purchasers, the Association, and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Properties, for pedestrian walkways, vehicular access and such other purposes specked herein or reasonably necessary for the use, maintenance and enjoyment of a Lot 111111111111 IN INI IIII IIIIII IIIII III III II II II 2001-6527GO 62 12/_'.1i 790or 93 BOA 3884012358010 72 or the common Area. Declarant hereby reserves easements for the installation and maintenance of master antenna or master cable television antenna service, as provided in Section 3.8. 13.9 No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use. 13.10 Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties. Each Owner, by acceptance of a deed or other conveyance of a Lot, whether or not it shall be so expressed in any such deed or other instrument, acknowledges and understands the following. 13.10.1 Entry Gates. Vehicular access into the Properties may be controlled by electronically operated entry gates located at the private street entrances into the Properties, which facilities will have pedestrian gates that will not be controlled in any way, and will be open to the general public. There may be additional controlled access pedestrian gates at other location within the Properties. There are no assurances that entry gates will be staffed. If staffing is provided, the schedule for commencing gate staffing operations and the hours of staffing will be subject to change as development progresses and will be affected by the commencement of Common Assessments in future Phases of Development. Interim staffing may be provided by Declarant or the Merchant Builders, at their sole cost and discretion, as a part of development operations at the 'Properties. Interim gate staffing may be modified or eliminated at any time without notice. 13.10.2 Gate Operations During Marketing Period. Declarant reserves the right to limit the operation of any vehicular entry gates during the "Marketing Period" (as defined in Section 10.4) when Declarant or Merchant Builders are constructing and/or offering Residences for sale. During the Marketing Period the entry gates will be open to the general public including Declarant and Merchant Builder construction and model home traffic from the earlier to occur of 7a.m. or dawn to the later to occur of 7p.m. or dusk seven days a week. Declarant may change the hours of gate operation in its sole discretion and without notice to accommodate construction and marketing activities. 13.10.3 Security and Privacy Disclaimer. Entry gates and entry gate staffing services are not intended to provide security for persons, personal property or Residences within the Properties. Declarant, the Merchant Builders and the Association do not undertake to provide security for the 11 DI 118111111 IN111111111111111111111111111111111III 2001-652762 93Wfl 38840\2358010 73 Properties nor do they make any representations or warranties whatsoever concerning the effect the gates or gate staffing may have on vehicular and pedestrian access through the Properties or the privacy and safety of the Properties. 13.11 No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, except as specifically and expressly set forth in this Declaration and except as may be filed from time to time with the DRE or with any other governmental authority. 13.12 Standard of Care, Nonliability. 13.12.1 Scope of Powers and Standard of Care. (i) General Scope of Powers. Right's and powers conferred on the Board, the Delegates, the Architectural Review Committee or other Committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, Delegated, Architectural Review Committee or other Committees or representatives of the Association by the Restrictions or applicable law, the Board, Delegate and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. (ii) Business Affairs. This Subsection 13.12.1(ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances and Architectural Review Committee member actions. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial date, in each case prepared or presented by: (1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; 2ee �IIIIIIIillll��IN111INIIIIIIIIIIIIIIIIIIIIIIIIIIII reHt of93 aaA 38840\23580lv5 74 (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; (3) A Committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted; or (4) This Subsection 13.12.1(d) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule applicable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 13.12.1(ii). Association Governance. This Subsection 13.12.1(iii) applies to Board actions, Architectural Review Committee decisions and Covenant Committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. 13.122 Nonliability. (t) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts"), except to the extent that injuries OF damage result form the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct. The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Delegates, the Association's officers, the Manager of the Manager's staff. (ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortuous act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365.7 of the California Civil Code, as modified, amended, or replaced, are met. 1111111111111 Jill 11111111111111111111111111111111111111 l2111952762a0R 38840\23580lv5 75 13.13 Enforcement of Certain Bonded Obligations. If (i) the Common Area Improvements located on any Phase of Development of the Properties are not completed by the developer (Merchant Builder or Declarant, as the case may be) of such Phase of Development of the Properties (herein the "Developer'), prior to the issuance of a Final Subdivision Public Report for that Phase of Development by the ORE, and (it) the Association is obligee under a bond, letter of credit or other arrangement ("Bond") required by the ORE to secure performance of the Developers commitment to complete the Improvements, the following provisions of this Section will be applicable: 13.13.1 Board Action. The Board shall consider and vote on the question of Association action to enforce the obligations under the Bond, with respect to any such Improvement for which a Notice of Completion has not been filed, within sixty (60) days after the completion date specified for that Improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed, within thirty (30) days after the expiration of the extension. 13.13.2 Member Action. A special meeting of Members, for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the Board's failure to consider and vote on the question, shall be held no fewer than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by not less than Members representing not less than five percent (5%) of the Association total voting power. A vote of Members representing a majority of the Association voting power, disregarding any votes attributable to Lots owned by the Developer, to take action to enforce the obligations under the Bond shall be deemed the Association's decision, and the Board must thereafter implement this decision by initiating and pursuing appropriate action in the Association's name. 13.14 Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall prevail. In addition, if there are any conflicts or inconsistencies between this Declaration or any of the Restrictions, and any documentation executed by a Merchant Builder and Declarant in connection with the sale of any property in the Properties to the Merchant Builder (collectively "Development Documents"), as between Merchant Builder and Declarant, the terms and provisions of the Development Documents shall control. IIIOIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIII 69083 of 12/31/2001 08 eefl 03 of 93 38840\2358010 76 13.15 Dispute Resolution. Any disputes between all or any of the Association, Merchant Builders, Owner(s) and the Declarant or any director, officer, partner, employer, contractor, subcontractor, design professional, consultant or agent of the Declarant (collectively "Declarant Parties") arising under this Declaration or relating to the Properties (excluding disputes solely between Declarant and any other Declarant Party or Parties), shall be subject to the following provisions: (a) Construction Defect Disputes. Prior to the commencement of any legal action by the Association or any Owner(s) against a Merchant Builder, the Declarant or Declarant's Party based upon a claim for defects in the design or construction of any Residence, Common Area or Improvements thereon, the Association or Owner must first comply with the requirements of Civil Code Section 1375 (notwithstanding the fact that Section 1375 does not apply to Owners by its terms). If the parties are unable to resolve their dispute in accordance with the procedures established under Civil Codes Section 1375, the dispute shall be resolved in accordance with subsection (c) below and the parties shall each be responsible for their own attorneys' fees. (b) Other Disputes. Any other disputes arising under this Declaration or otherwise between the Association, any Owner, a Merchant Builder and the Declarant or a Declarant Party (except for action taken by the Association against Declarant for delinquent assessments, and any action involving any Common Area completion bonds)(excluding disputes between Declarant and any Merchant Builder) shall be resolved in accordance with subsection (c) below. The dispute resolution procedure in subsection (c) as it applies solely to the dispute under this subsection (b) shall be deemed to satisfy the alternative dispute requirements of Civil Code Section 1354, as applicable. (c) Judicial Reference. Any unresolved disputes under subsections (a) and (b) above, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure Section 638(1) and 641-645 or any successor statutes thereto. The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. The parties shall share equally in the fees and costs of the referee, unless the referee orders otherwise but shall each be responsible for their own attomeys' fees. The general referee shall have the authority to try all issues, whether of facto or law, and to report a statement of decision to the court. The parties shall use the procedures adopted by Judicial Arbitration and Mediation Services ("JAMS') for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties), provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise: 4 1 I 1 1 2601-652762 12 II'BIII I�I�II IIII'\I�III��fI��I1��II�I�I�III II I�'I /3t/eof 936P 84 3884OU35801 v5 77 (1) The proceedings shall be heard in the county in which the Project is loca'led, (2) The referee must be a retired judge or a licensed attorney with substantial experience in relevant real estate matters; (3) Any dispute regarding the selection of the referee shall be resolved by JAMS or the entity providing the reference services-, or, if no entity is involved, by the court with appropriate jurisdiction; (4) The referee may require one or more pre -hearing conferences; (5) The parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (6) A stenographic record of the trial shall be made, provided that the record shall remain confidential except as may be necessary for post -hearing motions and any appeals; (7) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and (8) The referee shall have the authority to rule on all post -hearing motions in the m same manner as a trial judge. �dm ma The statement of decision of the referee upon all of the issues considered by the referee is binding upon the Parties, and upon filing of the statement of decision with the clerk of the court, or with the judge N where there is no clerk, judgment may be entered thereon. The decision of the referee shall be appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties. The parties acknowledge and accept that they are waiving their right to a jury trial. Declarant has executed this instrument as ofe�_, 2001. ®_ DECLARANT e� ® Ni I, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Oh 611 ited liability company Its: Managing ember By: Name: I Brian J. Ellis Its: President and Chief Operating Officer 38840\235801 v5 78 STATE OF C-AHP9R41A dV1j0 ) i'I(UVjjdiY 1 ) ss: COUNTY OF ) before me, the undersi ned, a Notary Public in and for said County and State, personally appeared ntvi ,j _ �� , personally known to me (or 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. WITNESS my hand and official seal. O,spitlAL 5 ,4 ry Public I ) SARAN BOOR BENNETT : Notary pubic State of Olio `q O f My Comn*slon tmha M12.OS OF��J IIIIiI IIII Ilil II I IIIIII II III IIIiI III IIIII I III tz e 8 e�ea 3 5 of 9 38940%235801v5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY IN FIRST SUBDIVISION Lots 117 through 140, inclusive, 142 through 154, inclusive, 214 through 272, inclusive, and Lots E, F, H, K. R, S, CC, FF. KK, LL and MM of Tract No. 29894-2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California. IIIIII IIIIII III! IN 1111111111111111111111OIIII11IN ,,, zea -652762 8/31/2001 f0930BR 38840\2358010 A_t EXHIBIT "B" DESCRIPTION OF ASSOCIATION PROPERTY AND ASSOCIATION EASEMENT AREA IN FIRST SUBDIVISION Association Property: Lots E, F, H, K, R, S, CC, FF. KK, LL and MM of Tract No. 29894-2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California. Association Easement Areas: 1. The Association maintains an easement over Lots Q and EE of Tract No. 29894..2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California, pursuant to that certain Easement and Road Maintenance Agreement entered into by and between Declarant and the Association dated Q - Iq _ tM , and recorded on as Instrument No. (6,276-0 in the Official Records of Riverside County, California. 2. The Association maintains a view easement over Lots "A" and'W of Tract No. 29894-1 as per map recorded in Book 305, pages 14 through 22, inclusive, of Maps in the office of the County Recorder of Riverside County, California pursuant to that certain Maintenance and Irrigation Agreement and Easement entered into by and between NRI-LQLP Golf Properties, LLC and the Association dated 12-Vo -01 , and recorded on as Instrument No. in the Official Records of Riverside County, California. IIIIIIIIIlll11111 IN 1111111111111111111111111111111111 lzzeat9 go20930R 38840U3580lv5 B_1 EXHIBIT "C" DESCRIPTION OF ANNEXABLE AREA All of that certain Tract No. 29894-2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, Califomia, excepting therefrom Lots 117 through 140. inclusive, 142 through 154, inclusive, 214 through 272, inclusive, and Lots E, F, H, K, R, S, CC, FF, KK, LL and MM, thereof. I II�I�I I�IIIII III II III�II I�III�I IIIII II�IIII1'I III II 12 3H1�102fl0206eon 3 38840\23580M C-t SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229755, which Deed of Trust is between NRI-CCP I, LLC, a Delaware limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and Bank Midwest, N.A., as Beneficiary, as such Deed of Trust is modified by those two agreements executed by Trustor, Trustee and Beneficiary, the first of which was recorded on June 27, 2000, as Instrument No. 2000-247875, and the second of which was recorded on March 16, 2001, as Instrument No. 2001-108910; as further modified by that certain Loan Assumption Agreement dated June 21J, 2001 and executed by Truster, NRI-LQLP Golf Properties, LLC and Beneficiary, recorded June 29, 2001 as Instrument No. 2001-298682; and as further modified by that certain agreement dated June 29, 2001, executed by Beneficiary, NRI-CCP I, LLC and NR[-LQLP Golf Properties, LLC, and recorded on June 29, 2001 as Instrument No. 2001- 298683 (collectively, the "Deed of Trust"), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration"), --cord-- ryp0 „ , to which this Subordination is attached. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the real property described in Exhibit "A" attached to the Declaration, by foreclosure (whether judicial or non -judicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. In accordance with Section 13.4.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. Dated: 12 - Jul - 01 Bank Midwest, N.A. By: Name: J. Scott Gauldin Vice President IEIIII IIIIII IIII IIII 111111111111111111111111111111 IIII t 2iaA0 s0 ore sa eR 3884012358e10 STATE OF Missouri COUNTY OF Jackson ss: On Dec. 14 , 2001 before me, the undersigned, a Notary Public in and for said County and State, personally appeared J. Scott Gauldin , personally known to me (or 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. WITNESS my hand and official seal. t tary Public MARY THOMPSON W-Af—WTIc 6TATEeFwaW il U: t c0uNtY l'YCOLVY �&LRY sNLYL.in �IINIII01111IIIIIN1111111IN111111111111111111IINII t��91 �f 93 38840\23560lv5 SUBORDINATION The undersigned, as holder of the beneficial interest in and under thatcertain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229758, which Deed of Trust is between NRI-CCP 1, LLC, a Delaware limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and Nationwide Realty investors, Ltd., an Ohio limited liability company, as Beneficiary, as such Deed of Trust is modified by those two certain agreements, the first of which was executed by Trustor, Beneficiary and Trustee and recorded on June 27, 2000, as Instrument No. 2000-247872, and the second of which was executed by Trustor and Beneficiary and recorded on June 29, 2001, as Instrument No. 2001-298684 (collectively, the "Deed of Trust'), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration"), rae8Fda6 —rQ= Eatifofaia, to which this Subordination is attached. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the real property described in Exhibit "A" attached to the Declaration, by foreclosure (whether judicial or non -judicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. In accordance with Section 13.4.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. NationwidgNalty Investors, Ltd., an Ohio W6teb liability uAnanv z9ap IN1111111111111111111111111111111111 Sa93 38840\2358010 �r .UMi !r STATE OF (%f Ib ) �y� COUNTY OF - On 2091 before me, the ndersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or 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 persons) acted, executed the instrument. WITNESS my hand and official seal. �e20 Qy�� Notary Public / SARAH BOOR BENNETT Notary public Shia of Ohb �s p My Cmnmleslan t)PIM 08-12-00 \T� OF, Ovx IIIIIIIIIIIII9II 290 IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII t29 0of 930Bn 38840t2358010 RECORDING REQUESTED BY: NRI-CCP I, LLC 375 North Front Street Columbus, Ohio 43215 ,Q WHEN RECORDED RETURN TO: 4� After & Hadden LLP 725 South Figueroa St., Suite 3400 Los Angeles, CA 90017 Attn: Juliana Stamato, Esq. DOC is MOOI—SS2763 12/31/2001 08:00R Fee:15.00 Pape 1 of 4 Recorded In Offlclal Records County of Riverside Cary L. Orso Assessor, County Clark & Recorder 1111111111II1111IN1111111111111NIII1111111111111111 COLLATERAL ASSIGNMENT OF DECLARANT'S RIGHTS ; -r-1 FOR VALUE RECEIVED, NRI—CCP I, LLC, a Delaware limited liability company AK with a business address at 375 North Front Street, Columbus, Ohio 43215 ("Assignor") hereby assigns, conveys, transfers and sets over unto BANK MIDWEST, N.A. with a business address at 1100 Main Street, Kansas City, Missouri 64105 ("Assignee") as security for a loan from Assignee to Assignor pursuant to that certain Promissory Note dated June 15, 2000, as may be amended, modified or restated (the "Note") and that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229755, which Deed of Trust is between Assignor, as Trustor, Commonwealth Land Title Company, as Trustee, and Assignee, as Beneficiary, as such Deed of Trust is modified by those two agreements executed by Assignor, Trustee and Assignee, the first of which was recorded on June 27, 2000, as Instrument No. 2000-247875, and the second of which was recorded on March 16, 2001, as Instrument No. 2001-108910; as further modified by that certain Loan Assumption Agreement dated June 29, 2001 and executed by Assignor, NRI- LQLP Golf Properties, LLC ("Golf Properties") and Assignee, recorded June 29, 2001 as Instrument No. 2001-298682, and as further modified by that certain agreement dated June 29, 2001, executed by Assignor, Assignee and Golf Properties, and recorded on June 29, 2001 as Instrument No. 2001-298683 (collectively, the "Deed of Trust"), and hereby grants to Assignee a security interest in, all of Assignor's right, title and interest as the Declarant (collectively, the "Declarant Rights") in, to and under that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert recorded on —/��/U/ as Instrument No. a0U/-61;-a7(p� _ in the Office of the County Recorder of Riverside County, California (the "Declaration"). All capitalized terms used herein and not defined herein shall have the meanings ascribed to them in the Declaration. 1. Assignor's Rights Prior to Foreclosure. Until the occurrence of any one of the following under the terms of the Note and Deed of Trust, and any and all related documents (collectively the "Loan Documents"), any one of which shall constitute a "Foreclosure"' hereunder, Assignor shall retain, use and enjoy the benefits of the Declarant Rights, without any interference or claim of right thereto from Assignee whatsoever: 38840\236245v4 (a) Assignor shall execute and deliver to Assignee, in favor of Assignee or its nominee, a deed in lieu of foreclosure transferring Assignor's ownership interest in the Properties in which Assignor maintains an ownership interest; (b) Recordation of a sheriff's deed pursuant to a judicial foreclosure, in favor of Assignee, its nominee or any third party, transferring Assignor's ownership interest in the Properties; or (c) Recordation of a trustee's deed, pursuant to a non -judicial foreclosure in accordance with the terms of the Deed of Trust, transferring Assignor's ownership interest in the Properties in which Assignor maintains an ownership interest, to Assignee, its nominee or any other third party. 2. Assignee's Rights After Foreclosure. After the occurrence of a Foreclosure, Assignee, its nominee or any third party, may, at its option, exercise any and all of the Declarant Rights without any interference or objection from Assignor, and shall succeed to all of Assignor's interest, as Declarant under the Declaration, in and to the Properties. 3. Representations and Warranties: Assignor warrants and represents as follows: (a) It has taken all action necessary to authorize: the execution and delivery of this Assignment; (b) It has made no prior assignments of any of the Declarant Rights or ;any of its interest in and to the Declaration; and (c) All of Assignor's right, title and interest in and to the Declaration and the Declarant Rights are fully assignable to Assignee and Assignee may exercise and enjoy all rights and powers granted herein without the necessity of obtaining any consent or approval from the Association, any owner of such an interest in the Project or any other party. 4. Scope of Assignment. On and after a Foreclosure, Assignee shall hold Declarant's Rights with respect to the property which is then subject to the Declaration and with respect to property which may thereafter be annexed under the plan of the Declaration in accordance with the annexation provisions of the Declaration. 5. No Waiver. Nothing herein contained shall be construed as making Assignee a mortgagee in possession, or as constituting a waiver or suspension by Assignee of its right to enforce payment of the debts under the terms of the Note or any of the other Loan Documents. Assignee is not the agent, partner orjoint venturer of, or trustee for, Assignor, the Association, any owner of such an interest in the Project or any third party. 6. Construction. All of the powers herein granted to Assignee shall be liberally construed. When the context so requires, the singular shall include the plural and conversely, and use of any gender shall include all genders. I��III ��II�I 1111 O'lO Ih11l IIIIII1 IlJal I1I IIIII II I II I ie2002 of 4s3eaa 38840N21624SV4 7. Binding Effect. This Assignment and the covenants and agreements herein shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective successors and assigns. Assignee may assign its right, title and interest in the Declaration .and the Declarant Rights to any persons or entities in Assignee's discretion upon ten (10) days prior written notice to Assignor but without Assignor's consent and any such assignment shall be valid and binding upon Assignor as fully as if it had expressly approved such assignment. 8. Governing Law. This Assignment shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, Assignor has caused this Collateral Assignment of Declarant's Rights to be duly executed the 4&day of'bf&4nAW& , 2001. NRI-CCP I, LLC, a Delaware limited liability company By: Nationwide Ity Investors, Ltd., an Ohio limj ed liability company Its: Manasinet,Me ber /,6 n By: y V v •-V Name: rian J. Ellis Its: President and Chief Operating Officer I I 1I I 2891-652763 � I�jIp11pl jI II jjIj jilt IIIil111i 11i II�I12/3ti3 or 4 00fi 3994D1236245v4 STATE OF D"ip ) COUNTY OF Pm.i u i ` j ss: OnDCDD YlW j"I , 2001 before me, the undersigned, a Notary Public in and for said County and State, personally appeared S . F personally known to me (or 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 WITNESS my hand and official seal. SPaut SF . SARAH BOOR Notuy Pubk 5 `o My co TgTE OF II0IIIIIII1IIIIIII 3%x4at236245v4 WVMM Fj��I� •. IIII) III IIIII IIII �II l2 300 I2 95 09 60P 4 of 4 RECORDING REQUESTED BY NRI-CCP 1, LLC 375 North Front Street j� Columbus, Ohio 43215 Q� WHEN RECORDED RETURN TO COX, CASTLE & NICHOLSON LLP 19800 MacArthur Boulevard Suite 600 Irvine, California 92612-2435 ATTN: D. Scott Turner, Esq. HOC a 2001—G S2704 12/31/2001 08:00q Fse:30.00 Pape t of 9 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clark & Recorder 1111111111111111 IN 11111111111111111111111111111111111 WN WOMMIM - -- mm MEN IMMI MomMIMI E■N�� 5c 1I SUPPLEMENTARY DECLARATION OF ANNEXATION OF PROPERTY (Country Club of the Desert — Phase 2) This SUPPLEMENTARY DECLARATION OF ANNEXATION OF PROPERTY (Country Club of the Desert — Phase 2) (the "Supplementary Declaration') is made this ffliay of 176�arstt5trff , 2001_, by NRI-CCP I, LLC, a Delaware limited liability company ("Declarant'), whose address is 81-100 Avenue 53, La Quinta, California 92253. RECITALS A. Declarant subjected certain real property located in the City of La Quinta, County of Riverside, State of California, to that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration'), recorded on 062 J/ , 2001_, as Instrument No. �7&oa ^ in the Official Records of Riverside County, California. Unless otherwise defined herein, capitalized terms used herein shall have the same meaning as set forth in the Declaration. B. Declarant is the sole owner of the real property described in Exhibit "A" attached hereto (the "Phase 2 Property"). The Phase 2 Property comprises part of the Annexable Area as defined in Section 1.1 of the Declaration. Section 2.3 of the Declaration provides that Declarant may annex all or any part of the Annexable Property, including the Phase 2 Property, to the Declaration. Pursuant to Section 2.3.3 of the Declaration, the Phase 2 property is classified as set forth more fully at Exhibit `B". C. Declarant now desires to annex the Phase 2 Property under the plan of the Declaration. NOW, THEREFORE, the Phase 2 Property is hereby annexed under the plan of the Declaration, including, without limitation, provisions therein pertaining to architectural controls and use restrictions, and the Phase 2 Property shall be held, sold and conveyed subject to the easements, covenants, conditions and restrictions set forth in the Declaration, as the Declaration may be amended or supplemented from time to time, which are for the purpose of protecting the 38840\236222v3 value and desirability of, and which shall constitute equitable servitudes on, the Phase 2 Property and which shall run with the Phase 2 Property and be binding upon and inure to the benefit of all parties having any right, title or interest therein, or any part thereof, including their respective heirs, successors and assigns. IN WITNESS WHEREOF, Declarant has executed this instrument effective as of the day and year first written above. "DECLARANT" NRI-CCP I, LLC, a Delaware limited liability company By: Nationwide ally Investors, Ltd., an Ohio li itqd liabiliW company Its: ManaRmV M mber /j 1 ti By: v r Name: Tian 1. Ellis Its: President and Chief Operating Officer 1 II�I�� III�II IIII IIII IIII�I III�III IIIII �II IIII II I IIII I? ZBA 0 z 764 2fq BBR 38W\23G222v3 STATEOF DhO ss: COUNTYOF Rmldin OnDXMU-r lot, 2001 before me, the undersigned, a - Notary Public in and for said County and State, personally appeared — 720110 1 - e hs personally known to me (or 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/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WUNESS my hand and official sea]. 0. �ALAL SARAH BOOR BENNETT My Not" pu* ftte of OMO �OF 0 Co"ur"Dfl 12-06 38W\2362120 — O-WAM-1V!rOgF I -G52764 of 9 EXHIBIT "A" Legal Description of Phase 2 Propert Lots 273 through 308, inclusive, and Lots "G", "J" and "U" of Tract No. 29894-2, as per rnap thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California. 20GI-6527S4 w/11/2061 "6 �OR 4 N 9 WAR 11 38W\236222v3 A-t EXHIBIT "B" Classification of Phase 2 Property Residential Lots: Lots 273 through 308, inclusive, of Tract No. 29894-2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California. Common Area Lots: Lots "G", "J" and "U'of Tract No. 29894-2, as per map thereof recorded in Book 309, Pages 18 through 50, inclusive, of Maps in the Official Records of Riverside County, California. Public Property: None, EWI-652764 12"11"21901 GO OAR 1111 IN 1111111111111111111111111111111111 38940\236222v3 B-1 SUBORDINATION The undersigned, as holder of the beneficial interest in and tinder that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229755, which Deed of Trust is between NRI-CCP I, LLC, a Delaware limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and Bank Midwest, N.A., as Beneficiary, as such Deed ofTrust is modified by those two agreements executed by Trustor, Trustee and Beneficiary, the first of which was recorded on June 27, 2000, as Instrument No. 2000-247875, and the second of which was recorded on March 16, 2001, as Instrument No. 2001-108910; as further modified by that certain Loan Assumption Agreement dated June 29, 2001 and executed by Trustor, NRI-LQLP Golf Properties, LLCand Beneficiary, recorded June 29, 2001 as Instrument No. 2001-298682; and as further modified by that certain agreement dated June 29, 2001, executed by Beneficiary, NRI-CCP 1, LLC and NRI- LQLP Golf Properties, LLC, and recorded on June 29, 2001 as Instrument No. 2001-298683 (collectively, the "Deed of Trust"), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the Supplementary Declaration of Annexation of Property (Country Club of the Desert - - Phase 2) to which this Subordination is attached (the "Supplementary Declaration"), and to that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration"), recorded Dr�� -3 ,200 / , as Instrument No. -Zc 6-:;,? 761.;? in the Official Records of Riverside County, California. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the real property described in Exhibit "A" attached to the Declaration and/or the Supplementary Declaration, by foreclosure (whether judicial or nonjudicial), deed-m-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned wi H acquire title subject to the provisions of the Declaration and the Supplementary Declaration, which shall remain in ful I force and effect. in accordance with Section 13.4.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. Dated: / 2 - 1Q- 1� ( Bank Midwest, N.A. By: Nnmp- J.Scott Gauldin Its: Vice President: 2&01-652764 12,31/2001 &8 %R 38840%236222v3 1111 IN 6 of 9 STATEOF Missouri COUNTY OF Jackson ss: On Dec. 14 , 2001 before me, the undersigned, a Notary Public in and for said County and State, personally appeared J. Scott Gauldin personally known to me (or 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. WITNESS my hand and offici a] seal MAW THOMPSON NDVNpUqX.SyATE0FW39" JAMM�wy WOMAMS"EMMSAUMM 1111 IN 1111111111111111111111111111111111 38840\2362220 Nl�� Public SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229758, which Deed of Trust is between NRI--CCP 1, LLC, a Delaware limited liability company, as Truster, Commonwealth Land Title Company, as Trustee, and Nationwide Realty investors, Ltd., an Ohio limited liability company, as Beneficiary, as such Deed of Trust is modified by those two certain agreements, the first of which was executed by Trustor, Beneficiary and Trustee and recorded on June 27, 2000, as Instrument No. 2000-247872, and the second of which was executed by Trustor and Beneficiary and recorded on June 29, 2001, as Instrument No. 2001-298684 (collectively, the "Deed of Trust"), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the Supplementary Declaration Of Annexation Of Property (Country Club of the Desert — Phase 2) to which this Subordination is attached (the "Supplementary Declaration") , and to that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration"), recorded—]) 200 as Instrument No. in the Official Records of Riverside County, California. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the real property described in Exhibit "A" attached to the Declaration and/or the Supplementary Declaration, by foreclosure (whether judicial or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration and the Supplementary Declaration, which shall remain in full force and effect. In accordance with Section 13A.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. Nationwide an Ohio I im By: Name: Its: -P(z*AAW4- � CN6 Q* aaoi-652764 2/q t �209 1 013 W9 1111 lot lil 11111111111 38840\216222.3 STATEOF ss: COUNTY OF '1)?AfNM On 2001 before me,�be undersi�ned J. Al�qtary Public in and for said County and State, personally appeared CL -3, knilb personally known to me (or proved to me oA'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 hig/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. WITNESS my hand and official seal. P, SARAH BOOR BENNET-r 140blYPUbic State of oNo ,OF My comiftion tilms 08- 12-06 3994M2362220 On No�tary Public I jjjj�j 1111111 NOI-652764 1/290t Ge G&H 9 �f 9 rlvR I Recording Requested By and When Recorded Mai I To: Cox, Castle & Nicholson 19800 MacArthur Boulevard, Suite 600 Irvine, California 92715 Attn: Steven M. Muldowney, Esq. DOC o* 200Z-232:3Z93 03/14/2002 08:00A F**:28.00 Page I of 8 Recorded in Official Records County of Riverside Gary L. Qrso Assessor, County Clark & Recorder 111111111111 IN 111111111111111111111111111111111111 M I S U 11 ME CA Kok FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR COUNTRY CLUB OF THE DESERT This First Amendment to Declaration of Covenants, Conditions, Restrictions and Reseryation of Easeroents for Country Club of the Desert (this "First Amendment"), made. as of this 7PA day of �JOMU121`M —, 2002, by NRI-CCP 1, LLC, a Delaware limited liability company ("Declarant"Hs as follows: RECITALS A. Declarant executed that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "Declaration") recorded on December 31, 2001 as Instrument No. 2001-652762 in the Office of the County Recorder of Riverside County affecting that certain real property described therein. B. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Declaration. C. Pursuant to Section 13.2 of the Declaration, the Declarant may unilaterally amend the Declaration by recording a written and acknowledged instrument in the Office of the Riverside County Recorder at any time before the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder. D. As of the date of this First Amendment, no sale of any Lot in the Project, to any purchaser other than Declarant or a Merchant Builder, has closed. E. Declarant desires to amend the Declaration to expand the meaning of the Annexable Area, as set forth in Exhibit "C" of the Declaration. NOW, THEREFORE, Declarant hereby amends the Declaration as follows: AMENDMENT Exhibit "C" is hereby deleted and replaced in its entirety with the following page: 38840\237519v] 71� MLJ EXHIBIT "C'9 DESCREPTION OF ANNEXABLE AREA The Annexable Area shall include all of the following: 1. All of that certain Tract No. 29894-1, as per map thereof recorded in Book 305, Pages 14 through 22, inclusive, of Maps in the Official Records of Riverside County, California, excepting therefrom Lots 117 through 140, inclusive, 142 through 154, inclusive, 214 through 272, inclusive, and Lots E, F, H, K, R, S, CC, FF, KK, LL and MM, of that certain Tract No. 29,994-2 (being a further subdivision of Tract No. 29894-1), as per map thereof recorded in Book. 309, Pages 18 through 50, inclusive, of Maps in the office of the County Recorder of Riverside County, California. 2. The north half of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, according to the official plat thereof, excepting therefrom all of that certain Tract No. 29894-1, as per map thereof recorded in Book 305, Pages 14 through 22, inclusive, of Maps in the Official Records of Riverside County, California, 2802-132329 93/14/20&P 08 4 @OR IN 1111 2 f 8 1AR40\2175190 2 effect. 2. In all other respects, the Declaration shall remain unmodified and in full force and IN WITNESS WBEREOF, Declarant has caused this First Amendment to be executed as of the day and year first written above. "DECLARANT" NRI-CCP 1, LLC, a Delaware limited liability company By: Nationwide Realty Investors, Ltd., an Ohio limitefi"bility company Its: Managing M/mbtf /I By: N C. am . Vnan J7EIIIS Its: President and Chief Operating Officer STATE OF ss: COUNTY OF FiRA N 0 2002 before me, the undersi d a Notary Publiq in and for said County and State, personally appeared --And I 'in , �p "- 9qQ' personally known to me (or proved to me on the basis of satisfactory evidence) to Ve L11t; person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityGes), and that by his/herltheir signatu :re(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, SARAH BOOR BENNETT Notary Public. Stale of ONO My Commission EmImsO8-12.06 F PF 2002-132�29 9'1/14/2082 GS; 96A IN 11111111111111111111111111111111111111 3 'f 8 IM4003751W] SUBORDINATIO The undersigned, as holder of the beneficial interest in and under that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229755, which Deed of'Trust is between NRI-1--CP 1, LLC, a Delaware limited liability company, as Truster, Commonwealth Land Title Company, as Trustee, and Bank Midwest, N.A., as Beneficiary, as such Deed of Trust is modified by those two agreements executed by Truster, Trustee and Beneficiary, the first of which was recorded on June 27, 2000, as Instrument No. 2000-247875, and the second of which was recorded on March 16, 2001, as Instrument No. 2001-108910; as further modified by that certain Loan Assumption Agreement dated June 29, 2001 and executed by Trustor, NRI-LQLP Golf Properties, LLC and Beneficiary, recorded June 29, 2001 as Instrument No. 2001-298682; and as further modified by that certain agreement dated June 29, 2001, executed by Beneficiary, NRI-CCP 1, LLC and NRI- LQLP Golf Properties, LLC, and recorded on June 29, 2001 as Instrument No. 2001-298683 (collectively, the "Deed of Trusf'), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "First Amendment") to which this Subordination is attached. By executing this Subordinatic�n, the undersigned agrees that should the undersigned acquire title to all or any portion of the real property described in Exhibit "A" attached to the Declaration, by foreclosure (whether judicial or non -judicial), deed-in-licu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration and the First Amendment thereto, which shall remain in full force and effect. In accordance with Section 13.4.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. Dated: I)- - 12 - (9 -2-- Bank Midwest, N.A. By: Name: SCV�7L J I-/ x Its: Lbc e 14-e-� '-de -1 r 38840\2375 i 9v 1 2082-132329 03/14/2092 88! WA IIIIIIIII III pill 1111 IN 4 of 8 STATE 017��___ 'S: COUNTY OF On'�� , 14 -, 2002 before me, the: pridersigned, a Notary.Public in and for said County and State, personally appeared rw �� personally known to me (or proved to 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/hcr/their authorized capacity(ics), and that by his/hei-Itheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MARY THOMPSON NMWAWC-VMC5M1S�A1 AACK� G' � 7' WC0L2M=qW.1..1- 38840\237519vl 4/,B&e 88, oaf, 5 �f " GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: DATE COMMISSION EXPIRES PLACE OF EXECUTION: DATE: FIDELITY NATIONAL TITLE BUILDER SERVICES MARY THOMPSON JULY 23, 2003 RIVERSIDE, CA MARCH 14,2002 2002-132329 03/14/2062 GSA 111111 Hill IN oil 11111111111111111111111111111 IN 6 f SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain deed of trust dated June 15, 2000, and recorded on June 15, 2000, in the Official Records of Riverside County, California, as Instrument No. 2000-229758, which Deed ofTrust is between NRI-CCP 1, LLC, a Delaware limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and Nationwide Realty investors, Ltd., an Ohio limited liability company, as Beneficiary, as such Deed of Trust is modified by those two certain agreements, the first of which was executed by Trustor, Beneficiary and Trustee and recorded on June 27, 2000, as Instrument No. 2000-247872, and the second of which was executed by Trustor and Beneficiary and recorded on June 29, 2001, as Instrument No. 2001-298684 (collectively, the "Deed of Trust"), hereby expressly subordinates such Deed of Trust and the beneficial interests thereunder to the First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert (the "First Amendment") to which this Subordination is attached. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion, of the real property described in Exhibit "A" attached to the Declaration, by foreclosure (whether judicial or non -judicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration and the First Amendment thereto, which shall remain in full force and effect. In accordance with Section 13.4.5 of the Declaration, the undersigned hereby requests from the Country Club of the Desert Owners Association the written notices specified therein. Dated: �&vvvk-A-V 7-crz Its: T-"604 � �00 2902-132-V29 93/14/2092 Oil ROP 38840\237519vl 7 of 9 STATE OF 0h o ss: COUNTYOF 33��-Tn OM OWIM nA ?-� —, 2002 before me the undersl!fd, 9,Notary P ic in aVor said County and Sta4, personally appeared k DIM -1 �-o personally known to me (or proved to me on the basis of satisfactorylevidence) t6 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. WITNESS my hand and official seal. 0 SARAH DOOR BENNETT =bk, State of ONO MY bn Egiires 08-12-06 Notary Public 38UO\237519vt 2602-132329 92/14/M2 08� GOR 11111111111111111111111111111111111111111111111111111 El of a No Recording Fee Required Per G110 coment Code SICLion 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COACHELLA VALLEY WATER DISTRICT post office Box 1058 C..chella. California 92236 DOC a ZOOZE—a55076 M/15/2002 08�04A F4.:NC R ... 4.:719*04011-111 Re ... d. Court, of Ri�*,.Ad. Gary L. Orsm Assessor County Clark & Recorder I IN 1111111111111 loll It 1111111111111111111111 U A s L (Space above this if.. for Recorder's Use) DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION A 2 E K K � K N I I IN: THIS AGREEMENT is made on this let day of April 2002 by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California. with its headquarters at Coachella. California, hereinafter designated as ,-District" and _AJ)2 T' - d-C P 2; , located at /-;tO,�,vu4E ::�4, 44 (PLI(ru7-A, CA, <J2,26-3 hereinafter designated as -,Subdivider." WHEREAS, Subdivider is developing a subdivision of let, located in the L6k_ a i,,Vp) �W 5 IV") quarter, of Sectiom Towrtship 4_ South, Range ;7 East, San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission Of the Gewft�Y/CitY Of /_ M Qub,)rA�__, which tentative subdivision has been designated as Tract No. hereinafter designated '-Subdivision" and described on Exhibit A; and WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and domestic water service and/or sanitation service t. each of said z3,1,�.Iots; and WHEREAS, Subdivide, is desirous of having District provide domestic water andlor sanitation service to said Subdivision and Is willing to transfer to District the water distribution system and/or sanitation system necessary therefor after the construction thereof and District is willing to accept such transfer and to provide domestic water service and/or sanitation service to said Subdivision on the terms and conditions set forth herein. CVWD-014A (Rev. 8/93) NOW, THEREFORE. THE PARTIES AGREE AS FOLLOWS: 11 Subdivider will comply with District's "Regulations Governing Domestic Water Service," "Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for Domestic Water Systems andlor Sanitary Sewer Systems" as the same may be amended from time to time, the provisions of which are incorporated herein by reference. 2. The domestic water system and/or sanitation system to serve said Subdivision shall be constructed in accordance with District's "Standard Specifications for the Construction of Domestic Water Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such specifications and construction plans prepared by Subdivider and which shall be approved by District prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the water ..ter to the individual lots. The sanitation system shall include, manholes, pipelines, house laterals, pump stations, and appurtenances. 3. The Contractor employed by Subdivider to construct the domestic water system and/or sanitation system shall be licensed by the State of California for these types of construction and in addition shall be approved by District for such purpose. 4. The entire cost of the construction of the domestic water system and/or sanitation system shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the end that the domesLic water System and)or sanitation system facilities are constructed and installed pursuant to this agreement in accordance with the approved plans and specifications. This inspection is not for the purpose of determining installed footage of water or sower pipeline or for compliance by the Contractor with safety requirements. 5- PrIot to the release of the improvement plans for the domestic water System and/or sanitary Sewer system Subdivider shall furnish to District the following: a. Bill of Sale for conveyance of the domestic water system and/or sanitation system. b. Any and all Deed(s) of Easement or Grant Deed(s) to any rights -of -way or other real property interests necessary for the operation of the domestic water system and/or sanitation system or to comply with the requirements of District's Regulations Governing Domestic Water and/or Sanitation Service. -2- CVWD-014A 2OG2-255078 (Rev. 8193) 95? 15/2002 AM GGA 11111111111111111 IN 111111 IN IIIIIIIIIIIII 111111111111 IN 2 of I I c . Written petitions for the annexation of its land, to be developed to those Improvement Districts of District which are applicable to the public services to be provided. d. An irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $2.000 or five percent of the amount of the construction contract(s), whichever a= is greater, as security for the purpose of guaranteeing the completion of construction as provided in Paragraph 2 and to further guarantee that Subdivider shall comply with Paragraphs 6 and 7 herein. Said security shall provide that District has the absolute right five days after the mailing of a written notification to Subdivider by certified mail at Subdivider's address herein to draw all or a portion Of the funds represented by the security as; may be necessary to complete construction, including administrative -and all other project costs or to secure compliance with the provisions of Paragraphs 6 and 7. Said security, less draws, if any. will be returned to Subdivider upon acceptance of the domestic water system and/or sanitation system by District. 6. Prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by District, whichever occurs first, Subdivider shall furnish to District and/or comply with the following: a. Pay all Water System Backup Facilities charges and/or Sanitation Capacity Charges which are in effect at the time payment is tendered. b. As to any water well developed by Subdivider for golf course irrigation or other purposes in connection with said Subdivision, execute a separate well -metering agreement with District. Said agreement will he mailed to Subdivider by District. Section 31638.5 of Chapter 7, Part 6 of Division 12 of the Water Codes states that: "It shall be unlawful to produce water [in excess of 25 acre feet per year] ... unless the well or other water producing facility producing such atet shall have a water -measuring device [meter] affixed thereto which is capable of measuring and registering the accumulated amount of water produced." Upon execution of a well -drilling contract, for the golf course irrigation well as described In Subparagraph 6.b. above, notify District of intent to drill said well, the required meter size, and upon completion of the -3- CVWD-014A 2GS2-255870 (Rev. 8/93) ,,""26GE-68 son 111111 Hill IN 111111111311111 Hill 11111 3 �f 11 well shall install a meter and pump discharge manifold according to District specifications, at Subdivider's expense. In the event that the meter Installation and Pump discharge manifold is not completed according to District specifications and with District's approval, District shall have the right to direct that the entire discharge manifold assembly be reconstructed at Subdivider's expense. District, for Subdivider's convenience, will make available the meter and meter installation specifications upon request to District by Subdivider and/or well driller's authorized representative. After completion of the meter installation District will, at District's expense, obtain a hydraulic Pump test on the wall for determining any meter correction factors. District employees and agents shall at reasonable times over lands owned by Subdivider on which said well is located, have the right of ingress and egress. District will own, operate, maintain, and replace said meter at District expense. Dist rict will read said meter at periodic intervals and make such readings available to Subdivider if so requested. Subdivider agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. d. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider: 1) Grading plans of the site(s) for District approval. After the grading plans have been approved by District, grade site(s) in accordance with approved plans. 2) Plans for perimeter wall� and exterior landscaping for District approval. After the plans have been approved by District, construct the walls and landscaping in accordance with the approved plans. The design of the walls shall include consideration of noise attenuation to maintain exterior noise levels for residential development while the well or lift station is in operation. Said perimeter walls shall be installed prier to District providing service. 3) Provide electrical power of a voltage. and wattage necessary for the well Or lift station operation to the site(s). Plans for this installation shall be approved by the District prior to constroction. 4) Plans for the acceptance of well site drainage and well discharge water from the well site(s) into the on -site drainage facilities -4- CVWD-014A 29@2-255978 (Rev. 8/93) 95115/26ae as 990 IIIIIIII Hill 111111111111111 IN 1111111111 Hill IIIIII IN 4 �f 11 for District approval. After the plans have been approved by District, construct and maintain the facilltle� necessary for the conveyance of these waters from the well site(s) in accordance with approved plans. Subdivider shall include these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 5) Be responsible for the exterior landscaping at the sLte(s). a. A certified copy of the Covenants. Conditions and Restrictions for said Subdivision. 