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Home My WebLink AboutCT 91-07; LA VERCIA CONDOMINIUMS; Tentative Map (CT) (6)• ' CI1Y OF CARLSBAD " LAND USE REVIEW APPUCATION FOR PAGE 1 OF 2 '~ 1) APPUCATIONS APPUEO FOR: (CHECK BOXES) (FOR DEPT USE ONLY) (FOR DEPT USE ONLy) 0 Master Plan ' 0 Specific Plan 0 Precise Development Plan 10 Tencative Tract Map 0 Planned Development Permit 0 Non-Residential Planned Development ~ Condominiwn Permit 0 Special Use Permit 0 Redevelopment Permit 0 Tentative Parcel Map 0 Administrative Variance CJI--O 7 9/~tJl/ o General Plan Amendment o Local Coastal Plan Amendment Kl Site Development Plan N} o Zone Change o Conditioqal Use Permit o Hillside Development Permit Qg Environmental Impact Assessment o Variance o Planned Industrial Permit o Coastal Development Permit o Planning Conunission Determination o List any other applications not' specificed 2) LOCATION OF PROJEcr: ON TIlE I South I SIDE OF I TamaraCk-AJreplJe (NORTII. SOU111 EAST, WEST) (NAME OF STREE'D I . I IAT~SFEELHjbjsClS cirdle BEiWEEN Garfield Stl AND (NAME OF STREE'D (NAME OF STREf:'D 3) BRIEF LEGAL DESCRIPTION: I Lot 8 Block S of Palisades 2. 'Citv of Ct=lrl ~h;::)('l '-'l~ to Map 1803, filed 8-25-1924. 4) ASSESSOR PARCEL NO'(S). I 206-020-05 I ~g I 5) LbCAL FAClUTIES I 1 16) EXI5nNG GENERAL PLAN I RH : 17) PROPOSED GENERAL PLAN INo Ch~gE MANAGEMENT ZONE DESIGNATION DESIGNATION 8) EXISTING ZONING I RDM 19) PROPOSED ZONING Np Changao) GROSS SITE /.41 I , ACREAGE 11) PROPOSED NUMBER Of D 12) PROPOSED NUMBER [2] 13) mE OF SUBDMSION I Res.,) RESIDENTIAL UNITS OF LOiS (RESIDENTIAL COMMERCIAL INDUSTRIAL) 14) NUMBER OF EXISTING RESIDENTIAL UNITS ( O/vacant 1bt I Nii ,'I 15) PROPOSED INDUSTIUAL I N/A 116) PROPOSED COMMERCIAL OFFICE/SQUARE FOOTAGE SQUARE FOOTAGE ~ i , i I I I I I -/ \. CITI OF CARl.SBAD LAND USE REVIEW APPUCATION FORM PAGE 2 OF 2 17) PERCENTAGE OF PROPOSED PROJECf IN OPEN SPACE N(A 18) PROPOSED SEWER USAGE IN EQUIVALENT DWELLING UNITS 5 19) PROPOSED INCREASE IN AVERAGE DAlLY TRAFFIC 40 20) PROJECT NAME: 21) BRIEF DESCRIPTION OF PROJECT: I 5-upit condaninium on 1 lot 22) IN THE PROCESS OF REV1£WlNG THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF C1TI STAFF, PLANNING COMMISSIONERS. DESIGN REVIEW BOARD MEM~ERS, OR CITI COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS TIiE SUBJECT OF nils APPLICATION, IIWE CONSENT TO ENTRY FOR THIS PURPOSE See attached (all mllners-consent) SIGNATURE 23) OWNER 24) APPUCANT NAME (PRINT OR TYPE) NAME (PRlI'IT OR TYPE) c/o Paul Blanton Michael Dooley/ A.R.C. Grou MAlUNG ADDRESS MAILING ADDRESS 780 Chaparral Lane 5751 Palmer Way, Suite H ! cm AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Escondido,CA ~~025 (619) 747-0921 Carlsbad, CA 92008 (619) 431-6868 I C£JInFY TliA T I AM THE \.£cAl. OWNEJ! AND niAT AU. THE AJtC1VE INfORMAnON IS TRUE AND COAAECT TO THE 8£STOf MY I(]O()WLEDG£. SIGNATURE DATE ................ *--_ ........... -.................... * ••• **.*.**.* •••• fOR em USE ONI.Y FEE COMPUTATION: APPUCATION 1YP1t FEE REQUIRED cr-(0 5>-0 rOO cop 36 gO·<'X) e:-IA-2,IO.~ Pp-,c CfD. oc) TOTAL FEE REQUIRED DATE FEE PAlO I CEJ\ nn TliA T I AM TIlE \'£cAL OWHfJI'"R£Pf(.£Sf/(f A 1lVf AJj 0 niAT AU. mE IIlIOIIt IN fORMA nON IS nu£ 'ANO COfUIUT TO THE BEST Of'loft tCNOWUOO RECEIVED BY: I RECEIPT NO. '67 CJ ,./' ,/ .... , i I ! , I • MAIN OFFICE 1843 HOTEL CIRCLE SO., #100 SAN DIEGO, CALIFORNIA· 92108 (619) 296-8300 FAX (619) 296-8869 • NORTH COUNTY .BRANCH 731 W. SAN MARCOS BLVD. #121 SAN MARCOS, CALIFORNIA 92069 (619) 744-2000 FAX (619) 744-2340 FOUNDERS TITLE COMPANY PRELIMINARY REPORT· ESSEX ESCROW 988 ESCONDIDO AVE. VISTA, CA Attention: VICKI Your Ref.: 7955-REVISED Our No.: 118086-6 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, FOUNDERS TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. DATED AS OF: April 26, 1991 at 7:30 A. M. FOUNDERS TITLE COMPANY BY: =T=I=T~LE=-O=F=F=I~C=E=R~-----------------------------=K=EN=T=-S=C=HM~E=E~C=K=L~E~----- srj /srj ex: pb NORTH COUNTY BRANCH (619) 744-2000 • •• SCHEDULE "A" ORDER NO. 118086-6 PAGE NO. 2 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: A CLTA STANDARD COVERAGE POLICY -1990, OWNER'S POLICY. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: TAMARACK PARTNERS, A CALIFORNIA GENERAL pARTNERSHIP THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: Lot 8 in Block S of PALISADES NO.2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1803, filed in the Office of the County Recorder of San Diego County August 25, 1924, Excepting therefrom the Southwesterly 15 feet thereof and the Northeasterly 60 feet thereof. • •• Order No. 118086-6 Page No.: 3 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any assessments collected with taxes, to be levied for the fiscal year 1991-1992 which is a lien not yet payable. 2. The Lien of Supplemental taxes, if any, assessed pursu~nt to the provisions of Section 75, et. seq. of the Revenue and Taxation Code of the State of California. TAX INFORMATION: Fiscal Year: Code Area: Parcel No.: Land: Improvements: First Installment: Second Installment: * * * * * * 1990-1991 09000 206-020.,..05 $23,226.00 $8,785.00 $198.29 Paid $198.29 Paid NOTICE EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, HAS ADDED SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: :CASH AND BY ELECTRONIC TRANSFER ("WIRED FUNDS") WILL BE AVAILABLE FOR SAME DAY DISBURSEMENT. :CASHIER'S CHECKS, CERTIFIED CHECKS, AND TELLER'S' CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENT. :ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. :A DRAFT WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS BEEN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK. • • SCHEDULE B CONTINUED: ORDER NO.: 118086-6 PAGE NO. 4 IF YOU ANTICIPATE HAVING FUNDS WIRED TO FOUNDERS TITLE COMPANY, OUR WIRING INFORMATION IS AS FOLLOWS: WELLS FARGO BANK 420 MONTGOMERY STREET SAN FRANCISCO, CA. 94163 ABA NUMBER 121000248 CREDIT TO FOUNDERS TITLE TRUST ACCOUNT NO. 4652053687 WHEN INSTRUCTING THE FINANCIAL INSTITUTION TO WIRE FUNDS, IT IS VERY IMPORTANT THAT YOU REFERENCE FOUNDER'S TITLE ORDER NUMBER. SHOULD YOU HAVE ANY QUESTIONS IN THIS REGARD PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. • SCHEDULE 1 CALIFORNIA lAND TInE ASSOCIATION STANDARD COVERAGE POLICY -1990 • The fo"o~ing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the' land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. J. Defects, liens, encumbrances, adverse daims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; I . (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polky, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. ; . 5. Invalidity ur unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced U} .;.;. the insured mortgage and is based upon' usury or any consumer credit proteCtion or truth in lending law .. o. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction treating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses reslJlting from: 1. Taxes or assessments which are not shown' as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessmenis, or notices of such proceedings, whether or not shown by the records of such agency or by th(~ public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. . J. Easement$, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the iSSllan('e thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. .. AMERICAN I.AND TITI.E ASSOCIATION OWNER'S POI.ICV FORM B -1970 (AMENDED 10-17-70) Set IEDULE Of EXCLUSIONS fROM COVERAGE . I. An} law, ordinance or governmental regulation (including but nut limil'ed to building and loning ordinances) restricting or n'gulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement no ..... or hereafter erected on the land, or prohibiting a separation in ownerships or a reduction in the dimensions of area of the land, or the eftect oi any violation of any such law, ordinance or governmentdl regulation. L Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appear~ in the publt( records at Date of Policy. . 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (u) not known to the Company and not shown by the publiL record~ but known to the insured claimant either at Date of I'oli( y or at tilt' the date su(.h claimant acquired an estate or interest irlsured by this polky and not disclosed in writing by the· insured claimant to the Company prior to the date such insured claimant became an ill~ured hereunder; (c) resulting in no loss or damage to the in~lIred claimant; (d) att.J('hing or created subsequent to Date of Policy: or (e) (c-sulting in loss ur damage which wuuld not have tlt'en ~ustdint'd if the insured claimant had paid value for the estate or interest insured b} this policy. • • SCHEDULE 1 (Continued) AMERICAN lAND TInE ASSOCIATION LOAN POUc.."Y -1970 (Rev. +6-90) WITH A.l.T A ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Tht! following mattt!rs are expressly excluded from ~he coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating, or prohibiting the occupancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now or I hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the' effect of any violation of any such law, ordinance or governmental regulation., 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; , (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in I writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) .resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is ' afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent own~r of the indebtedness to comply with applicable "doing business laws" of the state in which the land is situated. 5. Any claim, which arises out of the transaction creating the interest of the mortgagee ,insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMERICAN lAND TInt: ASSOCIATION LOAN POLICY -(4-6-90) WITH A.LTA ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting Ihe land has been recorded in tilt' 'public records al Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notice of a defect, lien or encumbrance resulting' from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) ueated, suffered! assumed or agreed to by the insured daimant; (b) not "nown to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; . (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, Iilbor or material or the extent insurance is afforded herein as to assessments for street improvements under construt\ion or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. -;1. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the ': inability or failure of any l>ubsequent owner of the indebtedness, to comply with applicable "doing business laws" of tht! state in which the land is situated. 5. Invalidity or unenforceilbility of the lien of the insured mortgage, or claim thereof, which arises out of tht! transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. o. Any statutory lien for services, labor or materiills (or clilim of priority of. any statutory lien for services, Idbor or materiab over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Dale of Policy lhe insured has advanced or is obligated to advilnce. 7. Any clilim, which arises out of the transaction creating. the interest of the mortgagee insured by this policy. by rt'dson of the operation of federal bankruptcy, state insolventy, or similar creditors' rights laws. ~: f • • SC .... EDULE 1 (Continued) AMERICAN ~D TInE ASSOCIATION RESIDENTIAl TInE INSURANCE POUCY -1979 EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered TItle Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 'J. 2. 3. 4. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of parties in possession of the land. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covered Title Risks. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the affirmative coverage in Item 12 of Covered Title Risks. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in patents or in acts authorizing the issuance thereof. f:, " 4 ,,~l'~t I' .. ~Qtltt' Ih'~" "p,th" ~ ptal "'" "'oU,.Pi \~ ,. lu'n~eii mer~!f ~\ ~ .. """,,,'P"C,P '" .1 .. I V(II' ,., I"", "'.~ ~"(' hoc! in d,~Med h('''''''1 .dh retE" rnee ,,, slrpr.· ' •. ," j nl"or I,I~<1 Ko haD,h:: .. d",I'mprl bv , •• ",n of .~y rq".nre hp'fW' .. -$- ":~J,~.y.~ ~ .. 63 ~ \tfJ :06 p~ 01 ",.rrlO lOR .5'r'~"'N'r,,_pn'f~OlflY "')I-lT lor 2 ~ ...... \ ~ .' , 1 I'AII. I ,. ~ '. " ..... '. ,'. ~ .. t.;. t~.J-'" ,:. .1IIt.!'''' ('t-', 't"~ .(i) ... j' :,: ..... ,.,w;: .. : ,':.':'" ..... (.!_ 1" . \ <;~:t;..~:'~ . .. ' .. ; .. t:!·~~·: :';: i ... ·.~ . <r~' ~ , I ~); :!.:.! I~. ) I '. '. , • ' • ~ .'j" ,I' . " MAP II07~-CA~'· 1t.iI' ~:!,(CONt:>M) MAP IB03-PALISADE~. NO. 2 :i~'.f'Ii." PSI PG 153-RHO N:;UA HEOIUN",,,, , SEC.7 -TI2S-R4W-POR NWI/4 "'Notiea: thisls nei,ther a plat nor. survey. It is furni3h,,:( mocsly as ~ oo."')\'~n1~nc.n t:> ~id yN! in k:<;atine the !_:i':d 'l Aicatoc\ hr~r(:{).n \·,,:th r·O.\e!·f)~'1ce 'to strG-::~s ,~nd ·..:U·,::( ! . ~~o 1i.:!.bHity i~ ~S~Ur,N_~ by r03:!on 01 any rcE:mce hl;"( .J" • ~CHAN(;ES .' ~OlD 'VI ,,' t, 1',"'~ ..... '. ·~u.;. ~.~ lll'~ P ;,"" "I,.,' ?;'~ L fJ;'41.N "M .,,,, \"t-~ ~ . r;""" ~ ~"'! . ~, ..... 1""'" '. "', .9$ ~~ . .3, ........ ~lfZi. ". I--+--t--t""'t--, \I.: ~, 1--+--:-+---1"""1-''"1 ~ 1--4-:......t ....... -t-t-..., t-~-+----'I-;--r.--. {i" ..... -+--t--t-<r-'"1 .';}; ~I--+--"'t-t--, J. ~ I--+-__...I--+-+--, ", t: . ~+--t-~H---' ,'. I--+--I--+-+--, .... f ~' . . :' ,<- J--+---+--t--t--, .J L--L __ ~~~~~ ~; ".!' :" " >..... " ~ ," ~., • PLEASE NOTE: Time limits on t-Re processing of discretionary projects established by state law do not start Ufl~it .. a, prpj.~,~t qpplication is deemed ~omplete Oy theCit,y.The City has 30 t~Tend~r days from the date of application Sub~ittal to determine whether an app 1 i cat ion is complete or i ncomp 1 ete. With i n 30 days of su'bm·i tta 1 of this appl ication you will recei'vea letter stating whet'her ·this application is complete or incomplete. If it is incomplete, the letter will state ·what is needed to make thi s app 1 i cat i bn(:'ompl te.· When the app 1 i cat i on is comp lete, the . procesSing period will start upon' e date of t e cD letion letter. Applicant Signature: Staff Signature~ Date: 5"-~ -9'1 To be stapled with receipt,io' appifcation "'-Copy for fi 1 e , '.!-; ,~ , , ."..... ; ~.::;. I." ' •. \ ?;,'.; '\~J ,;j ;:;:: :'\'::a. "i\~i·,i;, .1 .. ;·.i;; i,:~; I :':fj,~;,;, /;''''.,; ,;p.;. ,;;.; .;.! ~t·:,t~;;:;{:"';I': i~;;~~; ;.~:/i\~:·:.·'::;;~;,,~ .. ~,~)~ :~:,;;.:.~~~~;~;,;~ :s;,~;\~.,,::.\;:, ;j~.iLk/:~.~:~;;~;:,:. ~~';i";;~l ... ,;-;;:d;',;;:},j:t3;:"i~~' ~~;;·1,~.~;;;;~;~:;;,,8}: \,., \ ..... ~.< .... .,,! ~ .. ;..:.,.,;"..... .... O" ,.~", ... $.,,.. .~ ... ~~ ........ ,~, ... " , REC'D FROM AfJN i : 2C;G-020 .... Q'\ ACCOUNT NO. DESCRiPtiON AMOUNT () 0/-g lD-()WQ-~f(/ I Pre Iln1 , ?evlc0 I IOO/()() I I .. J I I , 6187 06/18/9C 0001 01 05' Mis~ lbOqQO I I • , , t I I t , ~ I " , I , , RECEIPT NO. 98781 TOTAL /()() luu • CITY OF CARLSBAD. Crt ) I ~ 1200 CARLSBAO""-LLAGE DRIVE CARLSBAD, C~FORNIA 92008 438-5621 , -. ~ ". --. -' -~ .. --, '-----.. , ' •• r .... ___ . , ACCOUNT NO. DESCRIPTION AMOUNT - )0\ -~} D '" t)l\t)U-b~ \ \ cP 'l't-l{ ; &J t(O i '- I , \.j--"\)\ ' ~I O-OOC))-~t \ \ ,~ C>t ~ '7 I D~ ,-I > " I 'C\(\b-SA-4:d-/S-hlD l=>Ff.-'I.J. ( ) :--- l . lA a ,I. ml-~L\"'l~OD()l}-\~ Id-\~ , '; b··:';;("">---:, ' .. -1:,' , '," I' I I , ~ ... .' I , , I I , , I RECEIPT NO. 36,70 ,4) !f9 , TOTAL ,'---I.- ", .' , , . ',' " ·t·, .. .' c- . . ACCOUNT NO. RECEIPT No.16939 DESCRIPTION AMOUNT .f 0044 11109/92 0001 01 02 & t ' • TAMARACK PARTNERS A California General Partnership • MYERS DOUGLAS W. or KATHRYN T. BURGESS • >-\ , " • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: Please describe fully the proposed project. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary: Description/Explanation. 54 t--t IT c-o}.l,!:)O 1M I N \U 1'<\ ~~LOl'" lY\E~ \" c> r A-N I ~ r \ L-L-l-e>T L (;:) C-.A \E-~ <:0 1'\ 'T·ti~. So ~ T t\ ~ \. 1":::> E.. c;:::. F "TrrE. 3,00 t=:.:,.LC>C-¥ QF T""V\A-~k.. ~YE:N WE.. EA.C.+-t C-\ NIT l:s. 2-s,)ef~-la-== W IT\1 ?-~? ,4..\TA..c-+\"E"'I::::::. ~A~-A..Grc:...} 3:::>'~~~MS:. 2. ~ ~'l1-\:> I ~~'\::::> ~o F ~=s::c..j.(. • 'E:..AC::-r\-L-\ N \'T t=\ A.. s.. I ,I S. ow \'-\ ~ £.1?~JA.. ,L I-( ~ '\l-"'"D. Iii E '?~~"B=b ~"E:..U e..L~"f"lV\ ~ T l? It-\·e. ~.:~() 1-\ c> F -r->H 0 T~ 'E-Ll lVI! H A.~ '-( ~e. y \ t::. W $.. Rev. 4/91 ProjOescJrm • • • LETTER OF PERMISSION WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE ARE THE OWNERS OF PROPERTY LOCATED AT 351, 353, 355 AND 357 TAMARACK AVENUE, IN THE CITY OF CARLSBAD, APN # 206-020-31, AND FURTHER ,CERTIFY THAT WE HAVE REVIEWED THE PROPOS~D GRADING PLAN FOR APN # 206-020-05; AND DO HEREBY GRANT TO THE OWNERS OF SAID PROPERTY OR THEIR AGENTS, PERMISSION TO GRADE, CONSTRUCT SLOPES, GAIN ACCESS, AND CONSTRUCT IMPROVEMENTS TO AND LOAD THE RETAINING WALL AS SHOWN ON SAID PLANS WITHIN THE LIMITS OF THE ABOVE DESCRIBED AREAS, ALONG WITH THE CONSTRUCTION OF ANY DRAINAGE DEVICES DETERMINED NECESSARY, FOR THE SAFE CONSTRUCTION AND MAINTENANCE OF SAID AREA. IT IS UNDERSTOOD THAT ALL GRADING AND CONSTRUCTION SHOWN SHALL BE DONE IN ACCORDANCE WITH PREVAILING REGULATIONS OF THE CITY OF CARLSBAD AND FROM PLANS APPROVED BY SAID CITY. IT IS FURTHER UNDERSTOOD THAT ALL COSTS INCURRED DURING CONSTRUCTION OF THE PROPOSED SLOPES AND DRAINAGE DEVICES AND ALL FUTURE COSTS TO BE INCURRED FOR MAINTENANCE OF THE PROPOSED AREA SHALL BE PAID BY THE OWNERS, OR AGENT OF APN # 206-020-05. WE DO FURTHER AGREE TO HOLD THE CITY OF CARLSBAD FREE AND CLEAR OF ANY DAMAGES ARISING FROM SAID CONSTRUCTION AND WilL PERMIT EMPLOYEES OF SAID CITY TO ENTER UPON THE PREMISES TO DO INSPECTION AS MAY BE REQUIRED. SIGNED THIS h DAY OF &t rz I L 11 ( STATE OF CALIFORNIA COUNTY OF SAN DIEGO SIGNED OWNER ADDRESS ____ ~~~~_~6~ __ ~~1~~ ____ _ S · ~ .' 9 0 1tocr • • STATEMENT OF AGREEMENT :rENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of th~ applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day tiine limits and the thirty (30) day time limits are often exceeded. If you' wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your app'!ication for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time reqUired by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. Name (Print) FORM: PLANNING 37. REVISED 3/80 ~, '-\ 7 ,'4 tf Date Relationship to Application (Property Owner-Agent) 'I I .APPUCATION REQUIREMENTS FOR •. TENTATIVE TRACf MAPS (AND REVISIONS) TENTATIVE PARcEL MAPS CONDOMINIUM PERMITS PLANNED DEVELOPMENT PERMITS (FOR RESIDENIlAL PROJECfS ONLy) Ten (10) copies of the tentative map/condominium site plan prepared on a 24".x 36" sheet(s) and folded into 8% x 11" size. mtt~e.nrfmi.~of the tentative tract map/condominium site plan shall be submittecf'bi?the-"appUcant upon_request of the project planner prior to project approval. Each te:Q.tative map· shall contain the· following information: L GENERAL INFORMATION: o o o o o o o o o o FRM003 A. B. C. D. E. F. G. H. I. J. 4/91 Name and address of owner whose property is. proposed to be subdivided· and the name and address of the subdivider; Name and address of registered civil engineer, licensed surveyor, landscape architect or land planner whQ prep~ed the maps; North arrow; Scale; vicinity map; Date of preparation/revisions; Classification of lots as to intended residential, commercial, industrial or other uses; Tentative Map number in upper right hand corner (City to provide number at time of application). Number of units to b~ constructed when a condominium or community apartment project is involved; Total number of lots proposed. Name of sewer and water district providing service to the project. Averc:~ge Daily Traffic generated by me project broken down by separate uses. Page 1 of 8_ D K. Nam~f School District providing service to I project. D L. Proposed density in lots or dwelling units per acre. D M. Existing Zone and General Plan Designation. D N. Site acreage. n. SITE INFORMATION: D D D D D D D D D D D o FRM003 A. General 1) Approximate location of existing and proposed building and permanent structures; 2) Location of all major vegetation, showing size aIld type; 3) Location of railroads; 4) Legal description of the exterior boundaries· of the subdivision (approximate bearings, distances and curve data); 5) Lot lines and approximate dimensions and number of each lot; 6) Lot area for each proposed lot. 7) Setback dimensions for the required front, rear and side yard setb~cks for all structures; 8) Indicate top and bottom elevations for all fences, walls, and retaining walls. Show these elevations at each end of the w<lll and in the middle. Also show the worst condition elevation. 9) Show site details for all recreation lots or areas (when applicable). 10) Total building coverage for lots with proposed structures. B. Streets and Utilities 1) 2) 4/91 The location, width and propbs~d names of all streets within and adjacent to the. proposed subdivision, show proposed street grades and centerline radii. Provide: separate prOfile for all streets with grades in excess of 7%. Streets should be in conformance with City Standards and Engineering Department Policies. (Especially Policy Numbers 1 and 22) Name, location and width of existing adjacent sp-eets and alleys. Page. 2 of 8 o o o o o o o o o o o o o o FRM003 3) ~YPiCal stre~t section for all adjacent'slts and project. streets within the 4) Width and location of all eXisting or proposed public or private easements. 5) Public and private streets 'and utilities clearly identified. 6) Show distance between all intersections and medium and high use driveways. 7) Clearly show parking stall and isle dimensions and truck turning radii for all parking areas. 8) Show access points to adjacent undeveloped lands. 9) Show all existing and proposed street lights and utilities (sewer, water, major gas and fuel lines, major electric and telephone facilities) within and adjacent to the project. ' 10) Show all fire hydrants located within 300 feet of the site. C. Grading and Drainage 2. 4/91 1) 2) 3) 4) 5) Approximate contours at l' intervals for slopes less than' 5%, 2' intervals for slopes between 5% and 10%, and 5' intervals for slopes over 10% (both existing and: proposed). Existing and proposed topographic contours within a 100 foot perimeter of the boundaries of the site. Existing onsite trees; those to be removed and t;hose to' be saved. Earthwork volumes: cut, fill, import afid export. Spot elevations at the corners of each pad. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. Location, width and! or ·size of all watercourses and drainage facilities within and adjacent to the proposed subdiVision; show location and approximate size, of any proposed detentiOn/retention basins. 6) Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a, FEMA flood plain. One (1) copy of 8 1/2" x 11" reduced site plan and building elevations. Page 3 of 8 3. 4. 5. 6. One .COpy of 81/2" X Ii" location map (s.estedscale 200" -vicinity maps on the site plan are not acceptable). - Environmental Impa~t Assessment Fonn (separate fee required). R~quired for tentative parcel maps only where significant grading is proposed. Check with Planning staff to determine ,if required for yout application. Public Facility Agreement: Two (2) copies: One (1) notarized original and one(1) reproduced copy. (Separate fee required). Disclosure Statement. (Not required for tentative patcel maps.) 7. Property Owners' List and Addressed Labels TO BE HEARD BY THE DECISION MAKING BODY, tHE PROJECT PLANNER WILL CONTACT THE APPLICANT AND ADVISE HIM TO SUBMIT THE RADIUS MAP, 'tWO SETS OF THE PROPER1Y OWNERS USf, LABELS AND POSfAGE. 'lim APPUCANT SHAll. BE REQUIRED TO SIGN A STATEMENT CERTlFYING TIJAT TIlE iNFORMATION PROVIDED RE?RESEN1'S' nm LATEST EQUAI1ZED ASSESSMENT ROUS FROM TIm SAN DIEGO CDUNlY ASSESSOR'S OFFICE. THE PROJECT WILL NOT GO FORWARD UNTIL THIS INFORMATION'IS RECEIVED. -A typewritten list of names and addresses of all property owners within a 600 foot radius of subject property (including the applicant and/or owner) except for all Tentative Parcel Maps which shall submit a.list utilizing a 300 foot radius pursu~t to Section 20.24.115 of Title 20. The list shall include the San Diego County Assessofs parcel number from the latest assessment rolls. -Two (2) separate sets of mailing labels of the property owners within a 600 foot radi~s of subject property except for TentatiVe' Parcel Maps which shall utilize a 300 foot radius. For any address other than single family residence, apartment or suite ntimb~r must be included. DO NOT 1YPE ASSESSOR'S PARCEL NUMBER ON LABELS. Applicant , must submit separate check to cover cost of postage. . 8. 600 Foot Radius Map (300 foot radius for Tentative Parcel Maps) FRM003 A map to scale not less than 1" = 200' showing each lot within 600 feet of the exterior boundaries of the subject property. Each of these lots shall be, consecutively numbered and correspond with the' property owner's list. The scale of the map may be reduced to a sc~e acceptable to the Planning Director if the required scale is impractical. For Tentatiye Parcel Maps, a m~p to scale on an8 1/2 x 11 inch sheet, showing each lot within 300 feet of the exterior boundaries of the subject project. 9. Preliminary Hydrology map and calculationS for lots exceeding one' acre. Show before and after discharg~s to ·each including drainage" basin. 4/91 Page 4 of 8 D D D D D D D D D D D D FRM003 10. • • Three (3) copies of the Preliminary Title Report (current within the last six (6) months). 11. Proof of availability of sewer if located in the Leucadia County Water District or the Vallecitos Water Distrlct. 12. School District letter indicating that school facilities will be available to the project. 13. Colored Site Plan and Elevation Plan (Not'required with first ~ubmittal and not required for tentative parcel, maps). It is the Applicant's responsibility to bring' one (1) copy of a colored site .plan andohe (1) topy of a colored elevation to the Planning Department by Noon eight '(8) days prior to the Plamiing Commission meeting. Do not mouilt ex1uoits. 14. Statement of agreement to waive tentative subdivision map titnelimits. Required for tentative maps ortJy when project requires concurrent processing of planning application, or environmental review. 15. Constraints Map At the same scale as other exhibit (i.e., Tentative maps, Site Plan, etc.). (24" x 36") folded to ~' 1/2" X i1" shall include the following information: (Note: this information is not required for previouslY graded . sites and the conversion of existing structures.) If the constraint does not apply to the property, list it on the map as not applicabie. (1) Major ridge lines (2) Distant views (3) Internal views (4) Riparian or woodlands (5) Intermittent drainage course (6) 25 -40% slopes (7) Slopes 40% and above (8) Major rock outcroppihgs (9) Easements (10) Floodplains (11) Archaeological sites . (12) Special planning areas -type of special pl~g area 4/91 'Page 5 of 8 \ .. 0 0 0 0 D D DAJ~ FRM003 16. e. • (13) Biological Habitats. Indicate the location of coastal sage scrub and chaparral plant communities existing on the site (14) Beaches (15). Permanent bodies of water (16) Wetlands (17) Land subject to major power transmission easements (18) Railroad track beds. For projects with an average daily traffic (ADT) generation rate greater than 500 vehicles per day: ' Two (2) copies of a Circulation Impact Analysis for the project. The analysis must be prepared by an appropriate registered Engineer. The analy!?is must show project impacts to all intersections and road segments identified as impacted within the included Local,. Facilities Management Plan. The following should be included with the study: a) b) c) d} 8 1/2" x 11" or 8 1/2" x 14" plats showing zone impacted roads, background and project AM and PM peak hour impacts alld traffic distribution. Project traffic generation rates. , Necessary calculations and/or analysis to determine intersection and road segment levels of service. , Any proposed mitigation requirements to maintain the public facility standards. 17. Noise Study consistent with the Plamrlrtg Department Administrative Policy No. 17 when applicable. (See Policy #17). 18. Two copies of preliminary soils/geologic report for all project with cut or fill depths exceeding 5 feet. 19. For all condominium conversions, a signed statement by the owner stating Section 66427.1 of the State Map Act will be complied with. 20. For all condominium conversions, a letter from San Diego Gas and Electric company stating that plans to convert,the gas and electric system to Separate systems have been submitted and are acceptable. 21. For all condoniinium conversio~, one copy of a compliance inspection performed by the Building Department. (Separate fee required.) 4/91 Page 6 of 8 FRM003 22. 23. For .ondorninium and planned developmetl!rojects, ten (10) copies of a preliminary landscape plan (four (4) copi~s for projects with four or fewer units) on a 24" x 36" sheet(s) fold¢d to 8 1/2" x 11" size. Viff~~fir:fl$l ~&ilm.i. of the landscape plans shall 'be submitted by the appITc'mr:{ip'O'D: ~eque'st of the project planner prior to approval of the project. The scale should be consistent with all other exhibits. Each landscape plan shall include the following information: a. Landscape zones per the City of Carlsbad Landscape 'Manual. b. Typical plant species, quantity of each species, and their size for each planting zone in a legend (Use symbols). c. An estimate of the yearly amount of irrigation (supplemental), water required to maintain each zone~ d. Landscape maintenance responsibility (private or com,mon) for all areas. e. Percent of site used for landscaping. f. Water Conservation Plan., For all condominium and planned dev'elopmentprojects, ten (10) copies of the building elevations and floor plans (four (4) copies for projects with 4 or fewer units) on a 24" x 36" sheet(s) folded to 8 1/2" x 11" size. Rifti.ijfi :tl~$)ItijR!~i of the building elevations and floor plans shall be submitte,f'by the""appllcant upon request of the project planner prior to project approval. Each building elevation and floor plan shall include the following information: a. Floor plans with square footage included. b. Location and size of storage areas. c. All buildings, structures, walls· and! or fences,. signs and exterior lights. . d. Include a scale on all floor pians and building t;!levations. e. Indicate on all building elevations the height II1easured from grade to the midpoint of the highest roof. The measurement is taken five feet from the building wall and at the lowest grade elevation (worst condition) . 24. SUBMIT ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY IF APPLICABLE (SEE COUNCIL POLICY NO. 44 FOR THE DEVELOPMENT OF SMALL LOTS, AS ATIACHED.) 4/91 Page 7 of 8 25. 26. o 27. 28. 29. FRM003 4/91 Photaphs of the prope~ taken from the ne, south, east and West. Cons:truction materials board and color samples (i.e., ro.ofing, exterior walls, pavement, glass, wood etc.) Pursuant to Section 21.45.040(6) of Title 21 applications for planned developments on properties designated or zoned for single family development shall be accompanied by a preliminary tentative map. TIlls map shall illustrate how many standard lots CQnfonnirtg to app.licable zoning and subdivision standards served by public streets could fit on the site. The design of this preliminary tentative map shall comply with all applic~ble City Ordinances and Standards except for the design standards of the Planned Development Ordinance. The applicant shall also submit maps, diagrams, plans and a report showing that the proposed planrted development will result in superior residential development consistent with the purpose and intent of the Planned Development Ordinance. The density on the developed portion of the planned develQpment site shall be sinrilar to and compatible with surrounding development. Signed "Notice of Time Umits on Discretionary Applications". Completed "Project Descriptiofl/Explanation," sheet. Page 80f 8 • City of Carlsbad _iIIGi·,i",;t·;·'§·iU;;;,tq;,1 DISCLOSURE STATEMENT APPLICANT'S STATEMENT OF DISCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON ALL APPLICATIONS WHICH WILL REQUIRE DISCRETIONARY ACTION ON THE PART OF THE CITY COUNCIL, OR ANY APPOINTED BOARD, COMMISSION OR COMMITTEE. (Please Print) The following information must be disclosed: 1. Applicant List the names and addresses of all persons having a financial intere.st in the application. 