HomeMy WebLinkAbout03567 - RAMADA HOTEL KING LE TAJ TIMESHARE TM28020 PD233 Recording Ilarp,446d By *26494
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RECORDING REQUESTED BY: ) RECEIVED FOR RECORD
AT 2:00 O'CLOCK
AND WHEN RECORDED RETURN TO: )
JUL 13 1995
Re=ded n Odrcial Recmns
CITY CLERK ) of 0inrside C..nq.Cyilomla
CITY OF PALM SPRINGS ) y R�rder
P. O. Box 2743 ) •Fees$
Palm Springs, California 92263 )
John & Carole King - CC&Rs
PD 233 TM28020 Timeshares
1177 N Palm Cnyn (Prior
Ramada Hotel
AGREEMENT #3567
_f.M_s_i_nnedd_3-29�5—_—
MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
LE TAJ OF PALM SPRINGS
OWNERS' ASSOCIATION
226494
TABLE: OF CONTENTS
PAGE
I. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 1. Adjacent Owners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 2. Articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 3. Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 4. Association Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 5. Board of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 6. Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 7. Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 8. City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 9. Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 10. Common Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 11. Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 12. Condominium Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 13. Condominium Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 14. County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 15. Covered Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 16. Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 17. Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 18. Institutional Holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 19. Master Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 20. Master Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 21. Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 22. Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 23. Party Wall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 24. Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 25. Restricted Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 26. Sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 27. Trendwest Resorts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 28. Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
II. CREATION OF CONDOMINIUMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 1. Designation of Condominiums . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 2. Interest in Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3. Conveyance of Condominiums . . . . . . . . . . . . . . . . . . . . . . . . . . 6
III. RIGHTS OF ENJOYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 1. Association Members' Rights of Enjoyment . . . . . . . . . . . . . . . . . . 6
Section 2. Waiver of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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IV. USE RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 1. Commercial Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 2. Interior of Units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 3. No Obstruction of Common Area . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 4. Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 5. Utilities . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 6. Rules of the Master Association . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 7. Conduct in Units and Common Area . . . . . . . . . . . . . . . . . . . . . . 9
Section 8. Antennae . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 9. Window Covers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
V. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS . . . . . . . . . . . . . . . . . 9
Section 1. Association Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 2. Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 3. Voting Rights of Association Members . . . . . . . . . . . . . . . . . . . . . 9
Section 4. Election of Association Members of the Board of Directors . . . . . . . 10
VI. COVENANT FOR MAINTENANCE ASSESSMENTS . . . . . . . . . . . . . . . . . . 10
Section 1. Covenant to Pay Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 2. Purpose of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 3. Regular Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 4. Special Assessments for Capital Improvements . . . . . . . . . . . . . . . 11
Section 5. Notice and Quorum for Meetings Called Under Sections 3 and 4 . . . . 11
Section 6. Reimbursement Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 7. Reconstruction Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 8. Rate of Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 9. Date of Commencement of Regular Assessments; Due Dates . . . . . . . 12
Section 10. No Offsets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 11. Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 12. Pledge of Assessment Rights . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 13. Effect of Nonpayment of Assessments; Remedies of the Master
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
(a) Enforcement by Suit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
(b) Enforcement by Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 14. Subordination to Certain Trust Deeds . . . . . . . . . . . . . . . . . . . . . 14
VIl. MANAGEMENT OF THE MASTER ASSOCIATION . . . . . . . . . . . . . . . . . . . 14
Section 1. General Powers of the Master Association . . . . . . . . . . . . . . . . . . 14
Section 2. Contracts of the Master Association . . . . . . . . . . . . . . . . . . . . . . 14
Section 3. General Duties of Master Association . . . . . . . . . . . . . . . . . . . . . 14
Section 4. Maintenance of Buildings and Common Area by the Master
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 5. Repair and Maintenance of the Units by Owners . . . . . . . . . . . . . . 16
Section 6. Additional Restrictions on Power of the Board . . . . . . . . . . . . . . . 16
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Section 7. Limitation on Board Authority to Contract . . . . . . . . . . . . . . . . . . 16
Section 8. Maintenance of Public Utilities . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 9. Rights of Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 10. Master Association Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
VIII. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 1. Duty to Obtain Insurance; Types . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 2. Waiver of Claims Against Master Association . . . . . . . . . . . . . . . . 18
Section 3. Individual Fire Insurance Prohibited and Rights and Duty of Unit
Owner to Insure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Section 4. Notice of Expiration Requirements . . . . . . . . . . . . . . . . . . . . . . . 19
Section 5. Insurance Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 6. Trustee for Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 7. Actions as Trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 8. Annual Insurance Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 9. Required Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
IX. DESTRUCTION OF IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 1. Nonstructural Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Section 2. Condominium Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Section 3. Minor Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
X. PARTY WALLS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 1. Designation; Applicable Law . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 2. Destruction; Repair; Maintenance of Utilities . . . . . . . . . . . . . . . . 22
XI. TAXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
XIL PROHIBITION AGAINST PARTITION OR SEVERANCE OF UNIT FROM
INTEREST IN COMMON AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
XIII. RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES . . . . . . . . . . . . . 23
Section 1. Notices of Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 2. Rights of Institutional Holders Upon Foreclosure . . . . . . . . . . . . . . 24
Section 3. Consent of Institutional Holders . . . . . . . . . . . . . . . . . . . . . . . . 24
Section 4. Amendments to Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 5. Additional Rights of Institutional Holders . . . . . . . . . . . . . . . . . 25
Section 6. Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 7. Priority of Mortgage; Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 8. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 9. Priority on Distribution of Proceeds . . . . . . . . . . . . . . . . . . . . . . 26
XIV. EMINENT DOMAIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 1. Definition of Taking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Section 2. Representation by Board in Condemnation Proceeding . . . . . . . . . . . 26
Section 3. Award for Condominiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Section 4. Inverse Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 5. Awards for Owners, Personal Property and Relocation Allowances . . . 27
Section 6. Notice to Association Members . . . . . . . . . . . . . . . . . . . . . . . . . 27
XV. EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 1. Utility Easements .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 2. Encroachment Easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Section 3. Common Area Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 4. Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 5. Construction and Sales Easements . . . . . . . . . . . . . . . . . . . . . . . 28
Section 6. Establishment of Easements . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
XVI. MERGER OR CONSOLIDATION OF THE MASTER ASSOCIATION . . . . . . . . 28
XVII. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 1. Enforcement . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 2. Severability of Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 3. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 4. Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 5. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 6. Dissolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 7. Non-liability of Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 8. Violation of Master Declaration . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 9. Common Plan Master Declaration . . . . . . . . . . . . . . . . . . . . . . . 30
ARTICLE XVIIL PROVISIONS BENEFITTING THE CITY . . . . . . . . . . . . . . . . . 30
Section 1. Compliance With Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 2. Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 3. Enforcement by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Section 4. No City Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 5. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Section 6. Covenants Running With the Land . . . . . . . . . . . . . . . . . . . . . . . 32
Section 7. Agreement Between Declarant and City . . . . . . . . . . . . . . . . . . . . 32
Section 8. Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
LIST OF EXHIBITS:
EXHIBIT "A" — Legal Description of Covered Property
EXHIBIT "B" — Location of Public Parcel
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226494
MASTER DE.CLA'_RATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
LE TAJ OF PALM SPRINGS
OWNERS' ASSOCIATION
THIS MASTER DECLARATION is made thisotI day of AA4A L, 1995, by JOHN E. KING
and CAROLE D. KING(collectively referred to as "Declarant"), and the CITY OF PALM SPRINGS,
a municipal corporation ("City").
RECITALS
A. Declarant is the owner in fee of the real property described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Covered Property").
B. This Master Declaration is imposed by Declarant upon the Covered Property.
C. Declarant developed on the Covered Property a Condominium Project as defined in
Sections 783 and 1350 of the California Civil Code. This Master Declaration is being recorded against
the Covered Property in order to provide for its management as a residential use project and as a
commercial use project, and in order to enhance and protect its value, desirability and attractiveness.
In furtherance of these objectives, Le Taj of Palm Springs Owners' Association, a California nonprofit
mutual benefit corporation, or its agents, will manage the Project, maintain and administer the
Common Areas, and administer and enforce this Master Declaration, the Articles and Bylaws of the
Master Association, and perform such other acts as may benefit the Project.
D. The City has fee or easement interests in various streets, sidewalks and other property
within the City and the City is responsible for the planning and development of land within the City
in such a manner as to provide for the health, safety and welfare of the residents of the City. That
portion of the City's interest in real property most directly affected by this Declaration is depicted on
Exhibit "B" attached hereto and incorporated herein by reference ("Public Parcel").
E. Declarant and the City intend that, in exchange for the granting of a planned
development district approval by the City ("Governmental Approval"), the Declarant hold, sell, and
convey the Covered Property subject to the covenants, conditions, restrictions and reservations set
forth in this Declaration and that the City shall have the right and power to enforce the covenants,
conditions, restrictions and reservations to the extent provided herein.
NOW, THEREFORE, Declarant covenants and agrees that the Covered Property, the Project
and all of the Condominiums, including any Improvements added or constructed on or about the
Project in the future, shall be held, conveyed, assigned, hypothecated, encumbered, leased, used,
occupied and improved subject to the following limitations, restrictions, covenants and conditions, for
the purpose of creating the Condominium Project and of mutually benefiting the Covered Property,
T/13006.2/CC&RS.DLR/➢GG/022895/10:34a
r ,
226494
the Project and all of the Condominiums, and the future Owners thereof. All of the restrictions set
forth herein shall run with the land, and shall be binding upon and for the benefit of all parties having
or acquiring any right, title or interest in the Covered Property, the Project or any of the Condo-
miniums.
I.
DEFINITIONS
The following terms used in this Master Declaration are defined as follows:
Section 1. Adjacent Owners. The term "Adjacent Owners" shall mean and refer to Owners
whose Units are located in the same Condominium Building and are separated by a Party Wall.
Section 2. Articles. The term "Articles" shall mean and refer to the Articles of
Incorporation of the Master Association, which are filed in the Office of the Secretary of State of
California, as amended from time to time.
Section 3. Assessments. The following definitions shall apply to the assessments described
below:
(a) Regular Assessment shall mean the amount which is to be paid by each
Owner to the Master Association for Common Expenses as provided by the terms of
this Master Declaration.
(b) Special Assessment shall mean a charge against each Owner and his
Condominium, representing a portion of the cost to the Master Association for (1)
installation or construction of any capital Improvements on any of the Common Areas
which the Master Association may authorize pursuant to the provisions of this Master
Declaration, and (2) any Master Association undertaking for which funding is not
otherwise provided.
(c) Reimbursement Assessment shall mean a charge against a particular
Owner for the purpose of reimbursing the Master Association for costs incurred in
bringing the Owner and his Condominium into compliance with the provisions of this
Master Declaration, the Articles, Bylaws, or Master Association rules, or any other
charge designated as a Reimbursement Assessment in this Master Declaration or Master
Association rules, together with attorneys' fees and other charges payable by such
Owner, pursuant to the provisions of this Master Declaration.
(d) Reconstruction Assessment shall mean a charge against each Owner and
his Condominium representing a portion of the cost to the Master Association for
reconstruction of any portion of the Common Area pursuant to the provisions of this
Master Declaration.
T/11006.2/CC&RS.DLR/B(3G/022895/10:34= 2
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Section 4. Association Member. The term,"Association Member" shall mean and refer to
each Owner of a Condominium located on the Covered Property as provided in this Master
Declaration, the Articles and the Bylaws.