7. As to any electrically or electronically operated security gate system installed by Subdivider and designed to be functional without an operator/guard, District shall have the right to install radio controls to operate said gate(s) at Subdivider's expense. Subdivider shall pay District the sum of $2,500 as the cost of said radio controls prior to the installation of water meters or the acceptance of the d.m.sti, water system and/or sanitation system by District, whichever occurs first. District will operate, maintain, and replace said radio controls at District expense.. S. Prior to the acceptance of the domestic water system and/or sanitation system by District, Subdivider shall furnish to District any and all requested documents, including but not limited to the following: a. A Declaration by Subdivider or its Contractcr�s) that the Contractur(s), or any party who furnished material in the construction of the domestic water system and/or sanitation system, have been paid in full; b. As -Built Drawings of the domestic water system and/or sanitat.lon system. Acceptance by District of the domestic water system and/or sanitation system shall vest title thereto in District without any further action on the part of Subdivider. C. A surety bond, irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California, naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $2,500 or ten perc.ant of the amount of the construction contract(s), whichever am is greater, to guarantee the performance of the installed domestic water system and/or sanitation system as against failures of any type, the period of said guarantee and said warranty shall be for one year from the date of the acceptance of the domestic water system and/or sanitation system by District. Said security, less any charges by District. shall be returned to Subdivider at end of one year. -5- CVWD-014A 1111 Jill , 2 1 & ! 6 / 2 2 -65678 UGA (Rev. 8/93) 062 09 f 11 9. Upon the request of Subdivider, District will furnish to the approprIate departments of the appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State of California. a letter from District indicating that financial arrangements have been made for the construction of the domestic water system and/or sanitation system for said Subdivision and District is willing to provide domestic water service and/or sanitation service to each and every lot therein, provided Subdivider has done all of the following: a- Complied with all provisions of this Agreement applicable at the time, b. Furnished District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California in a form approved by District in the amount of $2,000 or five percent of the amount of the construction contract(s), whichever a= is greater, C. Furnished District with a copy of the Bond filed with the approprLate city or County, guaranteeing the construction of required Subdivision improvements, including the domestic water system andjor sanitation system provided for herein, and d, paid to District any amount due under the Water System Backup Facilities Charge. and/or Sanitation Capacity Charge as may be applicable, i-e., those in effect at the time Payment is tendered to District. e. Initiated a Well Metering Agreement with District (if applicable). 10� District shall ,or be liable for the replacement of decorative concrete and other surface improvements which District may be required to remove in the future to gain access to the domestic water and/or sanitary sewer pipelines and appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements outside the immediate area of construction. Subdivider shall include these conditions in the Covenants, Conditions, and Restrictions for said Subdivision. 11. District shall not be liable for the maintenance including but not lim.:ted to malicious damage and graffiti of the exterior walls and landscaping around the domestic water well site(s) and/or sanitary seFer lift station sit,(s) provided by Subdivider. Subdivider and its successors shall he responsible for the maintenance of these improvements. Subdivider shall include this condition in the Covenants, Conditions and Restrictions for said Subdivision. CVWD-014A 2GG2-255878 (Rev. 8193) 11111129620 NOR 12. District shall not be object to the approval of Subdivider or flomeow,ers Association on any use, restrictions or conditions for any domestic water well site(s) andlor sanitary sewer lift station site(s) provided by Subdivider. Subdivider shall include an acknowledgement of these conditions in the Covenants. Conditions and ResLrictions for said Subdivision. 13. Subdivider will provide notice to the purchaser of any homes within 300 feet of any District domestic water well site(s) and/or sanitary sewer lift station SiLE�s) of the fact that District owns the property and its proposed and/or actual use and the activities that are involved during the construction and operation of said domestic water well and/or sanitary sewer lift station. such as heavy equipment operation including drilling and maintenance derricks which may create noise and vib,.tion. Subdivider shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 14. In the event that construction of the facilities which are the subject of this Agreement has not begun within 12 months of the date of this Agreement or. having been completed, said facilities have not been accepted by District within 24 months of said date, District shall have the right to declare this Agreement void. In the event District exercises said right, it shall have no further obligations under this Agreement. Any new or revised Agreement and any related domestic water and/or sanitary sewer plans shall reflect any new conditions in effect at that time. Costs, fees and charges due under said new or revised Agreement shall be those which are in effect at the time payment thereof is tendered. 15. In the event that Subdivider fails to perform any obligation under this agreement. Subdlyider agrees to pay all costs and expenses incurred by District in securing performance, of such obligations. including costs of suit and reasonable attorney's fees. 16. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend and hold District harmless from any losses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable attorney's fees. 17. Following fulfillment of the terms and conditions berain and acceptance by District of the domestic water system andjor sanitation system, District will provide domestic. water service and/or sanitation service to said Subdivision In accordance with District's Regulations cited in Paragraph 1. -7- CVWD-014A 2882-25597g (Rev. 8/93) A GOR 18. This Agreement is binding on the assigns of District and on the assigns, successors, and representatives of Subdivider. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT Tom Levy General Man aer Dated: April 1, 2002 PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES SUBDIVIDER NRI ICCt fl--�LG t By: tt ion ide 4Rt Investors, Ltd.. a gin a n4gin a er By: By: Brian J. Ellis, resident and Chief Operating Officer Dated: '? / -2 -� 10 STATE OF OHIO ) SS: COUNTY OF FRANKLIN ) The foregoing instrument was acknowledged before me this -V�day of August 2001, by Brian J. Ellis, President and Chief 0 rating Officer of Na�ionwide Realty Investors, Ltd., managing member of NRI-CCP 1, LLC, a limited liability company, on behalf of the coT2ALI L LYNNOOSTELLO Noa,, Public. State d ONO 0 My Cuirmission EVIM SMSUN -g- Notary Public CVWD-014A 4 of 0� 2092-255978 (Rev. 8/93) GR 90A EXHIBIT 6'A9y COUNTRY CLUB OF THE DESERT THAT PORTION OF SECTIONS 9 AND 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE: OF CALIFORNIA, BOUNDED AS FOLLOWS: BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT OF WAY OF AVENUE 52, ON THE SOUTH BY THE NORTHERLY RIGHT OF WAY OF AVENUE 54 ' ON THE WEST BY THE EASTERLY RIGHT OF WAY OF JEFFERSON STREET, AND ON THE EAST BY THE EASTERLY RIGHT OF WAY OF MADISON STREET DESCRIBED AS FOLLOWS, BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 89046'27" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, 85.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00'13'04" WEST 55.26 FEET; THENCE NORTH 4501551" WEST 43.05 FEET. THENCE NORTH 00004'00" EAST 23.01 FEET; TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 745.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE: OF 44001'13" AN ARC LENGTH OF 572.38 FEET. TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHWESTERLY HAVING A RADIUS OF 655.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45001'26" AN ARC LENGTH OF 671.87 FEET; THENCE NORTH 00056'12" WEST 645.40 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 855.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18034'18" AN ARC LENGTH OF 277.14 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 745.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24035'34" AN ARC LENGTH OF 319.77 FEET, THENCE NORTH 0500604" EAST 595.94 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY HAVING A RADIUS OF 1855.00 FEET: THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32037'19" AN ARC LENGTH OF 1056.16 FEET; TO THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 1745�00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE' OF 27033'10" AN ARC LENGTH OF 839.15 FEET, THENCE NORTH 00000'55" EAST 285.37 FEET; THENCE NORTH 45003'19" WEST 3326 FEET; THENCE NORTH 00'04'52" WEST 25.00 FEET TO THE SOUTHERLY RIGHT OF WAY OF AVENUE 52 AND THE TERMINUS OF THIS DESCRIPTION. EXCEPTING THEREFROM THAT PORTION NORTHWESTERLY OF THE SOUTHEAST BOUNDARY OF THE ALL AMERICAN CANAL. AS SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART OF. I I I ' DATE 09117/01 RA D '�HRN JR P.L.S. 7 59 �_AND S& CA LEGAL NO, 14520-082801 R 1 P 00 E I "RS 13 /2 3 JERALD E. ANHORN JR. 0 EXPIDEC, �1, 2003 ��o. 7159 2002-255078 , Or 65/15�2002 68; 000 III Hill IN 1111 9 f 11 EXHIBIT'B' COUNTRY CLUB OF THE DESERT BET 40, m z c: 4 P.08 N89*46'2,7"E R-1745.00' L=83 9 .15 - ---------- TP.0.8. - - :-.-Fl:,745. 0 MADISON N0073'04"W L .,72.380 I,: 55,2 10 10 cz� bn 'o --- ---- 'o V I R=1855 . 00' w 0- 0 L= 1056.16, co w v a uj z z Z 0 tR z z z 1111-155078 T m WW 1111111111111 Jill 1111111 Ill 111111111 05/15/2002 08:006 Jill I& of 11 PCA LIVAL NQ WMW4� State of California ) ss County of Riverside ) On April 8, 2002, before me, Cynthia R- Parks, Notary Public, personally appeared Tom Levy, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. (seal) CY"LA R. PARKS OCRYWrInIon # 129'2611 Notory PUNC — C(Atwiia Rlvensd� Cwnty MYCOMM. EXPM5 Feb26,2005 Domegic water and/or sanitation systern installation agemncra NRI-CCPI, LLC Brian J. Ellis West half Sm. 10, T6S, R7E Sm. 9, T6S, ME Witness my hand and official sea] - NUary Public in and for said County and State M2-255678 05? 15/29W 68 � 09A 111111 IN 11111111111111111 a 11 of 11 Recording Requested By First American Tilk1r, Company RECORDING REQUESTED BY NO LA QUINTA PARTNERS, LLC 375 North Front Street, Suite 200 Columbus, Ohio 43215 1 WHEN RECORDED RETURN TO MORGAN, LEWIS & BOCKIUS 300 South Grand Avenue Suite 2200 Los Angeles, California 90071 ATTN: Anthony Ciasulli, Esq. 14A/627262.4 ooC u MOOZ-74MS38 22/13/2002 08:00A Foe:315.00 Page I of 104 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 _S I U AMENDED AND RESTATED L"G I AEF�, I � L 0 3,/ 6 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY first American Title Company has recorded this instrument by request as an accom- modation oply and has not examined it for regularity and sufficiency or as to its effect upon the title to any real property that may be described herein. E M LSFJ ARTICLE DEFINITIONS ......................... 11 --~^^-`-^--~^^ Aonmxab|e/�oa.`.^� ^^`^--`^`---~^--`~^ 2 12 /��hi�en1uno|Rev��Co,nnni��e...-,,~^--~~^-`^^^--```^--`~---`^-2 1.0 Architectural Review CammiMooRules 1'4 ,.~-,~---~-^^--^-~---~--^`~^�� AA�|on.^...-`�� --`^`--`~-`-~^--`~`-'3 1.5 Association �...---^-`-`^~^`^`^~---`-^---� 1.6 Association Easement Area 17 .-``~.-`-~-,-^^~`-`--`-`~---`--`-^o A400uio�nnFunds o 1�O .-..`^-`----`^. �onPnopo�y.-__~^___~__`,--^^-^``^`^a Association 1.9 /�snnia�unPonpoAyVYa||.---..-^.,,^--- `^-~~~^-`~^`----`----. 4 11O...........................................--^`^--`----`-^--`^-'° 1J1 Roard-~'.--,.� ~`^---`----`^--`^`---^---,..--4 112 Budget ~-.^`~_ ^-~^-^-^^--~-----,--,4 1j3 -----~`^-`^-^-~^~' 8�avvs..-,.---,~.-`~^---~----^^-`~~^--` 4 114 '^^`~^—~^---~-~-`^---~^---^^-`^-~^`^^-�4 Assessment--^^--`^^----^---,�t 115 C�y~`-~.--_~~ -^-~~`~-^-`^^`^-`~^' 116 C�yevfEscrow .,.. --`^---^~--``---^^`` 5 117 Cnn�nnonArea 118 `^-.---^~-~~^--^~`-`^^---~--``~^-~^-^-`~-'5 Con�nnnnAssessment 1.19 .----~~----`^^---^--�5 ^~--~-^-``~--`~^---~--'n Common Expenses ....................... 120 ....... Cost Cen�x.--.. ---`~^---~^-`^~^--~`^---» 1.21 ................................................-^^^--~~--^^^--`~---~~--~`--~^^--,..--0 1�� DeclarantCounty,~-,~_`~--^-^--~----^---`^----^---0 1.23 DeclaraUnn.^`._-~^^--`^---`^--`-^^--^`.--'u 1.24 Dedicated Common Area 1.25 .--`~^-.,.------^---`~^`--~~---`---�/ Deed cfT,us1..--,.. -~~---~^--'`~---`^--'' 1.26 ---`^--~^--`^----^ DR5.-'-,..-~.~---`^--`----~� 7 1.27 `^-`~~ Family `-`~^--~~---~� .-..-� --^-`^-~~-`-~^----'' --`-`~---~^---~^-`~^ 7 120 FHA.-.-,.-,.. ---``---^^---`^----^-' 7 1.3S .--`~^---~--~^^--~^' FMLK�C-.-`~.-~----`-------^---- 8 1.30 -`-^^---~--^^--``~---` ---`~-`-`^^---' F��Subdivision 8 1.31 -,..--.--~� F0M�\-~---`� ---~^-`-----`----,-v 1.32 ---`--`^-`-~^---^^-`. .�NN�...`-,..`---`----~^---`---� 0 1�3 --`~^-~^~--``---~^-�^ Go�C�bFac��eo ~---^----~^--`-^---^ 0 1.34 --~^-~^---`~---`^--. ��o�[�uh�}wner. ---`~-~-`^^----^---� 0 1.35 ---^~---~----^-`~^ hnprovannantu--,...^'-,-~~��`-,~^-----`~--^^`---^---`^--- U 1.38 '--^----~----`-``^^--» Local Governmental Agency 1��7 .............. ....... �^' Ln�`-~^-~^` --`^^---`---`~---..--.-'v 1.38 � -^`~ -```^--``^---~^^-`--� --~.--,~^-.-^^`~.-,^,~� S 1��} ~�� 0�»"lber.....--`~^--`^^---^^--`---� y 140 --^-~~^--'~~--~`^--^�9 Merchant Builder 1/|1 -..~^-~~--`~~-~-^--^� ~^ 9 ' 1/12 °°----`^-`^^-`-`-^~-`-~^--^~---`--~~-9 .a°e—'-g-=~-.----~^-,-.^-~~~. 1/�3 No�uaand Huahng. -^~^-`-`--~^---~^-``^ --`~--~^`-`~~-^--^-`'^^--~^^---^^^--..--10 9 1�44 (�wno/--~^_~ 1/�5 `~^-`-~ Person .-.-. ---`--``^--`^^----' 10 1�K6 _~,^^,_,_`~,_`,,^_,,_~� Phase o[-~^--~^--`^^------`^� Development^-~-`^--^`~^-`~~ 10 1�47 Properties-`^^^--^`--`^~---~^^-`~� 1O 1/�8 ~,_,,,_,,~~_,�� Public ................................. 10 1^�9 PuhWcRepn¢.. ^^^--^~-^^`^--~^ ---^^---^--`^^-`-^---~ 10 1.50 ��-'-- Anoeoon�on1 ^^--`---^`--`~---` 11 1.51 ^--~^--^---`~-- Record, Recorded, -----~----^---^--' ' -~^---~^-`----~^ 11 11 1.52 Renenas-.. 1.53 Residonue`...-,.� -'--`~---`~--' 1.54 Restrictions..,..� -`^^---`^--^--^^ ,'uv627262.4 2802^745838 11111111 0�|KfNN||0U1111U|110|1|/e/13/e062wwoOA 1.55 Rules and Regua�nns..~.........~----------'-.^~.~.~`-^-^' 11 1.56 Special Assessment ...... ................ ............ ....... ......... ....... ............... ......................... 11 1.57 Supplemental Declaration ............................................. -^....... -............... ........ ...... 12 1.58 VA......~.......-.----.~'.-^^~--~.~~,--.------ ^~-� 13 ARTICLE If DEVELOPMENT; LAND CLASSIFICATION; ANNEXATION ..................... ............... ... 12 21 Interpretation ofDeclaration ........................... ..................... ............. ... --................ 12 2.2 First Subdivision Land Classification ................................... ........................... ........... 13 3,3 Annexation ufAmoexobleArea ........................................................................................ 13 ARTICLE III COMMON AREA; USES AND RESTRICTIONS ............... .......................................... 15 3.1 Owners' Rights ufEnjoyment ............................................................. .................. ......... 15 3.3 Delegation cfUse .................................................................................................. ....... 17 3.3 Parking and Traffic Control ......................................................................... -..`.-'1V 3.4 Eonmnn�ntmhxvokko�nTnaff�-..-----..----'---~~.~..,,.-.--1V 3.5 YVakxscdUse ..,--....---.....---------------.----.-.-.10 3.6 TNatnthe Conln�on/�ear.-...-.-..,----.---^.'`..~.---- ... ... 1R 3JTaxes ........... ................................................... ......... --............ ---............... -.... 2O 3.8 Master Communications Systems Service Easement -----------..... .... .... 2O 39 Association Property Wall Easements .................... ...................... ................ .......... %1 310 Declarant Easements ............................................ ....... ..... ..... .... ................................ 21 311 Regular Inspection .................................................... 312 Dust Control and Maintenance Easement ... ................................................................... 2J ARTICLEIV ASSOCIATION ..................... ...................... ............... .................................... .............. 23 41 Organization ................................................................................. .................................. 23 4.2 yWe��ben;h�.-...--...~.--^~~~..---^`-------------~^~~~ � ARTICLE FUNCTIONS OFTHE ASSOCIATION .................... ...................................... .......... ..... 27 51 Perm ittodFunctions ............. ................ ................ ............ ................................ ........... 27 5-2 Powers and Duties .................................. ................ ...................................... ............ 2/ 5.3 Rules and Regulations .... .......................................... ............. ........................ -........ 33 5.4 Limitations onAuthority ofBoard orAssociation .................. .......................................... 33 5.5 Prohibited Activities ............. ................................................. .............. ........................ 34 5.6 Limitation nnLiability nfOfficers and Directors ............ ............................ ..................... 34 ARTICLE VI FUNDS AND ASSESSMENTS ................ ................... ................... ............................ 35 61 Obligation ........................................ ....... .................... ............... .................................. 35 62 Collection and Disbursement ........................................ -.------.....-....'35 6.3 Common ArooDun,ugaorNeg��---------------.-...--..----vo 6.4 Common Aa0000mnnts....--....---.-.-------------.,-...,.37 0.5 ��omnnnnoen�*n\nfComn)on/ksonosn`ents--------------`-...---.. 37 6.6 Limitations unCommon Assessment Increases ................ ............................................ uu OJ Capital Improvement Assessment. .................................................................................. 40 9.8 Exempt Property. ........................... .............. -.............................. -.......... ............... 41 8.9 Remedies oythe Association ........... ............................. ............................................... 41 618 Notice ufLien ..................................... .................................. .......................................... 42 6,11 Foreclosure Sale ....................... ....... .............................................................................. 42 012 Curing nfDefault ........................................................... ....................................... .......... 43 6.13 Cumulative Remedies .......... .................................................... .......................... .......... 43 6.14 Mortgage Protection -Liens ................................................................................... .... ..... 4O 6.15 Priority ofAssessment Lien ................................................. ........................................... 4* ARTICLE USE RESTFUCTKJNG------------------.---~.--^~`---'-. � 7.1 Residential Use ............................................................................ ................................... *y 7.2 Leasng'..-.-.--------^-^^^~'-^.~'^^~~.`~~--~~~--~^^-. � 7.3 Landscap�g-..~-^^~--^~~^^^^^~^~~.^~~'^--`-~'---~-'-~~~ 4� 7.4 Parking and Vehicular Restrictions .............................................. ........................ .......... 45 7.5 Antennae ..................................... -.............................. .................................. .............. 4n 1-�,o7,m�.^ �� K�||U��NUU��| 12'13/200e0000w III III ||I0||0NU| |\|QI|H0II| U|N|NN||UN�|QNUU|��| 3of 194 7.6 Insurance Rates ...................... __ .............. ........ ... ......................................................... 49 7.7 No Further Subdivision ............... _... - ........ ................. ................................................. 50 7.8 Signs .......................................... ........... ....................... ......... . . . . . .......... ............. 50 7�9 Animals ....................... ........................................ ...... ... ......... ............ ...................... 50 7.10 Nuisances ............. ......................................... ....... ...... ..... ........................................... 51 7.11 Exterior Maintenance and Repair .......................... ....................................... .. .......... 52 7.12 Drainage ...................................................................... . ................................................. 52 7.13 Water and Sewer Systems ................... ........................ ........................................... _ ... 53 7.14 No Hazardous Activities ................................................ ........................... .................... 53 7.15 Unsightly Articles ........................................................... .................... ............................ 53 7.16 Temporary Prefabricated Structures/Dumpsters ........... ........ ........... ..................... .. ... 54 7.17 No Mining or Drilling ........................................................................................................ 54 7.18 Improvements and Alterations ............................. ........................................................... 54 7.19 Solar Heating Systems ......................................... .......................................................... 55 7.20 VIEWS ....................... ..................................................................................................... 55 7.21 Rights of Handicapped .......................................................................................... ......... 55 7.22 Party Wells ......................................................................... ................................ ............ 55 7.23 Damage to Residences -Reconstruction ............................................. ............................ 56 ARTICLE VIII ARCHITECTURAL CONTROL ........................................................................................ 56 8.1 Members of the Architectural Review Committee ........ .................................................. 56 8.2 Rights of Appointment .... ...... ................................ ............. ..................................... 57 8.3 Review of Construction Activities ..................................... - ............................................. 58 8.4 Applications .................................................. ........................................... ............... ...... 58 8.5 Meetings of the Architectural Review Committee... ............................. ........................... 60 8.6 No Waiver of Future Approvals ........................................ .............................................. 61 8.7 Compensation of Members .............................................. .............................................. 61 8.8 Correction of Defects ........................................................ .............................................. 61 8.9 Scope of Review ............................................................... ................. ...................... ..... 63 8.10 Variances .............................................................................................. ................... ...... 63 8.11 Pre -Approvals ............. ................................................................... ............................ 63 &12 Appeals ............................................. ___ .......................... _ ........................................ - 64 ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA ........................ _ ............ 64 9.1 Damages by Owners ................................................................. ........ ............................ 64 9.2 Repair of Damages ...... _ ............................. ..................... ......... ........... .................. 65 9.3 Condemnation ............................ ........................ ........................................................... 65 9.4 Notice to Owners and Listed Mortgages .............. ....................... _ ................................ 65 ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION .............................................. 66 10.1 Interest of Declarant .... ......................................................................................... ......... 66 10.2 Exemptions .................. ............................................................... _ .............. ......... ....... - 67 10.3 Easement Relocation ........................................................................... ................ ......... 69 10.4 Entry Gate Operations ...................... .............................................................................. 69 ARTICLEX1 INSURANCE ......... .................................... ............................................ ................... .... 69 11.1 Casualty Insurance... ....................................................... .................................. .. ....... 69 11.2 Insurance Obligations of Owners .......................................................................... r ......... 70 11.3 Waiver of Subrogation ........................................................................................... . ....... 70 11.4 Liability and Other Insurance ................ ....... ............. ......................... .......................... 71 11.5 Notice of Expiration Requirements ........................................................... ...................... 72 ARTICLE XII GOLF CLUB FACILITIES ........... .................................................................................... 72 12.1 General ............................................................................................................................ 72 12.2 Reservation ....................................................... .............................................................. 74 12.3 Golf Course Liabilities ................................................... .................................................. 75 ARTICLEXIIIMISCELLANEOUS ............................................................................ ............................. 77 13.1 Term and Termination .................. ............................... .................................................. 77 1 -LN627262.4 2002-745938 121131,2002 99 69A 1111111111110111 IN 4 of 104 13.2 Amendments ......................................................................... ........................... .............. 78 13.0 Notification cfSale uf Lot; Transfer Fee ......................................................................... 8V 13.4 Mortgages Pnmtection-3eno"d...................................................................................... 81 13.5 Notices ...................................................................................... .......... ......... ................. 03 13/6 Enforcement and Non -Waiver ...................... —................................................................ 83 13.7 Interpretation ..................................... ....................................... --................................. 00 13.8 Reservation ofEasements ................. ~.................. ...................................................... 8O 13.9 NnPublic Right cfDedication ................................................... ... ............................... 87 13.10 Disclosures ..... .............. .'.................................................... ........................... .......... D7 13,11 No Representations urWarranties ........................................... ........................... .......... 88 13-12 GtamUond o[Care, Noniabi0y........................... ...................... ............................ .......... 08 1310 Enforcement of Certain Bonded Obligations ............................................ ........... ....... .90 13.14 Priorities and Inconsistencies .......................................................... ..--------'91 13.15 Dispute Resolution .......................................................................................................... 91 EXH|0T°A" LEGAL DESCRIPTION <JF PROPERTY |NFIRST SUBDIVISION ................................. 1 EXH|B[T"B[ DESCRIPTION OFASSOCIATION PROPERTY AND ASSOCIATION 2@02-745938 (0NN1N|R8U1NNN0U110UU00U|N0NN|NU|10 /a.mzmaoo'wm AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration") is made by and between ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("Declarant"), and ALBERT C. LAMPERTI and JUDITH E. LAMPERTI, husband and wife (together, "Lemperti"). Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof. A. NRI CCP 1, LLC, a Delaware limited liability company ("Original Declarant"), executed that certain Declaration of Covenants. Conditions, Restrictions and Reservation of Easements for Country Club of the Desert recorded on December 31, 2001 as Instrument No. 2001-652762 in the Office? of the County Recorder of Riverside County (the "Office of the Recorder") affecting that certain real property in the City of La Quinta, County of Riverside, State of California, described in Exhibit "A" and Exhibit "B" hereto, which property constitutes the First Subdivision, that certain Supplementary Declaration of Annexation of Property recorded on December 31, 2001 as Instrument No. 2001-652764 in the Office of the Recorder, and that certain First Amendment to Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Country Club of the Desert recorded on March 13, 2002 as Instrument No. 2001-132329 in the Office of the Recorder (collectively, the "OriginaJ Declaration"). B. Declarant, as successor -in -interest to Original Declarant, is the owner of the "Properties" (as hereinafter defined). C. This Declaration amends, restates and supersedes the Original Declaration in its entirety. D. All of the Properties will be developed with certain common objectives, and Owners of Lots will have certain common interests. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that all portions of the Properties are both burdened by the 14A/627262.4 2002-745938 1211V2002 W GOA 6 f 164 provisions of this Declaration for the benefit of the other portions of the Properties, and benefited by the burdens imposed on the other portions of the Properties. E. Declarant has deemed it desirable to create a common interest development pursuant to the Davis -Stirling Common Interest Development Act, including the Association formed under the Nonprofit Public Mutual Benefit Corporation Law of the State of California. The Association is delegated and assigned the powers and functions of (1) owning, maintaining and/or administering the Properties for the use of its Members and authorized guests, (2) administering and enforcing the Restrictions, and (3) collecting and disbursing the assessments and charges hereinafter created. F. All of the Properties shall be held, sold, conveyed. encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (11 run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant, the Merchant Builders, and their successive owners and each Owner and his or her respective sucressors-in-interest; and (5) may be enforced by Declarant, any Merchant Builder, any Owner or the Association. Ljadriqqziil DEFINITIONS Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings specified below. 1.1 Annexable Area. The real property described In Exhibit 4C", all or any portion of which property may be made subject to this Declaration pursuant to the provisions of Article 11 herein, below. I-LA/627262.4 2 2002-745938 t2/13,2002 09:098 it 11111111111111111111111111 7 of 184 1.2 Architectural Review Committee. The architectural and landscaping committee created pursuant to Article Vill herein, below, 1.3 Architectural Review Committee Rules. The Architectural Review Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended. 1.4 Articles. The Articles of Incorporation of the Association, as amended. 1.5 Association. The Hideaway Owners Association, a California nonprofit mutual benefit corporation, its successors and assigns. The Association is an "Association' as defined in Section 1351 (a) of the California Civil Code. 1.6 Association Easement Area. The area over which the Association has an easement or authorization for the use, care or maintenance thereof, for the common benefit, use and enjoyment of Owners as further provided in Article III of this Declaration- The Association Easement Area includes, without limitation (i) all walls, rnedian strips. slopes, berms, landscaping, parkway areas, sidewalks, and irrigation and drainage systems in public property or public rights -of -way in or near the Properties designated for maintenance by the Association pursuant to (a) this Declaration; (b) any Supplemental Declaration; (c) an agreement between a Local Governmental Agency and Declarant, a Merchant Builder or the Association; or (d) on a Recorded subdivision or parcel map of the Properties, the maintenance of which is not the responsibility of a state, local or municipal govemmental agency or entity (ii) the Association Property Walls as; hereafter defined, and (iii) areas adjacent to the Properties over which the Association is granted an easement. Without limiting the generality of the foregoing, the easement described in that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Amended Tract No. 219894-2 recorded on even date herewith in the Office of the County Recorder of Riverside County $hall be an Association Easement Area. 1-M!3272132�4 3 2092-745338 12/13/206208 &OR 111111111 IN 8 of 184 1.7 Association Funds. -rhe accounts created for Association receipts and disbursements pursuant to Article VI hereof, 1.8 Association Property. Any Lot or other real property or personal property owned in fee by the Association. 1.9 Association Property Wall. Any wall or fence which (i) separates a Lot from the immediately adjacent Common Area or Public Property, regardless of whether such wall or fence is (a) located on the common property line separating the Common Area or Public Property from the adjacent Lot, or (b) located wholly or partially within the Common Area, Public Property, or Lot immediately adjacent to such common property line, or (ii) is otherwise designated as an Association Property Wall in any Supplemental Declaration. This term shall Include, without limitation. any wall surrounding a well site owned by the Coachella Valley Water District, whether or not such wall is located on such lot or within Association Property or adjacent to Association Property. Notwithstanding the foregoing, the term Association Property Wall does not include any wall or fence, which is the maintenance responsibility of a Local Governmental Agency or individual Lot Owner(s). Association Property Wall designations pursuant to this Declaration and any Supplemental Declaration, automatically include any Association Property Wait described in (i) above, in the applicable Phase of Development regardless of whether such Association Property Wall is specifically described herein or in the applicable Supplemental Declaration. 1.10 Beneficiary, A Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary. 1.11 Board. The board of directors of the Association elected In accordance with the Association Bylaws and this Declaration. 1.12 Budget. A written. itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1-L4J627262.4 4 2802-745938 12/13/2&G2 08! @OR 11111 IN 1111 5 or 104 1.13 Bylaws. The Association's Bylaws adopted or to be adopted by the Board. 1.14 Capital Improvement Assessment, A charge against the Owners and their Lots, representing the Association's costs to install or construct any Improvements on any portion of the Common Area. 1.15 city. The City of La Quinta in the County of Riverside, State of California, and its various departments, divisions, employees and representatives. 1.16 Close of Escrow. The date on which a deed or other such instrument is Recorded conveying a Lot in the Properties pursuant to a transaction for which a Public Report is required, with the exception of (I) deeds between Declarant and (a) any successor to the rights of Declarant hereunder or (b) any Merchant Builder, or (ii) deeds between Merchant Builders. 1.17 Common Area. Common Area is the sum of all Association Property and all Association Easement Areas. Title to all or any portion of the Common Area may be subject to a prior dedication to a Local Governmental Agency. 1.18 Common Assessment. The charge against each Owner and his Lot, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Common Area, which charge shall be levied among all Owners and their respective Lots, as provided herein. Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in Its efforts to collect all assessments (other than Special Assessments) authorized pursuant to this Declaration. Each Lot which Is subject to this Declaration shall bear a Common Assessment equal to the Common Expenses divided by the number of Lots then subject to this Declaration. I-LN027262.4 5 2002-745938 12/13/201?2 &8 W1 111111 IN 111111111111111111111111111111111111111 10 of 104 1.19 Common Expenses. Subject to Article VI, the actual and estimated costs of: maintaining. managing, operating, repairing and replacing the Common Area; unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment; managing and administering the Association including, but not limited to, compensation paid by the Association to Managers, accountants, attorneys and other consultants and employees; all utilities, gardening, and other services benefiting the Common Area; maintenance and staffing of controNed access facilities; roving security; management and maintenance of internet webste(s) and related facilities; fire, casualty and liability insurance, worker's compensation insurance, and other insurance covering the Common Area; costs of dust control, maintenance of clustered mailbox structures (the mailboxes shalt be the responsibility of the applicable Owner); bonding the Association Directors, officers, agents, employees and Manager; taxes paid by the Association; amounts paid by the Association for discharge of any lion or encumbrance levied against the Common Area, or portions thereof. Including, without limitation, real property taxes or assessments, if any, levied against the Common Area; all Reserves; and all other items incurred by the Association pursuant to this Declaration. 1.20 Cost Center. One or more Improvements or maintenance area-s located on a portion or portions of the Common Area, the maintenance or use of which Improvements or maintenance areas is fully or partially restricted to Owners of certain Lots as specified herein or in one or more Supplemental Declarations, and where the expenses of operating, maintaining and replacing such Improvements or maintenance areas are bome solely or disproportionately by such specified Owners. Cost Centers may be designated in connection with future Phases of Development annexed to the Properties. There are no Cost Centers in the First Subdivision. 1.21 County. The County of Riverside, in the State of California, and Its various departments, divisions, employees and representatives. I-LA1627262A 6 2002-745938 12� 88 G&A IN r 104 1.22 Declarant ND La QuInta Partners, LLC, its successors. and any other Person to which it assigns any of Its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as NO Le Quinta Partners, LLC, may impose in its sole and absolute discretion. As used in this Section, "successor" means any person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise. Doclarant is a builder described in California Civil Code Section 1375. No Merchant Builder shall be a Declarant unless Declarant expressly assigns its rights and delegates its duties as Declarent to such Merchant Builder. 1.23 Declaration. This Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements, as may be amended from time to time. 1.24 Dedicated Common Area. Any portion of the Common Area which is subject to an unaccepted offer of dedication to a Local Governmental Agency for public access. use or maintenance. Dedicated Common Area may include parks, trails, other recreational or open space amenities, landscaping areas or other Improvements. Dedicated Common Area specifically excludes Public Property, which is the maintenance responsibility of the Association, Dedicated Common Area shall be maintained and used by the Association and the Owners in the same manner as all other Common Area until the offer of dedication is accepted, whereupon (1) the Dedicated Common Area shall be maintained by the accepting Local Governmental Agency and shall bye available for use by the general public, and (I!) the Dedicated Common Area shall no longer constitute a part of the Common Area. 1.25 Deed of Trust. A Mortgage as further defined herein. I-LA/627262.4 7 2002-745938 3�2002 OR: SSA 12 of 104 1.26 DRE. The California Department of Real Estate. or such other successor governmental agency of the State of California which administers the sale of subdivided lands pursuant to Sections 11000 at see., of the California Business and Professions Code, or any similar California statute hereafter enacted. 1.27 Family. (1) A group of natural Persons related to each other by blood or legally related to each other by marriage or adoption, or (ii) a group of natural Persons not all so related who maintain a single common household In a Residence. 1.28 FHA_ The Federal Housing Administration of the United States Department of Housing and Urban Development and any department or agency of the United States government which succeeds to the FHA's function of insuring notes secured by Mortgages on residential real estate. 1.29 FHLMC. The Federal Home Loan Mortgage Corporation created by Title 11 of the Emergency Home Finance Act of 1970, and its successors. 1.30 First Subdivision. The real property described in Exhibits "A" and "B" to this Declaration. 1.31 FNMA. The Federal National Mortgage Association, a government -sponsored private corporation established pursuant to Title VIII of the Housing and Urban Development Act of 1968, and its successors. 1.32 GNMA. The Government National Mortgage Association administered by the United States Department of Housing and Urban Development, and its successors. 1.33 Golf Club Facilities. The golf courses and related facilities including any golf practice facilities and the clubhouse, which will be part of the private golf club, which is not a pan of the Properties or the Common Area. but is located adjacent to the Properties. The Golf Club Facilities shall not be subject to nor encumbered by this Declaration. I-LN627262.4 8 2002-745938 3/2092 08 � 89H 13 f 104 1.34 Golf Club Owner. ND La Quinta Partners, LLC, and Its successors and assigns, who from time to time own the Golf Club Facilities. 1.35 Improvements. AD structures, landscaping and appurtenances thereto, including but not limited to buildings, outbuildings, walkways, clustered mailbox structures, sprinkler Pipes, irrigation systems, storm drainage systems, garages, recreational facilities, roads, driveways, parking areas, fences, screening wails. Retaining walls, stairs. decks, hedges, windbreaks, plantings, planted trees and shrubs, fire breaks, Poles, antennae, signs, exterior air conditioning and water softener fixtures or equipment. 1.36 Local Governmental Agency. The County and City and any other local or municipal governmental entity or agency including, without limitation. any special assessment district, maintenance district or community facilities district. 1.37 Lot. Any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon, but excepting any Association Property. 1.38 Manager. A Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as Provided herein. 1,30 Member. A person holding a Membership in the Association. Membership means the voting and other rights and privileges of Members as provided In the Restrictions, together with the correlative duties and obligations contained therein, 1.40 Merchant Builder. A Person who acquires a portion of the Properties for the purpose of development and resale to the general public, provided, however that the term "March ant Builder" shall not mean Declarant. I-Lk(1272U.4 2002-745938 U/IV2002 98 WA IIIIIIII MI 111111111111110111111 IN 14 of 104 1.41 Mortgage. Any mortgage or deed of trust or other conveyance of a Lot or other portion of the Properties to secure the performance of an obligation, which will be re -conveyed upon the completion of such performance, The term "Dead of Trust" or 'Trust Deed" is synonymous with the term OMortgage'. 1.42 Mortgagee/Mortgagor. A Person to whom a Mortgage Is made including the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages his or her property to another and including the Trustor under a Deed of Trust. The term "Trustor"Is synonymous with the term "Mortgagor," and the term "Beneficiary' is synonymous with the term Mortgagee." 1.43 Notice and Hearing. Written notice and a hearing before the Board or the Architectural Review Committee, as applicable, as further provided herein or in the Bylaws. 1.44 Owner. A Person or Persons, including Declarant and Merchant Builders, holding a fee simple or long- term ground leasehold interest of Record to a Lot. The term "Owner" includes a seller under an executory contract of sale. but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term of ten (10) or more years. 1.45 Person. A natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property- 1.46 Phase of Development. (1) The First Subdivision, (it) any portion of the Properties covered by a Supplemental Declaration for which a Public Report has been issued by the DRE, unless otherwise defined in such Supplemental Declaration, (Iii) any portion of the Properties designated as a Phase of Development in a Recorded Supplemental Declaration (including all amendments thereto) governing such property, or (Iv) if no Public Report is issued and there is no Phase of Development designation In the Supplemental Declaration for a portion of the Properties, then all of the real property annexed pursuant to that Supplemental Declaration shall be a Phase of Development. 11-1-V627262.4 10 2002-745938 12/13/2W2 9a &OR IN 15 of IN4 1.47 Properties. The First Subdivision, together with portions of the Annexable Area which are annexed to) the property which is subject to this Declaration pursuant to Article 11 hereof. The Properties are a "common interest development" as defined in Section 1351(c) of the California Civil Code. 1.48 Public Property. All walls, median strips, slopes, berms, landscaping, equestrian trails, sidewalks and irrigation and drainage systems on public property designated for maintenance by a Local Government Agency pursuant to this Declaration, any Supplemental Declarations, any agreement or Recorded map. 1.49 Public Report. A Final Subdivision Public Report issued by ORE In compliance with Sections 11000 EtSeq. of the California Business and Professions Code, or any similar California statute hereafter enacted. 1.50 Reconstruction Assessment. A charge against each Owner and such Owner's Lot. representing a portion of the Association's cost to reconstruct any Improvements on the Common Area, pursuant to the provisions of this Declaration. 1.51 Record, Recorded, Recordation. The recordation or filing of any document in the Office of the Riverside County Recorder. 1.62 Reserves. Those Common Expenses for which Association funds are set aside pursuant to Article %11 of this Declaration and Section 1365.5 of the California Civil Code for funding the periodic surface refurtishment, maintaining, repairing and replacing of the major components of the Common Area which would not reasonably be expected to recur on an annual or less frequent basis. Reserves shall be determined annually by the Board pursuant to maintenance cost guidelines established in accordance with prudent property management practices generally applied for"common interest developments" (as defined in Section 1351 (c) of the California Civil Code) throughout the County. 1.53 Residence. A dwelling Intended for use and occupancy by a single Family and located on a Lot. 1-Lk627262,4 M02-745938 W13/2062 08: 908 IN III IIIIIIII III IIIIII 1111111 IS f 104 1.64 ftstflations. This Declaration, the Supplemental Declarations, the Articles, the Bylaws, the Architectural Review Committee Rules, the Rules and Regulations and the Association Guidelines. 1.55 Rules and Regulations. The rules and regulations adopted by the Board as provided herein. 1.56 Special Assessment. A charge against each Lot levied by the Association, calculated in the same manner as Common Assessments, in the event the collected Common Assessments are inadequate to meet the Cornmon Expenses of the Association, plus Interest and other charges on such Special Assessment as provided for in this Declaration. Special Assessment shall also refer to a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration. 1.57 Supplemental Declaration. Any declaration of covenants, conditions and restrictions and reservation of easements or similar document adding real property to the Properties or supplementing this Declaration which may be Recorded pursuant to Article 11 of this Declaration. 1.58 VA. The Department of Veterans Affairs of the United States of America and any department or agency of the United States government which succeeds to VA's function of issuing guarantees of notes secured by Mortgages on residential real estate. ARTICLE 11 DEVELOPMENT; LAND CLASSIFICATION; ANNEXATION 2.1 Interpretation of Declaration. As each Phase of Development is developed, Declarant or Declarant and a Merchant Builder may, with respect thereto, Record one (1) or more Supplemental Declarations which incorporate this Declaration by reference, which shall use classifications for the Phase of Development, and which may 1-LA/927262.4 12 2002-745938 12/13�2662 &S 008 11111111111111111 1111111 17 f 1194 supplement this Declaration with such additional covenants, conditions, restrictions and land uses as Declarant may deem appropriate for the real property being annexed thereby C'Annexed Territory"). The provisions of any Supplemental Declaration may impose on the Annexed Territory such additional or more restrictive conditions, covenants, restrictions, land uses and limitations as Declarant or a Merchant Builder may deem advisable, taking Into account the particularly requirements of the Annexed Territory; and any such conditions shall not be deemed to constitute a conflict with the provisions of this Declaration to the extent they can reasonably be interpreted to be consistent. If there is any conflict between and Supplemental Declaration and the Declaration, the provisions of the Supplemental Declaration shall control with respect to the Annexed Territory described in such Supplemental Declaration, although such documents shall be construed to be consistent with one another to the extent possible 2.2 First Subdivision Land Classification. 2.2.1 Lots. The portion of the First Subdivision described in Exhibit "N' are Lots on which residential Improvements will be constructed. 2.2.2 Common Area. The portion of the First Subdivision, if any, described in Exhibit "B" is classified as Common Area. Common Area designations pursuant to this Declaration and any Supplemental Declaration automatically include any Association Property Wall In the applicable Phase of Development, regardless of whether such Association Property Wall is specifically described In Exhibit "B" or the applicable Supplemental Declaration. 2.3 Annexation of Annexable Area. 2.3.1 Timing. Declarant and Merchant Builders may, but shall not be required to, at any time or from time to time, add to the Properties covered by this Declaration all or any portion of the Annexable, Area by Recording a Supplemental Declaration with respect to the Annexed Territory covered thereby. Annexable Area may be added to the Properties without limitation as to time and without the approval of the Owners or the Association. Any proposed addition to the Properties of real property not located in the Annexable Area ('Other Area") shall require the approval of Members representing at least two thirds (213) of the voting power of the Association. 2.3.2 Declaration Coverage. Upon Recording a Supplemental Declaration, the covenants, conditions and restrictions contained in this Declaration shall apply to the Annexed Territory in I-LA/627262.4 13 2862-745938 12/13/2602 96 NOR IIIIIIII IN III IIIIIIII III HIM 1111111 16 of 104 the same manner as if it were originally covered by this Declaration and originally constituted a portion of the Properties, subject to the provisions of the applicable Supplemental Declaration; and thereafter the rights, privileges, duties and liabilities of the Declarant and/or Merchant Builder with respect to the Annexed Territory shall be the same as with respect to the First Subdivision; and, within the Annexed Territory shall be the same as in the case of the Lots originally affected by this Declaration, subject to the provisions of the applicable Supplemental Declaration. 