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. 3. If any person identified pursuant to (1) or (2) .above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the shares in the corporation ot owning any partnership interest in the partnership. . 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names and addresses of any person serving as officer or director of the non-profit organization or as trustee or beneficiary. of the trust. FRM13 4/91 'Page 1 of2 2075 Las Palmas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 • (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transflcted with any member of City staff, Boards, Commissions, Committees and Council within the past twelve months? . Yes _ No _ If yes, please indicate person(s)----,~----~-------'---______ _ Person is defined as: 'Any individual, firm, copartnership,' joint ventur,e,.association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, this and any other county, city and county, city municipality, district' or other political'. sUQdivision, or any other group or combination acting as a unit.' (NOTE: Attach additional pages as necessary.) Signature of Owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant FRM13 4/91 Page 2 of2 • ST A TEMEN T OF AGREEMENT TENTATIVE SUBDIVISION MAp· CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Ter:ltative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mut.ual concurrence oJ the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (SOl day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application proces~ed concurrently, this agreement must b~ signed by the applicant or his agent. I f you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlemen.ts have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to ~xtend the time limits for Planning Commission and City Council action and fu·lly concurs with any extensions of time up to one year from the date the. a.pplication was accepted as complete to properly review all of the applications . Signature Name (Print) FORM: PLANNING 37. REVISED 3/80 .Date Relationship to Application (Property Owner-Agent) POOR -QUALITY -~ ORIGINAL (5) . I ~ , •• ~r. ,t City Engineer CITY OF CARLSBAD 2075 La Palmas Dr. Carlsbad. CA 92009-4859 PROPOSED TENTATIVE MAP NO. ____ _ I (We). the undersigned owner(s). do he'reby state that I (we) hav,eread Section 66.12-,: of the Subdivision Map Act and I (we) will make the notifications to the tenants rea",::,:: therein. DATE OWNER DATE OWNER 66427.1 Estllbli." .. requir~ts fM notice to t.,.ntl, rd ri~t of t.,.,u'to uclu.ive cantnct fO(' purch,se in c~ini~ c~i ty IPIIr~t 0(' stOCK' coaper.tive projeCts. . Ttle legisl.tive body stl.ll Mot a~rove • fiM.l 1M!!) for. suCdivision to be created from· ttle conversion of ruider"t'a. rell property into a condominium project, a community apartment projlct, or • stOCk cooperative project unless it finos at, of the follo~iM9: (a) each of th,1 tenants of the proposed condomi ni um, cClmU'li ty 'Partment project or stock cooperllt i ve oro rec: ~~s received, pursuant to Section 66452.9 written noti fic.tion of intent.ion to con .... rt It llast 60 days pr,ior to tne fi 1'f"9 ~. a tentative map pursuant to Section 66452. There shall be • furth.r finding that each such tenant, and eacn person aoply ~; tor the rental of a unit in s.uch residential real property, tl,s, or wi II have, received III ippl icable' notIces alid ~Ignts ·c-.. or ~ereatter required by 'this chapter or Ch.ptlr 3 (comner'lCingwith Sect,ion 64451). In addition, a filiding shall be 'Mde :~a: eactl tenant tlas received 10 days IIritten notification that In IPj)lication'for a pyelic report'lIil,l be, or has o.een, suani::~~ to the Oecartment of ~eal estate, and the such report lIill Oe available on request. The written notices to tenants reqUI-eo:: oy ttlis sUCdivision shill be dHlllld satisfied it sucn notices c~ly ~ith thl l.gil requirementS for service oyn\all.- (0) each of the tenants of the ,proposed condominil.lll, cOllllUlity aptrtment J:lroject; or stock cooperatIve =rojec= has been, or will bt, given written notification lIitnin 10 days of approv.l 01 • fin.l ,ma~ for the proposed conversion. (C) Each of the tenants of the prdp)sed condominium, cClmU'lity Iptr'tment pro.jeet, or stock cooperative projec= has been or lIill bt, given 180 d.ys IIritten'notice of intention to convlrt prior to the t.rmination of tln.ncy Que to :~e conversion or proposed conv.rsion. Th. provisions of this suCdivi~ion shall not alter or abridge the rights o'r oOllgat::;f"s of thl parties in perforlMnce of thlir covenants; including, Out not limited to, the provision of s.rllfces, payrTlltnts ofref"c or the obligations i~sed by Sections 1941, 1941. 1" Ind 1941.2 of the Civil' C~. . Cd) Each of the tenants of thl prdp)sed condominium, cOllllUlity .ptrtment proj'ect, or stock cooperative orOjec= has been or will be, given notice of an exclusivi right to contrlct for thl purchase of hi's or tier ,respective unit "oon ::'"e same terms and conditionl thlt such unit llIill be i,nitillly offered to thl general puelic or terms more favoraole ,:0 :~e tenant. Th. right sh.ll run for I period o~ not lesl than 90 d.ys frOll! the date of issu.nee 'of the subdivision P\.IOl ic reoor, pursu.nt to Siction 1101a.~ of the luai".I' and Prof.s,ions C~, un~.ss ttl. t.nant gilllS prior writt.n notice of hiS or ner intention not to e.ercfse che rignt. (e) Thi, section sh.ll not df.ini'sh, limit or .xpand, other then IS ,providecf h.rein, thl luthority of any ci~.", county, or city and COWIty to 'apprOVI or dl,approv. conclOlllinil.lll projec,ts. (A~, Ch.pter 1128, statutes of 1980] • PARKING -OVERHANG • POLICY NO. 20 EFFECTIVE DATE: PLANNING DEPARTMENT ADMINISTRATIVE POLICY .9/5/89 Administrative Policy No. 11 made the standard prOV1Slon for non-compact car spaces to have a minimal paved. area of 8-1/2' x IT-1/2' with ~-1/2' overhang into adjacent landscaped area. The widespread application of this policy has led to a general deterioration of landscaped setback are'as i'n most projects. As a result, the following policy shall be applied: 1. No parking overhang will be allowed'into any required setback area. 2. Parking ove'rhang will be allowed only in special, specific situations as reviewed and approved by the Planning Director on a ca'se by case basis. 3. In no case shall parking overhang be allowed for compatt car ~pates. 4. This Administrative Policy repeals Adininistrative Policy No.1!. APPROVED BY: I1;v~\\~ M I cHAELJ. HO ZMILL Planning Director MJH:ENM/lh • DEFIN [TIONS PLANNlNG DEPARTMENT ADMlNISTRATIVE POlley Fences epOli9 No. -1.:L Effective Date 3/1 2/90, l. FCllce . .-\ vertic,d barrier or endosure COllstructcu of any malerial which sUPP0rLS no uther loau other than its o\ .... ·n weight. , ! Willi -A solid fence. 3. Retaining Wall -A wall designed to resist the latetal disp'lacement of soil or other materials; said materials being substantially equal to the height of the wall. The term "wall" in Section 21.46.130 o'f the Zone Code and other app'licable sections of the code shall be interpreted to mean retaining walls in addition to solid fences. 4. S"retv Railing; -An open fence not to exceed 36" in height. The said openings. between thc materials of which the renee is L:Qnstrucled must ~()t rcpresent less than 70 percent of the total surface of eat:h fh:e [Qot linear section when viewed perpendicular to the face of ttie fence. S. The lotal height of all walls, fences, retaining walls. and combination fence/retaining walls in a required setback shall not exceed the following \.imits: A. In a required fron.t yard setback. the total height shall not exccet.! 42 inches. (Example -Two 42 inch retaining walls would not be permitted nor a 42 inch retaining wall and another 42 inch fence) .. B. In a required sit.!c amI rear yard setback. the lOtal height shall n()t exceed 6 feel. (Example -A 4 (t. retaining wall and a 5 ft. fence would not be perrnilled because the total exceeds' 6 ft), c. Upon approval of the Planning Dircctor. the total height shall not exceed 6 feet in a required street side yard. Othcrwis·e. the total height shall not exceed 42 inches in a street silicjwd. (This, includes all comhinationsof fences and retaining walls). D. A 36 inch sa[~ty railing is rcquired on top of all retaining walls that exceed a height of 3 [ect. Thc maximum height of the railing shall be 36 inches and must conform to the definition of a sa[ety rail'ing. APPROVED BY: ~~ab ~LZCLER' Planning Director JG:af • PLANNING DEPARTMENT ADMINISTRATIVE POLICY 200 Square Foot Open Space in PDs • Policy No.: __ -=23=--_ Effective Date: 6/26/90 Until the PD Ordinance is revised, Section 21AS.090(g)(1), regarding the open space requirement of 200 square feet per unit, shall be calculated as follows: - 1. Roof decks can be counted towards satisfying this requirement. 2. Private yards with a minimum dimension of IS feet can be cou~ted tGward the open space requirement. 3. Patios and balconies can be counted toward meeti-ng the 200 sq. ft. requirement as a private passive area. 4. If a detached single family project is 4 units or less, and the lots are less than 7,500 square feet, and private yards of 15' x 15' are provided, a COrnmon active recreation area does not need to be provided, however common passive rec;:teation area must be provided. 5. Where common active and private passive recreation areaS are required, then 50% of the total recreation area shall be provided as a common active area. APPROVEP BY: ~~~ MICHAELiOLZLLER • Planning Director BH:kd . Po1.23 • DRIVEWAY DEFINITION POLIC.O: EFFECTIVE DATE: PLANNING DEPARTMENT ADMIN·ISTRATlvE POLICY 'ii4 ai24/90 The following administrative policy shall become effective immediately. However, it shall only apply to applications d~emed complete on or after the effective date'. Addition'ally, it shall apply to previously approved proj ects that seek an amendment if the application for said amend~ent is deem~d ~ompl~te ort Or following the effective date of this policy. section 21. 45.090 of the Planned Devel,opment Ordinance presently contains standards which distinguish between a driveway and a street. However, no definition describing the difference between a street and a driv.eway is provided. Until th~ ord'~nance is amended and a more formal definitic;)Jl is prepared, the foll,owing definition of a driveway ~hall be used: . DRIVEWAY -Provides access fz:om • public or private street to parking spaces, garage (s) o,r sl,milar st'ruct·ures. The purpose of a driveway is not to provide for vehiCUlar through traffic between properties or proj ects or to provide the req'Ui'i'ed street fron.tage for individual lots~ Driveway for the pur.pose of implemen,ting Section 21.45.090 (Carlsbad Municipal Code) and serving more than one dwelling unit is defined as having a minimum pavement width of 30 fee1; curb to curb and having access to a maximum of twelve (12) dwelling units. All units having di:rect and/or indirect access ·to a loop driveway shall be .counted toward the maximum 12 dwelling units. Fdr- driveways that do not exceed 30 feet in width, gue$t parking per 21.45.090 would have to be "dispersed" in .bays aldrtg the eritire length of the driveway. "Dispersed" shall be interpreted to me~n that the guest parking Space shall be no more than 100 fe~t measured in a logical walking path from,the entrance. of the unit it could be considered to serve. In projects that have single loaded driveways, the driveway can be in.creased to a maximum of 32 feet to allow parking on the side away from the structures. Guest parking on driveways shall be supplied proportionally along .the driveway to the number of units served on the driveway. If 12 or more dwelling units are contained in a single structure, it shall be considered to be served by a driveway for setback purposes if that driveway is primarily for providing. access to parking spaces, garage(s), or similar str1.lcture(s). APPROVED BY: ... Planning Director arb ~Y OF CARLSBAD COUNCIL POLICY STATEMENT No·. 44 Da te IS'sued 10/10/89 General Subject: SMALL LOT SINGLE FAMILY HOMES . E Specific Subject: ESTABUSHING GUIDEUNES FOR THE DEVELOPMENT OF'SMALL LOTS < r-~~~~~~~------------ Cancella ion Date s No. Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Sulletin Boards~ Press, File PURPOSE To provide guidelines to encourage the quality dev~lopment of small-lot (Ies~ than 7500 sq:ft.) single family projects. The intent of the guidelines is to ensure that \Jnits have building articulation on all four sides and will not appear as "row" housing. They are primarily designed to apply to projects where there is a predominance.,of two-story units. POUCY Guidelines for Small-Lot Single Family Projects 1. In projects where there are three 2 story units in a row situated Jess than 1.5 feet apart, at least one of the three units shall have a single story building e.dge. The depth of the single-story edge shall not be less than 10' and shall run the length of the building pad~ The roof cov'ering the single story element. shall be substantially lower than the roof for the 2 story element to the unit (this is not intended to preclude long shed-type roofs falling to a single-story element). . 2. In projects where there are three 2 story units in a row situated between 15 and 20 feet . ap~rt, at least one of the three units shall have a single story building edge with a depth of not less than 5 feet running .the length of the building pad. The toof of the Single story element shall be substantially lower than the roof fat the two story element. of the building (this is not intended to preclude long shed-type roofs falling to a single~ story element). . 3. On a· project basis, thirty-three percent (33%) of all units shall have a single story edge for fo.rty percent (40%) of the perimeter of the building. For the .purpose of this guideline the single story edge shall be a minimum d~pth of three feet (3'). The units qualifying under the 33% shall be distributed throughout tlie project. The main purpose of this guideline is to ensure some building relief on the front and sides of each unit. 4. For at least 50% 01 the units in a project, there shall be at least three separate building planes on street side elevations of lots With 45 feet of frontage or less, and four separate building planes on street side elevations of lots'with a frontage greater than 45 feet. The minimum offset in planes shall be 1 a inches and shall include but not be limited to building walls, windows and roofs. The minimum depth between the faces of the forward-most plane and the rear plane on the front elevation shall be 1 0 feet and a plane must be a minimum of ~o sq. ft. to' receive credit under this section. · f .Y OF CARLSBAD COUNCIL POLICY STATEMENT General Subject: Specific Subject: No. 44 10/10/89 89 Copies to: City Council, City Mariager, City Attorney, Department and Division ~eads, Employee Bulletin Boards, Press, File 5. Rear elevations shall adhere to the same criteria outlined in number 4 above for front elevations except that the minimum depth between front and back planes on the rear elevation shall be 3 feet. 6. At least 50% of the units in a project shall have one side elevation where there are sufficient offsets or cutouts so that the' side yard setback aver.ages a minimum of 7 feet. 7. Projects with an average lot size of 5,000 sq. ft. or less s.hal/limit the number of units with three car garages to 75% of the plans in the project. Proj~ct units with three car garages shall be a mix of tw9 door garages, ·three door garages, and offset (2 planes min. 12") two door garages. 8. Fifty percent (50%) of exterior openings (doors/windows) shall be recessed or projected a minimum of 2" and shall be with wood or colored aluminum Window frames (no mill finishes). 9. The predominant roof framing for each f1o,or plan in a project shall exhibit directional variety to the other floor plans and to the street. Notes: a) For the purpose of these guidelines a single story element shall be defined as a plate line maximum of1 ~ 'feet (1 ° feet preferred). b) In addition, when a percentage of units is described in the guidelines the inter'lt is to have that percentage spread throughout the entire project. c) "In a row" shall include curves and.shall terminate at a 90 degree street intersection. /-' GRAPHIC ILLUSTRATIONS STREET SCENE/ALL TWO STORIES STREET SCENE/WITHIN DESIGN GUIDE.LIHBS \ " ; . .. 4"11J~I}~fT Tj\T)f /~ (' \X~ 11~I:.lI.~ll, :J ~,. I , \. , " ' • • --------------------------~----~~~----- STANDARD 2-STORY BOX ! I I I 3 FEET MINIMUM I SINGLE STORY ELEMENT! j I I r .; I I I I I I I I ~---- LOT WIDTa 45 FEET OR LESS I I I I I I I . 'LOT WIOTH GREATER THAN 45 FEET I I I I 7 FEET. AVERAGE _... .--. ~-----------:.-------:-------------,--- i . - I I -----_ --___ -__ 4.-____ ._...i._~-___ -. ___ ... __ , . I- I I. i ',-- 2 DOOR ~.--_._----------- ! : .---- 3 DOOR 2 DOOR, OFFSET; I i i t / ~ -, ROOF LINE VARIATION . -----'-'-'- . j. /" / \ \ " _ J, L. , I ._ I I J ·1 I I , ,-, , ! ; . ; -\. I I \ J -i , , L_ ... , b .... '~ rt .... :t* ... ARCHITECTURAL GUIDELINE COMPLIANCE SUMMARY PO 88-4 & 80(A) GUIDELlIlE 1. WHERE ()) r"O-S1'ORY UlIlTS OCCUR IN A ROW' AlIO THEY ARE SITUATED LESS THAN 15 FEET APART, AT LEAST (l) milT HUST HAVE A SINGLE STORY BUILDING EDGE tlOT LESS'Tlool 10 FEET IN DEPTH. 2. WHERE ()) TWO-STORY UlIlTS OCCUR IN A ROW AlIO THEY ARE SITUATED 15 TO 20 FEET APART, AT LEAST (1) UNIT HUST HAVE A SINGLE STORY BUILDING EDGE tlOT LESS THAN 5 FEET IN DEPTH. ). PER PROJECT, ))\ OF ALL UNITS SHALL HAVE A SINGLE STORY EDGE A MINIMUM 'OF 40\ OF THE TOTAL PERIMETER. 4. . PER PRO.:J,ECT, 50\ OF ALL UNITS WITII A I,01' fRONTAGE GREATER TIIAN45 FEET HUST HAVE (4) SEPARATE BUILDING PUNES ON TilE FRONT ELEVATIOII. ' . 5. PER PROJECT, 50\ OF ALL UNITS ~1I1'li A LOT FRONTAGE GREATER :rll~ 45 FEET HUST HAVE (4) SEPARATE BUiLDING PLAtIES ON TilE STREET SIDE, ELEVATION. ' '6. PER PROJECT, 50\ OF ALL UNITS SHALL HAVE ONE SIDE ELEVATIon WIT!I A 7 FEET AVERAGE SIDEYARO SETDACK. 7, TIIREE-CAR'GARAGES LIMITED TO 75\ 'OF TilE 'fOTAL U:IITS WHERE AVERAGE LOT SIZE 1.S 5',000 SF OF LtSS. TIIREE-CAR G;;RAGES SIIALL ItICORPORATE A MIXTURE OF 2 DOOR, 'J DOOR, AliI> OFFSET 2 DOOR n"'<::T"""" 8, 50\ Of EXT<:r!IOR DOOR Aim WIIIDOW Ol'E:I.I/:CS s::;,\;i. I\H P.iWJt:CTEO 'OR HtCES~;ED ;; :: IIlItiUM OF 2 ].IICIIES, HINI~!'I S1'A::D?RD 1 OF 3 1 OF 3 33% 50% 50% 50% PiWDUCT 1 'JILL.\GES H, tl,O 1 OF 3 NA 35% 85% 85% 100% PROO:;CT 2 VILLnGES Q,F 2 OF 3 NA 45% 85% 85% 85% PRODUCT ) V:LLAGES HeG 2 OF 3 NA 100% 85% 85% 100% PP.ODUC7 ~ 'JILL-\G::S B.K,!,C 2 OF 4 NA 45% lOOO/Q 100% 100% ?R()DUCT 5 ':r :'L.\GES :l.E.F 3 OF 3 NA 45% 70% ,r' 70% .... " 100% 8/11/89 /' P.ESt:L7S " . ::XCEE:JII:G ~I!I;~l'M ST.\JID1,rtO :!I FO:':? CF FIVE P?0DcC7S, r~OD~C7 COXPLIES I.;JTH S7.\J!D;"rtDS. . I ~ •. I\LL PRODUCTS WERE D::SIGNED TO CO!'lPL'{ ''':11'11 GUIDELIIiE 1. III THAT TilE 0:;[: STORY ELE:1E!IT !II PRODUCTS m:E TI!ROt.:GII f~VE H/\S A HIUlHUM DEPTH OF 10 fEeT 7!!r:Y ALSO COMPLY WITH GUI.D!:LIIIE 2, :::XCEEDIIIG ~IIIIy'uM STAIW,;p'D !!I ALL FIVE PRODUCTS. EXCEEDIIlG MINlHUM STMIDARD III JILL FI VE PRODUCTS, 'E},CEEDIIIG Mlllll~UM ST/\JI['),\RD I!I ALI, FIVE PHODUCTS. EXCEEDIIlC Hl/IUIU/f S·i'.\IW,\\W III ALL FIVE PRODUCTS, '~X(,::J:L'IJ:': ,"JNI!:L'!l ~.:·:\r:l).""j,,, ::1 ,'.;.:. -: '::: i .''': ''', . :"; . -.~ 4 ~_ •••• • ______ ~ __ " __ ~_. __ , ____ , ~~"'.iI!:~·~T~ ',:,.',,,,{,\,·~,.,.. .. 't(!~"'~'\E~ "I" '._i.l .. ~ '\.}:J'~~.-lf}.~" .~~{';'~"J :t. 11 *,: .. " . ., L,;· .'. " ". _. 11!! ..... ~/:<.~!;' ", ~ ... 1t~':\' . ,;~._ .... ,.,u..~~ , .. .. ''': . __ ~.. ~-..-----_ .. " ........ ,. ·1 ~. 1 .. ~""'''''-~i.I': .' .~. t I ._-------------_. ----------. --~--. ----_. __ ._-. - ---~,~.. <\i-'\ ,-.'~\:.,-:::--=-:::> '--:':':" --'=." ,"--.:-"-"\, ,-'-~ --- . :.J . I i 1\ ,". \' ,! '. : 'i : --, \ '0 " "1·-, \ ' /' ..... . .r-'. . '\, ---, .--'--/1 ,... I' \ I ,I ,'.' .---, , I .-" -.' /1' 1-·-, ~ :...:::~r-o_'.U '..~u \.:..~~:::::.-:!...:..::.J ~Jl' \:.,/ _ . .:..= .. -,~-_ / _.;-~)~/III ~=~: ~ , ,-\ 1--:-~·\/;:·~lr·1 ;-!~='::'I~:'=/C-~ '-lU}-I'r;::)\ ;--.----~ - . ! ,\ -j./,\ L =:, I II:....:::' U 'I L1.' /.'\'. ,_\--..\ ,_. 1\ ,_ .. I ~~ ~'=:/u :...J _ L==~ '. u ~'2-'.~:"='= 0'-:::::"':-' r!~~'-==;-: --'\.: '-=--'~.:.~. '-", ':', II D " '-' I : I, \; I -." --" -. )~I-I .,'" _. . \ -'. \'--" ,. _, _,' \ I .--\ . -./ '----_/ --. , ------. '"- LL:J ~LAN r (15% MIX) PLA~ 2 (20% :-!IX) TYPICAL BUILDING ELEVATIONS 10 Fi. MIN. -- PLAN 3 (30% MIX) , ' :, .. " . _.'_. . , .' r--/~ ~ .;..L. :" ;):o\el ", .. :.C"· ·~.t·:t· ."1 " t' '" " -.tr,:,{ 'J"l1:'5 !:~ 4 :,",.1 "I!tl..\te<t :'!'.:. :":.'''\ :', ... ·,·t ."1' "I. \: !C.:I.,.t one u! :. ... e t".:ee :fI.~:l ");1(1;1: 1:.3"1": ::. ~.: I~t" ••••• , ~..:::-.<J ,...···..;e v~t.~ 4 l!ept.~l 0: "0: le!.s !!H'1II1 !O :"~' .• ~,:,.1"("Il'" "e a! :':.e o:.!ler U.:"ol:'~. :",~ :t..(.'): (.~·/f~r! '0; :.~:" "::\j!e '.:"\,t, ".( .ea:. ~!;.)1: ~e ~uU$oc.n:1Al1y ~u ..... [" :~~n :'~lC !'ooC !(.!' ',~r. J •••• ,:! eler.l.lel,t :'0 the l::l:.:. (:~!5. ::. no:. ;--;:'cmh'd :0 p:-ecl.ut.:c I •••• J :.:,eL1-~1p. coo!s !ol~!.!':·UI to .). sll.q~e-:.t.o['J t!!e:l~nt.). ( 1:'~CL.ll:'~llm: I 1.I"/J\T:<::I$ ;,IIL) ','!I!'f'!' ',:;I'U' i ,Itl! "J' !.I'(.'~':fI fit!:).., OI'MOUr;:lIt,Tr.5 lilt. 1\011,1:', 'iu I'Ll,r (II(:" i'.IOOU(; 111 l.(:1.'I,II.:.(:: · ... 1111 Gt.:!or':.!:a; OUE. H;JUl'IUH L'U:Tfllll\ (OHI'l.I."I'll l!i JI.i.u~rtlf.-:·ru QU STRtE';" i'ROfIL! ai.lO~. :1'1: fl"l\!. ~Ill' 1'1 .. \fI ""11.:" HI:tLL'C';' I.C-rUAL CC:-tPLIAJ,lCl:. .::: ~J/Lr r l~ PLAN ~ (35% MIX) ,10 =1', ·XI-N. " ;( S':'ORY EL::::1EN~: 3 .!. 2 ..... ~ ... STREET PROFILE ,. , MINIMUM CRITERIA COMPLIANCE ~ ~ .~ r \o"i-5Jf?\\VU1~1~ IUn'c}--" I L=-U~\SJ0~~ L f;, /~ VILLAGES M,N,a ft ~ \\Iifjl n &r&~~ !(J;= Ii 1i\'rc-fJ~II/A\ ~!..L..LJL -~~ "0!.. _=--.:. ~~8 :"1J"). I ~·I ~:-,I~--'0' ~\~ ,_ (r~0-.\~\] 0~::~ \ ~\j IW U Q--CJ.r~ ~ ~,-,,-,-= 00:': ___ -..:.!... \...: _ ~~ ~ ~ ~~~¥". +;:::'1'; -~.-. ~- " , ::,"\ : \ f-;,'~ '\' ::--::':":;-:1 :-)'1) : -' .,11\' :1 I \~ ,,~, _,-:.~=,/, --._-.. - . J ---\ \ .~:."//L_:_ _ " I '.' I . !: !I ~ -"" --. k:.:: • ' •• ' J ,. /~ ;;; ---'- .. 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'_ '_' _--1.-=="_____ ~-.:..../ ,,10 FT,~:\ltl. '1 ' ! x ~ -, ---y" ;1 -LLrrr ~ _____ ----------~---L----~~~ 'It PLAN 1 (15\ MIX) PLAN 2 (20% iHX) TYPICr\L BUllDING ELEVATIONS ,10 FT., MIt!. 1 » I I I, PLAN 2 ?LA~ 4. STREET PROFILE MINIMUM CRITERIA COMPLIANCE , ,-, -----------I CO::c'I ~"lO'" I ?;;~'J~~ ~ ~f;~t lI~;~ ~;:~:I~.f:·~I1~'~ t ~~:IO~:~::\': I ~ ': :.!~~~~~ :~;~~i4 w~~~O~~i~~~~;,: I mil:. ~1:11I1UH (l'tTl:nl, .... CDtli'I.!.""ULi :'. lLI.U~Tll.'\T[O 0:1 STRCET ~110flLf: !It.::.ow. Tin: nUll!. 'j:,,: 1'1 v, HJI.L IlLn.£cr :.C7UAL COMI'J.I.\NCC • ..--- I, .1 0 F'!', I t1111- I r I I ii'J~~ -"'- ---LJ)l: ~< ,PLAN ~ (JOt MIX) PLAN 4 (J5% iHXr "=-1 STORY EL'EMENT ~~~fE)[Ul~u a 'H' VILLAGES Q,P /' ' 4~ WLi1 /iVFi'-~ rO'i:= n & rcJ~C§::-\:;~ .J' ~'r..:.~"..:::::Y~:": ....=....:-_ ~~ !..._""'-- ~ ~ ...llli!f!.. , '~rr:..=t';=:;'\\;-(r-:::.r;-':\-:-V~'/7. 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'\ ;, .----:: .) ...... _--._-' --------------1~'\f.C-:::-·,f' ";-'=--:--=--:-:=---:/~~ -.-I\:--D\ ,-:-1 '\ ~.,I ----,.-"., I 1 I 'l.._.. -' I' L / \ . ," --..,' --'j 1 -I . ~r ~ ~~;J L~J ~ I ~---\0 J l~ln '\ /---~\, - 10 F'r _ !.!!~J. :" 1':")1&("':1 .• :~ •• :t.' t!Ul~ ,'Lt" •• 't· .. 2 =-1u:-/ \!.~~t:~ :':'l II :u',.1 3.:.";..:"t~d l.!~ .. ··.~l !', ;l!'t!: ,,')"1:' 'l: !CA-.t. o:t! u~ ~he t!:'cc ,l:11.:'3 5r~n.ll ~·H.·"8 " s:n.;!u .. tu:'l : .:!.:!: .. j cucJe v:.::~ a d"epl~ o! .~ut. le:.! .. t~Hln 10 ic,~t, a!)~,:clI:: ~ .. O!.~ u! !:u: ot~.e= un:.":.~. -:···.e :00! cu~e~:.~q ":,':Q s:nq!e story r!~~cn: ~t,~ll ~e 5U~$tan:la!ly jo,""et" '::~an ,:~a :ooC ~or :ha 1 ~'.~:y et~:,!ent '::0 ,;~e U!\l-:' (thIS _:i not 1n~el\(!ed :0 p["ecluJ~ l_: J !.lIc:.1-t~·p. roo!'s !all!.r:<j to d slnqlo-~tor1 eleaent). (Orl,"1 USlun: i'LJ:VJ\TlCU$ ""0 STPt:f.r ~t.·L!lf: rl"'II: i SIIO:"U DI:lOW O£~I)USTPI\7t:S :m: .'UIU:'Y TO r:.C7 "!1I15 l'I'OtH!." :11 \C!1i'It.'II(.'[ Wll"l1 G~ID£I.lt.£ <,ue. H!"IHUH CltITl:RJA Clf1,I'll/.n,: :', 11.IL!.TItAll·U 0:1 STnCI;T l'nOrII.( 9f:LO~. '::H: filiAL SITC I"'U !lll.L RCrLLCT /.C:-O,\L COHPI.J"UCC. I .- 10 FT. HI,N I • ;,c. It· c-l t--: I ~ 1] -IT tl_~ ~J L...;.------'-------=='~~ I ' uc?:J PLAN 4 (35% .MIX) £LAN 1 (l5\.MIX) PLAN 2 (20\ MIX) PLAN 3 (301 MIX) TYPICAL_BUILDING ELEVATIONS ~ STOR-Y ELEHENT~ 1 PLAN 3 STREET PROFILE MINIMUM CRITERIA COMPLlANCE r 1 STORY EL"'O", \0"1 0 \~'0";-U:rc.:-= ~/.r. VIl,.LAGES H,G I ~./ I I " II .... ..! !J'-l 'L0~~ L .tJ . '0!fLi L..~$ cg~-= ~ 8~ ~~-;Ilk. 1==;'=: 1F>'C§-..:0"~,'-.(r::,(NoW, ~:~\~MI~ ...: I\-~-.::V ~ \:::::.1:..;\--~';'.,\_'---:.-~.J :8 ~ ,.'Hf,h'I,,!'**>jIfA ,if'S"'...'" t •. 'I,¥~.JtSIW 'F/'''''''''''' ,.~"""l'!"""'. • " ,,"'" • • I ~ .... ""'.: .!l:. ~ , 'I' ___ .~). ·,)aUikNs'-;"'~·;.:.u)a);fj p~·i.$i;?'4"W "-'-~T' i~ 1\ ;-1'""\ -'1-·-==:-:-":'" ".:::',"-,::", \ I -: '--:n .' -"""",;' -';-, -~-- t.~'::'~_f:lo~ .. M.. •. --.-~--------. -.----- '-', . I I' .. . j ~I 'I; '. '. :,:..,\."" ;1 :: ._. /' \ \ ,----~ : ..". -~--. ,. / ~.~ ~ ~ ~ i :-l'll ! L1 \1 i\"IIU\~~ I; ~-::I U) I U J\;-:= '\//1 ~--!. : Cri ~r\\/A!; ---::-: ~I ~\ \' ~ ~-:!J---X_\ I ~ '-.:~~. ~::::,/ -== _ ~~~' -~ ~,/t 11 ~ l I ! ----- .-\ j·;:::;Y;:>-\l ! "1' '--', ..::.(~ -j IU-11\\0) /~ Ii I?"i'i !i~i-' ,.~/?..:~ .',:'_~,\,!~ J U I;-~ U ~J=(\/,"JI ~ ~J~i~DJ§:iLJ~~0 ~:. p: .. .)~e.\:t!l \,/here ':.~~el-r. n!e ':..:,' ~e ~ ~:.u:y \:~:ts 1~ A !'VJ ~l~\:.llC\! 1,'u9 ~. 0:1 !!. :\!6t. l'Ij."':-' .,~ !r-o~':. Oile o! t.:--e three '-!:l!.t.3 3:!All h."vu e, ::.~n(;lc ste:.,. : .. !i.!:.:~q ~'!qc-\d':..h a dc-pt.h u! "":.'".)':. lc9s tt~a:l 10 :ect ,\1:)0' ... ·tt '".:', 'It> o~ t:".e: ot.~er units.. :-~e :~O! c~~e=lnq t~e ~~nqIe 9tO~y r-ll'~el:t. snaIl ~e suost&ntlAlly :o'Jer t:1AO the ::-coC !u:-:.!,",e 2 <;J'"l':( eIe::ent to l!l. uOlt (t.!l!S ::> :lO~ ::.tendcd ~o plecl.m!u lon4 ~h.ed-tlp. ;:00t5 : .. lllOq t.o A ~lnqla-sto~1 ~!e~ent). lO.FT. tlIII. ~-------------------------. I CO:It.:L1.;~.r.O!I: [:"'[V'\'!"10~S MID !>':'?El T S(,.!::\lr. rltot 11:-~1I0W.' Sr.LOW O:E!'10HSTIlAT£S 711t '\u!L~':'Y TO j'LU7 7!11~ l'(WOUl r :'1 CC~PL'IANCE W[TH GU.r.OELIUE (':IF.. M!tllMUH Clil-:f:R!A COHI·LJAII .... r :', iLLU!.TIt.,TEO ON STRE!:T i'iJOfl1.i: 9ElOW. -:-:1£ 1': nAL $1 T£ r!.:.11 WI LL R[!"'LECT AC-:-UAL COHPtl J.tK[. . I ~I \ . 1 .~. .' -;--. ..,i'-, PLAN 1 (15\ MIX) PLAN 4 (151 MIX) PLA1~ 3 (30\ MIX) PLAN 2 (20\ MIX) TYPICAL BUILDING ELEVATIONS LSTORLELEME.T_:=:;1 rl f ' "'"- "~t\ \~ PLAN 3 \ ?LAN 2 STREET PROFILE MINIMUM CRitERIA COMPUANCE I I . \ STORY ELE!'IENT ,/ .., r· • L. " I ~D)Irc;· ~:-I i\rc~ i I· / ~ VILLAGES B.K.I.C J.A~~ . ~ ~\j\Sl0~~-. .!::l.. ~ ~ ~ .. "1Iill n !~(fd:®== ~ .f?\:; ~:! /2\. fFY0',@,p70 \1--~.:.~..::::..;~!... --=--.:..~~~!r'). _ ._. ~0 t2..=,r"· -;:::::':'10'-' -::;.,'7\--;.::-;00 1_. _ I ,.~ \\j -IIJI ...-' _ \,\:\V/ _ ':-..=...:::::r.2-' -~~\-= ."::!/~/"::"-~ -'-_.\... - ............ -•. . .' -".. +--I-n-~ a.......:- ~--.--- ---..,-~ ~-~--~ ---... ---~ --... -, :-,>" J, ' I -':--'\, _____ '. -": -; I {\ \ -:--,-. -- -'--' ~ 1\ ,I _ " , - \ \ I -I If \ -" )' / .. -I : •. L:/: /,=,\II\8~l0 ~. 0.=-~?J0'Jd~ C: !M1'6)~~ 'I-U -1-\ i ~ru \1 \ \8) /~ ~.\ ' @ll~ ==11 ~IIII\\~@ L~IJ~:J LI _ I' ,~ lJ. '0::!J0.~~ \ ~ \s~'0~ _I -.! I ~~ /-;;:::--, ------.. -------....'--'. , '-./ '---" i ' ; :\\ , == ",--,,:-~ --------- f. /~ ~ ~ !n p:-ojac:a ",~.r. t!":.e[,a a:-a :.~.; •• :2 .'tory \!~!.t.s !.j • :-0"'" ,~tu.t.d l •• s ~~.n :5 !eet .~a~~. A: ! ••• : O~e o! t~. :~~ee u~1t' sha!l have a ,1nqle stO~ ~ul1~!nq edq. ulln • ~.ptn o! no~ Ie •• ~h.~ :0 t •• t adlacent to on. o~ t~. o:~&r c~::s. 7~. ~oo! cov.r:~~ the alogia sto~ cl.~cn: $hall ba .ubst.~~1.111 !o~.~ :~.n :~. root !or t~. 1 .tory .le.ant to the U~:: (~h~5 ~s ~O~ ~~~c~d.d to p~cclu~c lo~q ,~ed-t~. ~oo!s !.:!!~9 ~o • &:r.gl.-.~o~ .1cDent). COUCLUSIOr.l: \ ELtvll.TIO:IS M:O STRECT SCI:NI!: r~orlLt SUOWH BELOW ODtOMSTMT£S "illl: 1\6lL17Y -;-0 PLOT TillS rROOUCT 111 COHPLlhtlCE WIT .. C;UIC£L1II£ ONt, 111NIH:''''' CnIIE'"/\. COMPLIANCE 1~ lLLUSTP"TED ON SYAEtT PI'OflLC 8[:'O~, TilE 'INAL SITE PLAN '"'ILL REFLECT ACTUAL COttPL1ANC£. i • l. i,. 1 l i .1. PLAN 2 (15\ MIX) 2LAN_LJ lO\_MIXl. ,~o f71. rl1l:. PLAN 4 (25\ MIX) PLAtL3_.( 20\. MIX) PLAN 5 DO'!. MIX) IYeICAL_BU1LD1NG .ELEVATIONS STORY ELEt1ENT ~ \. u.... ,I 1 I. u.... 4 I ' po,' , r , ,T-- ~ " 0 :6)(U~: ,-':)fl 0t?:-\I-v-~. c-:·l~ \'!y VILLAGES D,E;F STREET PROFILE I' I n.J~/L.::!. \<) ,< .~/ ___ . ____ _ -, ------_ .... ;:-'.( :.r-~.I"!I\ MINIMUM' CRITERIA COMPLIANCE . ' ~T:1:-!-{;1f-" ;~,>'.. ,I L\ (:,';; ::!ia~~;~ I--'I!=II II)')' '"" ,\ '.. .. _ .... , .. _" ~~~~ L-~~:. ..:_,r.:.: .. :>' ., I...., ---_ .. . -!ac'r·~.,···.'""'~:";""';';"';;~~·.:;;::-~.i&'~"-.'«1 ..... j.:;'$(:l.~~:,.w.,....~It"~ "I" ~~': , ... I" ".L-l ... I'M".:'" ... :\Al'Yu"r.-.. ':'·. ';,'r' ~,} ':. :, • .1 ':.., ... " ' .,~:':'Jt: .. ,-J~'JY1~". .;i'f'P'! , ~ "~. r ;' ... · .. ·l' :~"tI~1 'I,~ 'A :~~"':':" _, • ,t.!":",·. f .J.,~,~'~~ ~;,.!.,. '\' ':~ '/ ~i"".,l :.{ . " '1:':"~ .::-... . .• " .• ,~;jliJ~, 7\~ J·',l:::·:1,. .,~:.~: to ..•••• !,t: .;"!.f'-:~.:~~r. ~""~:j.'" " .. I, ,: ~ 'II:,' ~', .. ,....... '>, ~ ----.--.-----_._-- r'· "", ". ..:' I ~. '-"' ... # .. ~~ ~ .").. . . ::,,;~~.'~ ·=M.iof\iu,'· , • 'j .. J~.~' 'f . , .... ' .. , .....•.• lor." I' .' ...... ,-'. </..1 ..... _.Ml ..... ~:...;J .~n .. 'j,~'.~W.tJ· '. ' .. \ t.:1~~~'!' .••• ~,i ,~. . ,;#' . "'.:" .. ".;o:·.lI:~~"';4 --.. . ... ..i .--'-i t~ .. ," .. .. :::.. ........ ;:-=s~. . ; .•. ~",ra~ ' ... "",,"-; ... .Tr '''' .)~. __ #' 0 o. _ •• _ , ____ ._ " .. :; ; : !\\ III'\~ ii' i\ ;' ~··:·.:·i u··\ '\ .. =''::' -''''-'_'_ \J.J \J_==~ J--'-'--' ,.\ . , ""-~ , \ .'.-. '\' f I ~.", " .-~/I \ \. I " :.:-_. . .1 / =~ ,',1 , :-........ \ .. _/~/ ;-' : \ . /i II --' ----._-----,,-" ---_._--'I _ '" ~,.t;.i:7 '/ (~) , I ,,' - -'I I I' 1 -I I) I' \ (, _ .. I I I " \, , ' ", ; ·":-\/'C-;':::--\I--I i-:U-==-=-~=,r::::-C ~~U-,:~) ,~:-; I"r.""\ r-\ -'\:--11 -> ; ." '.:: -"-'.:. -:/'" '\\' -:·'\.It i =:, I =:' 1_ \ I" 'I .' ----: ~ I I; " ~:_:.:: \',:, 0_---'" \ !...::::. ~ ~1~U 1.:' ~ I ~-~ U lllJG~~.:.:-·.-.~. \~?~~~J~.J .. .:..:.=:-= . .:..: .. ~...,; \",:",::-,:,::,::,~, 1/" .\ i :.:q"t:~ ~'''~o'''' ''':::'':''1' : .. " :It·:t;,'n' ;~~\) o~ 4!!. u:::t-:. ·,:u,li. ·.~ve A '~. ~;!., ~::("::' "o\'j~! : ': :, :-.'1 :-1,:cl:a:. (~O\) o~ '::-e 1::' .. -.:' ,~!' 0:' ':.' t: :., •. l~!~:'J, !.I: • t' j 1·:'~O'.t" ll~ t~:s c;uu!e! ::I(~ :.~c ~.::I;~e 5::':1 E".~.;~ !.h."ll :.,. l'. ~ 1'1-1,:" ,~ppt.h 0: ... t::ec te .. t. (S") 0 :-!~e u:::'::. t;..!4J.!.:,1r.<i en..!.,:-',;.c lJ\ s~~411 ':le l!l:tt:..:::.but .. t.l :n=o\:,,;::ol.:t. : ':e ;>: o)ect, 1 STORY E:'::::I::::~':'-- PLAN. 1 (l5' MIX) TOTAL PERI~ETER 217 F~. ONE STORY = 217 FT. (100%) I r---~ -Jr PLA~ 2( 20 \ :-HX) TO~';:' ?ER::::~ETE:t = 1'8 J FT. ONE STORY = 94 FT. (51%) SINGLE STORY BUILDING PERIMETER L I l ~-------".-. ---------------~ CC~<.:LU:;lOIl: 1\5 SIIO'..,tI til 7'!£ U:"t.HI\~" !U,I.O'~, 'n) ot' TilE fQCR PLA::S 1:171115 ,'Ut)OU\..":' !:<C:::!O 7H!: FORTY l't:'nc~ '1-;' "'I'Jlf1U!1 !.J::GLI:-~TOay PER!t1l:Tf.R -:'IIi'S',: -; .. 0 i'1..\N5 ,'i'ovlor J~' 01 :-I!: TOTI\~ H1X. ':'IIEft£fOft£. £XC££OJUt. Till: )jl, ttt'~U:!1i.~. ~-_----------.. -... ----------.-t ~-I ~. I . ' w J I .I .,~ PL":l 3 (30\ :lIX) TO':'AL ?E:t::~ETE~ = 2Q2 ?':' .. O~E STORY = 58 FT. (291) .~ pL.~~ 4 (35\ MIlO ':'OT';:' ?ERIHETE~ = !9~FT. ONE STORY = 73FT. (36~) ~C5:f0\I~IU!]~lo ~.f\~~\ G/~~ J r. / r.) VILLAGES M,N,a ~. ~ .:..L. 'WfL!~/~~~ (0)_-~ /~ ~ Ij~ -,...:...: ~J' rr::=,?,-"\ : . -~V-:-\ , :; YA\ "\ "1M ':-':-~J~..:~ -'~!J~.~--.:.=.:.:..'(!)j ~ ~!.. .. ~ .~ " !' , 1\ .... , •• , p ; ..... ., : .' '.-r' ""T'*SWC'* d1ji; , , "'j. ~,.w-:"~" .