Section 5. Board of Directors. The term "Board of Directors" or "Board" shall mean and
refer to the duly elected Board of Directors of the Master Association.
Section 6. Bylaws. The term "Bylaws" shall mean the Bylaws of the Master Association,
as amended from time to time.
Section 7. Club. The term "Club" shall mean the association of Members who hold
memberships, WorldMark, The Club, a California nonprofit mutual benefit corporation, or its
successor.
Section 8. City. The City of Palm Springs, a municipal corporation.
Section 9. Common Area. The term "Common Area" shall mean all portions of the Project
except the Units, and shall include all common recreational facilities as well as all other land,
structures and facilities,within the Covered Property, all as specifically defined and described in the
recorded Condominium Plan for the Project.
Section 10. Common Expenses. The term "Common Expenses" shall mean and refer to the
actual and estimated costs of:
(a) maintenance, management, operation, repair and replacement of the
Common Area and all other areas on the Covered Property which are maintained by the
Master Association;
(b) unpaid Special, Reconstruction and Reimbursement Assessments;
(c) costs of management and administration of the Master Association,
including, but not limited to, compensation paid by the Master Association to managers,
accountants, attorneys and employees;
(d) the costs of utilities, trash pickup and disposal, gardening and other
services benefitting the Owners and their Condominiums to the extent such services are
paid for by the Master Association and not separately and individually billed directly
to Owners;
(e) the costs of fire, casualty, liability, worker's compensation and other
insurance covering the Common Area, the Project and the Master Association;
(f) the costs of any other insurance obtained by the Master Association;
(g) reasonable reserves as deemed appropriate by the Board;
T/110062/CC&RS.DLR/BGG/022895/10:34em 3
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(h) the costs of bonding of the members of the Board, any professional
managing agent or any other person handling the funds of the Master Association;
(i) any taxes paid by the Master Association;
0) amounts paid by the Master Association for discharge of any lien or
encumbrance levied against the Common Area or portions thereof;
(k) the costs incurred by other committees of the Master Association; and
p) such other costs or expenses incurred by the Master Association in
connection with the Common Area, this Master Declaration, the Articles or Bylaws or
in furtherance of the purposes of the Master Association or in the discharge of any
obligations imposed on the Master Association by this Master Declaration.
Section 11. Condominium. The term "Condominium" shall mean and refer to a fee simple
estate in the Covered Property defined as a "Condominium" pursuant to California Civil Code Section
783, and consisting of a separate interest in the Unit, and an undivided fractional interest as tenant in
common in the Common Area. Residential Condominiums shall be designated as one bedroom units,
two bedroom units, three bedroom units and studio units.
Section 12. Condominium Building. The term "Condominium Building" shall mean and refer
to a separate building containing two or more Units. Each Condominium Building shall be separately
identified on the Condominium Plan for the Project.
Section 13. Condominium Plan. The term "Condominium Plan" shall mean that certain
Condominium Plan or Plans and any amendments thereto recorded by Declarant for this Project. In
interpreting conveyances, declarations and plans, the existing physical boundaries of a Unit
constructed, or reconstructed, in substantial accordance with the Condominium Plan shall be
conclusively presumed to be its boundaries rather than the description expressed in any such
conveyance, declaration or plan, regardless of settling or lateral movement of the building and
regardless of minor variances between boundaries as shown on the plan or in the conveyance or Master
Declaration and those of the building as constructed.
Section 14. County. The term "County" shall mean and refer to Riverside County,
California.
Section 15. Covered Property. The term "Covered Property" shall mean and refer to all of
the real property described in Exhibit "A" attached hereto.
Section 16. Declarant. The term "Declarant" shall mean John E. King and Carole D. King,
developers of the Project, and their successors and assigns.
Section 17. Improvements. The term "Improvements" shall include buildings, outbuildings,
driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, hedges, windbreaks,
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plantings, trees and shrubs, poles, signs and 01 other structures and landscaping Improvements of
every type and kind on the Project.
Section 18. Institutional Holder. The term "Institutional Holder " shall mean and refer to
any beneficiary of a deed of trust or mortgagee of a mortgage which encumbers a Condominium and
which is a bank or savings and loan association or established mortgage company or other entity
chartered under federal or state laws, any corporation or insurance company, any federal or state
agency, and shall also include Declarant or any entity affiliated with Declarant to the extent that it or
they become beneficiaries under a Mortgage or deed of trust securing all or a portion of the purchase
price of a Condominium.
Section 19. Master Association. The term "Master Association" shall mean and refer to Le
Taj of Palm Springs Owners' Association, a California nonprofit mutual benefit corporation, its
successors and assigns.
Section 20. Master Declaration. 'The term "Master Declaration" shall mean this Master
Declaration of Covenants, Conditions and Restrictions for the Le Taj of Palm Springs Owners'
Association.
Section 21. Mortgage. The term "Mortgage" shall mean and refer to any duly recorded and
valid mortgage or deed of trust encumbering a Condominium.
Section 22. Owner. The term "Owner" shall mean and refer to one or more persons or
entities holding the fee simple interest in any Condominium, excluding those having such interest
merely as security for the performance of an obligation.
Section 23. Party Wall. The term "Party Wall" shall mean a common wall which divides
two Units and serves as a common wall between adjacent Units in a Condominium Building. A Party
Wall shall be considered to adjoin and abut against the surface from the bottom of the foundation over
the full length and height of each Condominium Building.
Section 24. Project. The term "Project" shall mean and refer to all of the Covered Property,
together with all of the Condominiums, the Common Area, and all Improvements located upon the
Covered Property.
Section 25. Restricted Common Area. The term "Restricted Common Area" shall mean and
refer to those portions of the Common Area ito which an exclusive right to use is granted to an Owner,
as shown and described on the Condominium Plan, consisting of patios (with respect to Condominiums
located on the ground floor of a Condominium Building) and balconies (with respect to Condominiums
located on the second floor of a Condominium Building). In the event that a discrepancy exists
between the location or dimensions of the Restricted Common Area as depicted on the Condominium
Plan and as actually constructed, the Restricted Common Area shall be limited to that area actually
enclosed within patio walls (where the Restricted Common Area consists of a patio), it being
understood that the actual location of such patio walls may vary somewhat from the Condominium Plan
due to unforeseen requirements of or decisions made during construction.
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Section 26. Sale. The term "Sale" as used,herein shall mean the conveyance for value by
an Owner of the fee simple interest in a Condominium.
Section 27. Trendwest Resorts. The term "Trendwest Resorts" shall mean Trendwest
Resorts, Inc., an Oregon corporation.
Section 28. Unit. The term "Unit" shall mean and refer to those elements of a Condominium
excluding rights in the Common Areas, as more particularly described in the recorded Condominium
Plan.
II.
CREATION OF CONDOMINIUMS
Section 1. Designation of Condominiums. Declarant, in order to establish a plan of
Condominium ownership for the Project, hereby divides the Project into the following:
(a) Sixty-seven (67) designated and legally described Condominium Units,
of which sixty-four (64) are residential use Condominiums, and three (3) are
commercial use Condominiums, which are shown, defined and described on the
recorded Condominium Plan for the Project.
(b) The Common Area consisting of the remainder of the Project, excepting
the Units.
Section 2. Interest in Common Area. Acquisition of a fee interest in a Condominium by
an Owner shall entitle such Owner to use and enjoy all of the Common Areas within the Project during
the term of such Owner's ownership, provided that the recreational facilities shall be for the use of
the residential Condominium Owners and users alone. Each conveyance of a Condominium shall also
convey an undivided fractional interest in the Common Area even though the conveyance document
may omit reference to the interest in the Common Area.
Section 3. Conveyance of Condominiums. Declarant shall transfer the residential use
Condominiums to the Club. Declarant shall transfer the commercial use condominiums to Trendwest
Resorts, Inc., an Oregon corporation.
III.
RIGHTS OF ENJOYMENT
Section 1. Association Members' Rights of Enjoyment. Every Association Member shall
have a nonexclusive easement for use and enjoyment of the Common Area, which shall be appurtenant
to and pass with title to each Condominium, subject to all of the easements, covenants, conditions,
restrictions and other provisions contained in this Master Declaration, including, without limitation,
the following:
(a) The right of the Club, as a successor-in-interest to Declarant and the
successor Owner of all residential use Condominiums, to record a Declaration of
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Vacation Owner Program for WorldMark, The Club, and to include the Covered
Property in the Club's vacation owner program as will be more fully described in such
Declaration of Vacation Owner Program, as may be amended from time to time. The
Club's operation of the vacation owner program shall at all times be deemed a
residential use;
(b) The right of the Master Association to establish uniform rules and
regulations pertaining to the use of the Common Area and any recreational facilities
thereon;
(c) The right of the Master Association, upon the vote or written assent of
two-thirds (2/3) of the voting power of the Association Members, to borrow money for
the purpose of improving the Common Area and any Improvements thereon and(subject
to the rights of Institutional Holders described in Article XIV) to mortgage, pledge,
deed in trust, or hypothecate any or all of its real or personal property as security for
money borrowed or debts incurred;
(d) Subject to the rights of Institutional Holders described in Article XIV,
the right of the Master Association to dedicate, release, alienate, transfer or assign an
interest in the Common Area to any public agency, authority, utility or other person for
such purposes and subject to such conditions as may be agreed to by the Association
Members. No such dedication, release, alienation, transfer or assignment shall be
effective unless an instrument is signed by Association Members entitled to cast at least
two-thirds (2/3) of the voting power of the Master Association, agreeing to such
dedication, release, alienation or transfer has been recorded;
(e) The rights and reservations of Declarant as set forth in this Master
Declaration;
(f) The right of the Board to suspend the rights and easements of use and
enjoyment of the recreational facilities, if any, located on the Common Area, of any
Association Member, and the persons deriving such rights and easements from any
Association Member, for any period during which the payment of any assessment
against such Association Member and his Condominium remains delinquent; and, after
notice and hearing with an opportunity to be heard, to impose monetary penalties or
suspend such use rights and easements for a reasonable period of time as determined
by the Board for any violation of this Master Declaration, the Articles, Bylaws or rules
and regulations of the Master Association, it being understood that any suspension for
either nonpayment of any assessment or breach of such restrictions shall not constitute
a waiver or discharge of the Association Member's obligation to pay assessments or
comply with the restrictions;
Section 2. Waiver of Use. No Association Member may exempt himself from personal
liability for assessments duly levied by the Master Association, or release his Condominium from the
liens, charges and other provisions of this Master Declaration, the Articles, Bylaws and Master
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Association rules, by waiver of the use and enjoyment of the Common Area or the abandonment of
his Unit.
IV.
USE RESTRICTIONS
In addition to all other covenants contained herein, the use of the Project, each Unit and the
Common Area is subject to the following:
Section 1. Commercial Use. The commercial or non-residential use of a Unit shall be
limited to the use of Unit Cl for administrative and maintenance support, Club membership sales and
operations at the Covered Property, the use of Unit C2 as a bar and cocktail lounge, and the use of
Unit C3 as a restaurant; provided, however, that the Master Association shall have the right to provide
or authorize commercial or non-residential use on the Common Area as it deems appropriate for the
enjoyment of the Common Area or for the benefit of the Association Members.