2.3.3 Supplemental Declaration Content. The Supplemental Declaration annexing Annexed Territory shall contain at least the following provisions: Declaration Reference. A reference to this Declaration, which reference shall state the date of Recordation hereof and the Instrument number or other relevant Recording data of the County Recorder's office; (Ii) Extension of Comprehensive Plan. A statement that the provisions of this Declaration shall apply to the Annexed Territory as set forth therein. (iii) Description. A description of the Annexed Territory, including any Common Area and Public Property; and (IV) Land Classification. The land classifications of the Annexed Territory. 2-3.4 Approval of Annexation. Each Supplemental Declaration shall be signed by Declarant and by each Record owner of the Annexed Territory. For any annexation of Other Area, each Supplemental Declaration must be signed by the Record owner of the Annexed Territory and by an officer of the Association, certifying that the approval of the requisite percentage of Members has been obtained. 2.3.5 Phasing; Amendments. A Supplemental Declaration may cover one (1) or more Phases of Development, as designated in such Supplemental Declaration. A Supplemental Declaration which specifies that the Annexed Territory shall comprise a single Phase of Development may be amended prior to the commencement of Common Assessments within the Annexed Territory by an amendment to such Supplemental Declaration executed by all parties required to sign the Supplemental Declaration and thereafter Recorded, which amendment (1) specifies that the Annexed Territory shall comprise more than one (1) Phase of Development and identifies each such Phase of Development within the Annexed Territory, and (!I) Identifies which portions of the Common Area, if any, 1-LM27262.4 14 2692-745938 t?1113�209208 @OR 11111111111111111 IN III IIIIIIII 1111111111111111 19 of 164 described in the previously Recorded Supplemental Declaration are to be included in each such designated Phase of Development. 2.3.6 Deannexation and Amendment. With respect to a Phase of Development or any part thereof, which is owed by Declarant (other than Public Property and Dedicated Common Area), Declarant may unilaterally amend a Supplemental Declaration or delete all or a portion of such Phase of Development from coverage of this Declaration and the jurisdiction of the Association. Withrespecttoa Phase of Development or any part thereof which is owed by a Merchant Builder (other than Public Property and Dedicated Common Area), such Merchant Builder, with the express consent of D,eclarant, may amend a Supplemental Declaration or delete all or a portion of Stich Phase of Development from coverage of this Declaration and the jurisdiction of the Association. The foregoing rights of Declarant and/or a Merchant Builder to de -annex are subject to the following requirements: (1) a Notice of Deletion of Territory or an amendment to the Supplemental Declaration, as applicable, is Recorded in the same manner as the applicable Supplemental Declaration, (2) no Class A or Class 8 Association vote has been exercised with respect to any portion of such Phase of Development, J3) Common Assessments have not yet commenced with respect to any portion of such Phase of Development, (4) there has been no Close of Escrow for the sale of any Lot in such Phase of Development, (5) the Association has not made any expenditures or incurred any obligations with respect to any portion of such Phase of Development, and (6) if such Phase of Development consists of area as to which VA or FHA has issued a "project approval" (i.e. has agreed to guarantee or insure loans secured by Mortgages on Lots located in such Phase of Development), VA, FHA or both, as applicable, have approved such deannexation or amendment. Notwithstanding the foregoing, Declarant may also unilaterally amend a Supplemental Declaration as provided in Section 13.2.1 hereof. ARTICLE III COMMON AREA: USES AND RESTRICTIONS 3.1 Owners' Rights of Enjoyment. Every Owner and, to the extent permitted by such Owner pursuant to the Restrictions, such Owner's Family, guests, invltees, lessees, and contract purchasers who resided In such Owner's Lot ("Owner Representatives"), shall have a fight of ingress and egress and of enjoyment in. to and over the I-W627262.4 15 2002-745938 12113120&2 08 &Gfl 1111111111111111111111111111111111111111111111111111111 20 of 104 Association Property which shall be appurtenant to and shall pass with title to every Lot. subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than Public Property) and the following provisions: 3.1.1 Additional Common Area. The right of Declarant or any Merchant Builder to designate additional Common Area pursuant to the terms of Article 11 hereof. 3.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use ofthe Common Area and any recreational and other fadlities located thereon. including, but not limited to, the right and obligation of the Association to enforce all parking restrictions for parking areas within the Common Area as set forth in Section 3.3 below. 3.1.3 Guests. The Association's right to reasonably limit the number of guests of Owners using the Common Area and any facilities thereon. The Rules and Regulations may specify a maximum number of guests which an Owner may admit to the Common Area recreational facilities at one time without first obtaining the Association's prior written authorization. The Rules and Regulations may also require a deposit or other arrangements before Owners may use the Common Area facilities for such large groups of guests. 3.1.4 Fees. The Association's right to charge reasonable admission and other fees for the use of any facilities situated upon the Common Area. 3.1.5 Suspension of Rights. The Association's right to suspend the Membership rights and other rights and easements of any Owner and such Owner's Owner Representatives to use the Common Area and the facilities and Improvements located thereon, for any period during which any assessment against such Owner's Lot remains unpaid and delinquent; and for a period not to exceed thirty (30) days for any non -continuing infraction of the Rules and Regulations of the Association as more fully provided in the Bylaws. Any suspension of Membership rights or right to use any Common Area facilities (1) shall be made only by the Board, after Notice and Hearing, and (4) shall not limit or preclude pedestrian or vehicular access to such Owner's Lot. 3.1.6 Common Area Transfers. The Association's rights set forth in Section 5,2.4 of this Declaration and Declarant's rights set forth in Article X hereof. 1-LM627262.4 16 202-745338 312062 Ga GOP 21 of 104 3.1.7 Use By Declarant and Merchant Builders. The right of Declarant and Merchant Builders (and their employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Common Area, for the benefit of Declarant or the Merchant Builders of the Annexable Area or any combination thereof, to complete the construction of any landscaping, utilities or other Improvements to be installed thereon, as well as the right to nonexclusive use of the Association Property and the facilities thereof, without charge, for sales. display, access, ingress, egress, exhibition and occasional special events for promotional purposes, which right Declarant hereby reserves; provided, however, that such use rights shall terminate on the earlier of (I) the expiration of twenty (20) years after the first Close of Escrow for a Lot in the Properties, or (11) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties and all of the Annexable Area has been added to the Properties. Such use shall not unreasonably interfere with the rights of enjoyment of the other Owners as provided herein. 3.1.8 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Area, in accordance with the Association Guidelines, the Architectural Review Committee Rules and the original design, finish or standard of construction of such Improvement or of the other Improvements within any Phase of Development. 3.1.9 Maintenance. The Association's right to maintain and repair and replace the Common Area and all improvements located thereon. 3.1.10 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to slopes and other sensitive landscaped areas. maintenance facilities, open space areas and similar areas of the Common Area. In addition, in the Supplemental Declaration, Declarant may designate exclusive use areas within the Association Property for the exclusive use or maintenance by one or more Owners. and Declarant hereby reserves a perpetual easement burdening each Lot of the Association Property for such purposes, together with the right to assign such easement to one or more Merchant Builders. The Association shall have exclusive control over all of the Common Area except for Public Property and any exclusive use or maintenance area designated in a Supplemental Declaration or pursuant to Section 5.2.4 below. I-LV627262.4 17 2@02-745938 te/13/260289 96A 11111111111 MI III IIIIIIII III IIIIIIIII 1111 22 of H34 3.2 Delegation of Use. The Owner of a Lot may delegate, in accordance with the Restrictions, the Owner's right of enjoyment of the Common Area and facilities to the Owner's Owner Representatives who occupy the Owner's Lot, subject to reasonable regulation by the Board. An Owner who does not reside in his Residence and who has delegated his right of enjoyment of the Common Area to a tenant or contract purchaser who occupies the Residence shall not be entitled lo the use and enjoyment of any recreational facilities located on the Common Area during the term of such delegation. 3.3 Parking and Traffic Control. Temporary guest is permitted within the Common Area only within spaces and areas clearly marked for such purpose. The Association, through the Board, is empowered to establish "parking" and restricted "guest parking " and "no parking" areas within the Common Area in accordance with Section 22658 and 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce theses parking limitations through its officers and agents by all means lawful for such enforcement on public streets, including the removal of any violating vehicle. The Board is also authorized and empowered to request that the City or other applicable agency enforce the California Vehicle Code on any private streets within the Properties, if any, including any Common Area private streets, pursuant to applicable ordinances and provisions of the California Vehicle Code permitting governmental enforcement thereof. 3-4 Easements for Vehicular Traffic. In addition to the general easements for use of the Common Area reserved herein, Declarant hereby reserves to itself, to all future Owners within the Properties, and to every Owner and their respective Owner Representative nonexclusive easements appurtenant to each Lot in the Properties for vehicular and pedestrian traffic over any and all private streets and walkways, if any, within the Common Area, subject to the Restrictions. Declarant, on behalf of itself and all Merchant Builders, reserves the right to grant similar easements to owners of property in the Annexable Area whether or not annexed to the Properties. I-LM27262.4 23 of 104 3.5 Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or other property In the Properties from the liens and Charges hereof, by waiver of the use and enjoyment of the Common Area or any facilities thereon or by abandonment of his Lot or any other property in the Properties. 3.6 Title to the Common Area. 3.6.1 Transfer. As each Phase of Development is developed by Declarant or a Merchant Builder, Declarant or such Merchant Builder, as applicable, will convey or cause to be conveyed to the Association, in fee simple or by easement, the Common Area (excluding Public Property) in such Phase of Development designated by Declarant in its sole discretion, free and clear of any and all monetary encumbrances and liens (other than nondelinquent taxes and assessments), subject to reservations, easements, covenants. and conditions then of record, including those set forth in this Declaration, or as contained In the deed conveying such Common Area. Such conveyance shall either be completed before the first Close of Escrow for a Lot in such Phase of Development, or completed and/or conveyed to the Association after the first Close of Escrow in accordance with the requirements of the DRE. No Owner shall interfere with the exercise by the Associatior of its rights hereunder or its easement for maintenance over Common Area which is owned in fee by such Owner. 3.6.2 Commencement of Maintenance. Notwithstanding any conveyance of' Common Area to the Association, the Association's responsibility to maintain the Common Area located in any Phase Of Development shall begin on the Commencement of Common Assessments in such Phase of Development; except that, if such Phase of Development consists of Only Common Area, the Association's maintenance responsibility therefor shall commence on the first day of the month immediately following the month in which the deed or easement is Recorded conveying such property or easement to the Association. Notwithstanding the prior sentence, the conveyance of an easement to the Association, including without limitation, the conveyance of an easement burdening the road lots described In that certain Easement and Road Maintenance Agreement burdening Lots Q and EE of Amended Tract No. 29894-2 and recorded on even date herewith in the Office of the County Recorder of Riverside County, shall not result in the commencement of the Association's maintenance responsibility if I-LQ(12102024 20@2-745938 ?" 13/2602 08 06A 24 of 194 the easement expressly provides that the owner of the burdened property shall be responsible for maintenance of the easement area. Prior to the commencement of the Association's maintenance responsibility, such maintenance shall be the responsibility of Declarant or the Merchant Builder, as applicable, depending on whether such Phase of Development is being developed by Declarant or a Merchant Builder. Notwithstanding the foregoing, if the contractors or subcontractors of Declararit or a Merchant Builder are contractually obligated to maintain the landscaping or other Improvements on the Common Area, the Association shall not interfere with the performance of such warranty or other contractual maintenance obligations. Such maintenance performed by the contractors or subcontractors of Declarant or Merchant Builders shall not postpone the commencement of Common Assessments pursuant to this Declaration nor entitle an Owner to claim any offset or reduction in the amount of such assessments, If the Dedicated Common Area or any other portion of the Common Area is dedicated to and accepted for maintenance by a Local Governmental Agency, then the Association may but need not maintain the area if the Local Governmental Agency either falls to maintain the area or elects to cease maintaining the area. 3.6.3 Character of Common Area Improvements. The nature, design, quantity, quality and all other attributes of the Common Area, and the facilities and amenities thereon, shall be determined In Declarant's sole and absolute discretion. The Association shall be unconditionally obligated to accept title to and maintenance responsibility for the Common Area when such title and maintenance responsibility is tendered by Declarant alone or together with a Merchant Builder. If a dispute arises between the Association and Declarant or any Merchant Builder In connection with the nature, design, quantity, quality or other attributes of the Common Area. the completion thereof, the state of title thereto or the acceptance of title or maintenance responsibility therefor (a "Common Area Dispute"), then the Association shall be obligated to accept title to and assume maintenance responsibility for such Common Area and the Improvements and facilities thereon pending resolution of such Common Area Dispute. 3.7 Texas. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of such Owner's Lot. If. in the I.LV627262.4 20 202-745938 12,13/2062 09: NA 11111111111 Nil 1111111111111111111111111111111 25 f W4 Association's opinion, any taxes or assessments constitute a lien on the Common Area, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Common Area and attributable to such Owner's own Lot. 3.8 Master Communications Systems Service Easement. All of the Properties are subject to nonexclusive easements of access, ingress, and egress, for purposes of installing, operating, maintaining, repairing, inspecting, removing and replacing the! community antenna television system, and other communication service lines, facilities, and equipment, for the benefit of Declarant and it subsidiaries, transferees, successors and assigns, as reserved and granted by reservations and conveyances of record and the provisions hereof. Such eas ements are freely transferable by Declarant to any other individual or entity and their successive owners for the purpose of providing a community antenna television system and communication services to the Properties, any portion thereof, and any adjoining property or property in the vicinity of the Properties. All such community antenna television and communication lines, facilities and equipment shall remain the property of Declarant, its subsidiaries, successors, transferees and assigns, and transfer of all or any portion of the Properties does not imply the transfer of any such community antenna television and communication easements or the lines. facilities or equipment located thereon, Exercise of the easements reserved in this Section shall not unreasonably interfere with the reasonable use and enjoyment of the Properties, 19 Association Property Wall Easements. Declarant reserves to the benefit of the Association (I) an easement over those portions of the Lots withIn three (3) feet of the common property line separating the Common Area from such Lots for the purpose of accommodating footings and other structural components, if any, of the Association Property Wall located on or immediately adjacent to such common property a boundary line, including any encroachments thereof onto the Lots; and (ii) an easement of access, ingress and egress over the Lots reasonably necessary for the maintenance, repair and repl;cement of Association Property Wells and related Improvements. I-MO27262.4 21 2002-745938 i2� I V2602 &13 ; G&R IIIIII Nil 11111111111111111111111111 mill 1111111 26 of W4 3.10 Declarant Easements. Declarent hereby reserves to itself together with the right to transfer same easements of access, Ingress and egress over all Association Property and Lots for installation and maintenance of utilities and drainage facilities shown on a subdivision map or maps for the Properties or, if not so shown. reasonably necessary, in the sole opinion of Declarant, for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devises and Improvements which may be reasonably necessary for the development and marketing of Residences within the Properties and Annexable Area, including, but not limited to, water, sewer, gas, telephone, electrical, television, storm drain and water lines (collectively the "Facilities'). Each Owner by accepting a deed to a ResIdence expressly consents to the foregoing easements and rights of way and authorizes and appoints Declarant (so long as Declarant owns all or any portion of the Properties or Annexable Area) as aftomey-in-fact of such Owner to execute any and all instruments particularly describing, locating, granting or transferring such easements or rights of way. Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority, Declarant also reserves the right to grant easements over the Association Property, or any portion thereof for exclusive use by any Owner or Owners of a contiguous Lot for which Close of Escrow has already occurred, as a yard, recreational, gardening or landscape area. Any such easement will be conveyed by the Declarant prior to conveying the last Lot In the Properties or any portion of the Annexable Area. Such conveyance must be approved in advance by the Board. 3.11 Regular Inspection. 3A 1.1 Duty to Inspect. It shall be the duty of the Board to have the Common Area inspected at least once every 3 years. 3.11.2 Purpose of Inspection. The purpose of the inspection shall be to (I) determine whether the Common Area is being maintained adequately in accordance with the Association Guidelines and such other prudent maintenance practices appropriate for Improvements such as those comprising the Common Area, (11) identify the condition of the Common Area and any Improvements thereon including the existence of any hazards or defects, and the need for performing additional maintenance, I-L.V6272U.4 f 104 refurbishment, replacement, or repair, and (III) recommend preventive actions (such as root pruning and tree removal) which may be taken to reduce potential maintenance costs to be incurred in the future. 3.11.3 Scope of Inspection. All of the Common Area and Improvements thereon Including, but not limited to, all structures, gates, walls, walkways, irrigation systems, landscaping, and drainage devices thereon shall be inspected. 3.11.4 Experts and Consultants. The Board may employ such experts and consultants as are necessary to perform the inspection and make the report required by this Section. 3.11.5 Report to Owners. The Board shall have a written report of the results of the inspection of the Common Area required by this Section furnished to Owners within the time set forth for furnishing Owners with the Budget. The report shall include at least the following: a description of the condition of the Common Area, including a list of items inspected, and the status of maintenance, repair and need for replacement of all such items; (ii) a description of all maintenance, repair and replacement planned for the ensuing fiscal year and included in the Budget; for such deferment; (III) if any maintenance, repair or replacement is to be deferred, the reason (Iv) a summary of all reports of inspections performed by any expert or consultant employed by the Board to perform inspections, IV) a report of the status of compliance with the maintenance, replacement and repair needs set forth in the inspection report for the preceding years; and, (vi) such other matters as the Board deems appropriate. 3.12 Dust Control and Maintenance Easement. The Declarant, so long as Declarant owns a Lot in the Properties, and the Association shall have the right and an easement to enter upon any Lot for the purpose of maintaining and taking reasonable measures to control dust, overgrowth and/or landscaping until such time as the Owner of the Lot has commenced construction of a residence on the Lot pursuant to plans approved by the Architectural Review Committee. Any such costs incurred for such dust control andlor maintenance shall be a part of the Common Expenses and charged as a Common Assessment. 1-L.AJ627262.4 23 2602-745938 12/13/2002 Ga NR I IIIIII IIIIII 111111111111111111111111111111111111111111 28 of 104 ARTICLE IV ASSOCIATION 4.1 Organization. The Association Is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall. for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration. 4.2 Membership. Members of the Association are Declarant, for so long as Declarant is entitled to cast a (',less C vote pursuant to this Section, and each Owner (including Declarant and any Merchant Builder) of one (1) or more Lots in the Properties. Membership in the Association is subject to the Restrictions- Excepting the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot owned by each Owner, and ownership of a Lot is the sole qualification for an Owner's Membership in the Association. 4.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows: Class A. The Class A Members are all Owners, except Declarant and Merchant Builders shall not be Class A Members for so long as there exists a Class 8 Membership. Class A Members are assigned one (1) vote for each Lot owned by such Member which is subject to assessments. (1i) Class B. The Class 13 Members are Declarant and the Merchant Builders. The Class B Members are assigned three (3) votes for each Lot owned by such Member which is subject to assessment. Votes of the Class B Members may be exercised by Declarant on behalf of the Class 8 Members. The Class 8 Membership shall be converted to Class A Membership on the date ("Class B Termination Date") which is the earlier to occur of the following events: 1-LA/827262.4 24 2092-745938 12�13,29G208 06A 111111111111111111111111111111111111111111111111 28 Of 164 (A) The CIOS8 Of Escrow for the sale of 368 Lots in the Overall development composed of the Properties and Annexable Area. (8) The fifth (51h) anniversary of the first Close of Escrow in the Phase of Development for which a Final Subdivision Public Report was most recently issued by the DIRE. (C) The twenty-fifth (25�h) anniversary of the first Close of Escrow for the sale of a Lot in the Properties. (III) Class C. The Class C Member shall be Declarant irrespective of whether Declarant is or is not an Owner. The Class C Membership shall not be considered a part of the voting power of the Association and Declarant is not entitled to exercise any Class C vote except for the purpose of electing those members of the Board, which the Class C Membership is entitled to elect hereunder. The Class C Member is entitled to solely elect a majority of the members of the Board until the Class C Termination Date. The "Class C Termination Date"shall be the earlier to occur of the following events: (A) The Close of Escrow for the sale of 368 Lots in the overall development composed of the Properties and Annexable Area. The fifth (5") anniversary of the first Close of Escrow in the Phase Of Development for which a Final Subdivision Public Report was most recently issued by the DRE. (C) The twenty-fifth (25') anniversary of the first Close of Escrow for the sale of a Lot In the Properties. Commencing on the date on which Declarant no longer has an elected or appointed representative(s) on the Board, and continuing until the date on which Declarant no longer owns a Lot in the Properties or any portion of the Annexable Area, the Association shall provide Declarant with written notice of sit meetings of the Board as if Declarant were an Owner and Declarant shall be entitled to have a representative present at all such Board meetings ('Declarant's Representative"). The Declaraint's Representative shall be present In an advisory capacity only and shall not be a Board member or have any right to vote on matters coming before the Board- 4.2.2 Transfer of Membership. An Owner's Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant I -W627262.4 25 26&2-745938 181,1312002 08 &OR I IN 111 IN 10 -f 104 Lot, and then only to the purchaser or Mortgagee of such Lot. Declarant's Class C Membership may not be transferred except to a successor to all or a part of Declarant's rights under this Declaration. Any attempt to make a prohibited Membership transfer is void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purcthaser, such delegation shall be In writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot until fee titfe to the Lot Is transferred. If the Owner of any Lot fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's' Lot upon transfer of fee title thereto, the Board may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records. 4.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member. including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Special Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or dischargle of the Member's obligation to pay the assessments provided for herein. 4.2.4 Joint Ownership Votes. The vote that is attributed to each Lot may not be cast on a tractional basis. If the Lot has more than one Owner and the Owners are unable to agree as to how the vote should be cast, the vote shall be forfeited on the matter in question. If one Owner casts the vote attributed to a Lot, the vote shall conclusively bind all the O�vners of that Lot. If more than one Owner casts the vote attributed to a Lot in any matter in which only one vote could be cast for that Lot, the votes cost by such Owners shall not be counted and shall be considered void. 4.2.5 Cumulative Voting. The election of members to the Board may be by cumulative voting as described herein, provided an Owner has placed a candidate's name in nomination prior to the voting and given notice at the meeting prior to the voting of the Owner's intention to cumulate I-LV627262.4 26 2082-745338 12,'1V2862 08: OUR 1111111111111111111111111111111111111111111111111111111 31 f iG4 votes. If any Owner has given such notice, then all Owners shall have the right to cumulate their votes for candidates in nomination. Under cumulative voting, each Owner, either in person or by Proxy, may give a single candidate the number of votes equal to the number of directors to be elected multiplied by the number of votes the Owner is entitled to exercise under this Declaration, or the Owner may distribute these cumulated votes among any two or more candidates as the Owner desires. The candidates receiving the highest number of votes up to the number of Board members to be elected shall be elected, unless the entire Board is removed by a vote of the Owners, an individual director may not be removed prior to the expiration of his or her term if the votes against removal would have been sufficient to elect that director if cast cumulatively at an election at which the same total number of votes were cast and all directors authorized at the time of the most recent election of that director were being elected. These cumulative voting provisions do not apply to the election of special directors by Owners other than Declarant under the provisions set forth in the Bylaws. ARTICLE V FUNCTIONS OF THE ASSOCIATION 5.1 Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (1) equipping, maintaining, operating and utilizing the Common Area, including the social, recreational and other Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Common Area, and (iii) administering and enforcing the Restrictions (collectively, the "Permitted Functions"). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 5.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions. Nothing in this Section 5.1 shall be deemed to preclude the use of the Common Area facilities by Declarant or the Merchant Builders for promotional special events and other purposes as authorized by Section 3.1.7. 5.2 Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts I-LA/821'262.4 27 2002-745928 �� 13/2902 08: 68A 1111 IN 32 of 104 which may be necessary or proper for or Incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has: 5.2.1 Assessments. The power and duty to levy assessments on the Owners of Lots in Phases of Development in which assessments have commenced and to collect and enforce Payment of such assessments in accordance with the provisions of Article V1 hereof. 5.2.2 Repair and Maintenance. The power and duty to accept title to and to paint, Plant, maintain and repair in a neat and attractive condition, all Common Area and all private streets, trails and drives, open space, slopes, private drainage facilities, streetscape architecture, landscaping, utilities, recreational facilities, Association Property Walls, fences or other Improvements thereon, in a safe, sanitary and attractive condition and in good order and repair, and to pay for utilities, gardening and other necessary services for the Common Area. Subject to the Restrictions, all of the foregoing obligations of the Association shall be discharged when and In such manner as the Board determines in its judgment to be appropriate, provided that the Association shall (1) comply with the Association Guidelines, and (if) conform with the requirements of any agreements entered Into between Declarant or any Merchant Builder and a Local Governmental Agency pertaining to the -Properties Including, without limitation, any agreements providing for the maintenance of Public Property by the Association. 5.2.3 Exclusions from Maintenance. Notwithstanding the immediately preceding Subsection, the Association shall have no responsibility to provide the services referred to in this Subsection with respect to (a) any Dedicated Common Area which is accepted by a Local Governmental Agency for maintenance, or (b) any other Improvement (including without limitation parkway areas, median strips, trails and sidewalks) which is accepted for maintenance by any state or Local Governmental Agency. Such responsibility shall be that of the applicable agency. 5.2.4 Right to impose Sanctions for Violations of Declaration. In adclltlonlo any other enforcement rights described In this Declaration and the Bylaws, or authorized by law and subject to any restriction s on the Association's enforcement rights, including any due process requirements, imposed by this Declaration, the Bylaws, or by law. the Association may take any of the following actions against any person or entity whose act or failure to act violates or threatens to violate any provision of this Declaration. the Bylaws, or Rules and Regulations: 1,L.A/627202.4 28 2092-?45938 12� 13112%2 as 06A 11111111 OF 111111111111111111111111111 33 f 104 A. impose monetary penalties, including late charges and interest; B. suspend voting rights in the Association; C. suspend use privileges for the Common Area; and, 0. commence a legal action for damages, injunctive relief, or both. The determination of whether to impose any of the foregoing sanctions shall bet within the sole discretion of the Association. Any legal action may be brought In the name of the Association on its own behalf and on behalf of any Owner who consents, and the prevailing party in any such action shall be entitled to recover costs and reasonable attorneys'fees. The Association may take more than one of the foregoing enforcement actions against any one violation or threatened violation, provided that a suspension of use privileges shall not exceed 60 days (unless the suspension is for delinquent assessments) and a monetary penalty shall not exceed $250.00 (excluding late charges imposed for delinquent assessments) for any on violation. The Association, in its sole discretion, may resolve or settle any dispute, Including any legal action, under such terms and conditions as it considers appropriate. The Association may not cause a forfeiture or abridgement of any Owner's right to the full use and enjoyment of his or her Lot except by judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under power of sale for failure of the Owner to pay assessments duly levied by the Association. If any Owner fails to cure a default within sixty (60) days after written notice to that Owner, the Association shall give the notice required in Section 13.41 to the Mortgagee of record. 5.2.5 Right to Delegate Powers and Duties; Professional Management. The Association may delegate any of its powers and duties to its employees, committees, or agents, Including a professional management agent, Any agreement for Professional management of the development shall be terminable by either party with or without cause and without Payment of a termination fee on thirty (30) days written notice. The term of any such agreement shall not exceed one year except as otherwise specifically provided in this Declaration, although such agreement may be renewed form year to year by the Association. If the development is professionally maintained or managed, the Board shall not terminate professional management and assume self -management without the consent of 75% of first Mortgageees. 1-MG27262.4 29 2&92-745938 12/13/2602 08, GOA IN 34 of 104 5.2.8 Payment of Taxes and Assessments. The Association shall Pay all real and personal property taxes and assessments and all other taxes levied against the Association, the Common Area, or the personal Property owned by the Association. Such taxes and assessments may be contested or compromised by the Association. provided that they are paid or that a bond Insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes, 5.2.7 Legal and Accounting Services. Subject to Section 5.2.10, the power but not the duty, if deemed appropriate by the Board, to retain and pay for legal and accounting services necessary or proper in operating the Common Area, enforcing the Restrictions, and performing any of the other Association duties or rights. 5.2.8 Contracts. Except as otherwise approved by the DRE and as provided in this Declaration, neither Declarant nor any of its agents shall enter any contract which would bind the Association or the Board for a period in excess of one (1) year. 5.2.9 Litigation. Subject to Sections 13.6 and 13.15, the power but not the duty to initiate, defend, settle or Intervene In mediation. arbitration, judicial or administrative proceedings on behalf of the Association in matters pertaining to (1) the application or enforcement of the Restrictions and (I!) damage to the Common Area. Any recovery by the Association with respect to any damage to or defect in the Common Area shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Common Area damage or defect. 5.2-10 Enforcement of Bonded Obligations. If the Association is the obligee under a bond or other arrangement to secure performance of a commitment of the Declarant or its successors or assigns to complete Common Area improvements, not completed at the time the DRE issues a final subdivision public report for the latest phase of the Project, the Board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any improvement for which a notice of completion has not been filed by the later of (I) sixty (60) days after the completion date specified for that Improvement in the "planned construction statement"appencled to the bond, or (!I) thirty (30) days after the expiration of any written extension given by the Association. If the Board falls to consider and vote on the action to enforce the obligations under the bond, or if the Board decides not to initiate action to enforce the obligations under the bond, then on 1-LVO27262.4 30 2092-?45938 12"13/2092 08 ow IN 35 �f JE)4 receipt of a Petition signed by Owners representing not less than five percent of the total voting power of the Association, the Board shall call a special meeting of Owners for the purpose of voting to override the decision of the Board not to Initiate action or to compel the Board to take action to enforce theobligations under the Bond. The Board shall give written notice of the meeting to all Owners entitled to vote In the manner provided in this Declaration or in the Bylaws for notices of special meetings of Owners. The meeting shall be held not less than thirty-five (35) days nQr more than forty-five (45) days after receipt of the petition. At the meeting, the vote in person or by proxy of a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the bond shall be considered the decision of the Association and the Board shall implement this decision by initiating and pursuing appropriate action In the name of the Association, The Board shall have the power and duty to release security and exonerate bonds posted by Declarant to secure obligations to the Association immediately upon satisfaction of the obligations giving rise to such security. 5.2.11 Preparation and Distribution of Financial Statements, Reports, and Copies of Governing Documents. The Association shall prepare and distribute the following financial statement, reports, and copies of the governing instruments as Indicated: A. A balance sheet rendered as of an accounting date that is the last day of the month closest In time to six months form the date of closing of the first sale of a Lot ("accounting date"), and an operating statement for the period commencing with the date of closing of the first sale and ending on the accounting date. The operating statement shall include a schedule of assessments received or receivable Identified by the Lot number and the name of the Owner assessed. Copies of the balance sheet and operating statement shall be distributed to each Owner and any mortgagee that has requested a copy within sixty (60) days after the accounting date. B. A Pro forms operating budget for each fiscal year consisting of: (I) estimated revenue and expenses on an accrual basis, (11) amount of cash reserves currently avallable for replacement or major repair of Common Area facilities and for contingencies, and (iii) an Itemized estimate of the remaining life of the major components of the Common Area for which the Association is responsible, a description of the methods of funding used to defray the costs of future repairs, I-LA/6212U.4 2092-745938 68 GOA 38 -f IN replacements, or additions to such components, and a general statement of the Procedures used by the Board In calculating and establishing reserves to defray such costs, The budget shall be prepared consistently with the prior fiscal year's pro forma operating budget, and shall include adequate reserves for contingencies and for maintenance, repairs and replacement of the Common Area Improvements and other Association owned or maintained improvements or personal property, which reserves shall be sufficlent to satisfy the requirement of any institutional Mortgagee. A copy of the preliminary pro forma operating budget shall be prepared and distributed to each Owner and any Mortgagee that has requested • copy not less than ninety (90) days prior to the beginning of the fiscal year for which the budget applies; • copy of the final budget shall be distributed to each Owner and any Mortgagee that has requested a copy not less than forty-five (45) days prior to the beginning of that fiscal year. Any Owner or Mortgagee may submit written comments on the preliminary or final pro forma operating budgets to the Board. C. An annual report consisting of a balance sheet rendered as of the last day of the fiscal year, an operating statement for the fiscal year, and a statement of changes In financial position for the fiscal year. A Copy of the annual report shall be distributed to each Owner and any Mortgagee that has requested a copy within 120 days after the close of the fiscal year. In any fiscal year in which the gross income of the Association exceeds $75.000, a Copy of the review of the annual report prepared by a licensed public accountant in accordance with generally accepted accounting principles shall be distributed with the annual report. If the annual report is not reviewed by an independent accountant, the report shall be accompanied by the certificate of an authorized officer of the Association that the report was Prepared form the books and records of the Association without independentaudit or review. D. A statement Of the Association's policies and practices In enforcing its remedies against Owners for delinquent Common Assessments or Special Assessments including the recording and foreclosing of liens against a delinquent Owner's Lot. A copy of this statement shaft be distributed to each Owner and any Mortgagee that has requested a copy within sixty (60) days prior to the beginning of each fiscal year. E. Copies of this Declaration, the Articles, Bylaws, Rules and Regulations and the statement regarding delinquent assessments as described in Section 6.9 shall be provided any I-LA�627262.4 32 2002-745938 12AS/2602 08:908 IN 37 Of 104 Owner withIm ton (10) days of the mailing or delivery of a writtan request. The Board may impose a fee to Provide these materials not to exceed the Association's reasonable costs in preparing and reproducing the materials. 5.2.12 Other Duties. The Association shall perform such other acts as may tie reasonably necessary to exercise its power or perform its duties under any of the provisions of th is Declaration, the Articles, Bylaws, Rules and Regulations, or Board resolutions. 5.3 Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper for the use, occupancy and maintenance of the Properties. To be effective, a copy of the Rules and Regulations, as adopted. amended or repealed, must be posted In a conspicuous place in the Common Area or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with this Declaration, any applicable Supplemental Declaration, the Articles and the Bylaws, and may not be used to amend any of such documents. 5.4 Limitations on Authority of Board or Association. Except with the vote or written assent of the Owners holding 51 percent of the voting rights of each class of Owners, if two classes exist, or, if only one class exists, 51 percent of the voting rights of all Owners and 51 percent of the voting rights of all Owners other than Declarant, the Board shall not take any of the following actions: 5.4.1 Incur aggregate expenditures for capital improvement to the Common Area in any fiscal year in excess of five percent of the budgeted gross expenses of the Association for that fiscal year-, 5.4.2 Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent of the budgeted gross expenses of the Association for that fiscal year; 14-iV627262.4 33 M2-745938 121, 1 _Wooe 08 N&A IN 111111111111111111111111111 38 of 164 5.4.3 Pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business, provided that the Board may reimburse a member for expenses incurred in carrying on the business of the Association; or 5.4.4 Enter into a contract with a third person to furnish goods Or services for the Common Area or the Association for a term longer than one year with the following exceptions; FHA or VA; A. A management contract, the terms of which have been approved by the B. A contract with a Public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission, provided the term does not exceed the shortest term for which the supplier will contract at the regulated rate; and, C. Prepaid casualty or liability insurance policies not to exceed three years duration provided the policy permits for short rate cancellation by the insurer. 5.5 Prohibited Activities. Notwithstanding any other provisions of this Declaration or the other Restrictions, the Association is expressly prohibited from undertaking or performing any of the following activities, or expending or otherwise utilizing Association funds or resources therefor, and the following activities shall not constitute Permitted Functions of the Association. 5.5.1 Ofilsits Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Phases of Development in which Common Assessments have commenced. 5.5.2 Political Activities. The Association shall not (i) participate in Federal, State and local political activities or activities intended to influence a governmental action affecting areas outside the boundaries of the Properties (e.g. endorsement or support of (1) legislative or administrative actions by a Local Governmental Agency which affect persons or property outside the Properties, (2) candidates for elected or appointed office, and (3) ballot proposals) or (ii) conduct, sponsor, participate in or expend funds or resources on any activity, campaign or event, including without limitation any social or political campaign, event or activity, which does not directly and exclusively pertain to a Permitted Function. 1-LN627262.4 34 2602-745938 20 2 p, a 12113V 3U & f a 1134 sA 5.6 Limitation on Liability of Officers and Directors. No director, officer, committee member, employee or other agent of the Association, including the Declarant or any agent of the Declarant when acting in such capacity, shall be liable to any Owner or any other party, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of any such person if such person has acted in good faith and In a manner such person reasonably believed to be in the best interests of the Association. ARTICLE VI FUNDS AND ASSESSMENTS 6.1 Obligation. Declarant and any Merchant Builder, for each Lot owned by Declarant or such Merchant Builder which is subject to assessment, hereby covenants and every other Owner of any Lot, by acceptance of a deed or other conveyance therefor, whether or not It shall be so expressed in such deed or such other instrument, is deemed to covenant to pay to the Association (I) annual Common Assessments (including any assessments for the maintenance Of Cost Centers) for Common Expenses, (ii) Capital Improvement Assessments, (III) Special Assessments. and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided. All assessments, together with interest, cost, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot against which such assessments is made (provided that Special Assessments liens arising from a charge against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, cannot be enforced under Sections 2924, 2924(b), and 2924(c) of the California Civil Code). The personal obligation of assessments shall not pass to the successors -in -title to any Owner, unless expressly assumed by them. 6.2 Collection and Disbursement. To the extent permitted by Section 1365,5 of the California Civil Code, the Board may elect to maintain separate bank accounts for the working account and the reserve account as a financial control to qualify for reduced fidelity insurance coverage under the Freddie Mae and Fannie Mae regulations as I-LN627262.4 12/12/2602 98. O&A 40 of 104 set forth in this Declaration. However, In any event, the accounting records of the Association Must reflect that the deposits and disbursements are made in a manner that will insure that the funds collected as Common Assessments to cover the Common Expenses (including reserves), Special Assessments to cover Budget shortfalls (including reserves), Capital Improvement Assessments to rover capital improvements and Reconstruction Assessments to cover the reconstruction of damaged or destroyed insured Improvements, will be used only for the purposes for which such funds were collected- Any reserves included as Common Expenses and paid as part of the Common Assessments or reserves included as Special Assessments and paid as part of a Special Assessment can only be used for the purposes and in the manner set forth in this Declaration. 6.2.1 General Operations. Disbursements shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. Nothing contained herein shall preclude the establishment of additional Association Funds by the Association earmarked for specified purposes authorized by the Restrictions. The Association shall not impose or collect an assessment. penalty or fee, which exceeds the amount necessary for the purpose or purposes for which it is levied. If the Association decides to use or transfer Reserve funds to pay for litigation, the Association must notify its Members of the decision in the next available mailing. Such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the Reserve funds will be replaced, and a proposed budget for the litigation. The notice must state that the Members have a rights to review an accounting for the litigation as provided in Section 1365.5 of the California Civil Code which will be available at the Association's office, The accounting shall be updated monthly. 6.3 Common Area Damage or Neglect. If any maintenance, repair or replacement of the Common Area (including, without limitation, damage to any Association Properly Wall or parkway adjacent to a Lot or Common Area) is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or such Owner's Representatives, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefor shall be levied against such Owner; provided, however, that the liability of an individual Owner for such damage to the Common Area 1-LN6272fQ.4 36 2002-745938 12,13/2002 08:99fl IN 1111 41 f 194 shall not be absolute, but shall only be that for which the Owner is legally responsible under California law. The foregoing shall include, without limitation, any settlement damage to any Association Property Wall and wall footings adjoining a Lot or Common Area caused by excavation, construction or excess irrigation occurring on such adjacent Lot or Common Area. 6.4 Common Assessments. Common Assessments shall be the amount necessary, in the aggregate, to pay the Common Expenses, Including reserve expenses, The Board shall set the Common Assessments prior to the commencement of the fiscal year of the Association at the time the Board adopts the Budget for such fiscal year. Common Assessments shall be levied against the Owners of Lots in the First Phase of Development in which Common Assessments commence in the amounts as set forth in the Budget. Thereafter, as Common Assessments commence with respect to each Phase of Development, the Common Assessments shall be adjusted, subject to the provisions of Section 6.6 below, in accordance with the combined Budget of the Association approved by the Board from time to time. 6�5 Commencement of Common Assessments. 