-~;: i IJ5t N' " .' '..... .---n'.~' CC ........ ..,. .. ", ~ "';':r"',~ _ ... ..:!~.:....:.~ ... ~~:;:.: -_.,. _ ... ; .--_ .... ,'" :-'1 --il··\:·:-·~._·: --,' /l\ \ ! '~, 1 \'" , ~ ~_. 1_ ;.1 , ,-'-. ,I 1 '--'l_ ' _____ .... __ . .--.-. - , I ( I L _ '---.... '" . ' \ r-'" ..", . --~ '-J ~ .: • •.• -I ~ 0(.' ... l;· .. :ti .... . .' . L.!"'" ~~lI' '/ ~j, --,,-'--", -.-.-., .. --"-.. -":-...-.-----~ -'-.-- .:,-\ : ::,) ("-~: L.-! Ii (-j ''''i ~-":'-([;"I-I-L' U' : II D) ::\ \ ' . ._1'.-\, '!-I "I" ,'-"\ \ 1) '"c·.I.' l...:-:~J '~'0L L~ :~ L.:=' _:::::J J\_'_I r-'~-== I/(---:-""~ --··T...::::'·.· :.-:-.... I ..... : I I, I '\' -.. \ -".., '" I) ,--..... .. /' ,-J. '-__ '-_ •• _ ._. __ I '-- \. !j \ :,,~, : --,"'=:.' , : .,' .... : ••• ,'. J ". ".:"; t' -t' ,',I .,,: I to" t 1 1 \ I c.. -: .,) 11 \:".l t '.~,).: .• ".·I,~.\ '.:h'j!u "~C: ".!.; •. ~ . :'1:',' i~·:l.,f·:.·-(~O\) l)~ ':: e ;I.·:'::-"";I~:-u: ~:I' 1 •. ::I~"·'J "t! 1\"'::jJ~J!"~ u: ':,.'115 'JUlt!.:~. 1;"~ :...;·(j!a S:~I:'J t'd.:e :."'l!l.!: '" I'l :-:II·~:,-·.:l ,-1t.:)':.~ u: ~:--.!"et: ~e (It). :r.'! Ua!':.:. Cj\11\1:~/~n'j ''',',.: 1':e )l\ ~hall ~u dist.:-!~Ut.tHJ t:l:-OUI;')()ut ':.:.4 p!OlC( ..... PLAN 1 (15\ MIX) TOT~~ PERIMETER = 215 FT. 1 STORY = 215 FT. (~OO\) -r---'( J PLA:N 2 (20\ I1I':<) TOTAL PERIMETER ;: 197FT.· 1 STORY = 49 FT. (24\1 . SINGLE STORY. BUILDING PERIMETER ~'0::CLl":'.;lO~: -----•••• -I bS ~;;IO";N 1:1 71'~ Il;I\CnAHS DI:~{ w. '! ... u Of' ~IIE: "oua ?L.\NS U4 TillS '·'.·O~~l."::'. ~::<r,!::~ rTl!~ rOIl:1 ?E'iC:::,~ ,~tllI~ll!1 ~~UCL::.~7~~,{ r£Rrlt-:.I~T~n. T.Il.:.t. ••• n 1I.I\.b .~OV10t. 4~\ O. 01 .. TO~J\L .. \lX ..... .:.:\.:.'IORI: ..... xcn':OlUG I 711" ))\ fll'Je1:':::!>, .--------,~--------------~ 1 S:-O!{Y E:LE:1E:IT ---, L :J -1..:-'_ ~.~ 72 1 I I ~ ?LAN 3 130% ilIX) TOTAL ?ERIHETER = 208 FT, 1 STORY = 112 FT. (54\! .' /~ J ! L - \ PLAN 4 (35% MIX) T.OTAL PERINETER = 2 P fT. 1 STORY = 65 FT. t31\) jD 1?f'P\\rc;~U \~ n~ll J-"U\J~~~~ _ pi ~ VILLAGES Q,P «4..y ~ I ' 'II':::. -'-/,--.", --" 1/ -,~-._. ~Jmi --~-~ .-...--~ ~~-~ ~hu!....!~~~ ___ ~ ~~-IL_/~.: ~~ 0/J:-_ -.-:::-.,,,,, --= 1p0.~-;VI ~J~~M ~~~,-. __ -l\.!,-, ,.,.---:::v~-_. r " ~ i. if . U;''S, I, \.~ ~'. ~ '----- ~ J~ -~m!Q... ~ .... til,· .,""'/ ~:wr. ' .. I -' I' J • RECORDING REQUESTED BY AND } WHEN RECORDED MAIL TO: ) } CITY OF CARLSBAD ) 1200. Elm Avenue ) Carlsbad, California 92008 ) Space above this line for Recorderls use ° Parcel No. 206-020-05 AGREEMENT BOETWEEN OWNER., DEVELOPER AND THE CITY OF CARLSBAD FOR THe PAYMENT OF A PUBLIC PACILlTI~S FEE THIS AGREEMENT is entered into lis J I day of A ~ 19 91 by and between A.R.C. GROUP --------~----~=-~~~~------~~~---------(Name of Developer) a General Partnership (Corporation, partnership, etc. r , hereinafter refer.red to as IIDeveloper" whose address is 5751 Palmer Way, Suite H (Street·) Carlsbad, CA 92008 (City,. State, Zip Code) and Tamarack Partners (Name of LegaJ Owner) a California General Partnershi Indi-vidual, Corporation, etc.) , hereinafter refer.red to °as "Owner" whose address is 780 Chaparral Lane --------~----~(~S~tr-e-e7tr)-----~~--.-------~---- Escondido, CA 92025 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corpor:ation of the State of .California, hereinafter referred to as "City", whose address is 1200 .Elm Avenue., Carlsbad, California, 92008. REV 7-28-87 '. • • RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit II A"; attached to and made a part of this agreement, hereinafter referred to as "Property"; and WHEREAS, The Property lies within the boundaries of City; and WHEREAS, Developer has contracted with Owner to purchase the Property and proposes a development project as follows: Construct a 5-unit condominium on said Property, which development carries the proposed name of ----- La Vercia Condominiums and is hereinafter referred to as II Development"; and WHEREAS, Developer filed on the ____ day of --.,... _______ _ 19~, with the City a request for __ T~e_n_t_a_t_i_v_e_' _M_a_p ___ a_p_p_r_o .... v_a_l_a_n_d ___ _ Condominium permit hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and is incorporated by this reference); and WHEREAS, Developer and City recognize the correctness of Council Policy No. 17, dated July 28, 1987, on file with the City Clerk and incorporated by this reference, and that the Clty's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the propos~d Development; and -2- REV 7-28-87 .! ;. • • WHEREAS, Developer and Owne~ have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the .Developer. and . Owner are aware that the City cannot and will not be able to make any such fir:ldings without financial assistance to -pay for such services and facilities; and therefore, ·Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by .payment of a public facilities f.ee. NOW, THEREFORE, in consideration of the recita.ls and the convenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay· to the City a public facilities fee in an amount not to exceed 3.5% of the building permit valuation of the building or structures to be constructed .in the Development pursuant to the Request. The fee shall be paid prior to the issuance. of. building or other construction permits for the development and· shall be based on the valuation at . that time. This fee shall be in addition to any fees, .dedications or improvements require!=! pursuant to TitJ~s 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 3.5% of the puilding permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to· the issuance of a condominium conversion permit as provided in Chapter 21.117 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock ·cooperative. The terms "other construction permits", "other construction permitU and "entlUement for use" as used in this agreement, except in reference to mobile home sites or projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development isintehded. -3- REV 7-28-87 ," .~ j • • Developer and Owner shall pay the City a public facilities fee in the sum of $1,150 for each mobile home space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements r~quired according to Titles 18, 20 or 21 ·of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offer to donate a site or sites for public facilities, the City shall consider I but is not obligated to. accept the offer. The time for donation and amount of credit against the fee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant h~reto are required to ensure the consistency of the Development with the City's General. Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee r.equired by this agreement is paid. 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this anq similar public facilities fees are available. -4- REV 7-28-87 ",. • • 5. City agrees to provide upon request reasonaQle assurances to enable Developer and Owner to comply with any requirements of other p~blic agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Reques,ts made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving ~uch notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless· served in one of the following manners: 7.1 If notice is given to the City "by persona.1 delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 I f notice is given to Developer by personal delivery thereof to Developer or by depositing the" same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. 8. This agreement shall be binding upon and shall ensure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be references to and include their respective successors and assigns without specific mention of such suc;:cessors and assigns. I f Developer should cease to have any interest in the Property, aI/obligations . . of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. -5- REV 7-28-87 ., • • At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall termin"te; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lienor security interest in the Property. When the obligations of thi·s agreement have been satisfied, City shall record a release. IN WITNESS WHEREOF, this agreement is execut.ed in San Diego County, California as of the date first written above. OWNER: Tamarack Partners, A California General Partnership (Name) SEE ATTACHED (Signature) (Name) (Signature) (Name) ( Signature) ATTEST: ·DEVELOPER~ A.R.C. GROUP CITY OF CARLSBAD, a municipal corporathm of ttle State of California BY ~M~A~R~T~I~·N-=O~R~E~N~Y~A~K~--~ -_._------•.. _.'.'--'-'._-'" --.. _-------. APPROVED AS 1 >-C t1l a. E o U STATE OF CALIFORNfA) A~~~ lss \ COUNTY OF ~-~ I . O~d St~t . "l'rz,< Jq c; ! Vu : ~ II . • fI' be~~re me, the unde~i~~, a Notary Public in and for : sal a e, persona y appeared L~ ~ VV/I:C.oV .- VINCENT F. Blf City Attorney (Notarial acknov REV 7-28-87 ..<!! r= c t1l o .~ E <t -[JU.e.WQ. ffJ}:::/4.-.4"""!hIO::....--___ -___ --'-__ personally known to me (ojOftio,ed 10 lIIe 0 .. the busis of sutis factory evidence) to be the person that executed the Within instrument a.~ ...... _--.:+q.'i~. t) h .. () , . , ~ ~ ... partner(s), on'behaifof .A-&c. ~ -------_ the partnership therein named and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. SIgM,"re ~ A· ~ @oo.,. ~, (lflClAJ. SEAL . ~ , . Hermie Q. Martinez '. 'f«jJARY PUBUC.f;AUfORNIA " ~ JlfiIHCIPAl OffiCE IN . " . SAH DlfW toUHJY . . My ~ E~PH'.Alli 10, J88l' (This area for offici'.!l n9~lirial seal) [ 11 ·0 2 fE c fl .~ E • TAMARACK PARTNERS A California General Partnership ~Vn4L:BY;r~~. DOUGLAS W. or KATHRYN T. BURGESS BY, ~4A>L~QMJ ROBERT McCLURE I • STATE OF CALlF0fuA 11, Iss. COUNTY ~-UL 'fE... I on ___ hfh=-~'--'i~ -._~_, belore mo, the undersigned, a Notary Public In and for said Siale, personally appeare~tn{llf! It, t. 111~ . ____ .. ---------------------- '" E personally known to me (or proved to me on the basis 01 salis- u:: factory evidence) to be the person thatptxecuted the within _+--E:o:::.-__ In_s_tr_u_m_e_n.:..t a.s ___ .~ .. ~~ partn§!!ID... .. ~ ... :>. c PI E o o 2 F c B ·c Q) E '" I STATE OF CALIFORNIA Iss. ,. COUNTY OF San Diego -I ATTACHED TO CITY OF CARLSBAD AGR On April 12" 1991 . before me, the undersigned, a Notary Public In and lor said Slate, personally appeared * * * *Paul H. Blanton * * * * * * * '* * * * * * * * * * * * * * * Kathryn T. Burgess * * * * * * * * * * * * * * * * * * * * * * * * Robert M. McClu+~ .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * personally known to me (or proved to me on the basis 01 salis- factory evidence) to be the person thai executed the within Instrument ao..s ____ __ _ _____ partner(s), on behalf of Tamarack Partners _______________ • the partnership therein named and acknowledged to me that the partnership executed it. dated 11 April 1991 OFFI~IAL SEAL CAROLYN M. SHERMAN NOTAHY PUBLIC· CALIPORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commis£ion Exp. Sept. 5, 1992 (This area for oHicial notarial seal) .. ~ .... , .. . ",. • • EXHIBIT "A" LEGAL DESCRIPTION LOT 8 IN BLOCK S OF PALISADES NO.2, IN THE 'CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 25, 1924, EXCEPTING THEREFROM THE SOUTHWESTERLY 15.00 FEET THEREOF AND THE NORTHEASTERLY 60.00 FEET THEREOF. l-_ '~. , R!:CORotNC P.E~ ~BY: , fOUNo.::::~-:,; TITLE CO. When Recorded Mail To: Paul H. Blanton, Jr. 780 Chaparral Lanue Escondido, CA 92025 Ilt>ftI1 ,-0 , 2236 STATEMENT OF PARTNERSHIP (California Corporations Code Section lSOIO.~) THE UNDERSIGNED, constituting eleven (11) partners of TAMARACK PARTNERS, a General Partnership, created under the laws of the State of California, on or about, _______ --'-I_-...I.I..L.I _____ -', 1991, hereby make this Certificate under and pursuant to Section 15010.5 of the California Corporations Code: to wit: 1. The nalle of the Partnershlp is TAMARACK PARTNERS; 2. The names of the ,partners are PAUL H. BLANTON, JR., BONNIE K. BLANTON, MARK THEODORE IIYERS, LAUREN B. - IIYERS, DOUGLAS W. BURGESS, KATHRYN T. BURGESS, ROBERT If. MC CLURE, CAROL W. MC CLURE, MARY E. BLANTON, DELLA 'E. BLANTON, and BRIAN LASSLEBEN; 3. The persons names in Paragraph ~ of this CerUUctae are all of the partners of said Partnership; 4. To convey U tie to any real property held in the partnershIp name, the following tour signatures are needed: 1. Paul 'H. Blanton or Bonnie K. Blanton; 2. Mark Theodore Myers or Laure,n B. Myers; 3. Douglas W. Bu~gess or Kathryn T. Burgess; 4. Robert M. McClure or Carol W. McClure EXECUTED ON /-11 , 1991, at ____________ San Diego County, Caitlornia. TA~ by: ~ //-PAU~ H. BLANTON, JRY. ,I i • / CAROL W. MC CLURE ., tz::~ DELLA E., BL~ ~~(3; .I • • , \ VERIFICA TION , , PAUL H. BLANTON, JR., BONNIE K. BLANTON, MARl{ THEODORE MYERS, LAUREN B. MYERS, DOUGLAS W. BURGESS, KATHRYN, T. BURGESS, ROBERT M. Me CLURE, CAROL W. MC C'LURE; WARY E. ' BLANTON, DELLA E. BLANTON, and BRIAN LASSLEBEN each for. himself declares: ' I am a Partner in the Partnership named in the foregoing STATEWENT OF PARTNERSHIP. I HAVE READ THE FOREGOlNG S1A TEMENT OF PARTNERSHIP, know the contents thereof, and the salle ls, true of lI'y own knowledge~ Executed on /-11 Escondido, San Diego County, CaUfornia. I declare under penalty foregoing is true and corrct. , 1991, at , i I: I • Recording Requested By: When Recorded ~ail To: CONDOMINIUM CONSULTANTS, 'INC. JL BROWN ESQ REF: LA VERCIA 7777 ALVARADO RD STE 615 LA MESA cA 91941 " --* '--#'" • ~~ : .... ', SPACE ABOVE FOR RECORDE:R'S USE. DECLARATION 'OF COVENANTS, CONDITIONS AND .RESTRICTIONS FOR "LA VERCIA" a Condominium Project LAVERCIA Draft DECLARATION CITY'DRAFT DEC. DOC "'-..... 1 :'" -. 2. 3. • , , TABLE. OF. GQN:"tI;N1:~Y",,~"" '"RECITALS 1.1. 1.2. 1.3. 1.4. ~ " , ~·'~:~~i'.i~--,.:~;:;:{~6~:.:-i*··'$':~ ",,'~~~t~~:~:f:;~:: ~4r'j"~ "--":;.;':'~".~~ '~~~~~j~;;~n;;~J,.~~<~ ... -RECORD.OWNER ............. -............ ;.: ........... ; ......... : .. ~ .............. : .•.......... · .... 1 ESTABLISHMENt OF COMMON·~INTERESTDEvEtOF?MENt:-::: .. >.".:.:.:":':~f'··~~~~·:-:-'" DESCRIPTION OF PROJECT. ::'::~.: .. ~ ... ~ .. , ........ : ....... : ..... :.:~.; ................. " ... 1 ' . t.3.1. NUMBER OF 'UNITS~ ........ : ................................................... 1. 1.3.2. COMMON AREA ........ ;:.; ........ ; ............................................... 1 1.3.3. CONDOMINIUM PLAN ......................................................... 1 1.3.4. ESTASLISHMENT OF A$SOCIATIQN ................................. 2 ' CONDOMINIUM OWNERSHiP., ... : .............. : .................................. : ......... 2 DECLARATION 2 DEFINITIONS. .2 3.1. 3.2. '3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. 3.12. ,,3.13. 3.14. 3.15: 3.16. 3.17. 3.18. 3.19. 3.20; 3.21. '3.22 .. 3.23. 3.24. 3.25. ARTICLES ........................... : ......... : .. ' ... : ... , ..... : ..... : ............... ~' ........................ :.; 2 ASSOCIATION; HOMEOWN~RS A$SOCIATION. , .................................. 3 BOARD ................... ~ ................•................... = .............. ~ ........... : ................. 3 ByLAWS ........... : ................ , ...................... ...-.................... , ............................. 3 CiTY ................................... · .............. : .................................................. , ..... ,3 COMMON· AREA ............. ; .. ;: ........................................ ; ................ · ............. 3 COMMON EXPENSE AREAS .......... · ............. , ........................................... ,3 EXPENSES ................ : ..................... · ................................ · ..... , ....... , .............. ' .. 3 COMMUNITY ....... ::,::: ... ; ....... : ........ ::~ .....• , ......................... · ... , ........................... 4· CONDOMINIUM ..... ~ ............ ; .......... :.: .......... ,., ........... , ................................... , 4 CONDOMINIUM Bl;JILDING-................................................ : ....•................. 5 CONDOMINIUM DOOUMENTS and/or PROJECt DOCUMENTS ............ 5 CONDOMINIUM PLAN., ................. ; ... ; ............. :;., ................ ~ ....................... 5 . COUNTY, ......... , ............. : ..... :' ........................................................ : ............... 5 DECLARANT ............................. ~ .............................................................. ' ... 5 DECLARATION ..................... ; .... : ....................................................... :.' .......... 5 DEPARTMENT OF HEAL ESTATE; DRE ............. , .................... , ............... 6 DWELLING; RESIDENCE ... : .. , ......... : ....... : ................................................. 6 'ELlGIBLE INSURER, Gl)ARANTOR ........................................................ 6 ELIGIBLE MORTGAGE HOLDI;:R. ................... , ....... , .................. : ............. 6 ~r~:~.Rc:~!·.!£:j·.,.::;.:.~:;;~~:~~.:;.;~ ... ~ ............... : ................... : ....... : .......... -. ..... :, ..... 6 E.>:.~ .• ·:LUt)lv>:.:. \,;;;,1'; ""';"';NMfk.n;1 .w,REA ............ ; ................................ ;; .... , ........ 6 3·.2,:·'f.' .' .,8ALCONy· ...... : ........... · .. : ................................................. ~ ............ 6 ::'~.?'.'.;';:. yARD ........•. : .................. : .... , ...... ; ....... : •.... : .............. ~.: .... : ....... , ...... 7 3'42.3. PARKING SPACES ..... : .......... Errorl Bookmark not defined. 3.22:4.' . CARPORT .......... , ........ ; .... ~ .... Error! Bookmark not defined. 3.22.5. ' ·GARAGE .......... : .............................. ' ...................................... 7 FHA ......... , .............................. : ..................... , ............. , ....................... : .......... 7 FHLMC .... · .. \.:; ........ , ............ : ............ ' .... " ........................................ , ................... 7 FIRST MORTGAGE ............... ;.: ......................... , ........ : ....... '.·, ...................... 7 ·LA VERCIA Draft D.ECLARATION CITY DRAFT DEC.DOC , ';.' .. ~. .. ~ - 4. 5. 3.26. 3.27. 3.28. 3.29. 3.30. , ~ .. ;3J. 3.32. 3.33. 3.34. 3.35. 3.36. 3.37. 3.38. 3.39. 3.40. 3.41. 3.42. 3.43. 3.44. 3.45. 3.46. 3.47. FIRST MORTGAGEE .............. , .... " ......................... , .......... , ....... , .................... 7 __ .... .0' ~ ;" .......... _ ~;..,~ ..... ;!-••••• ~v.,:"t .. :: .. ~.>r~,"~.".~t--,""~--:.~ ....... ,' . ',. FNMA ............................................................................... : ............. " ........... 7 FIRST MORTGAGE ........................ ~ ......... ~ ........ : ... :: ... : ......................... ; ... 7 IMPROVEMENT ..................................................... : ...................... : .......... 7 INSTITUTIONAL'MORTGAGEE~ .... :' .. ~ ................................... ~,~9..:~:~::';.~::: ..... ~8"·' ~-~ INVITEe. ........... ~. '_ .. " ·,\.·· .. ·_t~!.·' ... ·"· .. " • .i:.. •. ':: ~::":"I! ~:-i~.~;..:~ ... i~~~~~J!_;~.:,.~~ ... ;· •. ·,·.io ~!..~.~~ ·~~.:;.,:-~.1;.£.~.~ .. " • ..., • .!"" .... : •• e '" -;'~""'1" ".. . LIVING UNIT, UNIT, CONDOMINIUM UNIT; LI\(ING>~~E;e.·~·,~;'fi ............... 8 MAINTENANCE AGREEME:NT ................................................................. 8 MAP; SUBDIVISION MAP ....................................... : ............. : ....... N .......... 8· MEMBER ..................................................................................................... 8 MORTGAGE ............................................................................................. 8 MORTGAGEE ..................................................................................... " ..... 9 MORTGAGOR' ................................... , ....................................................... 9 OWNER ..................................................................................................... 9 PERSON ................................................................... ' ..... : ............................ 9· PROJECT; CONDOMINIUM PROJECT ........................................ : ........... 9 PROPERTY ......................................... : ...................................................... 9 PUBLIC REPORT .......................................... -..................................... ; ...... 9 RETAIL BUYER. u ...................................................................................... 9 RULES ...................................................................................................... 9 SEPARATE INTEREST .......................................................................... 10 VA ........................................................................... : ................................ 10 OWNERSHIP 10 4.1. OWNERSHIP OF CONDOMINIUMS ....................................................... 10 4.2. NO SEPARATION OF INTERESTS ...................................................... ;.10 4.3. PARTITION ................................................... , ............................................ 10, 4.4. POWER OF ATTOR,NEY ........................................................................ 10 EASEMENTS 11 5. t. NON-EXCLUSIVE EASEMENTS FOR COMMON AREAS ..................... 11 5.2. PERFORM ASSOCIATION FUNCTIONS ............................................... 11 5.3. ASSOCIATION GRANT OF EASEMENTS TO THIRD PARTIES ... : ........ 11 . 5.4. OWNERS' RIGHTS, DUTIES AND EASEMENTS FOR UTILITIES ......... 12 5.5. ENCROACHMENT .................................................................................. 12 5.6. DECLARANT'S NON-EXCLUSIVE EASEMENTS ..... : ............ ~ ................ 12 5.7. DECLARATION SUBJECT TO EASEMENTS ......................................... 13 , t. ,I,,,, .:.:6.:-_~~.~ DEVELOPMENT RIGH'rS . 13 6:"L LIMITATION OF RESTRiCTIONS ........................................................... , 13 6.2. RIGHTS OF ACCESS AND COMPLETION OF IMPROVEMENTS ......... 13 6.2.1. COMMON AREA ACCESS ................................................. 13 6.2.2. TEMPORARY EXCLUSIVE EASEMENT(S) FOR COMPLETION OF IMPROVEMENTS ................................. 13 6.2.3. CONSTRUCTION IMPROVEMENTS .................................. 14 6.2.4. GRANT EASEMENTS ................................................. , ..... 0"0 14 LAVERCIA Draft DECLARATION ii CITY DRAFT DEC.DOC • :. ~. . 6.3. 6.2 .. 5., SIZE ANP,.f\P..p'.~~A~9§J~rJ;~9,i~sr~i;'~*:;':;'Ut-"::;:~;.L'-!:"~':~"·:J§l!.~r;!:h":' 6.3. MARKETING RIGHTS ........... , ........• .-.. ,,; ............................................. 15 6.3.1. GENERAL RIGHTS .............. , .... , ....... , .................................. 15 ~ -6.4. ., ~,.~ .. ', 6.3.2. . AGREEMENT FOR EXtENDED USE ................................. j'5 A'SSIGNABILITY' OF R"GHTS' . " .. "'.~;,}~'" .:., ~:, .. ,.-<~ ~'Z'e" -:. .', ··"· ... 1:5·";::?~ ',',: . AMENDMENT ...... ~ .... ,: ...... , ...... :. ::.:::: :.::: :~;~:::.:::.: :;::.:::~::: :.::.::: :~.~;:;; ::::,~;:::~,::,: ;.:;: ::·~:.1 ~ :,}.~£~~",., 7. THE AS.SOCIATION 16 7.1. 'THE ORGANIZATiON ....... : ....... , ............... ,.' .. .' .... ,; ................ , ... : ..... , .......... 16 7.2. COMMENCE~ENT OF ASSOCIATION' ............................................... : .... 16 7.3. INTERIM PERIOD: .............. '., ....................... , ................................. ,. ...... , ..... 16 7.4. POWERS AND DUTIES OF THEASS.OCIATION ................................... 1-6 8. MEMBERSHIP, VOTING"FIRST:ME~TING, 16 8.1. MEMBERSHIP IN G!=NERAL..; ... :.: .................•. ~ ............ ; ......... ; ................ 16 8.2. CLASSES OF VOTING RIGHTS ......... : .......•............................ ' ................ 17 . 8.2.1. : CLASS A .............. , ...•....... : ............................................. ; ..... ·.17 8.2.2... .C!-ASS B ................ :;· .. , ......... , ........ , ........... : ............................ '11' 8.3. COMMENCEMENT OF VOTING RIGHTS ... , ............ , ................. , ........... 17 8.4. APPROVAL OF MI;M!3ERS ............................................................... , ........ 17 8.4.1. VOTE OF MAJORITY. ' .. : ................ , ...................................... 18 8.4.2. WRITING: , ......... :~,., ... : ..•. , ...... : .. : ... : ... , ..... ,: ........ ; ... , .................. .-18 804.3. 8.4.3. COMBINATION· OF VOTES AND WRITING. : ............ 18 . 8.5. FIRST MEETING OF THE ASSOCIATION ............................................. 18 8.6. CLASS A MEMS'ERS' SELECTION OF ASSOCIATION DIRECTORS .... 18 8.1'. NO PERSONAL L1ABI~ITY OF BOARD MEMBERS ............................... 18 9. RIGHTS. POWER AND DUTIES OF ASSOCIATION AND BOARD 19 10. 9.1. - 9.2. 9.3. 9,04. 9.5. B.7. 9.8. SU'SPEND RIGHTS OF MEMBERS ...................................... , ... , ................ 19' DEDICAtE OR GRANT EASEMENTS .. : .................................................. 19 BORROW FUNDS ................... ; ........... , ....................... , ............... ", .... : ... , ..... 19 ,ASSESSM·ENTS .............. , ........ ' .............. ; .................................. : .............. ·20 RIGHT OF ENFORCEMENT; PENALTIES; NOTICE AND HEARING ..... 20 9.5.1, . ENFORCEMENT ACTIONS ....... :., ........................................ 20 9.5.2. PENALTIES AGAINST MEMBERS. : ............................. : ..... 20 .. , •• ~.', ...... 1':' '~ll" nl=~·ULAT',IONS' '. . '. ' .. 21 ~1of;:t,;.-!t\'to~.· ,'! ·~l}' ... ~_t.::J ."~ .,'.~ .~ •••• '.!.f ••••••••••••••••••• ,.;~ ••.•••••••••••••• ~,.•••••••••••••••• ~ ,-~\I .. ·~6·.J BY """SOCIATION', .' . ., '21 !..:.~ .:: t .... , I. 1:-\;;::;; ' •• ,; ••••.•• ; •••• :' ••••••••••••••• __ ;_ .................................... : ••. f.1>OWER OF:BOARD TO DEFINE AND INTERPRET .............................. 21 RIGHTS. OF OWNERS " ' 22 1Q,J. RIGHTS OF·OWNERS ....... : .................................................................... 22 10:2. RIGHT OF ACCESS AND USE; OF DWELLING ......................... : ........... 22 10.3. RIGHT TO THE USE OF COMMON AREA ............................................. 22 LA VERCIA Draft DECLARATION iii CITY DRAFT DEC.DOC i, 10.4 .. -:<' ,),~;'\1"" '.' '~';. ;... :'t. ,'~l:' 0; • Y', .... ~ ". 10:5 .... -NOTICE AND HEARING ..................................... ' .................................... 22 '. DELEGATION OF USE .. ' .~,:" '., ·::."::;;j"·i\:,"':;:.~'f'1;>'7-~~'".:':t':!:i .. ! ..... ·,·'!'."1!2>·~~"~'f,1ti~:.· .............. ' .............................................................. ~ 11. ASSESSMENTS 23 11.1. 11.2. 11.3. 11.4. 11.5. 11.6. 11.7. 11.8. 11.9. 11.10. 11.11. 11.12. 11.13. 11.14. 11.15. 11.16. 11.17. 11..18. 11.19. 11.20. 11.21. 11.22. 11.23. .... -.:---- 11.24. 11.25. LAVERCIA COVENANT FOR ASSESSMENTS .............. ; ...... · ... ~-... ~:;· .. :: .. t.<.;;.;~;:: .... :·, ... ·:23 .~ -:.'- FUNDS HELD IN TRUST .................. ' ........ ; ................. ; ... , ......... , .. ; ••. ; ......... 23 ;.'£:. _., PURPOSE OF ASSESSMENTS ............................................................. 24 REGULAR ASSESSMENTS ................................................................... 24 11.4.1. PAYMENT OF REGULAR ASSESSMENTS ....................... 24 11.4.2. BUDGETING ................... "' ................ , ................................... 24 RESTRICTIONS OF TAX EXEMPTION .................................................. 24 NON-WAIVER OF ASSESSMENTS ....................................................... 24 SPECIAL ASSESSMENTS ................... , ................................................. 25 CAPITAL IMPROVEMENT ASSESSMENT .................. ' ........................... 25 SINGLE BENEFIT ASSESSMENT .................................... : .............. : ...... 25 ENFORCEMENT ASSESSMENTS ......................................................... 26 UNIFORM RATE OF ASSESSMENT ...................................................... 26 EXCESSIVE ASSESSMENTS OR FEES ...................... .-......................... 26 COMMENCEMENT OF ASSESSMENTS; DUE DATES ......................... 27 NOTICE AND ASSESSMENT INSTALLMENT DUE DATES .............. : ... 27 FAILURE TO FIX ASSESSMENTS ......................................................... 27 LIMITATIONS ON ASSESSMENTS ........................................................ 27 NOTICE OF' ASSESSMENT INCREASE ................................................ 29 REDUCTION OR ABATEMENT OF REGULAR ASSESSMENTS ........... 29 ,NO OFFSETS ........................................................................................... 29 DELINQUENCIES; LATE PENALTIES; INTEREST ON ASSESSMENTS .............................................................................. , ...... 29 DEBT OF THE OWNER .......................................................................... 29 ASSOCIATION POLICIES AND PRACTICES RE: DEFAULTS .............. 29 11.22.1. ASSESSMENT DEFAULTS ................................................. 29 11.22.2. MONETARY PENALTIES AND FEES ................................. 30 11.23. COLLECTION OF ASSESSMENTS; LIENS ................................. 30 11.23.1. RIGHT TO ENFORCE ASSESSMENTS ............................. 30 11.23.2. NOTICE TO OWNER PRIOR TO LIEN OF . ASSESSM.ENT ................................................................... 30 11.23.3. LIEN OF ASSESSMENT ..................................................... 31 11.23.4. NOTICE TO OWNER AFTER LIEN OF ASSESSMENT ...... 31 11.23.5.. PAYMENTS UNDER PROTEST ......................................... 31 11.23.6. RE,LEASE OF-LIEN ... :: ':~. ~.' .. :~~:: .. ~.: ..... :~' ............................ 32 .,' t1 :23 .. 71. . .. ;L1EN ENFORCEMEN: i .. Oi·fb."L~,r:. ,_" '~l-:: ,-.:'-." .: PRGCE~DI~GS ............ " ... ~ ............... ; ............................. 32· ADDJTIONAL CHARGES· ......................................................................... 32 11.24. t. A nORN EY'S FEES ........... ; ............................................... 32 11.24.2. LATE CHARGES ................................................................ 32 11.24.3. COSTS OF SUIT ................................................................ 32 11.24.4. INTEREST .......................................................................... 33 11.24.5. OTHER ................................... : ............................ ' ...... , ........... 33 . PRIORITY OF THE LIEN ........................................................................ 3.3 Draft DECLARATION iv CITY DRAFT DEC.DOC ,. '1'0--' ,'-'1-... • 11 .,.\ ';. __ 11.26. 11.27. 11.28. , 11:29. 11.30. 1'1.31. WAIVER OF EXEMPtiONS .......... , ... , ...... ' .......... ' ..................................... 33 TAXATION AGAINST 'THE COMMoN' AREA:~~f<t~~~rJr~~'~'~";'" '-:'"33~1.~';''' PERSONAL LIABILITY OF OWNER: .. : ......... :::::::::::::::::::::::::::::::::::::::::: 33 TRANSFER OF CONDOMINIUM.,~ ........... : ... : ........ ~.:.;.;:.~; .. '.;.; .... ; ... : ........ ;·34··'·'/~, FINANCIAL ACCOUNTS., ..................................... ~ .......................... , ....... 34, USE OF RESERVE.:FUN.DS ..... , ...... , ..... , •..• ~~~~.~·:;~I;r;.'" •. :o; • .«;~;:(4~,;,;~? .••.. ,.,.<t.:34;,;~~:r~:"J,.-, • ~ .. -~'.~' .... -~-"'I-.~~~~~.~~'*',:;t!:-:-~ ... -~~ .... -," . -~.",~.~.:,~",",,_. • -':: :...,·'·,,:~'i.'·:....:~-~ . .t'; .:" . ..; ~:'&; .~-- . ~L';~1').'!t~ .. · ... ~> __ 12::.:.. __ -=U-=S.::.E..:..;R::.::,E~S..:..T:..:.RI~C;...:.T.:.;:IO~N.:.;::S:....-_______ .......... ..-;".;;...k _. '.....;,' ."!-' _" ...;.." _.>-. ....,;". ' ....... ....;;";...;.' ,_.:..:.34 .:;" 13. .. ' 12.1. USE OF CONDOMiNIUMS ....... ,.: ..... , ............. , ....................................... 34, 12.2'.' 'LEASE OF DWElLlNt3 ........................................................................... 35 ,12.3. 12.4. 12.5. 12.6. 12.7. 12.8. 12.9. 12.10. 12.11. 12.12 .. 12.13. 12:14. 12.15. 12.16. 12.17. 12.18. 12.19. 1.2:20. 12.21: .. 12.22. 12.2.1. REQUIREMENTS OF ALL LeASES ...... ' ....................... : ..... 35 1-2.2.2. . FAILURE OF TENANT TO COMPLY WITH PROJECT DOCUMENTS, ................... ; ......... , ...... , ................................ 35 INSURABILITY .. , ............................................................ ,~.;; ....................... 