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Home My WebLink AboutA3411 - VINTAGE PALMS MARKHAM SAN RAFAEL PARTNERSHIP CCR cc Recording Requested By 8 '� and When Recorded Return To: rn CITY OF PALM SPRINGS LL. CITY CLERKS OFFICE )r - n J 00 P.O. Box 2743 j t Palm Springs, CA 92263 W y -- wLo cc - Redlands Fed Bank-Amended & N Restated CC&Rs Vintage Palms (PD210/TM24853-1)-Orig Exec by Markham San Rafael Partnership AGREEMENT #3411 per Cond #10 R17146, 6-8-90 AMENDED AND RESTATED DECLARATION 0_CM- signed 7-5-94 COVENANTS, CONDITIONS AND RESTRICTIONS FOR VINTAGE PALMS A Single-Family Residential Development 0 277s25 TABLE OF CONTENTS ARTICLE I DEVELOPMENT . . . . . . . . . . . 2 ARTICLE II RESIDENCE .AND USE RESTRICTIONS . . . . . . 3 Section 2 . 01 Business or Commercial Activity. . . . . . 3 Section 2 . 02 Antennas. . . . . . . . . . . . . . 3 Section 2 . 03 No Further Subdivision. . . . . . . . . . 4 Section 2 . 04 Animals. . . . . . . . . . . . . . . . . . 4 Section 2 . 05 Nuisances;. . . . . . . . . . . . . . . . . 5 Section 2 . 06 Drainage. . . . . . . . . . . . . . . . . 5 Section 2 . 07 Water an [ Sewer Systems. . . . . . . . . . 5 Section 2 . 08 No Hazardous Activities. . . . . . . . . . 6 Section 2 . 09 Unsightly Articles. . . . . . . . . . . . 6 Section 2 . 10 No Tempor•ary Structures. . . . . . . . . . 6 Section 2 . 11 No Mininaf and Drilling. . . . . . . . . . 6 Section 2 . 12 Vehicles. . . . . . . . . . . . . . . . . 6 Section 2 . 13 Landscaping. . . . . . . . . . . . . . . . 7 Section 2 . 14 Garages. . . . . . . . . . . . . . . . . . 7 Section 2 . 15 Window Covers. . . . . . . . . . . . . . . 7 Section 2 . 16 Roofing. . . . . . . . . ' . . . . 8 Section 2 . 17 Signs. . . . . . . . . . . . . . . . . . . 8 ARTICLE III REPAIR AND MAINTENANCE . . . . . . . . 8 Section 3 . 01 Repair and Maintenance by Owner. . . . . . 8 Section 3 . 02 Standards for Maintenance and Installation. . . . . . . ' . ' . 9 Section 3 . 03 Repair and Maintenance by the City of Palm Springs and/or County of Riverside. . . . . . . . . 9 ARTICLE IV EASEMENTS . . . . . . . . . . . . 10 Section 4 . 01 Amendment to Eliminate Easements. . . . . 10 Section 4 . 02 Nature of Easements. . . . . . . . . . . . 10 Section 4 . 03 Utilities. . . . . . . . . . . . . . . 10 Section 4. 04 Rights and Duties. . . . . . . . . . . . . 10 Section 4 . 05 Support, Settlement and Encroachment. . . 11 Section 4 . 06 Drainage Easements. . . . . . . . . . . . 11 Section 4 . 07 Maintenance Easements. . . . . . . . . . . 11 ARTICLE V DECLARANT'S RIGHTS AND RESERVATIONS . . . . . 12 Section 5. 01 Sales. . . 12 Section 5. 02 Additional Restrictions' 12 Section 5. 03 Water Rights. . . . . . . . . . . . . . . 13 Section 5. 04 Nature of Declarant ' s Rights. . . . . . . 13 ARTICLE VI i ZM2s ARCHITECTURAL COMMITTEE . . . . . . . . 14 Section 6. 01 Prior Approval Required. . . . . . . . . . 14 Section 6. 02 Failure to Approve or Disapprove. . . . . 14 Section 6. 03 Non-Responisibility. . . . . . . . . . . . . 14 Section 6. 04 Standards and Fees. . . . . . . . . . . . 15 Section 6. 05 Composition of Committee. . . . . . . . . 15 Section 6. 06 Reserved Powers. . . . . . . . . . . . . . 16 ARTICLE VII ENFORCEMENT . . . . . . . . . . . 17 Section 7 . 01 Delegation of Authority. . . . . . . 17 Section 7 . 02 Fines. Penalties and Other Remedies. . . . 18 Section 7 . 03 Other Remedies. . . . 19 Section 7. 04 Covenant to Pay Fines, Penalties and Charges Re: Other Remedies. . . . . . . . . . . . . 19 Section 7 . 05 Effect of Nonpayment of Enforcement Charges; Remedies. . . . . . . . . . . . . . 20 Section 7 . 06 Subordination to Certain Trust Deeds. . . 23 Section 7 . 07 Compensation. . . . . . . . . . . . . . . 24 Section 7 . 08 Non-Liability. . . . . . . . . . . . . . . 24 ARTICLE VIII PROVISIONS BENEFITING THE CITY . . . . . . 25 8 . 1. Compliance With Law. . . . . . . . . . . . . . . . 25 8 . 2 . Maintenance. . . 25 8 . 3 . Enforcement By tie City. 26 8 .4 . No City Liability_ . . . . . . . . . . . . . . . . 28 8 . 5. Amendments. . . . . . . . . . . . . . . . . . 28 8 . 6. Covenants Running With the Land. . . . . . . . . 28 8 . 7 . Agreement Between Declarant and City. . . . . . . 29 8 . 8 . Notices. . . . . . . . . . . . . . . . . . . . . . 29 ARTICLE IX GENERAL PROVISIONS . . . . . . . . . 30 Section 9. 01 Cumulative Remedies. . . . . . . . . . . . 30 Section 9. 02 Severability. . . . 30 Section 9. 03 Covenants to Run With the Land; Term. . . 30 Section 9 . 04 Construction. . . . . . . . . . . . . . . 31 Section 9 . 05 Singular Includes Plural. . . . . . . . . 31 Section 9. 06 Nuisance. . . . . . . . . . . . . . . . . 31 Section 9 . 07 Attorney' s Fees. . . . . . . . . . . . . . 31 Section 9 . 08 Notices. . . . . . . . . . . . . . . 31 Section 9 . 09 Effect of Declaration. . . . . . . . . . . 32 Section 9. 10 Amendments. . . . . . . . . . . . . . . 32 Section 9. 11 Restriction on Transfer. . . . . . . . . . 32 Section 9 . 12 Rights of Mortgagees. . . . . . . . . . . 32 ii 27"7625 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VENTAGE PALMS A Single-Family Residential Development This Amended and Restated Declaration of Covenants, Conditions and Restrictions for Vintage Palms ("Declaration") is made this 23rdday of J vv.e , 1994 , by Redlands Federal Bank, a federal savings bank (the "Declarant") and, as to Article VII herein only, the City of Palm Springs (the "City") with reference to the following facts: A. Declarant is the owner of certain real property located in the City of Palm Springs, County of Riverside, California, more particularly described on Exhibit "A" attached hereto and by this reference made a part of hereof (The "Property") . Declarant' s predecessor in interest in the Property previously executed a certain "Declaration of Covenants, Conditions and Restrictions for Vintage Palms" (the "Prior Declaration") which was recorded as Instrument Number 91-145364 in the Official Records of Riverside County, California. Declarant now desires to completely supersede the Prior Declaration by the execution and recordation of this Declaration, and by the execution and recordation of this Declaration, Declarant does hereby supersede all of the provisions of the Prior Declaration, and amends and restates the Prior Declaration by the terms of this Declaration. B. Declarant hereby declares that all of the Property is to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, 1 • • z77szs conditions and restrictions, all of which are declared and agreed to be in furtherance of a plan for the protection and improvement of the Property for the purpose of enhancing the value, desirability and attractiveness of the Property. All provisions of this Declaration are hereby imposed as equitable servitudes upon ' the Property and shall run with the land and be binding on and for the benefit of all of the Property and all parties having or acquiring any right, title or interest in the Property, or any part thereof, and their successive owners and assigns. C. 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") . D. Declarant and the City intend that, in exchange for the granting of Certificates of Occupancy by the City ("Governmental Approval") , the Declarant hold, sell and convey the 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. ARTICLE I DEVELOPMENT 2 277625 It is the present intention of Declarant to develop lots on the Property with single family residences (individually a "Residence" and collectively the "Residences") on separate lots (individually a "Lot" and collectively the "Lots") . ARTICLE II RESIDENCE AND USE RESTRICTIONS The Property shall be held, used and enjoyed by each Owner (as defined below) , subject to the following limitations and restrictions, and subject to the exemptions for Declarant set forth in this Declaration. "Owner" shall mean and refer to one or more persons or entities who alone or collectively are the record owner of a fee simple title to a Residence or Lot, including Declarant, or the vendee under an installment land sales contract, but excluding those having any such interest merely as security for the performance of an obligation. Section 2 . 01 Business or Commercial Activity. A Lot or any structure on a Lot shall be used only for residential purposes, and no business or commercial activity shall be maintained or conducted on the Property, except that Declarant may maintain a model complex including sales and leasing offices as provided herein, and a construction office and/or trailer for the purpose of constructing the lots and residences contemplated herein. No Owner shall use his Residence in such a manner as to interfere unreasonably with the business of Declarant in selling or building Residences or Lots as set forth in Article V of this Declaration. Section 2 . 02 Antennas. No exterior radio antenna, television 3 2'7'7625 antenna, "C.B. " antenna or other antenna of any type shall be erected or maintained on the Property which is visible from any street. No satellite dishes may be erected, installed or maintained on the Property unless installed at ground level and screened from the view of neighbors standing at ground level on their property and from the view of anyone on any street adjoining the Property by fencing not exceeding six (6) feet in height. Section 2 . 03 No Further Subdivision. No Lot may be further subdivided without the prior written approval of the Declarant; provided, however, that nothing in this Section shall be deemed to prevent an Owner from, or require the approval of the Declarant for: (1) selling a Lot or selling a Residence or (2) transferring or selling any Lot or Residence to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety or as community property. Section 2 . 04 Animals. No animals, livestock, fowl, reptiles, poultry, fish or insects of any kind ("animals") shall be raised, bred or kept on the Property, except that a reasonable number of dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose, or in unreasonable quantities. Animals belonging to Owners, occupants or their licensees, tenants or invitees within the Property must be either kept within an enclosure, an enclosed yard, patio or balcony or on a leash being held by a person capable of controlling the animal. Furthermore, any Owner shall be liable to each and all remaining Owners, their families, guests, tenants and invitees to 4 • • 27 7625 the extent such Owner is legally responsible under California law, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by an owner or by members of his family, his tenants or his guests. Section 2 . 05 Nuisances. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property which is visible from any street and no odor shall be permitted to arise therefrom so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental from any street or to any other Residence in the vicinity thereof or to their occupants. No noise or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any Residence in the vicinity thereof or to their occupants. Section 2 . 06 Drainage. There shall be no interference with the established drainage pattern over any Lot unless an adequate alternative provision is made for proper drainage. For the purpose hereof, "established" drainage is defined as the drainage which exists at the time the overall final grading of any lot or Lots, as the case may be, is completed by Declarant. Section 2 . 07 Water and Sewer Systems. No individual water supply system, water softener system or sewage disposal system shall be permitted on the Property unless such system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendations of any applicable water district and any applicable governmental health authority 5 having jurisdiction. 277625 Section 2 . 08 No Hazardous Activities. No activities shall be conducted, and no improvements shall be constructed on the Property which are or might be unsafe or hazardous to any person, Lot or Residence. Section 2 . 09 Unsightly Articles. Exclusive of Declarant's construction activities and equipment, no unsightly articles shall be permitted to remain on the Property so as to be visible from any street. Without limiting the generality of the foregoing, refuse, garbage and trash shall be kept at all times in covered sanitary containers. Section 2 . 10 No Temporary Structures. No tent or shack or other temporary building, improvement or structure shall be placed upon any portion of the Property. Section 2 . 11 No Mining and Drilling. No portion of the Property shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth. Section 2 . 12 Vehicles_. No commercial-type vehicle (dump truck, cement mixer truck, oil or gas truck or delivery truck) , or trailers or detachable shells for vehicles shall be kept, maintained or allowed to remain on the Property in such a manner as to be visible from any street or any other Lot or Residence. No vehicle or boat shall be constructed or repaired upon the Property in such a manner as to be visible from any street or neighboring Lot or Residence. No recreational vehicle (including, but not 6 • 2'7'7s25 limited to, any camper unit, house car or motor home) , bus, trailer, boat, mobile home or inoperable vehicle shall be kept, maintained, or allowed to remain on (a) any street, other than on a temporary basis, or (b) any Lot in such a manner as to be visible from the street on which the Lot fronts. No abandoned vehicles shall be maintained on any Lot or Residence, or upon the Property. A vehicle shall be considered "abandoned" when the vehicle, whether operable or not, is not moved for thirty consecutive days. Section 2 . 13 Landscaping. After conveyance of title to an Owner, such Owner shall install landscaping and irrigation (if not installed by Declarant) in the front, side, and rear yards of the Lot within six (6) months after conveyance of title to owner and shall thereafter maintain in a neat and attractive condition such landscaping located on the Lot, including all necessary landscaping and gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation originally placed on such Lot by Declarant, if any, or Owner. No plants or seeds infected with insects or plant diseases shall be brought upon, grown or maintained upon any part of the Property. Front yard landscaping shall be in compliance with landscape plans as approved by the City of Palm Springs. Section 2 . 14 Garages. No garage doors shall be permitted to remain open except for a temporary purpose. Section 2 . 15 Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers. No window shall be covered with aluminum foil or similar material . • • 277625 Section 2 . 16 Roofing . Declarant may, but shall not be obligated to install tile roofing on the Residences prior to conveyance of title. Such roofing installed by Declarant or any subsequently installed by any Owner, and all repair or replacement work on any such roofing, shall be tile roofing of substantially similar quality, unless approval for nonconformity is given by the Architectural Committee as set forth at Article VI herein. Section 2 . 17 Signs. No signs, posters, billboard, advertising device or other display or any kind shall be displayed to the public view without: the prior written approval of the Architectural Committee, except such signs as may be used by Declarant in connection with its development and sale of the Properties and except such signs as may be displayed from a Lot advertising that said Lot is for sale, provided that such signs do not exceed five (5) square feet in size. ARTICLE III REPAIR AND MAINTENANCE Section 3 . 01 Repair and Maintenance by Owner. Every Owner shall: (a) maintain, repair, restore, replace and made necessary improvements to his Residence, including the surfaces of walls or fences, landscaping, and all improvements constructed or installed in or upon his Lot or Residence in good condition and repair; and (b) install and, thereafter maintain in attractive condition front yard landscaping. 8 • • z77szs Section 3 . 