Section 2. Interior of Units. Each Owner shall have the exclusive right to make alterations,
Improvements and modifications to the Unit interiors, and shall be required to paint, repaint, tile, wax,
paper or otherwise refinish and decorate the inner surface of the walls, ceilings, floors, windows and
doors bounding his own Unit and otherwise: maintain the Unit in a neat, clean, orderly, safe, sanitary
and attractive condition.
Section 3. No Obstruction of Common Area. There shall be no obstruction of the Common
Area nor shall anything be stored in the Common Area without the prior written consent of the Board;
provided, however, that personal property and fixtures consistent with the use of any Restricted
Common Area may be maintained by Owners upon such Restricted Common Area, subject to such
limitations as rules and regulations adopted by the Board may impose. Nothing shall be altered or
constructed in or upon or removed from the Common Area, except upon the prior written consent of
the Board.
Section 4. &M. No sign, poster, billboard, advertising device or other display of any kind
shall be displayed so as to be visible from outside any portion of the Project, except such signs as may
be used by Trendwest Resorts, in connection with the sale of Club memberships, signs as may be used
by Declarant in connection with the operation of the Club, and signs as may be used by the Owners
of the commercial use Condominiums in connection with the operation of the restaurant, bar and
cocktail lounge.
Section 5. Utilities. Each Owner shall be obligated to pay any and all assessments for
sewage, electricity, other utilities, taxes and other charges assessed individually against his Unit.
Section 6. Rules of the Master Association. Each Owner, tenant or occupant of a Unit shall
comply with the provisions of this Master Declaration, the Bylaws, decisions, rules and regulations
of the Master Association or its duly authorized representatives which may from time to time be
promulgated. Failure to comply with any such provisions, decisions, or resolutions, shall be grounds
for an action to recover sums due, for damages, for injunctive relief, or for any other remedy
permitted by law or by the terms of this Master Declaration.
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Section 7. Conduct in Units and Common Area. No Unit or the Common Area shall be
occupied or used for any purpose or in any manner which shall cause either to be uninsurable against
loss by fire or the perils of the extended coverage endorsement of the California Standard Fire Policy
form, or cause any policy of insurance to be cancelled or suspended or the company issuing the same
to refuse renewal thereof. No Unit shall be used in such a manner as to obstruct or interfere with the
enjoyment of occupants of other Units or annoy them by unreasonable noises or otherwise, nor shall
any nuisance be committed or permitted to occur in any Unit or upon the Common Area.
Section 8. Antennae. No television, radio, or other electronic antenna or device of any type
shall hereafter be erected, constructed, placed or permitted to remain on any Condominium Building,
unless it was a part of the building as originally constructed or until it has been approved in writing
by the Board, or unless it is fully contained within a Unit.
Section 9. Window Covers. Curtains, drapes, shutters or blinds may be installed as window
covers. No window shall be covered with aluminum foil or similar material.
V.
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Association Membership. Every Owner shall automatically, upon becoming the
Owner of a Condominium, be an Association Member of the Master Association, and shall remain an
Association Member until its ownership ceases for any reason, at which time its membership in the
Master Association shall automatically cease. Ownership of a Condominium shall be the sole
qualification for membership in the Master Association; provided, however, that an Association
Member's voting rights or privileges to use the Common Area, or both, may be regulated or
suspended as provided in this Master Declaration, the Bylaws or Master Association rules. All
memberships shall be appurtenant to the Condominium conveyed, and with the exception of Declarant,
a person or entity shall be deemed an Owner of a Condominium only upon recordation of a deed
conveying the Condominium to him.
Section 2. Transfer. The Association Membership held by any Owner shall not be
transferred, pledged or alienated in any way, except upon the conveyance or encumbrance of his
Condominium, and then only to the transferee or Mortgage holder of the Condominium. Any attempt
to make a prohibited transfer is void, and will not be reflected upon the books and records of the
Master Association. In the event an Owner fails or refuses to transfer the membership registered in
his name to the transferee of such Condominium, the Board may record the transfer upon the books
of the Master Association.
Section 3. Voting Rights of Association Members. At all meetings of the Association
Members, only one (1) vote shall be cast for each of the Condominiums. Any Owner, including
Declarant, who owns more than one (1) Unit may cast one (1) vote for each Unit owned. Except for
voting on actions to enforce bonded obligations of the Declarant, wherever in this Master Declaration
there is a prescribed majority of votes other than Declarant, the vote or written assent of the prescribed
majority of the voting power of the Master Association, as well as the vote or written assent of the
prescribed majority of the total voting power of Association Members other than Declarant, shall be
required.
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When more than one (1) person holds an interest in any Condominium, all such persons shall
be Association Members, and the vote for such Condominium shall be exercised as they among
themselves determine, but in no event shall more than a single vote be cast with respect to any
Condominium. The Master Association shall not be required to recognize the vote or written assent
of a co-Owner unless that co-Owner is designated in a writing executed by all such co-Owners and
delivered to the Master Association.
Section 4. Election of Association Members of the Board of Directors. The above
provisions notwithstanding, at each annual meeting, the Association Members, excluding the vote of
the Declarant, shall be entitled to elect at least one member of the Board of Directors even though such
Association Members are otherwise insufficient in number to do so. A director who has been elected
solely on votes of Association Members other than Declarant may be removed from office prior to the
expiration of his term of office only by the vote of at least a simple majority of the voting power
residing in Association Members other than Declarant.
VI.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Covenant to Pay Assesisments. Declarant, for each Condominium owned within
the Project, hereby covenants, and each Owner of any Condominium, by acceptance of a conveyance
therefor (whether or not it is expressed in such conveyance), is deemed to covenant and agree to pay
to the Master Association: (1) Regular Assessments or charges, (2) Special Assessments, (3)
Reimbursement Assessments, and (4) Reconstruction Assessments, all such assessments to be
established and collected as hereinafter provided. Each of these assessments, together with interest,
costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the
Owner of such Condominium at the time the assessment became due. The personal obligation for
delinquent assessments shall not pass to such person's successors in interest unless expressly assumed
by them.
Section 2. Purpose of Assessments. The assessments levied by the Master Association shall
be used exclusively to promote the recreation, health, safety and welfare of the residents of the Project
and for the improvement, operation and maintenance of the Common Area and the Project and the
performance of the duties of the Master Association as set forth in this Master Declaration, the Articles
and Bylaws.
Section 3. Regular Assessments. The amount and time of payment of Regular Assessments
against each Condominium shall be determined by the Board, giving due consideration to the current
maintenance costs and future needs of the Master Association. Not later than sixty (60) days prior to
the beginning of each fiscal year, the Board shall estimate the total Common Expenses to be incurred
for the upcoming fiscal year, and shall determine the amount of Regular Assessments to be paid by
each Association Member. Written notice of the amount of the Regular Assessment for the year shall
be sent to each Association Member, who shall thereafter pay the Regular Assessment to the Master
Association in monthly installments unless some other period for collection is established by the Board.
In the event that the Board at any time determines that the estimate of total charges for the current year
is or will become inadequate to meet all Common Expenses for any reason, it shall immediately
determine the approximate amount of such inadequacy and issue a supplemental estimate of the
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Common Expenses and determine a revised amount,of Regular Assessments for each Association
Member, and the date or dates when due. Regular Assessments against each Condominium shall not
be increased more than twenty percent (20%) over the Regular Assessments for the preceding year
without the vote or written consent of a majority of the total voting power of the Master Association
(excluding the voting power of the Declarant).
Section 4. Special Assessments for Capital Improvements. In addition to the Regular
Assessments authorized above, the Master Association may levy, in any fiscal year, a Special
Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of
any construction, repair or replacement (other than due to destruction) of a capital Improvement upon
the Common Area and the Project, including fixtures and personal property related thereto, or any
other action or undertaking on behalf of the Master Association, to the extent the same is not covered
by the provisions affecting Reconstruction Assessments described below. Any such assessment for all
Condominiums for the fiscal year in the aggregate in excess of five percent (5%) of the budgeted gross
expenses of the Master Association for that fiscal year must first be approved by the vote or written
assent of a majority of the voting power of the Master Association residing in Association Members
other than the Declarant at a meeting duly called for this purpose. The foregoing limitation on Special
Assessments shall not apply to any Reimbursement Assessment which is authorized by this Master
Declaration.
Section 5. Notice and Ouorum for Meetings Called Under Sections 3 and 4. Written notice
of any meeting called to approve an increase in Regular Assessments greater than twenty percent
(20%) or Special Assessments in excess of five percent (5%) of the budgeted gross expenses for the
fiscal year shall be sent to all Association Members not less than ten (10) days nor more than sixty
(60) days in advance of the meeting. At any such meeting, the presence of Association Members or
of proxies entitled to cast fifty-one percent ('i 1%) of the voting power of the Master Association other
than the Declarant shall constitute a quorum. If the required quorum is not present, another meeting
may be called subject to the same quorum requirement.
Section 6. Reimbursement Assessments. The Master Association may levy a Reimburse-
ment Assessment against any Owner who fails to comply with the provisions of this Master
Declaration, the Articles or Bylaws, or any rule or regulation adopted by the Master Association, if
such failure results in the expenditure of monies by the Master Association in carrying out its functions
hereunder or for purposes of collecting any fines which may be levied by the Master Association.
Such assessment shall also be for the purpose of reimbursing the Master Association for any costs
incurred by the Master Association on behalf of an individual Owner. A Reimbursement Assessment
shall be due and payable to the Master Association when levied but may not become a lien as provided
by Section 14(b) of this Article VI which could otherwise be enforced by a sale of the Owner's
Condominium.
Section 7. Reconstruction Assessments. Assessments for reconstruction of Improvements
upon the Common Area may be levied in accordance with the provisions of that Article below entitled
"DESTRUCTION OF IMPROVEMENTS."
Section 8. Rate of Assessment. Regular and Special Assessments shall be fixed for all
Condominiums Units (including those owned by Declarant) and shall be levied against each Owner
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according to the ratio of 1/67th for each residential and commercial Unit. This ratio is set on the basis
of the anticipated use of the Common Area. Since it is not anticipated that the commercial Units will
use that portion of the Common Area improved as recreational facilities and hallways between
residential Units, the assessments against the commercial Units are the same as the assessments against
the residential Units, although the square footage of the commercial Units may be greater than the
square footage of the residential Units.
Section 9. Date of Commencement of Regular Assessments: Due Dates. The Regular
Assessments described herein shall commence as to all Condominiums, including those owned by
Declarant, on the first day of the month following the conveyance of the first Condominium by
Declarant to an Owner.
Section 10. No Offsets. All assessments shall be payable in the amount specified and no
offset against such amount shall be permitted for any reason, including, without limitation, a claim that
the Master Association is not properly exercising its duties and powers as provided in this Master
Declaration.
Section 11. Reserves. Regular Assessments shall include reasonable amounts as determined
by the Board collected as reserves for the future periodic maintenance, repair or replacement of all or
any portion of the Common Area that must be repaired or replaced on a periodic basis, or any other
purpose as determined by the Board.
Section 12. Pledge of Assessment Riehts. The Master Association shall have the power to
pledge to exercise its assessment powers to obtain funds to repay a debt of the Master Association;
provided, however, that any such pledge shall require the prior affirmative vote or written assent of
not less than seventy-five percent (75%) of the voting power of the Association Members at a meeting
duly called and noticed pursuant to the provisions of the Bylaws dealing with Special Meetings of
Association Members. The Master Association may levy Special Assessments against the Association
Members to obtain such funds. Upon the failure of any Association Member to pay such a Special
Assessment when due, the Master Association may exercise all of its rights, including, without
limitation, the right to foreclose its lien, pursuant to the further provisions of this Master Declaration.