36' PETS ................ , ........ : ... , ............ , .............. , ............................................... 36 , INTERFERENCE OF OTHER OCCUPANTS ............. , ............................ 37 SiGNS ............... : ................... ' ................ , ........................ , ..... .-..................... 37 EXTERIOR LIGHTING, ................ ; ..... : .. , .......................... ; ...... , ................... 38· ANTENNAS, SATELLITE: DiSHES .......................................................... 38 , REMODELING THE COMMON AREA .................................................... 38 POST TENSION SLABS., ............. } ............. '; ............. , ....... , ........................ '38 OPFENSlvE ACTIVITIES AND CONDITIONS ........... : ............................. '39 GARBAGE AND REFU$E DISPOSAL. ... : ............ , ..... ;; ........................... 39 WOOD OR STORAGE PILES ................. : ... : ............................................ 39 FENCES; WALLS ....... ! ............................... ; .................................... : ...... 39, " CLOTHES LINE~ .. ,.: ................................................. , ....................... : ... ' .. 40- BALCONIES, YARDS, ENTRYWAYS ........... , ............................... : .......... 40 WINDOW COVE:RINGS .......................................................................... 40 'CAR MAINTENANCE AND POWER EQU,IPMENT ........... : ..................... 40 12.1-8.1. CAR MAINTENANCE. .... , ...... , ............ , ...... , ....................... , .. 40 '12.18.2. POWER EQUIPMENT. ....................................................... 40 USE OF ,COMMON-AREA ................ , ......... , ...................... , ...... '., ................. 4t EXCLUSIVE USE LICENSES ..... , ............................... , .......... ' ........ , ......... 41 LIABILITY FOR DAMAGE TO COMMON AREA. ............ , ........................ 42 INTERIOR OF CONDOMINIUMS; MODIFICATIONS; HANDICAPPED ACCESS ...... ,; .. ' ..... , ........... ; ................................................. ; ............ , .......... 42 12.23. MERGING UNITS .................... , ..................................... ; ... :: ....... : .............. 43 12.24. EXCLUSiVE USE COMMON AREAS ......... ,.,~ .............. , . ,."' ................ ~. ,43 12.25. 'VEHICLE Rf;STRICTiONS ........... ;; ............. ' .. ""'''. ~ .' " ,,;; .. ; .............. 44 :~~, >: .. ' , 1?~29d,. " .~: : P}~9H1BIT~D V~HIQLES' "',:: ~> •••• .,-~,~ • .' : ..................... '44 ,_ .. '= ..... ~ , . . .' ,.' -12.'2:$:2.' ,.:;'~·E$TRICTED V~tlIG~'~~ ....... ~ ..... ", ....... : ... ; ............... ,.:.:· ... 44 ' 12'~i5.3.' PERMITTEDVEHIC(ES.' ... _ ..... ~,. ~ •. : ................................... 44 12.26. 12.27. 12.28. ·1~~25.4., . C~ONSTRUCTION' AND SALES VEHICLES. ~ ...................... 44 PARKING SPACI;S, CARPORTS AND GA~AGE$ ................................ 45 TOWING., .......... ,~.:-.-.... , ...... , .... : ...... :., .... , ..................... , ....................... : ......... 45 LlABILlTY.FORDAMAGE TO COMMON AREA ..................................... 45 ,,',~:.f'~/~: ~ -,t:;:' ARCHITE.ctURAL AND DESIGN CONTROL. 46 LAVERCIA Draft DECL~RATION v CITY ORAFTOEC;OOC . ,~............. • ~1· ... o?l.... ,t. ': .. . : 14. 1-5. 13.1. 13.2. 13.3. 13.4 . 13.5. . ·13.6. 13.7. 13.8. 13.9. 13.10. 13.11. 13.12. 13.13. 13.14. 13.15. 13.16. 1.3.17. GENERAL ................................................ , .•................ : ..... , ........................ 46 ~ ',,,,,,, R ST CTEO ' . . . ., .. ,. ' ~ ~..,. ";'-.-.'<"'.+~ •.. , .• ~,.,..., ..... ~ '., ".;)!. 1"'.1l\,. .. E ·RI ACTIVITY ........................................................................ 46 PLAN SUBMISSION; REVIEW ............. ~ ................................................. 46 BOARD APPROVAL .......... : ........... :: .................. : .. : .......................... : ........ 47 APPROVED CONDITIONS ...................................................................... 47 EXEMPTED ·FROM REVIEW ,. r. ,." •• '. !. _ .7"0'': "" .-. ,~.,. ,'47,.,.;" ..•••.. , ......................... ' •• ! ••••• " •••••••.•• "! •••• ..,. •• ~ •• ~ ••••• ~ ••••.••••••• ,., t~l .. -~.· <' .. "" DUTIES ................................................... , ............. · ............ ~ .. ~ ..... :., .................... 48'.·,.:~.-~-:,: .. COMPENSATION ..................................................................................... 48 FEE FOR REVIEW. · ................................ i ............................................... 48 ARCHITECTURAL STANDARDS ...................... , .. " .............................. , ... 48 DESIGN CRITERIA ................................................................................... 49 VARIANCES ............................................................................................... 49 ESTOPPEL CERTIFICATE .............................................................. , ...... 49 LIABILITY ................................................................................................. 50 ENFORCEMENT ............................................ , ............ \ .......................... 50 NON-COMPLIANCE WITH LAWS ................................................ : ......... 50 APPROVAL BY GOVERNMENTAL JURiSDiCTION ............................... 50 RESPONSIBILITIES OF MAINTENANCE· 51 14.1. GENERAL ................................................................................................ 51 14.2. OWNER RESPONSIBILITY .................................................................... 51 14.3. OWNER RESPONSIBILITY OF EXCLUSIVE USE COMMON AREAS ... 51 14.4. DAMAGE FROM WITHIN A UNIT ........................................................... 52 14.5. OWNER'S FAILURE TO MAINTAIN; WILLFUL OR NEGLIGENT ACT ... 52 14.6. RESPONSIBILITY OF ASSOCiATION .................................................... 52 14.7. UTILITY FACILITIES: OWNER'S RIGHTS AND DUTIES ........................ 54 14.8. ASSOCIATION'S DUTIES REGARDING CERTAIN UTILITY FACiLITIES .............................................................................................. 54 14.9. ASSUMPTION OF MAINTENANCE OBLIGATIONS ............................... 55 14.10. PROPERTY MANAGEMENT ...... : ........................................................... 55 14.11. PROSPECTIVE MANAGING AGENTS ................................................... 55 14.12. LANDSCAPE MANAGEMENT .................................................................. 56 14.13. USE OF LICENSED CONTRACTORS; WORKFORCE; PERMITS ......... 56 INSURANCE 56 15.1. MASTER INSURANCE POLICY ............................................................. 56 15.1.1. ·FIRE HAZARD INSl}RANCE. ........................... ; .. : ............... 56 15.12: -.. -fPUaLlC LIABILITY !~~SURANCE. .... :·:.:..·., ..... ~ .... ; ...... :·; ... : .... ·.:57: ., .. ' . . 15 ... 1:3:: -DISHONEST ACTS.; FIDELITY BOND ..................... : .. ~ ....... 57 ' -1"5.1.4. WORKERS COMPt:Mf;A"fiON INSURANCE. ..................... 57 . 15.1.5. OTHER INSURANoe ............................................. : ..... ~ ..... ~ 57,. 15.1 :6: COVERAGE, AMOUNT AND TERM OF INSURANCE ....... 58 15.1.7. OWNER'S INSURANCE. .................................................... 58 15.1.8. FAILURE TO ACQUIRE: ...................................................... 59 15.1.9. INSPECTION OF POLICIES ............................................... 59 15.2. INSURANCE INFORMATION TO MEMBERS ......... ; ............................... 59 15.2.1. GENERAL LIABILITY POLICy ............................................ 59 LAVERCIA Draft DECLARATION vi CITY DRAFT DEC.DOC '. 15.2;2. DIRECTOR AND OFFICER LIABILITY COVERAGE. ......... 60 ... ' '~ , ;,,>' ~ ~:"',,":.. ..... y,-;;~ .. -¥ ...,.<~ .' . ;~~ ...... ~ . .-~ "'-.. 16. , DAMAGE ANO¥DESTRUC110N. . 60 . 18. . 19. 16.1. 16.2. 16.S. 16.4. 16.5. 16.6. 16.7. 16.8. .:. . 1-;. : .. \. ~ RESTORA liON DEF·INED ........ : ...................... :: .............................. : ......... 60 INSURED CASUALTY, ' '. . .-'~.~" .;;r. .... .""'" 60 ' .. : .. ,." SUFFICI~NT.PROCEEDS·.::::::::·::::~:~;~:;~::~.:~;:;~~;ij:~~:;~~;;::;:,:.;~4:e~~~~;:·::::;~:6_1~~~~~ 'INSUFFICIENT PROCEEDS ............................ ; .............................. : .... : .... 61 . 16.4.1. ADDITIONAL SPECIAL ASSESSMENT ..................... : ...... 61 '16.4.2. AlTERNATIVE RECONSTRUCTION .......................... ,; ...... 61 1,6.4.3., , PURCHASE OF UNITS OF AFFECTED OWNERS ............ 62 16.4:4. SALE OF ENTIRE PROJECT. ,., ....... ' ............. , ....................... 62 REBUILDING CONTRACT .................................................................. : ...... 66 RIGHT TO PARTITION ................ : ........... , ... , ... ;~ ....................................... 63 MINOR REPAIR AND RECONSTRUCTION .. .' ............. : .......................... 63 . BOARD'S ACTION ................ , ............................ : .......................... '.,., ....... 64 CONDEMNATION 64 .17.1. ASSOCIATION AS AtTORNEY IN FACT, ....... :: ................... : ................... 64 17.2. COND.EMNATIQN'OF A SEPARATE INTEREST ........... , ....................... '64 " 17.3. INTERIOR DA~AGE OFA UN!T. ... ' ..... , ............... , .................................. 65 17.4. CONDEMNATION AND INSURANCE PROCEEDS;: .......... : .................... 65 17.5. ARBITRATION IN RE: INSURANCE, :DAMAGE, DESTRUCTION, COND·I;:MNATION ...... , ........ : ..... , ........................ :.; ... " ... · ............................. ,.65 . RIGHTS OF LENDERS. 66 18.1. 18.2'. 18.3. 18.4. 18.5. 18.6.- 18.7. 18.8. 18.9. 18.10. 18.11. "18.12. 18.13. 18.14. 18.15. , GENERAL .............................. " .................. : .......... ,· .... · ......... ,.: .................... 66 NO RIGHT OF FIRST Ri=FUSAL. ............. : ............................................. 66 . .' UNPAID DUES OR OHARGES .......................................... , ................. · .... 66 -ACTION REQUIRING MORTGAGEE, APPROVAL. ............... , ................ 67 PAYMENT OF TAXES AND INSURANCE. , .............. , .. , ........ , .. , ............. ,67 PRIORITY OF PROCEED ORAWARD DiSTRIBUTION ................. : ....... 67 NOTIFICATION TO ELIGIBLE MORTGAGEE HOLDER ............... · .......... 68 AGREEMENT FOR MANAGEMENT ....................................................... 68 INSPECTION OF PROJECT DOCUMENTS, BOOKS AND RECORDS .. 68 NON-CURABLE BREACH·: ..................... , ....... , ........ ,i., ............................. 68 . LOAN TO FACILITATE. ........ , .. : ...... : ... ; ... , , .............. , ....... : .... :: ..... ;-;~,..: ...... :6~ . DOCUMENT-S· TO .BE MADE·A~AIL-%,t3.!~· ,".<~ ,~......:~ ......... _~"_~ •••• " .... , ..... 69· .. - . "M" O'R""''''''AGEES' Fl:J°'NIS" uING'1"'''''' J~;r~J:t~"'~;:'~' .,,~ .' .' 69-: ' ... . I~ . . .. ~ -PI .:: I.' "~ t'~ .. ~ .. ..N!-y;:~.r);.~~~~"_~J,~"'~ .... _,, .......... ...,.~,: .... <' .. ,,<; •• ;.:: ••• ~;... .' , -. -'\. ~~', I ~ ~ , , r~NANCIAL STATEMENT ..... : .... ; ... , .... , .:';~;f.::::~: . ,:,.,.; .... ; ...... : ........ ; ......... ~ ..... 69 'TERMINATIONWrrHOUT SUBSTAi\l"r!/~t.:~~HESTRUCTION ....... : ......... ; 69 CONDOMIN,IUM PLAN, AMENDMENT .70 1Q.t. AMENDMe.t:-JT SY ASSOCIATION .......................................... : ...... : ..... ;, .. 70 19.2. RESTRICTIONS ANO L1MITAIIONS ............................... ~ ................... ! ... 10 LAVERCIA Draft DECLARATION :vii CITY DRAFT DEC.POC, 20. 19~3. 19.4. -'·19.5. 19.6. 19.7. POWER 'OF A TIORNEY ......................................................................... 70 INDEMNIFICATION OF OWNERS ON EXERCISE OF POWER OF A TIORNEY ................... ' .................................... ' ..................................... 72 ENCUMBRANCES TO TAKE SUBJECT TO POWER OF ATTORNI:Y. '; 72,< EFFECT ON ASSESSMENTS LIENS ..................................................... 72 AMENDMENT 'BY DECLARANT .. , ......................................... ; .... -....... ~ .... ' .. -72, of ..... ;r, AMEND'MENTS ,72 20;1. PRIOR TO PUBLIC REPORT ................................................................. 72 20.2. AFTER PUBLIC REPORT; PRIOR TO FIRST LIVING UNIT CONVEYANCE ........................................................................................ 72 20.3. AFTER PUBLIC REPORT; AFTER CONVEYANCE OF FIRST UNIT ..... 73 20.4. AMENDMENTS FOR TECHNICAL ERRORS, CLARIFICATION AND CHANGES IN LAW ...................................................... : .......................... 74, 20.5. BUSINESS AND PROFESSIONS CODE SECTION 11018.7 ................. 74 20.6. ~ELlANCE ON AMENDMENTS .............................................................. 74 21. ENFORCEMENT; ARBITRATION; DECLARANT DISPUTES; MEDIATION; JUDICIAL REFERENCE; . REQUIREMENTS PRIOR TO CERTAIN LEGAL ACTIONS 75 21.1. RIGHT TO ENFORCE ...................... , ....................................................... 75 21.2. BOARD TO PROVIDE ANNUAL NOTICE TO MEMBERS OF PREFILING REQUIREMENTS bF CIVIL CODe SECTION 1354 ........... 75 21.3. NUISANCE .................................. , ........................................................... 75 21.4. FA-ILURE TO ENFORCE .......................................................................... 75 21.5. VIOLATION OF LAW .............................................................................. 76 21.6. ARBITRATION ................................... " .................................................... 76 21..7. PREVAILING PARTY .............................................................................. 76 21.8. DECLARANT DiSPUTES ......... " .................. , ............................................ 77 21.8.1. DECLARANT NOTiCE ........................................................ 77 21.8.2. RIGHT TO INSPECT AND RIGHT TO CORRECTIVE ACTION ............................. ; .................... : ........................... 77 21.8.3. MEDIATION ....................................................................... ,. 77 21.8.4. JUDICIAL REFERENCE. .................................................... 78 21.9. MEETING AND NOTICE TO MEMBERS PRIOR TO CERTAIN LEGAL ACTIONS BY THE BOARD .... , .................................................................. 80 21.9.1. DEFINITION OF "SIGNIFICANT LEGAL PROCEEDING." .. 81 21.9.2. INAPPLICABILITY OF PROVISIONS; POWER TO TAKE ACTION, .............................................................................. 82 21.10. PREREQUISITES TO ASSOCIATION'S ACTION(S) AGAINST DECLARANT AND OTHERS ................................................................... 82 21.11. ASSOCIATION CLAIMS ............................................................ : ............. 82 22. 22. GENERAL PROVISIONS 83 22.1. SEVERABILITY ....................................................................................... 83 LAVERCIA Draft DECLARATION viii CITYDR'AFT DEC.DOC •• .Q.o. 22.2, 22.3. ~.. ~.~, f.22.4 . . ' .-: /~:. ·22.5" . 22.6. 22.7. 22.8. 22.9. 22.10. 22.11. • EXTENSION OF DECLARATION ........................... ~ ..... , ......... : ................ 83 ~ l<-• ~ .... " ~ , .~ ~';-; ,~ • -• ANNEXATION ................................. " .. : .............. : ..... :.: .......... :.:.:::.:.:: ...... ' 83 , APPR?~~~·~~~~~t~9::~~· ·.:.:::l:~Z~~;:~;;~:.·::;·:.;~:S~:~m~f~~~~.;~::~~;\5~~F~;'!:::)~.~~,:~ .. -~~~~:TS.;:O;PROiS~ECT.IVE·~iJ~CHASER.SrEsropfjEC ................ 84· '. CERTIF~q~ T.~·· ... ·!~ •• ~.!·:~;.z .. :1;.;.!!·:··.···~i·~:·;·,.:···:!·.,,!~·,~,,~;,.·~,~.~,~,:.·:··:~·,~~1;.·"····· .• ···; . ..:r~~4~.:"'-. . NOTIFICATION OF SALE OR CQNVEYANCE .. ~.};:.~:~~l';.;-;:·:;:; .. ::.'; ..... ~;',.·:: ..... 85 . ',. -. EASEM~NTS RESERVED AND GRANTED ....................................... : ... 85 GOVERNING DOCUMENTS .................................................................. 85 SINGULAR INCLUDES PLURAL. ................... : ....... : ... : ............................. 85 LIBERAL CONSTRUCTION ..................................................................... 85 EXHIBIT "A" -LEGAL. DESCRiPTION ................................................. : .............................. 1 LAVERCIA Draft DECLARATION i~ CITY DRAFT DEC.DOC • e· ..,. :::~~. -~'tt-~"2 ":~'!-:, ~...,. THIS DECLARATION'is made' on the day'anet year hereinafter written by BAKER& FARAJZADEH, a General Partnership, hereinafter called "Declarant,'" with referenc~ to the;' following: . . 1. RECITALs 1.1. RECORD OWNER. BAKER & FARAJZADEH, a General Partnership, (the '''Record Own~r") is the' owner of the reClI property located in' the City of Carlsbad, County of S~n Diego, Stataof. California, more particularly described in Exhibit "A," attached hereto and 'by this reference made a part hereof ("Property',. '. 1.2. ESTABLISHMENT OF COMMON 'INTEREST DEVELOPMENT. The Property is a· "Common Interest Development" established pursuant to the provisions of the Davis-Stirling Common Interest Development Ar;t, more particularly described in California Civil Code Section 1351(f) as.·a "Condominium Project'" (the "project',). Declarant desires and intends to impose on the Property by this Declaration mutually beneficial . . restrictions, limitations, easements, assessments and liens under a comprehensive plan of improvement and development for the us.e and manag'ement of the Project as a residential Condominium project and commu[lity calledl.A VERCIA (the "Comml,mity"); and for the purpose of enhancing and protecting the value, desirability and attractiveness Of the Property for the benefit of all Owners and occupants ther:eof. . 1.3. DE'SCRIPTION OF PRO.)ECT. 1.3.1. , NUMBER OF UNITS. There are. five (5) residential dwellings within the Property; which are intended to be developed and conveyed as five (5) "Living Units'; in a sing.le .phase. 1.3.2. COMMON AREA. . In addition to the Living Units, the Condominium Project. will consist of i'Common Area," which includes (but :is not. limited to): aCo(ldominiurn auHding, elevator, fences, lighting, an '\~nd~rbuilding"· parking garage, recr~atibnal rOOJl.~f laundry room; __ • c motors .and ele~tric vehi~e·g.ate~walksways-and laDdst~ping. c .' --- _ A' ooneominium Plan has beenfilelj i£~·.{0mplianCe with Section 1351(e) of the California Civil Code on March 1:4, 1991 as Document No. 1991-011'3143 (the "Original Plan"), and concurrent with the recordation of this Declaration, Declar?ltn shallrecqrd a "First Amendment to Condominium Plan'for 'LA VERCIA' Condominium Pr9j~ct/' which shall amend the Original Plan to the extent described therein. Together, the Original Plan and LAVERCIA Draft DECLARATION 1 . CITYPRAFT DEC~OOC -------~~---------------.,.------------, the First Amended Plan shall be referred to herein as the "Condominium Plan" or "Plan." The Condominium Plan depicts the Living Units and their .appurtenant Exclusiv~ Use Common Areas contained therein. 1.3.4. ESTABLISHMENT OF ASSOCIATION. Declarant will cause or has caused the incorporation of the'l)~:!;< "-.. .~ VERCIA OWNERS ASSOCIATION, a California nonprofit mutual benefit corporation ("Association'" organized under the Nonprofit Mutual Benefit Corporation Law (California ' .. ~ Corporations Code Sections 7110 et seq.), for the purpose of exercising the powers and functions set forth herein. The Association shall act ·as the management body' for the Community, and shall be responsible for the operation, maintenance and control of the Common Area. By virtue of owning a Condominium in the Project, each Owner shall also have a membership in the Association, which membership shall be appurtenant to and pass with title to the Condominium. 1.4. CONDOMINIUM OWNERSHIP. Each Owner of a Condominium shall receive title to (i) a separate interest in space called a Living Unit, (ii) an appurtenant undivided one-fifth (1/Sth) fractional interest in the Common Area, (iii) the exclusive right to use any "Exclusive Use Common Area" appurtenant to such Owner's Living Unit, and (iv) a membership in the Association. 2. DECLARATION NOW, THEREFORE, Declarant hereby certifies and declares that all of the Property is, and shall be, held, conveyed, transferred, hypothecated, encumbered, leased,. rented, used, occupied and improved, subject to the limitations, covenants, conditions, restrictions and easements hereinafter set forth, all of which are for the purpose of uniformly enhanCing, maintaining and protecting the value, attractiveness and desirability of the Property, in furtherance of a geheral plan for the subdivision, protection, maintenance, improvement, sale and lease of the Property, or any portion thereof. All of the limitations, covenants, conditions, restrictions and easements set forth herein are equitable servitudes and shall run with the land and shall be binding upon all parties 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 Property and any interest therein; and shall inure to the benefit of and be binding upon Declarant, its successive owners and each Owner and his or her respective successors-in-· interest, and may be enforced by any Owner .or by tt:l~ Association. 3.' DEFINITIONS. 3.1. ARTICLES. "Articles" shall mean and refer to the Articles of Incorporation, including such amendments thereto as may from time to time be made. LAVERCIA Draft DECLARATION 2 CITY DRAFT DEC. DOC ·' 3.2. ASSOCIATION,; 'HOMEOWNERS ASSOCIATION • .- "Association" or "Homeowners Association!' shall mean" and refer to the, I;A ,";S;' -,~., • --. \ ~ ", , . yERC~~ OW~ER$ :,ASSOCIATION, ~a California. ,,110n~profi~:,<m.P~~,I~:.:e;q~t~:':9:9.mg~j!glJr~~·¥';,{ ',:',~, ' Incorporated unc;:ler the Non-Profit Mutual Benefit Laws of the State of California, 'Its' succesSors ' and assigns. " • ...t~ '. • "'o:~;1-~~_:'''!. ~ -" ~.~).;:. ':/~~'."': "," .:. :'~;;'t~"i: ~ ":~' ~ ~ J':""'~=i.~'.;~.~"1.!~'~~. 4~'~: ~ 3.3. BOARD. "Board" shall mean and, refer to tlie 'BoarGl of Directol"s of the Association. 3.4. BYLAWS. "Bylaws" shall mean and r.efer to the Bylaw~ of the A'ssociatibn; inc:luding stich amendments thereto as may from time to time be made" 3.5. CITY. "City" shall mean and refer to the City of Carlsbad, a mUnicipal corporation located in the County of San Diego State of California; , 3.6. COMMON AREA. "Common Area" shall mean and refer to all of the, real, property and all improvements thereon', except the separate intere~ts in space calied liVing' Units. The, Gommon Area shall be owned by the bwn~rsof Living ,Units as tenants-in-commonin equal share, one (1) foreach, Living Unit. ' , 3.7. COMMON EXPENSE AREAS. , "Common Expense Areas" shall mean and,refe." to ,$11 'pgrtions of the Project of which the cost and expense of maintenance, .repair,and replacement is the .responsibility of the ASSOCiation, and shall include,'but not be limited'to, the following:, (a) all Common Atea exc~pt the Exclusive, Use Common Area for which JndividualOwnersare responsible, ,(b) tbose portions of a: Unit that are designated by this Declaration as the responsibility of the Association, (e) such other improvements or property Jtomtime to, time deSignated ,by the Board ,as' a maintenance, repair or replacement responsibility of the Association, 3.8., EXPENSES. '''Comm:,)!l Expenses" shall mean and -refer to the actual and estim~ted costs and expenses ir<",!!'Tp.d ('r 1.0 l,.'~ hir;urredby the Association, including, but not limited to: ' . (a) Maintenance, ma.nagement, operation, r$pair and replacement of the Common E'~f.l0;ISe Areas; (b ) Costs and ~,xpenses' nbtp~id by the Owner responsible for payment,. when such costs and expenses are paid by the Association; ". ';:;" LA VERCIA Draft DECLARATION 3 , , CITY DRAFT .DEC;DOC • (c) Maintenance by the Association of areas within the public right-of-way of J public streets in the vicinity of the Community as provided in tbis Declaration or pursuant to"" .' agreements with the City or County, if an.Y; • " -I'~ ~;': ; ·tX:;~ t;,!J:.~~~~~:?,"':A ::i:v~\~ , , (d) Costs of management and administration of the Association, including;'-:' but not limited to, compensation paid by the ASSOCiation to managers, acco~l}tants,atto!1]~y$" .,< 'L-; $;- . and employees; , . ",'.' ". , ~ • ',' .. -:. .1"t'o· ... """:~t ..... ~~~. (e) Costs and expense of leasing, owning, maintaining any vehicles for the use of the Members or employees, including insurance and reserves for replacement thereof; (f) Costs of utilities, trash pickup and disposal, gardening and other services benefiting the Owners and their property to the extent such services are paid for by the Association; . (g) The costs of fire, casualty, liability, worker's compensation and other insurance covering the Common Area or other property owned by the Association; (h) The costs of any other insurance obtained by the Association pursuant to the prOVisions of this Declaration; (i) Reasonable reserves as deemed appropriate by the Board; 0) The costs of bonding of the Members of the Board or its delegated committees, any professional managing agent or any other person handling the funds of the Association; (k) Taxes paid by the Association; (I) AmQunts paid by the Association for the discharge of any lien or encumbrance levied against the Common Area or. portions thereof; (m) Costs incurred by the Board or any of its delegated committees; (n) The costs of any other item or items designated by, or in accordance'with, other expenses incurred by the Association for any reason whatsoever in connection with the operation or maintenance of the Common Expense Areas, or in furtherance of the purposes or the discharge of any obligation imposed on the Association by this Declaration or other Project Documents. 3.9. COMMUNITY. "Community" shaJL me.an and. refer to all of the Property.whichioj from ·time to time, subject to this Declaration. 3.10. CONDOMINIUM. "Condominium" shall mean and refer to an estate in the Condominium Property, or portions thereof, as defined in California Civil Code Section 1351(f), and shall consist of an LAVERCIA Draft DECLARATION 4 CITY DRAFT DEC.DOC undivided interest as tenant-if"!-common in the portion of teal: property coupled with asepar'(ite interest in space called a Living -Unit, together with any Exclusive Use Coril'mon -Area appurtenant thereto. 3.11. CONDOMINIUM BUILDING. Property. "Condominium Building" shall mean any bt,Jilc,fjng struttu're 16~ted oh'·tti.t~:~~~~~ 3.12. CONDOMINIUM DOCUMENTS ANDIOR PROJECT DOCUME~TS. "Condominium Documents and/or Project Documents" means and inclLJdesthis Declaration and any Exhibits attached hereto, any Suppl~mentary DeclarationorOeclaration of Annexation, the Condominium Plan, Articles of Incorporation, Bylaws, and any Rules and, Regulations established from -·time to time by the Board __ or any Committ~e of the Board, including any amendments to the 'aforedescribed documents· as may from time to time be' made~ 3.13. CONDOMINIUM-PLAN. "Condominium Plan" shall mean and refer to a plan,a,$ it may from time to time be amended, consi$ting of (a) a description or survey map of the project which shall refer to or show monumentation on the ground, (b) a three-dimenSional description of the Project, as built or to be built;, one or more dimen,sions of which may extend for an indefinite distance-,upwards or downwards, 'in sufficient detail, to identify the cqmmOR areas and each separate interest, and (c.) a certificate consenting to the recordatiqn of the condominium 'plan pursuant to California Civil Code Section 1351 (e), ,Signed and acknowledged by the record owner of fee title to the Property included in the Project. 3.14. COUNTY. "County" shall mean anq refer to the County of San Diego, California. 3.15. DECLARANT. "Declarant" shall mean and refer to .a~KER & FARAJZADEH, a General Partnership its successors and aSsigns, if such,s'uccessors or assigns acquire any or all of the Declarant's intere$t in 'the Property for the purpose of .development orsa.le. A sucCessor _ Declarant shall-also be deemed to include' the beneficiary under any deed"of lrust~ecunng an obligation from a then existing Declarant-encumbering al! or any portion ,of the Property, Which beneficiary has acquired any such property by foreclosure, power of sale or deed in lieu' of such foreclosur> I" 1.,:~!e. . . -,'_, -'O;::claration" shall mean and refer to'thi$ Decl'aration, recorded with the Office of ' the County f{eeqrder of San Diego County, California, covering theProperiy, including such amenqments thereto as may from time to time be recorded:' :;~." ,.'~ LAVERCIA Draft-DECLARATION 5 CITY DRAFT DEC. DOC 3.17. DEPARTMENT OF REAL ESTATE; ORE. . ", ~ . "Department of Real Estate" and/or "DRE" shall mean and refer to the Department of Real Est~te in the Business and Transportation Agengyof tiJe State otCalifomia:'~~ United States of America 3.18. DWELLING; RESIDENCE. "Dwelling" or "Residence" shall me'an a Unit,' together' with any' Exclusive" 'Use" ~ Common Area appurtenant thereto, as shown on the Condominium Plan, that is used ,for private, single family residential purposes. 3.19. ELIGIBLE iNSURER, GUARANTOR. "Eligible Insurer" and "Eligible GUarantor" shall mean and refer to an insurer or governmental guarantor who has provided a written request to the Homeowners Associatior,'l, to be notified of those matters which such holder is entitled to noticeqf by reason c;>f this Declaration or the Bylaws of the Association. ' 3.20. ELIGIBLE MORTGAGE HOLDER. "Eligible Mortgage Holder" shall mean and refer to the holder of a first mortgage ,or deed of trust on a Condominium, who has provided a written request to the Homeowners Association, to be notified of those matters which such holder is entitled to notice of by reason of this Declaration or the Bylaws of the Association. Such notice must contain the Condominium number or the street address of the secured Condominium. 3.21. EMERGENCY. "Emergency" is an unforeseen occurrence or condition calling for immediate action to avert imminent danger to life, health,or property. 3.22. EXCLUSIVE USE COMMON AREA. "Exclusive Use Common Area" shall mean and refer to those portions of the Common Area to which an exclusive right to use is granted. to an Owner of a Separate Interest in space called a Living Unit and is appurtenant and assigned to that Living. Exclusive Use Common ArE~a s are shown on the Condominium Plan by alpha-numerical designations ,as follows: "P" denoting Patio Exclusive Use Common Area "Y" denoting Yard Exclusive Use CommQiI ,I\r'~~o:"c "G" c;fen,oting ,Garage Exclusive Use Cor"Hf") 1~ ,', ... " PATIO. Each Patio Exclusive Use Common Area is depicted on 'the Condominium Plan by Living Unit number immediately followed by the alpha-letter deSignation "P." Each such Balcony Exclusive Use Common Area is appurtenant (that is, "belongs to') the Living Unit so numbered. LAVERCIA Draft DECLARATION 6 CITY DRAFT DEC.DOC 3.22.2. YARD. Each Yard Exclusiv~ Use Common Area is depicted on the Con90!"iniu"! Plan by ~itii~g ynit n~II.n~~r<~:f!1m!g!~t~~y, (01l<?~~.9 P~JtJ~~lp9a:le~~Lq~~l9!!ljR~~t-i',~';:~",,~ " ''Y.'' Each such Yard Exclusive Use· ~ommon Area IS appurtenant (that IS, "be/ongs"to') ·the !,"<', . Living Unit so number~d, GARAGE. . ',Each ·Garage Exclusive Use Common Area is depicted on the Condominium PI~n by Living 'Unit number'immediately followed by the alpha-letter designation "G." Each such Yard Exdusive Use Common Area is appurtenant (that is, libe/ongs to" the Living Unit so numbered. . 3.23. FHA. "FHA" shall mean and refer to the Federal HOl,lsing Administration of the Uniteq States Department of Housing,and Urban Development, including any successors thereto. 3.24. FHLMC. "FHLMC" shall mean and refer to the Federal Home Loan Mortga.ge Corporation; , .' . 3.25 .. ,FIRST 'MORTGAGE. . "First Mortgage" shall mean and refer to a Mortgagee which has, priority Ulider the recording statutes of the State of Galifomia·over all other Mortgagesencumbeting a specific Condominium in the Project. 3.26. FIRST MORTGAGEE. "First Mortgagee" shall'mean and refer to the Mortgagee of a First Mortgage. 3.27. FNMA. "FNMA" shall mean ~nd refer to the Federal National Mortgage Association. 