02 Standards for Maintenance and Installation. (a) Landscaping shall be maintained by the Owner in an attractive condition. All slopes or terraces on any Lot shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining property. (b) Slope and landscaped and improved areas within any Lot, including any drainage facilities located thereon, shall be maintained continuously by the Owner thereof in a neat, orderly and safe condition and in such a manner as to enhance their appearance, maintain established slope ratios, prevent erosion or sliding problems, and to facilitate the orderly discharge of water through drainage systems and patterns established by Declarant or any developer. No structure, planting or other material shall be placed or permitted to remain, or other activities undertaken on any area with the Property which might create erosion or sliding problems. Any area drains and other drainage facilities and systems shall be maintained in a neat, orderly and safe condition and in such a manner as to facilitate the orderly discharge of water by means of same. Section 3 . 03 Repair ,and Maintenance by the City of Palm Springs and/or County of Riverside. Notwithstanding the foregoing, Owners shall have no responsibility to maintain any area or improvements upon any area which lies within a maintenance district or which the City of Palm Springs and/or Riverside County has otherwise agreed to maintain. 9 277625 ARTICLE IV EASEMENTS Section 4 . 01 Amendment to Eliminate Easements. This Declaration cannot be amended to modify or eliminate the easements reserved to Declarant without the prior written approval of Declarant and any attempt to do so shall have no effect. Any attempt to modify or eliminate this Section shall likewise require the prior written approval of Declarant. Section 4. 02 Nature of Easements. Unless otherwise set forth herein, any easement reserved to Declarant herein shall be nonexclusive. Section 4 . 03 Utilities. Easements over the Property for the installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines and drainage facilities as are needed to service the Property are hereby reserved by Declarant, together with the right to grant and transfer the same; provided, however, such easements shall not unreasonably interfere with the use and enjoyment by the Owners of their Residences. Section 4 . 04 Rights .and Duties. Wherever sanitary sewer house connections, water house connections, electricity, gas, telephone and cable television lines, sanitary sewer lines and drainage facilities are installed within the Property, the Owners of any Residence served by said connections, lines or facilities shall have the right, and there is hereby reserved to Declarant together with the right to grant and transfer the same to Owners, 10 277625 an easement to the full extent necessary for the full use and enjoyment of such portion of such connections which service his Residence, and to enter upon the Residences owned by others, or to have utility companies enter upon the Residences owned by others, in or upon which connections, lines or facilities, or any portion thereof lie, to repair, :replace and generally maintain said connections as and when the same may be necessary as set forth below, provided that such Owner or utility company shall promptly repair any damage to a Residence caused by such entry as promptly as possible after completion of work thereon. Section 4 . 05 Support, Settlement and Encroachment. There is hereby reserved to Declarant, together with the right to grant and transfer the same to Owners, an easement appurtenant to each Residence which is contiguous to another Residence which Residence shall be the dominant tenement and the contiguous Residence shall be the servient tenement for the purposes of support and accommodation of the natural settlement of structures. Section 4 . 06 Drainage Easements. There is hereby reserved to Declarant, together with the right to grant and transfer the same, easements as required for drainage, over, under, through and across the Property. The easements as provided in this Section shall not unreasonably interfere with or restrict the intended use and enjoyment of the portion of the Property burdened with the easement. Section 4 . 07 Maintenance Easements. There is hereby reserved to Declarant, together with the right to grant and transfer the 11 277625 same, easements to Palm Springs and the County of Riverside for the purpose of installation and/or maintenance of landscaping and improvements over areas with respect to which the City of Palm Springs and/or the County of Riverside have agreed to any such installation and/or maintenance. ARTICLE V DECLARANT'S :RIGHTS AND RESERVATIONS Section 5. 01 Sales. The rights of Declarant hereunder shall include, but shall not be limited to, the right to install and maintain such structures, displays, signs, billboards, flags and sales offices as may be reasonably necessary for the conduct of its' business of completing the work and disposing of the Lots or Residences by sale, resale, lease or otherwise. Each Owner by accepting a deed to any portion of the Property acknowledges that the activities of Declarant may constitute an inconvenience or nuisance to the Owners, and hereby consents to such inconvenience or nuisance. Declarant may use any Lot or Residence on the Property owned or leased by Declarant as model home complexes or real estate sales or leasing offices. Section 5. 02 Additional Restrictions. This Declaration shall not limit the right of Declarant at any time prior to acquisition of title to a Lot or Residence by a purchaser for Declarant to establish on that property additional licenses, easements, reservations and rights-of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary to the development and disposal of the Property. 12 277625 Section 5. 03 Water Rights. There is hereby reserved to Declarant with full right and power, among others, to transfer or assign to others or to use or utilize on another property owned or leased by Declarant, any and all water rights or interest in water rights no matter how acquired by Declarant, and owned or used by Declarant in connection with or with respect to the Property, whether such water rights shall be riparian, overlying, appropriate, percolating, prescriptive or contractual; provide, however, that the reservation made herein shall not reserve to or for the benefit of Declarant any right to enter upon the surface of the Property in the exercise of such rights. Section 5. 04 Nature of Declarant's Rights. The rights of Declarant hereunder and elsewhere in this Declaration, including without limitation Declarant's rights under Section 5. 01 of this Declaration, may be assigned by Declarant to any successor in interest to any portion of Declarant' s interest in any portion of the Property by a recorded written assignment. Notwithstanding any other provision of this Declaration, the prior written approval of Declarant, as developer of the Property, will be required before any amendment to this Article shall be effective. Each Owner hereby grants, upon acceptance of his deed to his Lot or Residence, an irrevocable, special power of attorney to Declarant to execute and record all documents and maps necessary to allow Declarant to exercise its rights under this Article. 13 27'7625 ARTICLE VI ARCHITECTURAL COMMITTEE Section 6. 01 Prior Approval Required. No permanent structure shall be erected, constructed, placed, or altered on any of the Property by any Owner, until such Owner shall have first obtained the written approval of the Architectural Committee pursuant to procedures, guidelines and standards established by the Archi- tectural Committee. A fee may be required for such review as set forth below. Section 6. 02 Failure t:o Approve or Disapprove. In the event the Architectural Committee fails to approve or disapprove within thirty (30) days of submission of a request for approval of proposed construction or placement which is complete with respect to the proposed construction details, or in any event, if no suit concerning the construction or placement of the permanent structure has been commenced within one year after the completion thereof, written approval of the Architectural Committee will be deemed not required, and the related covenants contained herein shall be deemed to have been complied with. Section 6. 03 Non-Responsibility. Neither Declarant nor the Architectural Committee can be, nor shall they be, held responsible for (a) any error in structural design or for any nonconformance with applicable building codes and/or local laws or regulations in the plans and/or specifications approved by it, (b) any defect in design or construction of any building or structure constructed according to those plans and/or specifications, nor (c) any soil 14 277625 collapsibility conditions which may exist with respect to any given Lot and which may necessitate further soil compaction prior to construction of improvements by an Owner in addition to any improvements made by Declarant prior to the transfer of title. Section 6. 04 Standards and Fees. The Architectural Committee may, at its discretion, from time to time, in the interests of an Owner in connection with proposed structures, issue statements or memoranda, setting forth (a) a reasonable fee for Architectural Committee review, (b) standards or modifications of established standards, or (c) any other matters as it may deem helpful or desirable for informing and assisting of Owners in satisfying the design requirements of the Architectural Committee as a condition to approval of submitted plans and specifications. Section 6. 05 Composition of Committee. The Architectural Committee shall be composed of one or more representatives of Declarant, who shall be named by Declarant from time to time in its discretion, to act as the member(s) of the Architectural Committee; provided, however, that at such time as (a) Declarant or Declara- nt' s successors in interest are no longer Owners of a Lot, or (b) Declarant or Declarant's successors in interest determine to relieve itself of the obligation of maintaining the Architectural Committee by filing in the Office of the Riverside County Recorder a Notice of Surrender of said powers, then the Architectural Committee shall automatically dissolve and have no further rights or duties hereunder unless greater than fifty percent (50o) of all of the Owners of Lots shall determine by vote to continue the 15 2'7"7625 existence of said Committee and appoint, remove or replace members to said Committee who may or may not be Owners of Lots. The Architectural Committee may designate one or more representatives to act for it or one or more Owners to act in an advisory capacity. Neither the Architectural Committee nor its designated representa- tives and advisors shall be entitled to any compensation for services pursuant to this covenant. Section 6. 06 Reserved Powers. Full power is hereby reserved to Declarant, its successors and assigns, to remove any member of said Architectural Committee and to make other and further appointments from time to time, as may be necessary, to fill any vacancy in the membership of said Committee due to the removal, death or resignation, by filing in the office of the County Recorder, a Notice of Appointment. Declarant, and its successors and assigns, shall have the right, at any time, to relieve itself of the obligation of appointing and maintaining said Architectural Committee by filing in the office of the County Recorder in and for the County of Riverside, State of California, a Notice of Surrender of said powers, and thereupon said powers shall pass to and be vested in the members of the Committee; provide, however, that at any time after the filing of said Notice of Surrender of powers, the then record owners of a majority of the Residences and Lots in said subdivision shall have the power, through a duly recorded, written instrument, to change the membership of the Committee or to withdraw from the Committee or to restore to it any of its powers and duties. 16 27'7625 ARTICLE VII ENFORCEMENT Section 7 . 01 Delegation of Authority. Any owner, including Declarant so long as it owns all or any portion of the Property, shall have the right to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter imposed any the provisions of this Declaration or any amendment thereto, including the right to prevent the violation of any such restrictions, conditions, covenants, or reservations and the right to recover damages for such violation. In addition, at any time so long as it is an Owner, Declarant may, but shall not be obligated to, assign its rights of enforcement of this Declaration (but reserving the right 'to terminate and reassign) to (a) a manager or management company which may or may not be related to or affiliated with Declarant ("Manager") or (b) a committee, non- profit corporation or other- suitable entity comprised of one or more Owners initially selected by Declarant ("Administration Committee") . If Declarant has assigned its enforcement rights to a Manager, such Manager may reassign enforcement rights to an Administration Committee with the prior written consent of Declarant. An Administration Committee to which enforcement rights have been assigned by Declarant or a Manager shall, subject to the limitations of Section 7 . 02 below, establish for itself all membership, meeting and voting procedures and all other procedures and policies it deems reasonably necessary to fulfill its duties and obligations hereunder. For so long as Declarant has assigned 17 277625 enforcement rights to a Manager or an Administration Committee, Declarant shall have no responsibilities or obligations with respect to the enforcement of this Declaration; provided, however, that in no event shall Declarant have any such responsibilities or obligations if Declarant is no longer an Owner. Section 7 . 02 Fines, Penalties and Other Remedies. Each Owner agrees by the acceptance of his deed that recovery of damages at law for any breach of the provisions of this Declaration would not be an adequate remedy. In order to encourage compliance, deter noncompliance, and enable the effective enforcement of this Declaration, Declarant, a Manager or an Administration Committee is authorized to establish and collect fines and penalties, in addition to any fines or penalties which may be imposed pursuant to applicable local law, for the breach of any provision of this Declaration which is not cured or which reoccurs after the violating Owner has received written notification of the violation by certified, return-receipt U.S. mail. The fines and penalties shall be determined by taking into account (i) the injury caused by continuation or reoccurrence of the violation, (ii) the desirability of deterring future violations, (iii) the expense related to alternative legal action and (iv) all other reasonably related factors. Declarant, the Manager or an Administration Committee, as applicable, may establish reasonable fines and penalties for violations (and give prior notice of same to all Owners) by taking into consideration the factors described above, and may also increase fines and penalties by an aggregate amount 18 z77szs not exceeding 10% per year from the date on which fines are initially set for a particular violation. Specifically, but without limiting the generality of the imposition of fines and penalties for any violation of this Declaration, fines and penalties will be established with respect to landscape and maintenance, antennas, use as a residence, vehicles, nuisances, hazards, signs, animals and Architectural Committee approval. Declarant, the Manager or the Administration Committee shall take all appropriate and reasonably practical action to collect fines and penalties. All such amounts collected shall be deposited in a trust account with a bank or savings and loan and shall be applied to expenses incurred in connection with enforcement. Any surplus not reasonably required as a reserve for future expenses may be utilized in any manner so long as such utilization reasonably benefits all Owners. Section 7 . 03 Other :Remedies. In addition to the above remedies and any other legal remedy available, Declarant, the Manager or the Administration Committee shall have the right of entry on to any of the Properties in order to cure any violation of this Declaration and to recover all legal and other costs incurred in connection with curing said violation ("Enforcement Charges") . Section 7 . 