Section 13. Effect of Nonpayment of Assessments: Remedies of the Master Association.
Each Owner upon becoming an Owner of any Condominium, covenants and agrees to pay to the
Master Association all of the assessments provided for in this Master Declaration and further agrees
to the enforcement of all such assessments in the manner herein specified. In the event an attorney
is employed for collection of any assessment, whether by suit or otherwise, or to enforce compliance
with the terms and conditions of this Master Declaration, each Owner shall be liable for reasonable
attorneys' fees and costs thereby incurred in addition to any other amounts due or any other relief or
remedy obtained against such Owner. Any assessment or installment thereof not paid within thirty
(30) days after the date on which it became due shall bear interest from the date of delinquency at the
rate of ten percent (10%) per annum, and a late charge of Ten Dollars ($10.00) shall be assessed. In
addition to any other remedies provided herein or available at law or in equity, the Board or its
authorized representative, may enforce the obligations of the Owners to pay the assessments provided
for in this Master Declaration by either or both of the following procedures:
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(a) Enforcement by Suit. By commencement and maintenance of suit at law
against any Owner personally obligated to pay assessments for such delinquent
assessments. Any judgment rendered in any such action shall include the amount of the
delinquency, together with interest thereon, costs of collection, court costs and
reasonable attorneys' fees in such amount as the court may adjudge against the
delinquent Owner. Suit to recover a money judgment for unpaid assessments shall be
maintainable without foreclosing or waiving the lien hereinafter described. The remedy
provided in this paragraph shall be the exclusive manner of enforcing payment of
delinquent Reimbursement Assessments.
(b) Enforcement by Lien. The Board may record, or cause to be recorded,
a Notice of Assessment with respect to the Condominium as to which assessments are
delinquent. The Notice of Assessment shall be recorded in the Recorder's Office of the
County and shall set forth all assessments (other than Reimbursement Assessments)
which have become delinquent as of the date of recordation thereof, together with all
costs, attorneys' fees, late charges and interest accrued thereon. The Notice of
Assessment shall also set forth a description of the Condominium with respect to which
it is recorded and the name of the record Owner thereof and shall be signed by any
officer of the Master Association, or by any authorized representative of the Board.
Immediately upon recordation of a Notice of Assessment, the amounts set forth in said
Notice, together with the sums becoming due and payable in accordance with this
Master Declaration after the date of recordation of the Notice, shall be and become a
lien upon the Condominium described in the Notice, which lien shall be immediately
due and payable.
Such a lien shall have priority over all liens or claims created subsequent to the
recordation of the claim of lien thereof, except for liens for real property taxes and
assessments in favor of any governmental assessing unit. Any such lien may be
foreclosed by appropriate action in court or in the manner provided by the California
Civil Code Sections 2924, et SeMc ., for the foreclosure of a deed of trust with power of
sale, or in any other manner permitted by law. The Master Association shall have the
power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage
and convey any Condominium. Upon the timely curing of any default for which a
Notice of Assessment was filed, by payment of all sums secured by the lien, the Board
shall cause an appropriate release of such lien to be recorded in the Recorder's Office
of the County.
No Owner may waive or otherwise escape liability for the assessments described
in this Master Declaration by non-use of the Common Area or any other part of the
Project, or abandonment of his Condominium. Notwithstanding anything contained in
this Master Declaration to the contrary, no action may be brought to foreclose the lien
created by recordation of a Notice of Assessment, whether judicially, by power of sale,
or otherwise, until the expiration of ten (10) days after a copy of said Notice, showing
the date of recordation thereof, has been mailed to the Owner of the Condominium
which is described in such Notice.
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Section 14. Subordination to Certain Trust Deeds. The lien for the assessments described
herein shall only be subordinate to the lien of a first Mortgage, given and made in good faith and for
value, that is of record as an encumbrance against such Condominium prior to the recordation of a
Notice of Assessment. The Sale or transfer of any Condominium shall not affect the assessment lien
described herein, nor shall such Sale or transfer diminish or defeat the personal obligation of any
Owner for delinquent assessments. However, the sale or transfer of any Condominium pursuant to
a judicial foreclosure or foreclosure by power of sale of a first encumbrance shall extinguish any
assessment lien recorded prior to the time of such sale or transfer. Following a foreclosure, the
interest of any purchaser at such foreclosure We shall be subject to all assessments becoming due after
the date of such Sale or transfer, and in the event of nonpayment of such assessments, shall be subject
to all of the remedies described in this Master Declaration. For the purpose of this Section 15, a sale
or transfer of a Condominium shall occur on the date of recordation of a deed to the Condominium
evidencing the conveyance of record ownership of the Condominium.
VII.
MANAGEMENT OF THE MASTER ASSOCIATION
Section 1. General Powers of the Master Association. All powers relating to the
management, operation and maintenance of the Common Area, as well as certain rights, duties and
powers relating to the individual Units, shall be vested in the Master Association and in its Board of
Directors. The specific and primary purposes and powers of the Master Association and the Board
are to provide architectural control of, manage and maintain the Project and the Common Area and
to enforce the provisions of this Master Declaration, the Articles and Bylaws, and any other
instruments relating to the management and control of the Master Association. The Master Association
may do any and all other acts and things that a nonprofit mutual benefit corporation is empowered to
do, which may be necessary, convenient or desirable in the administration of its affairs and in order
to carry out the duties described in this Master Declaration. The Master Association, through its
Board of Directors, shall have the authority to delegate its powers to committees, officers of the
Master Association and its employees.
Section 2. Contracts of the Master Association. The Master Association shall have the right
and power to employ or engage a manager and other employees or agents and contract for such
services, labor and materials as it may deem reasonably necessary to operate and maintain the
Common Area and the improvements thereon and to discharge its other duties.
Section 3. General Duties of Master Association. In addition to the duties and powers
enumerated in its Articles and Bylaws, or elsewhere described herein, and without limiting the
generality thereof, and subject to the limitations set forth in Sections 7 and 8 of this Article, the Master
Association acting through the Board shall:
(a) Maintain and otherwise manage all of the Common Area and all facilities,
Improvements and landscaping within the Project;
(b) Procure and maintain public liability and fire insurance with extended
coverage on the Units and the Common Area as required by the terms of this Master
Declaration. The Board shall also have the authority to procure and maintain any other
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type of insurance which the Board determines is in the best interest of the Master
Association and its Association Members;
(c) Obtain, for the benefit of the Common Area and the Units, all water, gas
and electric services and refuse collection, unless such services are separately charged
and metered to the individual Owners;
(d) Pay taxes and assessments which are or could become a lien on the
Common Area, or some portion thereof;
(e) Prepare budgets and financial statements for the Master Association and
its Association Members as prescribed in the Bylaws;
(f) Initiate and pursue disciplinary proceedings against Association Members
for violations of provisions of this Master Declaration, the Articles or Bylaws, in
accordance with the procedures set forth in this Master Declaration; and
(g) Subject to approval by a majority vote of Association Members, borrow
money and incur indebtedness for the purposes of the Master Association and cause to
be executed and delivered therefor, in the Master Association's name, promissory notes,
bonds, debentures, deeds of trust, mortgages, pledges or other evidences of debt and
security.
Section 4. Maintenance of Buildings and Common Area by the Master Association. The
Master Association shall provide exterior maintenance of each Condominium Building as follows:
(a) The Master Association shall maintain in good repair all exterior surfaces
including, but not limited to, the exterior walls and roof. The Owner of each Unit shall
maintain in good repair all other surfaces, parts and portions abutting the Unit.
(b) Such exterior maintenance shall not include: window glass, interior
doors, including locks, latches, weather stripping and thresholds, interior building
surfaces, stoppage of drains when attributable to a specific Unit, Improvements within
the Restricted Common Area, if any, air conditioners or any repairs or replacements
arising out of or caused by the willful or negligent act of the Owner, his family, guests
or invitees. Such excluded items shall be the responsibility of the Owner of each Unit.
The Master Association shall provide landscaping and gardening services for all
Common Areas and shall assure that all landscaping is properly irrigated, trimmed and
maintained. The Master Association shall repair and maintain all recreational facilities
within the Common Area in a neat, clean, orderly, safe, sanitary and attractive
condition.
(c) The Master Association shall maintain all fire protection equipment
located on the Common Area including, but not limited to, fire stand pipes, fire alarms
and smoke detectors. Fire protection equipment located within a Unit shall be
maintained by the Owner of the Unit.
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Section 5. Renair and Maintenance,of the,Units by Owners. Each Owner shall maintain,
repair, replace, remodel and restore all portions of his Unit including, without limitation, all window
glass, the interior walls, ceilings, windows, floors and doors in a clean, sanitary and attractive
condition, and shall also be responsible for the maintenance and repair of the plumbing, electrical and
heating systems servicing his Unit and located within the outside perimeter of the exterior bearing
walls of the Condominium Building. All repairs and maintenance effected pursuant to this section shall
be subject to such rules as the Master Association may establish. If any Owner fails to maintain or
make the repairs or replacements which are the responsibility of such Owner then, upon vote of a
majority of the Board, and after not less than thirty (30) days notice to the Owner, the Master
Association shall have the right(but not the obligation) to enter the Unit and provide such maintenance
or make such repairs or replacements, and the cost thereof shall be a Reimbursement Assessment
chargeable to such Condominium and payable to the Master Association by the Owner thereof.
Section 6. Additional Restrictions on Power of the Board. The Board shall be prohibited
without the prior vote or written consent of a majority of the voting power of the Master Association
(excluding the voting power of the Declarant), from doing any of the following: (i) incurring
aggregate expenditures for capital Improvements to any portion of the Project in any fiscal year in
excess of five percent (5%) of the budgeted gross expenses of the Master Association for that fiscal
year; or (ii) selling during any fiscal year property of the Master Association having an aggregate fair
market value greater than five percent (5%) of the budgeted gross expenses of the Master Association
for that fiscal year; (iii) paying compensation to directors or officers of the Master Association for
services performed in the conduct of the Master Association's business; provided, however, that the
Board may cause a director or officer to be reimbursed for expenses incurred in carrying on the
business of the Master Association; or (iv) filling a vacancy on the Board created by the removal of
a director:
Section 7. Limitation on Board Authority to Contract. The Board shall not enter into any
contracts for goods or services with a duration greater than one (1) year without the vote or written
consent of a majority of the voting power of the Master Association residing in Association Members
other than Declarant with the following exceptions: (i) a management contract; (ii) a contract with a
public utility company if the rates charged for the materials or services are regulated by the Public
Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest
term for which the supplier will contract at the regulated rate; (iii) prepaid casualty and/or liability
insurance policies of not to exceed three (3) years duration, provided that the policy provides for short
rate cancellation by the insured; or (iv) lease agreements for laundry room fixtures and equipment of
not to exceed five (5) years duration, provided that the lessor under the agreement is not an entity in
which the Declarant has a direct or indirect ownership interest of ten percent (10%) or more.
Section 8. Maintenance of Public Utilities. Nothing contained herein shall require or
obligate the Master Association to maintain, replace or restore the underground facilities of public
utilities which are located within easements in the Common Area. However, the Master Association
shall take such steps as are necessary or convenient to ensure that such facilities are properly
maintained, replaced or restored by such public utilities.