3~28. FIRST MORTGAGE. "First Mortgage" shall mean and refer to a First Deed of Trust as well as a F=irst. Mortgage. A • :. (~-;;:. • .,:'t 3.29. IMPROVEMENT. _;.-.~.::-: :".'.~.' '.::~; "?::::~' .. -:'_:. 4 ........ r-_ .~. -;:-:: ... ,_. "Improvement" shall .mean and refer to all structures and api, ~:rt)i.\I';-;'?iF.<1.-,.es thereto of every type and kind, including, but not limited to, buildings, outbuiidingZl, ~&-dditiQns, ,patio covers, awnings, paintings of any exterior surfaces. of any structure, walkways, parking garage, driveways, fences, screening retaining walls, stairs, landscaping, sprinkler pipes heads, . hedges, windbreaks, natural or artificial trees, shrubs and flowers, poles, masts, antennas, LAVERCIA Draft DECLARATION ., CITY DRAFT DEC. DOC , f;.' , ----------------. exterior air conditioning, water. softener fixtures or equipment, street furniture, benc~es, sign~,. including entry monument signs and Community directional signs. . tz,.. -;..' . 1 3.30. . INSTITUTIONAL MORTGAGEE. "Institutional Mortgagee" shall mean and refer t9 a First Mortg~gee,~hich i~ (a)!."r:'8>";""r- baQk •. .savings and loan association, in,sur~~ce o,r !1'.l0~gage,cPJn~~n¥l~.r.Qt9~rt~n\~·~r in~ti~~l.~\~~:..,j, r chartered under federal and/or $tate law; (b) an ;Insurer or govemmental g\Jar~ntor Of a"\"'Fltsf ,,' ~ Mortgage; (e) any Federal or state agency; (d) the State of Califomia as the vendor under an installment land sales contract covering a Condominium; or (e) any other institution specified by the Board in a recorded instrument, who is the Mortgage.e of a Mortgage or the beneficiary of a Deed of Trust encumbering a Condominium. 3.31. INVITEE. I "Invitee" shall mean and refer to any person whose presence within the Project is approved by or is at the request of a particular Owner, including, but not limited to, lessees, tenants and the family, guests, employees, licensees or invitees of Owners, tenants or lessees. 3.32. LIVING UNIT, UNIT, CONDOMINIUM UNIT; LIVING AREA. Living Unit, Unit, Condominium Unit or Living Area" shall mean and refer: to the residential separate interests in space in the Condominium Project which ate ,r:lot owned in common with the other Owners of other separate interests .in the Project. Living Units are shown and described on the Condominium Plan by the numerical designation of the Living Unit followed by the alpha-letter "A." 3.33. MAINTENANCE AGREEMENT. "Maintenance Agreement" shall mean and refer to any agreement between the Association and Declarant, in which Declarant agrees and. is obligated to perform or cause to be performed maintenance of the Common Area for a certain period of time following the conveyance of the first Living Unit in the Project to a Retail Buyer. 3.34. MAP; SUBDIVISION MAP. "Map" or "Subdivision Map" shall mean and refer to that certain Subdivision Map filed in Office of the County Recorder of San Diego County, as more particularly described in Exhibit CIA." MEMBER. ,"Member" .shall;.mean _ and .. , refer-to a pemHI! ~ ~n~it.lf.fd t~ membe,rship "iii the ~ Association as provided herein. 3.36. MORTGAGE. "Mortgage"shall mean and refer to a deed of trust as well as a mortgage. LAVERCIA Draft DECLARATION 8 CITY DRAFT DEC.DOC 3.37. MORTGAGEE. "Mortgagee" sh,all mean and refer, to a beneficiary or a bolder of a deed of trust as well as a mortgagee. " . ~~:':"<: ",' 3.38. mortgagor. 3.39. , OWNER. "Own~r" shall' mean and, reft?r to' the, ,record Owner" Whether ohe (1) or more persons or enti~ies, of Jee 'simple title to a, Condominium. The term "Owner"shall include a seller under an executory contract of sale, but shall exclude Mortgagees. 3.40. PERSON. , "Person" shall mean a natural indiyidual, a corporation or ahy other entity with the legal right to hold title· to real:Pfoperty. " ' , 3.41. PROJECT;'CONDOMINI~M PROJECT. "Project" or "Condominium Project" shall mean ~nd refer to that certain real property described in Exhibit "A" herein. 3.42. PROPERTY. "Property" shall mean and refer to triat certairi real property located in San Diego County, California, more partiGuiarly descripedin~xhibit "A" hereto. ' _ • J \ ", ' 3.43. PUBLIC REPORT~ :"Publlc' Report" shall mean and r~fer to -the -Final Subdivision Public Report issued by the California Department of Real' Estate covering tlie Project. 3.44. RETAIL BUYER. , "Retail Buyer" shall, mean ahd refer to a Person who purchases a Condominium from Declaran't under the authority of a Public Report for purpos'es of ownership ,and use I .thereof. A, Retail Buyer shall not include a "pets'on;", "builder" or 'ideveloper" as described in . ' ",eith'9LJ),alifomia,Bl:Isi~ss .~nd ProfeSSions Code' Section,=Settitms' f'1 GOO. tQ:~)(2r;pr'1 t~~fj":'fJ,,:6, -at ':may fro.m time to time be arnel1ded: " ' , " ", . . 3.45. , RULES., ," ..... "~: " :, "Hules" shall mean and refer -to any rlJles 'or regulations adopted by the Associati<l)n or'its B,?ard pursuant to this Declaration . . , LAVERCIA DrQft DECLARATION 9 CITY DRA,FT DEC.DOC -. 3.46. SEPARATE It-!TERE;ST. "Separate Interesr shall mean and refer to a "Unir separate interest in space as " . defined in Civil Code Section 1351(1), which is herein also defined as a "Living Unit,", "Condominium Unit" or "Living Area." ..• 3.47. VA. "VA" shall mean and refer to the U.S. Department of Veterans Affairs, including any successors thereto 4. OWNERSHIP 4.1. OWNERSHIP OF CONDOMINIUMS. Each Condominium in the Project shall be conveyed an Owner. Ownership Of a Condominium shall include: (1) fee simple title to a separate interest in space called a "Living Unit, " (2) an appurtenant undivided one-fifth (1/Sth) fractional interest as tenant-.in-common in the "Common Area," (3) the exclusive right to use any "Exclusive Use Common Area" appurtenant to such Owner's Living Unit as described in this Declaration and the deed to the Condominium, and (4) a membership in the Association. 4.2. NO SEPARATION OF INTERESTS. No Owner may sell, assign, lease or convey his undivided fractional interest as tenant in common in the Common Area separate and apart from his Living Unit, nor any portion of, or appurtenance to his Living Unit apart from the entire Living Unit. Anything in the Article herein entitled AMENDMENTS to the contrary notwithstanding, this Article shall not be amended, modified or rescinded until Declarant has conveyed title to the last Condominium in the Project to a Retail Buyer or other Person, without (a) the prior written consent of Declarant, and (b) the recording of said-written consent in the Office of the County Recorder. 4.3. PARTITION. Each of the Owners of a Condominium, whether such ownership is in fee ·simple or as a tenant-in-common, is hereby prohibited from partitioning or in any other way severing or separating such ownership from any of ·the other oWherships in the Condominium Property, except upon the showing that such partition is consistent with the requirements of California Civil. Code Section 1359. .' . . . ---. .. -. --.~. ~. • • .. _ • .=..-..' • -_. • ~ --.. '-~ --• • • ~ • '- . ....... ....... -. , . , 4.4. ,._' -'.,' POWER OF A TIORNEY.' . ~ '. .... ,.:' .. --:', ~..... -. .' . ~ . The' Association is hereby granted an irrevo,eable power of attorney' to sell the Condominium ""roperty for the bEmefit of all the Owners thereof when partition of the' Owners' interests in said Condominium Property may be had pursuant to the Article entitled "Damage or Destruction; Condemnation" or the Section entitled "Partition" hereinabove. The power of attorney herein granted may be exercised upon the vote or written consent of Owners holding an aggregate of sixty-seven percent (67%) of the interest in the Common Area by any two (2) LA VERCIA Draft DECLARATION 10 CITY DRAFT PEC.DOC . .~ .~ _." ".~"- Members . of the Bo~rd who are hereby authorized on behalf of.the Association to reCQr~;~',1[;"":"";_:,,.;.:; _ certificate of eXerCise in the Office of the County Recorder, which Certificate snail be conClusive' . , evidence thereof in Javor of any ·person relying thereon in good 'faith. . . " : I ':f:<' .'\,;.-.... ·5. . EASEMENTS· The ownership interests in th~CondominiLims described in the Article above entitled 'OWNERSHIP are subject to the easements grante<;:l and reserved' in this Dedarati'on. Each of the easements reserved o't granted herein .shall be deemed ·to be e~tablished upon. the recordation of this Declaration and sh~1I the'nceforth be deemed to be covenants nmnil1g with the rand for the use and benefit of the Owners and their Condominiums superior t9 all' oth~J . encumbrances applied against or :in:favor of any 'portion of the Project. Individual grant deeds to Cqndominiums may, but shall not be r~quired to set forth th~ easements specified in this Article. , '. , " • ,., • + .' 5.1. .NON-EXCLUSIVE .EASEMENTSFOR COMM.ON AREAS .. Subject to the provisions .ot-this Declaration,' every Member of the Association shall have, for himself or herself, and such Member'.s Invitees, a non-exclusive easem~nt of access, ingress, egress, use and enjoyment of, in, to' and over the -Common Area; 'and such easement shall be appurtenant to and shall pass v.'ith title to every Condominium in theprqject, subject to the rights and restrictions set forth below. . . 5.2. PERFORM ASSOCIATION FUNCTIONS. There is hereby reserved· .by Declarant for the benefit of Declarant, its suCcessors and assigns, ·and its duly authorized agents and' representatives, and' granted to the Association, and its duly' .authorized 'agents and representatives, ·such easements as are necessary to perform the d~ties arid obligations of thelDeclarant and/Qr the Associations, as the case may be, as are set forth in this Declaration and the other Pr:oject Documents; including the Association Rules and/or. ArchiteCtural Standards,. for performing installation, repair, and maintenance of electric; telephone,' 'water, gas, and sanitary sewer' lines and facilities, cable' or master television 'antennalines, drainage facilities, walkways, and landscaping pl;Jrsuant to the terms of this Deciaration and the other Project Documents. Subject to a 'concomitant obligation to restore, Declarant and its sales agents, employees and independent contractors shall also hC!ve,the easements described in the Article herein entitled DE:VELOPMENT RIGHTS. 5.3. ASSOCIATION' GRANT OF 'E~SEMENtS TO THIRD:,PARTIES. The ·Associatio." . u,: .:. ~1t~n: '{;c Jj:·iZ:, .. Ki,.,;!rJJ!;'i$~ . easements in,' on;--'and over the Common Area for the purpO$ti::' c·f ~t)~~:th"t. ttl':l :;lB't~~img,,:tfepairihg or maintaining ·tle~·ssary utilities and services to the 'Pr;*¢cf.5F::r'f.~~f,;:;~:d."1 or i'T10re-thali one Living Unit, and ea~h Owner, in accepting a deed to l~;s~: ~:;bti!,}.~~1iniuni, expressly consents to the' granting of such easement(s); provided,' how~vel, .:;6 such easement may .be gralited if it would interfere with any exclusive easemeni' over the Common Area, or with any Owner's use, occupancy, .or enjoym'ent of his Condominium. - LA VERCIA Draft OECLARATION 11 'CITY D'RAFT (,)E-e.DOC - - - -------------------------, 5.4. OWNERS' RIGHTS, DUTIES AND EASEMENTS FOR UTILITIES. Whenever utility facilities (plumbing, heating, electrical and other utility systems) are installed within the Project, or any portion thereof, lie in, upon or over a Unit or Units owned by other than the Owner of the Unit served by said utility facilities, the Owner of any such Unit ' served by said utility facilities shall have the right of reasonable access for themselves, for Lttlljty ... ,;, r.epairmen, for utility companies or the City to repair, replace, and generally maintain said utility facilities as and when the same may be ne'cessary. A Unit Owner shall be entitled to reasonable access to the Common Area for the purpose of maintaining internal and external telephone and cable TV wiring servicing such Owner's Unit. The access shall be subject to the consent of the Board or its delegated committee, whose approval shall not be unreasonably withheld, and which may include such approval of telephone or cable TV wiring upon exterior Common Areas in the Project, and other conditions as the Board. Whenever utility facilities are installed within the Project which serve more than one (1) Unit, the Owner of each Unit served.by the utility facilities shall be entitled to the full use and enjoyment of such portions of the utility facilities as service his Unit. In the event of a dispute between Owners with respect to the repair or rebuilding of the utility facilities, or with respect to the sharing of the cost thereof, then, upon written request to the Association by one (1) of such Owners, the matter shall be submitted to arbitration pursuant to the provisions therefor contained in Section 21.6 herein entitled "Arbitration, II and the decision of the Arbitrator(s) shall be final, conclusive and binding on the parties. 5.5. ENCROACHMENT. There are hereby reserved and granted for thE;! benefit of each Condominium Unit, as dominant tenement, over, unqer and across each other Condominium Unit and the Common Area, ,as servient'tenements, and for the benefit of the Common Area, as dominant tenement, over, under and across each Condominium Unit, as servient tenement, non-exclusive easements for encroachment, support, occup~ncy and use of such portions of Condominium Units and Common Area as are encroached upon, used and occupied by th~ dominant tenement as a result of any original construction design, accretion, erosion, addition, deterioration, decay, errors in original construction, movement, settlement, shifting or subsidence of any building, structure, or other improvements or any portion thereof, or any other cause. In the event aoy portion of the Project is partially or totally destroyed, the encroachment easement shall exist for any replacement structure which is rebuilt pursuant to the original construction design. The easement for the maintenance of the encroaching .improvement shall exist for as long as the encroachment exists; provided, however; that no valid easement of encroachment shall ,be created due to the willful misconduct of the Association or any Owner. Any easement of encroachrl;'l.11t may tlvt nf I":)d n('lt be cured by repair'and,restoration of 'the structure. ' " DECLARANT"?}' i~,jON-EXCLUSIVE, EASEMENTS. Subject to a concomitant obligation to restore, Declarant and its sales agents, employees and independent contractors shall have the easements described in the .Article herein entitled DEVELOPMENT RIGHTS. LA VERCIA Draft DECLARATION 12 CITY DRAFT DEC. DOC , ·1 5.7. DECLARATION SUBJECT TO, EASEMENTS. Notwithstanding anything herein expressly or irnpliediy to the contrary, thi$ , 'I Declatation shall be subject to all easements theretofore or flereaftergrantedby Deciaral1tfor:,';i":::-;{;~~', " the installation and maintenance of utilities and drainage fadlitiestbat a're necessary for the ' P~oj~ct: '.. ',_ ,. ' : < ,', ,c.: \!.. ,;,~.":~n .. :r.!i~:Y~t.?!'~!>''l:_,~ .• -• ~~~~ti:. • ':.. .~;'~ ~_ . 6.. ,DEVelOPMENT RIGHTS 6.1. LIMITATION OF RESTRICTIONS. Declarant is . undertaking the work of developing Condomitii~ms and otf;'ter Improvements within the Project. The completion of that work and the marketing, sale, rental and other disposition of the Condominiums is essential to the :establishment and welfare ,of the, Property as a residential community. In order th~t said work may be completed and $aid Project Property be established as a fully occupied residential community as rapidly as pOSSible, nothing in this Declaration shall be interpreted to deny Declarant the rights' set forth in this Article. ' 6.2. RIGHTS OF ACCESS AND COMPLETION OF IMPROVEMENTS. ,Until (a) all the Condominiums in the Project are sold and GOnveyed by Declarant to Retail Buyers or other Persons, Of, (b) 'three (3) years following the date of conveyance of the first Condominium in the Project to a Retail Buyer under the authority of a, Public Report, whichever shall first OCCl;Irs, Declarant, its contractors· and subcontractors shall have the rights set forth be,low. 6.2.1. COMMON AREA ACCESS. Declarant, its contractors and subcontractors shall, have' .the right to obtain reasonable access over and across th,e ·Common Are,a of th~ PrOject or do within any , Condominiym owned by it whc;ltever is reasonably nece,ssary or advisable in connection with the completion of the Project and th.e marketing and maintenance thereof. ,6.2.2. TEMPORARY eXCLUSIVE EASEMENT(S) FOR COMPLETION .oF IMPROVEMENTS. DeClar~nt hereby reserves" for the benefit of Declarant and its agent§, ,contr~ctorsc ..and el.llployee~ 9ncl other r.f':TSOrlS· '~utho{it~9 by Declarant, the right to "::.' establish~.a.n-exclusiv.e.;.easemeni '"vet C:ine.ol :i:r!c!~e.'j)orti6ns·~ of the, Comlilon Are~, ih. whi<;:ti cQn~loru~ctivities :bave nofb::;{;l1 q:jmpleiet~(~he-"Con.struction -Area'1." this 'may iOGluda, .. but;:nor ,be.: limited to', complE."~tlon'ci;' hnodZ?c~pe installation ~.a,ng, 'main"fenan~, ,painting Of CondQminium Buildings, and .such 0~h/ ' ~';.<mstructipn and development ~ctivities the Completion of which either (a) may not fall under.any formal' evJdence of c6mpletiort such 'as the recordation of a Notice of Completion, or (b) may not be included or applicable under, or reqL!ired by' a 'performance bond pursuant to California Code of Regulati"ons Section' '2792.4. Notwithstanding anything to the contrary, s~~ forth in this Decfaration, Declarant, and not the Association, shall be responsible for maintaining thOSe areas where such construction activities , ' , LAVERCIA Draft DECLARATION 13 CITY DRAFT DEC. DOC I , ;},IF;{t,}~ "~ .... • take place. Such easement shall be an exclusive easement in favor of Declarant and shall include the right of ingress and egress over; under, upon and across such Construction Area, together with the right of Declarant to deny access to any Owner or any Owner's Invitees ~y fencing, restricting or any other reasonable method prior to completion of the construction~-i" ': activities within such Construction Area. 6.2.3. CONSTRUCTION IMPROVEMENTS. Declarant, -its contractors and subcontractors shall have an easement and right to erect, construct and maintain on the Common Area of the Project or within any Condominium owned by it, such structures or improvements, including, but not limited to, sales. offices, flags, balloons, banners and signs, as may be reasonably necessary for the conduct of its business to complete the work, establish the Project as a residential community and dispose of the Condominiums by sale, lease or otherwise, as determined by Declarant in its sole discretion and to perform or complete any work to improvements req~ired for Declarant to -obtain a release of any bonds posted by Declarant with the City. 6.2.4. GRANT EASEMENTS. Declarant, its contractors and subcontractors shall have the right to establish and/or grant over and across the Common Area such easements and rights of way pn, over, under or across all or any part thereof to or for the benefit of the State of California, the City, or any other political subdivision or public organization, any public utility entity, cable or other television signal provider, or any online computer. access provider, for the purpose of constructing, erecting,operating and maintaining facilities and improvements thereon, therein or thereunder at that time or at any time in the future, including: (a) poles, wires and conduits for transmission of electricity, providing telephone, television or online computer services and for the necessary attachments in connection therewith, and (b) public and private sewers, sewage disposal systems, stor.m water drains, land drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes and any and all equipment in connection therewith. The Common Area shall be subject to any dedication stated in the Subdivision Map for the Project of an easement for public use for installation, maintenance and operation of facilities for public -utilities over all or any part of the Common Area. Said public utilities easement over the Common Area shall inure and run to all franchised utility companies and to the City and shall include the right of ingress and egress over the Common Area by vehicles of the City and such utility companies to properly install, maintain, repair, replace and otherwise service such utility facilities. The grant of said public utility easement shall not be interpreted to imply any obligation or responsibility of any such utility company or the City for maintenance or operation of any of the Common Area or the facilities located thereon or the repair, replacement or reconstruction thereof except ,as occasioned by such utility companies, tl')e. City of thelltiHty facilities for which they are responsible. The Common Area shall also be subject to any easeme,nts granted by Declarant to any public or private .. entity for cellutar, cable, computer or other similar transmission 'lines. Except for lawful and proper fences, structures and facilities placed upon the Common Area by utility companies, the Common Area subject to the public utility easement shall be kept open and free from buildings and structures. The City and the County, furthermore, are granted an easement across the Common Area for ingress and egress for use by emergency vehicles of the City and County. LAVERCIA Draft DECLARATION 14 CITY DRAFT DEC. DOC 6.2.5. SIZE AND APPEARANCE OF PRO~E9T. , D~clarant sh~1I not bepreventec:l from.' inc(easing or decreasing the number of ,Co~dominium Units '!ha~ may"p~rsua~t t~: ~~J)L()",i~ions,,?f ,~!1!~~~: 2~:3!'0~\tV:i~~:. ~,' annexed to the Project or from chsmglng tt:te 'extenor appearance"of tHe; Condomlnlllm:8ulldlngs'{ .. <;",·~,·- or any other Common Area structures, the landscaping or any other improvement or ma!t~r: 't,., , ,girect!.¥ '?~. Lr;j'~irectly <;o~~~cted ~!~h-tt1e ~roject JI) jlJ:!Y, O'J~Qn~rJlee!:l1e,~;.q!~r.~l?le,!>y~.p.~tcl~~~Q(i!~/.: c}., "';." , Declarant 'obtains such governmental consents'therefor as maybe required ,by law. 6.3. MARKETING RIGHTS. 6.3.1. GENERAL RIGHTS. Subject to the ,limitations of this Oeclaration, Declarant shall have the right to: , I (a) Maintain model ,homes; sales offices, storage areas. and related facilities in any unsold Condominium Unit or portion of the Comm'on Area as a,re necessary or' reasonable in the opinion of Declarant, for the 'sale or disposition of the' Condominiums; , , (b) Make reasonable use of the Common Area and facilities for the sale of Condominiums; (c) Post $igns, flags, ballqon' ~ndbanners in connection with its marketing of Condominiums; and ' (d) Cond!;lct its business of dis'p'osing of Condomjr~iums by sale, lease or otherwise. 6.3.2. AGREEMENT FOR EXTENDEO':USE. If, following the third (srd) annivets~ry of the conveya'nce of the first Condominium 'Unit in the Proj~ct to a Retail Buyer,Dec;;laral')t requires excltlsive use of any portion of the Common Area for tnar'ketin'g purposes, Declarant may use the' Comnion ·Area only if~m agreement 'is entered into between Declarant and the Association. ' The agreemeri~ must specifically provide for a limited duration for stich use a,nd must provide for a specific re'asQnable' ,rate of compensation to the Association by -Declarant. Compensation shall, be commensurate with the nature,extent and duration of the. use proposed by Declarant.' In, no event, however, shall Declarant be d'enied the right to use the Com'mon Area, or and any Condominium Unit owned by' Declarant. ,,' . 6,~4., ASSIGNA61L1TY OF 'RIGHTS., ' The rights of Declarant under this :Declaration may be assigned to any successor(s) by an express assignment in a recorded .instrument; in~luding without limitation a deed, option or:lease. This Declaration shall not be construed to limiUhe right of 'Declaration at any time prio'r to such assignment to establish addltk>nal 'licenses, re$ervations and rights-of-" way to itself, to ~tility gompanies Qr to othel1s .as may be reasonablynecess;ary to the groper development and disposal of property owned by Declarant. ' - LAVERCIA Draft DECLARATION 15 CITY DRAFT DEC. DOC ' .. LL AMENDMEN~ The provisions of this Article may not be amended without the consent of Declarant (or its duly authorized successor in interests) until such time that all-of .:the '; :'" Condominium Units in the Project owned by Declarant have been conveyed to Retail Buyers. " -,-'\~u...: -• ....:!"'ZL.\ ~ J' <:.t~_J~~ ~>~~ '--~~"f-~;~.; ... - THE ASSOCIATION:"" ~" .. " ... _ 9.-l/_1.~~t" ... 1. -~~~ '~~?f':' ~""f}~~~7::'p~.(t!;, .... ~,,;,~,~,:,.~ . 7.1. THE ORGANIZATION. The Association is a nonprofit mutual benefit corporation formed under the Nonprofit Mutual Benefit Law of the State of California. 7.2. COMMENCEMENT OF ASSOCIATION. The Association shall commence business at such time that a Board of Directors has been elected pursuant to the provisions therefor contained in the Bylaws. 7.3. INTERIM PERIOD. . The "Interim Period" shall mean and refer to that period of. time from (a) the date of conveyance of the first Condominium to a Retail Buyer in the Project, until (b) the date that a Board of Directors of the Association has been elected by the membership pursuant to the provisions therefor contained in the Bylaws. During the Interim Period, Declarant or its designated agent may operate and handle the affairs for the Common Area of the Project, as more fully described in the Bylaws. The foregoing notwithstanding, during the Interim Period, the powers granted to the Association and the Board herein, in the Bylaws and in the other Project Documents, shall inure to the .Declarant or its agent. 7.4. POWERS AND DUTIES OF THE ASSOCIATION. The Association, acting through its Board of Directors, shall have all of the powers of a California nonprofit mutual benefit corporation, and to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, as described and subject to the limitations set forth in this Declaration, the Articles of Incorporation and the Bylaws of the Association. 8. MEMBERSHIP, VOTING, FIRST,MEET1NG 8.1. MEMBERSHIP IN GENERAL. Every Owner of a Condominium shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Condominium. Membership hi the Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Condominium to which it is appurtenant, and then only to the purchaser. The transfer of title to a Condominium or the sale of a Condominium and transfer LAVERCIA Draft DECLARATION 16 CITY DRAFT DEC.DOC of possession thereof to the purchaser shall automaficallytr:ansfer th,e membership appurt~narlt thereto to the transferee. As a Member of the Association, each Owner' is obligated to pronfPtfy; .', fully and faithfully comply with and conform to the Articles, ,this Declaration, the Bylaws,the '. Architectural Standards, and the Rules ~dopted hereunder from time t6 ·time-by· the Boai'd;'anO .:-.:~ .. ;~:'.;ji.~- officers of the Association.' . . :-:.~ . · Ci:ASS:ES·OF VCfTlN'(rRIG'ATS~" .. , .... ,; .".,,:.-' -; .. '.:' ,."_~.";,c:.:t.:~,~~,, .~> •. '~'\:~~f:~~~~~;'i~~"-8.2. The Association shall have two (2) classes of-voting membership: 8.2.1. CLASS A. Each· Member, other than ,the Declarant, shall. be a Class A member. Class A membe~ship entitles the holder' teone (1) vote for each Condominium of which he or she is record QwQer. ' If a Condominium is owned' by more than one person, each such person sheW be· a Member of the Association, but there: shall be no m'ere than 'one (1): vote' for each Condominium. . , 8.2.2. CLASS B. The Declarant is a Class B Member.' Class B membership entitles' the holder to three (3) votes for'each Condominium of which the DeGlaraht is record owoer. The Class B membership shall' be irreversibly converted to Class A membership on the first to occur of the following: (a) When the total outstanding -votes .held by the Class' A Members are .equal. to er greater than the total outstanding votes held by th~ Class B Member; or (b) Two (4) years following'the conveyance by Declarant of the first Condominium to a Retail Buyer under the authority of the latest Public Report Cover:ing the Property, issued by the Califomia Department of Re~1 ,E$tate. 8.3. COMMENCEMENT OF VOTING RiGHTS. An Owner's right to vote, including Detlc:irant, shall· not vest until Assessments have been, levied upon such Owner's separate' interest as provided in this Declaration. All voting rights shall be subject to the restrictions and limitations provided for herein and 'in the Articles .a!ld !3ylaws. 8;,4. l\f'PP"~'!:~'/ri\/L OF MEMBERS~ . ". . ' . ,. '. .:r Unless specifically provided forothel)Vise, any' PfOVISIOfl 01.. the, Proj~ct , DO'c~ments requiring the vote·or written assent of·the Associatipn voting powe¥r ~hall ~be .deemec:J . satisfied by the following: LAVERCIA Draft DECLARATION 17 CITY DRAFT DEC.DOC 8.4.1. VOTE OF MAJORITY. The vote of the majority at a meeting duly called and noticed pursuant to the provisions of the BylCiws dealing' with annual or special meetings of the Members, unless a provision of this Declaration requires a special meeting only; provided, however ,~at such majority must include the specified number of all Members entitl~d, to ~ot~:Jl~:~~: ~~~;";~{ , such meeting and not such a majority of a quorum of those Members present; - 8.4.2. WRITING. A writing or writings signed by a majority of the voting power; or 8.4.3. COMBINATION OF VOTES AND WRITING. A combination of votes and written assent, proviqed that Members shall not change their vote or written assent after it is cast or delivered and pmvided further that only thos~ written assents execl:lted within sixty (60) days before ,or thirty (30) dCiYS after a meeting may be combined with votes cast at such meeting to constitute a majority. . 8.5. FIRST MEETING OF THE ASSOCIATION. The first regular meeting ·of the Association shall be held no later than: (a) Forty-five (45) days, after the conveyance to a Retail Buyer of the Condominium which represents the fifty-first percentile interest (51 %) authorized for sale ynder the first Public Report of the Project, provided that Public Report authorizes the sale of 50 Condominiums or more; or (b) No later than six (6) months after the conveyance of the first Condominium in the Project to a Retail Buyer, whichever occurs first. Thereafter, regular meetings,' of the Association shall be held in accordance with provisions of the Bylaws. At the first meeting, the Members shall elect the Board of Directors. Election to and removal from the Board shall be by secret written ballot with cumulative voting, as more particularly described in the Bylaws. 8.6. CLASS A MEMBERS' SELECTION OF ASSOCIATION DIRECTORS. In any election of Directors, commencing on the first regular annual meeting scheduled after the first Condominium is sold to an Owner, other than Declarant, so long as a majority of the voting power of the Association resides in the Declarant, or so long as there are ,~o (2)-.o4ts~ndiAg classes of membership, in, the Ass~t;;ation not less; than twenty percent, ' (20%) ou~e .Qi~~qt~rs .sh,all have ,been",elected SQi~y -by t ,,.; V0tGS of Class A Members, other, .: " -' .. than the" qeclarar:lt ,Such CIass A 'elected represer.tr-Jtive. may be removed prior to the expiration 9f his or her-term of office-only-by a vote ,of at le~}st e. simple majority of the Members, excluding. the Declarant. . ' 8.7. NO PERSONAL LIABILITY OF BOARD MEMBERS. No member of the Board, or of any committee of the Association, or any offiCer of the Association, or any manager, or Declarant, or any agent of Declarant, shall be personally LAVERCIA Draft DECLARATION 18 CITY DRAFT DEC.DOC .' liable to any Owner, or to any other party, including th~ Association, for any error or omis~ion of " the Association, the Board, its authorized agents or employees or its delegated committe~;if ,.