04 Covenant to Pay Fines Penalties and Charges Re: Other Remedies. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, but acceptance of a conveyance therefor (whether or not it is expressed in such conveyance) , is deemed to covenant and agree to pay to Declarant, 19 217,7625 the Manager or the Administration Committee all Enforcement Charges incurred with respect to Section 7. 03 of this Declaration. The Enforcement Charges, together with interest, costs of collection and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time the Enforcement Charges became due. The personal obligation for Enforcement Charges shall not pass to such person' s successors in interest unless expressly assumed by them. Section 7 . 05 Effect of Nonpayment of Enforcement Charges; Remedies. Each Owner upon becoming an Owner of any Lot, covenants and agrees to pay to the Declarant, Manager or Administration Committee all of the Enforcement Charges provided for in this Declaration and further agrees to the enforcement of all such Enforcement Charges in the manner herein specified. Enforcement Charges are delinquent fifteen (15) days after they become due. If Enforcement Charges are delinquent, the Declarant, Manager or Administration Committee may recover all of the following: (1) Reasonable costs incurred in collecting the delinquent Enforcement Charges, including reasonable attorneys' fees; (2) A late charge not exceeding ten percent (100) of the delinquent Enforcement Charges or Ten Dollars ($10. 00) whichever is greater; and (3) Interest on the above sums, including the amount of the delinquent Enforcement Charges, reasonable costs of collection and late charges, at an annual percentage rate of twelve percent 20 • 2'7'7625 (12%) , commencing thirty (30) days after the Enforcement Charges become due. An Enforcement Charge and any late charges, reasonable costs of collection, and interest, shall be a debt of the Owner at the time the Enforcement Charge is due. In addition to any other remedies provided herein or available at law or in equity, the Declarant, Manager or Administration Committee may enforce the obligations of the Owners to pay the Enforcement Charges provided for in this Declaration by either or both of the following procedures: (a) Enforcement by Suit. The Declarant, Manager or Administration Committee may commence and pursue an action 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. A suit to recover a money judgement for unpaid Enforcement Charges may be maintained without foreclosing or waiving the lien hereinafter described. (b) Enforcement by Lien. The Declarant, Manager or Administration Committee may record, or cause to be recorded, a Notice of Delinquent Enforcement Charges with respect to the Lot as to which Enforcement Charges are delinquent. The Noticed of Delinquent Enforcement Charges shall set forth a description of the Owner's interest in the Property, the name of the record owners of 21 • • z77szs that interest, the amount of Enforcement Charges which are de- linquent as of the date of recording, together with all costs, attorneys' fees, late charges and interest accrued thereon. The Notice shall also include the name and address of the trustee authorized by the Declarant, Manager or Administration Committee to enforce the lien by sale through nonjudicial foreclosure proceedings as described below and shall be signed by the person designated by the Declarant, Manager or Administration Committee for that purpose. Immediately upon recordation of a Notice of Delinquent Enforcement Charges, the amounts set forth in said Notice, together with all sums accruing thereon or becoming due and payable in accordance with this Declaration after the date of recordation of the Notice, shall constitute a lien upon the Lot described in the Notice, which lien shall be immediately due and payable. This lien shall have priority over all liens or claims created subsequent to the recordation of the Notice except for liens for real property taxes and assessments on any Lot in favor of any governmental assessing unit.. Any such lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice, or sale by a trustee substituted pursuant to California Civil, Code Section 2934 (a) . Any sale by the trustee shall be conducted in accordance with the provisions of California Civil Code Sections 2924 , 2924 (b) and 2924 (c) applicable to the exercise of powers of sale in mortgages and deeds of trust or in any other manner permitted by law. The Declarant, Manager or 22 • 277(;25 Administration Committee shall have the power to bid in at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any Lot foreclosed. The Declarant, Manager or Administration Committee may accept a deed in lieu of foreclosure. Upon the timely curing of any default for which a Notice of Delinquent Enforcement Charges was filed, by payment of all sums secured by the lien, the Declarant, Manager or Administration Committee 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 Enforcement Charges described in this Declaration by abandonment of his Lot or otherwise. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of a Notice of Delinquent Enforcement Charges, 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 Lot which is described in such Notice. Section 7 . 06 Subordination to Certain Trust Deeds. The lien for the Enforcement Charges 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 Lot prior to the recordation of a Notice of Delinquent Enforcement Charges. The sale or transfer of any Lot shall not affect the Enforcement Charges lien described herein, nor shall such sale or transfer diminish or defeat the personal obligation of 23 z77szs any Owner for delinquent Enforcement Charges. However, the sale or transfer of any Lot pursuant to a judicial foreclosure or foreclosure by power of sale of a first encumbrance shall extinguish any Enforcement charges lien recorded prior to the time of such sale or transfer. Following a foreclosure, the interest of any purchaser at such foreclosure sale shall be subject to all Enforcement Charges becoming due after the date of such sale or transfer, if any, and in the event of nonpayment of such Enforcement Charges, shall be subject to all of the remedies described in this Declaration. For the purpose of this Section 7 . 06, a sale or transfer of a Lot shall occur on the date of recordation of a deed or land sale contract evidencing the conveyance of record ownership of the Lot. Section 7 . 07 Compensation. Neither Declarant nor any member or officer of the Administration Committee shall receive compensation for services rendered in connection with the enforcement of this Declaration. A Manager shall receive reasonable compensation as arranged between said Manager and Declarant or the Administration Committee, as applicable, which compensation shall be paid by Declarant or the Administration Committee, respectively, without right of reimbursement. Section 7. 08 Non-Liability. Neither the Declarant, a Manager, and Administration Committee, nor any member or officer of said committee shall be liable to any Owner for any loss, damage or injury arising out of or in any way connected with performance pursuant to the provisions of this Article VII. 24 • 27'7625 ARTICLE VIII PROVISIONS BENEFITING THE CITY 8 . 1. Compliance With Law. Declarant, the Architectural Committee and each Owner- shall comply with all ordinances, regulations and standards of the City applicable to the Property. Declarant, the Architectural Committee and each Owner shall comply with all rules and regulations of any assessment district of the City that the Property is subject to. 8.2 . Maintenance. (a) Each Owner and the Architectural Committee shall be responsible for the maintenance of all improvements that may exist on said Owner's Lot 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 Property neat, clean and sanitary, free from any accumulation of debris or waste materials. Each Owner and the Architectural Committee, as the case may be, shall promptly make all necessary replacements, repairs and alterations. All sidewalks and parking areas shall be promptly swept and cleaner. (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 25 277625 irrigation systems shall be properly maintained and other reasonable and adequate landscape maintenance facilities shall be provided to fill the foregoing requirements. (c) The 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 (1000) feet of such portion of the Property. The Property shall be kept and maintained to be in conformity with the landscaping maintenance standards of the City. 8 . 3 . Enforcement By the City. 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 Property. Each Owner acknowledges by acceptance of the deed or other conveyance therefore, 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 Architectural 26 2'7'7625 Committee 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 Architectural Committee has to enforce a breach of this Declaration, including the right to enter upon all or any portion of the Property to remedy said breach at the expense of the violating party and to charge an assessment against an Owner or the Architectural Committee for a breach of a provision of this Declaration that is enforceable by the City, upon providing the Owner or the Architectural Committee with such notices and hearing opportunities as the Architectural Committee 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 Architectural Committee or the Breaching Owner. If the City exercises its enforcement rights against the Architectural Committee for a breach by an Owner, the City shall extend the time in which the Architectural Committee must cure the breach by the Owner for so long as the Architectural Committee is diligently attempting to cause the breaching Owner to cure the breach. If the Architectural Committee 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 Architectural Committee or the Breaching Owner within the times provided herein, the City may elect either to assess the Architectural Committee or the breaching Owner for the breach. If the City elects to assess the 27 2'7'7625 Architectural Committee for a breach committed by an Owner, the Architectural Committee shall have the right to pass the assessment on to the breaching Owner. Upon the failure of the Owner or the Architectural Committee to pay such assessment to the City, the City shall have the same rights against said Owner or the Architectural Committee that the Architectural Committee 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. 8 . 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 Architectural Committee or any Owner, for any default or breach by the City under this Declaration. 8 . 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. 8 . 6. Covenants Running With the Land. Declarant hereby declares that all of the Property shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the restrictions, covenants, conditions and equitable servitude act forth in this, Article, all of which are for the purpose of uniformly enhancing or protecting the value, 26 • 2'77625 attractiveness and desirability of the Property. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth herein shall run with the Property and shall be binding upon all persons having any right title, or interest in the 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. 8 . 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 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 Property, or any part thereof, their heirs, successive owners and assigns and successors-in-interest. 8 . 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. 0. Box 2743 Palm Springs, CA 92263 Attn: 29 277625 With Copy to: Rutan & Tucker 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: David J. Aleshire, Esq. ARTICLE IX GENERAL PROVISIONS Section 9. 01 Cumulative Remedies. All rights, options and remedies of Declarant or Owners under this Declaration are cumulative, and not one of them shall be exclusive of any other, and Declarant and Owners shall have the right to pursue any one of all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated herein. Section 9. 02 Seyerab]LlitV. Invalidation of any one or a portion of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other of the provisions, which shall remain in full force and effect. Section 9 . 03 Covenants to Run With the Land • Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and be enforceable by any Owner, including Declarant, their respective legal representatives, heirs, successors and assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners has been recorded at least one (1) year prior to the end of any such period, agreeing to change said covenants, conditions and restrictions in whole or in part. 30 i 2'7'7625 Section 9. 04 Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. 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 9 . 05 Sinaular Includes Plural. Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine and the neuter. Section 9 . 06 Nuisance„ The result of every act or omission, whereby any provision, condition, restriction, covenant, easement, or reservation contained in this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result. Such remedy shall be deemed cumulative and not exclusive. Section 9. 07 Attorney s Fees. In the event action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgement, reasonable attorney's fees and cost of such suit. Section 9 . 08 Notices. Any notice to be given to an Owner under the provisions of this Declaration shall be in writing and shall be deemed to have been properly delivered when delivered personally or placed in the first class United States mail, postage prepaid, to the street address of such Owner's Residence. Any notice so deposited in the mail within Riverside County, 31 2'7'7625 California, shall be deemed delivered forty-eight (48) hours after such deposit. Section 9. 09 Effect of Declaration. This Declaration is made for the purposes set forth in the Recitals herein and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. Section 9 . 10 Amendments. Subject to the other provisions of this Declaration, this Declaration may be amended upon (a) the affirmative written assent or vote of not less than sixty-six and two-thirds percent (66-2/32 ) of the Owners and, further, this amendment provision shall not be amended to allow amendments by the written assent or vote of less than sixth-six and two-thirds percent (66-2/3%) of the voting power of the Owners and (b) an amendment or modification has been approved as hereinabove provided, and recorded in the Official Records of Riverside County, California. Section 9. 11 Restriction on Transfer. Neither Declarant, owners, nor their successors or assigns may convey title to a Residence or any portion thereof separate and apart from the conveyance of title to the Lot on which such Residence is constructed. Section 9 . 12 Rights of Mortgagees. Breach of any provision of this Declaration or any entry upon a Lot by reason of such breach, shall not defeat or render invalid the lien of any mortgage 32 • 2`T7625 or deed of trust made in good faith and for value on any of the Property. Any lender or other person who succeeds to the ownership of a Lot by foreclosure, trustee's sale or otherwise, shall be bound by the provisions, easements, conditions, restrictions and covenants set forth herein. IN WITNESS WHEREOF, Declarant has executed this instrument as of the day and year first herein above written. Redlands Fe Bank:,,`'-A federal savings b k, �1 S By: °v ' cy Its: I�GFc:. IN WITNESS WHEREOF, City has executed this instrument as of the day and year first herein above written. City o Palm ings, a municipal corpor tion, By: Its: ATTEST: JUDITH cuimi q CITY CLERK APPROVED AS TO FORM: RUTAN & TUCKER BY:�� DAVrD J. ESHIR- City Attorney 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • 277625 No.5907 State of California County of San Bernardino On June 23 , 1994 before me, AnnEmarie Mead, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Rogers+ EST man NAME(S)OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(,sr� whose name(s)' is/are- subscribed to the within instrument and ac- knowledged to me that he/she/they-executed the same in his/he#thei•r-• authorized capacity(ies-), and that by his/hiaf4, heir signature(s} on the instrument the person(,°), or the entity upon behalf of which the mar m 1 person( acted, executed the instrument. 