Section 9. Rights of Entrv. Each Owner grants to all other Owners within the Project an
easement and right to enter each Unit or to have utility companies or repairmen enter such Units in
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order to repair the plumbing, heating and electrical systems located thereon. The Master Association,
through its agents or employees, shall have a limited right of entry in and upon all Units for the
purpose of inspecting the Project, and taking whatever corrective action may, after approval by a two-
thirds (2/3) vote of the Board, be deemed necessary or proper by the Board, consistent with the
provisions of this Master Declaration. However, nothing herein shall be construed to impose any
obligation upon the Master Association to maintain or repair any property or portion of a Unit to be
maintained or repaired by the Owner thereof.
Nothing in this Article shall in any manner limit the right of an Owner to the exclusive
occupancy and control of his Unit. Entry into a Unit by another Owner or the Master Association for
other than emergency repairs shall be made only after three (3) days notice has been given to the
Owner, shall be made with as little inconvenience as possible to the Owner and any damage caused
thereby shall be repaired by the entering party. In case of an emergency, the right of the Master
Association or another Owner, or an agent or employee on their behalf, to enter into a Unit shall be
immediate; provided, however, that such entry shall be made with as little inconvenience as possible
to the Owner and any damage caused thereby shall be repaired by the entering party. No party shall
be liable for failing to exercise this right of entry during any emergency.
Section 10. Master Association Rules. The Board shall have the power to adopt, amend and
repeal such rules and regulations as it deems reasonable which may include the establishment of a
system of fines and penalties enforceable as a Reimbursement Assessment. The Master Association
rules shall govern matters in furtherance of the purposes of the Master Association, including, without
limitation, the use of the Common Area; provided, however, that the Master Association rules may
not discriminate among Owners, and shall not be inconsistent with this Master Declaration, the Articles
or Bylaws. A copy of the Master Association rules as they may from time to time be adopted,
amended or repealed or a notice setting forth the adoption, amendment or repeal of specific portions
of such rules shall be delivered to each Owner. The Master Association rules shall have the same
force and effect as if they were set forth in and were part of this Master Declaration and shall be
binding on the Owners and their successors in interest, whether or not actually received by them.
VIII.
INSURANCE
Section 1. Duty to Obtain Insurance: Tunes. The Board of Directors, on behalf of the
Master Association, shall obtain and continue in effect the following types and policies of insurance:
(a) Liability insurance against death, bodily injury and property damage
arising out of or in connection with the use, ownership or maintenance of the Common
Areas or the Units of the Project. The amounts of such public liability insurance shall
be determined by the Board, but shall not be less than $500,000/$1,000,000 for
personal injury and $100,000 for property damage. The liability insurance policy must
provide as follows:
(i) All Owners as a class are named as additional insureds in
a policy issued to the Master Association; and
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(ii) The waiver by the insurer of its right to subrogation under
the policy against any Owner or any member of such Owner's house-
hold.
In addition, such policy of public liability insurance covering the Common Area shall
contain a "Severability of Interest" endorsement which shall preclude the insurer from
denying the claim of any Owner because of negligent acts of the Master Association or
other Owners.
(b) Casualty insurance and fire insurance with extended coverage, in an
amount equal to one hundred percent (100%) of the full insurable replacement cost of
the Units and the Common Area, including all Condominiums, without deduction for
depreciation. Such insurance shall be maintained by the Board for the benefit of the
Master Association, the Owners and Institutional Holders as their interests may appear
as named insured, subject, however, to loss payment requirements set forth herein.
Each such policy shall contain a standard mortgagee clause, which must be endorsed,
which provides that any proceeds shall be paid to the Master Association for the use and
benefit of mortgagees as their interest may appear.
(c) Fidelity coverage against dishonest acts on the part of directors, officers,
managers, trustees, employees or volunteers responsible for handling funds belonging
to or administered by the Master Association. Such insurance shall name the Master
Association as obligee and shall be written in an amount equal to one hundred fifty
percent (150%) of the estimated annual operating expenses of the Master Association,
including reserves. Persons serving without compensation shall be covered by
endorsement to the policy if not otherwise covered under the policy.
The Board may purchase such other insurance as it deems necessary, including, but not limited to,
plate glass insurance, medical payments, malicious mischief and vandalism insurance, worker's
compensation and directors' and officers' liability.
Section 2. Waiver of Claims Against Master Association. As to each policy of insurance
maintained by the Board, the Owners hereby waive and release all claims against the Master
Association, the Board and Declarant, only to the extent of the insurance proceeds available to the
Owners whether or not the insurable damage or injury is caused by the negligence of or breach of any
agreement by said persons.
Section 3. Individual Fire Insurance Prohibited and Rights and Duty of Unit Owner to
Insure. No Owner shall separately insure his Condominium or any part thereof against loss by fire
or other casualty covered by any insurance carried by the Master Association; provided, however, that
each Owner shall insure his personal property and Improvements within his Unit, but not including
the Unit. Each Owner may carry such public liability insurance as he may deem desirable to cover
his individual liability for damage to person. or property occurring inside his Unit or elsewhere upon
the Project. All such other policies carried by Owners shall contain waivers of subrogation of claims
against Declarant, the Master Association, the Board, officers of the Master Association and all other
Owners. Such other policies shall not adversely affect or diminish the coverage of any insurance
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maintained by the Master Association, and duplicate,copies of such other policies shall be deposited
with the Board. If any loss intended to be covered by insurance carried by the Master Association
occurs and the proceeds payable thereunder are reduced by reason of insurance carried by an Owner,
such Owner shall assign the proceeds of such insurance carried by him to the Master Association, to
the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds
are to be applied.
Section 4. Notice of Expiration Requirements. All of the policies of insurance described
herein shall contain a provision that said policies shall not be cancelled or terminated, or expire by
their terms, without thirty (30) days prior written notice to the Board, Declarant, Owners and
Institutional Holders (provided that such Owners or Institutional Holders have filed written requests
with the carrier for such notice) and every ether person in interest who requested such notice of the
insurer.
Section 5. Insurance Premiums. Premiums for any blanket insurance coverage obtained by
the Master Association and any other insurance deemed necessary by the Board shall be a Common
Expense to be included in the assessments levied by the Master Association and collected from the
Owners. The proportion of such assessments necessary for the required insurance premiums shall be
used solely for the payment of premiums of required insurance as such premiums become due.
Section 6. Trustee for Policies. The Board shall be trustee of the interests of all named
insureds under policies of insurance purchased and maintained by the Master Association. All
insurance proceeds under any such policies shall be paid to the Board as trustee. The Board shall have
full power to receive and to receipt for the proceeds and to disburse such proceeds as provided herein.
Insurance proceeds shall be used by the Master Association for the repair or replacement of the
property for which the insurance was carried or otherwise disposed of as provided in this Master
Declaration. The Board shall have the authority to negotiate loss settlements with insurance carriers,
with participation by Institutional Holders who so desire and have filed written requests under Section
4 of this Article. Any two (2) officers of the Master Association may sign a loss claim form and
release form in connection with the settlement of a loss claim, and such signatures shall be binding
on all the named insureds.
Section 7. Actions as Trustee. Except as otherwise specifically provided in this Master
Declaration, the Board, acting on behalf of the Master Association and all Owners, shall have the
exclusive right to bind such parties in respect to all matters affecting insurance carried by the Master
Association, the settlement of a loss claim, and the surrender, cancellation, and modification of all
such insurance, in a manner satisfactory to seventy-five percent (75%) of the Institutional Holders who
have filed requests under Section 4 of this Article to the extent such Institutional Holders desire to
participate. Duplicate originals or certificates of all policies of fire and casualty insurance carried by
the Master Association and of all renewals thereof, together with proof of payment of premiums, shall
be delivered by the Master Association to all Institutional Holders who have requested the same in
writing.
Section 8. Annual Insurance Review. The Board shall review the insurance carried by the
Master Association at least annually, for the purpose of determining the amount of the casualty and
fire insurance referred to in Section 1 above. The Board shall obtain a current appraisal of the full
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replacement value of the buildings and Improvements in the Project, except for foundations, footings
and masonry walls, without deduction for depreciation, by a qualified independent insurance appraiser,
prior to each such annual review.
Section 9. Required Waiver. All policies of hazard and physical damage insurance shall
provide for waiver of the following rights, to the extent that the respective insurers would have the
rights without such waivers:
(a) Subrogation of claims against the Owners or their sublessees, guests, or
invitees;
(b) Any defense based on co-insurance;
(c) Any right of set-off, counterclaim, apportionment, proration or
contribution by reason of other insurance not carried by the Master Association;
(d) Any invalidity, other adverse effect or defense on account of any breach
of warranty or condition caused by the Master Association, any Owner or any tenant
of an Owner, or arising from any act, neglect or omission of any named insured, or the
respective agents, contractors and employees of any insured;
(e) Any right of the insurer to repair, rebuild or replace, and, in the event
the building 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
or the fair market value thereof;
(f) Notice of the assignment of any Owner of its interest in the insurance by
virtue of a conveyance of any Condominium; and
(g) Any right to require any assignment of any Mortgage to the insurer.
IX.
DESTRUCTION OF IMPROVEMENTS
Section 1. Nonstructural Common Area. In the event of partial or total destruction of that
portion of the Common Area excluding Condominium Buildings ("Nonstructural Common Area") it
shall be the duty of the Master Association to restore and repair the same to its former condition if
the proceeds of any insurance maintained pursuant hereto shall be used for this purpose, subject to the
prior rights of Institutional Holders whose interest may be protected thereunder are at least eighty-five
percent (85%) of the estimated cost of restoration, unless, within ninety (90) days from the date of
destruction, or within sixty (60) days after final settlement of insurance claims, whichever is later,
seventy-five percent (75%)of the Owners approve a resolution that such repair and reconstruction shall
not occur. A meeting or ballot for such determination shall be held upon the written request of at least
one (1) Owner or if called pursuant to the Bylaws. If the insurance proceeds are less than eighty-five
percent (85%) of the estimated costs of repair and/or reconstruction, repair and reconstruction may
nevertheless take place if, within ninety (90) days from the date of destruction or within sixty (60) days
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after final settlement of insurance claims, whichever is later, seventy-five percent (75%) of the Owners
approve a resolution that such repair and/or reconstruction shall occur, and approve a Reconstruction
Assessment levied against each Owner to make up the difference. The "estimated costs" shall be
determined by obtaining estimates from at least two reputable contractors.
In the event of a determination not to replace or restore affected portions of the Nonstructural
Common Area, such affected areas shall be cleared and landscaped and the costs thereof shall be paid
for with the insurance proceeds, and any deficiency may be raised by a Reconstruction Assessment in
an amount determined by the Board. In the event any excess insurance proceeds remain, the Board
shall distribute pro rata all such excess proceeds to the Association Members, subject to the prior
rights of Institutional Holders whose interest may be protected by insurance policies carried by the
Master Association. The rights of an Owner and the Institutional Holder of his Condominium as to
such pro rata distribution shall be governed by the provisions of the Mortgage encumbering such
Condominium.