6.5.1 Commencement Date. Common Assessments shall commence as to Lots in any Phase of Development requiring the issuance of a Public Report by the DIRE on the first day of the first month following the month in which the first Close of Escrow occurs for the sale of a Lot in such Phase of Development. 6.5.2 Payment Procedure. The initial annual Common Assessment shall be levied in accordance with the most recent Budget on file with and approved by the DRE. Written notice of any increase in the amount of the Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. All installments of Common Assessments shall be collected monthly. 6.5.3 Exemption. Subject to the provisions of any subsidy agreement approved by the DRE, notwithstanding any other provision of this Declaration, until (1) a notice of completion (if applicable) of a Common Area Improvement has been Recorded, (ii) such Common Area Improvement I-LA1627262.4 37 2N2-745938 12� 13/2092 08 WR 111111111 IN 42 of 104 has been placed into use, or (iii) the completion date for such Common Area Improvement specified in the Planned Construction Statement on file with the DRE with respect to such Common Area Improvement, whichever occurs first, each Owner (including Dec(arant and the Merchant Builders) is exempt from paying that portion of any Common Assessment which is for the purpose of defral' ying expenses and Reserves directly attributable to the existence and use of such Common Area Improvement. 6.6 Limitations on Common Assessment Increases. Subject to Section 6.6.4 below, the Board shall not levy. for any fiscal year, an annual Common Assessment which exceeds the "Maximum Authorized Common Assessmenr as determined pursuant to Sections 6.6.1 and 6.6.2 below, unless first approved by the vote of Members representing at least (i) in the case of an increase in the Common Assessment which does not pertain to a Cost Center. a majority Of votes at a meeting or written ballot of Members in which more than fifty percent (50%) of the total voting power of the Association is represented, and (ii) in the case of an increase in a component of a Common Assessment which does pertain to a Cost Center, a majority of votes at a meeting or written ballot of the Members subject to the Cost Center generating such increase in the Common Assessment at which more than fifty percent (50%) of the total voting power attributable to such Cost Center is represented. 66.1 Maximum Authorized Common Assessment for Initial Year of Operations. Until the first day of the fiscal year immediately following the fiscal year in which Common Assessments commence, the Maximum Authorized Common Assessment Per Lot is one hundred twenty percent (120%) of the amount of Common Assessments disclosed in the current Budget of the Association filed with the DIRE at the time Common Assessments commence. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any. Notwithstanding the foregoing, this Section does not limit Common Assessment increases authorized pursuant to Section 6.6.4 below, or necessary to address an Emergency Situation as defined in Section 6.6.5 below. 6.6.2 Maximum Authorized Assessment for Subsequent Fiscal Years. Beginning with the fiscal year immediately following the fiscal year in which Common Assessments commence, the 1-LV627262.4 138 2902-745939 121113�2002 08 8GA IIIIII III IIIIIIII IN III IIIIIIII III IIIIII III 1111 43 of 164 Maximum Authorized Common Assessment in any fiscal year is one hundred twenty percent (120%) of the level of Common Assessments levied in the immediately preceding fiscal year; provided that distribution of the Budget for the current fiscal year in accordance with Section 1365(a) of the California Civil Code or other applicable law is a prerequisite to any increase in the Maximum Authorized Common Assessment for such fiscal year pursuant to this Subsection. The provisions of this Subsection shall be applied separately to proposed increases in the Common Assessment which do and do not include Cost Centers, if any. Notwithstanding the foregoing, this Section does not limit Common Assessment increases authorized pursuant to Section 6.6.4 below, or necessary to address an Emergency Situation as defined in Section 6.6.5 below. 6.6.3 Special Assessments. If, in any fiscal year of the Association, the Board determines that the Common Assessments coiiected are less than the amount necessary to fund the important and essential functions of the Association, it may levy one or more Special Assessments, subject to the limitation that all Special Assessments levied in the course of any such fiscal year may not exceed five (5) percent of the Budget for such fiscal year. The foregoing limitation shall not apply to Special Assessments which are levied against a particular Owner. attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions. 6.6.4 Automatic Assessment Increases. Notwithstanding any other provisions of this Declaration. upon the annexation of additional Phases of Development pursuant to Article 11 hereof, the Common Assessments shall be automatically increased by the amount, if any, necessary to maintain the Common Area located within such additional Phases of Development in accordance with the standards prescribed by the then current "Operating Cost Manual" published by the ORE or, if the Operating Cost Manual is no longer published by the DIRE, pursuant to standards prescribed by comparable maintenance cost guidelines prepared in accordance with prudent property management practices for"common interest developments" (as defined in Section 135 1 (c) of the California Civil Code) consistently applied throughout the geographic region in which the Properties are located, However. such increase shall occur only if the amount of such increase does not result in the levy of a Common I-LV627262.4 39 2602-�45938 12� 1-3/2902 08 �OA III IIIIIIII IN III IIIIIIII III IIIIII III 1111 44 f 184 Assessment which exceeds the upper range Of Common Assessments disclosed in all previously issued Public Reports for the Properties. If annexation of Common Area results in an increase in the Common Assessment which is permissible under this Subsection 6.6.4, then the Association shall be obligated to collect such increased Common Assessment and accept title to and assume the maintenance responsibility for such Common Area. However, to minimize the need for frequent adjustments in the amount of the Common Assessments during the development of the Properties, the Board may stabilize the amount of the Common Assessments invoiced to the Association during the time that Common Assessments are fluctuating due to the periodic annexation of Lots and Common Area. By accepting title to a Lot in the Properties, each Owner consents to the Common Assessment increases specified herein. 6.6.5 Emergency Situations. For purposes of Sections 6.6.1, 6.6.2 and 6.7, an "Emergency Situation" is any Of the following: Court Ordered Items. An extraordinary expense required by an order of a court; (ii) Safety Items. An extraordinary expense necessary to repair or maintain the Common Area or any Portion thereof for which the Association is responsible when a threat to the safety of Persons within the Properties is discovered; and (iii) Reasonably Unforeseen Items. An extraordinary expense necessary to repair or maintain the Common Area or any Portion thereof for which the Association is responsible that could not have been reasonably foreseen by the Board when preparing the Budget. Prior to the imposition or collection of an assessment pursuant to this Subsection (Iii), the Board must pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expenses was not or could not have been reasonably foreseen in the budgeting process. The resolution shall be distributed to the Members with the notice of the assessment. 6.7 Capital Improvement Assessment. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Common Area, including fixtures and personal property related thereto; provided that all Proposed Capital Improvement Assessments shall require the I-LA/627262.4 40 2002-745938 I V2G92 08: 90A IIIIIIII oil III IIIIIIII III IIIIII III IN 45 �f 104 vote of Members representing at feast a majority of votes at a meeting or written ballot Of Members in which is represented more than fifty percent (50%) Of the total voting power attributable to Members subject to such Capital Improvement Assessment. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing an Emergency Situation as defined in Section 6.6.5. All Capital Improvement Assessments must be levied against all Lots in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board. 6.8 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions Of the Properties dedicated In fee and accepted by a public body, agency or authority; the Common Area owned in fee by the Association, 6.9 Remedies of the Association. Any installment of a Common Assessment, Capital Improvement Assessment, Special Assessment. or Reconstruction Assessment not paid within thirty (30) days after the due date shall bear interest from the due date of such installment a( a rate determined by the Board, but in no event more than the then maximum non -usurious rate permitted by law. Additionally, the Board may levy a late charge in accordance with California Civil Code Section 1366 or any successive law or ordinance in addition to the interest charged as described above to Compensate the Association for increased bookkeeping, billing and other administrative costs. No such late charge on any delinquent installment of an assessment shall exceed the maximum amount allowable by law. If any installment of an assessment is not paid within thirty (30) days after it is due, the Association may bring an action at law against the Owner(s) personally obligated to pay the same. or, with respect to Common Assessments, Capital Improvement Assessments, Special Assessments (except as provided below) and Reconstruction Assessments, foreclose the lien against the Lot. Special Assessments which are levied against a particular Owner, attributable to or reimbursable by such Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, shall not be enforced under 41 2802-?45938 12/1V2002 &B 00P IIIIIIII IIII III IIIIIIII III IIIIII III IIII 4F of 104 Section 2924, 2924(b), or 2924(c) of the California Civil Code. No Owner may escape liability for the assessments provided for herein by relinquishment of the Membership, or by nonuse of the Common Area or abandonment of the Lot. In addition to the foreclosure and other remedies granted the Association herein, each Owner by acceptance of a deed to such Owner's Lot hereby conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived frorn and appurtenant to such Lot, subject to the right, power and authority of the Association to collect and apply such rents, issues and profits to any delinquent assessments owed by such Owner, reserving to the Owner the right, prior to any default by the Owner in the payment of assessments. to collect and retain such rents, issues and profits as they may become due and payable. Upon any such default the Association may, upon the expiration of thirty (30) days following delivery to the Owner of the "Notice of Assessment- described herein, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of an security for the indebtedness secured by the lien described herein, (i) enter in or upon and take possession of the Lot or any part thereof, (ii) in the Association's nanne sue for or otherwise collect such rents, issues and profits, including those part due and unpaid, and (ifl) apply the same, less allowable expenses of operation, to any delinquencies of the Owner hereunder, arid in such order as the Association may determine. The entering upon and taking possession of the Lot, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6.10 Notice of Lien. No action may be brought to enforce any assessment lien herein, unless at least thirty (30) days have expired following the date a Notice of Lien is deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Lot, and a copy thereof has been Recorded by the Association- The Notice of Lien shall be in such form and shall contain such information required by Section 1367(b) of the California Civil Code, or any similar California Stature hereafter enacted, and must be signed and acknowledged by an officer of the Association or such other Person expressly authorized by the Board to sign Notices of Liens, and such lien shall be prior to any declaration of homestead Recorded after the date on which this Declaration is Recorded. The lien shall continue until fully paid or otherwise satisfied. I-LA/627262.4 42 2002-745938 12/13/2002 08 z &9A III IIIIIIII IIII III IIIIIIII III IIIIII III 1111 47 f 104 6.11 Foreclosure Sale. With the exception of Special Assessments liens (which may only be foreclosed judicially), a sale to foreclose the assessment lien may be conducted by the trustee designated in the Notice of Lien (or any successor trustee substituted therefor) in accordance with the provisions of Sections 2924, 2924a, 2924b, 2924c, and 2924f of the California Civil Code, or in accordance with any similar stature hereafter enacted applicable to the exercise of powers of sale in Deeds of Trust or in any other manner permitted by law. The Association, through duly authorized agents, may bid on the Lot, at foreclosure sale, and may acquire and hold, lease, mortgage, and convey the same. Upon completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the Lot and the defaulting Owner shall be required to pay the reasonable rental value of the Lot during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. 6.12 Curing of Default. Upon the timely curing of any default for which the Association filed a Notice of Lien. the Association shall Record an appropriate Release of Lien, upon payment by the defaulting Owner of a reasonable fee to be determined by the Board to cover the cost of preparing and Recording such release. A certificate, executed and acknowledged by any officer of the Association, or such other person expressly authorized by the Board, stating the indebtedness secured by the liens upon any Lot created hereunder, shall be conclusive upon the Association and the Owners as to the amount of such indebtedness as of the date of the certificate in favor of ail persons who rely thereon in good faith. Such certificate shall be furnished to any Owner upon request at a reasonable fee, to be determined by the Board. 6.13 Cumulative Remedies. The assessment lien and the rights of foreclosure and sale thereunder are in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have against any delinquent Owner hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided. 1-LA/627262.4 43 2002-745938 t2/13�2002 S8 OOR I IN IIIIII III IIIIIIII IIII III IIIIIIII III IIIIII III 1111 48 f 194 6.14 Mortgage Protection -Lions. Subject to Section 6.15 below, no lien created under this Article VI, nor any breach of this Declaration. nor the enforcement of any Provision hereof or of any Supplemental Declaration hereto defeats or renders invalid the rights of the Beneficiary un I der any Recorded Deed of Trust upon a Lot, made in good faith and for value, After a Beneficiary or other Person obtains title to a Lot by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title. 6.15 Priority Of Assessment Lien. mortgages Recorded before a Notice of Lien have lien priority over the Notice of Lien. I'the sale or transfer (including and "deed in lieu" of foreclosure) of any Lot does not affect the assessment lien; except that the sale or transfer of any Lot pursuant to judicial or nonjudicial foreclosure of a first IMortgage Recorded prior to a Notice of Lien extinguishes the lien of such assessment as to payments which became due prior to such foreclosure sale or transfer. No sale or transfer relieves such Lot from lien rights for any assessments thereafter becoming due. No Person who obtains title to a Lot through judicial or nonjudicial foreclosure, of the first Mortgage Is liable for the share of the Common Expenses or assessments chargeable to such Lot which became due prior to the acquisition of title to such Lot by such Person. Such unpaid share of Common Expenses, including the Lot belonging to such person. ARTICLE VII USE RESTRICTIONS Subject to the exemptions of Declarant and Merchant Builder, the Properties shall be held, used and enjoyed subject to the following restrictions. Supplemental Declarations May establish supplementary or more restrictive use restrictions for Annexed Territory so long as the restrictions are generally consistent With the scheme of government that is established in this Declaration and any Supplemental Declaration. Supplemental Declarations may add use restrictions or replace the use restrictions contained in this Article for the Annexed Territory such Supplemental Declaration encumbers. 1-W627262.4 44 M92-745938 12113.'2002 08 G@FJ HE 11111111 49 of 104 7.1 Residential Use. Ail Lots shall be improved and used solely for single -Family residential use. This provision does not preclude an Owner in the Properties from renting or leasing all of his Lot by means of a written lease or rental agreement subject to the Restrictions. No Lot may ever be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending, or other such nonresidential purposes; except Declarant and Merchant Builders, their SUGcessors and assigns, may use any portion of the Properties owned by them for model home sites and display and sales offices during the construction and sales period, in accordance with Article X hereof. 7.2 Leasing. An Owner is permitted to lease or rent Owner's Lot. However, any lease or rental agreement shall be in writing and for a term of not less than thirty (30) days, except as permitted by any governmental authority. and any tenant shall abide by and be subject to all terms and provisions c�f this Declaration. the Articles, the Bylaws, and the Rules and Regulations; and any lease or rental agreement shall comply with Section 7.1 and shall specify that failure to abide by such provisions shall be a default under the lease or rental agreement. 7.3 Landscaping. Within one hundred eighty (180) days after the Close of Escrow for the sale of a Lot, the Owner must install and must thereafter maintain (except for any landscaping to be maintained by the Association) plants, shrubs, trees, and any other appropriate landscaping Improvements, pursuant to plans and specifications approved by the Architectural Review Committee, on all yard areas that Eire on or are assigned as exclusive use easement areas of the Let. Each Owner must properly maintain and periodically replace when necessary all trees, plants. grass, vegetation and other landscaping Improvements located on such Owner's Lot which are not the maintenance responsibility the Association. No plants or seeds infected with insects or plant diseases may be brought upon, grown or permitted to exist upon any part of the Properties. Subject to Article Vill, the Board may adopt, amend or supplement the Architectural Review Committee Rules to regulate landscaping permitted and required in the Properties. If an Owner fails to install and maintain landscaping in conformance with the Architectural Review Committee Rules, or allows his Lot or landscaping to deteriorate to a dangerous, unsafe, 1 AA/6272U.4 45 2@02-745938 12/1V21%2 98: gon I 111111111111111111111111111111111111111111111111111111 50 of 104 unsightly or unattractive condition, the Board, upon thirty (30) days prior written notice to such Owner, may seek any remedies at law or in equity which it may have and, after Notice and Hearing, may correct such condition and enter upon such Owner's property for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner as set forth in this Declaration. 7.4 Parking and Vehicular Restrictions. 7.4,1 Authorized Vehicles. The following vehicles are "Authorized Vehicles": standard passenger vehicles, including without limitation automobiles, passenger vans designed to accommodate ten (10) or fewer people, motorcycles and pick-up trucks having a manufacturer's rating or payload capacity of three-quarter (3/4) ton or less and golf carts. Authorized Vehicles may be parked in any portion of the Properties intended for parking of motorized vehicles and/or golf carts, as the case may be, subject to the Restrictions. Golf carts must be parked in enclosed garages overnight. No Owner may park any vehicle in a manner so that the Association determines that the vehicle unreasonably extends beyond the boundaries of a parking space or into streets or sidewalks within the Properties. The Association has the power to identify additional vehicles as Authorized Vehicles to adapt this restriction to new types of vehicles produced by manufacturers. 7.4.2 Prohibited Vehicles. The following vehicles are "Prohibited Vehicles": (i) recreational vehicles (e.g, motorhornes, travel trailers, camper vans, boats, etc.); (ii) commercial -type vehicles (e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks, limousines, etc.); (iii) buses or vans designed to accommodate more than ten (10) people; (iv) vehicles having more than two (2) axles, (v) trailers, inoperable vehicles or parts of vehicles, (vi) aircraft, (vii) any vehicle with a width in excess of eighty-four (84) inches; (viii) other similar vehicles; or, (ix) any vehicle or vehicular equipment deemed a nuisance by the Board. Prohibited Vehicles may not be parked, stored or kept on any public or private street within, adjacent to or visible from the Properties, any other Common Area parking area or any driveways, unless either (a) they are owned and used by the Association in connection with management of maintenance of a part of the Properties, or (b) they are parked for brief periods for loading, unloading, deliveries or as may otherwise be defined in the Rules and Regulations. If a vehicle qualifies as both an Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumes to be a I-L,A/627262.4 46 2002-?45938 12113,'2002 OR GOA 1111111111111111 11111111111111111111111111111111 51 of 104 Prohibited Vehicle, unless the vehicle is expressly classified as an Authorized Vehicle in writing by the Board. Prohibited Vehicles may be parked (1) within an Owner's fully enclosed garage with the door closed, or (2) on Lots in areas completely screened from the view of other Owners so long as their presence on the Properties does not otherwise violate the provisions of the Restrictions. The Association has the power to identify additional vehicles as Prohibited Vehicles in the Rules and Regulations to adapt this restriction to new types of vehicles produced by manufacturers. 7.4.3 General Restrictions. All vehicles owned or operated by or within the control of an Owner or Owner Representatives and kept within the Properties must be parked in the assigned parking space or garage of that Owner to the extent of the space available; provided that each Owner shall ensure that any such parking space or garage accommodates at least the number of Authorized Vehicles for which it was originally constructed by Declarant or a Merchant Builder. Garagesorother parking areas must be used only for parking vehicles, and may not be used for storage, living, recreational, business or other purposes. Driveways may not be used for parking purposes it the Owner's garage is not being utilized to the maximum designed capacity for the parking of vehicles, or if to do so obstructs free traffic flow, constitutes a nuisance, violates the Rules and Regulations, or otherwise creates a safety hazard. Garage doors shall be kept closed at all times, except as reasonably required for ingress to and egress from the interiors of the garages. No repairs or restorations of any motor vehicle, boat, trailer, aircraft or other vehicle or equipment may be conducted upon any street (public or private), any portion of any Common Area or Lot, except wholly within an enclosed garage; provided, however, that such activity within an enclosed garage may not be undertaken as a business, and provided further that such activity may be prohibited entirely if it is determined by the Board to be a nuisance. The Board may determine, in its discretion, whether there is noncompliance with the parking and vehicular restrictions contained herein. The Board in its discretion may approve temporary variances from the provisions of this Subsection 7.4.3. Any such variance (i) shall be authorized only in connection with Construction Activities (as defined in Section 8.3 hereof) approved by the Architectural Review Committee, (ji) must be evidenced in writing signed by an authorized representative of the Association, and (iii) must specify the limited period of time for which the variance is effective. These restrictions do not permit any activity which would be contrary to any ordinance of the City or other applicable Local 1 -LN627262.4 47 20&2-745938 IE,13/209288 09H 11111111111111111111111111111111111111111111111 52 of 194 Governmental Agency including without limitation the parking of other vehicles on those portions of Private streets prohibited by the City or applicable local governmental agency. 7.4.4 Parking Regulations. The Board may establish additional regulations regarding any parking areas not assigned to individual Lots, including without limitation designating "parking", "guest parking" and "no parking" areas thereon, setting time limits for parking vehicles in the Common Area parking areas, and requiring registration of vehicles or use of parking permits; and may enforce all parking and vehicle use regulations applicable to the Properties, including removing violating vehicles from the Properties pursuant to California Vehicle Code Section 22658.2 or other applicable ordinances and statutes. If the Board fails to enforce any of the parking or vehicle use regulations, the City may enforce such regulations in accordance with applicable laws and ordinances. If the City fails to enforce any of its parking ordinances on public streets within or abutting the Properties, the Association ties the power but not the duty to enforce such ordinances against Owners and residents of the Properties. 7.4.5 Common Driveways. Certain groups of Lots in the Properties ("Driveway Group") may share a common access driveway ("Common Driveway'), which provides access only to the Driveway Group. The Common Driveway shared by each Driveway Group is shown on the Residential Subdivision Map(s) for the Properties. Each Common Driveway is part of the Common Area and will be owned and maintained by the Association. The Owners of Lots in a Driveway Group shall each have semi -exclusive easements for vehicular and pedestrian access, ingress and egress over the Cornmon Driveway serving such Driveway Group, subject to Association access for maintenance of adjacent Common Area. No other Owners or residents of the Properties may use such Common Driveway, which is hereby designated to be for the exclusive use of the Owners of the Driveway Group, as contemplated by Section 1351(i) of the California Civil Code. There shall be no parking on the Common Driveways. Provided, however, that the foregoing shall not preclude the parking of service and similar vehicles on Common Driveways if (I) parking space is not available in the driveway located on the Lot within the Driveway Group being serviced by such vehicles; (ii) such parking is for temporary service purposes not to exceed the amount of time necessary to complete the service, but in no event longer than eight (8) ' consecutive hours; and (iii) no vehicle shall be parked so as to unreasonably obstruct vehicular access to other Lots within the Driveway Group. 1-LA/627262.4 48 802-745938 12/13/2002 sB 69A 53 of 104 7.5 Antennae, Owners are prohibited from installing any antennae on the exterior of a Residence for any Purpose, except for an "Authorized Antenna," which may be installed so long as the proposed location for such installation is reviewed by the Architectural Review Committee before the installation to ensure that the visibility of the Authorized Antenna is minimized with respect to other Owners. The Architectural Review Committee may require that the location of the Authorized Antenna be moved so long as such review by the Architectural Review Committee does not (a) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (b) unreasonably Increase the cost of installation, maintenance or use of an Authorized Antenna, or (c) preclude acceptable quality reception. An "Authorized Antenna" means (I) an antenna designed to receive direct broadcast satellite service, including direct-to-horne satellite service, that is one meter or less in diameter, (ii) an antenna designed to receive video programming service, including multichannel multipoint distribution service, instructional television fixed service, and local multipoint distribution service, and is one meter or less in diameter or diagonal measurement, (III) an antenna designed to receive television broadcast signals, and (iv) a mast supporting an antenna described in items (i), (ii) and (iii) above. The Association may adopt additional restrictions on installation or use of an Authorized.Antenna on an Owner's Residence as a part of the'Association's Rules and Regulations so long as such restrictions do not (1) unreasonably delay or prevent installation, maintenance or use of an Authorized Antenna, (2) unreasonably increase the cost of installation, maintenance or use of an Authorized Antenna, or (3) preclude acceptable quality reception. The Association may prohibit the installation of an Authorized Antenna if the installation, location or maintenance of such Authorized Antenna unreasonably affects the safety of managers. agents or employees of the Association and other Owners, or for any other safety related reason established by the Association. The Association may also (A) Prohibit an Owner from installing an Authorized Antenna on property which such Owner does not own or is not entitled to exclusively use or control under the Restrictions, of (B) allow an Owner to install an antenna other than an Authorized Antenna subject to the architectural standards and review by the Architectural Review Committee. 1-LA/627262.4 49 2@02-?45938 11 Jill I 2� 13/,1992 &8, &W 54 of 104 This Section is intended to be a restatement of the authority granted to the Association under the law. All amendments, modifications, restatements and interpretations of the law applicable to the installation, use or maintenance of an antenna shall be interpreted to amend, modify, restate or interpret this Section. 7.6 Insurance Rates. Nothing shall be done or kept in the Properties which will increase the rate of insurance on any Lot, Common Area or other portion of the Properties without the approval of the Board, nor shall anything be done or kept in the Properties which would result in the cancellation of insurance on any Lot, Common Area or other portion of the Properties or which would be in violation of any law. 7.7 No Further Subdivision. Except as expressly authorized in a Supplemental Declaration, no Common Area or Lot may be further subdivided (including division into time-share estates or time-share uses as defined in Section 11003.5 of the California Business and Professions Code) without the prior written approval of the Board. Nothing in this Section shall be deemed to prevent an Owner from, or require the approval of the Board for: (a) selling a Lot; or (b) transferring or selling any Lot to more than one (1) Person to be held by them as tenants in common, joint tenants, tenants by the entirety or as community property; or (c) leasing or renting all of such Owner's Lot, provided that any such lease or rental is subject to the Restrictions. 7.8 Signs. No sign, poster, billboard, balloon advertising device or other display of any kind ("Displays") may be displayed within the Properties except (i) such Displays (regardless of size, configuration, location or content) as may be used by Declarant or a Merchant Builder in connection with the development of the Properties and the sale, lease or other disposition of Lots, (ii) entry monuments and similar community identification signs maintained by the Association, and, (iii) subject to Architectural Review Committee Rules governing the location, size, materials and other such criteria, one (1) nameplate or similar Owner name identification, and a reasonable number of signs advising of the existence of security services protecting a Lot. i-LA/627262A 50 2N2-745938 12/13/2602 W 0@8 I oil 11111111111111111111 IN 111111111141111111111 55 -f 164 7.9 Animals. Subject to the provisions of Civil Code Section 1360.5, no animals, fowl, reptiles, poultry, fish or insects of any kind ("animals") may be raised, bred or kept on any Lot or Common Area within the Properties, except that a reasonable number of birds, fish, dogs, cats or other customary household pets may be kept on a Lot; provided that they are not kept, bred or maintained for any commercial purpose, nor in unreasonable quantities nor in violation of any applicable local ordinance or any other provision of the Restrictions, and such limitations as may be set forth in the Rules and Regulations. As used in this Declaration "unreasonable quantities: ordinarily means more then two (2) household pets per Residence; provided. however, that the Board may determine that a reasonable number in any instance is more or less. The Association. acting through the Board, may prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to other Owners of Lots in the Properties, Animals belonging to Owners, occupants or their licensees, tenant or invitees within the Properties must be kept within an enclosure or an enclosed yard or on a leash or other restraint being held by a person capable of controlling the animal. Furthermore, to the extent permitted by law, each Owner shall be liable to each and all remaining Owners and their Owner Representatives, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Properties, by an Owner or by members of his Family, his tenants or his guests. It shall be the absolute duty and responsibility of each Owner to clean up after such animals which have used any portion of the Properties, 7.10 Nuisances. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Properties, and no odor may be permitted to arise there from so as to render the Properties or any portion thereof unsanitary. unsightly, or offensive from any public or private street or from any other Lot in the vicinity thereof or to its occupants. No noise or other nuisance shall be permitted to exist upon or emanate from any portion of the Common Area or any portion of a Lot within the Properties so as to be offensive or detrimental to any other Lot or Common Area in the Properties or to its occupants. Wthout limiting the generality of any of the foregoing provisions, no horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes and commercially designed and reasonably used exterior speakers). live bands, noisy. unsightly unusually painted or smoky vehicles, 1-M627262.4 51 2002-745938 12/13/L@92 08; GOA IN 111111111111111111111111111 56 f 104 aircraft, large noisy power equipment or tools, unlicensed off -road motor vehicles, transmissions which may unreasonably interfere with television or radio reception within the Properties, or other items which may unreasonably disturb other Owners or their tenants may be located. used or placed on any portion of the Properties without the prior written approval of the Board. No vehicles may be operated upon any portion of (he Common Area not improved as a street or parking area without the prior written approval of the Board, which approval may be withheld for any reason whatsoever. Alarm devices used exclusively to protect the security and contents of a vehicle, Lot or Common Area, are permitted, provided that such devices do not produce annoying sounds or conditions as a result of frequently occurring false alarms. 7,11 Exterior Maintenance and Repair. No Improvement shall be permitted to fall into disrepair, and each such Improvement must at all times be kept in good condition and repair. It is the responsibility of the applicable Owner to maintain and repair (including painting and stucco repairs) the surface of any Association Property Wall which faces the Lot (excluding wrought iron or glass surfaces which shall be maintained by the Association), regardless of whether such Association Property Wall is (i) located on the common property line separating the Common Area or Public Property from the Lot, or (ii) wholly or partially within the Public Property, Lot or Common Area immediately adjacent to such common property line. Such maintenance obligations shall include without limitation the obligation to paint, stucco patch and otherwise protect and preserve such Association Property Wall surface from exposure to and del adoration by the elements. Owners shall be responsible for maintenance, repair and replacement of the individual mailboxes, however, the Association shall be responsible for maintenance of mailbox stands and structures not maintained by an Owner. If any Owner permits any Improvement which is the maintenance responsibility of such Owner to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, the Board, after consulting with the Architectural Review Committee, and after affording the responsible Owner Notice and Hearing, may but need not, enter upon the 'affected Lot or Common Area for the purpose of correcting such condition, and the responsible Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Special Assessment enforceable in the manner set forth in this Dedaration. and the Owner of the offending Lot shall be personally liable for all costs and expenses incurred by the Association in taking such corrective acts, plus all costs incurred in collecting the amounts due. Each 1-LAJ627262A 52 2&02-145938 Q/11J/P89208:90A 1111111111111111 57 Of 104 Owner shall pay all amounts due for such work within ten (10) days after receipt of written denriand therefor. 7.12 Drainage. No one may alter or interfere with the rain gutters, downspouts, or drainage systems originally installed by Declarant or the Merchant Builders, or alter or interfere with the established drainage pattern over any Lot or Common Area, unless an adequate alternative provision is made for proper drainage. For the purpose hereof, "established" drainage means the drainage pattern and drainage Improvements which exist at the time the Lot or Common Area, as the case may be, is conveyed to the Owner by Declarant or a Merchant Builder. There shall be no violation of the drainage requirements of the City or other applicable Local Governmental Agency, notwithstanding any approval by the Architectural Review Committee. Each Owner, by accepting a grant deed to his Lot, acknowledges and understands that in connection with the development of the Properties, Declarant may have installed one or more "subdrains" beneath the surface of such Owner's Lot. The subdrains and all appurtenant Improvements constructed or installed by Declarant ("Drainage Improvements"), if any, provide for subterranean drainage of water from and to various portions of the Properties. To ensure adequate drainage within the Properties. it is essential that the Drainage Improvements, If any, not be modified, removed or blocked without having first made alternative drainage arrangements. Therefore, any damage or injury resulting from or arising in connection with the alteration, modification, removal or replacement of any Drainage Improvements on a Lot shall be the responsibility of the Owner of such Lot. 7-13 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system is permitted on any Lot or Common Area unless such system is designed, located, constructed and equipped in accordance with the requirements. standards, and recommendation of the applicable water or sewer district and any applicable governmental health authority having jurisdiction. 7.14 No Hazardous Activities. No activities may be conducted, nor may any Improvements be constructed, anywhere in the Properties which are or Might be unsafe or hazardous to any Person, Lot, of Common Area in the Properties. 1-LV627262.4 53 2%2-745938 12/13/2002 08 008 11 IN SO f 164 7.15 Unsightly Articles. No unsightly articles, including clotheslines and trash dumpsters (subject to Section 7.16), are Permitted to remain on any portion of the Properties so as to be visible from any public or private street or from any other Lot of Common Area. Without limiting the generality of the foregoing, at all times refuse. garbage and trash must be kept in covered, sanitary containers designed for such purpose and located within enclosed areas or areas screened from the view of any other Lot or Common Area. Trash containers may be exposed to the view of neighboring Lots or Common Area only when set out for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled trash collection hours). No exterior fires whatsoever are permitted within the Properties. except barbecue fires contained within receptacles commercially designed therefore, fire pits in enclosed areas designed so that they do not create a fire hazard. and other fires specifically authorized in writing by the Association, all of which are also subject to applicable ordinances and fire regulations. 7.16 Temporary Prefabricated Structures/Dumpsters. Unless approved in writing by the Board, and then only in connection with Construction Activities approved by the Architectural Review Committee, no tent, shack, trailer or any temporary building, Improvement or structure, or prefabricated building or structure may be placed upon any portion of the Properties. No trash dumpsters are allowed in any driveway or other exposed areas, or any street (public or private) within the Properties for more than four (4) consecutive calendar days, unless first approved in writing by the Architectural Review Committee in connection with Architectural Review Committee approved Construction Activities, and then subject to such"Conditions and requirements as may be specified by the Architectural Review Committee. 7.17 No Mining or Drilling. No oil drilling, oil gas or mineral development operations, oil refining, geothermal exploration or development, quarrying or mining operations of any kind may be conducted upon the Properties, nor are oil. water or other wells. tanks, tunnels, mineral or geothermal excavations or shafts permitted upon or within five hundred feet (500') of the surface of any portion of the Properties. I -LAJ62;262.4 54 2662-745M 12�1 3/2002 08 - GOR 11111111 OF 11111111111111113 11 IN 59 of 104 7.18 Improvements and Alterations. No excavation, construction, painting, alteration or erection of any projection which in any way alters the exterior appearance of any Lot or Common Area from any public of private street, or from any other Lot or Common Area (other than minor repairs or rebuilding pursuant to Section 7.11) is permitted without the prior approval of the Architectural Review Committee pursuant to Article VIII hereof. All Improvements and alterations are subject to the setback, sideyard and other requirements of the County or other Local Governmental Agency. notwithstanding any approval by the Architectural Review Committee. 7.19 Solar Heating Systems. Solar heating systems may be installed on individual Lots or Common Areas. provided that such heating systems comply with all applicable governmental requirements and regulations and have been approved by the Architectural Review Committee based on reasonable architectural review standards consistent with applicable law. 7.20 VIEWS. There are no views in the Properties which are protected to any extent by this Declaration, and no Owner who becomes subject to the terms hereof shall thereby obtain any view rights whatsoever. Each Owner, by accepting a deed to a Lot or Common Area acknowledges that any construction or installation by Declarant or a Merchant Builder or by other Owners following Architectural Review Committee approval as provided in Article Vill hereof may impair the view of such Owner, and each Owner hereby consents to such impairment. 7.21 Rights of Handicapped. Subject to the provisions of Article Vill hereof, each Owner may modify his Lot, at his sole cost and expense, in order to facilitate access to the Residence by person who are blind, visually handicapped, deaf or physically disabled. or to alter conditions which could be hazardous to such persons, in accordance with Section 1360 of the California Civil Code or other applicable law or ordinance. I-LN627262.4 55 2002-74593� 1211 V2002 00 GOR 11111111111111111111111 IN III IIIIIIII III 111111111 IN 68 of 104 7.22 Party walls, Each wall or fence which is placed on the dividing line between Lots is a "Party Wall". and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply thereto. 7.22.1 Sharing or Repair and Maintenance. The cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connect by such Party Wall. However, each Owner shall be solely responsible for repainting the side of any Party Wall facing his Lot. 7.22.2 Destruction by Fire or Other Casualty. If a Party Wall is destroyed o[, damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot which is affected thereby shall contribute equally to the cost of restoration thereof without prejudice. however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 722.3 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section 7.22 is appurtenant to the land and passes to such Owner's successors in title. 7.23 Damage to Residences -Reconstruction. If all or any portion of any Lot or Residence is damaged or destroyed by fire or other Casualty, the Owner Of Such Lot or Residence shall rebuild. repair or reconstruct the Lot or Residence in a manner which will restore them substantially to their appearance and condition immediately prior to the casualty or as otherwise approved by the Architectural Review Committee. The Owner of any damaged Lot or Residence and the Architectural Review Committee shall proceed with all due diligence, and the Owner shall cause reconstruction to commence within six (6) months after the damage occurs and to be completed within twelve (12) months after damage occurs, unless prevented by Causes beyond such Owners reasonable control. A transferee of the Lot Which is damaged or upon which is located a damaged Residence shall commence and complete reconstruction in the respective periods which would have remained for the performance of such obligations if the Owner of the Lot at the time of the damage 1-LA/627262.4 56 2002-745338 12/13/26&2 08 W1 111111111111111111111111111111 el of 104 still held title to the Lot, However, no such transferee may be required to commence or complete such reconstruction in less than thirty (30) days from the date such transferee acquired title to the Lot. ARTICLE Vill ARCHITECTURAL CONTROL 8.1 Members of the Architectural Review Committee. The Architectural and Landscaping Committee, sometimes referred to in this Declaration as the "Architectural Review Committee', shall consist of three (3) members; provided, however, that such number may be changed by resolution of the Board so long as the Architectural Review Committee never consists of greater than five (5) nor fewer than three (3) members. Members of the Architectural Review Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Architectural Review Committee for all purposes, including the submission of plans for approval, at the principal office of the Association as designated by the Board pursuant to the Bylaws- Declarant may, in a Supplemental Declaration, create a separate Architectural Review Committee ("Separate Committee") from the area annexed to the Properties through such Supplemental Declaration ("Separate Area"), The Separate Committee shall have sole architectural control pursuant to this Article Vill over the Separate Area and the Architectural Review Committee shall have no control or jurisdiction over Construction Activities (as defined below) or otherwise over the Separate Area. If a Separate Committee is created, the provisions of this Article Vill shall apply to the Separate Committee which shall be deemed the "Architectural Review Committee" for all purposes hereunder regarding the Separate Area. However, members of the Separate Committee appointed pursuant to Subsection 8.2.2 below, shall be solely Owners of Residences in the Separate Area. 8.2 Rights of Appointment. 8-2-1 By Declarant. Declarant may appoint and remove a majority of the members of the Architectural Review Committee, which appointees need not be Members of the Association, until the earlier to occur of (i) the date on which Close of Escrow has occurred for the sale of 737 Lots in the Properties, or (ii) the fifth (51h ) anniversary of the first Close of Escrow for the Sale of a Lot in the Phase of 1-LN627262.4 57 2002-745938 12/13/2092 08 GW) I IIIIII IIIIII III 111111111111111111111111111111111111111 62 of 104 Development for which a Public Report was most recently issued by the DRE, or (iii) the date on which neither Declarant nor any Merchant Builder owns a Lot in the Properties or Annexable Area. 8.2.2 By the Board. The Board may appoint and remove those members of the Architectural Review Committee which Declarant is not authorized to appoint or elects not to appoint until such time as Declarant's rights of appointment shall have expired. and thereafter the Board may appoint and remove all members of the Architectural Review Committee, Architectural Review Committee members appointed by the Board must be Members of the Association at all times during their service on the Architectural Review Committee, and shall serve for a term of one (1) year or until their respective successors are appointed. 8.2.3 Notice of Appointment. Whenever an Architectural Review Committee member is appointed or removed while both Declarant and the Board have rights of appointment, written notice of such appointment or removal must be given by the appointing party to the other party. 8.3 Review of Construction Activities. Subject to Article X of this Declaration, no construction, development, painting, alteration, grading. addition, installation, excavation, modification, decoration, redecoration or reconstructions of an Improvement in the Properties or the Common Area, or any other activity within the jurisdiction of the Architectural Review Committee pursuant to this Declaration (collectively "Construction Activities") may be commenced or maintained until the plans and specifications therefore showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Architectural Review Committee and approved in writing by the Architectural Review Committee. Construction Activities include the construction, installation, alteration and modification of solar energy systems, as defined in Section 801.5 of the California Civil Code, subject to the provisions of California Civil Code Section 714 and other applicable governmental laws, ordinances and regulations. 8.3.1 Architectural Review Committee Rules. Subject to Subsection 10.1.5, the Board may adopt, supplement and amend Architectural Review Committee Rules which impose design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Architectural Review Committee and the Owners in connection with Construction Activities. 1-LAJ627262.4 58 2&92-745938 12/1 �/2@02 08 OCR 1111111111111111111111111111111111111111111111111111111 63 of 104 8.3.2 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant and Merchant Builders need not seek Architectural Review Committee approval with respect to their construction or development activities, including without limitation any activity which would be classified as a "Construction Activity". However, Merchant Builders must obtain Declarant's written approval of all construction and development activities as if such activities were "Construclion Activities" hereunder and Declarant was the "Architectural Review Committee". The Declarant's approval rights in the preceding sentence are in addition to and shall not affect any other rights of Declarant under other written agreements between Declarant and Merchant Builders. 