1, AfNNEN�ia1RIE Pa1EAD li WITNESS my hand and official seal. l 1 N uii;Pubic California r� SAN e RNARuIIVO COUNTY rVIycO;T1Fr.EiI;PirBsJANI3I, 1907 ;I� ✓7 " SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER Amended and Restated Declaration7'' of CC&Rs for Vintage Palms Executive Vice President . I -TITLE(S) TITLE OR TYPE OF DOCUMENT "' ❑ PARTNER(S) ❑ LIMITED '! ❑ GENERAL 33 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 23 , 1994 DATE OF DOCUMENT „ _ SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITYr ES) _PEr7l and c Feder_a l]c SIGNER(S)OTHER THAN NAMED ABOVE 9)1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P O.Box 7184•Canoga Park,CA 91 309-71 84 CALIFORNIA ALL-PURPOS•CKNOWLEDGMENT 2 625 No 5907 State of California ` I County of Riverside On July 5 , 1994 before me, Elaine L. Schwartz , a Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" ' personally appeared Rob W. Parkins and J. Sumich NAME(S)OF SIGNER(S) ® personally known to me - QR=-❑ prove�h ttrrter�#ke+�asis-of-sa#+s€acterY ewdeRsa to be the person(4 whose named is/arm subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity ies , and that by his/her/their ENEL.SCHWARTI signatures on the instrument the persona), rt COMwM.i901%M F ry ) rayf�� w�Li�^oon' la or the entity upon behalf of which the ` �s.t99s TY p sacted, executed the instrument. WITNESS my hand and official seal. el SI NA URE OF NOTARY 1 6 I OPTIONAL °I Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. �I Ir CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOC UMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Amended & Restated CC & R' s I`q City of Palm Springs TITLE OR TYPE OF DOCUMENT "0 TITLE(S) I a ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 9 ; ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: June 23 , 1994 DATE OF DOCUMENT I, SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 91309-7184 ` '2'7'7625 EXHIBIT "B" tr'Y'C'Y Af).l1• /635.52' u.r A.p' A.p•I m,p•27 25 ?5 2I el za B r, 29 E 29 30 3! 32 33 k 1. I.a xF/.Jl A1.1/n[B l.r xa l.,Vx9 3;11. r 17 oi.,r 8 TA /.A x. 8 x. �,c. + 1 35 !6' ,49 AC. e• L�1l.11 t110.r ..n r'. /`•lei 8 ^`�VM y x• � 37. ..i etc. . YJ .®x..n 1 x, . i Al. 12 !3 " Q51a LY.N' Y •� C 0. 8 p' �' �'e�.11 n.r a.r• >�.N• Y co � �b CAW Q,� v v o/.� x. Q @P ® ® +l 40 39ji 53 jo M 4pd r.0 Y 51 dtc• bax /.a x. .• ss Ss 67 E ' O,N• n.r' a.N• n.r• n.N � x: 1./,AC .A /.n x. -i`nl)• 62 61 60 59 m a.n• 7 �• /.N x. ! 2 3 I 6 l.r x. O © © SAN RAFZ K. t�- RAFAEL DRIVE LLPicTta�o� Pua��G i o PARCEL � sPVK11gY cr OISTgICT I J I SIT >q smw rw& J Q a AfEA R7 BE HAINTAIAED m .swrl�r swmv 7M/S ® I U I N ov,mr au .vcan au w, 63 PROPERTIES FORMED 1990 I Q > rm cnvrrl VICINITY MAP 2'7'7625 Exhibit "A" THE LAND REFERRED TO IN THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS AND IS DESCRIBED AS FOLLOWS: LOT 1 THROUGH 62, OF TRACT 24853-1 AS SHOWN BY NAP ON FILE IN THE BOOK 221 PAGES 8 THROUGH 11, INCLUSIVE, OF NAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA REVISED JUNE `15, 1994 Es:HIBIT o'A" I . Permitted Use List for Building 'IF" at 1555 S . Palm Canyon Drive. Antique shop; art gallery; school or studio; athletic or health club; retail bakery` ; bank and/or savings and loan; clothing/apparel store; department store; beauty or barber shop* ; or school; retail stores (including, but not limited to, book/stationery store; furniture store, drug store, florist, shoes) ' ; music studio, shop or instrument sales; photography studio" ; museum; modeling studio; dance studio; restaurant; movie or stage theater anal/or production facilities; library; retail store or service shop; professional or service offices; recreational facilities (i .e. , bowling alley„ amusement center) ; training facilities; supermarket; craft or hobby store; hardware/appliance store; jewelry store; toy store; church or synagogue (with a conditional use permit) ; private club; and pet store. II . Prohibited Use List for Tuilding "F" at 1555 S . Palm Canyon Drive. Specialty Market, Place/Indoor Swap [Meet III . The lessor of the subject property shall exercise good faith efforts to lease the former Ralphs Grocery Store - Building "F" - to a single tenant for a', use listed above. Should the lessor be unable to lease the, site to a single tenant, the lessor may divide the premises for lease into not more than four premises to be used for uses listed above. * Not to be considered as an anchor', tenant . ' STEWART TITLE COMPANY '`• rout Office Box 1506 ,. Riverside, California 92502 25 GG •4 S�t•: When recorded return to: 1!J HOLZWAATH, POWELL & STEIN _ < � 18400 Von Karman Avenue I � d' y i ti suite caD . < YG Irvine, California 92715 Attention: Frederick C. Moore, Esq. r• M "i?' ;I xr, z lk, M1 i �e DECLARATION OF COTENANTS, CONDITIONS N' ' AND RESTRICTIONS, AND �h i a �:•;, RPSERVATION OF EASEMENTS FOR Il:^ ,I VINTAGE PALMS ,{# . . A Single-Family Residential Deve�opment I'llly`y' i ''-i: uM1 ifi'.S�r�f ji1`'' • i I IT '? u0)Lm67fe.n:MOWif) �' •,; :.•' r`Y;" • t e TABLE OF CONTENTS ARTICLE I DEFINITIONS . . . . . . . . . . . . 2 1. Annexation Property . . . . . . . . 2 2. Architectural. Control Committee . . . . . 2 3. Declarant . . . . . . . . . . . . . . 2 Q 4. Declaration . . . . . . . . . 2 5. Improvements . . . . . . . . . . . . . . 2 6. Lot . . . . . . . . . . . . . . . . . . . 2 7. Owner . . . 2 :uh S. Phase . . . . . . . . . . . . . . . 2 9. Project . . . . . . . . . . . . . . . . . 2 44 - 10. Property . . . . . . . . . . . . . . . . 2 3 11. R+sidence . . . . . . . . . . . . . { 12. VA FHA 3 Fygy, t 13. Application of Definitions . . 3 {,., ARTICLE II GENERAL PLAN OF DEVELOPMENT . . . . . . . . . 3 �' 1. Introduction 3 2. Declarant's Control of Development 3 3. Future Phases of the Project . . . . . . 3 4. Special Assessments . . . . . . . . . . . 3 S ARTICL3 III USE RESTRICTIONS . . . . . . . . . . . . . . . 4 -- Z 1. Private Residential Dw'<llina , 4 0 2. Prohibited Dwelling Structures 4 3. Mandatory Maintenance of Lots and Landscaping . . . . . . . . . . . . 4 � e 4. signs . . . . . . . . . . . . . . . . . . 4 5. Animals q 6. Quiet Enjoyment . . . . . . . . . . . 4 ri 7. Improvements end Alterations . . . . . . 5 i 8. Windows . . 5 4 9. CM4MOrcial Activity, 5 'r 10. Parking . . . . . . . . . . . . . . . . 5 n . . 11. Air Conditioners . . . . . . . . . . . . 5 12. Solar Heating . . . . . . . . . . . . . . 5 7 13. Antennas . . . . . . . . . . . . . . . . 6 ' - 14. Damage to Residence . . . . . . . . . . . 6 15. Leaning . . . . . . . . . . . . . . . . 16. Drilling . . . . . . . . . . . . . . . . 6 eR1" 37. Easements for Encroachments . . . . . . . 6 la. Easements for Utilities . . . . . . . . . '' 19. Easements for Drainage . . . . . . . . . 7 20. Easements for Slope Maintenance 7 21. Easements for Corstruction and Sales a 22. Trash 23. Easements for Architectural Control Committee . . . . . 24. Easements to the City . . . . S 25. Flood Hazard . . . . . . . . . . . . . . 8 f•L ARTICLE IV ARCHITECTURAL CONTROL -• APPROVAL . m 1. Architectural Control . . . . . . . 5 2. Preenrt Construction Exempt h 9 ',prior ih•v 3. Architectural Control Committee . . . . , 9 4. Submittal of Plane and 10 Specifications P `# 5. Review of Plans and Specifications . . . 10 " 6. Performance of. Work 11 7. Inspection of Work . . . . . . . . . 11 t 8. Approval Not Waiver . . . . . . . . . 12 9. Presumed Approval . . . . . . . . . . . . 12 10. Prohibited Actions . . . . . . . . . . . 12 f' ` IIm1.0061M1.i'CMObMI (i� �+,r;' .d n,w ,. '.. 'wz, . �w 4.,x:.x Mi. rrwr.i..- .�.�,• .Mv.u.r -r.,...r.,.. ,. 'c: .•x-.,.6-. __ ' ,�i��,�it�r> Y, } 11. Specific Arch i ectural Controls 13 12. Ownar Acknowledgment . . . . . . . 17 =x^,. 13. Nonliability for Approval . . . . . . . . 14 it3:i 3M� ARTICLE V MAINTENANCE 14 �`,, d1. Maintenance of Lots ld �r„S 2. Damage to Resitlenee . . . . . , . . . . 14 3. Damage to Walla and Fences . . . . . . . 14 4. Drainage . . . . . . . . . . . . . . . . 14 iA r ARTICLE VI VI ANNEXATION OF ADDITIONAL PROPERTY " 1. Annexation Pursuant to Approval . . . . . 15 2. Annexation Pursuant to General Plan . . . 15 3. Notice of Annexation . . . . . . . . . . 15 4. Right of De-Annexation . 15 ` �B S. Effective Date of Annexation . . . . . . 15 a 6. Amendments to Notices of Annexation . . . 16 ' ARTICLE VII GENERAL PROVISIONS . . . . . . . . . . . . . . 16 w_ r1. Enforcement 16 - �\ 2. Arbitration of Disputes . . . . . . . . . 17 w 3. Severabil.ity . . . . . . . . . . . . . . 18 4. Term . . . . . . . • . . 18 d . S. Conatru. tion . . . . . . . . 18 y' 6. Singular Includes Plural . . . . . . . . 18 ' w 7. Amendments . . . . . . . . . . . . . . . 18 S. Notices 18 9. Attorneys- Fees . . . . . . . . . . . . . 19 e w EXHIBITS g :a; I EXHIBIT "A" The Property W E%HIBIT "B" The Annexation Prep©_ty EXHIBIT "C" architectural Control Committee Formation. . , r time aus}iwt acuNnsl ( � ++�i;- r F'' , iw•. I., v'46'uY � "Varuphrr•rp .. ,�t4hiih: {,r4N 5 f�YT4•• V+rJ,orx.•••.M•.•nt�'y1'�f"+6'.�."k°Yni tPi3S+i r`NlS+D'CJA3.,:., r Mfi 51B i DECLARATION OF COVENANTS, .CONDITIONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR VINTAGE: PALMS r n THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC- TIONS, AND RESERVATION OF EASEMENTS is made this lot day of I May , 1991 , by MARKHAM SAN RAFAEL PARTNERSHIP,a Califor- E_ nnla general partnership (hereinafter referred to as the "Declar- ant") . i• YIZTHE 112ZTH: -� A. Declarant is the owner of that certain real property y county of Riverside, State of located in the City of Palm Springs, California, more particularly described on Exhibit "A" attached 1 �.� hereto and incorporated herein by this reference (hereinafter referred to as the "Property") . B. Declarant desires to develop the Property, together with any additional real property annexed thereto, pursuant to the Article contained herein entitled "Annexation of Additional Y Property," as a single-family residential project (hereinafter f a f of reerred to as the "Project") - u,� C. Declarant deems It: desirable to imposea general _Nt plan for the development, protection, ass, occupancy and enjoyment m of the Project, and to establish, adopt and impose covenants, t, ' conditions and restrictions upon the Project for the purpose of F is enforcing, protecting and preserving the value, desirability and attractiveness of the Project. D. Declarant :intends to convey the Project, and any and all portions thereof, subject to the covenants, conditions and 1 restrictions set forth hereinbelow, " 8 NJW, THEREFORE, Declarant agrees and declar^s that it has established, and does hereby establish, a plan for the development, protection, use, occupancy and enjoyment of the Project, and has fixed, and does hereby fix, the covenants, conditions, re=tr.ic- ! "• tions, easements, reservations, equitable servitudes, liens and charges (hereinafter collectively referred to as the ^Covenants") ' upon the Project. Each and all of tha Covenants shall run with the land and shall inure to the benefit of and be binding upon ' y Declarant, .its successors and assigns, and all subsequent owners of all or any portion of the Project, together with their grantees, succeesors, heirs, executors, administrators, devisees and assigns. t 9 'I' uml.ox�xf,revavmi i ,. 'C . y µ � 1'r��571k i t A y �' ,�4i1^`lT.1Lyn r' ARTICLE I QEF3H.LTSQN.9. ;�yr ion 1. "ppngg{lt�ion Yrooerty" shall mcsn and ref or to that certain real property more particularly described in Ex- hibit "B" attached horcto and incorporated herein by this refer- slits, including all Improvements (as defined below) constructed Q thereon, all or any part of which may be annexed to the Project as not forth in the Article herein entitled "Annexation of Additional _ Property." 'i Section 2. Ur Cori Control Committee" shall 'q mean and refer to the three (31t member committee which is re- sponsible for reviewing and approving, or disapproving, proposed works of Improvement within tho Project, as more particularl;' d ' - described in that Article herein entitled "Architectural Control Approval." ` L. ;� Se on 3- ")ZgG larent" shall mean and refer to , Harkham San Rafael Partnership, n C31ifornia general partnership, �o T and to any person or entity acquiring all of Ceclarant'e interest I r in the Project (including all of Doclarant's rights and obligations e as created end established herein) pursuant to a written assignment from Dec-,.ant which is recorded in the Office of the County ) 1 Recorder for Riverside County. si shall mean and refer to this ? Declaration of Covenants. Conditions and Restrictions, and Reser- vation of Easements recorded on the Project. shall mean and refer to all i- :a structures and appurtenances thereto of every kird, including, but :75 not limited to, Residences and all modifications to the exterior of ? " a Residence (including, but not limited to, room additions, patio covers, decks, gazebos, spas, hot tubs, pools, awnings, screens and r slcylights) , nheds and any other outbuildings, radio antenna, 3 !., satellite dish or other similar electronic receiving or broadcast- ing device, drainage channels, fences, walls and any landscaping p which can grow to a height in excess of twenty feet (201) . t ; �+ Section 6. "J.,9 " shall mean and refer to a plot of If land which is separately numbered and described on a tract map i recorded in the office of the County Recorder, which is designed { and intended for the construction of one (1) single-family Resi- dence, and to al). of the Improvements constructed thereon. Svp "owner" shall mean and refer to the record owner, or owners if more than ono (1) , or tha purchaser under a conditional aalee contract of fee title to, or an undivided in- terest in, any Lot in the Project. The foregoing does not inclade persons or entities who hold an interest in a Lot merely as se- curity for the performance of an obligation. L- .Y Section S. "F]l�uM." shall mean and refer to a Lot or ' group of Lots within the Annexation Proparty which are simulta- neously annexed to the Project and made subject to the covenants - net forth in this Declaration, as more particularly described in iL;,I-',;,r j?�"� •;;:.( the Article hereinbelow entitled "Annexation, of Additional Prop- Section s. ^Pl:oiect" shall mean and refer to the � -' •+ Property (anal to all Improvements constructed thereon) , and to all � •. � _.l portions of the Annexation Property which are annexed to the S Property in accordance with the provisions of this Declaration. '!•" Sec1:S21L.1S'- 44btat shall me '.n and refer to all of -? that certa SL: real property described in Paragraph A of the recitals , hereinabove. i, uofe.an.afef.rcuo,a¢n -?_ . ti u, LWWAW. , � Section 11. "H'e3.j.S1Jngs shall mean and refer to the individual dwell includi the ry y appurtenant dwelling ( ng garage and any other a ,. Improvements) which Sa constructed upon a sevarata Lot and which in =:T; designed and intended for use and occupancy as a single-family residence. Section U_ OYA.1 ilis shall mean and refer to the United States Department cf Veterans Affairs and the Federal Housing Administration. Section 17. AF*..�il.!<<ition of Def ini�_ans. The aforesaid ., f ;i definitions shell be applicable to this Declaration and any Notice F -� of Annexation (and to any supplements or amendments thereto) , filed -I or recorded pursuant to that p-oviaione of this Declaration, unless V ` the context shall prohibit such application. ARTICLE 11 tier• Vintage Palms, as presently : �, ;r�9_tl_olt:• In_r4duc H;e planned, will be a multi-phase residential development consisting I ,k of two hundred sixty (261) detached single-family Residences. Each / Residence will be construcited upon its own respective Let. Section 2. (�+.