Section 2. Condominium Buildings. In the event of partial or total destruction of a
Condominium Building, it shall be the duty of the Master Association to restore and repair the same
to their former condition, unless, within ninety (90) days from the date of destruction, or within sixty
(60) days after final settlement of insurance claims, whichever is later, seventy-five percent (75%) of
the Owners approve a resolution that such repair and reconstruction shall not occur. A meeting or
ballot for such determination shall be held upon the written request of at least one (1) Owner or if
called pursuant to the Bylaws. If the insurance proceeds are less than eighty-five percent (85%) of
the estimated costs of repair and/or reconstruction, repair and reconstruction may nevertheless take
place if, within ninety (90) days from the date of destruction or within sixty (60) days after final
settlement of insurance claims, whichever is later, seventy-five percent (75%) of the Owners approve
a resolution that such repair and/or reconstruction shall occur, and approve a Reconstruction
Assessment levied against each Owner to make up the difference. The "estimated costs" shall be
determined by obtaining estimates from at least two reputable contractors. The proceeds of any
insurance maintained pursuant hereto shall be used for this purpose, subject to the prior rights of
Institutional Holders whose interest may be protected thereunder.
The amount of each Owner's Reconstruction Assessment shall be prorated among destroyed
Condominium Buildings and Units and levied upon the basis of the ratio of the square footage of the
floor area of the Unit to be assessed to the; total square footage of the floor area of all Units to be
assessed.
In the event of a decision not to rebuild any destroyed Condominium Building, the site of such
Building shall be cleared and landscaped and the costs thereof shall be paid for with insurance
proceeds, and any deficiency may be raised by a Reconstruction Assessment in an amount determined
by the Board. In the event any excess insurance proceeds remain, such funds shall be distributed pro
rata between the Owners of the affected Units, subject to the rights of Institutional Holders whose
interest may also be protected by such insurance. The rights of an Owner and the Institutional Holder
of his Unit as to such pro rata distribution shall be governed by the provisions of the Mortgage
encumbering such Unit. Any distribution of excess insurance proceeds between Owners of destroyed
Units (and/or Institutional Holders) shall be effected proportionately, in accordance with the fair
market values of such Units as of the time of destruction, as determined by an MAI appraiser
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appointed by the Board. The cost of such appraisal shall be paid for by the affected Owners, and the
appraisal amounts and resulting proportional distribution of excess insurance proceeds shall be binding
on the affected Owners.
All amounts collected as Reconstruction Assessments shall be used only for the purposes set
forth in this Article, shall be deposited by the Board in a separate bank account to be held in trust for
such purposes, shall not be commingled with any other funds of the Master Association and shall be
deemed a contribution to the capital account of the Master Association by the Association Members.
Section 3. Minor Repairs. Notwithstanding anything to the contrary in this Article, and
irrespective of the amount or availability of insurance proceeds, if the estimated cost of repair and/or
reconstruction is $20,000 or less, the Board shall proceed immediately to arrange for prompt repair
and/or reconstruction. Such amount shall be adjusted annually according to the U.S. Department of
Labor Consumer Price Index for all Urban Consumers (CPI-U). Any portion of said amount which
is not covered by insurance proceeds shall be paid by the Owners pursuant to a Reconstruction
Assessment levied for that purpose. Such Reconstruction Assessment, if the repair is made to the
Common Area, shall be equal for all Owners. If the repair is made to Condominiums, the affected
Owners shall be assessed their pro rata share based upon the square footage of the Unit assessed to
the square footage of all Units to be assessed.
X.
PARTY WALLS
Section 1. Designation; Applicable Law. Each wall which is built as a part of the original
construction of Condominium Buildings and placed upon the dividing line between adjacent Units shall
constitute a Party Wall, and to the extent not inconsistent with the provisions of this Article, the
general rules of law regarding party walls and liability for property damage due to negligence or
willful acts or omissions shall apply.
Section 2. Destruction: Repair; Maintenance of Utilities. The cost of reasonable repair and
maintenance of a Party Wall and any utilities located therein shall be shared equally by the Adjacent
Owners whose Units abut such wall. Should any Party Wall or portion thereof abutting an Owner's
Unit be damaged or destroyed, that Owner shall immediately reconstruct or repair the same, and in
the event that the Owner fails to do so within a reasonable time, the Board may elect to cause such
reconstruction or repair, and the cost thereof shall be a Reconstruction Assessment chargeable to such
Unit and payable to the Master Association by the Owner thereof. An Owner who by his negligent
or willful act causes the Party Wall to be exposed to the elements shall bear the sole cost of furnishing
the necessary protection against such elements.
XI.
TAXES
Real property taxes, levies and assessments shall be separately and individually billed by the
County Assessor's Office to Owners of the Condominiums. Payment of any real or personal property
tax, assessment or levy of any type allocated to an individual Condominium shall be the sole
responsibility of the Owner of that Condominium. The Master Association shall not be liable for the
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collection and payment of any real or personal property taxes of any type whatsoever levied against
individual Association Members and Owners on account of their Condominiums.
In the event that any taxes are levied or assessed against the Common Area or personal
property of the Master Association rather than against individual Condominiums, the amount of such
taxes shall be considered a Common Expense which shall be paid by the Master Association through
the Regular Assessment process.
XII.
PROHIBITION AGAINST PARTITION OR SEVERANCE
OF UNIT FROM INTEREST IN COMMON AREA
Except as provided by California Civil Code Section 1354 or any amendment thereto, the
Common Area shall remain undivided and each Owner irrevocably waives the right to bring any action
to partition the Common Area. The rights in the Common Area and title to the respective
Condominiums, together with any exclusive easements or rights appurtenant to each Unit, shall not
be separated, severed or separately conveyed, assigned, encumbered or otherwise transferred. All
rights in the Common Area shall be conclusively deemed to be conveyed, assigned, transferred or
encumbered with the respective Condominium, even though the description in the instrument of
conveyance or encumbrance may refer only to the Unit.
In addition, no Owner, and no other person acquiring any right, lien, or interest in any Unit
in the Project, shall be permitted to seek or obtain judicial partition of a Unit, or sale of a Unit in lieu
of partition. This prohibition shall not be deemed to prohibit the sale of a Unit upon the termination
of the Project or the removal of the Unit from the Project in accordance with the provisions of this
Master Declaration or applicable law.
XHI.
RIGHTS OF INSTITUTIONAL HOLDERS OF MORTGAGES
The following provisions are for the benefit of Institutional Holders, Insurers and Guarantors
of first Mortgages on Condominiums within the Covered Property and shall apply notwithstanding any
provision to the contrary set forth elsewhere in this Master Declaration or the Bylaws. These
provisions apply only to "Eligible Holders" as defined below.
Section 1. Notices of Actions. Any Institutional Holder, Insurer or Guarantor of a first
Mortgage who provides written request to the Master Association, stating the name and address of
such Holder, Insurer or Guarantor and the Condominium number, address or legal description of the
particular Condominium encumbered (thus, becoming an Eligible Holder) will be entitled to timely
written notice of:
(a) Any default by the Owner of such Condominium in the performance of
such Owner's obligations under the Master Declaration or Bylaws which is not cured
within sixty (60) days from the date of such default;
(b) Any condemnation proceedings affecting the Project;
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(c) Any substantial damage to or destruction of the secured Condominium
or any portion of the Common Area;
(d) Any proposed termination of the Master Association;
(e) Any lapse, cancellation or material modification of any insurance policy
maintained by the Master Association; or
(f) Any proposed action which would require the consent of Eligible Holders
as further described in this Article.
Section 2. Rights of Institutional Holders Upon Foreclosure. Any Institutional Holder of
a first Mortgage on a Condominium which comes into possession of that Condominium pursuant to
judicial foreclosure or foreclosure by power of sale shall:
(a) Acquire title in such Condominium free of any claims for unpaid
assessments or charges against the Condominium accruing prior to the Institutional
Holder's acquisition of title;
(b) Not be obligated to cure any breach of this Master Declaration which is
noncurable or of a type which is not practical or feasible to cure and which took place
prior to acquisition of title to the Condominium by the Institutional Holder; and
(c) Be exempt from any right of first refusal contained in this Master
Declaration, any amendment hereto, or any Supplemental Master Declaration, and such
right of first refusal shall not impair the rights of an Institutional Holder to (i) foreclose
or acquire title to a Condominium pursuant to the remedies provided in the Mortgage,
(ii) accept an assignment in lieu of foreclosure in the event of default by the mortgagor,
or (iii) sell or lease a Condominium acquired by the Institutional Holder.
Section 3. Consent of Institutional Holders. The consent of Institutional Holders, Insurers
or Guarantors shall be required in order to take the following actions with respect to the Master
Association and rights and obligations of Association Members and Institutional Holders:
(a) Any restoration or repair of the Covered Property after a partial
condemnation or damage due to an insurable hazard shall be substantially in accordance
with this Master Declaration and the original plans and specifications unless the
approval of the Eligible Holders of first encumbrances on Condominiums to which at
least fifty-one percent (51%) of the votes of the Owners of such Condominiums, subject
to encumbrances held by such Eligible Holders are allocated, is obtained;
(b) Any election to terminate the Master Association after substantial
destruction or a substantial taking in condemnation shall require the approval of the
Eligible Holders of first encumbrances on Condominiums to which at least fifty-one
percent (51%) of the votes of Owners of such Condominiums, subject to first
encumbrances held by such Eligible Holders, are allocated; and
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(c) Unless at least seventy five percent (75%) of the Owners (other than
Declarant) have given their prior written approval, the Master Association and the
Owners shall not be entitled to: (i) change the pro rata interest or obligations of any
Condominium for the purposes of levying assessments and charges or allocating
distributions of hazard insurance proceeds or condemnation awards; (ii) partition or
subdivide any Unit or the Common Area; (iii) by act or omission seek to abandon,
partition, subdivide, encumber, sell or transfer the Common Area (the granting of
easements for public utilities or for other public purposes consistent with the intended
use of the Common Area of the Project shall not be deemed a transfer within the
meaning of this provision); (iv) use hazard insurance proceeds for losses to any portion
of the Project (whether to Units or the Common Area) for other than the repair,
replacement or reconstruction of such Improvements, except as provided by statute in
case of substantial loss to the Units :md/or Common Area of the Project.
Section 4. Amendments to Documents. The following provisions contained in this Section
do not apply to amendments to the Bylaws or this Master Declaration or termination of the Master
Association made as a result of destruction, damage or condemnation pursuant to subsections (a) and
(b) of Section 3 above.
(a) The consent of one hundred percent (100%) of the voting power of the
Master Association and the approval of the Eligible Holders of first encumbrances on
Units to which at least sixty-seven percent (67%) of the votes of Association Members
owning Condominiums subject to such encumbrances pertain, shall be required to
terminate the Master Association.
(b) The consent of at least sixty-seven percent (67%) of Association
Members and the approval of Eligible Holders of first encumbrances on Condominiums
to which at least fifty-one percent (51%) of the votes of Association Members whose
Condominiums are subject to such art encumbrance pertain, shall be required in order
to materially amend any provision of the Master Declaration, Bylaws, or Articles, or
to add any material provisions thereto, which establish, provide for, govern or regulate
any of the following: (i) voting, (ii) assessments, assessment liens or subordination of
such liens, (iii) reserves for maintenance, repair and replacement of the Common Area,
(iv) insurance or fidelity bonds, (v) rights to use the Common Area, (vi) responsibility
for maintenance and repair of the Project, (vii) expansion or contraction of the Project
or the addition, annexation or withdrawal of property to or from the Master
Association, (viii) boundaries of any Condominium Building or Unit, (ix) leasing of
Condominiums, (x) imposition of any right of first refusal or similar restrictions of the
right of any Owner to sell, transfer or otherwise convey his Condominium, (xi)
establishment of self-management by the Master Association where professional
management has previously been required, or (xii) any provisions included in the
Master Declaration, Bylaws or Articles which are for the express benefit of Institutional
Holders, Guarantors or Insurers of first encumbrances on Condominiums.