- such person or eAtity' has,on the basis of such information as may ,be possess by him orjt" _ . ' a¢ted in goqd faith withoufwillful orjnteritional, misco'nduct: : in,'addition to:tbe foregoing/as"m(i~~~"l;""'-": particularly specifi,ed in ,California Civil Code' Section '1365.7, or any' successor statute or' law, . any person who suffers bodily injurY; incl~ding, but-not limited to, emotional distress or wtongfftJJ>~··,· ':", death as a re~ult of the tortiol,Js act or omission of a m~mber of the Board who resides"i'n:the~:~"': ) ... :. '. , Project either as a tenant or as an Owner of no more than two (2) Condominiums, and who, at the time of the act or omission, was' a "volunteer'" as define(j in Califomi~Civii Code Section 1365.7, . or any suc~ssor $tatute or law, shan not recover damages from such Board member,' if such Board member committed the act or 'omissi,on Vjithin the scope of his Qr,her Association duties, while acting In good faith and without acting in a willful, wanton or grossly negligent manner, provided that all of the requirements of California Civil Code Section 1365.7, or any successor statue or law, have been sati~fied.. ' 9. RIGHtS,. POWER AND, DUTIES OF ASSOCIATION AND BOARD The Association and its Board shall have all the' p,owers of a. nonprofit corporation organized under the Nonprofit Mutual Benefit Corporation law of California subject orily to such limitations on the exerCise of such powers as are set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do ar')Y lawful thing that may be authorized, required, or permitted to be done, by the Association under this, Declaration; the ArtiCles and the Byraws, arid to do and perform any act that may be necessary or proper for or incidental to, the ,exercise ,of any of the express powers of the Association ,including, withol;lt limitation, the powers set forth below: ',... '.' , 9.1. SUSPEND RIGHTS OF MEMB,ERS~ The Board shall·have the right, after Notice and Hearing, to temporarily susp.end an Owner's rights as a Mamber pursuant to the 'terms ofthis Declaration. ' , 9.2. DEDICATE OR GRANT EASEMENTS. . , The AssoOiation shall have the right to dedicate and/or grant easements over all or any portion of the Common Area. . . . 9.3. BORROW FUNDS. . --- . The AS,sociationshallhave the right to borro.\1il, -1i"m:ey t() .~~f;~~~;'~;:ii;,I;f;pair or maintain tb.e ,CornmO/:t Area"an&:! 'to .bypotbecate .aoy or all 'r,:::~f fi?·/)~j.lrf.'5i~~1!;tt.~t/~~~~tl:f tt:;~'nedby th.e Associ~~i0n, inciudin'g pledging .. as .collat~ral the asse~~:'JJr*~fI:Ui'~; Ii; {:,r-<;.;;.ili trl~reoniprovided that, 'the bqrrowing,of any rponey .. or.,bypothecatipn of any r.~c{·9r~J.;f;r~cnal p~.operty.jn excess of five percent (5%) of the budgeted;gro.ss expen$es 'oftne,AssQClatl0.rI.snall require the· consent ~f fifty-one percent (51%) of each ~Ia'ss of Members. . LAVERCIA Draft DECLARATION 19 CITY DRAFT DEC~DOC . ...... " ~,-' 9.A. ASSESSMENTS. The Association through its Board shall have the power to establish, fix, and levy ass~ssments against the Owners and their Condominiums, and to enforce payment of s!-ich;;'--~" .~. assessments in accordance with the provisions of this Declaration. 9.5. RIGHT OF ENFORCEMENT; PENALTIES;--NOTICE"ANb~~EARrN(j:;:;~~r.¥.:i}.),:~:¥~"¢· " 9.5.1. ENFORCEMENT ACTIONS. The Association in its own name and on its own behalf, or. on behalf of any Owner who consents, can commence and maintain actions for damages or to restrain and enjoin any actual or threatened breach of any provision of the Project Documents or any resolutions of the Board, and to enforce by mandatory injunction, or otherwise, all of these provisions. In addition, the Association can temporarily suspend the rn.embership rights and privileges for any violation of the Project Documents or Board resolutions. 9.5.2. PENALTIES AGAINST MEMBERS. The Board shaU. have the right to impose the following pen~lties against Members: (a) Suspension of the membership rights and privileges, together with the voting rights of any Member of the Association, for any period of time during which the assessment on a Member's Condominium remains unpaid; (b) Suspension of the membership rights and privileges, together with the voting rights of any Member of the Association, for any period not to exceed thirty (30) days for any infraction of the Association's Rules; (c) Levyin,g of monetary penalties against an individual Member as a disciplinary measure for failure of a Member to comply with provisions of the, p.roject Documents or Board resolutions, or as a means of causing the Member to reimburse the Association for costs and expenses incurred by the Association in the repair of damage to the Common Area and facilities for which the Member was allegedly responsible, or in bringing the Member and his or her Condominium to compliance with the Project Documents or Board resolutions; provided, however, no such monetary penalty may be characterized or treated as an assessment which may become a lien against the Owner's subdivision interest enforceable by a sale of the interest .in accordance with the provisions of Sections 2924, 2924(b) and 2924(c) of t~e 9:~lifQmia Civil Code. . ;. (d) provisions of the pre~c;ing paragraph expressly do not apply to charges. imposed against a Member consisting of rCfJ"'}onablelate payment penalties for -delinquent assessments and/or charges to reimburse th~./~ssaciation for the loss of interest and for costs reas-onably incurred (including attorneys' fees) 'in its efforts to collect delililquent assessments as more fully described in this Declaration. . (e) In the event legal counsel is retained or legal action is instituted by the Board pursuant to this Section, any settlement prior to judgment or any LAVERCIA Draft DECLARATION 20 CITY DRAFT DEC.DOC judgment rendered in any, such action Shall include Costs of collection, coljrtcosts ancL, , '. reasonable attorneys' fees. (f) A Member shall' have the ri,ghtto Notice and Hearing priorlo;s3~:r~.-<.·' :~: the Board's decisions to impose, any suspension or mOFletary penalty, as more fUlly described in Section 10.4 hereafter entitled ,"N6ti¢e ~ahd Hearing.." . ' , . ' ,,-',:{" ·,,-,~~,,,,-'_;,.;:":;1~-?:';'~~t»~,~:,t..!> ,'" .~. ",'r>_. :9.6. RULES AND REGULATIONS. The Board qf the AS,sociation shall have the Rower to adopt, amend and repeal uniform rules and regulations ("Association Rules" andlor "Rlnes") as it deems reasonaple, The Association Rules shaH' govern the use of the Common Area and portions of the Condominiums by all Owners or their fnvitees,' and the conduct of Owners and Invitees with :respect to automobil~parking, outside storage of bicycles. and other objects, disposal of wast~ materials, drying of l~undry"'Control of pets and other activities which, if not so' regulated,· might. detract from the appearance' of the Community or offend or cause .inconvenience or danger to persons residing or\iisitingtlierein. Such Rules may provide that the Owner of a Unit whose Invi,tee leaves property on the Common. Area' in Violation of the Rules' may be asse~seq aft~r Notice and Hearing ~n amount to 'cover the e~pense incurred by the Association .in removing such property and storing or disposing thereof. 9.7. ENT~Y BY ASSOCIATION .. The Association and the Associafion's agents or employees shall have the right to enter (a) into any Living: Unit and/or 'its appurtenan~ Excl.usive· Use Common Area ,in the event of' an emergency' that requires such entry, (b) into any Liv.ing Unit and/or its appurtenant Exclusive Use Common Area to perform certain maintenance or other AssocJation obligations that require entry into a Living Unit, at reasonable hOLlrs, (c) .upon the Common Area to perform maintenance or other Association obligations. All of (he foregoing 'entrys shall be conducted in accordance with the provision.s therefor described mbre fully in this Declaration. 9.S. P'OWER OF BbARDTO DEFINE AND INTER,PReT. ., . Notwithstanding anything cOntained 'in this Declaration or' any other ,Project Document, the Bbar(:i shall have the power and the authQrity, to .defln.e, interpret and/or'-co'nstrue certain' words and·terminologies.contained in this D~tlaration, and the Project Documents which may otherwise be unclear, vague anf/lor ambiguous', ~nci,' wtlich,' if not 'so defined, int~rpreted or ,construed, would be detrimental to the Shard's; ability to ,conduct, manage anci control the affairs. and business-of the Association, including' th~ e'nfc;>rcement of"ihe covenants, conditions, restrictiolls .. arlQ otber'pr:ovisions::pfthe Project-DOCl;lmeh,ts'; "33' wsll'as '.~ny ri!U~5 a.!iP';:, ',', regulation,S pt.omufgated.,-.Dy· jRe~ Boarct and-. nQt-'-(a);ioconststent v-£ftrl. ,i,::r.f.-! *,~..:~C'}j(,:t.')l:i~ f'il'i\\' i:'i - contravention to the 'general·' plan for the sl:ibdivi5ioni .. ,prot~ction, ;Y;.i,.~j;-i:~tf"'!;rJ$_1;:t. ";t~!tpY;';' ,r';;"wlDnf; sale and lease of. fue'J;?roject, -or any-portion ther-eof. Such words 'am,\~t~J, '1f~Jc;:M~'y: shall illdllde:,:': but not be limited to: "nufsance:'!.....--::#;irmollance·'" "obnoxious' ~;-. '!\:'~iiiet . any'oyment " ,< I. I'" 1 i· I "excessive, " "disturb, " "obstru6tj i" "interfere;" ·"mihor repair," "hllzard," "offensive~'" . .' -, LAVERCIA Draft DECLARATION 21 CITY'DRAFT'DEC.DOC 10. :RIGHTS OF OWNERS 10.1. RIGHTS OF OWNERS. Owners, and, to the extent permitted by such Owner, such Owner's Invitees, ans:! " '... » .'. ''-:.'.\~ , contract purchasers who reside in such Owners Dwelling', 'shall have ttie'-folloWinit\lfigil~'i1't~&;'::'df~~~'\:"!)~ limitations:" , 10.2. RIGHT OF ACCESS AND USE OF DWELLING. The right of access over the Association Property for ingress to and,egress from such Owner's Condominium and Dwelling thereon, and of enjoyment and full .use of such Condominium and Dwelling, which right shall be appurtenant to and shall pass with title to. the Owner's Condominium, subject to the limitations contairied herein. This right ~nnot be fO.rfeited or abridged by the failure by an Owner to comply with provisions of the Project Documents or duly-enacted Rules, except by judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay assessments levied by the Association. 10.3. RIGHT TO THE USE OF COMMON AREA. The right of ingress and egress and of enjoyment in, to and over the Common Area. Such right of ingress and egress and enjoyment shall be appurtenant to and shall .pass with title to the Condominium, subject to the limitations and restrictions of the Project Documents. 10.4. NOTICE AND HEARING. The right to receive at least fifteen (15) days' written notice prior to a deciSion by the Board to impose monetary penalties, a temporary suspension of an Owner's right as a Member of the Association, or other appropriate diSCipline for failure of the Member to comply with the Project Documents as described more fully in the Section entitled "Penalties Against Members" hereinabove, or any such longer period as may be required under Section 7341 of the California Corporations Code (or any successor statute or law). Additionally, before the Board decides to impose a suspension of privileges or impose a monetary penalty, the aggrieved Owner shall be provided with an opportunity to be heard by the Board, orally or in writing, not less than five (5) days before the date of the suspension of privileges or imposition of a monetary penalty is to take effect. For purposes of this Section, notice shall be given by any ,method reasonably calculated to provide actual notice. Notice may be hand-deliv~red to the Ownm .. or sent by flrst class registered or certified mail, return receipt requested, or" .' ov.e.rnlg~'!" rJelivery arld udd:-ess'ed to, the Owner at the last address::-of the ,Owner shoWn· on -the . Association's records, or any other 'method deemed reasonable' by the Board for delivering nqtioos. Each suspended or fined Owner or other person can appeal a suspsFlsion or monetary penalty imposed by the Board, including any claim alleging defective notice, within one (1) year of the date of action taken by the Board, by filing written notice of his or her intention to appeal with the Board. The action imposing the fine or suspension shall then become ineffective until the fine or suspension is unanimously approved by all directors of the Board at a regular or special meeting of the Board at which all directors are present. The Owner or any other person LAVERCIA Draft DECLARATION 22 CITY DRAFT DEC.DOC ,I •• :..:.--=. ,.:r-:. :-:'-; to be fined or suspended can appear, be represented by legal counsel and pe heard at tfle meeting before the Board, either or;;llly or in writing. 10.5. DELEGATION OF USE. ,Any Owner may deleg~te his or ·her right ofenjoyme~t to the' Common, Ar~ca to '.~_: ... '.. ' his or her tenants or contract purchasers who' reside on his' or her 'Condominium; provld~:;'~ ".': ' however, th~t if any Owner delegates such right of enjoyment to tenants, neither ·the Owner nor his or her family shall be entitled tq use the Common Area by reason of ownership of the Condominium during the period (>f delegation. Invitej3s' of any Owner may use the Common Area only in accordance with this Declaration or.any Rules adopted by the Board. 11.. ASSESSMENtS 11.1. COVENANT FOR ASSESSMEN~S. " . Subsequent to the conveyance of the first Condominium in the Property to ~ , Retail' Buyer, the Detlarant, for each Condominium .owned within a Phase of the Property in. which either a Condomir:lium has been sold to a R'etail Buyer under the authority ·of a Public Report, or leased, as more fully described, respectively. in the Sections herein entitled "Commencemento.t Assessments" and "Assessmernts On Condominiums Not Conveyed to ~etail Buyers," hereby covenants, and each Owner of a Condominium by acceptance. of a· deed therefor, whether· or. not ·it shall be so expressed in such peed, is deemed to .covenant .and agree to pay to .. the Association all assessments levied pursuant to the provisions', of this Declaration. All assessments,. together with interest, costs, late charges and reasonable attorneys' fees, shall pe a ch~rge Or) and a continuing lien upon theCoRdominium against which each such assessment is. made, the lien to become effective upon, recordation of a Notice of Delinquent Assessment, as prov.ided in this Artit/e.'. Each such assessment, together with . interest, . costs,late ch.argesamt rea§jonable attorneys' fees, shall also, be ·the· personal obligation of 'the Person who' was the Owner of such Condominium at the tirne when the assessment fell due and shall bind his or her heirs, devisees, personal .representatives and assigns. Unlike the lien. for delinquent assessments, the person~1 obligation, for non-delinquent assessments shall not pass to successive Owners, unless expressly assumed by each such succes~ive Owner. No such assumption of personal liability by a successive 'Owner (including a contract purchaser under an installment land ·contract) shall relieve any' Owner from personal liability for delinquent assessments .. If more than one person or entity was the Owner 'of .a Condominium, the' personal obligation to pay such assessment or installment' respecting such Cbndominium:sh~1I be bO!Jil:oi~t and several. . :;.~}i._: I~'_:' ~ .. t.*'-~''. :~_ ;\,:~';.I~"J.':"(\..." - 11.2. 77fe 'i-!:-;sessrhents cqllected by the Association shall be ,held by the Association for and on lJ..:.hC:ilt of each Owner aAd shall se used solely for· the operation', care ~nd maintenance of the Project as provideq. in this Declaration. . Upon the sale or transfer of a . Condominium, th~ Owner's interest in the·funds shall be' deemedautbmatically transferred to the successor in interest of such Owner:.· . LAVERCIA Draft DECLARATION 23 -----------------------------------------, 11.3. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of all the resid~nts jn. the Project and for.,~~ ., .':~'.: .. ';'; ;' improvement and maintenance of the Common Area and for any other maintenance I . responsibilities of the Association, and to reimburse the Association for costs incurred in .~. bringing an Owner into compliance with the Project Documeryts. " '-:':;f.; '-f'-. ,.'" 11.4. REGULAR ASSESSMENTS. 11.4.1. PAYMENT OF REGULAR ASSESSMENTS. Regular Assessments for each fiscal year of the Association shall be established when the Board approves the Budget for that fiscal year, which Budget shall' be prepared in accOrdance with the provisions of this Declaration. Regular Assessments shall be levied on a fiscal year basis. Unless otherwise specified by the Board, Regular Assessments shall be due and payable in monthly installments on t~e first day of ·each month during the term of this Declaration. 11.4.2. BUDGETING. Regardless of the number of Members or the amount of assets of the Association, each year the Board shall prepare, approve and make available to each Member a Budget as described in the Bylaws. Increases in Regular Assessments shall be subject to the limitations set forth in Section 11.16 below. For the first fiscal year, the Budget upon which Regular Assessments shall be based shall be the Budget accepted by the DRE and shall ·be approved by the Board no later than the date on which Regular Assessments are scheduled to commence, Thereafter, the Board shall annually prepare and approve the Budget and distribute a copy thereof to each Member (or a summary thereof as provided in the Bylaws), together with written notice of the amount of the Regular Assessment to be levied against the . Owner's Condominium, not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of the fiscal year. 11.5. RESTRICTIONS OF TAX EXEMPTION. As long as the Association seeks to qualify and be considered as an organization exempt from federal and state income taxes pursuant to Internal Revenue Code Section '528 and California Revenue and Taxation Code Section 23701t and any amendments thereto,then the Board shall prepare its annual budget and otherwise conduct the business of the Association in such manner consistent with federal and state requirements to qualify for such status. 11.,6. NON-WAIVER OF ASSESSMENTS. If before the expiration of any fiscal year the ASSOCiation fails to fix Regular Assessments for the next fiscal year, the Regular Assessment established for the preceding year shall continue until a new Regular Assessment is fixed. LAVERCIA Draft DECLARATION 24 CITY DRAFT DEC.DOC • 11.7. SPECIAL ASSESSMENTS. , If the Board determines that the estimate~ tota'i amount 'of funds nece$~ary' to ~efray the Common Expenses of. tile ~ssociatio~ ,:for,~, 9iven)is~~. Y7~r is, o~ wiJI ~:cg~~~~;~: ... (!'> Inadequate to meet expenses for any reasoh, including, but not limited to, unanticipated 0; , delinquencies, costs of. construction, unexpected ,repairs" ~replacement of or' new ~pit~l' ,. improvements on, damage and destructio'n or condemnation of the Common Area, the Boail:f:",:' shall determine the approximate amount necessary to defray slJch expenses and, if the amou~t is approved by a majority vote of the Board and does not '~xceed ,five percent (5'%) of the budgeted gross expenses of the Association, it shall become a Special Asse,ssment; provided" however that such limitation shall not apply to Special Assessments 'levied by the Board to replenish the Association's reserve account as provided in the Bylaws Section entitled "USE' OF ,RESERVE FUNDS." Except for a Special Ass~ssmentlevied pursuant to theSylaws S~ction en~itled "USE OF RESERVE FUNDS," ~ny SpeciaLAsse'ssmentin exc~ss of five per-cent (5%) of the budgeted gross expenses of the Association shall b~ subject to the limitation set ,forth' in the Section below entitled "Limitations on Assessments." The Board' may, in, its discr~tibn, prorat~ such Special Assessment over the remaining months of the fiscal year or levy the assessment immediately against each Condominium. ,Unless exempt from federal or,state income taxation, all proceeds·form any Special Assessment shall be segregated and deposited into a Financial Account and shall be used solely for the purpose or purposes of which it was levied or it shall be otherwise handled and used in a' manner authorizec:l by law or regulations of the Internal Revenue Service or the California FraQchise Tax Board in order to avoid,ifpossible, its taxation as income of th~ Association. 11.8. CAPitAL IMPROVEMENT ASSESSMENT In addition to, any other assessments provided for hereunder', the Association may levy a Capital Improvement Assessmentfbr the purpose of, defraying, in' whole or in part, the cost of any construction or repla~ment of a, 'capital improvement ih,acc6rdance with the provisions of the Bylaws Section entitled "Capital Impro~ements," ,Capital Improv~tnent Assessments shall be due and payable by all Owners in such installments ahd ,during, s,uch period or periods as the Board shall designate. Increa'se in Capital Improvement Assessments shall be subject to the limitations set forth, in the Section below entitled "Limitations on Assessments." , 11,.9. SINGLE BENEFIT ASSESSMENT . .(a) The Board may establish a Singl~ Benefit'Assessmentf6rreconstrLicti,Qn, capital improvements, extraordinary r:riaintenance, or any other cost Qr expense not otherwise " provided for in this Declaration v'hich will, benefit less than all of the Owners, and which will be -: assessed only i ,"i;ifiC;" th8:(*~(brn,niums of those Owners 'so behefit~ng. ' • .'" ~i..?~ .:E.',;,:'\ip~ a$ provided in the paragraph' irtunedicately, below, such Single" Benefit Assess.:n€: ':i (t't,fJ.Y be impos~d only by a vote of at least fifty-one pergent (51%,) of the Owners of the Condominiums benefited by the S,ing,le Benefit Assessment. (c) Whenever the Association p~rforms any service or accomplist:ies any item of repair or maintenance which is the duty of an Owner to accomplish, 'but which has not been accomplished by~sl:lch Owner, or whenever the Association determines to preempt th~ LAVERCIA Draft DECLARATION 25 CITY DRAFT DEC.POC , ,'" ( " , --',;.-, • perfOrmance of a specific Owner of a given act of maintenance or repair, the Association shall specifically charge the 'cost thereof, together with any financing costs and administrative costs incurred by the Association, to the Owner for whom such work was done, and shall include such additional cost as a Single Benefit Assessment for such Owner(s). ' ,'~, '1'::: ", ~'.: ,'''''' (d) Each Single Benefit Assessment shall be segregated in the FinalJ£i~l.~~~~~fte:~~~, Accounts solely to the Condominiums which derive tlJe b,en~fit therefrom., ,,, the event that~ttle:;~~~:':1~i:h~',..~, Association obtains income directly related to an item which has been assessed as a Single Benefit Assessment, such income shall be allocated so as to reduce or offset such Single Benefit Assessment. ' 11.10. ENFORCEMENT ASSESSMENTS. The ASSOciation may levy an Enforcement Assessment against any Owner who causes damage to the Common Area or for bringing an Owner or his or her Condominium into compliance with the provisions of the Project Documents or any other charge designated an Enforcement Assessment in the Project Documents, together with attorneys' fees, interest and other charges related thereto as provided in this Declaration. The Board shall have the authority to adopt a reasonable schedule of Enforcement Assessments for any violation of the Project Documents. If, after Notice and Hearing as required by this Declaration and which satisfies Section 7341 of the California Corporations Code, the Owner fails to cure or contin\.les such violation, the Association may impose an additional fine each time the violation is repeated, and may assess such Owner and enforce the Enforcement Assessment as herein provided for nonpayment of an assessment. A hearing committee may be established by' the Board to administer the foregOing. Notwithstanding any other provision in this Declaration to the contrary, Enforcement Assessments are assessments, but they may not become alien against the Owner's Condominium that is enforceable by a power ·of sale under Civil Code Sections 2924, 2924b and 2924c or any successor statute or laws. This restriction on enforcement is not applicable to late payment penalties for delinquent assessments or charges imposed to reimburse the Association for loss of interest or for collection costs, including reasonable attorneys' fees, for delinquent assessments. 11.11. UNIFORM RATE OF ASSESSMENT. Regular Assessments, Special Assessments and Capital Improvement Assessments shall be levied at a uniform rate for all Condominiums and may be collected' on a monthly basis, or otherwise,as determined by the Board. Enforcement Assessments and Single Benefit Assessments shall be leVied directly to the individual Condominiums and/or: their respective Owners, depending upon whether the assessment may become alien against the Condominium, as ,providE!d in this Declaration. ,,", . , f • .;:.-: ~ ~ , _ • ~ ,. 1 ~ ~ •• '. -'" ... '" ~. • • • • • ..... ---• '1'1.:12: .' '-:: 'EXCESSIVE ASSES$,MENTS OR F'EES. The' Board may not impose or collect an ass~ssment (,r fee that exceeds the . amount-necessary to defray the costs for which it is levied. LA VERCIA Draft DECLARATION 26 CITY DRAFT DEC.DOC ~ .. 11.13. COMMENCEMENT OF ASSt:SSMENTS;, DUE DATeS. The monthly' installments for R~gu'lar Assessments provided for herein Sl1all" commence' as to all Conqominiums in the ProjeCt on, th~ fin~t day of th~ month following, the;", conveyance of the first Condominium to a Retail' :Buyer l,JAder the authority of a Public Report. The first annual assessment shall be adjusted: ~~ording, to. ,th~, rJum~~r ~otmoljth.s remcti,QiJ1g~Jg~i>i:r.f~}. "~';'- the fiscal year. ,..-: '-'~''''''' 11.14. NOTICE AND ASSESSMENTINSTALLMEN'T DUE OATES. A single ten (to) day prior written notice 9f each Special Assessment arig Capital Improvement Assessm~nt shall be given to each Owner. 'The first fisCctI year'$ Regular Assessment shall be equal to the amount shown in the Budget accepted by the DRE as stated in the Public Report for the first phase of the Project. Written ,notice of the amount of the ' Regular Assessment for each fiscal year after the first fiscal year shall be distributed to each Owner not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of the fiscal year, together with a copy of the approved Budget for that fiscal Year, as more fully described iii Section 11.4.2 entitled I~Bl)DGETING." The foreg9ing notwithstanding; the ~ailure elf the Board to comply with the foregoing notice provisions shall not affect the validity of any assessment levied by the Board. The due dates for the payment of 'assessments shall normally 'be e,stablish,eq as monthly installments due on the first day of each month unless some,other que dateand/or payment schedule is established by the Board. " , 11.15. FAILURE TO FIX ASSESSMENTS. , The omission by the' B'oard to' fiX:' theassessmerits 'hereunder befote the expiration of any fiscal year, for that or the next year, shall not be deemed either a waiver or modification in any respect of the provisions of this Declaration or a release of the Owner from . the obligationt6 pay the assessments :orany installment" thereof for that or any subsequent year, but the assessment fixed for the preceding yet;lr sliallct>ntinue LJntii a new. assessment ,Is fixed. 11.16. LIMITATIONS ON ASSESSMENTS. (a) The Board of Directors 0.1 the Association, shall not impose or coliect an assessment, penalty, or fee that exceeds the ,amount necessary for the purpose or'purposes for which Uis levied. Annual increases in Regular Assessments forany fiscai year, as authQri~ed' by subsection (b) immediatelyher'einafter, shall n'ot be imposed !unless the Board ,has,'preparAt$. 'and distributed the budget'described in Section 11.4.2 entitled '"BUPGETIN~," ',~ilflt 'ii":1 :~f.t';~ , "Financial" Sectio_n .. ,Pf the' Bylaws" in accordance-with toe provisions of 'Ci'li~ ;k;;:,j~~ "SG'{;tf;6.~ 1365(a) as'i(may from time to time be amended, with respect to that fiscal year,.or has:'cbfainad the approval of Owners, constituting a quorum, casting, a majdrity' 'of the votes Cit a rr.e;etfng or election of the Association' conducted in accordance with Chapter S (commencing with SectiOn 7510) of Part 3 of Division 2 of Title' 1 of the Corporations Code and Section 7613 of the Corporations Code, or any successor statute. \ " . . , . <,'-. LAVERCIA Draft DECLARATION 27 , CITY DRAFT DEC. DOC (b) From and after January 1st of the year immediately following the conveyance of the first Condominium to an Owner, the Board of Directors of the Associati.on may not impose, except as provided herein, a Regular Assessment that is more than twenty percent (20%) greater than the Regular Assessment for the Association's preceding fiscal year Qr impose special assessments which in the aggregate exceed five percent (5%). of the budgeted gross expenses of the Association for that fiscakye~r· with04hthe' '~¥~f~~«''''''' approval of Owners constituting a quorum casting a majority of the votes at 'a meetirfg: or election of the Association conducted in accordance with Chapter 5 (commencing with Section 7510)-of Part 3 of Division 2 of Title 1. of the Corporations Code and Section 7613 of the' Corporations Code. These provisions, however, shall not limit assessment increases necessary for the following "emergency situations:" (1') An extraordinary expense required by an order of a court; (2) An extraordinary expense necessary to repair or maintain those portior:Js of the Project or the Common Area for which the Association is responsible where a threat to personal safety is discovered; (3) An extraordinary expense necessary to repair or maintain those portions Of the Project or the Common Area for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the budget under this Declaration and the Bylaws, in accordance with Civil Code Section 1365, or any amendment thereto;. provided, however, that prior to the imposition or collection of an assessment under this paragraph, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be. distributed to the Members with the "Notice of Regular Assessment"; (4) An extraordinary expense in making the first payment of the-earthquake insurance surcharge pursuant to Section 5003 of the California Insurance Code. (c) Any increase~ authorized under this Section shall not be imposed unless the Board has complied with the budgetary requirements set forth in the Bylaws with respect to the fiscal year for which an assessment is levied. For the purpose of calculating whether an .increase to Regular Assessments' exceeds twenty percent (20%), the term "Regular Assessments" shall be deemed to include the amount assessed against each Condominium by the Association as a Regular Assessment plus any amount paid py Declarant as a subsidy .. purs,u!:\nt to any .subsidy agreements, to the./exteflt -sldch. subsidy payments· offset any amol:Jnt .which.wo·uld.otherwjse be paid by'owners as Regular Assessments." , . . .,' (d) . F.or purposes of this ·Sectlon; . "quorum" is qefined as more 'Uian !ifty percent (50%) of .the Owners {including the;Declarant) of the Association. (e) Any action authorized under this Section shall be taken at a meeting called for that purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than ninety (90) days in advance of the meeting. LAVERCIA Draft DECLARATION 28 CITY DRAFT DEC.DOC " ,e 11.17. No.TICE 0.1= ASSESSMENT INC'REASE. The Boar(:l shall provide notice by first-class mail to the Owners of any increase in the Regular Assessment or Special Assessments or Capital Improvement Assessments of the Association, not less than thirty (30) nor more than sixty (60) days prior to the' increase(f:: ... ~:"·" .. ' ~.l' ass~ssment becoming due and payable. ' ": .. ..;,)-., • .,,;;liif"'$~¥,.;+:. ,,'::.,0;' 11.18. REDUCTlo.N o.R ABATEMENt;o.F REGULAR ASSESSMENTS. In the event the ,amount budgeted to meet Common Expenses for a, particular fiseal year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce th~ amount of the Regular Assessments or may abate ,collection of Regular Assessments as it deems appropriate'. Nothing in this Section "shall require the Board either to abate or reduce the Regular Assessments: "fhe foregoing notwithstanding, neither an abatement nor a reduction in RegJular Assessments shall' be permitted so long as Declatant is possessed with or controls a'majority of the total votihg power 6f the AssoCiation or the Board. '; 11.19. NO. o.FFSETS. All assessments shall be payable in the amount specified 'bY the, Boar~ and no offsets against such amount shall be permitted for any reason, includirig, without limitation (a) a claim that the Association is not, prop,erly exercising its duties and powers as provided in this Declaration; (b) a Member has made or elects to make no use, of the Common Area or any Improvementsloeated therein; or, (c) any construction or maintE;inance performed pursuant to Section 14.9 entitled "Assumptioh of Maintenance'Obligations" below, shall in any way postpone assessments or entitl,e a Member to claim any such offset or. reduction. ' ' 11.20. DELINQUENCIES; LATE PENALTIES; INTEREST~ON ASSESSMENTS'. Any assessment not paid within fifteen (15) days after the 'due date shall be delinquent and shall be subject to, a rea,sonable late penalty not exceeqing teh petcent(1 0%) of the delinquent assessment or ten' dollars ($10.00), whitheveris greater, and shall ,bear intere$t on all sums ,including the delinquent assessment, reasonable costs for collection and late penalties at an annual percentage note'xceeding twelve percent (12%) commencing,thirty (3~} days after the·assessment becomes due, or at the maximum legal rate as 'defined ih the California Civil Code Se'ction 1366, or any successor statute or law. 11.21. DEBT o.F THE o.WNER. Any assessment made in accordance ,with this Declaratjon; and any late charges, i'easonabl,e costs_of collection and int~rest, snall;pe a debt::0fthe.Qwnerof a Condominiurn>f.