-1 ar�nt's c^ntrvl o Davelvnment<, sub- " ect only to the pprnpriate governmental `. j y prior approval of the a ' agencies and the VA/FHA, if applicable, nothing in this Article or elsewhere in this Declaration shall limit the right. of Declarant to p r i redesign all unsold Lots in the Project, including increasing or S, decreasing the size or r4mber of Lots, to complete construction of 3 any Improvements in the Proaject, to redesign or otherwise modify + the style, size or arpearanct of any Improvements in any portion of (G y the Project owned by Declarant:, to construct such additional Improvement3 on any portion of the Project owned by Declarant ' and/or to otherwise control all asoects of constructing the im- provements, and selling or leaving Lots in the Project, In furth- erance thereof, nothing in t:as Declaration shail limit the right h " of Declarant to establish additional licenses, easements and + rights-of-way for building, constructing or installing any utility 1 or other similar facilities over any portion of the Project owned a, by Declarant, in favor of Declarant, utility companies or others, y .� as may, from time t.v time, be reasonably necessary for the devel- opment of tha Project. Additioinally# Declarant shall have the exclusive right to mairtair a salen office, moJel complex and reasonable signs on any portion of the Project owned or controlled by Declarant during the period (not to exceed seven (7] years) �' • while the Project is being developed and Lots are being sold or leased by Declarant. " Section 3. gltaa�r_phasea of the Prgjggtt. Future "•/ Phases of the Project, if any, will be developed on portions of the Annexation Property. Each snc�s Phase may be annexed by Declarant to ;the Property and made subject to the scheme of this Declaration, in 1 <•, _ ( accordance with the prcvis£ene of the Article herein untitled "Annexation of Additional Propert:y." 5PZ39LL11@A4QQAt=tQ. Each Owner hereby 'y[ acknowledgaa that each Lot in the Project my be located within and i subject to various casnunit*j facilities districts assessment districts and/or other special districts, including, abut not lim- ited to, the following: r (a) idDA;t93pdrdy7_Cind L14ht i� g District. Each Owner acknowledges that his =espactiva Lot 1s within the City of - Palm Springs Landscaping Maintenance District No. 8 ("Land- ' acape District'), which vas formed to maintain various land- scaped areas and open 1pace areas. The assessment ("Main- ' IIQ11.0011,'b!f]IOtllfl -I_ terance Assessment" levied by the Landscape District will be collected through the real property tax bill issued by the County of Riverside for each I•ot. The Maintenance AssessmentL ' (--, will depend, among other things, upon the nature of the landscaping and related improvements and the coot of erform- ing such maintenance. Based upon information provided by the ; City, the Maintenance Assessment for fiscal year 1990-91 is , 9stJ&1ta_d to be Three Hundred Ninety Dollars ($390.00) per Lot. TILU SS ONLY M ESTSNM. The Maintenance Assessment is subject to annual adjustments as determined by the Landscape District. ARTICLE III -� 9se $P.STSI�ri4C1� �� a The Project shall be occupied and used only an follows: Section I. Etch Lot / shall be used for residential purposes for the construction of. one (1) 'detached Residence, and other related Improvements. No other purposes whatsoever shall be permitted, except such temporary uses a as shall be allowed by Declarant while the Project is being developed and Lots are being sold by Declarant. Sf-_EUQn_..,Z.• Prohi_`•J�.�sd�.liQLlSna Structures. It na time shall any garage, basement, attic, outbuilding, tent, shack, shed, trailer, camper, motorhoae, boat or stricture of any kind within 1 '� the Project, except for the one (1) Residence constricted upon each ! r Lot, be used as a residence or dwelling. 1 Section J. Mandatory taintenance of Lots and Land- } r scar ij,M. Subject to the provisions set forth in this Declaration regarding architectural control, each Owner shall, at his own coot and expense, maintain his Lot and his front yard landscaping (and a exposed side yard in the case of a corner Lot) in a neat, clean, safe, sanitary, healthy and attractive condition at all times, so as to preserve the aesthetic quality of the Project. i Section - Sians• subject to the provisions of tali- I` fornia Civil Code, Sections 712 and 713, no sign of any kind shall be displayed to the public view on or from any Lot, except such signs ac may be used by Declarant for a period of time not to i exceed seven (7) years from recordation hereof in connection with i > the development of the Project and sale of Lots, ana except one (1) ( t "for sale" or "fo,: lease" sign of reasonable size (reasonable I - defined as not more than eighteen inches (18"] by twenty-four inches (24"1) on any Lot. All signs permitted under this Section shall conform with all applicable goveri,mental regulations. Sects- L5• Animals. No Owner shall operate on a Lot in the Project any kennel, Dread or maintain any animals for any commercial purpose. Each owner shall be responsible for cleaning up _ any excrement or other unclean or unsanitary condition caused by their animals within the Project. Every person bringing an animal upon or keeping an animal in the Project shall be liable pursuant to the laws of the State of California to each and all persons for any injury or damage to persons or property caused by such animal. All animals must be kept either within an enclosed portion of a Lot ,'�'_':�' -'+• or secured on a leash held by a person capable of controlling such animal. Section 6. Quiet Enjova9It. No Owner shall permit or suffer anything to be done er kept upon such Owner'" Lot which will obstruct or interfere with the rights of quiet erjcyment of the other residents in the Project, or annoy them ty unreaeonable noisos or otherwise, nor will any owner commit or permit any nui- sance on the premises or commit or buffer any immoral or illegal i TINS W65S6S FC1AnWNl —4— y. " at to be committed thereon. Each owner shell comply with all ofgg_ '^.�V•+.�+ e''\��'' '"' the requirements of the Board of 'diealth a'ud of all other govern- - mental authorities with re, poct to his respective Lot. SAy^,y1cn 7. ImornvMAtLBTd_Alt 9rAti n%. There shall be no construction, installation, modification, alteration or removal of any Improvement whatsoever (including, but not limited to, Residence, fencing and garage structures) in the Project - wthout the prior written approval of the Architectural Control i j - Cmmittee, as required herein, except such works of construction by Y Declarant during the development of the Project, and prior approval ' by the respective governmental agency exercising proper jurisdic- tion thereof. t �, yjIDdowe. No window in any Residence shall s� a } be covered, in whole or in part, inside or outside, with aluminum t i - foil, newspaper, paint or any other material reasonably doomed Y� inappropriate for such use by the Architectural Control Committee, provided for hareinbelow. 1•n Owner may, howevar, use plain white - sheets as window coverings for a. period not to exceed s!x (G) months pending the installation of drapes, curtains, shutters or other appropriate window coverings. No rofessicnal ! 0 io2x i.ndus• S214iA�L"Cons of n P � 9 .'� commercial or industrial operations of any kind shall be conducted ' in or upon any Lot, except such temporary uses as shall be per- 1 - ' witted by Declarant while the Project is being developed and Lots 1 are being sold by the Declarant. WOW ap-gtion 10. ParkiLg• Except as may otherwise be ap- proved by the Architectural Control Committee, no Owner of a Lot in 4 the Project shall park, store or keep any vehicle except wholly f within his garage or upon his driveway in such manner as to not ; � ✓ extend onto any sidewalks or into any streets in the Project. No r - ` Owner shall park, store or keep any large commercial type vehicle (including, but not limited to, any vehicle with three (7] axles or f any vehicle which exceeds six thousand (6,000] pounds in weight) , ' nor any recreational vehicles (including, but net limited to, any camper, motorhome, trailer, boat, boat trailer, aircraft, mobile home or other similar vehicle_a) , or any vehicle other than a pri- vate passenger vehicle (including camper trucks and similar ri vehicles up to and including three-quarter (3/4] ton when used for `av everyday transportation, and subject to approval by the Architec- tural Control Committee) anywhere within the Project„ unless allowed by City ordinances and approved by the Architectural :+ • control Committee. Notwithstanding the foregoing, no vehicle shall. be parked on any street in the Project for u period of severty-two �.' (72) consecutive hours. No Owner shall conduct major repairs, paint I '•i or make major restorations of any motor vehicle of any kind whatsoever within his garage, upon his Lot or elsewhere within the Project, except for emergency repairs to any motor vehicle (which must be conducted -within his garage with the door closed) and then _only to the extent necessary to enable movement thereof to a proper � • �' repair facility. Garage doors shall be kept closed at all times , when not in use, and each Omer shall maintain his garage such that _ it is readily available for the parking of two (2) vehicles. In any - -._.. •�; i event, all vehicles shall be parked in compliance with applicable _ governmental ordinances. t. Section 11 No Owner shall install an air conditioning system or replace any system without the prior written approval of the Architectural Control. Committee, which shall have the right to approve or disapprove the size, shape, ,'%'•;^`','. r noise level and proposed location of such air conditioning unit. S�. Solar He tlnq. All Owners shall have the 4 right to place and maintain on their Roe �denee, equipment and facilities related to the installation and ..aintenance of indivi- dual solar heating systems. The inntallation and maintenance of any - solar system by an individual Owner shall be subject to all nme.oasve.ecx wosn -5•- � . applicable zoning district regulations, the Uniform Building Code and associated ordinances, ar.d reasonable rules and regulations of ,'� .�•�> , ',,iE.,;" the Architectural Control Committ.ao. 710 Bola- hooting panels or {qy other solar energy collection equipment shall be installed on any portion of any Lot, or any Improvement thereon, unless such equip- �'• ' , ; ment is installed in such location and , such manner me to be + reasonably obscured from the view of other perverts in the Projact to the greatest degree practicable without significantly decreasing itsefficiency. No person shall instnll any such panel or equipment without the prior written consent: of the Architectural Control committee, which shall have the right to reasonably restrict the nature and the size, shape, color, style, materials or location of %� any such panels or equipment within the Project, subject to the �d ;'y. provisions of the California Civil Code, Section 22714, as same may , be amendad, from time to time. y. Svctio4_u• AtlCsnnas. No owner shall install, or cause to be installed, any television or radio antenna (except for use by r an owner who is currently licensed by the Federal Communications - (`` Commission no an amateur radio operator, and then installation may !+ only include one (1) roast similar to a flag pole not exceeding a 4 Q 0 height of thirty-five feet (35') &love the ground, and in no case V; ` shall any antenna extend outside the boundary of the Owner's Lot f. t } and"no common walls shall be used for any support or attachment) , $+ / satellite dish or other similar electronic receiving or broadcast- tl y, ing device on any portion of the exterior of any Residence or upon his Lot, unless such device is reasonably screened from view from MAO y all adjoining Lots and has been approved by the Architectural s` Control Committee, in accordance with the provisions of the Article o- hereinbelow entitled "Architectural Control - Approval." y= ��41ca�_4• Da a e o Residenc a. If all or any portion ~ G of a ' rs.idence in damaged or destroyed by fire or other casualty, 3 the owner shall either promptly rebuild the Residence in slibstan- tial conformance to the style and design prior to amid damage or destructicn, or as approved by the Architectural Control Committee, or clear his let of all debris and restore his Lot to a neat, safe and attractive condition. r, section 15. Leasing. No Owner shall be permitted to rent or lease his Lot for transient or hotel purposes or for a period of less than thirty (-D) days. All rental and lease agree- ments shall be in writing and shall provide that the termr of such j agreement shall be subject in all respects to the provisions of I this Declaration, and that any failure by the tenant or lessee to i comply with the terms hereof shall constitute a default under such i agreement. other than the foregoing, there are no restrictions on w' the right of an Owner to rent or lease his Lot. 1 See 16. WI-Ling. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, ,�.,�; tanks, tunnels or mineral excavations or shafts be permitted upon - the surface of any Lot, or within five hundred feet (5000) below the surface of the Project. No derrick or other structere designed ` for use in boring for water, oil or natural gas shall he erected, maintained or permitted upon any Lot. Section 5asemer�ggr Encroachmen7 = There is hereby created, established and granted a nonexclusive easement- appurtenant to each Lot on, over and across those portions of any adjacent Lot not to exceed three feet (31) for the encroachment by any foundations, footings, eaves or other overhangs, wing walls and/or chimneys originally constructed by Declarant. Additionally, there shall be nonexclusive easements appurtenant to any Lot on, ' over and across those portions of any such sdjacent Lot not to exceed one foot (11) for the encroachment by any Improvement resulting from any subsequent settling or shifting of any Im- _ provementa. All of the aforesaid encroachdente shall be measured at t ...�.. - -...�.�.,....�..r.ra�+«�+r+rnsrira�ul.. �....e..ve,o�..wwi rAL.S,i11L.�,.lee,A..�, 'Wn1.1 '•W t:. �:.�fi . the point of encroachment along a line which in perpendicular to the common property line between the affected Iots. e •t{on �8. FSfF.QA' 9IltRl,SilUtilities. The rights and SS duties of the Owners of Lota within the Project with respect to sanitary newer, water, electricity, gas, television cable (or CrTv service) and telephone lines, and other facilities, shall be �' f governed by the following: , N .fi (a) Each Owner shall maintain these facilities and connections located upon his respective Lot which are not �w maintained by the respective utility company or agency. ' (b) wherever sanitary sewer, water or gas connec- tions, television cables, electricity or telephone lines are installed within the Project and it becomes necessary to gain j4ft access to said connections, cables and/or lines through a Lot owned by someone other than the Owner of the Lot served by said connections, cables and/or lines, the Owner of the Lot served by said ccnnections, cables end/or lines shall have the e right, and is hereby granted an easement to the full extent n i "j necessary therefor, to enter upon such other Lot or to have ry • the utility companies enter upon such other Lot to repair, Q replace and generally maintain said connections, cables and/or ' lines. 7 (c) whenever sanitary newer, water or qaa connec- tionn, television cables, electricity or telephone )tines a_e i+ installed within the Project, and said connections, cables ; w and:/or lines serve more than one (1) Lot, the Owner of each Lot served by said connections, cables and/or lines shall ba entitled tc the full use and enjoyment of such portions of �• same as service his Lot. (d) In the event cf a dispute between Owners re- , 1, specting the repair or rebuilding of the aforesaid connec- tions, cables and/or lines, rr the sharing of the coat thereof, the matter mey be resolved by arbitration, as pro- vided in the .Article hereinb'elow entitled "General Provi- sions." (e) No Owner shall construct. any Improvements on any utility easement area of record which will unreasonably interfere with the maintenances and repair of the facilities * located in said easement without the prior written consent of the appropriate utility company. 