8.4 Applications. The Person submitting plans and specifications to the Architectural Review Committee ("Applicant") must obtain a dated, written receipt for such plans and specifications and furnish the Architectural Review Committee with the address to which further communications from the Architectural Review Committee are to be directed. The Architectural Review Committee Rules may set forth procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Architectural Review Committee approval is not required), or establish additional factors which the Architectural Review Committee will take into consideration in reviewing submissions. The Architectural Review Committee Rules may provide that the amount of any Architectural Review Committee fee shall be uniform, or that it may be determined in any other reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans. 8.4.1 Criteria. The Architectural Review Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Architectural Review Committee. The Architectural Review Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Architectural Review Committee Rules-, (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance of the I -LAA272U.4 59 20@2-745938 12�13/206208 GOR III IIIIIIII IN 11111111111111111111111 IN 64 �f 194 surrounding area or the Properties as a whole; (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures; (N) the Construction Activity and the product thereof will not detract from the beauty, wholesomeness and attractiveness of the Common Area or the enjoyment thereof by the Members; and, (v) the upkeep and maintenance thereof will not become a burden on the Association. 8A.2 Conditions. The Architectural Review Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) the Applicant's furnishing the Association with a bond or other security acceptable to the Architectural Review Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Properties or damage to the Common Area as a result of such work; (ii) such changes therein as It deems appropriate; (iii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Common Area; (iv) the Applicant's agreement to reimburse the Association for the cost of maintaining the Improvement; (v) the Applicant's agreement to complete the proposed work within a stated period of time; or, (vi) all of the foregoing, and may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted. 8.4.3 Review Period. The Architectural Review Committee may require such detail in plans and specifications submitted for its review as it deem s proper, including without limitation, site plans, lighting plans, landscaping plans, elevation drawings and descriptions or samples of exterior materials and colors. Until the Architectural Review Committee receives all required plans and specifications, the Architectural Review Committee may postpone review of any plan submitted for approval or determination of exemption. The Architectural Review Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within thirty (30) days after the date of the receipt issued by the Architectural Review Committee for materials submitted to the Architectural Review Committee. Subject to appeal procedures which may be adopted by the Board as provided in Section 8. 12. any application or request for certificate I-LAY627262.4 60 20@2-245s38 12/1 V2802 oa oon 11111111 IN 11111111111111 A 111111 65 f 104 of exemption submitted pursuant to this Section shall be deemed approved, unless the Architectural Review Committee transmits written disapproval or a request for additional information or materials to the Applicant within thirty (30) days after the date of receipt by the Architectural Review Committee or the Applicant's submitted materials. 8.5 Meetings of the Architectural Review Committee. The Architectural Review Committee shall meet as necessary to perform its duties hereunder. The Architectural Review Committee may. by a unanimously adopted written resolution, designate one or more Architectural Review Committee Representative(s) (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Architectural Review Committee, except the recommendation of variances for Board approval pursuant to Section 8.10. In the absence of such designation, the vote or written consent of a majority of the members of the Architectural Review Committee constitutes an act of the Architectural Review Committee. Subject to the prior approval of the Board, the Architectural Review Committee may (i) engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Architectural Review Committee deems appropriate to assist the Architectural Review Committee and the Architectural Review Committee Representative in the evaluation of plans, specifications and other items submitted for Architectural Review Committee approval pursuant to this Declaration and (if) assess an applicant a review fee reasonably related to' the cost to engage such professionals. 8.6 No Waiver of Future Approvals. Architectural Review Committee approval of any proposals or plans and specifications or drawings for any Construction Activity done or proposed or in connection with any other matter requiring Architectural Review Committee approval does not waive any right to withhold approval or any similar proposals, plans and specifications, drawings or matters subsequently of additionally submitted for approval or consent. 8.7 Compensation of Members. The Architectural Review Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or I-LA/627262.4 61 2662-745938 12/13/200208 O&A IIIIIIII oil 11111111111111111111111111 66 �f 164 similar professionals engaged to assist the Architectural Review Committee or the Architectural Review Committee Representative or to perform the function of the Architectural Review Committee Representative pursuant to Section 8.5 above. 8.8 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows: 8.8.1 Notice of Completion. The Architectural Review Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Architectural Review Committee's right of ins,pection of Improvements for which plans have been submitted and approved shall terminate sixty (60) da� after 'IS the work of Improvement has been completed and the Architectural Review Committee has received written notice of such completion. The Architectural Review Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Architectural Review Committee. If the Architectural Review Committee finds that an Improvement was done without obtaining written approval of the plans therefore or was not done in substantial compliance with the plans approved by the Architectural Review Committee, it shall notify the Owner inwrifing of failure to comply with this Article Vill, specifying the particulars of noncompliance. The Architectural Review Committee may require the Owner to take such action as may be necessary to remedy a noncompliance. 8.8.2 Noncompliance. If the Owner fails to remedy the noncompliance within sixty (60) days from the date the Architectural Review Committee's notice of noncompliance is deemed received by the Owner. the Architectural Review Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same- If a noncompliance exists, the Owner must remedy or remove the same within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Owner. If the Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance. 1 -L-A/627262.4 62 2002-?45938 12113�P@02 W Qon 111111111111111111111111111111111111111111111111111111 6� of 104 8.8.3 Compliance. if the Architectural Review Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans. 8.8.4 Prosecution of Work. The Architectural Review Committee approval for any particular Construction Activity expires and the plans and specifications therefore must be resubmitted for Architectural Review Committee approval pursuant to this Article Vill if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months of the Architectural Review Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Architectural Review Committee approval, must be completed within one (1) year after the date on which the work commenced. 8.9 Scope of Review. The Architectural Review Committee shall review and approve or disapprove all plans submitted to it for any proposed Construction Activity solely on the basis of the considerations set forth in this Declaration. The Architectural Review Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements. The Architectural Review Committee may consider reasonable privacy right claims as factors in reviewing, approving or disapproving any proposed Construction Activities. However, Declarant and the Merchant Builders do not warrant any protected views within the Properties and no Lot, Residence or Common Area is guaranteed the existence or unobstructed continuation of any particular view. 8.10 Variances. The Architectural Review Committee may recommend variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evidenced in writing, and I-LN627262.4 63 2802-745938 1211312092 08: 008 111111111 IN GB of 184 signed by at least two (2) officers Of the Association certifying such Board approval, No violation of the covenants, conditions and restrictions contained in this Declaration or any Supplemental Declaration shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Owner's obligation to comply with all governmental laws and regulations. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Board decisions relative to the granting of variances are final. 8.11 Pro -Approvals. Subject to Section 10.1.5. the Board may authorize the pre -approval of certain specified types or classes of Construction Activities in the Architectural Review Committee Rules if, in the exercise of the Board's judgment, pre -approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration. 8.12 Appeals. For so long as Declarant has the right to appoint and remove a majority of the Architectvral Review Committee members. the Architectural Review Committee's decisions are final, and there is no appeal to the Board, When Declarant is no longer entitled to appoint and remove a majority of the Architectural Review Commi'llee's members, the Board may adopt policies and procedures for the appeal of Architectural Review Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Architectural Review Committee decisions are final. ARTICLE IX DESTRUCTION OR CONDEMNATION OF COMMON AREA Damage to, destruction or condemnation of all or any portion of the Common Area shall be handled in the following manner: I-LM27262.4 CA M02-745938 12/13/2002 09 1 aw INI 11111111111111111111111111 C39 -f 104 Damages by Owners, To the extent permitted by law, each Owner is liable to the Association for any damage to the Common Area not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, his Family, guests, tenants or invites, or any other Persons deriving their right and easement of use and enjoyment of the Common Area from the Owner, or his Family and guests, both minor and adult. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a SpecW Assessment equal to the increase, if any, in insurance premiums direcfly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by ins urance, shall be a Special Assessment. 9.2 Repair of Damages If Common Area Improvements, which are the maintenance responsibility of the Association, are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Common Area Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners (for example, Owners located in a Cost Center will pay their proportionate share of any Reconstruction Assessment attributable to their Cost Center Improvements, and Owners not located in such Cost Center are exempt from such Reconstruction Assessment). Any restoration or repair of the Common Area Improvements after damage due to an insurable hazard will be performed substantially in accordance with the original plans and specifications unless other action is approved by holders of fifty-one percent 1-LA1627262A 65 12/1VLGG2 08 GQA IN III IIIIIIII III 1111111111111 10 of 104 (51 %) of the first Mortgages on Lots subject to Common Assessments for the maintenance of such Common Area. 9.3 Condemnation. If all or any portion of the Common Area, or any interest therein, is taken by rights of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the appropriate Operating Fund. No Member (other than a Person on whose Lot or Common Area easement affected by a condemnation may be located) may participate as a party, or otherwise, in any proceedings relating to such condemnation. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members. 9.4 Notice to Owners and Listed Mortgages. The Board immediately upon learning of any taking by eminent domain of any Common Area, or any threat thereof, shall promptly notify all -Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all Record holders of first Mortgages on such Owners' Lots. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Common Area, shall promptly notify all Owners whose Lots are subject to Common Assessments for the maintenance of such Common Area, and all holders, insurers, and guarantors of first Mortgages on Lots who have filed a written request for such notice. ARTICLE X DECLARANT AND MERCHANT BUILDER EXEMPTION 10.1 Interest of Declarant. The First Subdivision is a portion of a larger parcel of land which Deciarant is developing into a planned community. Declarant in cooperation with the City has created a comprehensive specific plan for the development of the Properties formulated for the common good and preservation of property values within the community. Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants. conditions, restrictions and reservations contained in this Declaration and any 1 -LA1627262.4 66 2902-?45839 12/13,2962 Ge &OR 111111 IN 1111111111111111111111111111111 11111111 71 Of 194 amendments thereto and any Supplemental Declarations Recorded Pursuant to this Declaration. Notwithstanding any other provisions of the Restrictions, until the earlier to occur of (i) annexation of all of the Annexable Area and commencement Of assessments " therein, or (ii) the twenty-fifth (25") anniversary of the first Close of Escrow in the Properties, the following actions, before being undertaken by the Members or the Association, must first be approved in writing by Declarant: 10-1.1 Specified Approvals. Any amendment or action requiring the approval of Declarant Pursuant to this Declaration, including without limitation all amendments and actions specified in Section 13.2.2, and any amendment O� action requiring the approval of first Mortgagees pursuant to this Declaration, including without limitation all amendments and actions specified in Sections 13.2.3 and 13-3. The Association Must Provide Declarant With all notices and other documents to which a Beneficiary is entitled Pursuant to this necessity Of a written request; 10. 1.2 Annexation. The annexation to the Properties of Other Area (not Annexable Area) pursuant to Section 2.3; 10.1.3 Capital Improvement Assessments. The levy of a Capital Improvement Assessment for the construction of new facilities not originally included in the Common Area; 10-1.4 Service/Maintenance Reductions. Subject to Section 6.6 regarding limitations on Yearly Common Assessment increases, any significant reduction of Common Area maintenance or other services or entering into contracts for maintenance or other goods and services benefiting the Association or the Common Area at contract rates which are fifteen percent (15%) or more below the reasonable cost for such maintenance, goods or services as determined pursuant to the cost guidelines described in Section 6.6.4; 10-1.5 Architectural Review Committee Rules. The adoption of and any supplement or amendment to the Architectural Review Committee Rules, including any pre -approval authorization pursuant to Section 8.11; or 10-1.6 Association Guidelines. Any supplement to or amendment of the Association Guidelines. 1-LA/627262.4 67 2092-745938 IIIIII fill 1111111111111111111111111 12/1312002 SO GOA 72 f 104 10.2 Exemptions. Nothing in the Restrictions limits and no Owner or the Association will interfere with the right of Declarant and Merchant Builders, either directly or through their respective agents and representatives, to subdivide, re -subdivide, sell, re -sell, rent or re -rent any portion of the Properties, or the right of Declarant or a Merchant Builder to complete excavation, grading, construction of Improvements or other development activities to and on any portion of the Properties owned by Declarant or a Merchant Builder, as applicable, or to alter the foregoing and the construction plans and designs, or to construct such additional Improvements as Declarant or a Merchant Builder deems advisable In the course of developing the Properties so long as any Lot in the Properties or any portion of the Annexable Area is owned by Declarant or a Merchant Builder. These rights include, but are not limited to, carrying on by Declarant, the Merchant Builders and their respective agents and representatives of such grading work as may be approved by the City or other Local Governmental Agency having jurisdiction, and erecting, constructing and maintaining on the Properties such structures, signs and displays reasonably necessary for the conduct of the business of completing the work and disposing of the Properties and the Annexable Area by sale, lease or otherwise. Each Owner, by accepting a deed to a Lot, acknowledges that any construction or installation by Declarant or a Merchant Builder may impair the view of such Owner. and each Owner consents to such impairment. This Declaration does not limit the right of Declarant or a Merchant Builder, at any time prior to acquisition of title to a Lot by a purchaser from Declarant or a Merchant Builder, to establish on that Lot, as the case may be, additional licenses, easements, reservations and rights -of -way to itself, to utility companies, or to others as reasonably necessary to the proper development and disposal of the Properties and Annexable Area provided, however, if VA or FHA has issued a "project approval" (as described in Section 2.3.6 hereof) with regard to any Planned development in the Properties which is to be subject to any of the actions described herein, then FHA, VA or both shall have the right to approve any such grants as provided herein. Prospective purchasers, Declarant and Merchant Builders may use any and all portions of the Common Area for access to the sales and leasing facilities of Declarant and Merchant Builders. Declarant and Merchant Builders may use any structures or vehicles owned, respectively, by Declarant or Merchant Builders in the Properties as model home complexes, or real 1 -LAt627262.4 68 20@2-745938 121,13/2002 98 66A IIIIII III IIIIIIII IN III IIIIIIII 11111111 IN 1111 73 of W4 estate sales or leasing offices; provided that such uses within the Properties shall terminate on the twenty-fifth (25'h) anniversary of the first Close of Escrow for the sale of a Lot on the Properties pursuant to a transaction requiring the issuance of a Public Report, at which time Declarant and Merchant Builders shall restore their respective structures to their previous appearance. Any exemption of Merchant Builders pursuant to this Section 10,2 shall not apply to any Declarant architectural approvals which are required of Merchant Builders pursuant to Section 8.3. All or any portion of their rights of Declarant or a Merchant Builder, as applicable. hereunder and elsewhere in these Restrictions may be assigned by Declarant or such Merchant Builder, as applicable, to any successor in interest to any portion of Declarant's or Merchant Builder's interest in any portion of the Properties or the Annexable Area (including, without limitation, to any Merchant Bui;der) by an express Recorded written assignment which specifies the rights of Declarant or such Merchant Builder so assigned. Notwithstanding any other provision of this Declaration, for so long as Declarant owns any portion of the Properties or the Annexable Area, Declarant's prior written approval is required before any amendment to this Article X is effective. 110�3 Easement Relocation. Common Area comprising easements over real property the fee title to which has not been made subject to the Declaration ("Interim Easement Area") may be relocated, modified or terminated by Declarant to accommodate the final plan of development for the future Phase of Development in which the Interim Easement Area is located, Such relocation, modification or termination shall be set forth in the Recorded instrument annexing fee title to the Interim Easement Area to the Declaration. Notwithstanding the foregoing, no such relocation, modification or termination shall prevent access to any Lot. 10.4 Entry Gate Operations. Each Owner of a Lot which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring unrestricted access to the Properties to accommodate the construction and marketing of the Residences and development of the Properties. Therefore. notwithstanding any other provisions of the Restrictions, until the earlier to occur of (I) close of Escrow for the sale of all Residences in the Properties, and annexation of all the Annexable Area and commencement of assessments therein; or (ii) twenty-five (25) years following the first Close of Escrow 1 -LA/627262,4 69 2092-745938 12�13/2602 00 N(4FJ 101 74 of 104 for the sale of a Lot pursuant to a transaction requiring the issuance of a Public Report ("Marketing Period"), Declarant is entitled to control the operation of the entry gates which provide vehicular access to the Properties. During the Marketing Period Declarant may establish and change the hours of gate operation in its sole discretion without notice, and require that the entry gates by open to the general public to accommodate construction and marketing activities. ARTICLE XI INSURANCE 11.1 Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements installed by Declarant, any Merchant Builder or by the Association on the Common Area replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as the owner and beneficiary of such insurance. The Policies insuring the Common Area must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance Policy provides for a different procedure for the filing of claims, all claims made under such Policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim- The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried. Premiums for all insurance carried by the Association area a Common Expense. 11.2 Insurance Obligations of Owners. Each Owner is responsible for insuring his personal property and all other property and Improvements within his Lot as required by this Declaration or the applicable Supplemental Declaration. Such policies shall not adversely affect or diminish any liability under any insurance obtained by or, on behalf of the Association, and duplicate copies of such other policies shall be deposited with the Board upon the Board's request. If any loss intended to be covered by insurance carried by or on behalf of the Association occurs and the proceeds payable thereunder are reduced due to insurance carried by any I-LA1627262.4 70 2002-245938 '5 of 164 Owner, such Owner shall assign the proceeds of such insurance to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. 11.3 Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured, (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or, (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager, Declarant, the Merchant Builders and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss. 11.4 Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross -liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable, insuring each Owner, the Association, Board and I -LA/627262.4 71 2082-745938 121,1312E)02 88 F)f)R IIIIII III IN ?6 f 104 Association Manager, against liability in connection with the Common Area, the premiums for which are a Common Expense. The Board shall review all insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain, such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their membership on the . Board or on any committee thereof. However, fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximurn of funds, including reserve funds, in the Association's or Association Manager's custody during the term of each bond. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots in the Properties, plus reserve funds. In addition, the Association shall continuously maintain in effect such casualty, flood and liability insurance and fidelity insurance coverage meeting the requirements for planned unit developments as tablished by FNMA, GNMA, and FHLMC, so long as any of them is a Mortgagee or an Owner of a Residence in the Properties, except to the extent such coverage is not reasonably available or has been waived in writing by FNMA, GNMA and FHLMC, as applicable. 11.5 Notice of Expiration Requirements. If available, each insurance policy the Association maintains must contain a provision that said policy may not be canceled, terminated, materially modified or allowed to expire by its terms, without ten (10) to thirty (30) days prior written notice to the Board, Declarant, and to each Owner and Beneficiary, insurer and guarantor of a first Mortgage who has filed a written request with the carrier for such notice, and every other Person in interest who requests such notice of the insurer. I-LA1627262.4 72 2602-745838 12/23/00020H &OR 72 �f 104 ARTICLE X11 GOLF CLUB FACILITIES 12.1 General. The Golf Club Facilities are not part of the Common Area and are not subject to this Declaration, and no provision of this Declaration gives, or shall be deemed to give, any Owner or Owner Representatives, of any Lot the right to use the Golf Club Facilities or any ownership interest in the Golf Club Facilities. Rights to use the Golf Club Facilities will be granted only to those Persons, and on those terms and conditions, as may be determined from time to time by the Golf Club Owner. By way of example, but not limitation. the Golf Club Owner shall have the right to approve users and determine eligibility for use, to reserve use rights, to transfer any or all of the Golf Club Facilities or operation thereof to anyone and on any terms, to limit availability of use privileges, and to require the payment of a purchase price, a membership contribution, an initiation fee, a membership deposit, dues, and/or use charges. Each Owner and occupant of any Lot hereby acknowledges that no right to the use or enjoyment of the Golf Club Facilities arises from ownership or occupancy of a Lot but arises, if at all, only from a membership agreement or other similar agreement with the Golf Club Owner. The Golf Club Owner shall have the right, from time to time in its sole and absolute discretion and without notice, to amend or waive the terms and conditions of use of the Golf Club Facilities including, but not limited to, eligibility for and duration of use rights, categories of use, extent of use privileges, and number of users. The Golf Club Owner shall also have the right, in its sole and absolute discretion and without notice, to reserve use rights and to terminate use rights altogether, subject to the provisions of any outstanding membership documents, 12.1.1 Disclaimers Regarding Golf Facilities. Except as may be specifically provided in this Declaration: all Unit Owners are hereby advised that no representations or warranties have been or are made by Declarant or any Unit Owner with regard to the present or future ownership, operation, use or configuration of the golf course constructed or to be constructed upon the Golf Course Property, whether or not depicted on any plat or any land use plan, sales brochure or other marketing display or material and no purported representation or warranty, written or oral, in such regard shall ever be effective without an amendment hereto executed by the parties hereto or their respective successors, 1-LA/627262.4 73 PE' Of 114 12.1.2 Golf Balls, Disturbances and Nuisances- Each Owner acknowledges and agrees that: (a) portions of the Properties are adjacent to or near the Golf Club Facilities-, (b) the clubhouse, parking lots and other related facilities, which are part of the Golf Club Facilities, have exterior lighting and amplified exterior sound, may be used for entertainment and social events on various days of the week, including weekends, during various times of the day, including without limitation, early morning and late evening hours; (c) golf course -related activities, including without limitation, regular course play, may be allowed during all daylight hours, and golf tournaments may be conducted at any time during the year-, (d) from time to time golf course -related activities, including without limitation, special events. may be allowed during nighttime and early -morning hours; (a) large numbers of people may be entering, exiting and using the Golf Club Facilities during various times of the day, including early morning and late evening hours, seven (7) days a week; and (f) water hazards, the clubhouse, maintenance facilities and other installations located on the Golf Club Facilities may be attractive nuisances to children. Each Owner also acknowledges that due to the proximity of portions of the Properties to the Golf Club Facilities, nuisances, hazards or injuries to persons and property may occur on the Properties as a result of use of the Golf Club Facilities, or as a result of any other golf course -related activities and that play on the golf course may result in damage or injury to persons or property as a result of golf balls leaving the golf course, including, without limitation, damage to windows and exterior areas of the improvements constructed upon each Lot, damage to automobiles and other personal property of the Owners, whether outdoors or within any indoor structure. 12-1.3 Operation of the Golf Course. Each Owner acknowledges and agrees that: the operation and maintenance of the Golf Club Facilities may require that maintenance personnel and other workers who operate, service and maintain the Golf Club Facilities commence work relating to the maintenance (other than irrigation, which may be conducted at any time) and repair of the golf Course as early as one (1) hour before sunrise and as late as one (1) hour after sunset on a daily basis, and that such maintenance and repair of the Golf Club Facilities may entail the operation and use of the following: (a) noisy power equipment such as tractors, lawn mowers and blowers on various days of the week. including weekends, during various times of the day, including, without limitation, as early as one 11) hour before sunrise and as late as one (1) hour after sunset, and for seasonal maintenance, such as golf 1-LA/627262.4 74 2002-745938 12,'[ 3,12&02 08: 06A III gill III 111 79 -f 104 course overseeding, which may be performed from time to time. as early as one (1) hour before, sunrise and as late as one (1) hour after sunset; (b) sprinkler and other irrigation systems, some using effluent, in operation at any time during the day and night; (c) electric, gasoline or other power driven vehicles and equipment used by maintenance and operations personnel; (d) application of pesticides and fertilizing chemicals-, and (a) refuse removal trucks, delivery trucks, service vehicles, golfer's vehicles and other vehicles entering and exiting the Golf Club Facilities on various days of the week, including weekends, during various times of the day, including, without limitation, as early as one (1) hour before sunrise and as late as one (1) hour after sunset. In connection with the foregoing, each Owner covenants and agrees for itself. its successors and assigns: that he, she or it does knowingly and voluntarily assume all risks associated with such golf course operation and maintenance activities, including but not limited to risk of nuisance, noise, disturbance, inconvenience, property damage and personal injury or sickness." 12.2 Reservation. Declarant hereby reserves unto itself and its successors and assigns, together with the right to grant and transfer the same to the Golf Course Owner, and does hereby grant to the Golf Course Owner, a non-exclusive easement over those portions of the Properties adjacent to the Golf Club Facilities for the flight of golf balls, and for the maintenance and encroachment of golf course irrigation systems, water mains, water pumps, electrical lines, communication lines and facilities and golf cart paths. 12.2.1 Rights of Access and Parking. The Golf Club Facilities members (regardless of whether such members are Owners), employees, agents, contractors, and designers shall at all times have 2 right and nonexclusive easement of access and use over all roadways located within the Properties as reasonably necessary to travel to and from any entrance within the Properties to and from the Golf Club Facilities and, further, over those portions of the Properties reasonably necessary to the operation, maintenance, repair, and replacement of the Golf Club Facilities, subject to the reasonable cost of maintaining those portions of the Properties. Without limiting the generality of the foregoing, members of the Golf Club Facilities and permitted members of the public shall have the right to park their vehicles on the roadways within the Properties at reasonable times before, during and after golf tournaments and other functions held at the Golf Club Facilities. 1-LA1627262.4 75 2@92-745838 80 Of 104 12.2.2 Limitations on Amendments. In recognition of the fact that the provisions of this Section are for the benefit of the Golf Club Facilities, no amendment to this Section and no amendment in derogation of this Section to any other provisions of this Declaration may be made, without the written approval thereof by the Golf Club Owner. The foregoing shall not apply, however. to amendments made pursuant to requirements of any Governmental Authority. 12.3 Golf Course Liabilities. Golf Club Owner intends to develop and operate the Golf Club Facilities for golfing and related uses. By accepting the deed to a Lot, each Owner. for himself and his Owner Representatives, hereby acknowledges, accepts and assumes the risk of any of the items set forth in below ("Golf Course Hazards".) Each Owner of a Lot and his Owner Representatives assumes the risk of any property damage, personal injury, creation or maintenance of a trespass or nuisance created by or arising in connection with the Golf Course Hazards (the "Assumed Risks") and releases, waives, discharges, covenants not to sue, indemnifies and agrees to hold harmless Declarant, the Association, the Board. the sponsor, developer, architect, designer, and contractor for the Golf Club Facilities, the members or authorized users and guests of the Golf Club Facilities, the Golf Club Owner, and each of their respective officers, directors, shareholders, affiliates, successors and assigns, and each of them, from any and all liability to the Owner or Owner Representatives for any losses, costs (including, without limitation, reasonable attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Risks. Notwithstanding the foregoing. however, in no event shall this Section relieve any golfer from any claims or liability under California law for any Golf Course Hazard caused by such golfer. The Golf Course Hazards shall include the following: 12.3.1 Errant Golf Balls. Owners of Lots, particularly Lots abutting the Golf Course, acknowledge the inherent risk of errant golf balls and assume and accept such risk. Owners acknowledge and accept the risk that golfers may attempt to retrieve errant golf balls from Lots and each Owner agrees to release and waive any claims Owner may have as a result of such retrieval- 12.3.2 View ImpairmentlPrivacy. Owners of Lots, including Owners of Lots abutting the Golf Club Facilities, have no guarantee that their view over and across the Golf Club Facilities will be forever preserved without impairment or that the view from the Golf Club Facilities will not be impaired. I-LN627262.4 76 2OS2-?45938 3/2802 08 &@A el of 194 The developer or owner of the Golf Club Facilities has no obligation to prune or not prune trees or other landscaping and such owner has reserved the right, at its sole and absolute discretion, to add, change or reconfigure the golf course and other related facilities, including any trees, landscapes, tees, bunkers, fairways and greens. 12.3.3 Treated Wastewater. The Golf Club Owner may use reclaimed and treated wastewater to Irrigate the Golf Courses and related landscaping and the Owners of Lots acknowledge, accept the use and assume the risk of such reclaimed and treated wastewater. 12.3.4 Pesticides and Fertilizers. Pesticides, fertilizers and other chemicals will be utilized in connection with the operation of the Golf Course and related landscaping and the Owners of Lots acknowledge, accept the use, and assume the risk of such pesticides. fertilizers and chemicals. 12.3.5 Overspray. Owners of Lots, particularly Owners of Lots abutting the Golf Courses, may experience 'overspray" from the Golf Course irrigation system, and such Owners acknowledge, accept and assume the risk of such "overspray". 12.3.6 Noise and Light; Tournaments. Owners of Lots, particularly Owners of Lots in proximity to the rAubhouse of the Golf Club Facilities may be exposed to lights, noise or activities resulting from use of the Golf Course for tournaments, from use of the cAubhouse for dining and entertainment and use of the parking lot, and such Owners acknowledge, accept and assume the risk of such light, noise and/or activities. Declarant shall also have the right to sponsor and conduct golf tournaments at the Golf Club Facilities and In connection therewith to erect temporary tents and other structures necessary or convenient to stage and operate such tournaments, and such Owners acknowledge. accept and assume the risk of any noise, inconvenience or other impact of any such golf tournaments. 12.3.7 No Access. The Owner of each Lot abutting any portion of the Golf Club Facilities, by accepting a deed to his Lot, acknowledges that the Golf Club Owner does not permit access to any portion of the Golf Club Facilities directly from any other Lot. Such Access is permitted only through the clubhouse and such other entry points as the Golf Club Owner may from time to time specifically designate. Accordingly, each Owner of a Lot abutting any portion of the Golf Club Facilities agrees not to access the Golf Club Facilities directly from his Lot and shall not permit any of his family, I-LM627262.4 77 2002-745938 IV 1 3/2W 08 00A IN 8?. f 104 guests, invitees or any other person to do so. The Association shall have the right to enforce this access restriction directly against any Owner who violates it by any and all means authorized in this Declaration- 12.3.8 Maintenance. The Golf Club Facilities, including without limitation, the Golf Course requires daily maintenance, including mowing, irrigation and grooming, during early morning and evening hours, including without limitation, the use of tractors, blowers, pumps, compressors and utility vehicles. Owners of Lois, particularly Owners of Lots in proximity to the Golf Courses, will be exposed to the noise and other effects of such maintenance, and such Owners acknowledge, accept and assume the risk of such noise and other effects, 12.3.9 Lakes. The Golf Club Facilities are presently designed to include artificial and/or naturally occurring bodies of water which may include, but are not limited to, ponds, lakes, streams and waterfalls that may pose a danger to anyone who might enter therein. Owners of Lots acknowledge, accept and assume the risk of such bodies of water. ARTICLE X111 MISCELLANEOUS 13.1 Term and Termination. This Declaration continues in full force until a Declaration of Termination satisfying the requirements of an amendment to this Declaration as set forth in Section 13.2 of this Declaration is Recorded. 13.2 Amendments. 13.2.1 Before Close of First Sale. Before the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant and any Mortgagee of record of an instrument amending or revoking the Declaration. Before the cJose of the first sale of a Lot in a second or subsequent phase of the Project to a purchaser other than Declarant or a Merchant Builder, any Supplemental Declaration recorded pursuant to Article 11 with respect to such phase may be amended in any respect or revoked by the execution of an instrument amending or revoking the Supplemental Declaration by Declarant, Merchant 1-LA/627262.4 78 2W2-245938 121"12602 08, %n 1111111111111111111111111111111111111111111111111111111 03 �f 104 Builder (if applicable) and any Mortgagee of record of the Property described in the Supplemental Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the Riverside Couni:y Recorder. 13.2.2 After Close of First Sale. After the close of the first sale of a Lot in the Project to a purchaser other than Declarant or a Merchant Builder, this Declaration may be amended or revoked in any respect by the vote or written consent of the holders of not less than sixty-seven percent (67%) of the voting rights of each class of Owners, or if a single class of Owners is then in effect, by the vote or written consent of not less than (i) sixty-seven percent (67%) of all the votes and (it) fifty-one percent (51%) of the votes excluding Declarant and any Merchant Builder. However, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of Owners in order to take affirmative or negative action under such provision, the same percentage of such class or classes of Owners shall be required to amend or revoke such provision. Also, if the consent or approval of any governmental authority, Mortgagee, or other person, firm agency, or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revocation subsequent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duty authoriZed officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the Riverside County Recorder. 13.2.3 Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot, in any manner inconsistent with the provisions of this Declaration; provided that termination of a the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of sixty-seven percent (67%) of the first Mortgages at the time of such amendment. I -LM27262.4 79 2002-7459att 12,113,'2092 98 00n 111111111 IN 84 f 104 Any approval by a holder. insurer or guarantor of a first Mortgage required under this Section 13.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing. or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder, insurer or guarantor does not submit a written response to the notice. 13.2.4 Intentionally Omittad. 13,2.5 Certification. A Certificate, signed and sworn to by two (2) officers of the Association that Members representing sixty-seven percent (67%) of the Lots have voted for any amendment adopted as provided above, when Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders, guarantors or insurers of first Mortgages shall include a certification that the requisite approval of the City, and such holders, guarantors or insurers of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years. 13.2.6 Reliance on Amendments. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith- 13.3 Notification of Sale of Lot; Transfer Fee. No later than thirty (30) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferor or the transferee shall notify the Golf Club Owner and the Association in writing of (a) the name and address of the transferee and transferor, (b) the date on which such sale or transfer is to be or was consummated, (c) a statement, executed by the transferee, that the transferee has received, and acknowledges receipt of a Copy of this Declaration, the Bylaws. Articles of Incorporation and other governing documents, (d) a statement, executed by the transferee, that the transferee agrees to be bound by all of the provisions of the Declaration, the Bylaws, Articles of Incorporation and other governing documents, and (e) the name and address of any Mortgagee of such transferor and transferee, 1-LAt627262.4 80 2082-745938 111111 Jill 111111111111111111111111111 85 Of 104 Any outstanding and unpaid Assessments shall be paid to the Association prior to the transfer of such Lot. Unless and until such notice is given and any unpaid Assessments have been paid to the Association on behalf of the transferor, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Association. Prior to (a) receipt of any such notification by the Association, (b) the payment of Assessments by the transferor, any and all communications required or permitted to be given bit the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's translator. By acceptance of a deed for a Lot, each Owner acknowledges that the Golf Club Facilities enhance the value and reputation of the Properties, and that each Lot is benefited by the open space of the Golf Club Facilities much as a large adjacent park benefits and enhances the value of surrounding property. For so long as and in consideration that the Golf Club Facilities are operated as landscaped open space, each Owner (other than a Merchant Builder or an institutional Mortgagee) hereby covenants, upon the transfer of a Lot, to pay to the Golf Club Owner a fee equal to one eighth of one percent (.00125%)of the purchase price paid or payable by the transferee of the Lot. This covenant shall (1) run with each Lot; (2) be binding upon all persons having any right, title or interest in a Lot, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of Golf Club Owner, and its successive successors -in -interest; and (4) may be enforced by the Golf Club Owner. 13.4 Mortgages Protection -General. Notwithstanding any other provision of this Declaration, no amendment or violation of this; Declaration will defeat or render invalid the rights of the Beneficiary under any Deed of Trust made in good faith and for value. and Recorded prior to the Recordation of such amendment (or a Notice of Lien Recorded pursuant to Section 6.10). In addition, no amendment of this Declaration shall be made which materially and adversely affects the rights of the Beneficiary under any Deed of Trust which is Recorded prior to this Declaration, without obtaining the prior written consent of such Beneficiary. After the foreclosure of any such Deed of Trust such Lot remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce FHLMC. GNMA, FNMA, VA and FHA to participate in the financing of Lots within the Properties, the following I-LA/627262.4 81 -0002-745938 11111111 Jill 111111111111111111111111,,, 12113�2&0208 &08 86 �f 104 provisions are added hereto (and to the extent theses added provisions, pertaining to the rights of Mortgagees, FHLMC, FNMA, GNMA, VA and FHA, conflict with any other provisions of this Declaration or any other of the Restrictions, these added restrictions shall control): 13.4.1 Notice of Default, Each Beneficiary, insurer and guarantor of a first Mortgage encumbering any Lot, upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot securing the respective first Mortgage; (ii) any delinquency of sixty (60) days or more in the performance by the Owner of such Lot of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot securing the respective first Mortgage, which notice each Owner herby consents to and authorizes; (!it) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees. 13.4.2 First Refusal Exemption. Every Owner, including every first Mortgagee or a Mortgage encumbering any Lot, which obtains title to such Lot pursuant to the remedies provided in such Mortgage, or pursuant to foreclosure of the Mortgage, or by deed (or assignment) in lieu of foreclosure, is exempt from any -right of first refusal." 13.4.3 Lion Priority. Each first Mortgagee of a Mortgage encumbering any Lot and Recorded prior to a Notice of Lien which obtains title to such Lot pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot free and clear of any claims for unpaid assessments or charges against such Lot which accrued prior to the time such Mortgagee acquires title to such Lot in accordance with Section 6.14, 13.4.4 Books and Records. All Beneficiaries, insurers and guarantors of first Mortgages on Lots, upon written request to the Association, may examine current copies of the Association's books. records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual audited financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty (120) days of the end of the fiscal year. 1 AN627262A 82 219W-745938 1211 3�2002 &B OGA U1111 11 IN 8? -f 104 13-4.5 Mortgagee Notices. A[ beneficiaries, insurers and guarantors of first Mortgages of Lots who have filed a written request with the Association shall be given (I) thirty (30) days written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws, and prior to the effective date of any termination of an agreement for professional management of the Properties following a decision of the Owners to assume self -management of the Properties; and (H) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Common Area whenever the cost of reconstruction exceeds Ten Thousand Dollars ($10,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties. 13.4.6 Common Area Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefore from the Association. 13.5 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been deposited in the United Stater, Mail, Postage Prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the Residence of such Person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 136 Enforcement and Non -Waiver. 116-1 Right of Enforcement, Subject to Sections 1354 and 1375 of the California Civil Code and Sections 13.6.7. 13.6.9 and 13.15 below, the Association, the successors -in -interest of the Association, any Owner, Declarant and Merchant Builders (so long as Declarant or a Merchant Builder owns a Lot in the Properties or is entitled to add Annexable Area to the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right 1-L.N627262,4 83 2802-745938 12,13�20&2 88:60A 11111111 HE 111111111111111111111111111 88 -f 104 shall include proceedings for damages. as well as proceedings to enjoin any violation of the Restrictions. The City shall be entitled but not obligated to enforce all provisions of this Declaration required by the City as conditions to approval of development of the Properties. 13.6.2 Violations are Nuisance. Every act or omission whereby an provision of the Restrictions is violated in whole or in part Is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 13.6.1 above. 13.6.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement Procedures set forth in the Restrictions. 13-6.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot, bring a suit at law to enforce each assessment obligation. 13.6.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof. 13.6.6 Special Assessment. If any Owner, his Family, guests, licensees, tenants or invitees violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws, suspend or condition such Owner's right (and the right of his Family, guests, licensees, tenants and invitees) to use any portion of the Common Area (other than streets and driveways providing access to such Owner's Lot). Any such suspension or conditional suspension shall be for a period of not more than thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any delinquent assessment) may be imposed for so long as the violation continues. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner, his Family or a resident of or visitor to his Lot, to comply with any provision of the Restrictions, other than Article VI hereof. Such fines or penalties may only be assessed by the Board after Notice and Hearing. 1 -LN627262A 84 20@2-7459n 12/13/2602 08 @OR IN 111111111111111111111111111 89 f 104 13.6.7 Alternative Dispute Resolution of Assessment Disputes. Disputes between an Owner and the Association regarding the assessments imposed by the Association may be submitted to alternative dispute resolution in accordance with Civil Code Section 1354 if such Owner pays in full (i) the amount of the assessment in dispute, (ii) any late charges. (iii) any interesL and (iv) all fees and costs associated with the preparation and filing of a Notice of Delinquent Assessment (including mailing costs not to exceed the maximum amount allowed by law), and states by written notice that such amount is paid under protest, and the written notice is mailed by certified mail not more than thirty (30) days from the Recording of a Notice of Delinquent Assessment. Upon receipt of such written notice, the Association shall inform the Owner in writing that the dispute may be resolved through alternative dispute resolution as set forth in Civil Code Section 1354. The right of any Owner to utilize alternative dispute resolution under this Section may not be exercised more than two times in any single calendar year, and not more than three times within any five (5) calendar years. Nothing within this Section shall preclude any Owner and the Association. upon mutual agreement, from entering into alternative dispute resolution in excess of the limits set forth herein. An Owner may request and be awarded through alternative dispute resolution reasonable interest to be paid by the Association in the total amount paid under items (i) through (iv) above, if it is determined that the assessment levied by the Association was not correctly levied. 