Section 5. Additional Riehts of Institutional Holders. Any Institutional Holder of a
Mortgage on a Condominium in the Project will, upon request, be entitled to: (a) inspect the books
T/11606.2/CC&RS.DLR/BGG/022895/10:34= 25
• • 226494
and records of the Master Association during; normal business hours, and (b)receive an annual audited
financial statement of the Master Association within ninety (90) days following the end of any fiscal
year of the Master Association; provided, however, that such audited statements shall be made
available only if they have been prepared by the Master Association in the regular course of business,
and (c) receive written notice of all meetings of Owners and be permitted to designate a representative
to attend all such meetings.
Section 6. Information. Any Institutional Holder is authorized to furnish information to the
Board concerning the status of any loan encumbering a Condominium.
Section 7. Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions
contained in this Master Declaration nor the enforcement of any lien provisions created herein, shall
affect, impair, defeat or render invalid the lien of any first Mortgage made in good faith and for value,
but all of the covenants, conditions and restrictions shall be binding upon and effective against any
Owner whose title to a Condominium is derived through foreclosure, trustee's sale, or otherwise.
Section 8. Insurance. The Owners and the Master Association shall procure and maintain
fire and liability insurance and such other insurance as may, from time to time, be required by
Institutional Holders of first Mortgages on Condominiums within the Project. All such insurance shall
contain loss payable clauses naming the Institutional Holders which encumber a Condominium by a
first Mortgage, as their interests may appear.
Section 9. Priority on Distribution of Proceeds. No Owner or any other party shall have
priority over the Institutional Holder of the Mortgage on his Condominium in the case of a distribution
of insurance proceeds or condemnation awards for losses to or a taking of the Condominium or
Common Area.
XIV.
EMINENT DOMAIN
Section 1. Definition of Taking. The term "taking" as used in this Article shall mean
condemnation by eminent domain, or by Sale under threat thereof, of all or part of the Units and the
Common Area.
Section 2. Representation by Board in Condemnation Proceeding. In the event of a taking,
the Board shall, subject to the right of all Institutional Holders who have requested the right to join
the Board in the proceedings, represent all of the Association Members in an action to recover all
awards. No Association Member shall challenge the good faith exercise of the discretion of the Board
in fulfilling its duties under this Article. The Board is further designated as the sole representative of
the Association Members in all aspects of condemnation proceedings not specifically covered herein.
Section 3. Award for Condominiums. In the event of a taking of Condominiums, the Board
shall distribute the award from the taking authority according to the provisions of this Section after
deducting therefrom fees and expenses related to the condemnation proceeding, including, without
limitation, fees for attorneys and appraisers and court costs. In the event that the taking is by
judgment of condemnation and said judgment apportions the award among the Owners and their
T/11006.2/CC&RS.DLR/BGG/022895/10:34am 26
• • 226494
respective Institutional Holders, the Board shall distribute the amount remaining after such deductions
among such Owners and Institutional Holders on the allocation basis set forth in the judgment. In the
event that the taking is Sale under threat of condemnation, or if the judgment of condemnation fails
to apportion the award, the Board shall distribute the award among the Owners based upon the
proportionate fair market value that each of the taken Condominiums bears to the total fair market
value of all Condominiums in the Project so taken. The value of the respective Units for purposes of
this Section shall be based upon the relative estimated value of each Condominium as determined by
the Board based on an appraisal prepared by an appraiser who is an M.A.I. member of the American
Institute of Real Estate Appraisers. Nothing contained herein shall entitle an Owner to priority over
the Institutional Holder of the Mortgage on his Condominium as to the portion of the condemnation
award allocated to his Condominium.
Section 4. Inverse Condemnations. The Board is authorized to bring an action in inverse
condemnation. In such event, the provisions of this Article shall apply with equal force.
Section 5. Awards for Owners. Personal Property and Relocation Allowances. In the event
of a taking, each Owner shall have the exclusive right to claim any award made for his Personal
Property, and any relocation. moving expense, or other allowance of a similar nature designed to
facilitate relocation. The Board shall nevertheless represent each Owner in any action to recover all
awards with respect to any personal property which may, at the time of the taking, be part of the real
estate comprising any Condominium, and shall allocate to such Owner so much of any awards as is
attributed in the taking proceedings, or failing such attribution, attributable by the Board to such
personal property.
Section 6. Notice to Association Members. The Board, immediately upon having
knowledge of any taking or threat thereof, shall promptly notify all Association Members.
Xv.
EASEMENTS
Section 1. Utility Easements. Easements over the Common Area for the installation and
maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, and for drainage
facilities as shown on the recorded map of the Project, and as may be hereafter required or needed to
service the Common Area and the Units, are hereby created by Declarant for the benefit of each
Owner and the Master Association.
Section 2. Encroachment Easement. Declarant, his successors and assigns, and all future
Owners, by acceptance of their respective leases, covenant and agree as follows:
(a) If any portion of the Common Area encroaches upon the Units, a valid
easement into the Unit in order to accommodate the encroachment and for the
maintenance of same, so long as it stands, shall and does exist. In the event a Unit is
partially or totally destroyed, and then rebuilt, minor encroachments of parts of the Unit
into the Common Area due to construction shall be permitted and valid easements for
said encroachment and the maintenance thereof shall exist.
T/11006.2/CC&RS.DLR/BGG/022895/10:34= 27
226494
(b) The Common Area is and shall,always be subject to easements for minor
encroachments thereon of the Unit as a result of construction, reconstruction, repairs,
shifting, settlement or movement of any portion of the Project and a nonexclusive
easement for ingress, egress and support through the Common Area is appurtenant to
each Condominium.
Section 3. Common Area Easements. Each Condominium within the Project is hereby
declared to have an easement over all of the Common Area, for the benefit of the Owners of the
Condominiums, and for their respective families, guests, invitees and tenants, for all of the purposes
and uses described herein, including ingress and egress over and through the Common Area.
Section 4. Utilities. Wherever sewer connections, water connections, electricity, gas,
telephone and cable television lines or drainage facilities are installed within the Project, the Owners
of Condominiums served by such connections, lines or facilities shall have an easement to the full
extent necessary for the use and enjoyment of that portion of the connections which service his
Condominium, and to enter upon or have utility companies enter upon the Units owned by others, in
or upon which said connections, lines or facilities, or any portion thereof lie, to repair, replace and
generally maintain those connections necessary, provided that such Owner or utility company shall
promptly repair any damage to a Unit caused by such entry as promptly as possible.
Section 5. Construction and Sales Easements. Declarant hereby reserves easements over
the Project for construction purposes and for display, maintenance, sales and exhibit purposes in
connection with the sale of Club memberships, together with the right to grant and transfer such
easements to Declarant's or Declarant's successor-in-interest's sales agents and representatives
including, but not limited to, Trendwest Resorts, and prospective purchasers of Club memberships.
The construction and sales easements reserved hereby shall specifically include the right to maintain
sales offices in model Condominiums and/or temporary modular facilities at such location or locations
throughout the Project as Declarant may deem appropriate, and the right to place signs advertising
Club memberships for sale.
Section 6. Establishment of Easements. The easement described in this Master Declaration
shall be deemed established upon the recordation of this Master Declaration, and shall thereafter be
considered covenants running with the land for the use and benefit of all of the Condominiums and
the Common Area, superior to all other encumbrances affecting any portion of the Project. Individual
conveyances of Condominiums may, but shall not be required to, set forth such easements.
XVI.
MERGER OR CONSOLIDATION OF THE MASTER ASSOCIATION
Upon a merger or consolidation of the Master Association with another association, the Master
Association's properties, rights and obligations may, by operation of law, be transferred to the
surviving or consolidated association, or, alternatively, the properties, rights and obligations of another
association may, by operation of law, be added to the properties, rights and obligations of the Master
Association as a surviving corporation. The surviving or consolidated association may administer the
covenants, conditions and restrictions established by this Master Declaration within the Covered
Property, together with the covenants and restrictions established upon any other property as one plan.
T/11006.2/CC&RS.DLR/➢GG/022895/10:34= 28
• • 226494
XVII.
GENERAL PROVISIONS
Section 1. Enforcement. The Master Association and each Owner shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by this Master Declaration, any Supplemental Master
Declaration, or any amendment thereto and the Articles and Bylaws; provided, however, that with
respect to assessment liens, the Master Association shall have the exclusive right of enforcement.
Failure by the Master Association or by any Owner to enforce any covenant or restriction herein
contained shall not be deemed a waiver of the right to do so thereafter.
Section 2. Severability of Covenants. Invalidation of any one of these covenants or
restrictions by judgment or court order shall. not affect any other provisions which shall remain in full
force and effect.
Section 3. Term. The covenants and restrictions of this Master Declaration shall run with
and bind the Covered Property and the Project, and shall inure to the benefit of and be enforceable
by the Master Association or the Owners, their legal representatives, heirs, successors and assigns for
sixty (60) years after the recording date. After sixty (60) years, the Master Declaration will
automatically be extended for successive ten (10) year periods, unless the Owners (heirs, successors,
representatives) of a majority of Units record a signed, written instrument at least one (1) year before
the beginning of any ten (10) year period agreeing to change or terminate this Declaration.
Section 4. Construction. The provisions of this Master Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation of a Condominium
Project and for the maintenance of the community recreational facilities and Common Areas. In case
of any conflict between this Master Declaration and the Articles or Bylaws of the Master Association,
this Master Declaration shall control. The article and section headings have been inserted for
convenience only and shall not be considered or referred to in resolving questions of interpretation or
construction.
Section 5. Amendments. Subject to the rights of Institutional Folders described in Article
XIV above, this Master Declaration may be amended only by the affirmative assent or vote of both
(i) seventy-five percent (75%) of the voting power of the Master Association, including the voting
power of the Declarant, and (ii) seventy-five percent (75%) of the voting power of Association
Members other than Declarant; provided, however, that the percentage of voting power necessary to
amend a specific clause or provision shall not be less than the percentage of affirmative votes
prescribed for action to be taken under that clause.
This amendment provision shall not be amended to allow amendments by the assent or vote of
less than the prescribed percentage of voting power required for amendments hereof. An amendment
or modification shall be effective when executed by the secretary of the Master Association, who shall
certify that the amendment or modification has been approved as provided herein and recorded in the
official records of the County.
T/11006.2/CC&RS.DLR/BGG/022895/10:34em 29
• • 226494
Section 6. Dissolution. So long as there is any Condominium for which the Master
Association is obligated to provide management, maintenance, preservation or control, the Master
Association may be dissolved or may transfer all or substantially all of its assets only upon the
approval of one hundred percent (100%) of the Association Members.
Section 7. Non-liability of Officials. To the fullest extent permitted by law, neither the
Board, any committee of the Master Association or any member of such Board or committee shall be
liable to any Association Member of the Master Association for any damage, loss or prejudice suffered
or claimed on account of any decision, approval or disapproval of plans or specifications (whether or
not defective), course of action, act, omission, error, negligence, or the like, made in good faith within
which such Board, committees or persons reasonably believed to be the scope of their duties.
Section 8. Violation of Master Declaration. The result of every act or omission, whereby
any provision, condition, restriction, covenant, easement or reservation contained in this Master
Declaration is violated is hereby declared to be and constitute a nuisance, and every remedy allowed
by law or equity against a nuisance, either public or private, shall be applicable against every such
result, and may be exercised by the Master Association. Such remedy shall be deemed cumulative and
not exclusive.