5 �i-411_12• F�4SLLent2_Cor orainaae. Thare are hereby r created, reserved and granted noneyclunive easements appurtenant to I each Lot in the Project for drainage according to the patterns for .k, drainage created by the approved grading plans for the Project, as well as according to the actual, natural and existing patterns for drainage. Each owner covenants and agrees that he shall not obstruct or otherwise interfere with said drainage patterns of ' waters from adjacent Lots in the Project over his Lot, or in the alternative, that in the event it is necessary and essential to I ' alter said drainage pattern for the protection and use of his Lot, he will make adequate provisions for proper drainage in accordance with the appropriate governmental grading ordinance. Section 20. Ease'f�r]1:H ,(pr Slome Plgintenance. Each - ••�� Owner of a Lot in the Project acknowledges and agrees that he will " is permit free access by Oimers of adjacent Lots to elopes or drainage channels, if any, located on the former Owner`s Lot which affect the latter Owner's Lot, when such rocesu is essential for the maintenance of permanent stabilization of said slopes, or mainte- nance of said drainage channels for the protect Dn of the adjoining Lot. i umf.aoo-3a�,csdu»i -7- . S€ �e-@s 1�pY�'st`CQD9�SSL ion and 5a3.gQ• Ds- `•.'::!, ' '. r_ clarant hereby reserves, for a period of sever. (7) years from the recordation of this Declaration or until all Lots in the Project are sold (and escrows closed), w'nichever occurs first, nonexclusive v*,I easements for access, ingress and egress on and over the Project as �•� %!:I necessary to construct the Residences and all other Improvements II within the Project, and to carry on normal sales activity, 7 •` "'' including the operation of a models complex and salas office, and the display of promotional signs and exhibits in connection with the sale or lease of Lots in the Project. .:b $Q91iQID 22, Trash. Each Owner shall remove all rub- bish, trash, garbage, weeds, debrla and other waste material from 'O his Lot, no as to keep same in a neat, clean, safe and attractive condition at all times. All such refuse shall be knot in appro- priate areas screened and concealed from view by a fence, wall or _. other screen approved by the Architectural Control committee, and o r -+ d no odor shall be permitted to arise therefrom so as tender the Y Project, or any portion thereof, unsanitary, unsightly, offensive or detrimental to env other property in the vicinity thereof, or to 1 �� its occupants. All such refuse which is put out for pickup by the f P responsible governmental agency or private company' bags or other c shall be r_on- ' tained in garbage cans, garbaae balosed containers t 0 B 'approved by such entity. After pickup, all garbage cans and other ( I . containers shall be promptly returned to the appropriate screened _ ')• areas, Generally, all garbage cans and other closed containers j! shall be exposed to the view of neighboring Lots for only a r reasonable period of time, not to exceed twenty-four (24) hours I before and after scheduled trash collection hours. Additionally, y x all clotheslines, woodpiles, storage boxes, bicycles, tools, w equipment, dog houses and all stored goods shall also be kept in ) ' app-opriateiy screened areas, as provided above. f " (L Section 2:1. •as luerts for Ahite ctural Contr o�gom- Q pittee. There is hereby created, reserved and granted to ueclarart, -x• together with the right to grant and transfe= same to the members of the Architectural Control. Committee, easements for ingress and. egress over the Project for the purpose of permitting the Architec- tural Control Committee to perform its various powers and responsi- bilities as more particularly described in this Declaration. } S�tk4D-23• $��me-uts_tD__tbe_g}ty. There is hereby _ ,x created, reserved and granted to Declarant, together with the right to grant and transfer same to the City, easements for ingress and egress over the Project for the purpose of permitting the City to perform various obligations and responsibilities wi�hin or adjacent to the Project. FlQod_Fa3ar�L. Each Owner acknowledges and _ +',tw agrees that each Lot within the Project may be affected by the _ designation of the Project within Zone "C" of the Flood Insurance Rate Map. Each owner hereby acknowledges and agrees to investigate j the effect that said flood hazard designation may have on Vie ` structural Improvements within his Lot, and the necessity to obtain "• . appropriate flood insurance. ! - Ai l.Y it .E %� If 4i + ume.anases rc�l M"DI _a_ _ . 1 4 1 r r y .�Mn>•-v*t�r+n�..•'�o"'"•'F4Y1'uXGkw�:Ycuu.u..avran�reem•,4r.�� -. ART'ICLE: I9 . ARCH1T-& UFAL CONT'ROl,—_PUQyd„i, �44t..LQILl• ArS�C�Y.4.GS111;A1.�QIlt,L41• Except for purposes of normal maintenance and repair, and except as specifically per- mitted herein, no Owner shall construct, erect, install or plant e �, any Improvement, or modify, alter or otherwise change any existing 8 A Improvement until any and all conditions and requirements which may a be imposed by the controlling governmental agency with respect to i1 such Improvement have been satisfied, and until the plane and specifications for such Improvement. which are required pursuant to this Article have been approved, in writing, by the Architectural `e f control committee, in accordance with the provisions net forth hereinbelow, vB '? Suction 2, Pr2sent cgl�p�`.ructiott_F„ll4met, Notwithatand- =�a '. Ing the provisions of Section 1, Declarant need not seek aroroval for, and the Architectural Control Committee shall have no au- - - thority over, Declarant's development and construction activities 5 until the close of escrow for the sale of the 'last Lot in the i M Project by Declarant. § �e ction 7. ArchitectSlydl_r,9n.trol Commiti�t.v;s. The Arch- itectural Control Committee is hereby aut:,orized with the rights ! and powers set forth in this Article. Said Architectural Control Committee shall consist of three %3) members. The Declarant shall ' appoint all of the original members of the Architectural Control Committee and shall have the power to appoint and remove all x f members of the Architectural Control Committee until `he earlier of ) � 9 seven (7) years from the date of recordation of this Declaration or until the sale and close of escrow for the last Lot in the Project ' ("Turnover Date") . The Declarant'e members of the Architectural i Control Committee shall have the right to limit their responsibili- ty and obligations to the review of plans and specifications affecting exterior architectural and landscaping Improvements ,. ,r (including, bat not limited to, area drains and irrigation systems) I); �. that require such review and approval. The terms of all members of the Architectural Control Committee appointed by Declarant shall automatically terminate on the Turnover Date. To the fullest extent ' permitted by law, neither the Declarant nor any employee of the ,I. Declarant shall be liable to any Owner or to any member of the Architectural Control Committee for any damage, logs 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. Members of the Architectural Control Committee appointed by Declarant need not be Owners in the: Project. The initial address, until otherwise mcdifled, for submission of plans to the Architec- tural Control Committee is: ii iVintage Palma „ c/o The Nark Anthony Company - 777 North Palm Canyon - Suite 1,02C',, Palm Springs, California 92262 After the Turnover Date, all members of the Architectural Control 7 _ Committee shell be Owners of Lots in the Project, and shall be 'i elected by a majority vote of the owners of Lots in the Project to serve one (1) year terms_ A majority vote of Owners shall be x, calculated on the basis of one (1) vote per Lot. Where two (2) or I _ more persons own an interest in any Let, tP'P vote for such Lot e 3, shall be exercised as they among themselves -letermine, but in no , event shell more than one (1) vote be cast wit.- respect to any Lot. On or about the Turnover Date, Declarant ahal< schedule a meeting of Owners to be ;laid for the purpose of appointing the first Architectural Control Committee comprined solely of Owners and .. ;� .� Ilmf.m67k1.ICfl0miot —9— � . 1 - -- -elected"pursuant to the approval of a majority of the voting power ''" •�''�• ": oC the Owners, as mentioned horsinabove. Written notice of such a meeting shall be delivered by Declarant to such Owners in the manner prescribed for delivery of notices, as set. forth in Section a of the Article harein entitled "General Provisions," not less than fifteen (15) nor more there f,)rty-Live (45) days before such meeting, and shall specify the place, date and time of ouch meeting. Declarant shall further designate a repi:osentative of Declarant ("Chairman") to preside over the meeting. The Chairman shall designate a uommittee comprised of Owners in attendance at �, 0 the meeting to distribute and count ballots for or against the appointment of an Architectural Control Committee. if Owners '! representing a majority of the voting power of all of the owners in the Project approve the appointment of an Architectural Control Committee comprised of Owners, other than Declarant, the Chairman ahall solicit nomiraticna from the floor. All elections to the 9 ' a _Architectural control Committee by the Owners pursuant to this --" Section shall be memorialized In a document, drafted in recordable form (an example of which is nttachad hereto as Exhibit: "C°') , to be executed by not lase than two (2) members of the Architectural d Control Committee elected by the Owners pursuant to this Section % and recorded in the official Records of the County. No member of a `the Architectural Control Co,amittea shall be liable to any person l A far his decisions or failure to act in making decisions ae a member 1 of the Architectural Control Committee, Declarant may, in its die- cretion and at any time, aseign to the Owners, by written assign- ment, its powers of removal and appointment with respect to the - Architectural Control Committee, oubject to such tenon and condi- tions regarding the exeLcise thereof eta Declarant may Impose. ! w 5_yppiS;,Sgl-Q_fPlane ana specificationg. Any it ' Owner desiring to make any Improvement to his Lot shall submit, in Jp. duplicate, to the Architectural control, Committee for their review, e 1'r plans and specifications showing the nature, kind, color, shape, N t dimensions, materials and location of the proposed Improvement. All such plans and specifications shall have been prepared by an +j architect, engineer or designer licensed or certified by the State of California, or by such other person, including an Owner, as may be approved in writing, by the Architectural Control Comaittee. tt $�tiol7�. gLY14w of PlgDp and Ssnecificatione. The Architectural Control Committee shall review any plans and specs- : fications submitted by an Owner, pursuant to Section 4 hereinabove, t in accordance with the following provisions: n. (e) Review Criteris. The Architectu.-il Control Committee shall review the plans and specifications for any propoRed Improvement witn the lntent of preserving and main- taining the overall aesthetic appearance, value and uniformity �. )+r of the Project. The Architectural Control Committee may withhold approval of the plans and specifications for any ?; proposed Improvement becauce of noncompliance with any of the _ specific covenants, conditions and restrictions set forth in this Declaration; because of the reasonable dissatisfaction of the Architectural Control Committes with the proposed nature, .L�. kind, plan, design, ehaoe, dimensions, proportions, architec- tural style, color, finish or materials to be used therein, the fi itch or type of an p yp f proposed root, or the size, type or �- location of any proposed trees or nther landscaping to be planted on the Lot; or because of the reasonable dissatisfac- tion of the Architectural Control Committee with any aspect of the proposed Improvement which, in the reasonable judgment of s the Architectural Control Comaittee, would cause the proposed �` ;'•'�.. . ,• Improvement to be inappropriate, inharmonious or out of keeping with the general plan of Improvement for the Project, � . ? or with the Improvements erected on the other lots in the Project. - ,y r ' ume.ws»af.ecwamrt -7 D- ! . 5.a a� lb) FS�.j Son i7y ha Argiritec��r •ontrol Cam `rr�_ .,;;•,i„�,,.;;,;�; r�erti is�q g. The Architectural control committee s,:all take '•'Sj�.;;. action on all plans and exec if icationa within forty-five45 ( ) clays after submittal thereof to the Architectural Control 'z - Committee. In the, event the Architectural Control Cowaittea '� shall tail to act within said period, the plans and specifics- 5 tionn shall be deemed approved. Any action by the Architectur- al Control Committee on said plane and specifications, In- eluding approval,' conditional approval or disapproval, shall i c' be evidencad by a certificate signed by at Joliet two (2) E '"'• members of the Architectural Control Committee who concur on . ..` the action taken by the Architectural Control Committee. Ones 0— , issued, the certificate shall not be subject to change by tho Architectural Control Committee and may be relied upon by all parties affected thereby. The Architectural Control Committee shall retain the o_iginal of said certificate and one (1) copy f -1, of the plans end specifications, and shall promptly mail and -� execute a copy of the certificate to the owner. (c) In the event any owner who submits pans and specifications to the Architectural Control Committee is dissatisfied with the action of the Architectural Control Committee, and contends that the Arch- '� itecturml control Committee acted in an unjust, unreasonable, t arbitrary or capricious manner in reviewing and acting an such plans and specifications, such owner shall have the right to seek relief in accordance with section 2 of the Article herein f entitled "General Provisions." MOUMMM_ 111 '� �e-SSSCo-y.• P"_C4rD1+LQ_41 W2L$ The performance of any work approved pursuant to section 5 hereinabove shall be per- formed in accordance with the following provisions: I i (a) i mencement and Completion. The owner shall commence work on any proposed Improvement within forty-five S. (45) days following approval of the plans and specifications 4, by the Architectural control committee, or such approval r„iall i be deemed revoked. The Owner shall complete such Improvement It ' in a reasonably prompt manner. (b) performall�e of NO'�5. Except in the case of a bona fide emergency, all work shall be performed during rea- sonable daylight hours. All persons performing such work shall use their best efforts to minimize the duration of the work and the inconvenierice to other Owners in the Project. Al.. work shall be performed in a neat and orderly 'manner, and all _ reasonable safety precautions shall be taken during the ` performance of such work. _ (c) Jdemnification. The Owner of any Lot upon which any work for any Improvement is being performed shall save, indemnify and hold harmless the Architectural Control ` C. c. Committee and every other owner in the Project from and against any and ail liability arising out of or otherwise resulting from shy negligent or .intentional act or omission �•� ' relating to the performance of such works • Section ..1,.{, % 7• Tll@&e91140_0C '14Ik• � .•1;J,,, - (a) Notice and Inanec any Improvement, the Owner shalltIglve writtenenoticeethereof yr , ' to the, Architectural Control Committee. Within sixty (60) days after receipt of such notice, tine Architectural Control - '?'•'•'7 Committee; or its duly authorized representative, may inspect the completed 7 .provement to determine whr_a;.r it was con- •'.;'`tr�;� structed, erected or installed in substantirl compliance with the approved plans. It the Architer.