13.6.8 Notice of Noncompliance. After Notice and Hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Residence owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Residence and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied- 13-6.9 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attomeys'fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of the Members (excluding the voting power of any Owner who would be a I -LAJ627262.4 85 2902-745938 U!"13/200208 86H I oil 11111110 111111111111111111111111111111111111111111 defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Stich approval is not necessary if the legal proceedings are initiated (I) to enforce the use restrictions contained in Article VII, (ii) to enforce the architectural and landscaping control provisions contained in Article VIII, (III) to collect any unpaid assessments levied pursuant to this Declaration, (iv) for a claim, the total value of which is less than five hundred thousand dollars ($500,000.00), or (v) as a cross -complaint In litigation to which the Association is already a party. If the Association decides to use or transfer Reserve funds or borrow funds to pay for any litigation, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the reserve funds will be replaced or the loan will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly. 13.7 Interpretation. 13-7.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration, The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California. 13.7.2 Restrictions Severable. Notwithstanding the provisions of Section 13.7.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision. 13.7.3 Singular Includes Plural. Unless the content requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each Include the masculine, feminine and neuter. 13.7.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof. I-LAJ627262.4 86 2902-745938 12/ 13/2092 08 09H 111111 M 11111111111111111111111111111111111111 IN 91 f 104 13-7.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for Performance of obligations or to elapsed time means consecutive calendar days, months or years, as applicable. 138 Reservation Of Easements. Declarant and the Merchant Builders hereby reserve for the benefit of all of the Properties reciprocal easements for access, ingress and egress for all Owners to and from their respective Lots; for installation and repair of utility services; for encroachments of Improvements constructed by Declarant and Merchant Builders or authorized by the Architectural Review Committee over the Common Area; for drainage of water over, across and upon adjacent Lots and Common Area resulting from the normal use of adjoining Lots or Common Area; for necessary maintenance and repair of any Improvement constructed by Declarant or a Merchant Builder; easements as may be shown on any Recorded subdivision map or Recorded parcel map of any portion of the Properties; and for such other purposes specified in this Declaration. Such easements may be used by Declarant and the Merchant Builders, their successors, invitees and purchasers, the Association, and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Properties, for pedestrian walkways, vehicular access and such other purposes specified herein or reasonably necessary for the use, maintenance and enjoyment of a Lot or the Common Area. Declarant hereby reserves easements for the installation and maintenance of master antenna or master cable television antenna service, as provided in Section 3-8. 13,9 No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use. 13-10 Disclosures, Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or other portion Of the Properties agrees to every limitation, restriction, easement. reservation, conclition and covenant contained herein, whether or not any reference to this Declaration is contained in the ins,trument by which such person acquired an interest in the Properties. Each Owner, by acceptance of a deed or other conveyance of a Lot, whether or not it shall be so expressed in any such deed or other instrument, acknowledges and understands the following. 1-LA/627262.4 87 2802-745939 12/13/200e 98; &OR 11 IN 92 Of 104 13.10.1 Entry Gates. Vehicular access into the Properties may be controlled by electronically operated entry gates located at the private street entrances into the Properties, which facilities will have pedestrian gates that will not be controlled in any way, and will be open to the general public. There may be additional controlled access pedestrian gates at other location within the Properties. There are no assurances that entry gates will be staffed. If staffing is provided, the schedule for commencing gate staffing operations and the hours of staffing will be subject to change as development progresses and will be affected by the commencement of Common Assessments in future Phases of Development Interim staffing may be provided by Declarant or the Merchant Builders, at their sole cost and discretion, as a part of development operations at the Properties. Interim gate staffing may be modified or eliminated at any time without notice. 13.10.2 Gate Operations During Marketing Period. Declarant reserves the right to limit the operation of any vehicular entry gates during the "Marketing Period" (as defined in Section 104) when Declarant or Merchant Builders are constructing and/or offering Residences for sale. During the Marketing Period the entry gates will be open to the general public including Declarant and Merchant Builder construction and model home traffic from the earlier to occur of 7a.m. or dawn to the later to occur of 7p.m. or dusk seven days a week. Declarant may change the hours of gate operation in its sole discretion and without notice to accommodate construction and marketing activities. 13.10 3 Security and Privacy Disclaimer. Entry gates and entry gate staffing services are not intended to provide security for persons, personal property or Residences within the Properties. Declarant, the Merchant Builders and the Association do not undertake to provide security for the Properties nor do they make any representations or warranties whatsoever concerning the effect the gates or gate staffing may have on vehicular and pedestrian access through the Properties or the privacy and safety of the Properties. 13.11 No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties. or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws. fitnew; for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, 1-LA/627262.4 88 MR-745938 IUI'e�2%2 08 @0A 111111111111111111111111111111111111111111111111 93 Of 104 taxes or regulation thereof, except as specifically and expressly set forth in this Declaration and except as may be filed from time to time with the DIRE or with any other governmental authority. 13.12 Standard of Care, Nonliability. 13.12.1 Scope of Powers and Standard of Care. General Scope of Powers. Rights and powers conferred on the Board, the Delegates, the Architectural Review Committee or other Committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, Delegated, Architectural Review Committee or other Committees or representatives of the Association by the Restrictions or applicable law, the Board, Delegate and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future. Business Affairs. This Subsection 13.12.1 (ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances and Architectural Review Committee member actions. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position Would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial date, in each case prepared or presented by: One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; (3) A Committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the 1-LVU7262,4 89 2602-745938 1 E!/l 3/2002 08 t3on III milli pil III IIIIIIII III lip 111111111 94 of 14)4 need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted; or (4) This Subsection 13,12.1 (ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and Interpretations of the business judgment rule applicable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 13.12.1(ii). Association Governance. This Subsection 13.12.1 (iii) applies to Board actions, Architectural Review Committee decisions and Covenant Committee decisions in connection with interpretation and enforcement of the Restrictions. architectural and landscaping control. regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory. 13.12.2 Norillabillity. General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts"), except to the extent that injuries or damage result form the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct. The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Delegates, the Association's officers. the Manager of the Manager's staff. (ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortuous act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365.7 of the California Civil Code, as modified, amended, or replaced, are met. 1-LAf627262.4 90 2092-745938 �"2602 so &08 95 -f 104 13.13 Enforcement of Certain Bonded Obligations. If (i) the Common Area Improvements located on any Phase of Development of the Properties are not completed by the developer (Merchant Builder or -Declarant, as the case may be) of such Phase of Development of the Properties (herein the "Developer"), prior to the issuance of a Final Subdivision Public Report for that Phase of Development by the DRE; and (ii) the Association is obligee under a bond. letter of credit or other arrangement ("Bond") required by the ORE to secure performance of the Developer's commitment to complete the Improvements, the following provisions of this Section will be applicable: 13.13.1 Board Action. The Board shall consider and vote on the question of Association action to enforce the obligations under the Bond. with respect to any such Improvement for which a Notice of Completion has not been filed, within sixty (60) days after the completion date specified for that Improvement in the Planned Construction Statement appended to the Bond. If the Association ties given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed, within thirty (30) days after the expiration of the extension, 13.13.2 Member Action. A special meeting of Members, for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the Board's failure to consider and vote on the question, shall be held no fewer than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by not less than Members representing not less than five percent (5%) of the Association total voting power. A vote of Members representing a majority of the Association voting power, disregarding any votes attributable to Lots owned by the Developer, to take action to enforce the obligations under the Bond shall be deemed the Association's decision, and the Board must thereafter implement this decision by initiating and pursuing appropriate action in the Association's name. 13.14 Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall prevail. In addition, if there are any conflicts or inconsistencies between this Declaration or any of the I-LN627262.4 91 2002-745938 t2/13/200268 008 I IIIIII IIIIII III IIIIIIII IIII III IIIIIIII 1111111111111111 96 of 104 Restrictions, and any documentation executed by a Merchant Builder and Declarant in connection with the sale of any property in the Properties to the Merchant Builder (collectively "Development Documents"), as between Merchant Builder and Declarant, the terms and provisions of the Development Documents shall control. 13.15 Dispute Resolution. Any disputes between all or any of the Association, Merchant Builders, Owner(s) and the Declarant or any director, officer, partner, employer, contractor, subcontractor, design professional, consultant or agent of the Declarant (collectively "Declarant Parties") arising under this Declaration or relating to the Properties (excluding disputes solely between Declarant and any other Declarant Party or Parties), shall be subject to the following provisions� (a) Construction Defect Disputes. Prior to the commencement of any legal action by the Association or any Owner(s) against a Merchant Builder, the Declarant or Declarant's Party based upon a claim for defects in the design or construction of any Residence, Common Area or Improvements thereon, the Association or Owner must first comply with the requirements of Civil Code Section 1375 (notwithstanding the fact that Section 1375 does not apply to Owners by its terms). If the parties are unable to resolve their dispute in accordance with the procedures established under Civil Codes Section 1375, the dispute shall be resolved in accordance with subsection (c) below and the parties shall each be responsible for their own attorneys'fees. (b) Other Disputes. Any other disputes arising under this Declaration or otherwise between the Association, any Owner, a Merchant Builder and the Declarant or a Declarant Party (except for action taken by the Association against Declarant for delinquent assessments, and any action involving any Common Area completion bonds)(excluding disputes between Declarant and any Merchant Builder) shall be resolved in accordance with subsection (c) below. The dispute resolution procedure in subsection (c) as it applies solely to the dispute under this subsection (b) shall be deemed to satisfy the alternative dispute requirements of Civil Code Section 1354, as applicable. (c) Judicial Reference. Any unresolved disputes under subsections (a) and (b) above, shall be submitted to general judicial reference pursuant to California Code of Civil Procedure Section 638(1) and 641-645 or any successor statutes thereto. The parties shall cooperate in good faith to ensure that I-LM627262.4 92 2002-745938 12, 13,TN2 N8 �&A 1111111111 IN III IIIIIIII 1111111111111111 97 of 104 all necessary and appropriate parties are included in thejudicial reference proceeding, The parties shall share equally in the fees and costs of the referee, unless the referee orders otherwise but shall each be responsible for their own attorneys' fees. The general referee shall have the authority to try all issues, whether of facto or law, and to report a statement of decision to the court, The parties shall use the procedures adopted by Judicial Arbitration and Mediation Services ("JAMS") for judicial reference and selection of a referee (or any other entity offering judicial reference dispute resolution procedures as may be mutually acceptable to the parties), provided that the following rules and procedures shall apply in all cases unless the parties agree otherwise: located; (1) The proceedings shall be heard in the county in which the Project is (2) The referee must be a retired judge or a licensed attorney with substantial experience in relevant real estate matters; (3) Any dispute regarding theselection of the referee shall be resolved by JAMS or the entity providing the reference services, or, if no entity is involved, by the court with appropriate jurisdiction; (4) The referee may require one or more pre -hearing conferences; (5) The parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (6) A stenographic record of the trial shall be made, provided that the record shall remain confidential except as may be necessary for post -hearing motions and any appeals; (7) The referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and (8) The referee shall have the authority to rule on all post -hearing motions in the same manner as a trial judge. The statement of decision of the referee upon all of the issues considered by the referee is binding upon the Parties, and upon filing of the statement of decision with the clerk of the court, or with the judge where there is no clerk, judgment may be entered thereon. The decision of the referee shall be I-LkIU7262.4 93 2002-745938 12/13/2982 091 NOR IN 98 �f 104 appealable as if rendered by the court. This provision shall in no way be construed to limit any valid cause of action which may be brought by any of the parties. The parties acknowledge and accept that they are waiving their right to a jury trial. [Remainder of Page Intentionally Left Blank] 1-LV627262.4 94 M-245938 12"11"2002 go � O&A IN 99 f 104 Declarant and Lamperti have executed this instrument as of _J& Z!2 12002. DECLARANT: ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company By: Nationwide R nvestors, Ltd., an Ohio Ii i d H bility company Its: Manaoino ern r IN By: Brian J. Ellis President and Chief Operating Officer LAMPERTI: ALUrK I U. LAMHEKTI 10� az� ,PDITH E. LAIVIPE� ITI 00' I-L,V627252.4 95 2002-745938 1211312092 &B : G@A IIIIIIII oil III IIIIIIII III 111111111101 166 Of 104 STATE OF CALIFORNIA COUNTY OF Marin SS: On Nnvpmhpr 19 , 2002 before me, th=gn d, a Notary Public in and for said County and State, personally appeared Albet C. ti — . personally known tome (or proved to me on the basis of satisfactory evidence) to be the pe'son(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 r ly,6litpolmolsWicial eal, 0 COMM 013OW2 a NOTARY FUBIJC�AUFORNIA MARIN COUNTY 0 < MYC=� EAP.MSJo$20 2X5 S, DARRINGTON STATE OF CALIFORNIA COMM #1305�2 qOTARY PUBLIC-CALIFORNA SS: A* MARIN COUNTY 0 COUNTYOF Marin I M )_ y C��- EXP;" j ... 20L 2005 On November 19 , 2002 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Judith F, I ampert] personally known to me (or 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/Shelthey executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the i or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. r 0 1 - < S DARRINGTON COMM P1305462 NOTARY PUBLI�GAUFORNJA MARJN COUN�. my C.M�. �P. f'. 20.2W5 a STATE OF CAjVKrRNIA 0/'JV0 COUNTY OF ss: Notary P I' S. Darrington On 2!002 _�teforp me, the underwin I �cl, a Notary Public in and for Said County and State, personally appea d - 4w4w J: 0/ , personally known to me (or 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 i or the entity upon behalf of which the person(s) acted, executed the instrument - WITNESS my hand and official seal. SARAIJ BOOR Bi Notary PUbk. StalB Of 0110 My Commission EVIMS 09-12-06 Notary Public� 2082-745938 12/13/2002 08 @OR IN 191 f 104 EXHIBIT "A!' LEGAL DESCRIPTION OF PROPERTY IN FIRST SUBDIVISION Lots 117 through 140, 142 through 154, 214 through 272, inclusive of Amended Tract No. 29894.2, as per map recorded In Book.,%L7, Pages S through inclusive of Maps, Records of Riverside County. California. 1-LV621262A A-1 2862-745938 12/13/2002 08 86A IG2 �f 164 EXHIBIT "B" DESCRIPTION OF ASSOCIATION PROPERTY AND ASSOCIATION EASEMENT AREA IN FIRST SUBDIVISION Lots E, H, K, S, CC, FF, LL, and MM, inclusive of Amended Tract No. 29894-2, as per map recorded in Book3A1, Pages-:&� through E?I? , inclusive of Maps, Records of Riverside County, California. Association Easement Areas: The Association maintains an easement over Lots Q and EE of Amended Tract No. 29894-2, as per map recorded in Book:&�Z, Pages;6(v through ?6- inclusive of Maps, Records of Riverside County, California, pursuant to that cerG�nEasement —and 'Road Maintenance Agreement entered into by and between Declarant and the Association dated and recorded on.. ZZ-13-0 '�as Instrument No. in the Official RWcords —0f Riverside County, California, I-LA/627262.4 2@@2-745938 12� 13/2062 08 BOA 193 f 104 EXHIBIT "C" DESCRIPT ON OF ANNEXABLE AREA Lots I through 116, 141, 155 through 213, 273 through 346, A. B. D. F, G. 1, J, L through R, T, Ll, W, GG, HH, DO, JJ, 11, KK, NN, along with those parcels shown as remainder parcels, inclusive of Amended Tract No. 29894-2, as per map recorded in Bookj��'7, Pages.% through inclusive of Maps, Records of Riverside County, California. 1-LA1627262.4 C-1 2062-745938 12/131,2002 098 11111111111 HE III IIIIIIII 11111111 IN 1111 104 104 RECORDING REQUESTED BY: The Hideaway Owners Association AND WHEN RECORDED MAIL TO: Wayne S. Guralnick, Esq. Guralnick & Gilliland, LLP 74-399 Highway 111, Ste. M Palm Desert, CA 92260 DOC a 2005—OOMS720 ielos/z@95 ea!@eA Foe:ig-ee Page I of 5 Recorded In Official Records Co.nty of Riverside Larry W. Ward Assessor, C � ty Clerk Il Recorder 1111111111111111111111 IN 1111111111111111111111111111 M S u P�E we N LONG W� K� � FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE HIDEAWAY [Cover Page] IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. 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. FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVEN R ANTS, CONDITIONS, ES.TRICTIONS AND RESER�ATJON OF EASEMENTS FOR THE HIDFAWay A`v, THIS FIRST AMENDMENT is made thisA —%'day of �ct JC005, by the written consent of at least fifty-one percent (51%) Of the membership of the Association. which is lejally described as Lots If 7 through 140, 142 through 154, 214 through 272, inclusive of Amended Tract No. 29894-2, as per map recorded in Book 327 Pages 56 through 88 OfMaps, Records of Riverside County, California; Lots E, H, K, S, CC, FF, LL and MM, inclusive ofAmended Tract No. 29694-Z as per Map recorded in Book 327, Pages 56 through 88, inclusive of Maps, rEcords of Riverside County, California; Association Easement Areas: The Association maintains an easement over Lots Q and EE OfAmended Tract No. 29894-2, as permap recorded in Book 327, Pages 56 t through 88, inclusive Of Maps, Records of Riverside County, California, pursuant to hat certain Easement and Road Maintenance Agmement entered into by and between Declarant and the Association dated Dec�mber 4, 2002 and recorded on December 13, 2002, as Instrument No. 2002-745937, in the official Records of Riverside County, California; and Lots I through 116, 141, 155 through 213, 273 through 346, A, B, D, F, G, IF, J, L through R, T, U, W, GG, HH, DD, Ji, 11, KK, NN, along with those Parcels Shown as remainder Parcels, inclusive of Amended Tract No. 29894-2, as per map recorded in Book 327, Pages 56 through 88, inclusive Of Maps, Records of Riverside County, California. and WHEREAS, the Amended and Restated Declaration of Covenants, Conditions, Restrictions and Reservation of Easements forThe Hideaway (hereinafter "Restated Declaration") was recorded December 13, 2002, as Instrument No. 2002-745938, records of Riverside County, California, and the Supplementary Declaration of Annexation of Property recorded August 19, 2004 as Instrument No. 2004-0656071, records of Riverside County, CalJornia: and WHEREAS, pursuant to Section 13.2.2 of the Restated Declaration, at least sixty-seven percent (67%) of the entire voting power and at least fifty-one percent (51 %) of the voting power (excluding Declarant and ardy Merchant Builder) of the Association must consent to amend the Declaration, which consent was obtained; and WHEREAS, Pursuant to Section 13.2.2 of the Restated Declaration, requires that the Secretary or other duly authorized officer of the Association execute an instrument certifying that the amendment was approved by at least sixty-seven percent (67%) of the entire voting power, as well as fifty-one percent (51 %) of the voting power (excluding Declarant and any Merchant Builder) of the Association. NOW, THEREFORE. the undersigned officers of the Association declare that Sections 7.3 and 13.3 be amended within the Restated Declaration as set forth in Exhibit A, attached hereto and made a part hereof by this reference. S:W)4-172CZ41��end CC&R pd FIRST AMENDED AND RESTATED CC&RS CERTIFICATE OF SECRETARY The undersigned, as Secretary of The Hideaway owners Association hereby certifies and acknowledges under penalty of perjury that the above First Amendment to the Restated Declaration was approved by whtten consent of sixty-seven percent (67%) of the entire voting power, as well as fifty-one percent (51 %) of the voting power (excluding Declarant and any Merchant Builder) of the Association, evidence of which is on file in the! office of the Association. Date:, a- � I�_Cs SA04-1 TZCC&RS\A�=&R.�d The Hideaway Owners Association A California Nonprofit Mutual Benefit Corporation Al�e_o ZQV9��Tl (�_S_ecretary FIRST AMENDED AND RESTATED CC&RS EXHIBIT A The text of the Amended and Restated Declaration shall be as follows - 7.3 Landscaping. I dli.�g uummencement or construction of a residence on a Lot, the Owner must install except for any lan-d—s— and must thereafter caping L0 DID Maintained by the 1Issociation) plants, shrubs, trees, and any other appropriate landscaping Improvements, pursuant to plans and specifications approved by the Architectural Review Committee, on all yard areas that are not on or are assigned as exclusive use easement areas of the Lot EachOwner must properly maintain and periodically replace when necessary all trees, plants, grass, vegetation and other landscaping improvements located on such Owner's Lot which are not the maintenance responsibility of the Association, No plants or seeds infected with insects or plant diseases may be brought upon, grown or permitted to exist upon any part of the Properties. Subject to Article VIII, the Board may adopt, amend or supplement the Architectural Review Committee Rules to regulate landscaping permitted and required in the Properties. If an Owner fails to install and maintain landscaping in conformance with the Architectural Review Committee Rules, or allows his Lotor landscaping to deteriorate to a dangerous, unsafe, unsightly or unattractive condition, the Board, upon thirty (30) days priorwriffen notice to such Owner, may seek any remedies atlaw or in equity which it may have and , after Notice and Hearing, may correct such condition and enter upon such Owner's property forthe purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereo�. Such cost shall be a Special Assessment enforceable in the manner as set forth in this Declaration. 13.3 Notification of Sale of Lot; Transfer Fee. No later than thirty (30) days after the sale or transfer of any Lot under circumstances whereby the transferee becomes the Owner thereof, the transferor or the transferee shall notify the Golf Club Owner and the Association in writing of (a) the name and address of the transferee and transferor, (b) the date on which such sale or transfer is to be or was consummated, (c) a statement, executed by the transferee, that the transferee has been received, and acknowledges receipt of a copy of this Declaratiop, the Bylaws, Articles of Incorporation and other governing documents, (d) a statement, executed by the transferee, that the transferee agrees to be bound by all the provisions of the Declaration, the Bylaws, Articles of Incorporation and other governing documents, and (e) the name and address of any Mortgagee of such transferor and transferee, Any outstanding and unpaid Assessments shall be paid to the Association priorto the transferofsuch Lot. Unless and until such notice is given and any unpaid Assessments have been paid to the Association on behalf of the transferor, the Association shall not be required to recognize the transferee for any purpose, and any action taken by the transferor as an Owner may be recognized by the Assocfation Prior to (a) receipt of any such notification by the Association, (b) the payment of Assessments by the transferor, and any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to such transferee's transferor. . . . . . . . . . . M1 Shike ati indicates deletions; dauble-underline indimtes additions S.V4-17�CC&R5%A�d.CC&R..pd 3 FIRST AMENDED AND RESTATED CCARS CALIFORNIA ACKNOW NT State of California Co:nt;of R lversl e On 01 ta ou pp2 No blic, personally a eare a personally known to me — OR — 0 proved to me on the basis of satisfactory evidence to be the personWrwhose nameX is/as�&- subscribed to the within instrument and E FERt N acknowledged to me that he/8heAhey executed 15 P '"'On # 133 B 0 C7 ��Klr FL FERGUSoN 13EC CG�Mission # 1339215 the same in his/hiarithem authorized capacitykiee), 'c Q61 Notaf) Public C; Califen,12 and that by his/hoOtheir signatureo�on the MC'.Rivc—uecounry instrument the personw, or the entity upon Eiminm Jan 12.20W behalf of which the person�eacted, executed the OPT Though the data below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL ID CORPORATE OFFICER TITLE(S) 11 PARTNERS 0 LIMITED [1 GENERAL • ATTORNEY -IN -FACT • TRUSTEE(S) El GUARDIANICONSERVATOR 11 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OF TYPE OF DOCUMENT - NUMBER OF PAGES DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE U Wy ��nlsVx��ckp�edgmnl ,d 2965-8829720 2 656 111111111111 IN 6/06/ 5 & of 5 8:60R Recording Requested By First American Title Company WHEN RECORDED MAIL TO: MORGAN, LEWIS & BOCKIUS 300 South Grand Avenue Suite 2200 Los Angeles, California 90071 A17N: Anthony Ciasulli, Esq. DOC a ZOOZ-74SO42 12/13/2002 08:0111A F**:28.11110 Page I of 8 Recorded In Official Records County of Rlversid* Gary L. Orec, Assessor. County Clark & Recorder I IIIIII IIIIII III IIIIIIII IIII IIII IIIIIII 1111111111111111 M s _U PAGE SQE PCOR R L COPY LONG R1EFMD K�l IRRIGATION AGREEMENT T SF THIS IRRIGATION AGREEMENT (the "Agreement") is made and entered into on 'Voy 2002, by and between ND LA QUINTA PARTNERS, LLC, a Delaware limited liability company ("ND La Quintall), and THE HIDEAWAY OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association"), with reference to the following facts: RECITALS A. ND La Quinta is the owner of certain real property adjacent to the Project (as defined below), and which is being developed into r1lultiple golf courses and certain landscapes and structures associated therewith (the "Golf Course") B . The Association is a homeowner's association representing the owners of certain real property situated in the City of La Quinta, County of Riverside, California, which is in the process of being developed as a Common Interest Subdivision pursuant to the Davis -Stirling Common Interest Subdivision Act, to be known as The Hideaway (the "Project"), the relevant portion of which (for purposes of this Agreement) is Tract No. 29894-2 as per map recorded in Book,3�;, pages Sip through SSI, inclusive, of Maps in the office of the County Recorder of Riverside County. C. The Association requires a supply of water with which to irrigate landscaping throughout certain portions of the Project as more particularly described on Exhibit "A' attached hereto and made a part hereof (the "Irrigation Property"). Presently, ND La Quinta Carl provide golf course irrigation water to the Association at a savings over domestic water rates. By this Agreement, the Association desires to contract with ND La Quinta to provide, and ND La Quinta does desire to provide to the Association, a supply of golf course irrigation water sufficient to irrigate the Irrigation Property. I -LA/626980.4 First American Title Company has recorded this instrument by request as an accom- madation only and has not examined it for regularity and sufficiency of as to its effect upon the title 1.0 any real property that may be described hr-ein D. The parties hereto desire to set forth the agreement of the Association and ND La Quinta regarding a supply of golf course irrigation water sufficient to irrigate the Irrigation Property, all in accordance with the terms and provisions hereof. NOW THEREFORE, for the agreements set forth herein as well as other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ND La Quinta and Association agree as follows: AGREEMENT I . IncoMoration of Recitals, The Recitals set forth above are fully incorporated herein by this reference. 2. Irrigatio . ND La Quinta agrees that it shall provide golf course irrigation water to the "Hook Up Points" (defined below) in sufficient pressure and quantity, at a time during the day as determined by ND La Quinta (and subject to change in ND La Quinta's sole and absolute discretion), and for a sufficient period of time each day, to properly and adequately irrigate the entirety of the Irrigation Property, as such area may be expanded from time to time (the "Irrigation Service"). ND La Quinta may relocate the Hook Up Points as is reasonably necessary to accommodate maintenance, repair, replacement or redesign of the Golf Course or any portion of the irrigation system. The Hook Up Points shall be those points at which ND La Quinta's water delivery system and the irrigation system of the Association shall meet. Unless otherwise agreed to by the Parties, the Hook Up Points shall be located within ten (10) feet of the boundary line between the Project and the Golf Course. In no event shall ND La Quinta be responsible for maintaining or repairing the irrigation system of the Association or any Common Areas, nor shall ND La Quinta be required to provide golf course irrigation water to any individual homeowners in the Project. The Parties hereby acknowledge and agree that ND La Quinta shall not be liable to the Association or any other party for any damage, loss, or prejudice suffered or claimed on account of any acts beyond the reasonable control of ND La Quinta with respect to the Irrigation Service including, without limitation, power outages, pump station failure or extreme weather conditions that would affect the supply or composition of available water. 3. Irri2ation Cost . The Association shall pay a sum (the "Irrigation Fee") monthly to ND La Quinta, as compensation for the Irrigation Service. For the first year of this Agreement, the Irrigation Fee shall be equal to $14.50 per acre/ft. of water which passes through the Hook Up Point toward the Project, The amount of this Irrigation Fee shall increase annually by the greater of (i) a percentage equal to the percentage change in the Consumer Price Index for the previous twelve (12) month period, or (ii) a percentage equal to the percentage by which the annual cost to ND La Quinta to actually provide the Irrigation Service shall increase. 4. Payment of the Irrigation Fee. The Association shall pay the Irrigation Fee to ND La Quinta no later than the Payment Due Date in an amount calculated as set forth in Section 4 above. The Association shall pay ND La Quinta only in the form of a cashier's check or money order made payable to ND La Quints. The payment shall be delivered to ND La Quinta at the address set forth below regarding Notices and shall be considered made only upon receipt of such payment by ND La Quinta. 2092-745941 12/13/2092 09 608 IN 2 f a I -W626980.4 5. Late Penalt . The Association shall pay a late payment penalty equal to the, lesser of (i) one and one-half percent (1.5%) per month, calculated on a thirty (30) day month, or (ii) the maximum amount allowable by law, pro -rated for the number of days each monthly payment is late. 6. Termination of Irrigation Services. Notwithstanding those provisions regarding the term of this Agreement set forth at Section 5 above, the Association may terminate, in its sole and absolute discretion, that portion of this Agreement which concerns the provision of Irrigation Services by ND La Quinta to the Association upon thirty (30) days written notice to ND La Quinta at the address set forth below regarding Notice. Alternatively, ND La Quinta may terminate, in its sole and absolute discretion, that portion of this Agreement which concerns the provision of Irrigation Services by ND La Quinta to the Association upon one-hundrcd eighty (180) days written notice to the Association at the address set froth below regarding Notice. 7. Alternative Dispute Resolution. This Section 7 sets forth a mechanism and procedure under which any claim, controversy, breach or dispute arising out of the Easement, the Lake Lots or this Agreement, including, without limitation, the interpretation of any term or provision of this Agreement (individually, referred to as a "Dispute", and collectively referred to as "Disputes"), will be resolved in a prompt and expeditious manner. In the event that the parties to any Disputes are unable to resolve all or any Disputes, any such unresolved Disputes shall be heard by a referee pursuant to the provisions of the California Code of Civil Procedure Sections 638-645. 1, inclusive, and as set forth in this Section 16. All references to a party or to the parties in this Section 7 shall mean a party or parties to a Dispute arising out of the Easements, the Easement Areas or this Agreement. A. Procedure for Appointmen . The venue of any proceeding brought under this Section 7 shall be in Riverside County (unless changed by order of the referee). The party seeking to resolve the Disputes shall file in court and serve on the other party a complaint describing the matters in dispute. Service of the complaint shall be as prescribed by law. At any time after service of the complaint, any party may request the designation of a referee to try the dispute. Thereafter the parties shall use their best efforts to agree upon the selection of a referee. If the parlies are unable to agree upon a referee within ten (10) days after a written request to do so by any party, then any party may petition the presiding judge of the Superior Court in which the action is filed or the Superior Court judge to whom the matter has been assigned (the "Judgg�,) to appoint a referee. The person so appointed shall be a retired judge or a lawyer experienced in the subject matter of the dispute. B. Appointment of Proposed Referee as Judge Pro Tem. In recognition that (1) there is no action pending as of the date of this Agreement in which the parties thereto can stipulate to the appointment of a temporary judge, (2) there is no statute authorizing such a stipulation in advance of the filing of an action in the Superior Court, and (3) the appointment of a referee as a temporary judge ("Judge Pro Te '� under Article VI, Section 21 of the California Constitution and California Rules of Court Rule 244, would be preferable to a general reference, in the event of the filing of an action in the Superior Court to B92-745941 12/13/202 08; WR 111111 IN 1111111111111111111111111 3 of 0 I-LA/624980.4 resolve all or any Disputes, the parties thereto shall use their best efforts to stipulate that the proposed referee be appointed as a temporary judge under Article VI, Section 21 of the California Constitution. C. Decision and Jurisdictio; of Refere . The referee or Judge Pro Tern shall decide all issues of fact and law submitted by the panics for decision in the same manner as required for a trial by court, including all law and motion matters, ex parte matters and discovery disputes. The referee or Judge Pro Tern shall try and decide any or A Disputes according to all of the substantive, evidentiary and procedural law of the State of California. When the referee or Judge Pro Tern has decided the Disputes, the referee or Judge Pro Tern shall prepare a statement of decision and judgment. The judgment entered by the Superior Court shall be appealable in the same manner as any other judgment. D. Discove . Discovery shall be allowed and conducted under the supervision of the referee or Judge Pro Tern pursuant to the provisions of the California Code of Civil Procedure and the California Rules of Court. E. Cooperatio . The parties shall diligently cooperate with one another and the person appointed as referee or Judge Pro Tern to resolve each and every Dispute and shall perform such acts as may be necessary to obtain a prompt and expeditious resolution of all such Disputes. If either party refuses to diligently cooperate, and the other party, after first giving notice of its intent to rely on the provisions of this subsection, incurs additional expenses or attorneys' fees solely as a result of such failure to diligently cooperate, the referee or temporary judge may award such additional expenses and attorneys' fees to the party giving such notice, even if such pgrty is not the prevailing party in the Dispute. F. Allocation of Cost . The costs of the proceeding shall initially be home equally by the parties to the Dispute, but ultimately such costs shall be home by the parties as determined by the referee or Judge Pro Tern as an item of recoverable costs. If either party refuses to pay its share of the costs of the proceeding at the time required, the other party may do so, in which event that party will be entitled to recover (or offset) the amount advanced, with interest at the maximum rate permitted by law, even if that party is not the prevailing party. The referee or Judge Pro Tern shall include such costs in his judgment or award. 8. Severability of Provisions. In the event any portion of this Agreement shall be declared by any court of competent jurisdiction (or any referee orjudge pro tern appointed as set forth above) to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts hereof shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement. 9. Governing Law and Intg=retation. This Agreement shall be governed by and interpreted under and in accordance with the laws of the State of California without regard for any conflicts of laws provisions thereof. This Agreement shall be interpreted as though fully 2992-745941 ?/I 111M)2 M:69A III IIIIIIII IN 111111111111111111111111111 4 of 8 I-IA1026980.4 negotiated and drafted by both parties equally. In the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 10. Notices. Notices, requests, demands, instructions, or other documents to be given hereunder to any party shall be effective for any purpose only when delivered personally or by overnight courier service to the person at the appropriate address set forth below, or sent by mail, as follows: If to ND LA QUINTA: ND La Quinta Partners, LLC 375 N. Front Street, Suite 200 Columbus, OH 43215 Attn: Brian J. Ellis With a copy to: Gina Ormond, Esq, c/o Nationwide Realty Investors, Ltd, 375 N. Front Street, Suite 200 Columbus, OH 43215 If to ASSOCIATION: The Hideaway Owners Association 8 1 - 100 Avenue 53 La Quinta, CA 92253 Attention: President With a copy to: Morgan, Lewis & Bockius 300 South Grand Avenue, Suite 2200 Los Angeles, California 90071 Telephone: (213) 612-2500 Facsimile No.: (213) 612-2554 Attention: Anthony Ciasulli, Esq. 11. EWire Agreemen . This Agreement constitutes the entire agreement between ND La Quinta and Association rclating to the Maintenance, the Irrigation Services and the easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by ND La Quinta and Association. 12. Bindin2 Nature of Agreemen . This Agreement shall be binding on and shall 2082-745941 3/2002 Qa: 99A 01 5 f 8 I -LA/626980,4 inure to the benefit of the successors and assigns of ND La Quinta and Association. IN WITNESS WHEREOF, the parties hereto have executed this Irrigation Agreement as of the date first set forth above. ND LA QUINTA PARTNERS, LLC, a Delawarc limited liability company By: Nationwide ReA Investors, Ltd., an Ohio limitd I bility any Its: ManaAtip emh� #TA 0 THE a Cal ar " in iform P" ' By: -A4 Bna j Ellis President and Chief Executive Officer 2992-745941 1211212062 EI IN I -LA/b26980.4 6 Brian J. Ellis President and Chief Operating Officer STATE OF CAL�F,�IA COUNTY OF ss: On IJV"J26�2002 before me, the uDArsigned, a Notary Public in and for said County and State, personally appeared oil <- p ersonally known to me (or 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. WITNESS my hand and official seal. SARAH BOOR BENNETT Nabify Public, State of Ohio My C01MMISSiDD Eipires 08.12-06 F o". -1. .-1 STATE OF CALIFqeNIA 6hl,� . COUNTY OF 7V;Va6d1-)7 .49a�3�Z��t Notary Public I - ss: On 1-&—M&20, 2002 before me, the u d d Notary Public in and for said County and State, personally appeared s:E E-111 5 personally known to me (or 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(ics), 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. WITNESS my hand and official seal. iAt Z' 0" OF SARAH BOOR BENNETT Notary Public, State of Ohio My Gorh*sian E)plres 08-12-06 Notary Public I/ I-LA/626980.4 21992-745941 1111 IN 1111111 N 11111111, 12/13/206208q)GA 7 of 8 EXHIBIT "A" TO IRRIGATION AGREEMENT Irrigation ProRert Common Area Lots A, B, D, E, F, G, H, 1, J, K, L through R, S, T, U, W, CC, DD, EE, FF, GG, HH, 11, JJ, KK, LL, MM, and NN, inclusive of Amended Tract No, 29894-2, as per map recorded in Book.�A�, Pages S�v through _ag_, inclusive of Maps, Records of Riverside County, California, and any other common area lots as defined in the Amended and Restated Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for The Hideaway, recorded on ZZ -13 - as Instrument No. / )4157�)� —,Official Records of Riverside County, Cali forma and any Amendmenti or Supplemental Declarations thereto. 2%2-745941 12/ 1 V2092 08 % Wn No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 CoachelK California 92236 DOC " 200a—n4aG84 07/21/2003 88:89A Fee:NC Page I of 51 Recorded In Offlclal Records COUntY of Riversld* Gary L. Orec Assessor, C�MtY Clerk 6 Recorder 1,1111, 1111111111111111111111111111111111111111111111 M S U FAGP SIZE DA nCM Sw �Spa A R L COPY L DOMESTIC WATER AND SANITATION SYSTEM INSTALLATION AGREEMEN THIS AGREEMENT is made on this 20th dayof June , 2003, for identification purposes only, by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, C'District") and ND LA QUINTA PARTNERS, LLC, ("Hideaway"). RECITALS I—AM-11 WHEREAS, Hideaway is developing a project ("Project") of approximately nine hundred forty (940) acres, including approximately eight hundred twenty (820) units ("Units"), one (1) clubhouse and one (1) maintenance building, located in portions of Sections 9 and 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, California, and described in Exhibit A and Exhibit B attached hereto and by this reference incorporated herein; and WHEREAS, said Project will require a domestic water distribution system and sanitation collection system and domestic water and sanitation service to each of the Units; and C0J1\eng\agrmnts\03\hideawaywater WHEREAS, said Project has fire flow requirements of two thousand two hundred fifty (2,250) gallons per minute (gpm), two thousand (2,000) gpm and one thousand seven hundred fifty (1,7SO) gpm for the clubhouse, maintenance building and the Units, respectively, for a two hour (2-hour) duration which exceeds the flow available from District's existing system; and WHEREAS, Hideaway is desirous of having District provide domestic water and sanitation service to said Project and is willing to transfer to District the domestic water distribution and sanitation collection systems necessary, therefore, after the construction thereof and District is willing to accept such transfer and to provide domestic water and sanitation service to said Project on the terms and conditions set forth herein; and WHEREAS, said Project will include perimeter landscaped parkways, landscaped median islands and three (3) 18-hole golf courses with water features and amenities and will require irrigation water service for purposes of the parkways, median islands, open common areas and golf courses. Except as otherwise set forth herein, the term "irrigation water" is intended to refer to canal water from the Coachella Branch of the All American Canal; and WHEREAS, said Project has a separate Irrigation Water Service Agreement dated May 16,2001. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I . Hideaway shall do the following for domestic water service: a. Execute District's Domestic Water and/or Sanitation System Installation Agreement ("Standard Agreement") for each tract within said Project in such form and content as set forth in Exhibit C attached hereto and by this reference incorporated herein as amended by District from time to time. In the event of any inconsistency or ambiguity between the terms of the Standard Agreement and this Agreement, the terms of this Agreement shall be controlling. 1111 Jill 1111-111684 07/21 �2063 08 � &GH 2 of 51 CO.jl\mg\agnnnts\03\hid�waywater b. Hideaway shall cause, at Hideaway's sole cost and expense, the City of La Quinta ("City") or District to act as lead agency for the purpose of complying with CEQA and all other applicable state and federal environmental laws for the design and construction of the domestic water facilities and/or sites designated herein. As part of its obligations to firrid the CEQA process, Hideaway shall prepare or cause to be prepared all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA. C. Prior to the design and construction of the well sites described in Subparagraph I.d. below, Hideaway, at its cost and expense, shall provide to District grant deeds for one (1) on -site pressure reducing/booster station site and fourteen (14) domestic water well sites at such locations approved by District, in District's sole and absolute discretion. The pressure reducing(booster station shall be approximately one hundred twenty five (125) feet by one hundred twenty five (125) feet in dimension. Said domestic water wells sites shall be approximately one hundred Efty (150) feet by one hundred fifty (150) feet in dimension. Hideaway shall ensurc that the pressure reducing1booster station site and well sites are free and clear of all monetary liens and encumbrances and that the transfers to District shall comply with the California Subdivision Map Act. A conceptual well location map is provided as Exhibit B-2. d. Pay to District the actual cost of the design and construction of two (2) wells and pumping plants complete with all necessary appurtenances. The two (2) wells and pumping plants may be constructed on two (2) of the above -mentioned well sites provided by Hideaway as determined by District in its sole and absolute discretion. Hideaway shall provide an irrevocable letter of credit acceptable to District or cash in the amount of seven hundred fifty thousand dollars ($750,000) per well to be used by District to pay the cost of each well and pumping plant complete with all necessary appurtenances including backup generator before water service is initiated to the Units within said Project in accordance with the schedule in Appendix A. Hideaway shall CO:JI\mg\ag�ts\03%ideawaywaw 3 pay to District any additional cost within thirty (30) days of being billed should the cost of design and construction of the well and pumping plants exceed the advance payment referenced herein. In lieu of Hideaway providing an irrevocable letter of credit or cash deposit in the amount mentioned above to be used by District to pay for the cost of the domestic water wells and well pumping plants, Hideaway, at District's option, may construct one (1) and/or two (2) domestic water wells at the well sites described in Subparagraph I.e. and Furnish and install the pump and motor in accordance with District specifications. All well, pump and motor materials and appurtenances shall be approved by District. The well, drilling, soil and water sampling, constructing, developing and testing shall be done under the direction of a District -approved hydrogeologist. All directions given by the hydrogeologist shall be subject to District approval. In conjunction with this option, Hideaway shall provide an irrevocable letter of credit acceptable to District or cash in the amount of seven hundred fifty thousand dollars ($750,000) less the bid amounts for the well drilling, pump and motor contracts to be used by District to pay for the cost of the well pumping plant facilities and appurtenances including backup generator power supply. Hideaway shall submit the contract documents for the well, pump and motor to District for review and approval prior to presenting them to contractors for bidding purposes. Before the domestic water wells are transferred to District, Hideaway shall have the domestic water wells tested for water production, specific yield, sand content and shall provide a warranty to District for the same. If the well production, specific yield or sand content is not to the satisfaction of District, Hideaway shall provide an irrevocable letter of credit acceptable to District or cash in the amount of three hundred thousand dollars ($300,000). E603-543684 07/21/2W3 so t O&A 111111 ON IIIIIII IIII IIIIIIII IIIIIIIII III hill 111111111 4 �f 51 CO.,jl\eng\ag�ts\03�hideawaywata C. Provide, at Hideaway's sole cost and expense, separate grading and landscaping plans for the one (1) on -site pressure reducing/booster station and fourteen (14) domestic water well sites, described in Subparagraph Le. The provisions of Paragraph 3 shall apply to the review and approval of the plans. After the grading and landscaping plans have been approved by District, Hideaway shall grade, construct and landscape the sites per the approved plans. f Provide, at Hideaway's sole cost and expense, electrical power to the one (1) on -site pressure reducing/booster station and fourteen (14) domestic water well sites of a voltage and wattage necessary for operation of the pressure reducing/booster station and domestic water wells described in Subparagraph I.e. 9- Provide, at Hideaway's sole cost and expense, telephone service connection capability for communication operation to the one (1) pressure reducingibooster station site and fourteen (14) domestic water well sites described in Subparagraph I.e. h. Design and construct an eight -foot (8') high perimeter wall, including 0 gates around the one (1) on -site pressure reducing/booster station and fourteen (14) domestic water well sites described in Subparagra'ph I.e., and provide exterior landscaping that is acceptable to both Hideaway and District. The design of the walls shall also include consideration of noise attenuation to maintain exterior noise levels to an acceptable ambient level for residential development while the pressure reducing station is in operation. The walls and landscaping shall be of the type and include such material as District shall determine, in District's sole and absolute discretion. The provisions of Paragraph 3 shall apply to the design and construction of the walls and landscaping. MEM i. Design and construct, at Hideaway's sole cost and expense, well site drainage and well discharge water facilities from the fourteen (14) domestic water well sites into local drainage facilities. Hideaway shall include drainage and well discharge CO.jl\eng\agmntsNO3�hidmwaywater water facilities design for District approval on grading plans described in Subparagraph Le. Hideaway shall be responsible for the operation and maintenance of the drainage and discharge facilities and agrees to accept said discharges. j. Design and construct, at Hideaway's sole cost and expense, a minimum of a twelve -inch (12") diameter domestic water pipeline, if one is not adjacent to the domestic water well sites, from a twelve -inch (12") diameter or larger domestic water pipeline and provide a twelve -inch (12") stub -out to each of the fourteen (14) domestic well sites described in Subparagraph I.e. k. Pay or cause a third party to pay or provide for the operation and maintenance of the landscaping facilities for the one (1) on -site pressure reducing/booster station and fourteen (14) domestic water well sites described in Section I.e., notwithstanding the fact that District shall be the owner of such improvements. Maintenance of the pressure reducing/booster station and domestic water well site's landscaping shall be in accordance with the requirements of District, as they may be amended from time to time. Hideaway will he responsible for the maintenance of the landscaping and exterior block walls, including repair of malicious damage and cleanup of graffiti on the exterior block walls. 