Section 9. Common Plan Master Declaration. The covenants, conditions and restrictions
set forth in this Master Declaration constitute a general program for the development, protection and
maintenance of the Project to enhance its value, desirability and attractiveness for the benefit of all
Owners. By acquiring any ownership interest in a Condominium subject to this Master Declaration,
each person or entity, for himself, his heirs, personal representatives, successors, transferees and
assigns, agrees to be subject to all of the provisions, restrictions, covenants, conditions, rules and
regulations now or hereafter imposed by this Master Declaration. Declarant, by this Master
Declaration, sets forth a program for the improvement and development of the Project and hereby
evidences his intent that all the restrictions, conditions, covenants, rules and regulations contained
herein shall run with the land and be binding on all future Owners, grantees, purchasers, assignees,
and transferees.
ARTICLE XVIII.
PROVISIONS BENEFITTING THE CITY
Section 1. Compliance With Law. Declarant, the Association and each Owner shall comply
with all ordinances, regulations and standards of the City applicable to the Covered Property.
Declarant, the Association and each Owner shall comply with all rules and regulations of any
assessment district of the City that the Covered Property is subject to.
Section 2. Maintenance.
(a) Each Owner and the Association shall be responsible for the maintenance
of all improvements that may exist on said Owner's Unit or the Common Area from
time to time, including, without limitation, buildings, sidewalks, parking lots, lighting,
signs, planters, irrigation and drainage facilities, walls and facades, at all times in first
class condition or repair, and in good working order, and shall keep the Covered
T/11006.2/CC&RS.DLR/BM/022995/10:34= 30
2�36494
Property neat, clean and sanitary, free froin any accumulation of debris or, waste
materials. Each Owner and the Association, as the case may be, shall promptly make
all necessary replacements, repairs and alterations. All sidewalks and parking areas
shall be promptly swept and cleaned-
(b) All landscaping, including vegetation, irrigation systems and earth
mounding, shall be installed as provided in the landscape plan and shall be permanently
maintained in good, first class condition, healthy, without deterioration, and free of
waste and debris. Dead or diseased plants shall be promptly replaced with landscaping
similar in type, size and quality. The automatic irrigation systems shall be properly
maintained and other reasonable and adequate landscape maintenance facilities shall be
provided to fill the foregoing requirements.
(c) The Covered Property shall be maintained in such manner as to avoid the
reasonable determination of a duly authorized official of the City that a public nuisance
has been created by the absence of adequate maintenance such as to be detrimental to
public health, safety or general welfare, or such condition or deterioration or disrepair
causes appreciable harm or has been truly detrimental to property or improvements
within one thousand (1,000) feet of such portion of the Covered Property. The Covered
Property shall be kept and maintained to be in conformity with the landscaping
maintenance standards of the City.
Section 3. Enforcement by the Cam. The Public Parcel consists of fee ownership and
easement interests in streets, sidewalks, open space, parks and other areas located around and adjacent
to the Covered Property. Each Owner acknowledges by acceptance of the deed or other conveyance
therefor, whether or not it shall be expressed in any such deed or other instrument, that each of the
covenants, conditions and restrictions set forth in this Article benefit the Public Parcel and the City,
and that the City has a substantial interest to be protected with regard to assuring compliance with, and
enforcement of, these covenants, conditions and restrictions and any amendments thereto. All such
covenants, conditions and restrictions shall be enforceable by the City by proceedings at law or in
equity or by any method available to the Association as provided elsewhere in this Declaration.
In furtherance thereof, the City shall have the same rights and remedies to enforce a breach of
a provision of this Declaration that is enforceable by the City that the Association has to enforce a
breach of this Declaration, including the right to enter upon all or any portion of the Covered Property
to remedy said breach at the expense of the violating party and to charge an assessment against an
Owner or the Association for a breach of a. provision of this Declaration that is enforceable by the
City, upon providing the Owner or the Association with such notices and hearing opportunities as the
Association is obligated to provide an Owner for such a breach as more particularly set forth elsewhere
in this Declaration. In the event said breach has been committed by an Owner, the City may enforce
the foregoing rights against either the Association or the breaching Owner. If the City exercises its
enforcement rights against the Association for a breach by an Owner, the City shall extend the time
in which the Association must cure the breach by the Owner for so long as the Association is diligently
attempting to cause the breaching Owner to cure the breach. If the Association has the right to assess
the breaching Owner for such a breach and if said breach by the Owner has not been cured by the
Association or the breaching Owner within the times provided herein, the City may elect either to
T/11006.2/CC&RS.DLR/BGG/022895/10:34. 31
assess the Association or the breaching Owner for the breach. If the City elects to assess the
Association for a breach committed by an Owner, the Association shall have the right to pass the
assessment on to the breaching Owner. Upon the failure of the Owner or the Association to pay such
assessment to the City, the City shall have the same rights against said Owner or the Association that
the Association would have against an Owner for failure to pay such an assessment, as more
particularly set forth elsewhere in this Declaration, including any lien rights. Any lien against the
Association shall be a lien against the entire Common Areas.
Section 4. No City Liability. The granting of a right of enforcement to the City does not
create a mandatory duty on the part of the City to enforce any provision of this Declaration. The
failure of the City to enforce this Declaration shall not give rise to a cause of action on the part of any
person. No officer or employee of the City shall be personally liable to the Declarant, the Association
or any Owner, for any default or breach by the City under this Declaration.
Section 5. Amendments. Any amendment to any provision of this Article or to any other
provisions of this Declaration enforceable by the City shall require the prior written consent of the
City.
Section 6. Covenants Running With the Land. Declarant hereby declares that all of the
Covered Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied
and improved subject to the restrictions, covenants, conditions and equitable servitude set forth in this
Article, all of which are for the purpose of uniformly enhancing or protecting the value, attractiveness
and desirability of the Covered Property. The covenants, conditions, restrictions, reservations,
equitable servitudes, liens and charges set forth herein shall run with the Covered Property and shall
be binding upon all persons having any right, title, or interest in the Covered Property, or any part
thereof, their heirs, successive owners and assigns; shall inure to the benefit of every portion of the
Public Parcel and any interest therein; and shall inure to the benefit of and be binding upon Declarant,
the City and their successors and assigns, and successors-in-interest; and may be enforced by the City.
Section 7. Agreement Between Declarant and City. The Declarant, in exchange for the
granting of the Governmental Approval, hereby agrees to hold, sell and convey the Covered Property
subject to the covenants, conditions, restrictions and reservations contained in this Article. Declarant
also grants to the City the right and power to enforce the covenants, conditions, restrictions and
reservations contained in this Article against the Declarant and all persons having any right, title or
interest in the Covered Property, or any part thereof, their heirs, successive owners and assigns and
successors-in-interest.
Section 8. Notices. Any notices to be provided to the City as provided in this Declaration,
shall be provided to the following addresses:
TO CITY: City of Palm Springs
P. O. Box 2743
Palm Springs, California 92263
ATTENTION: City Manager
T/11006.2/CC&RS.DLR/RGG/040395/10:52= 32
• 226494
With copy to: Rutan & Tucker
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626
ATTENTION: David J. Aleshire, Esq.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this
Master Declaration the day and year first above written.
DECL T:
JOHNk. I'
Val
CARD G
CITY:
CITY OF-PALMGS,
a mu 'c1pa1 corporation
BY
City Manager
ATTEST:
City Clerk
VI1006.2/CC&RS.DLR/BGG/022895/10:34em 33
226494
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On this Htlday of January 1995, before me, Lauren Nagle
the undersigned,-a- Notary Public in and :For said State, personally appeared JOHN E. KING and
CAROLE D. KING, 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 signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
' LAUREN NAGLE
' COMM.#1031746 z
z :�� : Z
z ' , Notary Public—California NOTARY PUBLIC
SAN LUIS OBISPO COUNTY
My Comm.Ezoires JUL 3. 14?S
STATE OF CALIFORNIA )
) ss.
COUNTY OF RIVERSIDE )
On this 14}h day of /�J 1995, before me,4,Aak a 'J ' the
undersigned a Notary Public in and for said State, personally aplkwed Parja. o ar�*t
personally known to me ( d " Ate h'^'^ of °V4faeta"
to be the personswhose names�s`subscribed to the within instrument, and acknowledged to
me that Oexecuted the same in "authorized capacit?,s and that by IV signature5on the instrument
the personsor the entity upon behalf of which the persomacted, executed the instrument.
WITNESS my hand and official seal.
�p
NOTARY PUBLIC
r 1fimfl; .MUM' it
Ceti ' j C4,'11U t BCCS+r0 ep
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flyder imNtIr"county
f>I"19" @1y Or�li Fsp1r46 A 21,19�U'pA .
�'nA�3r'�yVP';i:x:rcis:"5��3'�I'CY"y'7uJ'V'
T/11006.2/CCRRS.DLR/BC,0/022895/10:34em 34
226494
EXMIT "A"
LEGAL DESCRIPTION OF COVERED PROPERTY
ALL OF LOT I OF TRACT MAP 28020, AS SHOWN IN MAP BOOK
�53 , PAGES & THROUGH -7 , INCLUSIVE, OFFICIAL
RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
EXHIBIT "A"
IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, CALIFORNIA
TRACT MAP No . 28020
I = LOTS I THROUGH 3, AND LOTS 10 THROUGH 13, INCLUSIVE. OF
u.rn is ._. a r•iv BLOCK G. OF LAS PALMAS ESTATES. RECORDED IN BOOK 15. OF
MAPS, AT PAGES IS AND It. RIVERSIDE COUNTY RECORDS.
AL 50 WITHIN SECTION 10. T. S. , R. i E S. B. M.
SANBORN/KEBB Inc. ➢ECEMBER, 1994
FOR COHDOMINIUM PURPOEE3
K O
BLI]GK F •
9LLIr,K H ,.�
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it 4
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' /.
PUBLIC PARCEL (Typ.) State Highway 1 f 1
rA
• . 2ti6494
APPROVAL OF bINEFICIARY
UNDER DEED OF TRUST
TRENDWEST RESORTS, INC., an Oregon corporation, as Beneficiary under a Deed of Trust
dated February 7, 1994, recorded February 10, 1994, as Instrument No. 59612, Official Records of
Riverside County, California, in which Deed of Trust John E. King and Carole D. King, husband and
wife, as community property, are named as Trustor, does hereby approve the foregoing Master
Declaration of Covenants, Conditions and Restrictions of Le Taj of Palm Springs Owners' Association,
and does hereby subject the lien of said Deed of Trust to the provisions of said Master Declaration,
except as otherwise expressly provided therein, in the same manner as if the recording of said Master
Declaration had occurred prior to the recording of said Deed of Trust.
DATED: f J 1995.
TRENDWEST RESORTS, INC.,
an Oregon corporation
Title: I/ A
By: `
P a
itle: r�C Z/
226494
STATE OF WASHINGTON ) "�
ss.
COUNTY OF KING )
On this L day of 1995, before me, (A.
the undersigned, a Notary Public in and for said State, personally appeared 3. (rw L-
and .3\ ��e r H " �"A'ea ,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 signatures on the instrument the persons or the entity upon behalf of which
the persons acted, executed the instrument.
WITNESS my hand and official seal.
11
NOTARY PUBLIC
RECEIVED