•tural Con rol Committee, or '-`its duly authorized representative, shall fail to inspect the "completed Improvement due to no fault of the owner making ouch umfaa.iieivcwiewcwt , 1 1 � � Improvement, then such Improvement shall be deemed to comply 'i','rl,',':,', ,s with the terms and provisions of this Article. ,•�;'; (b) Affect- oP Noncomolianc3,. In the event the inspection discloses that the Owner has failed to construct the Improvement in accordance with the approved plane and specifications, the Architectural Control Committee shall promptly set a date on which a hearing sha11 be held regarding d the matter. Said date e;inll not be more than sixty (60) dayc t'I nor less than forty (40) days after the impaction. Written notice of the hearing date and the particulars of the noncom- plianca shall be given by the Architectural Control Committee to the Owner at least ten (10) days prior to the hearing. At the nearing, the Owner, the Architectural Control Committee and any other interested persons may present information releve-rit to the question of the alleged noncompliance. After s considering all such information, if the Architectural Control Y Committee determines that there is noncompliance, the Archi- tectural Control Committee shall specify the exact nature of the noncompliance, the estimated cost of correcting or t removing same, and ehall specify a reasonable period of time (� f ''•� the Owner shall have to remedy or removs the same after the date of the Architectural Control Committee ruling. If the Owner does not comply with the Architectural control Committee ' B ` ruling within such reasonable 'period or within any extension .`„ of such reasonable period, as the Architectural Control committee may grant in its discretion, the Architectural G Control Committee shall take such action against said Owner as ' is deemed appropriate, including the recording of a notice of x noncompliance in the Office of the County Recorder, and the filing of a suit declaring said noncomplying Improvement to be r I a nuisance and for abatement thereof. In furtherance thereof, all owners hereby agree that the Architectural Control e committee shall have legal rtanding to commence and prosecute legal proceedings against any owner to enforce the covenants e set forth in this Declaration. 1 4, Sert�4�$• T,BpI_Qy_,U Not Waives. The approval by the Architectural Control committee of any plans and specifications for an Improvement to any given Lot shall not be deemed to constitute i �p a waiver by the Architectural Control Committen of its right to object to the same features or elemwsnts embodied in plans and specifications submitted for approval for use on any other Lot. 1! ,$ect`on 9. Notwithstanding any other provision in this Article, should any Owner fail to notify the Architectural Control Committee of the completion of any Im- provement, as provided for heroi,nabove, from and after the one (1) I �' year anniversary of the completion of the Improvement for the a benefit only of bona fide purchasers and encumu±ancers for value, the completed Improvement shall be deemed to comply with the terms I and provisions of this Article, unless a notice of noncompliance or k noncompletion, executed by the Architectural Control Committee; was of public record in the Office of the County Recorder, or legal proceedings had been commenced to enforce compliance with these „ provisions l:rior to said sale or encumbrance. I Sectiorl_XQ• Prohibited Actigns. The Architectural Con- trol Committee shall not approve and no Owner shall modify or =, otherwise alter any perimeter, block wall, if any, originally con- structed by Declarant located along any public streeffn adjoining the Project, nor any fence constructed by Declarant on any Lot in : the Project. Notwithstanding the foregoing, in the event any ' decorative wall or fence or perimeter wall or fence is damaged or , 77 destroyed, the Owner of the Lo'. or Lots upon which the damage or destroyed fence or wall is located, shall -econstruct said wall or fence to the same atvle and appearance when originally con- _ structed by Declarant, or to such other sty a and appearance as may be approved by the Architectural Control Committee, at its tole � t cost and expense. 11mf.006-0f6f h'M OJaDI -1 Z— i ,'. ' •• '`tr•t, 1 _ - The kch.tectu�al Control Committee shall g following a ecific architectural controls applicable to thei l�^'1)• ,,r`r,r;; r .gin the ' construction gofpany and all works of 7mprovementpin order to . ; ,. •. maintain a uniform and attractive appaeran^is within the Project: (a) The R.^^sidonco• Each Lot is designed, and v f' intended for the construction of one (1) detachad Residence. No Residence (including any modification or v ( replacement thereof) shall excaed two (2) stories in the height above the existing grade. The measurements to be taken for these purposes shall be taken from the outer finished surfaces of the exterior wall*. Notwithstanding Q the foregoing, in accordance with condition*, of approval for the Project, no second story addition to any existing fp4 single-story Residerce shall be ,allowed. (b) The Garaa A private enclosed garagn for - -,� not more than ttree (3) regular passenger automobile sized vehicles shall b+s constructed on each Lot. •,F (c) liiai m{;m Setback-Be j:re"Jit_tt, ho 1 Residence shall be located on any Lot nearer to the front '\ Lot line or nearer to the side street line than the minimum building setback lines established by the appropriate governmental entity. , . (d) Roofs,- The roof of all portions of the Residence, garage or other outbuilding constructed on a Lot i? shall be of identical style, construction and materials. I m (e) The Architectural Control ., Committee may establish reasonable restrictions with respect to the construction of toolaheds and other m outbuildings upon any Lot in the Project, taking into i, account, the size and orientation of the Lot, and any ?' existing structures thereon, including such restrictions as u setbacks, size, location, architectural style, shape, - design, color, materials and finish. (f) S�r**tame, Unless f :r otherwise approved by the Architectural control Committee, ' any and all outbuildings, sheds or other structures f ;4 constructed on a Lot by an Owner shall be of uniform i architectural style, color, materials and construction as j that of the Residence originally 'built by the Declarant. (g) N_aUldrt2r:Y_i�•�L�_^-_,�r�i � Within six (6) months followinu the close of escrow for the purchase of - ,, any lot in the Project, the purchaser of such Lot (or any successor thereto) , shall at such Owner'*. own cost and _ ' expense, cause his front yard (and exposed side yard in the �. case of a corner Lot) to be fully landscaped in ac_ordanca with the plans and specifications approved by the Archi- ; tactural Control Committee. Thereafter, the Owner of such _ - Lot shall maintain his front (and slide) yard landscaping in ' a neat, clean, safe, sanitary, healthy and attractive condition at all times and shall bear all costs thereof. Sectign U, owner Acknowlsdaemen_t, Each Owner ff understands and, by acceptance of a deed or other conveyance of a �'' 'Y?,"t1;;1"•• u, Lct, acknowledges that the Project does not represent a commor. interest development, as more particularly defined in California .,�r;•x Civil Code Sections 1950, _Qt r q., that includes membership In an association which, by law, subject to certain limitations, has the t power of a corporation and includes the ability to levy assess- ? meets. Any owner who serves as a member of the Architectural Control Committee is not protected under any liabi ity policy or , . director'a and 11055.006-7565.FCN O40291 -13- officers, insurance policy that would normally be purchased by a homeowners association in a common intereut development, nor are such members assured that provisions of Section 13 herein will properly indemnify said masher from and against lose, coat, liability and expense that may bo imposed upon such members in t, connection with any claim, action, ouit or proceedings, or threat thereof, made or instituted, in which such members may be Bade a �^ party by reason of an action alleged to have been taken or omitted 1.. B Y S • :` by member in ouch capacity as a member of the Architectural Control Committee. 5A-FkyRD.31• Ns7 dJA kl.litY for Approval. Plane and ape- cifications are not Approved for: (A) engineering design, (b) compliance with zoning and building ordinances, and other ap- ;� plicable statutes, ordinances or, governmental rules and regula- tions, (c) compliance with regulations of any public utility, (d) any easements or other agreement, jr (a) preservation of any view, t, and, by approving such plans and specifications, neither the 3 Architectural Control Committee, cr the members thereof, nor Declarant, or agents, employees, attorneys, consultants or any of 1 :Y the foregoing, assume liability or rerponsibility therefor, or for any defect in any improvement constructed from such plans and Yi \ specifications, or for any obstruction or impairment of view caused �\ or; created as a result of any improvements approved by the Ve Architectural Control Committee. To the fullest extent permitted by 9 law, membara of the Architectural Control Committee shall not be I ` liable to any Omer for any logo, damage, injury or prejudice I{f q arising out of or in Any way connected with any decision, approval ?z. or disapproval of plans or specifications (whether or not defec- xX tive), course of action, act, omission, error, negligence or the f +} like, unlerss due to the willful misconduct of the Committee ' members. j 'I ARTICLE V KAINTENANCP Sect•op_l. ?LA i1t�Aarre 3f LOt3• Subject to the provi- sions seu forth in the Article herein entitled "Architectural Con- trol - Approval," each Owner shall maintain all Improvements on his Lot, except those portions, if any,, maintained by a City lighting 'f and landscape district, in a neat, clean, safe, sanitary and - attractive condition at all times, and shall bear all costs - thereof. Any slopes and terraces on a Lot shall be maintained so as y _, to prevent any erosion thereof upon adjacent streets, other Lot,, in the Project or adjoining property. Section Z.• JLanao�SSLliidence. If all or any portion of a Residence is damaged or destroyed by fire or other casualty, j the owner shall either promptly rebuild the Residence or clear his l Lot of all debris and restore his Lot to a neat, safe and attrac- .. tive condition. ' SLQr a Damage to 47alls and Fences. Each Owner '• whose Lot, or portion thereof, is improved with a block wall or i fence, as required in the conditions of approval for the Property, shall he responsible for maintaining, repairing and replacing said Improvements in the same clean, safe, sanitary and attractive condition as originally provided by the Declarant. Any and all - +. ' improvements or modifications thereto shall be in substantial i ,' _:• •' conformance with the original design and materials utilized by the , r s Declarant, or as approved by the Architectural control committee. Section a. Drainage. All drainacs devices, including, .. but not limited to, drainage swalea and area drains, located on , each owner's Lot shall be maintained by said Oaner in a clean, safe and attractive condition at all tlieso, and free of any and all debris. In the event said Owner doom not comply with this mainte- i I,OSS.00blfei,ru dotal -lA- o. "* A nance responsibility and the drainage devices impact the adjoining V"y'" ;a„trl;tF Lots, the owner of said Lot is hereby granted an aascmtnt across the adjacent Lot as necessary to maintain, clear and repair the drainage devices to ensure proper drainage. i) ARTICLE VI ANNEXATIQN OF ADDITIONAL PROPERTr XAdditional property may be annexed to and become subject to this Declaration, as set forth in this Article. �~ SectiQD_1• ALDeXfl tJ..4D3�i reuant to 7�gvroval. Upon ob- taining the approval, in writing, of the Owners of sixty-raven ) percent (67%) of the Lots in the Project, the owner of any property I �' who desires to annex said property to the scheme of this Declara- tion may so annex such property by filing in the Office of the county Recorder a Notice of Annexation, as described in Section 7 of this Article. _y Sect19D�• BDR7}1tS1.t�,.4RY1�Sspant ty G�I1�Lp1 Plen. All ��. or, any part of the real property described on Exhibit "Ba attached hereto as Annexation Property may be annexed to the Property and added to the achame of this Declaration without the assent of any Owner, provided and on condition that: i (a) Any annex rtion pursuant to this Section shall � V be ma-'o prior to seven (7) years from the date of recordation m of this Declaration; (b) The develnpment of the Annexation Property shall be in substantial conformance with the overall general `O plan of development for the Project originally submitted to and approved by the City and the VA/FNA with the processing , papers for the Project. Prior to any annexation, plans for the i development of such Annexation Property must be submitted to the VA in order to determine that such plans are in accordance ( with the overall Project; and + (c) A Notice of Annexation, as described in Section I _ of this Article, shall be recorded covering the Annexation Property. k 7 Section 3. Notic@.QE�nnexat The annexation of !! - •. additional property authorized under this Article shall be made by E filing of record a Notice of Annexation, or similar instrument, If covering said additional property, and the Notice of Antr_xation shall expressly provide that the scheme of this Declaration shall I - extend to such additional property. The Notice of Annexation may contain such complimentary additions to and modifications of the f covenants set forth in this Declaration which are necessary to reflect the different character, if any, of the annexed propertyand which are not inconsistent with the general scheme of this Declaration. Except as set forth in this Section, no Notice of Annexation shall add, delete, revoke, modify or otherwise alter the f covenants set forth in this Declaration. Section 1. B19h4�IQ9=LDRexation. Declarant hereby reserves the right to de-annex any property which may be annexed to ; the Property pursuant to this Declaration, and to delete said property from the scheme of this Declaration, provided and an "'•` c' �` condition that the de-annexation shall be made prior to the closing a of the sale of the first Lot in the property to be de-annexed. i i i ��.4Il_�• EffectivQ�ate o,�j; ',7 exaticn. Any Notice of Annexation recorded on a subsequent Phase of the Project shall become effective immediately upon the first close of an escrow for • umt.00e.tx+.rcuam�, -15- � : t :;1 the sale of a Lot in said Phase, as evidenced by tht• recordation of � .,,;,;y • the first instrument of conveyance for said Lot. �'..,,,•. � !� '.,,.:r Suction 5. Amentinept{t�w NotJ,ces of AnD_47i6t.�4n• Not- withstanding any other provisions in this Declaration to the con- e. trary, a Notice of Annexation may be amended by the requisite 4 "' affirmative vote of Owners, as set forth in the Article heroin entitled "General Provisions,' in only the annexed property do- scribed in said Notice of Annexation :rather than all Owners in the Project, on conditions that such amendment applies only to the ( annexed property described in said Notice of Annexation, and that such amendment shall not revoke or otherwise contradict any of the p� covenants set forth in this Declaration. -� :p= III ARTICLE VI.I > GENERAL FROVI5IONS ), ^r I'1 Section 1. Bsf_gr e eIl�• a 1 (a) EILLorcemen� RiehJ�A. The City of Palm springs, any other appropriate governmental agency and/or the owner of 1; any Lot in the Project, including the Declarant, shall have the right, but not the obligation, to enforce, by proceedings { at law or in equity, any or all of the covenants imposed by this Declaration, including, without limitation, the right to _ prosecute a proceeding, at law or in equity, against thn person or persons who have violated, or are attemoting to violate, any of said covenants, to enjoin or prevent them from I ` y doing so, to cause said violation to be remedied and/or to } recover darages for said violation. In the event the City of Palm Springs or any other appropriate governmental authority .moo incurs any cost or expense enforcing any covenant, condition or restriction herein, including, but not limited to, actual attorneys' fees and costs of suit, whether or not an action is filed, such fees shall be paid by the person who committed the violation or threatened violation, or tailed to comply with any covenant, condition or restriction contained herein. " (b) Violation of Covenant Desmed Nuisancg. The •- , result of every act or omission whereby any of the covenants e contained in this Declaration are violated, in whole or in ;< par:, is hereby declared to ba and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, ? either public or private, shall be applicable against every p nuch result and may be e::ercised by the appropriate governmen- tal agency or by any Owner, including the Declarant, or by _ such Owner's successors in interest. ;} 1 (c) Remedies Are �i CSll tJtiye. The remedies herein j provided for breach of the covenants contained in this Dec- j . laration shall be deemed cumulative, and none of such remedies �. . shall be deemed exclusive. .z' (d) Failure t9_EDfo1_U govenants. The failure of the appropriate governmental agency or any Owner, including I the Declarant, to enforce any of the covenants contained in this Declaration shall not constitute_a waiver of the right to enforce the same thereafter. (e) Effect of Nreach-Qp Mortgagees. A breach of the 1 covenants contained in this Declaration shall not affect or i impair the lien or charge of any Bona fide mortgage or deed of ` trust made in good faith and for value on any Lot; provided, however, that any subsequent owner of such Lot shall be bound ._ by said covenants, whether or not such Dwner'a title was acquired by foreclosure, a trustee's sale or otherwise. Y •+ II"5.006)MI PCM O"a11 -1(i- � - Zi F ._ 1 a .