1. Design and construct, at Hideaway's sole cost and expense, a building to house the on -site pressure reducing/booster station described in Subparagraph Ln. The design shall include a removable/retractable roof, ventilation and soundproofing. 'Me provisions of Paragraph 3 shall apply to the design and construction of the buildings. M. Design and construct a building, at Hideaway's sole cost and expense and option, to house the two (2) domestic water wells and appurtenances described in Subparagraph Ld. The design shall include a removable/retractable roof, ventilation and soundproofing. The provisions of Paragraph 3 shall apply to the design and construction of the buildings. 2083-543684 07/21/2083 W OOR 1111 IN 6 of 51 CO-.jl\eng\agmnm\03\hideawaywatff n. Design and construct, at Hideaway's sole cost and expense, one (1) on -site pressure reducing/booster station complete with all necessary appurtenances including one (1) booster pump with a capacity to supply four thousand (4,000) gpm, two (2) booster cans, piping, electrical conduits, meters, pressure reducing and pump control valves, telemetering controls and backup generator power. The booster station portion of the on -site pressure reducing/booster station shall be constructed to pump from the one hundred forty -five-foot (145') Cahuilla Pressure Zone to the two hundred thirty- five -foot (235') Lower La Quinta Pressure Zone. The pressure reducingibooster station shall be constructed on the on -site pressure reducing/booster station site provided by Hideaway described in Subparagraph I.e. The pressure reducing portion of the on -site pressure reducing/boostcr station shall be constructed to serve the one hundred forty-five-firot (145') Cahuilla Pressure Zone from the two hundred thirty -five-foot (235') Lower La Quinta Pressure Zone. Hideaway shall complete said on -site pressure reducing/booster station before water service is initiated by District to the Units within said Project in accordance with the schedule in Appendix A. 0. Design and construct, at Hideaway's sole cost and expense, to District MMM!! specifications, the following pipelines before water service is initiated by District to the Units within said Project in accordance with the schedule on Appendix A. The provisions of Paragraph 3 shall apply to the design and construction of the pipelines described herein and shown on Exhibit 13- 1. (i) An eigbteen-inch (18") diameter domestic water pipeline, for the two hundred thirty -five-foot (235') Lower La Quinta Pressure Zone, along a� Avenue 52 beginning approximately eight hundred (800) feet west of Jefferson Street at an existing stub -out connection, and extending from the existing stub to Jefferson Street and approximately two thousand three hundred feet (2,300') east of Jefferson Street along Avenue 52 and connecting to said Project's internal CO.j I\eng\agmnts\03\hideaway�ter domestic water pipeline system. (ii) An eighteen -inch (18") diameter domestic water pipeline, for the two hundred thirty -five-foot (235') Lower La Quinta Pressure Zone, that connects to said pipeline described in Subparagraph Lo_(i) and extends through said Project's internal and/or public street system, parallel to Avenue 52 to Madison Street. In conjunction with the eighteen -inch (18") pipeline, install a twelve -inch (12") domestic water pipeline perpendicular and north of Avenue 52 and connect to the existing La Quinta Polo Estates six-inch (6") pipeline on Vista Bonita Trail. (iii) An eighteen -inch (18") diameter domestic water pipeline, for the two hundred thirty -five-foot (235') Lower La Quinta Pressure Zone, that connects to said pipeline described in Subparagraph Lo.(ii) at Madison Street and Avenue 52 and extends south to Avenue 53, parallel to Madison Street, through said Project's internal and/or public street system and connect to the pressure reducing stationibooster station referenced in Subparagraph l.n., and said Project's internal domestic water pipeline system. (iv) An eighteen -inch (18") diameter domestic water pipeline, for the two hundred thirty -five-foot (235') Lower La Quinta Pressure Zone, that connects to the end of said pipeline described in Subparagraph Lo.(i) and extends through said Project's internal andior public street system parallel to Jefferson Street, from Avenue 52 to Avenue 53. (v) An eighteen -inch ( 18") diameter domestic water pipeline, for the !R0. one hundred forty -five-foot (145') Cahuilla Pressure Zone, parallel to Avenue 53 that extends from Jefferson Street to Monroe Street, through said Project's internal and/or public street sytern which connects to the pressure reducing station/booster station referenced in Subparagraph I.n., and to said Project's internal domestic water pipeline system. Co.jl\eng\agrmnts\03�hid�waywatff (vi) An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145') Cahuilla Pressure Zone, in Avenue 54 extending from Jefferson Street to an existing stub approximately 1,800 feet cast of Jefferson Street. (vii) An eigbteen-inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145') Cahuilla Pressure Zone, parallel to Jefferson Street that extends from Avenue 53 to Avenue 54 through said Project's internal and/or public street system and connects to said pipelines described in Subparagraphs I.o.(v) and Lo.(vi). I (viii) An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145) Cahuilla Pressure Zone, parallel to Madison Street that extends from Avenue 53 to Avenue 54, through said Project's internal arid/or public street system and connects to said pipeline described in Subparagraph l.o.(v) and an existing eighteen -inch (18") water main in Madison Street at E.— Avenue 54. (ix) An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145') Calmilla Pressure Zone, parallel to Avenue 52 beginning at Madison Street and extending cast approximately eight hundred fifty feet (850') through said Project's internal and/or public street system and connecting to said Project's internal domestic water pipeline system. W An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145) Cahuilla Pressure Zone, that connects to said pipeline described in Subparagraph I.o.(ix) and extends south to Avenue 53. (xi) An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145) Cahuilla Pressure Zone, that connects to said pipeline described in Subparagraph I.o.(x) and extends east approximately 1,900 CO,.jllcng\agmnts\03\hidmwaywatff 9 feet and connects to said Project's internal domestic water pipeline system. (xii) An eighteen -inch (18") diameter domestic water pipeline, for the one hundred forty -five-foot (145') Cahuilla Pressure Zone, parallel to Monroe Street that extends through said Project's internal and/or public street system from Avenue 53 to Avenue 54 and connects to said Project's internal domestic water pipeline system. P. Design and construct, at Hideaway's sole cost and expense, the internal domestic water pipelines as described and shown in the Hideaway hydraulic model dated June 2001 to meet said Project's fire flow and domestic water requirements. The provisions of Paragraph 3 shall apply to the design and construction of the internal domestic water pipelines. q. Acknowledges that pressures below sixty (60) psi at the meter are a result of existing site and/or design elevations and may not be adequate for specific units referenced in the hydraulic model dated June 2001 within the one hundred forty-five foot (145') Cahuiila Pressure Zone and are not District's responsibility. The specific units are adjacent to the following nodes shown on the map within the hydraulic model dated June 2001: J-6, J-7, J-18, J-27, J-29, J-30, J-44, J-45, J-48, J-63, J-67 and J-80. Have the individual and all subsequent home owners for the Units referenced above in Subparagraph Lq. within the one hundred forty -five-foot (145 1) Cahuilla Pressure Zone, acknowledge the reason for low water pressure and execute District's standard Domestic Water Low Pressure Acknowledgement in such form and content as set forth in Exhibit D. The Domestic Water Low Pressure Acknowledgement shall run continually with the property for subsequent home owners and shall be recorded. 20@3-543684 02,'2112003 08 G&F1 1111111111111111111111111111111111111111111111111111111 IN of 51 CO,.jl\cng\agnnnts\03\hideawaywatff 10 S. Hold District harmless if the Units referenced above in Subparagraph Lq. within the one hundred forty -five-foot (145') Cahuilla Pressure Zone may have water pressures below District standard design criteria of sixty (60) psi and incorporate the Domestic Water Low Pressure Acknowledgement and the lots where it is required into said Project's covenants, conditions and regulations (CC&Rs). t. Require and cause the individual lot owners to install a pressure regulating valve on each domestic water service within the boundaries of said Project. Notwithstanding the foregoing, Hideaway shall have the obligation to ensure installation of the pressure regulating valves. U. Complete in the required sequence, in accordance with the schedule in Appendix A, the fourteen (14) domestic water well sites, payment for two (2) domestic water wells and pumping plants (or construction of the two (2) well pumping plants if construction option described in Subparagraph Ld. is used), the one (1) on -site pressure reducing/booster station, and the pipelines described in Subparagraphs Lo. before domestic water service is initiated by District to the referenced Units in Appendix A ct� W:: within said Project. V. Immediately upon completion of the fourteen (14) well sites and pressure reducingfbooster station site described in Subparagraph I.e., Hideaway shall field review with a District representative the remaining visual and aesthetic impacts and agree to mitigate with, but not limited to, landscaping, walls, paint and/or decorative rock to District's satisfaction. Designs shall be reviewed and approved by District prior to construction. 2. Hideaway shall do the following for sanitation service: a. Execute District's Domestic Water and/or Sanitation System Installation Agreement ("Standard Agreement") for each tract within said Project in such form and content as set forth in Exhibit C attached hereto and by this reference incorporated herein, as amended by District from time to time. In the event of any inconsistency or CO.jl\cng\agnnnts\03�hideawaywater ambiguity between the terms of the Installation Agreement and this Agreement, the terms of this Agreement shall control- b. Hideaway shall cause, at Hideaway's sole cost and expense, the City or District to act as lead agency for the purpose of complying with CEQA and all other applicable state and federal environmental laws for the design and construction of the sanitation facilities and/or sites designated herein. As part of its obligations to fund the CEQA process, Hideaway shall prepare or cause -to be prepared all instruments, documents, reports and other like or kind writings required to be prepared and/or filed by CEQA. C. Design and construct, at Hideaway's sole cost and expense, to District's specifications a twenty -seven-inch (27") diameter gravity sewer pipeline from Madison Street to Jefferson Street, through said Project's internal and/or public street system, parallel to Avenue 53 and connect to District's existing sanitation system. The provision of Paragraph 3 shall apply to the design and construction of the gravity sewer line. d. Prior to the design and construction of the sanitary sewer lift station site described in Subparagraph 2.e., Hideaway, at its cost and expense, shall provide to W.- District a grant deed for one (1) sanitary sewer lift station site at such location approved by District in District's sole and absolute discretion. The sanitary sewer lift station site shall be approximately one hundred fifty feet (150') by one hundred fifty feet (150') in WNEOR dimension. Hideaway shall ensure that the sanitary sewer lift station site is free and clear of all monetary liens and encumbrances and that the transfer to District shall comply with the California Subdivision Map Act. e. Design and construct, at Hideaway's sole cost and expense, to District's specifications a sanitary sewer lift station site including the design and construction Of eight -foot (8') walls and landscaping at a location within said Project near the southeast comer of said Project of a size approved by District. Said site shall be approximately CO.jl\cng\agmnts\03\hidmwaywatcr 12 one hundred fiftY feet (150') by one hundred fifty feet (150') in dimension. The provisions of Paragraph 3 shall apply to the design, construction and installation of the walls and landscaping. f Design and construct, at Hideaway's sole cost and expense, to District specifications a sanitary sewer lift station on the sanitary sewer lift station site described in Subparagraphs 2.d., and 2.e., and an eight -inch (8") diameter sanitary sewer force main from the lift station through said Project's internal and/or public street system to the Madison Street sewer main. In addition, install an eight -inch (8") diameter gravity sanitary sewer stub from the lift station to Monroe Street. The provisions of Paragraph 3 shall apply to the design and construction for the lift station and force mains. The sanitary sewer lift station site and lift station referenced in Subparagraphs 2.d., 2.c., and 2.f., will not be required if an existing sanitary sewer connection is available in Monroe Street at Avenue 54, If this option is selected, Hide -away may be required to fund a portion of an off -site sewer in Monroe Street. 9. Design and construct, at Hideaway's sole cost and expense, the internal sanitary sewer system to meet said Subdivision's discharge requirements. The provisions of Paragraph 3 shall apply to the design and construction of the internal sanitary sewer system. 3. The following shall apply to the design and construction of the domestic water and sanitation facilities: a. For each improvement or facility (including landscaping), Hideaway is required to design, the following provisions shall apply: (i) Hideaway shall employ, at its sole expense, a qualified professional engineering firm CHideaway's Engineer") to plan, design and prepare detailed construction plans and specifications for the improvement in fill] and complete accordance with District's design criteria and standards. Hideaway's Engineer shall complete the design and detailed construction plans and specifications and CO.,jl\eng\agnnnts\03%id�waywat� 13 the same shall be submitted to District as set forth below. All such planning and design work and detailed construction plans and specifications performed and prepared by Hideaway's Engineer shall be subject to review and written approval by District prior to the beginning of any construction of the specific improvement. District shall approve or disapprove the constraction plans and specifications within a reasonable amount of time afler submittal to District. In the event District disapproves the plans and specifications, Hideaway shall modify the plans and specifications in accordance with the reasons given for disapproval and shall within thirty (30) days after disapproval by District submit the revised construction plans and specifications to District for approval or disapproval. The foregoing procedure shall be continued until the construction plans and specifications have been approved by District. HIDEAWAY HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT DISTRICT MAY APPROVE OR DISAPPROVE OF DEVELOPER'S PLANNING AND DESIGN WORK AND/OR PLANS AND SPECIFICATIONS, IN ITS SOLE AND ABSOLUTE DISCRETION. All cost and expense of District's review (including, but not limited to, District's agents, employees and independent contractors) shall be deducted from the Deposit (as defined in Subparagraph b(ii)(x) below). Hideaway represents that the plans and specifications will conform to all applicable federal, state and local governmental rules, ordinances and regulations, and all applicable environmental protection laws. Hideaway's submission of the plans and specifications to District shall evidence Hideaway's representation and warranty to District that the plans and specifications are to the best of Hideaway's knowledge, after due inquiry, complete, accurate, workable and are in compliance with all governmental requirements with respect thereto. b. For each facility Hideaway is to construct and/or install, the following provisions apply: 2803-543684 87/21/2fM3 WSTI 1111111111111111111111111111111111111111 ill IIIIII Ill 1111 14 of 51 C0JMng\agmnts\03\hidea�ywater 14 (i) Following receipt of District's approval of the design and construction plans and specifications for each improvement: A. Hideaway shall employ, with written concurrence of District, a qualified and properly licensed Contractor or Contractors (hereinafter referred to collectively as "Hideaway's Contractor") to construct and complete the improvement. B. Once construction and/or installation of the improvement has commenced, Hideaway shall diligently prosecute the same to completion at no cost or expense to District in conformance with the laws, rules and regulations of all governmental bodies and agencies. C. Hideaway shall directly pay all costs associated with the construction of the improvements, (and each of them), including but not limited to, furnishing of materials, and Hideaway shall keep District free and harmless ftom such costs. D. Each improvement shall be installed in strict compliance with the plans and specifications. Any deviations from the approved plans Z.— and/or specifications must be approved by District, in writing, prior to being made. E. Hideaway hereby irrevocably appoints District to inspect S.- the furnishing and installation of the improvement. It is understood and agreed that District's inspection personnel shall have the authority to enforce the construction plans and specifications, which authority shall include requiring that all unacceptable materials, workmanship and/or installation be replaced, repaired or corrected by Hideaway's Contractor. All reasonable cost and expense of District's inspection (including, but not limited to, District's agents, employees and independent contractors) shall be deducted from the Deposit (as defined in Subparagraph b(ii)(x) below). CO.jl\mg\agrmnts\03\hideawaywater 15 District's inspection does not include inspection for compliance with safety requirements by Hideaway's Contractor. Any inspection completed by District shall be for the sole use and benefit of District, and neither Hideaway nor any third party shall be entitled to rely thereon for any purpose. District does not undertake or assume any responsibility for or owe a duty to, select, review or supervise the creation of the improvement. F. Hideaway's Engineer shall provide to District all field engineering surveys associated with the construction of the improvement at Hideaway's sole cost and expense. Hideaway shall promptly fumish to District all field notes and grade sheets, together with all location, offset, and attendant data and reports, resulting from Hideaway's Engineer's field engineering surveys and/or proposed facility design changes, all of which have been prepared in accordance with generally accepted engineering practices, and allow District sufficient time to approve or make any required facility design changes resulting therefrom prior to construction. Any inspection or review pursuant to this subparagraph shall be for the sole use and benefit of District, and neither Developer nor any third party shall be entitled to rely thereon for any purpose. (ii) Before any construction of an improvement begins, Hideaway, at its sole cost and expense, shall furnish to District easement document(s), satisfactory to District as to content, form, location and width, which have been duly executed by the property owner(s) and which assure District's unequivocal right to own, operate, maintain, replace, repair, enlarge, reconstruct, remove and improve the improvement. Hideaway shall ensure that all deeds of trust and mortgages are subordinated to the easements set forth in this Subparagraph (b). (iii) Hideaway's Contractor shall be required to repair the improvement which has been damaged by any party prior to District's final acceptance of the CO.,jl\eng\agnnnts�03\hidmwaywata 16 improvement (or any of them) covered hereby. The final acceptance shall follow final inspection and testing of such improvement after completion of the improvement at issue. Hideaway specifically agrees to make or require Hideaway's Contractor to make corrections and/or repairs prior to final acceptance determined to be necessary by District inspection personnel, without cost to District, and to provide a one-year (following date of final acceptance by District) materials and workmanship guarantee providing that Hideaway's Contractor will repair, at its or their expense, all failures of any improvement which was furnished, installed and/or constructed due to faulty materials or installation, within said one-year period. In the event Hideaway or Hideaway's Contractor fails to cause satisfactory repair, as determined by District, within forty-eight (48) hours after written notice or such longer period of time as District may reasonably 's determine, District may cause such repairs to be completed at Hideaway cost and expense. Notwithstanding the above -provided -for forty-eight (48) hour or other specified repair period, District shall have the unqualified right to immediately make any emergency repairs necessary to eliminate any threat to the public's health, safety or welfare, at Hideaway's cost and expense. Nothing in this subparagraph shall limit or abrogate any other claims, demands or actions District may have against Hideaway or Hideaway's Contractor on account of damages sustained by reason of such defects, nor shall the provisions of this paragraph limit, abrogate or affect any warranties in favor of District which are implied by law or set forth in any construction agreement. (iv) Hideaway shall, upon request by District, furnish District with such information as Hideaway possesses or has available to it from any consultants, engineers, contractors or other persons engaged by or under the control of Hideaway relating to the environmental assessment relative to the creation of the improvements covered by this Agreement. In this regard, nothing herein CO:j1\mg\ag=nts\03%dMWaywater 17 contained shall be construed or interpreted to require District to take or participate in any legal action for the purpose of securing approval for the improvement. (v) Hideaway shall assume the defense of, indemnify and hold harmless District and its officers, directors, administrators, consultants, engineers, employees and agents, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put, by reason of, or resulting from, this Agreement and the design, engineering and construction of the improvement. No provision of this Agreement shall in any way limit the extent of the responsibility of Hideaway for payment of damages resulting from its operations or the operations of any of its contractors, engineers, agents or employees. Hideaway further covenants and agrees to pay, or to reimburse, District, its agents, employees, engineers, consultants, officers, directors and administrators, for any and all costs, attorneys' fees, liabilities or expenses in connection with the investigating, defending against or otherwise in connection with any losses, claims, damages, liabilities, expenses or actions, arising out of or in connection with Hideaway's obligations pursuant to this Agreement, except liability arising through the sole negligence or willful misconduct of District, its agents, employees, engineers, consultants, officers, directors and administrators. District shall have the right, at Hideaway's expense, to commence, to appear in or to defend any action or proceeding arising out of and in connection with the Agreement, and in connection therewith, may pay all necessary expenses if Hideaway fails upon reasonable notice to so commence, appear in or defend any action or proceeding with counsel reasonably acceptable to District. Hideaway shall be fumished with copies of bills relating to the foregoing upon request. (vi) Prior to the release of the construction plans for the domestic water, sanitation and irrigation facilities, Hideaway shall furnish to District an CO.jl\eng\agrmnts\03\hideawaywatu 18 irrevocable letter of credit ("LO( ... ) or a certificate of deposit ("CD-) from a bank or savings and loan located and doing business in the State of California and acceptable to District, naming District as sole beneficiary with the exclusive fight of withdrawal according to the following: in the amount of two thousand dollars ($2,000) or five percent (5%) of the amount of each construction contract for the domestic water, sanitation and irrigation facilities, whichever is greater, as security for the purpose of guaranteeing the completion of construction; said security shall provide that District has the absolute fight five (5) days after the mailing of a written notification to Hideaway by certified mail at Hideaway's address herein to draw all or a portion of the funds represented by the security as may be necessary to complete construction, including administrative and all other costs for each of the domestic water, sanitation and itTigatilon facilities; each LOC or CD shall be issued or delivered, on a case -by -case basis, for each contract based on the construction required as outlined in the applicable Appendix attached hereto; said security, less draws, if any, will be returned to Hideaway, on a case -by -case basis, upon acceptance of each of the domestic water, sanitation and irrigation facilities, meaning that the LOC or CD shall be released for each contract as the facility covered by the contract is accepted by District. A preconstruction conference shall be held with District and the contractor prior to start of construction. (vii) Hideaway shall carry and maintain, at Hideaway's sole cost and expense, until all of the improvements and/or facilities have been installed or completed, not less than the following coverage and limits of insurance which shall be maintained with insurers and under forms of policies satisfactory to District: 2%3-543684 is of 51 CO:jl',eng\agnnnts\03\hideawaywater 19 A. Worker's Compensation and Employee's Liability: (1) State Worker's Compensation - coverage as required by law. (2) Employer's Liability with limits of at least $ 1,000,000 per occurrence. B . Automobile Liability for Bodily Injury and Property Damage - $5,000,000 per person, $ 10,000,000 per occurrence. C. General Liability for Bodily Injury and Property Damage - $5,000,000 per person, $10,000,000 per occurrence. These policies may contain an aggregate limit not less than the occurrence limit. The required limits may be satisfied by a combination of a primary policy and an excess or umbrella policy. (viii) A. All insurance required pursuant to the express provisions of this Agreement shall: (1) Provide that coverage shall not be revised, cancelled or reduced until at least thirty (30) days written notice of such cancellation shall have been given to District. (2) Be issued by insurance companies which are qualified to do business in the State of California and which have a rating satisfactory to District and by such rating service as shall be MEM! reasonably acceptable to District. (3) Be reasonably satisfactory to District in all other reasonable respects. B. The policies required pursuant to this Agreement or a certificate of the policies, together with evidence of payment of premiums, shall be provided to District prior to the commencement of any term of this CO.jl\eng\agnnnts\03\hid�waywata 20 Agreement. C. The general liability insurance to be maintained by Hideaway pursuant to this section above shall: (1) Name District as an additional insured; (2) Apply severally to Hideaway and District; (3) Cover Hideaway and District as insureds in the same manner as if separate policies had been issued to each of them; (4) Contain no provisions affecting the rights which either of them would have as claimants if not so named as insureds; (5) Be primary insurance with any other valid and collectible insurance available to the aforesaid additional insureds constituting excess insurance, and each policy shall be endorsed substantially as follows: "The insurance afforded by this policy to District shall be primary insurance and other valid and j, collectible insurance available to District shall be arm. — excess insurance and, under no circumstances, shall be considered contributory." (ix) Upon completion of the improvements (or any of them), Hideaway shall notify District of such completion, in writing, and cause contractors and all subcontractors and materialmen to provide lien and material releases. (x) Concurrently with Hideaway's execution of this Agreement, Hideaway shall deposit with District the sum of two thousand dollars ($2,000) ("Deposit"). The Deposit shall be held by District for all costs and expenses of District arising out of or in connection with the review of plans and specifications, engineering, surveys, field notes and grade sheets, inspections of the improvements and any matter related to or arising out of the same. Hideaway CO.ji�eng\agnnnts�03\hideawaywatff 21 hereby authorizes District to use, apply or retain all or any part of the Deposit to offset its costs and expenses related to the foregoing duties. District shalt not be required to keep the Deposit separate from its general funds, and Hideaway shall not be entitled to interest on the Deposit. If there are any funds left in the Deposit after the completion or acceptance of the improvements, such excess shall be returned to Hideaway within thirty (30) days following completion and acceptance of the improvement. If further funds are necessary, Hideaway shall, within thirty (30) days after written demand therefor, deposit cash with District in an amount which District considers sufficient to pay for the costs and expenses to be included hereunder. (xi) Upon completion of the improvements (or any of them) by Hideaway and/or Hideaway's contractor and completion of final inspection, testing and written assurance thereof by District, Hideaway shall execute a bill of sale ("Bill of Sale") in the form and content acceptable to District. The Bill of Sale shall convey title to each improvement to District at no cost and expense to District. Each improvement shall be transferred to District free and clear of all liens and encumbrances. NOW 2�� 4. District shall do the following for domestic water service: a. Construct two (2) domestic water wells and pumping plants, including MWO on -site back-up generators, complete with necessary appurtenances on two (2) of the fourteen (14) domestic well sites proved by Hideaway in Subparagraph I.e., in accordance with the schedule on Appendix A. Each well will be operational within one (1) year of the date of Hideaway providing the necessary advance payments; however, District shall not be liable for the failure to meet this schedule and Hideaway hereby waives and releases, indemnifies and holds District and its officers, directors, employees, agents, successors and assigns harmless from all debts, liabilities, CO-,jl\eng\agnnnts\03\hid�waywater 22 obligations, costs, expenses including, but not limited to attorneys' fees, damages, claims, actions or causes of action arising out of or in connection with the failure to complete the well improvements within one (1) year of the date Hideaway providing the necessary advance payments. b. Provide the fire flow of two thousand two hundred fifty (2,250) gallons per minute (gpm), two thousand (2,000) gpm and one thousand seven hundred fifty (1,750) gpm for the clubhouse, maintenance building and residential homes, respectively, for a 2-hour (2) duration to said Project subject to Hideaway constructing the one (1) on -site pressure reducing/booster station, payment for two (2) well pumping plants (or construction of the two (2) well pumping plants if construction option described in Subparagraph I.d. is used), fourteen (14) domestic we[] sites and all domestic water pipelines subject to circumstances within the control of District. Said fire flow shall not be available prior to the completion of the one (1) on -site pressure reducing/booster station, all domestic water pipelines, and payment for two (2) well pumping plants (or completion of the two (2) well pumping plants if construction option described in Subparagraph I.d. is used) in accordance with the schedule in Appendix A. C. Consider one hundred (100%) percent of the actual cost, exclusive of engineering, inspection and surveying, of the one (1) on -site pressure reducing/booster station, two (2) well and pumping plants and pipeline described in Subparagraphs Ld., I.n., Lo.(i), the 12-inch pipeline in I.o.(ii) and the 18-inch pipeline in 1.0. (vi), respectively, as credit in full for the Dwelling Unit Charge of the Water System Backup Facilities Charge less the Supplemental Imported Water Supply Component at the charge in effect on the day each facility is placed into service in District's system for said Project. No refiind or transfer of this credit will be made outside said Project. Should the cost of constructing the well and pumping plant be less than the advance CO:jl\t:ng\agmnts\03\hideawaywatu 23 payment described in Subparagraph IA, excess deposits monies shall be refunded to Hideaway. d. In the event the construction costs for the one (1) on -site pressure reducing/booster station, two (2) well and pumping plants and pipeline described in Subparagraphs I.d., Ln., Lo.(i), the 12-inch pipeline in Lo.(ii) and the 18-inch pipeline in 1.0.(vi), respectively, determined above exceed the Dwelling Unit Charge of the Water System Backup Facilities Charge, less the Supplemental Imported Water Supply Component for said Project, District will not pay the additional construction costs for the one (1) on -site pressure reducing/booster station, two (2) well and pumping plants and pipeline described in Subparagraphs 1A, l.n., I.o.(i) and the 12-inch pipeline in Lo.(ii), respectively. 5. District shall do the following for sanitation service: a. Consider the difference in construction cost, exclusive of engineering, inspection and surveying between an eight -inch (8") diameter gravity sewer pipeline and a twenty-seven inch (27") diameter gravity sewer pipeline for the twenty -seven- inch (27") diameter sewer pipeline described in Subparagraph 2.c. as credit toward the Collection Trunk System Component of the Sanitation Capacity Charge at the charge in effect on the day the pipeline is placed into service in the District's system. No refund of this credit will be made outside said Project. b. In the event the actual difference in construction cost between an eight - inch (8") diameter gravity sewer pipeline and a twenty -seven-inch (27") diameter gravity sewer pipeline, exclusive of engineering, inspection and surveying, for the twenty-seven inch (27") diameter sanitary sewer pipeline described in Subparagraph 2.c. exceeds the Collection Trunk System Component of the Sanitation Capacity Charge, District will not pay the additional construction costs. 2603-543684 97/21/2063 GO GOA 111111111111 ME 111111111111111111111111111111111111 P.4 of 51 COJ heng\agnnn ts\03\hideawaywater 24 C. Determine the cost of the pipeline subject to consideration, based on Hideaway providing three (3) bids prior to the start of construction to District. District will review and approve these bids as a basis of costs. 6. The following general provisions shall also apply: a. Hideaway shall not assign its rights nor delegate its duties hereunder to any person or entity without the express written consent of District, which consent may be withheld in District's sole and absolute discretion, and any assignment or delegation without such consent shall be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the assigns, successors and representatives of the parties. b. All notices provided for hereunder shall be in writing and mailed (registered or certified, postage prepaid, return receipt requested), or by express carrier (return receipt requested) or hand delivered to the parties at the addresses set forth below or at such other addresses as shall be designated by such party and a written notice to the other party in accordance with the provisions of this section. All such notices shall, if hand delivered, or delivered by express carrier, be deemed received upon delivery and, if mailed, be deemed received three business days after such mailing. DISTRICT: Coachella Valley Water District Attention: Steve Robbins, Interim General Manager -Chief Engineer Post Office Box 1058 Coachella, California 92236 THE HIDEAWAY: ND La Quinta Partners, a Delaware Limited Liability Company Attention: John Gamlin 81-100 Avenue 53 La Quinta, California 92253 CO:jll,cngNagnnnts�03\hideawaywatff 25 parties, oral or written, and any and all amendments thereto- Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the parties to be charged. d. In the event of any litigation or other action between the parties arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to its reasonable costs and attomeys' fees. e. The invalidity or illegality of any provisions of this Agreement shall not affect the remainder of this Agreement. f. Each party hereto agrees to execute and deliver such other documents and perform such other acts as may be necessary to effectuate the purposes of this Agreement. 9. The captions contained in this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement or limit or amplify any of its terms or provisions. h. This Agreement is entered into within the State of California, and all questions concerning the validity, interpretation and performance of any of its terms or provisions or any of the rights or obligations of the parties hereto shall be governed by and resolved in accordance with the laws of the State of California, I. Should public funds be used in the construction of any particular domestic water or sanitation facility at any given time, require that any contractor under its employ for the construction of such facilities shall comply with the provisions of the am—_ Labor Code of the State of California regarding prevailing wages, minimum wages, the 8-hour workday and 40-hour week overtime, Saturday, Sunday and holiday work; and OWN nondiscrimination because of race, color, national origins, sex or religion. j. Subject to the obligations of Hideaway set forth herein, upon accepting title to the domestic water and sanitation systems and facilities described above in this CO:jl',mg\agnnnts\03\hidmwaywata 26 8-hour workday and 40-hour week overtime, Saturday, Sunday and holiday work; and nondiscrimination because of race, color, national origins, sex or religion. j. Subject to the obligations of Hideaway set forth herein, upon accepting title to the domestic water and sanitation systems and facilities described above in this Agreement, District shall assume all rights and obligations of ownership including, without limitation, the operation of the system at no further cost to Hideaway. k. Wbenever in this Agreement the approval or consent of District is required, or some other action is required to be undertaken by District, as a condition to the commencement of work or consummation of some other event, District shall act in a timely and reasonable manner in taking such action or in its consideration of such approval Or consent. PLEASE ATTACH APPROPRIATE NOTORIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTORIAL CERTIFICATES COACHELL VAL1,'Y WAT ISTRIC By: Steve Robbins Genera & Man?nCh&:-x-gineer ND LA QUINTA PARTNERS, LLC By: k6 614041 &h?T&1vA6f$ , tit )4 qAtvok 'W40,1. W By: Dated: a 2&03-543684 1111111110 UP 111111111111111111111111111111 IN 67/21/2903 as of) 2? of 51 CO.'jl\eng\agmnts\03\hidea�ywatff 27 STATE OF —)SS COUNTY OF On W.J 20AM3 , before t W0145 personally appeared AF;Aw A. W's . F4 I#J. Nsuiodijan of -jiwjoNijjjej&&*j1j0M&ofia111y known to me(or 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. WrTNESS my hand and official seal. 7hls area for official notarial seal Signatu REGINA RHOADS ORMOND ADM* at Lav My Commission WIM Public. SM of Ohio Expires: MY Cmnn*ft Hu No Eglialiun SWUM 147.03 R.C. 0 2083-543684 87�21/2003 08 1 GWI 11101111111 IN 28 of 51 STATE OF CALIFORNIA County of Riverside On June 20, 2003, before me, Grace Barraqan, Notary Public, personally appeared Steve Robbins ----------------------------------------------- W personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the inst rum ent. WITNESS ln _y._4�Lnd and official seal. ,3� GRA�CE PARRACAN Notary Public - Cgiffomis Rive�,da county r %MY C�. E)Oms Jan 28,2006 AL(' ��a4 a*-� Signature of Notary 0 BY SIGNER: Individual ( ) Attorney -In -Fact Partner(s) ( ) Subscribing Witness Trustee(s) ( ) Guardian/Conservator W Corporate ( ) other: Officer: General Manager -Chief Engineer SIGNER IS REPRESENTING: Coachella Valley Water District Title or type of Document: Domestic Water and/or San,itation System Installation Agreement with ND La Quinta Partners, LLC (The Hideaway). 2903-543684 /2003 08: 8orl 29 Of 51 ILLEGIBLE NOTARY SEAL DECLARATION (GOVERNNMNT CODE 27361.7) certify under penalty of perjury that the notary seal on the document to which Us statement is jached reads as follows: Name of Notary GRACE BARRAGAN Commission No. 1336966 Date Commission Expires January 28, 2006 Date and Place of Notary Exccutibn'�U;"- W Date and Place of This Dec] RFC-91-060008 Coachella, CA --qhAtv Sig "at re Coachella Valley Water District Firm Name (if any) 2003-543684 W/21/2603 08 � 66H 111111 ME 11111111111111111111111 IN 111111111 30 of 51 APPENDIX A (maps attached for reference) Construction of the facility described under Item (a) must be completed before Facilities Reference water service is initiated to the Item (a) following units. Well Site No. I I.e. I Well and Pumping Plant No. I with backup, generator I.d. I Well Site No. 2 Le. I Construct Pressure Reducing/Booster Station I.n. 250 Construct 18-inch pipeline (235-foot zone) Lo.(i) I Construct 18-inch pipeline (235-foot zone) Lo.(ii) Construct 18-inch pipeline (235-foot zone) Lo(iii) Construct 18-inch pipeline (235-foot zone) I.o,(iv) Construct 18-inch pipeline (145-foot zone) 1.0.(V) Construct 18-inch pipeline (145-foot zone) 1.0.(Vi) Construct 18-inch pipeline (145-foot zone) 1.0.(Vii) Construct 18-inch pipeline (145-foot zone) 1.0.(Viii) Construct 18-inch pipeline (145-foot zone) 1.0.(ix) Construct 18-inch pipeline (I 45-foot zone) 1.0. (X) Construct 18-inch pipeline (145-foot zone) 1.0.(Xi) **As development progresses and/or to meet fire flow requirements. 2993-543684 07/21/2003 08 %n 11111111 loll 11111111111111111111111111111 IN 31 of 51 CO.*jl\mg\aE,mnts\02\hideawaywater I APPENDIX A - Continued (maps attached for reference) Construction of the facility described under Item (a) must be completed before water service is Facilities Reference initiated to the Item (a) qithnamcmanh followin2 units. Construct 18-inch pipeline (145-foot zone) 1.0.(Xii) Well Site No. 3 I.e. 50* Well Site No. 4 I.e. 100* Well Site No. 5 I.e. I so* Well Site No. 6 I.C. 200* Well Site No. 7 I.e. 250* Well Site No. 8 Le. 300* Well Site No. 9 I.e 350* Well and Pumping Plant No. 2 with backup generator Ld 525* Well Site No. 10 I.e 400* Well Site No. I I Le 450* Well Site No. 12 I.e 500* Well Site No. 13 I.e 550* Well Site No. 14 I.e 600* * Well sites are a function of acreage and not units. Well sites will be dedicated even if ultimate units are not reached. **As development progresses andJor to meet fire flow requirements. 2083-543684 07/21/2993 08: @Qf1 IIIII IN 1111 32 of 51 CO.j1\mg\agrmnts\02\hid�waywatff 2 EXHIBIT A LEGAL DESCRIPTION 20@3-543684 07/21/2QN3 08 &W IIII IN 33 f 51 EXHIBIT"A" THOSE PORTIONS OF SECT70NS 9 AND 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO ?�IERIDIAN, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. SECTION 9, TOGETHER WITH THE ATST HALF OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF SECTION 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST; EXCEPTING THEREFROM THAT PORTION OF SECTION 9 LYING WESTERLY OF THE EASIE RLY RIGHT OF WAY LINE OF JEFPERSON STREET; ALSO EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 9 LYING NORITPYVESTERLY OFTHE SOUTHEASTERLY RIGHT OF WAY LINE OF THE COACHELLA CANAL. " v 1�66V M IC ARCH 31, 2004 2003-543684 07/21/2903 08 ElOR 111111111111111111111111111 Ill 34 of 51 EXHIBIT B PROJECT LOCATION MAP 2@93-543684 1111 lip III m 11111111111 &7/21/2&83 08 � Np 35 of 51 EXHIBITU COUNTY CLUB OF THE DESERT SKETCH TO ACCOMPANYLEa4L DEScMPT70N (EKHtsrrA,) A 7-TACHED HERETOAND MADEF A PAR rHeiEoF jEf=f=EF:tSC)N STREET N 02'10'44" W 3806,77' -N B9-54 1 51 1. E 51.90' R-527,46 L- 381.61 Ton-199.59 Delto=41'27'09" PC, lei, il< MADISOI�, STREET (UN -IMPROVED) > N 00'06'27" E 2614.76' < z 1111-14111 lig gil lio I ill lit It il� It 1 36 f 51 EXHIBIT B-1 PIPELINE LOCATION MAP 11111 Jill 1111 2863-543684 :37 W' 51 I Exhibit "B-1" EXHIBIT B-2 CONCEPTUAL WELL LOCATION MAP 2003-543684 07,'21/26&3 68; WI 111111 oil 111111 It 1111110 1111ol IIII 11111111111111 39 df 51 10 EXHIBIT C DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AGREEMENT 2603-543684 9�/21/2@03 08 808 IN 41 of 51 No Recording Fee Required Per Goverriment Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO COACHELLA VALLEY WATER DISI RICT Post Office Box 1058 Coachella, California 92236 (Space above this line for Recorder's Use) DOMESTIC WATER AND/Oft SANITATION SYSTEM INSTALLATION AGREEMENT THIS AGREEMENT is made on this __ day of by and between the COACI IELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its headquarters at Coachella, Cali fornia, hereinafter designated as "District" and located at hereinafter designated as "Subdivider." WHEREAS, Subdivider is developing a subdivision of -lots located in tile quaricr of Section _, Township ___ South, Range ____ East, San Bernardino Meridian, and has fileda Tentative Subdivision Map with the Planning Commission of the County/City of which teivative subdivision has been designated as Tract No. hereinafter designated "Subdivision" and described on Exhibit A; and WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and doinestic water service and/or samla(ion service to each of said lots; and WHEREAS, Subdivider is desirous of having District provide domestic water and/or sanitation service to said Subdivision and is willing to transfer to District tile water distribution system and/or sanitation system necessary therefor after the construction thereof and District is willing to accept such 2993-543684 &?/2 1/2663 90 �9, IN 42 of 51 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I � Subdivider will comply with District's "Regulations Governing Domestic Water Service," "Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for Domestic Water Systems and/or Sanitary Sewer Systems" as the same may be amended from time to time, tile provisions of which are incorporated herein by reference. 2. Tile domestic water system andfor sanitation system to serve said Subdivision shall be constructed in accordance with District's "Standard Specifications for the Construction of Domestic Water Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such speci fications and construction plans prepared by Subdivider and which shall be approved by District prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the water meter to the individual lots, The sanitation system shall include manholes, pipelines, house laterals, pump stations, and appurtenances. 3. The Contractor employed by Subdivider to construct the domestic water system and/or sanitation system shall be licensed by the State of California for these types of construction and in addition shall be apprm,ed by District for such purpose. 4� Tile entire cost of tile construction of the domestic water system and/or sanitation system shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the end that the domestic water system and/or sanitation system facilities are constructed and installed pursuant to this agreement in accordance with the approved plans and specifications. This inspection is not for the purpose of deterrinfling installed footage of water or sewer pipeline or for compliance by the Contractor with safety requirements, 5. Prior to the release of the improvement plans for the domestic water system and/or sanitary sewer system Subdivider shall furnish to District the following: a- Bill of Sale for conveyance of the domestic water system and/or sanitation system. b. Any and all Deed(s) of Easement or Grant Deed(s) to any rights -of -way or other real 2903-543684 ,,1,P2@83 98 66A 1 �Jpj jj�jjj ijjjj� �ji� ji Ili 111111111111 43 ot tl d. Ali irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of S2,000 or five percent of the amount of the construction contract(s), whichever sum is greater, as security for the purpose of guaranteeing the completion of construction as provided in paragraphs 6 and 7 herein. Said security shall provide that District has the absolute right five days after the mailing of a written notification to Subdivider by certified mail at Subdivider's address herein to draw all or a portion of the funds represented by the security as may be necessary to complete construction, including administrative and all other project costs or to secure compliance with the provisions of Paragraphs 6 and 7. Said security, less draws, if any, will be returned to Subdivider upon acceptance of the domestic water system and/or sanitation system by District. 6. Prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by Distlict, whichever occurs first, Subdivider shall Furnish to District and/or comply with tile following: a. Pay all Water System Backup Facilities Charges and/or Sanitation Capacity Charges as may be applicable. 1). As to any water well developed by Subdivider for golf course irrigation or other purposes in connection with said Subdivision, execute a separate well -metering agreement with District. Said agreement will be mailed to Subdivider by District. Section 3 1638.5 of Chapter 7, Part 6 of Division 12 of tile Water -Codes states that: "It shall be unlawful to produce water fin excess of 25 acre feet per yearl.uniess tile well or other water producing facility producing such water shall have a water -measuring device [Meter] affixed thereto which is capable of measuring and registering the accumulated amount of water produced." C. Upon execution of a well -drilling contract, for the golf course irrigation well as described in Subparagraph 6.b. above, notify District of intent to drill said well, the require(] meter size, and upon completion of the well shall install a meter and pump discharge manifold according to District specifications, at Subdivider's expense. In the event that the meter installation and pump 2693-543684 111111 loll a 1111 liali 11 oul 11111 0?121 1�83 as . Beo .4 F bi A fict completion Of the meter installation District will, at District's expense, obtain a hydraulic pump test on the well for determining any meter correction factors. District employees and agents shall at reasonable times over lands owned by Subdivider on which said well is located, have the right of ingress and egress. District will own, operate, maintain, and replace said meter at District expense. District will read said meter at periodic intervals and make such readings available to Subdivider if sorequested. Subdivider agrees that District may obtain copies of cuff ent and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. d. