Loading...
CC Resolution 2020-026 Codorniz Assoc Amend 1 Fee & CC&R'sRESOLUTION NO. 2020 – 026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING MODIFICATIONS TO CODORNIZ MAINTENANCE ASSOCIATION FEE AND FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATION OF EASEMENTS WHEREAS, on 3rd day of August, 2004, the City Council held a duly- noticed public hearing to consider a request of RJT Homes, LLC for a Specific Plan 2004-070 establishing design guidelines and development standards for the property located at the southeast corner of Avenue 52 and Jefferson Street, more particularly described as: APNs 772-410-021 and 772-410-022; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested person desiring to be heard, the City Council adopted Resolution No. 2004-085 approving Specific Plan 2004-070 for the reasons set forth in the resolution, subject to the attached Conditions of Approval; and WHEREAS, Condition of Approval No. 75 of said resolution sets certain requirements for the Declaration of Covenants, Conditions, and Restrictions and Reservation of Easements (CC&Rs) for the project, including the requirement that the CC&Rs shall be subject to the review and approval of the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. As of January 1, 2018, the baseline amount of the annual payment owing by the Codorniz Maintenance Association to the City is $264.21. SECTION 2. Commencing January 1, 2018, the annual payment shall be adjusted every year rather than every three years. SECTION 3. Adjustments (whether an increase or decrease) in the annual payment shall be based upon the 12-month average of the Consumer Price Index – All Urban Consumers, not seasonally adjusted, for Riverside-San Bernardino-Ontario (or successor Index) for the prior calendar year. Resolution No. 2020 – 026 Modification to Codorniz Maintenance Association Fee & First Amendment to Declaration of CC&Rs Adopted: July 21, 2020 Page 2 of 5 SECTION 4. Adjustments shall be calculated to three decimal points, rounding to the nearest hundredth. SECTION 5. The annual payment shall only accrue against Lots that have been sold by Declarant to a private third-party purchaser. The City shall calculate the annual payment pro rata from the date of sale of a Lot by Declarant through build out. Until all Lots have been sold by the Declarant, no later than January 31 of each year, the Codorniz Maintenance Association shall provide the City with the dates that any Lots were sold by Declarant during the prior calendar year. SECTION 6. Payment for the prior calendar year shall be billed by the City no later than March 1 of the following year. Payment by the Association shall be due no later than March 30. SECTION 7. The First Amendment to the CC&Rs for Codorniz Maintenance Association attached hereto as “Exhibit A” and incorporated by this reference, is hereby approved. SECTION 8. This Resolution and incorporated First Amendment to the CC&Rs shall go into effect upon adoption. SECTION 9. The City Manager is hereby authorized to execute, on behalf of the City of La Quinta, any agreements, amendments, or other implementing documents to effectuate the approval of this Resolution and the subject matter herein. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 21st day of July 2020, by the following vote: AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None Resolution No. 2020 – 026 Modification to Codorniz Maintenance Association Fee & First Amendment to Declaration of CC&Rs Adopted: July 21, 2020 Page 4 of 5 EXHIBIT A FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION, AND RESERVATION OF EASEMENTS CODORNIZ MAINTENANCE ASSOCIATION 1. Article I, Section 5(a) of the Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements (“Declaration”) is proposed to be amended as follows: Section 5. “Assessments” shall be used as a generic term which shall mean and refer to the following: (a) “Regular Assessment” shall mean and refer to an annual charge against each Owner and his respective Lot representing a portion of the Common Expenses of the Association. This Regular Assessment shall also include an annual mitigation payment to the City of for each Lot. The annual mitigation fee was imposed by the City as a condition of approval for the re-zoning of the development from commercial to medium-high density residential. Notwithstanding anything to the contrary herein, this payment shall not accrue until a Lot has been sold by the Declarant. As of January 1, 2018, the baseline amount of the mitigation fee is $264.21. Commencing January 1, 2018, the annual payment shall be adjusted every year based upon the 12-month average of the Consumer Price Index – All Urban Consumers, not seasonally adjusted, for Riverside-San Bernardino-Ontario (or successor Index) for the prior calendar year. Payment for the prior calendar year shall be billed by the City no later than March 1 of the following year. Payment by the Association shall be due no later than March 30. Resolution No. 2020 – 026 Modification to Codorniz Maintenance Association Fee & First Amendment to Declaration of CC&Rs Adopted: July 21, 2020 Page 5 of 5 2. Article XIX, Section 7(b) of the Declaration is proposed to be amended as follows: Section 7. Amendments. (b) Amendments by Association. Except as otherwise provided herein and all applicable provisions of law (e.g., the provisions of California Civil Code Section 1363.03 regarding secret ballots), this Declaration may be amended only by an affirmative vote of Owners representing not less than a majority of the Class A voting power and the Class b voting power of the Association. At such time when the Class B membership shall cease and be converted to Class A membership, any and all amendments to this Declaration shall be enacted by requiring the vote or written assent of Owners representing both: (a) a majority of the total voting power of the Association, and (b) a majority of the total votes of Members, other than the Declarant; provided, however, that the percentage of the voting power necessary to amend a specific provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under said provision, and no amendment of a provision of this Declaration which requires the approval or consent of Declarant may be made without the written approval of Declarant (e.g., provisions pertaining to the resolution of Disputes, Maintenance Guidelines, Maintenance Manual, Maintenance Recommendations, etc.). Any Owner or the Association may petition the Superior Court of the County where the Project is located for an order reducing the necessary percentage required under this Section to amend this Declaration; provided, however, that under no circumstances shall any provision requiring the consent of the Declarant be amended without such consent. The procedure for effecting this petition is set forth in Section 1356 of the California Civil Code, as the same may be amended, from time to time. 3. The remaining portions of the Declaration shall remain in full force and effect.