� (f) pines. Each Owner agrees, by the acceptance of his deed, that recovery of damages at law for any breach of the provisions of this Declaration would not be an adequate remedy. In order to encourage compliance, detar nonconpllance ' and enable the effective anforcemont of thin Declaration, the �_, Doclarant (no long as Declarant ownu any Lot within the Project) and/or the Architectural Control Committee is � ' _ ',- authorized to actablish and collect fines and penalties, in addition to any fines and penalties which may be impound by 1� ,� the City pursuant to the appropriate authority of applicable 7 municipal codes, for the breach of any provision of thin ` Doclaration which is not cured or which reoccurs after the violating owner has received written notification of said violation. The fines and penaltiea shall be determined by i _I taking into account the: (1) violation, (2) desirability of + - deterring future violations, (3) the expense related to alternative legal action, and (4) all other reasonable related _= factors. The Declarant and/or Architectural Control Committee shall take all appropriate, reasonable and practical action to , 4' collect the fines and penalties. All such amounts collected shall be deposited in a bank trust account and shall be applied to expenses incurred in connection with enforcement of \., said provision or restriction. Any surplus not reasonably :",Wlrad an a reserve for future expenses may be utilized in i any manner by the Architectural Control Committee so long as I ° such utilization reasonably benefits all owners in the ! i Project. ;Ye + i Sgrtion 2. LrLaLation_ot Disputes. ryt G l;„ (a) Arbitrati,4n�etorep�es_s' Arbitra�,jo� Panel. _Tn the event of a dispute Between owners concerning any i r ;i of the covenants set forth in this Declaration, and all of the owners involved in such dispute so desire, the matter may be � resolved by arbitration before a "Homeowners' Arbitration Panel." The Homeowners' Arbitration Panel shall consist of 1 'J• one (1) uninvolved owner selected by the owner or Owners of j '"• each Lot involved in the dispute, and one (1) additional ' uninvolved Owner to be selected by the members of the Home- i owners' Arbitration Panel. In no event, however, shall there 1'e be more than five (5) members on any such Homeowners' Arbitra- i tion Panel. Upon establishment of a Homeowners' Arbitration j Panel acceptable to all parties, each involved Owner shall I execute and subait to the Homeowners' Arbitration Panel a 7 written consent setting forth the issue or issues to be resolved, and agreeing to be bound by the Homeowners' Arbitra- tion Panel's datermination thereof. The Homsowners' Arbitra- tion. Panel shall then set: a date for hearing and give cash owner involved at least ten (10) days notice, shall conduct the hearing on the matter, shall give all interested parties i an opportunity to be heard, shall make a good faith determina- tion of the rights and obligations of the parties and shall �i promptly advise each interested Owner of the Homeowners' Arbitration Panel's decision. Such determination shall be , binding upon all interested owners, unless the Homeowners' Arbitration Panel failed to act in good faith and/or acted n arbitrarily and capriciously. (b) Arbitration Ep_ 5re In the e'.ent of a dis- puts between owners concerning any of the covenants set forth in this Declaration, and all of the cM.•ners involved in such dispute so desire, the matter may be resolved by arbitration . in accordance with the Comaercihl Arbitration Rules of the } American Arbitration Association ("AAA") before an arbitrator ?• selected from the panels of arbitrators of AAA. The prevailing e party in any such arbitration proceeding -:hall be entitled to %+ reasonable cost7 and att .rneyo` fees incur rnd in the arbitra- Y tian proceedings in such amount as shall daterr_ir.ed by the ' - arbitration panel. „i im11 ai61161 rciu dmfl —17— _ J. • r ' y.-3nvalidntlonof "cry one of �""r' "�•!� 'r'' these covenants by judgment or court order shall in no way affect :•;_.iF;• any other provisions hereof, whichl shall remain in full force and ,.+ affect. " ti80.k14.0A• 'form• The covenants set forth in thlr Dec- I 1+ laration shall run with and bini the Project, and shall inure to 1 the benefit of and be enforceable by the controlling governmental j agency and by any Owner of a Lot in the Project, and h!s heirs, A a i �•'�' eucceaaors and assigns, for a term of fifty (So) years from the _ date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periode of ten (10) j '- , years, unless an instrument, nigned by the then Owners of a �P majority of the Lots in the Project, agreeing to terminate said covenants and restrictions, in who'lo or in part, has been recorded within one (1) year prior to the termination of tiro initial fifty _ (50) year terms, or within one (1) year prior to the termination of Q ,0 any successive ten (10) year period. =� $eatyvn__.C• 9911ati3L911 , The rrovislons of this Dec- laration shall be liberally construed to effectuate its purpose of i, creating a uniform plan for the development, use, occupancy and enjoyment of the Project. The Article, and Section headings have �\ been inserted for convenience only, and shall not be considered or II 'h referred to in resolving questions of interpretation or construe- tion. i Section 6. Singular Includes Plural. Whenever the context of this Declaration may so require, the singular shall . r! include the plural, and the masculine shall include the feminine I i and neuter. .� 'i Section 7. jLmendmollkJ. This Declaration may be amend- ed only by the written assent of the Owners of not lees than sixty- seven percent (67%) of the Lots in the Project. This amendment e I provision shall not be amended to allow amendments by less than the , percentage set forth hereinabove, nor shall any provision herein _ �i regarding Declarant's rights be amended without Declarant's fY consent. An amendment made in accordance with the provisions set forth hcreinabove shall be effective when it is set forth in writing, executed before a notary public by the requisite number of Owners and recorded in the office of the County Recorder. Upon I{ such recordation, the amendment shall be effective and binding upon ! " all Owners, regardless of whether such Owner consented to such 11 amendment. 4 a_1:j,9n-@. NQkJg4._.. Any notice to be given to an Owner or to Declarant under the provisions of th_s Declaration u" shall be in writing and shall be deemed to have been properly delivered when personally delivered or delivered to a common r• courier for personal delivery to the addressee, or placed in the United States mail, panties prepaid or delivery to a person giving Y such notice by electronic means. Any such notice shall be directed to the address of the party to whore intended as follows: } It to Declarant: `. Markham San Rafael Partnership Ir r • C/o The Mark Anthony company 777 North Palm Canyon Suite 402 Palm Springs, California 92262 If to Owner: p. To tits street address of tt , Lot _ of such Owner. ume oosrwe rev peer -le- .'r,'' �r > , e y - rnrrw....�. .ern t"e. .rar':vr,r. ......��.'''��.V''•. Yr.r " .. f declurheriLLt to enforce the covenants en nts of this sbDeclar of Declaration, to tS et ion 9. A' ornev In the event an owner 01 en Lot shall ^'-''• 9 y breach, of said covenants, the prevailing party in such proceeding ; a shell be entitled to reeocar from the losing party Its reasonable coats,, including reasonable attorneys' Sees, as may be determined p' by the arbitration panel. 41 IN WITNESS WHEREOF, the undersigned, being the Declarant, ''''' y, has executed this Declaration on the day and year first set forth hereinabove. �0 ' "DEC'LARANT" 1 MARKHAM SAN RAFAEL PARTNERSHIP, - a California general partnership BY: MARK ANTHONY DEVELOPMENT w, COMPANY a California corporation _ A General Partner _` BY, COBEN Vice President �' � v b b I I; STATE OF CALIVORNIA ) , J ee. S COUNTY OF ORANGE ) i� 4 On lam._��1A 19�'/ , before me, the undersigned, a Notary Public n and d for said State, personally appaared MARK H. COHEN, personally known to we (or proved to re on the basis of satisfactory evidence) to be the pornon who executed the within - 1V"' instrument as Vice President on behalf of MARK ANTHONY DEVELOPMENT _ CUHPANY, the corporation therein named, end acknowledged to me that said corporation executed the within instrument pursuant to its By- , Laws or a resolution of its Board of Directors, said corporation being known to me to be a general partner of MARKKAM SAN RAFAEL -- PARTNERSHIP, the general partnership that executed the within ' instrument, and acknowledged to me that such corporation executed }:r ?; the same as such general partner and that such general partnership executed the same. WITNESS my hand and official seal.' OFFIGN.SM -r•G- /�7. /-�� ej,o�kmwMUVEO gnat�Notary Public Oe.{ ol M ; - '• �;)�} Y ' _ (SEAL) iw`K4.�1'k.4� . aiM�r,Y,M:&hMJ'YFf u'k�Aw:" KA>'tl' ^;9MrF"bWkM['.r//'y4141 I2!nI 40A.,44.11,A{I?F'da1S0�rf AIro*N41Yrwn MSPnich�t7a 51' ��a '�<'I:'h•.f•'•if p1 Jf t#r'r; , •�� /.. SUBORDINATION OF LIEN YN- ; n The undersigned beneficiary 9 ry under that certain Deed of ' ;;g•, 5,5. Trust recorded on Ju t.v 19 1994 as Instrument No. 266865 ;�:� d '; �oJ`',• in the Official Records of Ri.vere de County, California, agrees s that the lien of the Deed of Trust shall be junior and subordinate �''u and subject to the attached Declaration of covenants, Conditions ` and Restrictions, and Reservation of Easements for. Vintage pains.r i DATED: April 18, 1991 "LIENNOLDER" j �d h EDLANDS FEDERAL DAuir I" a • ,'Si .I Bf: Its: Senior r Yif& pJjlj nt y Chief Loan Officer Its: _Scalor Vice President General CounselfllL?'''; e yl STATE OF CALIFORNIA y y se. `4 - COUNTY OF San Bernardino ) f• i On April 18 , 19 91 , before me, the undersigned, aA. Y Notary public in and for said State, personally appeared ii Rover Steelman and D. Brian Reader t personally known to me ( ,cFrmc�]c;t>mcamc]o�>tCp —y'j-cylpc , kBE$»x3:danaak to be the nersonc, who exrcuted the within instrument JJ as Senior Vice President and Senior Vice President_ on "• ' ' behalf of _ Redl 1 F I Denk the Lienholder therein named, and acY.nowledged to me that Bald Officers executed the within instrument pursuant testa By-Laws or a>=esolution of its Board of Directors. � i!+�,�,?,, ��,,Wit;`• : WITNESS my hand and official Bee:. '•`•, •`�i- �,'� + Sit}bature of Notary publlc ,1 3;."�e��,°{,=; 'i•.;'k; SAA .P.IX.A L WAUTR INYay ppr;.CaYorna (SEAL) WI E9MANOHO COUMY — If'G.rlar[aMe Eq+40 ' ' J: Ilm]mb]]6f.ICjipp]}I •��y;'•:.,:y`.+-.C'J'S� m�il:. a;s�,;,.;n...,ia.,,a„8u.,•,arict,r�3_., ...�,,. ., .. .. 4'1',�',�.�i'A-�.f� ,qt�•YAn'nM,'W,�Wki�Mdi1LL,4.r:}.yyr:Y�_ S /� .. Ig The Property shall mean and refer to that certain real tp property located 1n the city of paln 6prings, Ccunty of Riverside, ' x state of California, mores r ' •'{ `' i+. particularly described as: - • ``"``�� k Lots 1 through 61:, inclusive, of Tract 24851-1, as shown on a Map �� {;;tl°• recorded in 6aok 221 , Pages 8 to 11, inclusive, Of Maps in the o-f?1ce 07 the County Recorder for Riverside �� ?•" County, California. R, .1 H y i .'J r 1' Ir.IU •I .p.l � is umf.ros�xa.rt,,o;ar, page 1 of 1 Page ! i,: F�;1';:':j EXHIBIT 'Ed lZ�� •"'y iif` 711E )trHevATfpN PROPERTY i r1�y; f.. -he Annexation Property shall mean and refer to that eertr.in real property located in the City of Pala Springs, County Of Riverside, State of California, more particularly described as: " ((i i) All portions of Tentative Tract 24853, as on file in the Planning ' Department in the City of Palm Springs. rPY + 'E ja ,PJ• i jw 4t; IIVJ1 d56)Se.prEtpgxt - � f-.';'Ij,;R::;�:rl.i, Page 1 of 1 Page +1 i ., ..+,n,,. +<«.I,w :•�rnrn.l. •�G '^�..� .c14C�d,.��kP,��"�[:.�r tf ' EXHIBIT nC" d6r, ARCHIT Omni. r R :; " (Please see attached) 0 -1•', .I ( x I, `� fit.•.' H _ b i, Ilmf.mMlMf.ICy;AWfl �•r°°+::':� t Page 1 of 1 page; _ ,.�i,;`;"^,�•�"°� ' ,recording requested by and =•+r r':'r'�"'^ when recorded return to: ' '� •')• �-•r�^'.:; (Space Above For Recorder's Use) NOTICE OF ARCFfITEC7ClIRAL CONTROL �Q COMMITTEE ELECTION THIS NOTICE OF ARCHITECTURAL CONTROL COMMITTEE ELECTION 1 •'.�("Notice") in made this __ day of 19_ by {, ;hereinafter referrad to as the "Architectural Control Committee "x Members") . w B E C S I A L Z: M e A. In accordance with Article IV of that certain "Declaration Of revenants, Conditions and Restrictions, and Reservation of Easements for Vintage Palms" (-Declaration-) _ recorded on , 14 as Instrument No. , in ,. the official Records of Riverside Cuunty, California,, a majority of the Owners of Lots in the Project (as defined in the Declaration) , " t"-•' ' elected three (3) members to the Architectural Control Committee- H. The Architectural Control Committee Members desire t to record this Notice to identify the address to which proposed architectural plans should be submitted, and to identify the cur- _ rent Members of the Architectural Control Committee. - NOW, THEREFORE, the Members of the Architectural Control Committee hereby declare as follows: 1. The address, until otherwiaa modified, for submis- sion of plans to the Architectural Control Committee is: 'f`•�� "'` a , umf.anun rcu mmn Page 1 of 2 Pages ". �. "As of and continuing ¢hereafter for a period of one (1) ycer, unless terminated earlier in accordance with the provisions of Article IV of the Declaration, ''i11iy the following owners of Lots in the Project shall constitute the Architectural Control committee; ^`i ep", IN WITNESS WHEREOF, this Notice has been executed by a w� r majority of the Architectural Control committee Members on the day and year first written above. - E— "ARCHITECTURAL COMTROL COMMITTEE 0 MEMBERS" I m ' e � t o-k�,j I ray t�•y5}. ip?% -pi4..•,iiclei Peas 2 of 2 Pages ly.r;rN:kiaTly l4 A:�I..;»M'r,.i.Yhl[l>/YMJ"v'�!n'llnll'M3T}'rv+,MYr4^r�nf i:...1v -y. .. ' :Y•'�H�� ^T}Y�• i pp dTATE OF CALIFORNSA - j - f1,_f A:'"I,�1A"„ ��.�•••i< _— COUNTY OF On , 19_, before me, the undersigned, a J •` �" " ' i Notary Public in and for said Stata, personally appeared personally known to me (or proved to me 1 i '? on the basis of satisfactory evidence) to be the person whose name i is subscribed to the within instrument and acknowledgeO to me thrt executed the same. WITNESS my hand and official seal. 0 � 5 gnaturro of Notary Public (SEAL) kVIA f �H , f STATE OF CALIFOFYIA ) COUNTY OF _) - On 19,, before me, the undersigned, a Notary Public in and for said State, personally apperred personally known to me (or proved to me ` I - on the basis of satisfactory evidence) to be the person whose name ) ' is subscribed to the within instrument and acknowledged to me that _ executed the same. _ WITNESS my hand and official seal. + S gnature of Notary Pub- c (SEAL) IIM7O 3rj 1'cFJ0j :s