\;M· ti16' .time the assessment'and ctoer sums are'levied: " , 11.22. 11.22.1. ASSESSMENT DEFAULTS. The Board shall annually distribute during the sixty (60) day.period immediately preceding,tne beginning of the Association's· fi~cal year, a statement of the Association's policies '8nd' practices in enforcing its remedies against Members ,for defaults in LAVERCIA 'Draft DECLAR'ATlo.N 29 , , CITY DRAFT PEC.DOC the payment of Regular and Special Assessments, including the recording and foreclosing of liens against Members' Condominiums. 11.22.2. MONETARY PENALTIES AND FEES. If the Association adopts or has adopted a policy imposing, any .' . .' monetary penalty, including any fee, on any Member for a violation of the Project Documents;" ": >.~.'\. - including any monetClry penalty relating to the activities of an Invitee, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedul~ of the monetary penalties that maybe assessed for those violations, which shall be in accordance with authorization for Member discipline contained in Section 9.5.1 above entitled "ENFORCEMENT ACTIONS. 11 and Section 10.4 above entitled "NOTICE AND HEARING."; provided, however, no such monetary penalty may. be characterized or treated as an assessment which may become a lien against the Owner's subdivision interest enforceable by a sale of the interest in accordance with the provisions of Sections 2024, 2024(b) and 2024(c) of the California Civil Code. The Board, however, shall not be required to distribute any additional schedules of monetary penalties unless there are changes from the schedule that was previously adopted and distributed to the Members. 11.23.· COLLECTION OF ASSESSMENTS; LIENS. 11.23.1. ' RIGHT TO eNFORCE ASSESSMENTS. The right to collect and enforce assessments is vested in the Board acting for and onbehalf,of the Association. The Board or its authorized representative, can enforce the obligations of the Owners to pay assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Board may foreclose by . judicial proceedings or through the exercise of the power of sale pursuant to Section 11.23.7 below, entitled "LIEN ENFORCEMENT; FORECLOSURE PROCEEDINGS" enforce the lien rights created. Suit to recover a money judgment for unpaid assessments together with all other Additional Charges described in Section 11.24 below shall be maintainable without foreclosing or waiving the lien rights. Notwithstanding anything else to the contrary herein, except for monetary penalties imposed by the Association to reimburse the Association for costs incurred by the Association in the repair of damage to the Common Area for which the Member or the Member's Invitees were responsiple, which may become a lien on the Owner'.s Condominium, a monetary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply with the Project Documents or in bringing the Member and his or her Condominium into compliance with the governing instruments of the Association may not be characterized nor treated as an assessment which may become a lien against the Member's Condominium enforceable by a sale of the interest hereunder. Ihe limitation in the preceding sentence howev.er, does not apply to .any Additional Cn.arges. - 11.23.2-NOTICE TO OWNER PRIOR TO LIEN OF ASSESSMENT. Before the Association may place a lien upon an Owner's Condominium to collect any assessment which is past due, the Association shall provide written notice ("Itemized Debt Notice') to the Owner by certified mail of the following: LA VERCIA Draft DECLARATION 30 CITY DRAFT DEC.DOC • (a) Fee and penalty procedure~ of the AS$ociationas described ·in Section above; . (b) An itemized statement of the charges', owed by the Owner, including items on the statement which indicate (i) the,.principal owed, (ii) any late charges ·and the method of calculation, (iii) any attorney's fees; and (iv) the collection practices used by the ":r>:~''"'': ~.J..~ .. . Association; Including the right ,of the Associati.on.to the reasonable' costs of ·collecti.On. . 1:1.23.3. LIEN OF ASSES~MENT. At any time c:1fter (a) any a$sessments levied by the Association affecting any CondominiLim haVe become delinquent, and (b) ,the Itemized· bebt Notice thereof has been mailed to the Owner 'ofsuch Condominium, the Board may file for recording in the Office of the County Recorder a "Notice of Delinquent Assessment" as' to such Condominium,. which notice shall state all ·amounts which 'have become: delinquent with "respect to 'suGh Condominium and·the costs (including .attorneys' fees), late penalties and interest which have accrued thereon, the amount of any assessmer-its ",relating) to such Condominium which is' due and payable although not' delinquent, a legal description. onhe Condominium with the name of the record or reputed record Owner of such· CondOminium, .and the name and address of the trustee authorized .by the Association to enforce the lien, If by nonjudicial foreclosure as provided below. Such notice sball be signed by the President, Vice President; Secretary, or Chief Financial Officer of the Association, or by an authorized agent (as designated by resolution of the Board) of the Association. Immediately upon recording of any Notice of Delinquent Assessment pursuant to the foregoing provisions of this Section., the amounts delinquent, as set forth in such Notice, tog.ether with the costs (including attorneys' fees), late penalties and interest accruing thereon, shall be ahd .become a lien upon the Condominium described therein, which lien shall'j:llso secure all costs (including attorney's fees), late penalties and interest accrufng there.on. The lien may be enforced as provided in Section 11.23.7 :bel'ow, entitled ilL/EN ENFORCEMENT; FOR~CLOSUR~: PROCE~DINGS." 11.23.4. NotiCE TO OWNER AFTfR 'liEN OF ASSESSMENT. Not later than ten (1Q) ca'lendar days after re'cordation of the Notice of Delinquent Assessment in the Office; of the San Diego County RecOrder, California, a copy of tne Notice of Delinquent Assessment and the recording date' thereof shall' be mailed. to all record Owners of the Condominium by certified or registered mailed, in accordance with the manner set forth in Civil Code Section 2924b, or any· successor statute. or law. 11.23.5.:, PAYMENT$ .UNDER PROtEST. ___ , " f;:l~: Owner '41)1'':: .;:jJ :<~,Pl}tflS: &n assessment "imposed byttle' ~ Association against sllch O'N})~r :?!nd/or $f~}r,:h :·.'r#f~~';':; -Condominium sliall have· the right to resOlve such dispute throug;i ~1) aiternative di~pute -resolution "as set forth in Civil Code "Section 1354, (ii) civil action, and"(Hi}any' other dispute resolution procedure that may ,be available thr,ough the Association, as provided in Civil Code SE!ction 1366.3, or any successor statutes or laws. LAVERCIA Draft DECLARATION 31 . CITY DRAFT DEC. DOC --------------~ • 11.23.6. RELEASE OF LIEN. In the event the delinquent assessments and all other assessments Which have become due and payable with respect to the same Condominium together with all costs (including attomeys' fees), late charges and interest which have accrued on such amounts are fully paid or otherwise satisfied prior to the completion of any sale helq to_",.,,~ foreclose the lien provided for in this Articl~, the Board shall record a further notice, similarly signed, stating the satisfaction and release of such lien. 11.23.7. LIEN ENFORCEMENT; FORECLOSURE PROCEEDINGS. After the expiration of thirty (30) days following the recording of the Notice of Delinquent Assessment in the Office of the County Recorder, California, the lien created by such recording may be foreclosed in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment, or sale by a trustee substituted pursuant to Civil Code Section 2934a. Any sale by the trustee shall be conducted in accordance with the provisions of Civil Code Sections 2924, 2924(b), 2924(c) and 1367, or any successor statute or law. The Association, acting on behalf of the Owners, shall have the power to bid for the Condominium at a foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid assessments, costs, late penalties and attomeys' fees shall be maintainable without foreclosing or waiving the lien securing the same. 11.24. ADDITIONAL CHARGES. In addition to any other amounts due or any other relief or remedy obtained against an Owrier who is delinquent in the payment of any assessments, each Owner agrees to pay Additional Charges incurred or levied by the Board including such additional costs, fees, charges and expenditures as the Association may incur or levy in the process of collecting from that Owner monies due and delinquent. Additional Charges shall include, but not be limited to, the following: 1·1.24.1. ATTORNEY'S FEES. Reasonable attorneys' fees and costs incurred in the event an attorney(s) is employed to collect any a&sessment or sum due, whether by suit or otherwise; 11.24.2. LATE CHARGES. A late charge in·an amount to be fixed by the Board in accordance with Civil Code Section 1366,. ~V' -:-':1/ ~tJcce~Sbr statute or law, to co'mpensate the Association for additional collection cost~ i,',curre;;:! in tlif-) i3\<l.:lnt any asse&sment or other sum is. not· paid. : when. due or within an~f "grace" period established oy law; -", ,. 11.24.3. COSTS OF SUIT. Costs of suit and court costs incurred as are allowed by the court; LAVERCIA Draft DECLARATION 32 CITY DRAFT DEC. DOC e • 11.24.4. INTEREST. Interest to' the extent permitted by law; and 11.24:5. OTHER. ." - . . '. ~~ -. ,,~:"_, '., ~ .. ' ~ ~~ • ·~':;'~~~~'f'~I::;~~"5·~;'~·~·· '" Any such other additional costs that the Associ~tion m~y incur 'iii: '':~'::;':' ' the process of collectin~ delinquent aS$essments or sums. " 11.25. PRIORITY OF tHE LIEN. The lien of assessment her~in shall be sUbor.dinate to the lien of ~ny First Mortgage now or hereafter placed upon"any'C<;>ndominium $ubject to assessment, ~nd the sale or transfer of any: COndominium pursuant to j~dicial or nonjudicial foreclosllre transfer ,(excluding a transfer 'by deed in lieu of foreclosure) of a First Mortgage sh~1I extingulsq the lien o.f such assess,ments as to p~yment$ which became due prior to such sale or tr~nsfer. No sale or tr.ansfer ,shall relieve' such Condominium from Hen rights for ,any assessments thereafter b.ecoming due nor from the 'lien ,of any sllbsequentassessment. Where the ,First Mortgagee or other purchaser of a Conqominium ,Obtains title to the sallie as a result of foreclosure (excluding a transfer by deed in lieu of foreclosure), such acquiror of title, his or her successors ,and assigns, shall not be liable for the share of common expenses, or a~sessmentsbythe Association ,chargeable to, such Condominium which: became dUe prior to the aCq~isition of title, to such Condominium 'by such acquiror, exempt except for a share of ,Stich charges" or assessments resulting from a reallocation of such charges or assessments which are made against all 'Condominiums. 11.26. WAIVER O'F EXEMPTIONS. Each O'wner, to the extE~nt' permitted by' law, waiVeS, to, the extent any liens created, pursuant t6 this Article, the 'benefit of any 'homestead or exemption laws of California in, effect at the' time any asses,sment Or installm.ent thereof becomes delinquent, or any Hen is imposed. ' 11.27. TAXATION' AGAINST THE' COMMON AREA. In the event that any taxes are assessed ~gainst the' Comm~n Area or the personal property of the AssOciation, r~therthan against the, 'individual Condominiums, said taxes' shall be adtled to, the ,Regular Assessment$,and, if necessary, a Speci~n Assessment may be levied against the Condominium in an '~fnountequal to said' t~xes, to be paid in two (2). installments, thirty' (30)' days prior to tHe due dt;ti~ ~feach tax installment, or 8$ <;>therwise may be established by the 'Soard'. ".. '~ '~', ,.:<,,':. j~;_''';' ".. ' , 11.28. No Owner may eXb(Iolrt ' ;rnself fr.om personal liability for asse'Ssments levied by the Associ~tion, nor release the Condomirlium .owned by him from the ,liens and charges. hereof by waiver 'of the use or enjoyment of any of the Common, Area .or by abaridonm'ent of his' or her Condomioium .. ' .' LAVERCIA Draft DECLARATION 33 CITY DRAFT DEC.DOC • 11.29. TRANSFER OF CONDOMINIUM. After transfer or sale of a Condominium within the Project, the selling Owner. or Owners shall not be liable for any assessment levied on such Owner or Owner's Condominium after the date of such transfer of ownership and written notice of such transfer is delivered to the Asspciatio~n. ,The selling Owner ~hall still be person~lIy r~~pon$ibJe for ~.!I asse~sm~t:ltSrJiJ)g~I,,'t";~""'''$::,''_' charges levied on his or her Condominium prior to any such transfer. , -i ' '" -, 11.30. FINANCIAL ACCOUNTS. The Board shall establish financial accounts ("Financial Accounts", into which shall be deposited all monies paid to the Association and from which disbursements shall be made, as provided herein, in the performance of functions by the Association under this Declaration and the Bylaws. The Financiai Accounts shall be established in accounts at any banking, savings, brokerage or similar institution ("Institution',, provided such funds are fully insured (i) by the Federal Deposit Insurance Corporation or similar Federal insuring agency, or (ii) by a comparable account insurer. Aggregate deposits held in any single Institution shall,not exceed the limit of deposit insurance coverage available. The Financial Accounts shall include: (a) An Operating Account for current Common Expenses of the Association; (b) A Reserve Account for capital improvements, replacements, painting and repairs of the Common Area; and (c) Any Other Accounts that the Board may establish to the extent necessary under the provisions of this Declaration. (d) Except for purposes of transfer of funds upon receipt or disbursement thereof, the Board shall not commingle any amounts deposited into any of the Financial Accounts with one another. Nothing contained herein shall limit, preclude or impair the establishment of additional Financial Accounts by the Declarant so long as the amounts assessed to, deposited into, and disbursed from any such Account are earmarked for specified purposes authorized by this Declaration or the Bylaws. USE OF RESERVE FUNDS. Any reserve fund accounts maintained by the Association (including any capital accounts maintained pursuant to the above Section entitled "Financial Accounts',) shall be used for the purposes and in the manner described in California Civil Code Section 1365.5, as'it may from time to time be amended. -1,2:'-' USE'RESTRICTtONS: ,-\., 12.1. USE OFCONDOMINIUMS. No Condominium shall be occupied and used except for residential purposes by the Owners and their Invitees, and no trade or business shall be conducted therein, except that Units may be used as a combined residence and executive or professional office by the Owner LAVERCIA Draft DECLARATION 34 CITY DRAFT DEC.DOC • thereof, so long as ,s~ch l;Ise (a) doe:s not interfere with the q~iet enjo},ment by other Owners, '(b) does not include li'nreasonabie visit~tions by clients, {cl is in CQmpliance with the Zorlihg, Codes oUhe City, and (d) is otherwise authorized by such California statutory or common.l~w _" '<~, that may take precedence' over City reql,Jirements' and/or this Declaration. No health care facilities operating as a business Qr ,charity and serving, the sic,k, elderiy, disabled, handiCapped . or retarded shall be permiU~dirl the Project. The foregoing' notwithsta[ldl!1g".D~clarant'may.lJ,se~~",:-,,~ " 't'" •• , . . ' . ..... ..... ~. ~ •• _' '.,.-~:";"~'''~''_::')-''''lf.f'l, any of tne Units owned or leased by Declarant as model ,hQmes and' sales' offices during that ' time period described in the Section entitled "D,,#clarant Exemption" in the ArtiCle he'rein entitled "GENERAL PROVISIONS" 12.2. Lt;ASE OF DWELLING .. 12.2,.,1. , REQUIREMENTS OF ALL lEASES. Any Owner who wishes .to lease his or her Condominium must: meet each and every one of the following requirements, and the lease will be subject to these requirements whether they are included within a lease or not; , (a) Allle<;lses must be in writing; " (b) Unless the Owner remains in occupancy, the le~se IlH,ISt be for the entire Condominiu'm, and' not merely parts thereof, and shall inClude the Unit and its appurtenant Garage and Parking Space Exclusive, Use Common Area, if any, and no such lease shall allow the tenant to forfeit the use of-such Exclusive Use Common Area; (c) No lease shall be for a period of less than twenty-six (2S) (d) All I,eases shall be subject in all respects to the provisions of this Declaration and the other Project Documents; , ' (e) All Owners who lease their Condominiums shall promptly (not later than 10 days after entering into such lease) notify the Secretary of the Association in writing of the names of all.' tenants, and members of .tenants' family occupying ~uch C9ndominium(s) an,d shall provide the Secretary of the Association with a complete copy, of the lease. In addition, all Owners leasing their CondQmillium shall promptly noti.fy the Secretary of the Association of the address and telephone number where such Own~r can be .reached. 12.2.2. FAILURE OF TENANT TO GOMPL Y WITH PROJECT OOCUMENTS. ' (a) Any failure of a tenant to co'mply with the Prqject Dqcumer~ .: shaH be a default under the lease,. regardless of -w~ether the Tease so provides.· In. the event ~-<f atiy such default, the OWner immediately shall take all aCtions to cute the 'default ihcl~ding, if necessary, eviction of the tenant; . . (b) If any ten;:!nt i.s in violati'on of the' provisions of the Project Documents" the Associ~tion ..nay bring an action in its own name and/Qr in the name of the Owner to have the ten~nt evicted alld/orto recover damages. If the,court finds that the tenant is LA VERCIA Draft DECLARATION 35 , CITY'DRAFT DEC. DOC I ! • violating, or has violated any of the provisions of the Project Documents, the court may find the tenant guilty of unlawful detainer notwithstanding the fact that the Owner is not the plaintiff in ~he action and/or tt.le tenant is not otherwise in violation of tenant's lease. For purposes of granting an unlawful detainer against the tenant, the court may assume that the Owner or person .in whose name a contract (the lease or rental agreement) was made was acting for the benefit of the Association. The remedy provided by this sl!lbsection· is not exclusive arid is in addition tQ~;:;:"''''<' ... any other remedy or remedies which the Association has. If permitted by present or future law, the Association may recover all its costs, including court costs and reasonable attorneys' fees incurred in prosecuting the unlawful detainer action. (c) The Association shall give the tenant and the Owner notice in writing of the nature of the violation of the Project Documents, and twenty (20) days from the mailing of the notice in which to 'cure the violation, before the Association may file for eviction. (d) Each Owner shall provide a copy of the Project Documents to each tenant of his Condominium. By becoming a tenant, each tenant agrees to be bound by the Declaration, the Bylaws, the Rules of the Association and any other Project Document, and each tenant recognizes and acc~pts the right and power of the Association to evict a tenant fOr any violation by the tenant of the Declaration, the Bylaws, the Rules of the Association and any other Project Document. Notwithstanding the foregoing, each Owner is responsible and liable to the Association for the acts or omissions of its tenant, including reasonable attorneys' fees. 12.3. INSURABILITY. No Unit, Exclusive Use Common Area or improvements situated thereon shall be occupied or used for any purpose or in any manner which shall cause such improvements to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California Standard Fire Policy form, or cause the rate of insurance to increase, or cause any such policy or policies representing such insurance to be canceled or suspended, or the company issuing the same to refuse renewal thereof. 12.4. PETS. Except as otherwise provided more stringently in the zoning ordinances of the City, an Owner may keep and maintain in his Condomini'um domesticated pets such as dogs, cats or other usual and ordinary household pets as may be allowed by the Association Rule.s; provided, however, any pet which may have already been a part of an Owner's or such Owner's tenant's Dwelling prior to the adoption of a Rule that would preclude such pet, shall be exempt from such Rule for the lifetime of such pet or pets; further provided, however, that any pet may not be. kept, maintained or bred for any commercial purposes. An Owner may keep ar.:! maintain -any number of aquarium-type-fishi·-provid.ed,,-h9wever, an Owner shall revie"~ :a '1 ';; . -. consider the structural load limits and internal-drainage periaining to such Owner's Unit and tlw, - proposed site of installation of an aquarium prior to filling-such aquarium(s): with water. The foregoing notwithstanding, no pets may be kept on the Property which result in an annoyance or are obnoxious to other Owners or occupants; provided, however, that the Association Rules may further limit or restrict the keeping of such pets. No pets shall be permitted in any area designated in the Association Rules as being restricted to pets. No dog shall enter the Common Area except while on a leash whiCh is held by a person capable of LAVERCIA Draft DECLARATION 36 CITY DRAFT DEC.DOC • controlling' it.' The Association or any Owner (including Declarant) rnaycause any unleashed dog found within the Common Area to pe removed to a pound ot animal ,shelter under the appropriate governmental jurisdiction by cCi;llling the appropriate authorities, ,whereupon ~he-, Owner mc;ty, upon payment of ~lIexpenses conAected therewith, repos$ess the dOl~,. No dog , whose proionged barking (or other prolonged noi$e-producing pet) unreasonably disturbs, other , , ... :-1, bwnersor occupants shall be permitted to remain in;th~,.project •. '-Persops'bringing or'ke~ping;~q~'t~~:',~ pet within the Project shall prevent their pets from soiling all portions of the Project wbere,:othef~ , persons customarily walk or otherwise occupy from time to time' and shallp'romptly clean up any mess left by their pets. Each person bringing pr ,keeping 'a pet within the, . Project -shall be absolutely liable to the Association and other Owner$ and their Invitees for' any damage to persons or property caused by any pet brought upon or kept upon the Project by such PE!rson or such Owner's Invitees. ' ' 12.5. INTERFERENCE OF OTHER OCCUPANTS. No Unit or Exclusive Use Common Area shall be used in such manner as to obstruct or interfere with the enjoyment of occupants of other such areas or-annoy them 'by unreasonable noise or otherwise, nor shall any nuisance be GOrTlInitted or permitted to occur in any Condominium nor on the Common Area. 12.6. SIGNS. No signs, placards, decals or other similar objects, visible from the Private Street, neighboring property or streets, shall be, erected or displayed on any Condominium or the Common Area, without the prior written p~rmissian of the Soard; , provided. however, t/1e following signs ,shall be permitted, ~II of the foregoing of which shall conform 'with appHcable local governmental ordinances: , (a) SU,ch signs as may be requir:ed bY,legal proceedings; (b) One or more signs displayed by an Owner or the Owners agent" on such Owner's Condominium or on real property owned by anoth~r with that Owner'~ consent, which is reasonably located, in plain view of the public, and is af reasonable dimensions and design, advertising the following: (i) that the Condomir;Iium is for sale, lease or exchan'ge by the Owner or the Owner's agent (ii) directions to the Condominium, (iii) the Owner's or agent's name, ·and (iv) the Owner's or agent's address and telephone number; , (c) Two (2) signs not to exceed l' x l' in size, advertising or noticing the existence of a security system on' which such sign is located,' :ahd,any number of secl:.lrity S)'~Jf~!l1 Vlindow signs not to, exceeding sixty-four inches ,(64") square in slze.:No such security , ,~!$},q,s _~s~all be aiL j'y;t$ to the exterior of a Condominium Building; , , ' .~~I'!,:~~'~ ;.~~-. . . .. .'"- " (d) Customary window dressings' placed' in observance Qfnatiohal, or feHgious holidays; (e) Outing the time of constru'ction of the Project or anyporti'on thereof, job identification· signs haVing a maximum face area o.f six (6) sql.Jar~ feetcper sign and of the type usually employed by,architects, contractors, ~ubcontractbrs, tradesmen, and ,lenders. LAVERCIA Draft DECLARATION 37 " CITY DRAFT ,DEC.DOC -----~------------------. (f) Anything contained in this Declaration to the contrary notwithstanding, Declarant shall have the right, during the time period described in the Section entitled "Dec/arant Exemption" in the Article herein entitled "GENERAL PROVISIONS", to install and maintain such signs, flags, poles and advertisements as it deems appropriate in connection with its sales, financing, or construction ,program for the sale to the public of Condominiums" . ~ . provided such signs shall comply with the local zoning ordinances, that -all' ,City" ·or· other-.r ~-: .;.::i .....• " . governmental approvals therefor shall be obtained and that they do not unusually interfere with the right of use and quiet enjoyment of the Owners and occupants. 12.7. EXTERIOR LIGHTING. Any exterior lighting installed on the Common Area (including Exclusive Use Common Areas) shall either be indirect, shielded or of such controlled focus and intensity as to prevent glare on surrounding properties and unreasonable disturbance to occupants of other Dwellings i~ the neighborhood. 1"2.8. ANTENNAS, SATELLITE DISHES. No alteration to or modification of a central radio and/or television antenna system or cable television system, whichever is applicable, if developed by Declarant, a cable television franchisee or. third party utility service, and is maintained by the Association or .said franchisee or utility service, shall be permitted. No Owner or Invitee may be permitted to construct and/or use and operate his own external radio and/or television antenna, "Citizens Band" (C. B.), . amateur radio, microwave transmission, satellite dishes, DBS dishes or other similat electronic receiving or broadcasting devices, except in accordance with the Association Rules and/or Architectural Standards promulgated therefor and in compliance With all local, state and federal laws and regulations, as they may from time to time be amended. Nothing herein stated is intended to obligate Declarant or the Board to install a master antenna system. All fees for the use of any cable television system shall be borne by the respective Owners, and not by the Association or Declarant. 12.9. REMODELING THE 'COMMON AREA. Except as otherwise specifically provided herein, nothing herein contained shall give the Owner the right to paint, decorate, remodel, landscape, adorn, alter, construct in or remove from any part or parcel of the Common Area and without the written consent of the Board. 12.10. POST TENSION SLABS. Certain . portions of the Common Area fOLmdation c:mcrete slabs of a CondomiQium Building. may have been cons.tnlcted wH.i'l rost-tensioned concrete slab system ("System") . .The System involves placing .steel cables under high tension in the concrete slab . comprising the fiJ$t or 10w~sHloor/foundation sf a Condominium Building (which may include the floor/foundation below one or more Units). Any attempt by an Owner or other person to alter or pierce the foundation (e.g., saw cutting or drilling) could damage the integrity of the System and/or cause serious ilijury or damage to persons and property. No Owner shall cut into or otherwise disturb the System upon which the Dweliing on his Condominium is constructed. Each Owner shall be responsible for determining whether his Unit has been constructed with LAVERCIA Draft DECLARATION 38 CITY DRAFT DEC.DOC such a System. The Owner of each Unit agrees, by acceptance Q.f a DeeQ"to the Unit; that neither Declarant nor any contractor of Declarant shall be responsible for any dam~ge orinj!Jr)' resulting from or arising in connection with the alter~tion or piercing by the Owner or Invitee thereof of the slab or the foundation of a Condeminium Buildin~lj, ' E~ch Owner shail hold harmless from and indemnify Declarant, the Beard, the Architectural Committee ,and the • "."';-Associi:ltion against all claims, demands, losses, costs -(incilJdingattomey's fees),,'ebligation~}~$?t~'!;:j~"'; and liability arising out of or in connection with the failllre of the':'Owner to comply with the,'" provi,sions of this Section. 12.11. OFFENSIVE ACTIVITIES, AND CONDITIONS. No noxious or offensive activity shallb$ carried in any CO'ndomini,um, or on 'the Common Area. No odor sMail be permitted to arise ,from anY' CondominiuJTl whiCh rend~rs the Condominium or any portion thereef unsanitary, ,unsightly or offensive to any portion of the Project or to it$ occ.upants. No noise or other nuisanCe shall be permitted to exist or operate upon any portion of a Condominium s6 as to be urirep~onably offensive or detrimental to any other part of the Project or te "its occupants. "NoexteJior speakers, horns; whistles, bells 'or other " sound devices '{other than security devices used', exclusively for security purposes} Which, unreasqnably disturb other Owner or their tenants shall be ,Io~teq,used or placed in any Condominium or the Common Area. Alarm devices used exclusiVely to protect the security ota Dwelling ahd its contents shalLbe permitted, provided' that the devices do not produce annoying sound or conditionS as a result of frequently occurring false alarm~. 12'.12. GARBAGE AND R~FUSE DISPOSAL. All rubbish, trash and garbage shall be regl,Jlarly removed from Property, an<;i shall' not be allowed to accumulate thereon. Trash,garbage and other waste shall not b.e kept except in sanitary containers designed for such purpose. The Board may require, pursuant to its Rules,' that all g~rbage and other wastes be ~egregated and $uch' ,segregated elements be s,eparately packaged (for example, all cans; glass, paper product$ and other items 'of trash 'be segregated from each other an~ separate packaged, for pickup and disposal, by a garbage ahd waste disposal company ora departm~nt of any governmental agenGY having jurisdiction, over the Project). All equipment for storage or disposal ot sUGh materials shall be kept in a clean and sanitary condition. All equipment, trash bins or cans 'shall be kept screened' and concealed from view of other Dwellings and the Common Area .. 12.13. WOOD OR STORAGE;, PILES. . ", , All wood or storage piles shall '~e kept screened an9 concealed in 'such manner as to not be vis'ible from neighborins property and the Cori1m.O{h~~~a . .. :' i-," 4-.. 