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider, I ) Grading plans of the site(s) for District approval. After the grading plans have been approved by District, grade site(s) in accordance with approved plans, 2) Plans for perimeter walls and exterior landscaping for District approval. After the plans have been approved by District, con struct the walls and landscaping in accordance with the approved plans. The design of the walls shall include consideration of noise attenuation to maintain exterior noise levels for residential development while the well or lift station is in operation. Said perimeter walls shall be installed prior to District providing service. 3) Provide cleciffcal power of a voltage and wattage necessary for the well or lift station operation to the site(s). Plans for this installation shall be approved by the District prior to construction, 4) Plans for tire acceptance of well site drainage and well discharge water from the well sitc(s) into the on -site drainage facilities for District approval. After the plans have been approved by District, constmct and maintain the facilities necessary for tile conveyance of these waters from the well site(s) in accordance with approved plans. Subdivider shall include these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 5) Be responsible for the exterior landscaping at the site(s). 2063-543694 6712i/29G308 OW 111111 WE 11111111111111111111111111111111111 45 C 51 water system and/or sanitation system by District, whichever occurs first. District will operate, maintain, and replace said radio controls at District expense. 8 Prior to the acceptance of the domestic water system and/or sanitation system by District, Subdivider shall furnish to District any and all requested documents, including but not limited to tile following: s' A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or any party who furnished material in the construction of the domestic water system and/or sanitation system, have been paid in full; b. As -Built Drawings of the domestic water system and/or sanitation system. Acceptance by District of the domestic water system and/or sanitation system shall vest title thereto in District without any further action on the part of Subdivider. C. A Surety bond, irrevocable letter of credit Or a certificate of deposit from a bank or savings and loan located and doing business in the State of California, naming District as sole beneficiai y with tile exclusive right of withdrawal according to the following; in the amount of $2,500 or ten percent of the amount of the construction contract(s), whichever sum is greater, to guarantee the performance of the installed domestic water system and/or sanitation system as against failures Of any type, file period of said guarantee and said warranty shall be for one year from the date of the acceptance of the domestic water system and/or sanitation system by District. Said security, less any charges by District, shall he returned to Subdivider at end of one year. 9. 1 Jpon the request of Subdivitha, District will furnish to the appropriate departments of the appropriate City or County, the Department of Real Fstate and/or Departractit of Corporation of tile State of Cali forma, a letter from District indicating that finaticial arrangements have been made for the construction of tile domestic water system and/or sanitation system for said Subdivision and District is willing to provide domestic water service and/or sanitation service to each and every lot therein, provided Subdividei has done all of tile following: 3. Complied with all provisions of this Agreement applicable a[ the time, b. Furnished District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in !he State of California in a forran approved by 2053-54�684 26 " � 02M, 46 f 9 51 �on d. Paid to District any amount due under the Water System Backup Facilities Charge, and/or Sanitation Capacity Charge as may be applicable, i.e., those in effect at the time payment is tendered to District, e. Initiated a Well Metering Agreement with District (if applicable), 10� District shall not be liable for the replacement of decorative concrete and other surface improvements, including but not limited to, alternative paving methods which District may be requited to remove ill the future to gain access to tile domestic water and/or sanitary sewer pipelines and appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements outside the immediate area of construction. Subdivider shall include these conditions in the Covenants, Conditions, and Restrictions for said Subdivision. District shall not be liable for the maintenance including but not limited to malicious damage and graffiti of tile exterior walls and landscaping around the domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider. Subdivider and its successors shall be responsible for the maintenance of these improvements. Subdivide, shall include this condition in the Covenants, Conditions and Restrictions for said Subdivision. 12. District shall not be subject to the approval of Subdivider or Homeowners Association on any rise, restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider. Subdivider shall include an acknowledgement of these conditions in tile Covenants, Conditions and Restrictions for said Subdivision. 13. Subdivider will provide notice to tile purchaser of any homes within 300 feet of any District domestic water well site(s) and/or sanitary sewer lift station site(s) of the fact that District owns the property and its proposed and/or actual use and the activities that are involved during the construction and operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment operation including drilling and maintenance derricks which may create noise and vibration. Subdivider shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 14. In tile event that construction of the facilities which are the subject of this Agreement has ,or begun within 12 months of the date of this Agreement or, having been completed, said facilities have not 2W-543684 U�M/260308 ""il 11111111111111 ill IN 47 of 51 15. In the event that Subdivider fails to performi any obligation under this agreement, Subdivider agrees (a pay all costs and expenses incurred by District in securing performance of such obligations, including costs of suit and reasonable attorneys fees. 16. Subdivider hemby binds itself, its executors, administrators and assigns, and agrees to indemnify, defend and hold District harmless from any losses, claims, demands, actions or causes of action of any nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable at forricy's fees, 17. Fallowing fulfillment of the terms and conditions herein and acceptance by District of the domestic water system and/or sanitation system, District will provide domestic water service andior sanitation service to said Subdivision in accordance with District's Regulations cited in Paragraph 1. 18. This Agreement is binding on the assigns of District and on the assigns, successors, and representatives of Subdivider. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT Dated: SUBDIVIDER 2003-543684 11121/�03 08 GOH 11111111111111111111111111111111111111111111111 48 of 5t EXHIBIT D DOMESTIC WATER LOW PRESSURE ACKNOWLEDGEMENT 260-5436S4 07/21/2603 00 DGA I �Jjjjj Illp mil 11111111111111111111111 49 of 51 No Recording Fee Required Per Government Code Section 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Coachella Valley Water District Post Office Box 1058 Coachella, California 92236 DOMESTIC WATER LOW PRESSURE ACKNOWLEDGEMENT THIS ACKNOWLEDGEMENT is made on this day of and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its headquarters at Coachella, California, hereinafter designated as "District," and owner of a property located at No(s). by hereinafter referred to as "Customer," Assessor's Parcel hereinafter referred to as "Property" that was developed by hereinafter referred to as "Developer." This ACKNOWLGEMENT is necessary because Customer is requesting District to provide domestic water service to Property and the domestic water distribution system that serves the residence is only capable of providing a nominal pressure of _ pounds per square inch. This nominal pressure does exceed the minimum pressure requirements set forih by the State of California Waterworks Regulations, but is lower than the District's standard minimum design domestic water pressure of 60 pounds per square inch, which is set for the benefit and convenience of its customers. The available nominal pressure of residence was designed by Developer. pounds per square inch was considered when the This ACKNOWLEDGEMENT is to inform Customer of the available nominal water pressure. 2003-543684 6712112903 08 80fl III IN IIIIIII 1111111111111111 59 of 51 NOW, THEREFORE, CUSTOMER ACKNOWLEDGES AS FOLLOWS: IT Date: 1. District is unable to provide water pressure to Property at or above its minimum design standard of 60 pounds per square inch pressure; 2. Developer or Customer is required to install a pressure regulating valve on each metered service prior to District initiating service at Property to protect Customer in case the District increases the water pressure in the distribution system at a later date; and 3. Customer is required to notify any buyer, assignee, successor or representative of the Customer of this Acknowledgement. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VALLEY WATER DISTRICT M. APPLICANT M Domestic Water -2- Low Pressure Acknowledgement CVWD-562b 2603-543684 (Rev- 12/02) 07/21/21303 GO &OR III IN 51 of 51 J 7;th; Gorporation RECORDING REQUESTED BY: Sedona Homes, Inc. 49-950 Jeff arson St., # 130-134 Indio, CA 92201 AND WHEN RECORDED MAIL TO: Sedona Homes, Inc. 49.950 Jefferson St., # 130-134 Indio, CA 92201 OOC N Z003-900373 12110/2003 08:90A Fee:45.00 Page I of 7 Record*d In Official Records County of Riverside Gary I. Orso Assessor, County Clark & Recorder 111111111111111111111111111111111111111111 Hill III IN M S U PA�l 11 1 C�y L�G EFUND I -- L - A R el THE UNDERSIGNED GRANTOR(S) DECLARE(S) V 1/,.)d - e Z5— DOCUMENTARY TRANSFER TAX $ Zp Z174- C/4 El Computed on the consideration or value of property conveyed, OR 13 Computed an the consideration or value less lions or encumbrances remaining at time of sale n Nty of I A numnta. raliforma FOR VALUABLE CONSIDERATION, receipt of which Is hereby a cknowledged, Sedonal Homes, Inc., as property owner, WINIMMU HAS RECORDED THIS INVIEUMENT sy REM AS AN AtCOMMODATION ONLY AND US NOT MW El IN hereby GRANTS to REGULAIEFTY AND SURIC1111CY OR AS TO IrS M UPON THE TRE 10 ANY REA1 PROPERTY THAT WAY BE DER= THERON Sedona Homes, Inc., as property owner, the real property in the City of La Quinta, County of Riverside, State of California, described as: SEE EXHIBITS "A" and "B" ATTACHED HERETO AND REFERENCED MADE A PART HEREOF NOTE: THIS GRANT DEED IMPLEMENTS THE REVISED LOT CONFIGURATIONS PURSUANT TO LOT LINE ADJUSTMENT NO. 2003-404, AS APPROVED By THE CITY OF LA QUINTA. ALL PROPERTY SUBJECT TO THIS LOT LINE ADJUSTMENT IS OWNED BY A SINGLE ENTITY, HENCE OWNERSHIP CONVEYANCE IS A NONESSENTIAL SECONDARY FUNCTION OF THIS DEED. THE PRIMARY FUNCTION OF THE DEED IS TO PROVIDE CONSTRUCTIVE NOTICE OF THE REVISED LOT LINE ADJUSTMENT CONFIGURATIONS PURSUANT TO GOVERNMENT CODE SECTION 66412(d), AND To PERFECT THE INTENT OF LOT LINE ADJUSTMENT NO. 2003-404 AS APPROVED BY THE CITY OF LA QUINTA. DATED: 6 C,4 31 , 2003 STATE OF CALIFORNIA COUNTY OF I as' On this day Of i ZLt� 2003,beforeme. . -4 -77- the undersigned, a Notary Public J/ 4Z4- in and for said State, personally appeafed,4AeLA&c�"a-' personally known to me to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity and that by his signature on the instrument, the person, or the entity, upon behalf of which the person acted upon, executed the instrument. WITNESS my hand and official seal. Z4edona Homes , Property Owner APPROVED BY THE CITY OF LA QUINTA COMM NITY DEVELOPMENT DEPARTMENT D By: My;& — Title, Date: /0-/&-493 Case No.: ZLA 2403 :�JV`04 off iclaf notarial seal) ILLEGIBLE NOTARY SEAL DECLARATION GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT WHICH THIS STATEMENT IS ATTACHED, READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NUMBER: COUNTY WHERE BOND IS FILED'.A STATE WHERE BOND IS FILED�:�. d --t- lc-" DATE COMMISSION EXPIRES: PLACE OF EXECUTION OF THIS DECLARATION: San Bernardino DATE: // -- /3 - 0 �5 SOUTHLAND TITLE C//01� TRICIA REVETTA TITLE ASSISTANT OWNERS EXISTING LOT #/ AP # NEW PAR. NO. SEDONA HOMES, INC. 114 / 772-470-014 PARCEL"A:' SEDONA HOMES, INC. 115 / 772-470-015 PARCEL "B" SEDONA HOMES, INC. 116 / 772-470-016 PARCEL"C" 'EXHIBIT "A" LOT LINE ADJUSTMENT NO. 2003-404 PARCEL"A" (ADJUSTED LOT 114) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LOT 114 AND A PORTION OF LOT 115 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 114, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 00*41'14"E; THENCE EASTERLY ALONG SAID CURVE 72.21 FEET THROUGH A CENTRAL ANGLE OF 6'27'53"� THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, S 5019'00"E, 150. 10 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 115, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 7042'50"El THENCE WESTERLY ALONG SAID CURVE 56.00 FEET THROUGH A CENTRAL ANGLE OF 6032'53" TO THE SOUTHWEST CORNER OF SAID LOT 114, THENCE ALONG THE WESTERLY LINE OF SAID LOT 114 N 00052'29" W, 150.07 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9,616 S.F. (0.22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY, Page I of 4 PARCEL "B" (ADJUSTED LOT 115) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 115 AND A PORTION OF LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LUNE TO SAID POINT BEARS N 14'45'57"E; THENCE S 1002 1'3 1 " W, 151,15 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 116, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 95m FEET, A RADIAL LINE TO SAID POINT BEARS N 21'47'20"E; THENCE WESTERLY ALONG SAID SOUTHERLYL LINE 15.37 FEET THROUGH A CENTRAL ANGLE OF 09016'02" TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 490.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12-3 I'18"El THENCE WESTERLY ALONG SAID CURVE 41.12 FEET THROUGH A CENTRAL ANGLE OF 04048'28", THENCE N 05019'00"E, 150. 10 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE OF SAID TRACT NO. 29894-2, SAID POINT BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 640.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 07'09'07"E; THENCE EASTERLY ALONG SAID CURVE 59.98 FEET THROUGH A CENTRAL ANGLE OF 5022'11 " TO A POINT OF COMPOUND CURVATURE HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 12031'18"El THENCE EASTERLY ALONG SAID CURVE 9.60 FEET THROUGH A CENTRAL ANGLE OF 02014'39" TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9451 S.F. (0,22 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. Page 2 of 4 PARCEL"C" (ADJUSTED LOT 116) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT 116 AND A PORTION OF LOT V OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS, BEGINNING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14045'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANGLE OF 16034'5 V TO THE NORTHEAST CORNER OF SAID LOT 116, THENCE ALONG THE EASTERLY LINE OF SAID LOT 116, S 26039'25"W, 7.32 FEET' THENCE S 13059'59'W, 118.44 FEET; THENCE S 6004 1'05'W, 27.28 FEET, THENCE N 69015'43'V, 3899 FEET; THENCE N 1002 1'3 1 " E, 151.15 FEET TO THE POINT OF BEGINNING. TOTAL AREA OF ADJUSTED LOT = 9309 S.F. (0.21 AC., MORE OR LESS) SUBJECT TO ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHTS OF WAY, EASEMENTS, OR EXCEPTIONS OF RECORD, IF ANY. 6pj?Lo%ted �b . X ReSO4 0 Planning Commission 13 Cay Council &I'Communliv Dev. Dept. Initials M Case No. _UA2411- �--G Exhibit 11 With Conditions Page 3 of 4 LOT "V" (ADJUSTED LOT V) IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, A PORTION OF LOT V AND LOT 116 OF TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN BOOK 327, PAGES 56-88 OF MAPS OF SAID COUNTY, MORE PARTICULARILY DESCRIBED AS FOLLOWS: LOT V EXCEPTING THEREFROM THE FOLLOWING DESCRIBED AREA COMMENCING AT THE MOST NORTHEAST CORNER OF SAID LOT 115, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF LOT EE (VIA SAVONA) OF SAID TRACT, SAID POINT ALSO BEING ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 14045'57"E; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE 70.90 FEET THROUGH A CENTRAL ANGLE OF 16034'5 1" TO THE NORTHEAST CORNER OF SAID LOT 116, THENCE S 26039'25'W, 7.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 13059'59'V, 118.44 FEET, THENCE S 60041'05", 27.28 FEET; THENCE N 69015'43'V, 10.75 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 116 OF SAID TRACT; THENCE N 26039'25" E, 139.28 FEET TO THE POINT OF BEGINNING. ALSO TOGETHER WITH THE FOLLOWING DESCRIBED PORTION OF SAID LOT It 6: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT It 6; THENCE N 26039'25" Eq 4.71 FEET; THENCE N 690 15'43'V, 28.24 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 21*47'20"E; THENCE EASTERLY ALONG SAID CURVE 28.25 FEET THROUGH A CENTRAL ANGLE OF 17002'24" TO THE POINT OF BEGINNING- Apl2roved by: 13 Planning Commission D City Council liKommuniLy Dev. Dept. Initials #1*1 Case No. LtA- Zoo;,—*,( Exhibit El With Conditions Page 4 of 4 P, L JvC EXHIBIT 'B A 4� LOT LINE ADJUSTWENT NO 2003-404 0 NO. 5479 — — — — — — — — EMS77MG LOT LINE TO BE ADdUS7ED Exp. 9/30/04 1. NEW LOT LINE �AL (P9 VA 7E STREV) EXIS77NO LOT LINE To REmAIN P.O.B. (toT -Er) 'A [XXXXI INDIC4 7ES RECORD DA FA P& U.S.327156-88 PARM KA pola JL =70. 9 PARCas 'a & c' fuzV20' 640. 0 2 L -72 A5 I ' '7'W D-2" R�d -6 '4 40 9 1 0.00 5,99 e. ol Ap ka 0 7 32' PARCEL PARCEL A19 B 9,616 S.F. 9 451 S.F. PARCEL -Q, Jog S.F. t -55 00, 51' 08� It 90.00 -46 C?l '!--6 9,9 .0 .9 Z0 '96) 4? ca CURVE TABLE LINE TABLE , C-) CURV LENGTH RADIUS I DELTA LINE LENGTH BEARING cl 9.60 2, !6050 2�14:011; C2 15.37 1 Ll 7.32 S26'39'25"W C3 &D.M f7 ' 4' L2 10.75 S69*15'43"E L3 4-71 S26*39'25"W MCGEE &PWYING, INC PPLIEPARIV SUPER VISION OF: 79-JOl COUTRY CLUB DR .' S7Z-. 201 BERMUDA DUIVES, CA 92201 (760)J45-J828 FAX (760)772-5705 WA YNE A. McCEE DA TE L.S. 5479 Evp. gliolo4 No Recording Fee Required Per Government Code Section 27383 DOC N 20OZ—OMS1007 a7/I3/n@:.@8:00A,F..:NC ,. , , I RECORDING REQUESTED BY AND Recarclad In Official Raccr4a .onty f Ri� ... Id. ,ECORDED RETURN TO: L..rr, W. ",4 WHEN P c Aa.aza.,, Cc.nt, Clark & R..c,d.r COACHELLA VALLEY WATER DISTRICT Post Office Box 1058 Coachella, California 92236 (Space ab�ve It DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AgREEMENI THIS AGREEMENT is made on this / 777,1 day of by and between the COACHELLA VALLEY WATER DISTRICT, a public agency of the State of California, with its headquarters at Coachella, California, hereinafter designated as "Distri,V and /t/e5) z ze located at I-JVe2"�15 -60 �—,4. hereinafter designated as "Subdivider. " WHEREAS, Subdivider is developing a subdivision of z ./- lots located in the. �IZ- Al _ quarter of section ? Township 4, South,Rarlge 7 East, San Bernardino Meridian, and has filed a Tentative Subdivision Map with the Planning Commission of the County�oof 1-4 ZPe11A1;PV _, which tentative subdivision has been designated as Tract No. -?z4J5L5 , hereinafter designated "Subdivision" and described on Exhibit A and shown on Exhibit B; and WHEREAS, said Subdivision will require a water distribution system and/or sanitation system and domestic water service and/or sanitation service to each of said — 444 — lots; and WHEREAS, Subdivider is desimus of having District provide domestic water and/or sanitation service to said Subdivision and is willing to transfer to District the water distribution system and/or sanitation system necessary therefor after the construction thereof and District is willing to accept such transfer and to provide domestic water service and/or sanitation service to said Subdivision on the terms and conditions set forth herein. -I- C�014A. ok�v. 2M3) NOW, THEREFORE, THE PARTIESAGREE AS FOLLOWS: I - Subdivider will comply with District's "Regulations Governing Domestic Water Service," "Regulations Governing Sanitation Service," and "Instructions for Preparation of Improvement Plans for Domestic Water Systems arullor Sanitary Sewer System" as the same may be amended from time to time, the provisions of which are incorporated herein by reference. 2. The domestic water system and/or Sanitation system to serve said Subdivision shall be constructed in accordance with District's "Standard Specifications for the Construction of Domestic Water Systems" and/or "Standard Specifications for the Construction of Sanitary Sewer Systems" and such specifications and construction plans prepared by Subdivider and which shall be approved by District prior to the presentation thereof to contractors for bidding purposes. The domestic water system shall include all pipelines, valves, service connections, fire hydrants, and appurtenances, excepting only the water meter to the individual lots. The sanitation system shall include manholes, pipelines, house laterals, pump stations, and appurtenances. 3. The Contractor employed by Subdivider to construct the domestic water system and/or sanitation system shall be licensed by the State of California for these types of construction and in addition shall be approved by District for such purpose, - 4. The entire cost of the construction of the domestic water system and/or sanitation system shall be paid by Subdivider. The construction will be inspected by District inspection personnel to the end that the domestic water system and/or sanitation system facilities are constructed and installed pursuant to this agreement in accordance with the approved plans and specifications. This inspection is not for the purpose of determining installed footage of water or sewer pipeline or for compliance by the Contractor with safety requirements. 5. Prior to the release of the improvement plans for the domestic water system and/or Sanitary sewer system Subdividlff shall furnish to District the following: a. Bill of Sale for conveyance of the domestic water system and/or sanitation system. b. Any and a1I Deed(s) of Easement or Grant Deed(s) to any rights -of -way, or other real property interests necessary for the operation of die domestic water system and/or sanitation system or to comply with the requirements of Distriefs Regulations Governing Domestic Water and/or Sanitation Service. c. Written petitions for the annexation of its Iands to be developed to those Improvement Districts of District which are applicable to the public services to be provided. -2- CVWD�14A 97� 13/2865 09 00A IN 11111111 2 of 11 ot�� M3) d. An irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of $2,000 or five percent of the mount of the construction contract(s), whichever gum is greater, as security for the purpose of guaranteeing the completion of construction as provided in paragraphs 6 and 7 herein. Said security shall provide that District has the absolute tight five days after the mailing of a written notification to Subdivider by certified mail at Subdivider's address herein to draw all or a portion of the fimds represented by the security as may be necessary to complete construction, including administrative and all other project costs or to secure compliance with the provisions of Paragraphs 6 and 7. Said security, less draws, if any, will be returned to Subdivider upon acceptance of the domestic water system and/or sanitation system by District. 6. Prior to the installation of water meters or the acceptance of the domestic water system and/or sanitation system by District, whichever occurs first, Subdivider shall ftimish to District and/or comply with the following: & Pay all Water System Backup Facilities Charges and/or Sanitation Capacity Charges as may be applicable. b. As to any water well developed by Subdivider for golf course irrigation or other purposes in connection with said Subdivision, execute a separate well -metering agreement with District. Said agreement will be mailed to Subdividerby District. Section 31638.5 of Chapter 7, Part 6 of Division 12 of the WaterCodes states that: "It shall be unlawful to produce water [in excess of 25 acre feet per year].unless the well or other water producing facility producing such water shall have a water -measuring device (meter] affixed thereto which is capable of measuring and registering the accumulated amount of water produced." C. Upon execution of a well -drilling wntract, for the golf course irrigation well as described in Subparagraph 6-b, above, notify District of intent to drill said well, the required meter size, and upon completion of the well shall install a meter and pump discharge manifold according to District specifications, at Subdivider's expense. In the event that the meter installation and pump discharge manifold is not completed according to District specifications and with District's approval, District shall have the right to direct that the entire discharge manifold assembly be reconstructed at Subdivider's expense. District, for Subdividees convenience, will make available the meter and meter installation specifications upon request to District by Subdivider and/or well drillees authorized representative. -3- 28"561687 C�14A UV13/260589 M3) 3 f 11 After completion of the meta installation District will, at Districts expense, obtain a hydraulic pump test on the well for determining any meter correction factors. District employees and agents shall at reasonable times over lands owned by Subdivider on which said well is located, have the right of ingress and egress. District will own, operate, maintain, and replace said meter at District expense. District will read said meter at periodic intervals and make such readings available to Subdivider if so requested. Subdivider agrees that District may obtain copies of current and past electrical power consumption and well pump test data directly from the electrical utility serving the well or from any individual conducting said tests, without obtaining additional releases. d. As to any domestic water well site(s) and/or sanitary sewer lift station site(s) pmvided by Subdivider: 1) Grading plans of the site(s) for District approval. After the grading plans have becta approved by District, grade site(s) in accordance with approved plans. 2) Plans for perimeter walls and exterior landscaping for District approval. After the plans have been approved by District, construct the walls and landscaping in accordance with the approved plans. The design of the walls shall include consideration of noise attenuation to maintain exterior noise levels for residential development while the well or lift station is in operation. Said perimeter walls shadl be installed prior to District providing service. 3) Provide electrical power of a voltage and wattage necessary for the well or lift station operation to the site(s). Plans for this installation shall be approved by the District prior to construction. 4) Plans for the acceptance of well site drainage and well discharge water from the well site(s) into the on -site drainage facilities for District approval. After the plans have been approved by District, construct and maintain the facilities necessary for the conveyance of these waters from the well site(s) in accordance with approved plans. Subdivider shall include these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 5) Be responsible for the exteTioT landscaping at the sitc(s). e. A certified copy of the Covenants, Conditions and Restrictions for said Subdivision. 7. As to any electrically or electronically operated security gate system installed by Subdivider and designed to be functional without an operator/guard, District shall have the right to install radio controls to operate said gatc(s) at Subdivider's expense. Subdivider shall pay District the sum of $2,500 as the cost of said radio controls prior to the installation of water meters or the acceptance of the domestic 4- 2005-8561687 CVWD-014A 07113/2%� 98 � 00A (R�. 2103) IN 4 of It water system and/or sanitation system by District, whichever occurs first. District will operate, maintain, and replace said radio controls at District expense. 8. Prior to the acceptance of the domestic water system and/or sanitation system by District, Subdivider shall furnish to District any arid all requested documents, including but not limited to the following: a. A Declaration by Subdivider or its Contractor(s) that the Contractor(s), or my party who furnished material in the construction of the domestic water system and/or sanitation system, have been paid in full; b. As -Built Drawings of the domestic water system and/or sanitation system. Acceptance by District of the domestic water system and/or sanitation system shall vest title thereto in District without any further action on the part of Subdivider. C. A surety bond, irrevocable letter of credit or a certificate of deposit from a bank or savings and loan located and doing business in the State of California, naming District as sole beneficiary with the exclusive right of withdrawal according to the following; in the amount of S2,500 or tm percent of the amount of the construction contract(s), whichever sum is greater, to guarantee the performance of the installed domestic water system and/or sanitation system as against failures of any type, the period of said guarantee and said warranty shall be for one year from the date of the acceptance of the domestic water system and/or sanitation system by District. Said security, less any charges by District, shall be returned to Subdivider at end of one year. 9. Upon the request of Subdivider, District will furnish to the appropriate departments of the appropriate City or County, the Department of Real Estate and/or Department of Corporation of the State of California, a letter from District indicating that financial arrangements have been made for the construction of the domestic water system and/or sanitation system for said Subdivision and District is willing to provide domestic water service and/or sanitation service to each and every lot therein, provided Subdivider has done all of the following: a. Complied with all provisions of this Agreement applicable at the time, b. Furnished District an irrevocable letter of credit or certificate of deposit from a bank or savings and loan located and doing business in the State of California in a form approved by District in the amount of $2,000 or five percent of the amount of the construction contract(s), whichever sum is greater, C. Furnished District with a copy of the Bond filed with the appropriate City or County, guaranteeing the construction of required Subdivision improvements, including the domestic water system and/or sanitation system provided for herein, and 29"61687 CVWD014A 07/W2605 AS GOA (R�. 2/03) d. Paid to District any amount dueunder the Water System Backup Facilities Charge, and/or Sanitation Capacity Charge as may be applicable, i.e., those in effect at the time payment is tendered to District. e. Initiated a Well Metering Agreement with District (if applicable). 10. District shall not be liable for the replacement of decorative concrete and other surface improvements, including but not limited to, alternative paving methods which District may be required to remove in the future to gain access to the domestic water and/or sanitary sewer pipelines and appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements outside the immediate area of construction. Subdivider shall include these conditions in the Covenants, Conditions, and Restrictions for said Subdivision. 11. District shall not be liable for the maintenance including but not limited to malicious damage and graffiti of the exterior walls and landscaping wound the domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider. Subdivider and its succcssors shall be responsible for the maintenance of these improvements. Subdivider shall include (his condition in the Covenants, Conditions and Restrictions for said Subdivision. 12. District shall not be subject to the approval of Subdivider or Homeownffs Association on my use, restrictions or conditions for any domestic water well site(s) and/or sanitary sewer lift station site(s) provided by Subdivider, SubtlMder shall include an acknowledgement of thew conditions in the Covenants, Conditions and Restrictions for said Subdivision. 13. Subdivider will provide notice to the purchaser of any homes within 300 feet of my District domestic water well site(s) and/or sanitary sewer lift station site(s) of the fact that District owns the property and its proposed and/or actual use and the activities that are involved during the construction and operation of said domestic water well and/or sanitary sewer lift station, such as heavy equipment operation including drilling and maintenance derricks which may create noise and vibration. Subdivider shall include an acknowledgement of these conditions in the Covenants, Conditions and Restrictions for said Subdivision. 14. In the event that construction of the facilities which we the subject of this Agreement has not begun within 12 months of the date of this Agreement or, having been completed, said facilities have not been accepted by District within 24 months of said date, District shall have the right to declare this Agreement void. In the event District exercises said right, it shall have no further obligations under this Agreement. Any new or revised Agreement and any related domestic water and/or sanitary sewer plans shall reflect any new conditions in eflect at that time. Costs, fees and charges due under said new or revised Agreement shall be those which are in effect at the time payment thereof is tendered. -6. 2%5-656168' CVWD-014A 67/iV296588 068 11111111111 HE 1111111111111 6 of 11 (R�. 2101) 15. In the event that Subdivider fails to perform any obligation under this agreement, Subdivider agrees to pay all costs and expenses incurred by District in securing performance of such obligations, including costs of suit and reasonable attorneys fees. 16. Subdivider hereby binds itself, its executors, administrators and assigns, and agrees to indemnify, defand and hold District hannIess from my losses, claims, demands, actions or causes of action of my nature whatsoever, arising out of or in any way connected with the improvements agreed to be constructed and installed under this agreement by Subdivider, including cost of suit and reasonable attorney's fees. 17. Following fulfillment of the terms and conditions herein and acceptance by District of the domestic water system and/or saturation system, District will provide domestic water service =&or sanitation service to said Subdivision in accordance with District's Regulations cited in Paragraph 1. 18. This Agreement is binding on the assigns of District and on the assigns, successors, and representatives of Subdivider. PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES COACHELLA VA�'WYATER DISTRICT <:�2 '6 By J� Steve Robbins General/ManagerfChief Engineer Dated: � , L SUBDIVIDER 9D LsUNjYqQ UMV3, By: Dated: -7- 2%5-0561687 CV�14A 07?13/2%5 08 W 11111111111111111111 7 �f 11 ok�. M3) State of California ) ss County of Riverside ) On February 25, 2005, before me, Cynthia R. Parks, Notary Public, personally appeared Steve Robbins, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. (seal) Witness my hand and official seal. 0 C=IJ!'% P A R. , !A�W�S f - COMZMO1HZTOn 0 12926 T I N01cryPub0c—COROMia lavealdo Commty My 5e'—�—ez�L W �Z �FebZ,-M5 for said Printed name: Cynthia R. Parks Commission No. 1292611 My commission expires February 26,2005 Dom�ic watff md/or sarLitation SYA=InsullationAg�t No 1� Quinu P�m, LLC Tmt N.. 32453 2605-8561687 67/13/2005 1111111 pill lill 1111111111111111111 Hill 1111 IN 8 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Rivers_;Iej ss. -1. QC04before me, ' I On Kb\j42.VXXbeA- n --fzw D.. Tift r. personally appeared KATHRYN L, H(INTFR Commission # 1382692 Notary PuNIC - Cclif(iff)"(1 Riverside Cot;nty myComm ExpirorNov 1. 6 I . personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aN subscribed to the within instrument and acknowledged to me that he"Nothey executed the same in his/0W/tNr authorized capacity(ies), and that by his/rm#thfiLr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Air OPTIONAL Though the information below is not required bylaw, a may prove valuable to persons relying on the document and Could prevent fraudutent removal and mallachment of this form to another document Description of Attached Document Title or Type of Documen.N ill T_�s 4* Document Date: , I — 01-4 Number of Pages: -7 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: L' Individual Trip of Mire hem Corporate Officer — Tille(s): �j Partner — 71 Limited FI General -3 Aftorney-in-Fact D Trustee _1 Guardian or Conservator 7 Other: Signer Is Representing:-- I _j 0 19" N&rors� �CawAAA�Atiil - rKeO N, 50c, An, PO, ,x ?,q. Cba%wMi. CA 91313 21M F. N. 5.1 C. I T.11 I . 1 281954561687 97/13/28EM 68: GOA III IN 11111 9 of 11 9XIMBIT "A" LEGAL DESCRIPTION LDTS I THROUGH 30 AND LETTERED LOTS A THROUGH I OF TRACT MAP 32453 AS SHOWN ON A MAP ON FlLE IN BOOK 372, PAGES 10 THROUGH 18 RECORDS OF RIVERSME COUNTY /- & - 0--e) DATE 2965-0561687 07/13/2095 69 1 w IN le of I I OD co 0 z 0 CV CI) z< Z< C.) C-i F� CO P oai' M x LLj 14 CI4 r lj� CN �— t�r) 0 C14 cn 2805-0561687 OW 13/2095 WOOS 111111 lull III III IIIIII III III 111111111111 11 of 11 yonzpn REO;ORDNG REQUESTED BY AND RETURN TO: VERIZON CALIFORNIA INC. Eldon E. Jensen — CAE01NE Right of Way Department 11 so. 4 th. St... 2 nd. Floor Redlands, CA 92373 Doc. Transfer T@X Due Venzon Cal RAV #72-543-04 W/O. #7POO I DD DOC Will 2005—OSS2133 07/14/2005 08:OOA Fee:MOO Page I of 2 Recorded in official Records County of Riverside Larry U. Uard Assessor, County Clerk & Recorder 11111111111111 HE 1111111111111111111111111111111111111 M s U 1AGC �GR �OR A ZO GRANT OF EASEMENT �O USE Ec R THE GRANTOR, ND LA QUINTA PARTNERS, LLC, a California Limited Liability Company, hereby grants to VERIZON CALIFORNIA INC., a corporation, hereinafter referred to as GRANTEE, its successors and assigns, an easement and right of way for the purposes of constructing, using, maintaining, operating, altering, adding to, repairing, replacing, reconstructing, inspecting and/or removing its facilities, consisting of, but not limited to: poles, cables, wires, amplifiers, crossarms, anchors, guys, braces, underground conduits, manholes, handboles, pedestals, above and below ground vaults and enclosures, concrete pads, markers and other appurtenances, fixtures and/or facilities (hereinafter sometimes collectively called equipment) necessary or useful for the transmission of electric energy for communications, telecommunications, video, intelligence by electrical means and/or other purposes on, over, in, under, across and along that certain real property situated in the County of Riverside, State of Cal�fbrn:a, described as follows: A non-exclusive easement within those areas delineated as P.U.E.'s (Public Utility Fasements) and within those areas delineated as Public and/or Private Streets, all lying within Tract 29894-2,, as per Map filed in Map Book 309, Pages 18 through 50 inclusive, Tract 29894-2 Amended, as per map filed in Map Book 327, Pages 56 through 88 inclusive, Tract 29894-3, as per Map filed in map Book 35 1, Pages 35 through 48 inclusive, Tract 29894-4, as per Map filed in Map Book 35 1, Pages 49 through 57, inclusive, and Amended Tract 29894-2-2, as per Map filed in Map Book M11 , Pages G6 through 757--, inclusive, of Maps, in the Office of the County Recorder of said Riverside County. This legal description was prepared by Grantee, pursuant to Section 8730(c) of the Business and Professions Code. THE GRANTEE, its successors and assigns and their respective agents and employees, shall have the right of ingress to and egress from said easement and every part thereof, at all times, for the purpose of exercising the rights herein granted and shall have the fight to remove such growth as may endanger or interfere with the use of said easement. Such rights shall be reasonably exercised and the Grantee shall be liable for any damage negligently done by it to (lie above described property. Signature(s) and Notary Acknowledgement(s) attached hereto GRANTOFEASEMENT Page 2 of 2 RfW #72-543-04 W/O.#7PO0lDD *4 IN WITNFSS WHEREOF, said Grantor(s) has/have executed this histrument this 13 day of Mat 1/ 20 0/. SIGNATURE OF GRANTOR: ND LA QUINTA PARTNERS, LLC, a California Limited liability Company By: u4in R G ar4l, Typed or printed name- S�J'Title: V ; C r- PV"C I -- Lj Typed or printed name: Title: ALL PURPOSE CERTIFICATE STATE OF Cat k 6r n �0� COUNTYOF VIIJ��;Ck-e-� On this — I NV*� day of 2001, before me, the undersigned, a Notary Public in and for said County and State, personally appea ec�,,', personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isla'*Fe subscribed to the within instrument, and acknowledged to me that he/sKelthey executed the same in his/h'Kltftr authorized capacity(ies), and that by his1her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. a r F KATHRYN L. HUNTM (.�ornrnisston 1382692 OR NOTARY Notary Public SEAL &; Rivefside County 0, OR t,'jy 'rrT1!T1 �E� 1 20('6 Notary's Siqnature ST-A—M-P 2 1 11; 1 gh--.i�g Fl, A I ri N R N X�Y EINPi ZP N i IX > Z, , A lb if , S�. , c ` M qq 4 .Ax 94,x - z z Z z 0 T4 t >Z �- > >- z 0 - ..... �oz �-8 2 p z "'o n Q�� f 5 o O� 0 z z - _Z_ Z> z Z,.'Z > Z�m o (c) ZO 2p�x_ OD ,�-O�OHAZZO 0 � :E . M, rL JEFFERS014 STREET W -L-A ��' j8. j.. 14 rn 31 x .0 ads �9'� - q — I 0� V. > z 19 0 vV01 Nil K: rMT it'll f's q 1 1 - V I I ""r a Y 1- -TV in'. QF I 1 1, sq- "I Alt IT! AQ. v 0 Q F� A lip 3 �Q F I I M I s 4 A. aqn; A MM. any, v �10 -0; A 0 MMSON STREET 4 goo r A tun OF ------------ - COD 1 s7 oto A g Gm OVER oil I IdA — A T" 4, pop 1 UP W A �� gill Up 15,00110 41 OWN I'll if 1941M 11 11 52 9 11 HIM �gl - 9 R�sgd Lf .1 '�q I j All job! 11 i A; 1 3 0, 1 1 X4 U&P. X 42 110 o , L] �oz ir oz >- M w-0 z �l �J 71 o o n Cc -.00 zz.,o 6 >; 1"2 07M., I zz-- 17, I SHEET 4 OF 15 SHEETS IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. 29894-2 TRACI NO. 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE, AND ' ENDED TRACT NO. 29894-2. AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFIN - �JL RE'CM0'R'DD9 OF RIVERSIDE COUNTY, CAUFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MER, AN IN G LOTS .5 THROUGH 12, INCLUSWE, LOTS �34 THROUGH 84, INCLUSIVE, LOTS "A" AND "N" OF TRACT NO. 29894-2 AND AMENDING LOTS 2, AND 13, LOTS V', "L". "V" (RISUBDIVIDED AS LOT "K OF TRACT N. 29894-3 V B 351/-'5-481 "X". AND A PORTION OF LOT "0" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 lu L+j 01 LoT X ........... E - ,, N37 57W 21 1 "1 1.1�. IL� L Q T SEE SHEET NO. 5 J� 10 7 SEE SHEET NO. 12 LOT v ft�� AS LOT X' OF MICT W. 298W-3, 351V35481 8� I WM 4. CKU �m SEE SHEET NO.9 �11 w cl) Lu ui SHEET 5 OF 15 SHEETS IN THE CITY OF CA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. 29894-2 TRACT NO, 29894-2 AS SHOWN BY MAP ON FILE 10 BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE, AND AMENDED TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AMENDINO LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS "A" AND 'N" OF TRACT NO. 29894-2 AND AMEQING LOTS 1. 2. AND 13, LOTS "D", 1", '*V" (RESUBDIVIDED AS LOT K OF TRbC7 Nc, 219594-3, NI B Tl/�5-48). "X", AND A PORTION OF LOT "0" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 CE AVENUE 52 SEE SHEET SEE 11111 . I FOR INT11IFTE I NOTE M(ALTMEN T MOWS, EASEMENT NOTES AND KINITY MAP �EE SHEET NO 3 FOR STATEMENT OT NAN. AMR EEl INKA GRAPHIC SCALE I IN FS'T I mh - M 5T� d z w /Gl' I ui -T ll� TIT 0 LT LY, N- d c 'DE z LU w X' m "'AN, 0 w LU 0) NO, 9 SHEET 6 OF 15 SHEET IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. 29894-2 TRACT NO 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50 INCLUSIVE, AND AMENDED TRACT 10� 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST. SAN BERNARDINO MERIDIAN AMENDING LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS 'A" AND "N" OF TRACT NO. 29894-2 AND AMENDING LOTE 2, AND 13, LOTS "D", "C', "V' (RESUBDIVIDED AS LOT "K' OF TRACT No 19894-7 1,, B 7l] i�-481. *'X", AND A PORTION OF LOT G" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 S EET NO. 14 ---------- A 1 73 74 75 IS 72 1 11 7 (c 'y LOT X z ILL! co 12 ,7 J7 A 9 W T ND � rJl SLIMPN S li �Ili lols, f,isMill I'll 1111.Tl �All SE SiiEl I lO I 1� SIATE.W V CHAKE lND SlEET i X AVENUE 52 TIA F" 141 AiAIEND�, TRACT 2ND,1-2 � 3271 ii�-Oii SEE SHEET N 35 Eli li �c NLA'r MI-T —ilW-2 LOT V UMS� AS LOT IK' OF TIIACT ft. Ma SSV35-48) S� NOM 4 —'s 0.10 CHAPHIR <( iII �'I'l rllT ill Im 0 z I- Lu Lu ILL! Lu co SHEET 7 OF 15 SHEETS IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA -2 AMENDMENT NO. 2 TRACT NO. 29894 ROUGH 50, INCLUSIVE, AND AMENDED TRACT TRA�T NO. 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 TH INCLUSIVE� BOTH OF OFFICIAL RECORDS OF NO.'29894-2, AS SHOWN BY MAP 014 FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, AST, SAN BERNARDINO MERIDIAN AMENDING 43 RIVERSIDE COUNTY. CALIFORNIA. IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH. RANGE 7 E LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS "A" AND "N" OF TRACT NO, 29894-2 AND AMENDING LOTS -V" (RESUBDIVIDED AS LOT 'K" OF TRACT No 29894-� e 35i 3,.-48). "Y", AND A PORTION OF 1, 2, AND 13, LOTS "D". LOT "0" OF AMENDED TRACT NO. 29894-2 TETRA TECH. INC. APRIL 2004 .�1�11T �071 E�SNW '�'El 111.11 .� ,[, �EEI �o 3 F.w 111IN111 I I '-1E A�l l.ZFT 11E (i AVENUE 52 OT & -----Mk—SKV N—A---- jo� 107 11D 07 n 03 a, vi TRACT 12M.� m 3wif la�o CD LOT V d a LOT W z W NM-3� ma mv�) NOTI! 4. '�'l Al�ll ul Lu V) GRAPHIC SCALE 107 139 ,so r3 rlz isl ja- �memop U2 14� M 46 '46 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I �� i TRA'T 1'� 2CeDl-', SEE SFEET NO.10 SHEET 8 OF 15 SHEETS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA -2 AMENDMENT NO. 2 TRACT NO. 29894 rRACT NO. 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE, AND AMENDED TRACT NO, 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE. BOTH OF OFFICIAL RECORDS OF RIV17RSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AMENDING INCLUSIVE, LOTS "A' AND IN' OF TRACT NO. 29894-2 AND AMENDING LOTS LOTS 3 THROUGH 12. INCLUSIVE, LOTS 64 THROUGH 84_ 1, 2, AND 13, LOTS 'D", "I", "V"�NSUBDIVIDED ASLOT "K' OF TRACTNo. 29894-�. MR 35111�1-48�, "Y', AND A PORTION OF LOT "0" Of AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 AVENUE 52 - — - — - — - — — - — - T�AC�No 2nD4-2 Ds oa I lq-50 LOT C NA,FO, 15 AIAENDED TPA�T V2 14 29804 -2 J6-88 LOT V F� AG LOT X wv�) Im MIRMN 12a 27 ED yr�,T 124 o c � 15D 151 152 loz SEE SHEET NO.11 122 I �,, --- To LOT Ll IT, LOT 4 LOT I Tll'- II� 21LOI-O GRAPHIR �CALI 11 IIIEl 11 2 111 11�11-5 -'I �Ml.CIT I�ll [I'Elll 101IS I'D CgNIIY MA� 11 11EP ID I III LIIIE.11! I III IIIIT III, 6�x� 3 SHEET 9 OF 15 SHEETS IN THE IITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. 29894-2 —4 TRACT NO. 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE, AND AMENDED TRACT -2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFICIAL RECORDS OF lZ NO. 29894 7 EAST, SAN BERNARDINO MERIDIAN AMENDING RIVERSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE, LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS "A" AND 'N" OF TRACT NO. 29894-2 AND AMENDING LOTS 1, 2, AND 13, LOTS "D", "L-, "V" (RESUBDIVIDED AS LOT K" OF TRACT No 29894-� V6 351 AND A PORTION OF LOT "0" OF AMENDED TRACT NO. 29894-2. TFTRA TECH. INC. APRIL 2004 wOmUmENT NOTES. EAKWENT NOTES AND ACINITY mAp SLE SHEET NO 3 FM STATEMENI X �.GE IN STIECT NOEI GRAPHIC SCALE SEE SHEET NO. 5 2 0iffmiamm mm mm"'m OMEN On 1 1 111 MEMISERS1 IS LOT W � COLIm 31 A1111 z 3 4 G" 7 SEE SHEET NO.12 NIN 1, LOT V M� AS LOT V Of T9ACT M. 21694-3 ", 35113548) SEE SHUTE % NOTIE 4. SOL' COL7 TO It 211 2 IS 21T �Dll 2SI 2ET5 21 210 YJ,CoF, 5" 0 z , Trl�CT I., �.V-Z Ns DOD "ELDS -.WPE98AfF0-- '0' " cl) El F, �49 LDT A,� 6-, 4L 21' 216 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFO�NIA SHEET 10 OF 15 SHEETS AMENDMENT NO. 2 TRACT NO. 29894-2 50, INCLUSIVE, AND AMENDED TRACT ,a-Z,TRACr NO. 29894-2 AS SHOWN BY MAR ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH NO. 29894-2. AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 55 THROUGH 88, INCLUSIVE BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AMENDING LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS "A" AND *N" OF TRACT NO. 29894-2 AND AMENDING LOTS 1, 2. AND 13, LOTS "D". " L", "V" (RESUBDIVIDED AS LOT Y' OF TRACT STE. 29894-7, M � 351j:,5-48) 'X", AND A PORTION OF LOT 'C" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 T'll 0 z H- LU LU w UJI 0 SEE SHEET NO. 6 -s fl—ki". L,'T � �LM TF?A NX, 2V8I4-2 Sis X� / 5�39 LOT V (� AS LOT �OT W, M94-L wvv�) � % IIOM 4. GOLF coulm 1.11 XSIDI GRAPHIC SCALE XX III NHIII.IE 2 FSI .1,SIDI . EXEIH HDIS, EISE.INI NOTES "D ��INNI A' �El X�IET HIE I IIJI IIAII.INT A14V END SHEET INDEX 121 SEE "T"I'L v SEE SHEET NO. 7 0 1 1, LEE z LLI 4i Eck LU IiA PESSARO twn 1ILJ,IEl TF,E'T NL' -E"' X,,,EIHEED jll)�i ND' EST I GE-�a 270 271 LCET F od SHEET I I OF 15 SHEETS IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATC OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. A 29894-2 TRACT TRACT NO. 29894-2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE, AND AMENDED NO. 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE. BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN 3ERNARDINO MERIDIAN AMENDING LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS "A" AND "N" L OF TRACT IqO. 29894-2 AND AMENDING LOTS 1, 2, AND 13, LOTS "D', 1", "V" (RESUBDIVIDED AS LOT K OF TRACT No 29894—, M3, 351 3�-48F 'X", AND A PORTION OF LOT 'tQ" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 0 z l'— SEE SHEET NO. 7 SEE SHEET NO.8 T-F - - - - - - - - - - - - - - - - - — - - - - - — 74 7-5 EFFE VIA CC D2 IF 'F I ------------ S' E STEET NO 2 PER SUR�YSNS NOT WONV.T NOTS, EASEMCNI NOTES NND .11Nlly .1p SEE �HEET NO 3 FMD SIA7MENI OF CHANZ AND SNEET WEX GRAPHIC SCALE LOT V W� AS LOT W wma *` �� MR SOV35-48) SEE � I NOTE 4 GOLF COURSE 00 22 —ES I 'TETTF� .... ..... I I INS FEE 114 117 T FIA, f TO 21T.-I - OF' � 1,,l 0 VIA PESSA FIA'F, LDT J TTllT NO 29P),T-S OLD -El I jT-lE I I I I--- �4-,, F, �Fl�C)Eb MA'7 N, 20�,4-2 17 1 Ov-0a TO C., '�41 64 Fl- - 4" SHEET 12 OF 15 SHEETS IN THE CITY OF LA OUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMENDMENT NO. 2 TRACT NO. 29894-2 TRACT NO. 29894 2 AS SHOWN BY MAP ON FILE IN BOOK 309 OF MAPS, PAGES IS THROUGH 50 INCLUSIVE, AND AMENDED TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AMENDING LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE, LOTS 1. A I. AND 'IN" OF TRACT 00. 29894-2 AND AMENDING LOTS 1, 2. AND 13, LOTS "0", "C', "V" (FTESUBDIVIDED AS LOT K' OF TRACT No 29894-3, V. 3 351 TT-48) "X". AND A PORTION OF LOT '0" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 25 SEE SEI711 1. 2 1� SIIIE'Tl S NOTI M ItTl MAP xx UANT NOTES. [ANENFIT NCII�l Al� '17 SEE SNEET DO 3 FAR SIATrME14' �l' PHANP AND 5IIEST NXI 2D LOT W GOLF o 'I A-1 z ,2 A .1. A, AD IN, A AN ,,EE A. IT OOLF� 5 11 11 I,ASI "M, MIN I, I `/1'o ON 6 A E'l/ ON 1 7 1? IN I .E, ET /A, N. (A-, w 1� 4P/ ol Lu cl) 4.t A LOT 'VI A AS LOT lo 9 OF MCIT W. 2MM 3, NI 361VW�) 10 '�s I NPT� 4. GOLF C"31F A2: lll� GRAPHIC ME 1 :1 �11 TED ,h '� T SHEET 13 OF 15 SHEETS N THE CITY Of LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AMEN6MENT NO. 2 TRACT NO. 29894-2 TRACT NO. 29894 2 AS SHOWN BY 14AP ON FILE IN BOOK 309 OF MAPS, PAGES 18 THROUGH 50, INCLUSIVE. AND AMENDED TRACT NO. 29894-2, AS SHOWN BY MAP ON FILE IN MAP BOOK 327, PAGES 56 THROUGH 88, INCLUSIVE, BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY. CALIFORNIA, IN SECTIONS 9 & 10, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN AMENDING LOTS 3 THROUGH 12, INCLUSIVE, LOTS 64 THROUGH 84, INCLUSIVE LOTS "A" AND "N" OF TRACT NO. 29894-2 AND AMENDING LOTS 1. 2, AND 13, LOTS "ID", "C', "V" (RESUBDIVIDED AS LOT "K DF TRACT N.. 29894-L, V B ��l AND A PORTION OF LOT "0" OF AMENDED TRACT NO. 29894-2. TETRA TECH, INC. APRIL 2004 \LAP, FF�-)C-f No, 29ED�-2 ms -C)q kVj\Jri, -1 T�l '-T rl -I- Tis ,Pao r tj 1�4 Al > - - - - - - - - - A J7 J4 T1 - S t Tj U, Ej\frlSD 7, RAC-F flll,, D," Ul G'CT "A' IMIL� A .pp L 777 "I A �All'i z C3 LOT -X- z c2 —111 11 .,,A Lu 11 Q) LLI c% PK A 0 _M;_1 ell A' I '-A LOT V A AS LOT X OF CT W. 298"-3. 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