12.14. FENCES; WALLS., . No fences or walls shall be ~rected or maint:;tih~rJ:'~;~t,}'1'1 the Property except $ucll as are install~d in accordance'with the initial constructi<?n ofimFiftiVement$ .on the Property or as approved by the Board or its delegated committee., ." " '. " LAVERCIA Draft DECLARATION 39 CITY DRAFT"D,EC.DOC " , s~, ~,. 12.15. CLOTHES LINES. No exterior clothes lines shall be erected or maintained, and there shall be no outside drying or laundering of clothes anywhere in the Project, except in such areas which may"-''' .... ~"·, ... ·'·-;. be approved by the Board or its delegated committee. 12.16. PATIOS AND YARDS. '10 "-. Patio and Yard Exclusive Use Common Areas may be used for placement of lawn/patio style furniture, barbecues, potted plants, and other usual patiO equipment and furniture; provided, however, no potted plants may be placed upon or over any balcony railing above an area where someone or something may be injured or damaged in the event such potted plants or other objects should fall <;iqwn. An Owner shall not allow any water to run off any Patio or Yard onto the Common Area. Owners shall place trays under all potted plants. Fireplace wood may also be stored, provided it shall be kept in a container whi9h may be .sealed so to mitigate the infestation of termites and other pests, screeneq and concealed from view of other Condominiums, the Common Area, public and private streets. Patios and Yards may not be used for storage purposes, No draping of towels, carpets, laundry or other articles over railings or walls shall be allowed. The foregoing notwithstanding, the Board or its delegated committee, shall, in accordance with the Rules and the ARCHITECTURAL AND DI:SIGN CONTROL Article herein, have the ultimate authority to establish, determine, approve and/or disapprove such rules and regulations affecting the placement, storage and nature of items permitted on Balconies. 12.17. WINDOW COVERINGS. All drapes, curtains, wineow coverihgs, shutters or blinds visible from the Common Area or public areas shall be beige or white or neutral-toned in color or so lined. Other colors, materials and patterns may be used, provided they are approved by the Board or its delegatee committee. No window shall ever be covered with paint or aluminum foil; provided, however, non,.reflective solar films shall be permitted. 12.18. CAR MAINTENANCE AND POWER EQUIPMENT. 12.18.1. CAR MAIN·TE:NANCE. No car maintenance, servicing, repairing, assemb!ing, disassembling, modifying, restoring, other than emergency work, shall be permittee in a Condominium or the Project, except with prior written approval of the Board for minor repairs only. The foregoing shall not be deemed to prevent the washing or polishing of motor vehicles together with those C' -tiv!ties nO:'mt1I1y incident to 'such activity .. The length.of time allowed for emergen.cy or approve:d r,"dnor I e~'t~i:' '.Alorl, shall be determined by the Board thrQugh· the ~ules.· . The' foregoing nutw;ttlSt:':n1din~,' no t::imergency or repair work 'shall be "p'ernifhed in any r~.~ •• continuous period of ·tw~:·'I~y-7uur (24) hours, 12.18.2. POWER EQUIPMENT. No power eqUipment (other than "hand-held" power tools) or other similar apparatus may be used in the Community, except with the prior written permission of the Board or its delegated committee; in deciding whether to grant approval, consideration shall be LAVERCIA Draft DECLARATION 40 CITY DRAFT DEC. DOC given to the effect of noise, air pollution, dirt or grease, ·fire hazard, inteiierence with radio, television reception and'$imilar objections. The foregoing notwithstanding, the u's,e 6f power'" "" equipm~ht in connection with 'any construction sctJvity alithorized by the Declarant, 'the BQard or , , " '. '. .:if'~.i.:...~'f.-' # .. ~ • , its delegated committ~e shan be pertnitted,prov.id~dthe same is conducted 'exclusively' petween the hours of 7 a;rn. and6 p.m., except in the case 6f an Emergency. 12.1·9~ USE OF COMMON ARE,A. ; , '>",,~: ..... " .. ; ,.~c ",.~'",. ·,:£{':.;~,:;:";:~~~~~ti~~~ ,Except as otherwise provided here!n, theQ9mmon Area shall beimproved:,and used only for the f.oliowing PlIrposes: . (a) Affording vehicular ,pass~ge, temporary and e.niergency parking, ~nd pedestrian movement within the Project,'inclu9ing acces:s to the Dwellings; . , , (b) Recreational use by the 'Owners and 6ccl\pants of ,a D.welling and their' Invitees, subject to the Rules;' , , '( c) 'Beautification of the Common Area and providing, 'privacy to the' residents of the Project through landscaping ,and such other means as the Board or' its deiegated committee shall deem appropriate; . , (d) Parking of aotomotive passenger vehicles in ~reas provided therefor as may be designated and approved by ,the Board ,by such persons, upon, such terms ~nd conditions and fot :suc~ fees as may from time to time be 'determined by the Boai'd; . (e) As E:xclusive US,e Common Areas to be usedJn the manner herein'after described. Nothing herein c6ntain~d shall be deemed to allow persons other than th~ Ownetof a Unit to which an, Exclusive Use Common Area is appurtenant (or ,his Invitees) to the enjoyment arid use thereof ' (0 No part of the Common' ,Area shall' beobstnJcted so. as to interfere with its use for the purpose$ i;lereinabove permit,ed, (lor shall any p~rt of the Common Area, be used for storage purposes -(except as inciciental to one of such permUted uses, or for storage Qf maintenance eqUipment used exclusively to maintain the Common Area or in storag~ ~rea$ designated by the Board), nor in any manner which shall increase the rate of which insur;ance ,against loss by fire, or theperits of the extended coverage endorsement to the California Standard Fire Polic;y form, or bodily injury, or property damage liability Tns~rance covering, the Common Area and improvements situated thereon may ,be obtainedJ or cause such premi~~s ~o be uninsurable ~gainst .such risks qr any P'oIi cy, or ;policies r~pres,enting suc;h insurance to b$ canceled or suspended. or the 'comp~ny issuh%i '~'':\ca ':S~r:ne' t9J~Hf~e r~~i.r'~1 ther:eof.' , " , '. : ) '1220 EXCLUSIVE tJ~fUH"'"i\!'" ~"'-, .: /';;;'::" ::;. .. ~,:i"; -,"j"~, •• ,Yo~; f:~~~, "£'~'~:,7-'· . . ," ,~":~/:~';:] >",v~-r.~ . . The Board shall' h,.:ry,,::dhci: right to alloW' one Ormofel-;Owners to excll;lsiyely !;ise portions of the otherwise nonexclusive Common Area, provided that such' portions of the Common Area ar~, n.ominal in area anci adjacent to the Owners Unit, alid, provided further, that such use does not. unreasonably interfere with any other Owner's use or enjoyment ,of the Project. ' LAVERCIA Draft DECLARATION 41 ,CITY DRAFT Dt;C.DOC ---------------------------------------------------. 12.21. LIABILITY FOR DAMAGE TO COMMON AREA. Each Owner shall be legally liable to the Association for all damages to the Common Area or to any improvements thereof or thereto, including but not limited to~' the" ~.,., buildings, facilities and landscaping, caused by such Owner, his licensee or any occupant of such Owner's Living Unit, as such liability may be determined under California law. Each Owner, by acceptance of his deed, agrees for himself ·and for his family, guests, tenants ahd": invitees, to indemnify each and every other Owner, and to hold each Owner harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the Living Unit of that particular Owner and within any Exclusive Use Common Area appurtenant to the Owner's Unit, unless the injury or damage occurred by reason of the negligence of any other OWher. Each Owner shall be responsible for compliance with the provisions of the Declaration, Articles, Bylaws and rule$ of the Board by his guests, lessees and all occupants of his Unit, and shall, after written notice and an opportunity for a hearing as provided in the Section entitled "Penalties Against Members", pay the fines and penalties assessed pursuant hereto, the Bylaws or the Rules and Regulations for any violation by his guests, lessees and occupants of his Living Unit. 12.22. INTERIOR OF CONDOMINIUMS; MODIFICATIONS; HANDICAPPED ACCESS. Subject to the provisions of this Declaration, applicable provisions of law arid Civil Code Section 1360, as it may from time to time be amended, each Owner shall have the right, at his sole cost and expense: (a) To make any improvement or alteration within the boundaries of his Living Unit that do not impair the structural integrity or mechanical systems or lessen the support, of any portion of the Common Area; (b) To maintain, repair, repaint, paper, panel, plaster, tile and finish the interior surfaces of the ceiling, floors, window frames, trim, door frames and perimeter walls of the Unit and the surfaces of the bearing walls and partitions located within the Unit and ,to substitute new finished surfaces in place of those existing on said ceiling, floors, walls, and doors of said Unit; (c) To modify his Living Unit to facilitate access for persons who are blind, visually handicapped, deaf, or phYSically disabled, or to alter conditions which could be hazardous to these persons. These modifications may also include modifications of the route from the public way to the door of the Living Unit for the purposes of this Section if the Unit is on the. grqund flOor or alr:eady accessible by an existing ramp or ~Jevator~ The 'right granted herein is subject to the following conditions: ' ('1 ) applicable building code requirements; The modifications shall' 'be cons'i's~nt with (2) The modifications shall be consistent with the intent of otherwise applicable provisions of this Declaration pertaining to safety or. aesthetics; LAVERCIA Draft DECLARATION 42 CITY DRAFT DEC. DOC " (3) Moqific:ati9ns external to the Living Unit shall not prevent reason~bl~ passage by other, residents, and shall'be removed by the Owner when ,the' Condominium iSliQ, longer ocCupied by' persoAs.' requiring those modifications who are blind, visually handi~pped, deaf, or. physically disabled, , , . Any OW[l:r who wishes to,m.odify his Living .l;Ini~ purs~ant to thi,s ~~~on'1§,~j!M;;":~Ji~~iS't~. comply. With th~ provIsions of the,' "Architectural And Design Control" Article :hereafter ' . regarding the review and approval by the' Board or its' delegated c:ommitteeof such modifications, Which approval shall not be unreasonably withhejd. ' 12.23. MERGING UNITS. The Owner of two or more contiguous Living Units may, with the consent of the Board or its delegated Architectural Committee (which consent' shall not be unreasonably withheld), construct, at his expense, and .in accord~nce with deta.iled plans·,apprdved by the Board or .its delegated committee, merge such Units into one living area; The Owner who has connected the Units in, suth manrier sha'lI have an easement for ingress, egress and pa'ssage through that portion of tl:\e Common Area which 'has been pierced iii the process of constructing said merger. Said easementsh~1I exist only for so long as the Uhits are merged hito one Unit. Such easement shall 'al:Jtomatically be terminated and .the Units cqn'1pletely reconstructed to their original as-built con:difion at such time that the Owner of such Units sells, transfers or conveys ,anyone (1) Of the Units compl1ising such merged Unit, in Which case, r~constructlon of the Common Area shall; be accomplished, at such Owner's expense, prior to,the recordation of the deed or instrument' of transfer. . . No bearing walls shall be removed, altered or damaged in the course of such construction. No modifications tp any portion of the Common Area shall be made which affect the structural 'integrity of the' Project or impair any other Owner's reasonable uSe of suCh Common Area, or the utilities that may be located therein, o"r the value of the Project All costs and expenses of such modifications, and subsequent restoration of said modifications shall be borne by the Owner of the Units so merged. At the r~q~est of the Soard, after ~ppr6val of the proposed modifications ,by the Board and prior to commencement of. work, the Owner' making such .modifications shall post a bond or bonds in an amount acceptable to the -Board to protect the Association and the Project against liens and to insure completion of the work. In merging Units, an Owner shall have such reasonable accesS to other Units that he does not own as may be required to accomplish the modificatjons approved by the Board or its delegated committee. Such modifications shall not, however, change the st~tus of Units which shall continue to be treated legally as separate Units" each requi"red to pay its separate assessment. 12.24. , ~XCLUSIVE USE. COMMON AREAS. Each Exclusive Use Common' Area shall be (a) appurtenant '~o 'the Ui'ilt"i;:1'-'~:t, ' which the, Exclusive Use Common Ar~a is GOnveyed, and (b) used only for the purp6s,es,:s~t forth 'inthis Declaratiort The· .right :to' so: use an' Exclusive Use Common Area shall b~ exercisable only' by the Owner, of the Condominium. appurt~nant thereto and/or said Owners tenant~· and licensees. Conveyance of a, Condominium shall effect conveyance' of Exclusive Use, Common Areas appurtenant thereto and tr~nsfer all rights ther:eto to the vest~d Owner of the Condominium. Any license thereto $.r~1I be terminated upqn such conveyance: No Exclusive Use Common Area nor any rights thereto (other than said revocable licens~s)sha" be LAVERCIA DrQft 'DECLARATION 43 CITY DRAFT DEC.DOC . -, . " . -~----~--------------------------------...,..., transferred or conveyed apart from the Condominium to which it is appurtenant. Each I;xclusive Use Common Area shall be deemed to be Common Area for all those purposes set forth in this Declaration which are not inconsistent with this Article or the "ARCHITECTURAL AND DESIGN CONTROL" Article hereafter. Except as provided in this Section and in the "lnter/Qr of Condominiums; Modifications; Handicapped Access" Section above, nothing contained herein shall give an}' Owner the right to paint, decorate, remodel._or al!~r,,~aid Exc~~s,iVt~u"~j~~,l~.M~{ti)lJ~,, Common Area or any other part of the Common Area without the prior written consent Of tfti'''' "l:W .... ~, ~: Board or its delegated committee in accordance with the provisions of the "ARCHITECTURAL AND DESIGN CONTROL" Article herein. 12.25. VEHICLE RESTRICTIONS. 12.25.1. PROHIBITED VEHICLES. No trailer, recreational vehicle, camper, camp~r shell alone or when on a vehicle and it is higher than the cab or longer than the factory bed of that vehicle, bus, truck over % ton, all-terrain vehicle (ATV) , boat trailers, commercial vehicles (except as described in "Permitted' Vehicles" below), permanent tent or similar equipment shall be permitted to remain upon any area within the Community other than temporarily for purposes of loading, unloading. "Temporary parking" shall mean parking of vehicles belonging to Invitees or Owners, delivery trucks, service vehicles and other commercial vehicles being used in the furnishing of services to the Association or the Owner and parking of vehicles belonging to or being used by Owners for loading and unloading purposes only. No noisy or smoky v.ehicles shall be operated in the Community. 12.25.2. RESTRICTED VEHICLES. No inoperable or unlicensed vehicle shall be permitted to remain upon any area within the Community in such a manner that it is visible from the Common Area, neighboring property and public roads. Motorcycles and motorbikes shall be permitted, provided they are operated at noise levels not exceeding 45 decibels. The storing, plaCing or parking of any vehicle, or any part thereof, which is disabled, unlicensed, unregistered, inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted within a garage. 12.25.3. PERMITIED VEHICLES. Automobiles, standard-sized vans, boats on trailers and pickup trucks shall be permitted vehicles within the Community. Permitted commercial vehicles shall include automobiles or standard sized vans and pickup trucks which are used both for business and persoRal use, ,provide.d that any signg.;of:.markings, of a commerciaFh,ature on such \l1~hjci(1l:;. . ~baJ! be unobtrusjve·and-inoffensive-as det~tr-iecf.bY'the Board; .~' .. -. .- 12.25.4. eONSTRUCTlON-AND SALES VEHICLES. Trailers or temporary structures for use incidental to the actual construction or reconstruction of Improvements in the Project may be ere'cted with the approval of the Board or its delegated' committee, but no such temporary structure shall remain in the Project for a longer period of time than is customarily required to construct like or similar LAVERCIA Draft DECLARATION 44 CITY DRAFT DEC.DOC '. Dwellings., The foregoing notwithstanding, Declarant or Declarant's successor in-interest may maintain trailers 'or-temporary structures within the Projecfwhich are' incidental to the completion of the Project or for initial constru~tion on pr9perty, owned by Oeclarant and situated in~,the. vicinity of ttle Project. . 12.26. "'.-_ PARKING SPACES, CAR~ORTS AND GARAGeS., .... -' 'S"'. ,*(~~,~~¥~~~~t~ Parking' Spaces, Carports and Garages shall be used ,to park alltomobiles, standard sized piGKUp'irucks, boats on trailers or standard sized van$;provided that such vehicles may be fu"y·elilcl6sed or contained therein and not interfere with the reasonable'access' to adjacent vehicles,' and such vehicles to the contrary shalf not be permitted in the-Project. No oWners Or theJr tenc;ints shall park more vehicles in the Community at ,any' one time than the number ,of vehiCles ,that their Parking Space', Carport or Garage Exclusive Use Common Area was designed to. accommodate.' No Owner shall block Qr impede access ,of fire fighting' ,equipment to private streets and fire hydrants within-theCommon Area. The .. Board may; frCJrn time to time, establiSh rules and regulations for the ·operation and parking of vehicles in the Common Areas· and such activities related thereto,., Any permission from the Board for use of an unassigned parking 'spage,' if any, will create only a license' to use such parking space, revocable at any time by the Board with three (3) days' written notice. ' 12~27. TOWING .. Any vehicle within the Community' parked in violation of this Detlaration or the . Rules and H,egulations of the' Board ,mCiY be rem.oved as provided for in accordance with the provisions of California Vehicle Code Section 2265R2 and any amendments thereto, or in ·a.ccordance' with City ordinances. Notwithstanding the foregoing, 'the AssoCiation may cause the removal, without notice, of any vehicle parked in a marked fire lane., within fifteen (15) feet of a fite hydrant, or in a manner which, interferes with any' entrance to or exit from the Project 'or any Conqominium Unit, parking space, garage or driveway located thereon. ,,' The Association: shall not be .,liable for any ,dc;lmages incurred by the vehicle owner because of the removal in compliance. with this Section or Jorariy damage to the vehicle caused 'by the removal, unless such, damage resulted from the intentional or negligehtact of the Association 'or any person causing the removal of or removing the vehicle. 1.1 requested by the o~ner of the "vehicle,theAssociati6h shall state the grounds forthe removc;ll of the vehicl.9. 12.28. LIABILITY FOR DAMAGE TO C.OMMON AREA. -, ~.~;: ,:;~.,: .' . Each Owfl.er shaJl, be liable to· th.e .Associatiof"! and to the remaining Owners' for . 'aDY gam.sg~ to. the Common 'Area that may be. sl,lstained:by' reasons.'of"the.negligence' of thpl. Owner, his invitees' or~any occupant of such Owner's Dwelling, as such liability may· bf determined under California jaW. Each Owner shall be .responsible for cOmpliance with th~, provisions of the Declaration, Articles,Bylaws and Rules of the' Board or Architectural Standards·, by his Ihvitees,andshall,~ after-written notice and an appointmertffor a· hearing, pay the fines and:penalti.es assessed 'Pl:IrSLiant hereto, the Bylaws or Board rules :for any violation by his Invitees. ' :. LAVERCIA Draft DECLARATION 45 CIlY 'DRAFT DEC~DOC 13. ARCHITECTURAL AND DESIGN CONTROL 13.1. GENERAL. The powers and duties set forth in this Articl~ sh~!t ~e ~~~ted_in! .C!'lq>7~~rpt~ed,.. ~ by the Board of Directors of the Association; provided, "however, the Board inay,'~p~rt~~·¥.'··~ unanimous approval thereof, delegate its powers and duties to an Architectural Committee consisting of not less than three (3) nor more than five (5) members. In the event the Board elects to delegate such powers to an Architectural Committee, prior to conversion of the Class B membership in the Association to Class A membership, Declarant may'appoint all of the original members of the Committee and all replacements until the first anniversary of the issuance of the original final Public Report for the Project; additionally, Declarant reserves to itself the power to appoint a majority of the members to the Committee until ninety, percent (90%) of all the Condominiums in the Project have been sold or until ,the fifth anniversary of tt.)eissuance of the final public report for the Project, whichever first occurs. After one (1) year from the date 'of the issuance of the original Public Report for the Project, the Board shall have the power to appoint one (1) member to the Architectural 'Committee until ninety percent (90%) of all of the Condominiums in the development have been sold or until the fifth anniversary date of the issuance of the final Public Report, for the Project, whichever first occurs. Thereafter, the Board shall have the power to appoint and remove all of the members of the Architectural Committee. Members appOinted to the Architectural Committee by the Board shall be from the membership of the Association. Members appOinted to the Architectural Committee by the DeGlarant need not be members of the Association. A majority of the Architectural Committee may deSignate a representative to act for ,it. In the event of death or resignation of any member of the Committee, the successor shall be appOinted by the person, entity or group which appOinted such member until Declarant no longer has the right to appOint any members to the Committee, and thereafter the Board shall appOint 'such a successor. 13.2. RESTRICTED ACTIVITY. I No building, fence, wall, obstruction, outside or exterior wiring, balcony, screen, patio cover, tent, awning, carport, carport cover, trellis or other similar type of above ground improvement or structure of any kind, or exterior alteration shall be commenced, ere,cted, placed, painted or maintained upon the Project, nor shall any alteration or improvement .of any kind be made thereto, nor shall any outdoor umbrellas be erected, extensive I~ndscaping of Balconies or Yards visible from the street or from the Common Area be unqertaken, until the same has been approved in writing by the Board .... -" PLAN. SUBMISSION; REVIEW .. . !_;..._. •• ~ -' ',,' " ~ • --. "!'--.-'-' --.;:.: ..,.:. ' •• ,"' .. ' ." .. -...~~ .-. ,:C9rnplete·preIirtlin~..y :pJans andspec~fications.S:bowing the rlatu~e"kind"shape" • '""/ " colo~ siz.e,· I}eight, ~matertE,ls to 'ceused and location pf. any· proposed improVements or' .. : . alte.r..ations ·~ha" .be· submitted to the Board for -approval as to:'quality of workmanship, . .<;fesign. '. -.-and harmony' of external design with existing structures, andas to locationin relation to surrounding structures, topography, and finish grade elevation. In the ,event the Board fails to approve or disapprove the preliminary plans and specifications within thirty (30) days after the same have been duly submitted to it in accordance with any Architectural Standards regarding such submission adopted by the Board, such preliminary plans anq specifications shall be LAVERCIA Draft DECLARATION 46 CITY DRAFT DEC.DOC ':' .. deemed to have been ,approved by the Board. Thereafter, the Owner of the Unit forwhich s(Jch preliminary plans and specifications have been approved ,may proceed with th~ preparation of final plans and specifications, and upon completion thereof; submit such, final plans and ~, specifications to the Board for conformance review to the preliminary plans and' specifications. In the event the Board' fails to approve or disapprove the final plans and specifications\vithlh' ,"';""';'.,,,-: ".forty:fjve (45) days afterthe ~arl1e'~;!:lav~::.~~~!l"n9"!Jy.,~_~brnitt~d ~to,·jtd.n, "~~~r9~~~,~With/!:9Y~~~' Architectural Standards, regarding s~ch sqbmls~lon adopted by the Board, suCh final plans a'nd ,'- specifications shall be deemed to have been approved by the Board and the related: covenants . " shall be deemed to have been f~"y complied. ' 13.4. BOARD APPROVAL. The Board shall approve proposals or plans and specifications s~l;>mittedfor its approval only if it deems that the construction, alteration, addItion or other construction activity contemplated thereby in 'the locati.ons indicated will' not be detrimental to the appearance of the Project and surrounding real pro'perty as a whole, 'and that the .appearance of any' structure or other improvement will' be in harmony with the,surroLindirig structure's and improvements. ' 13.5. APPROVED CONDITIONS. , The Board may condition its approval 'of proposals or plans and specifications ,on such changes thereto as it deems appropriate, and may require ,sLlbmission of additional plans and speCifications or, other information prior to appr0ving or disapproving· materials submitted: The Board may adopt, amen<;i or'supplement its Architectural Standards{~lcOncerning design and materials standards,' rules and 'guidelines' for construction' activities, (b) setting 'forth procedures for the submission of plans for approval, and (cl specifying additional factors which it will take into consideratioh in reviewing sUQmlssions. The Board may require such detail in plans ahd speCifications submitted for its, review as it deems proper, including, without limitation, Jloor plans, site plans, drainage plans, el~vation drawings and description or samples of plantings, exterior materials, and Golors. Until receipt by the Board of all plans, specifications br other materials' deemed necessary by the Board, the Board may postp~ne review of any plans submitted for approval. ' 13.6. EXEMpTED FROM REVIEW. No permiSSion or approval shall, be r.equired itO' repaint or rebuild any Improvement in accordance witli DeClarant's original color scheme or plans c:ind specifications, or as previously approved by the Boar~. Nothing contained herein shall -be construed to limit the right of an Owner to paint the interior of his Living Unit any color desired, or to improve or c:l1ter a,ny improv~meht$, within the. in.terJor bOuridr."~~N of the Owner'$. living ,Unit, provided such, _ ... ' . . . . . -. ..... "','~' -. ---..... improvement or ,alteration .doE;!$' w::tif:'-, ,::.;.~?,,;!j ?~tf~i:;j!;f;;~' integriti. of any Common ,A·re,a,. ·tn~· . ~---. _~. -. '~ u'tmtiesi"qr ot~r sY$temSt-~ep.;')lc .. in.~; .*7q, ·t.~,f)inf,x.·t\ :'~f~'J~r ,ot}'1er CQlidomini,urtls/and does h.ot-··· ~ ", :, ;--.. <'" ,involve altering anY'Common A~>vi4 n~Glj ,;i;(m ~e"aring walls): The prbvision~ of this Article sHall :", ., not ,apply to the' initia[constrtiS~l'm b.>; ~:'1eclarant ofan.y improvemehfs in the Project, and the Board shall have no authority 6r'rigll~ to approve or disapprove thereof. LAVERCIA Draft .DECLARATION 47 , CITY DRAFT DEC~boc 1.3.7. DUTIES. It shall be the duty of the Board to consider and act upon any and all proposals or plans submitted to it pursuant to this Declaration and any Architectural Standards adopted by the Board, to insure that any improvements constructed on the Condominium by anyone 'otliler . ,than. Declar~nt conform here~ith" t~ per{orr:n ,othe~ du.ti~s.g~l~g~te~.te it ~¥ ft~~e'f9l~t~9.~~JlIJj&~~4.Jt"i"\~\'· the time penods set forth herein, and to carry out all other duties which may De .Imposed' upon'·it ~~' •.. ~~ :.', ' by this Declaration. The Board, in its own name or on I;>ehalf of the Association, may exercise all available legal and equitable remedies to prevent or remove any unauthorized and. unapproved construction or improvements on the Property or any portion thereof. The Board shall have the right, upon reasonable notice, to inspect any and all improvements made by an Owner. The Board shall have a duty to keep and maintain a record of all action from time to time taken by the Board' at all meetings or otherwise. 13.8. COMPENSATION. Board members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in the performance of their duties hereunder. Provided, however, any Board member may receive compensation in the event he or she renders services in a professional capacity. 13.9. FEE FOR REVIEW. The Board ,shall have the right to establish a reasonable fee for the review and approval' of plans and specifiCations which must be submitted to it pursuant to the provisions of this Article or the Bylaws, which shall be reasonably related to 'the duties performed and to cover any expense incurred ir:l obtaining professional review assistance from licensed engineers, architects or contractors. 13.10. ARCHITECTURAL STANDARDS. The Board may, from time to time and in its sole discretion, adopt, amend and repeal, by unanimous vote, rules and regulatiohs to be known as "Architectural Standards or Standards" Said Standards shall in.terpret and implement the provisions of this Artide by setting forth the standards and procedures for Board review and guidelines f()r architectural deSign, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in the Project; provided, however, that said Architectural Star1dards shall not be in derogation of the stc:mdard$' required by this Declaration. The Architectural Standards may provide for the pre-approval. or ·exemption from approval of certain specified typ~s or categories of improwements, proVi~'~ed. th~t such, pre-approved or exempted cor-tstructiol) activit,ie,s are· implem~,)tr~d by~; .:"'~ ~~",~d Owner in -cenfor-manca: .With the,'. __ .;. ,st~nsfa($Jor,de~igr)t,·ma.terialsF;·rd<I+,;·'·'" , ..... j. "', )'.~~·iishi::d in th~ Architectural~Stand~rd$ for: . 'St:JCb::/pr-e-approved or exempteG. '_,:1"j;,,::;': .,!'1 ::~";(Ivltie~. Ihe Bo'ard ,may"from time to tillie adqpt, stlPRlemenJ or amend the Arc!'lrtt';,.,.!.~:';rar $tand~rd~ to establish" expand, limit or oth~rwise modif.y· the .categories and criteria for any pre-approved or exempted construction activities. LAVERCIA Draft DECLARATION 48 CITY DRAFT DEC. DOC ......... =-. ~~. ' .. -. 13.11. DESIGN CRITERIA. The Board shall review and approve. or disapprove all plans submitted to it for any proposed improvement, alteration,. addition or other construction activity on the b~sis of satisfaction of the Board with any of the following, as may,'be ~ppropriate:.·grpding pl~n,I()'cat.ion _pf.ttJej~proy~m~nts onJh,e Prope.r:ty, fini,sJl~~ g~ound",~.~~v~yq9' ,~lor.)~9J.:l~:m~,:!lJ;.l'~~liri~'?jlgo. proportions, architecture, shape, height, style,' appropnatenessof proposed. improvein~ht affect on adjoining Units, Condominium Buildings and/or other Improvements within the' p'ropeliy, the materials .to be .used; the kinds, pitch or type of [qof proposed, the planting, 'landscaping, size, height or location of vegetation, and onihe b~sis of aesthetic considerations and the overall benefit or detriment to the Project ~nd,surroundihg real property generally which would result from such .improvement, alteration, addition br other construction activity. Although the Board shall take into consideration the aesthetic aspects. of the architectural designs,' placement of buildings; landscaping, color; schemes, exterior finishes and materials, and similar features, it shall not be responsible for reviewing, nor sha'lI its approval'of 'any .plans or design be deemed approval of any plan or design from the standpoint of ade,quacy ,of dtaJnage, structural safety or conformance with building or other codes. The Board approval of any particular construction activity shall expire and the plans and. specifications therefor shall.be resubmitted for Committee approval if substantial work pursuant to the approved' plans and specifications is not commenced within one (1) year after the Board 's approval of such construction activity. All construction activity shall be performed as promptly and ~'S diligently as possible and shall be completed within. such reasonable period of time specified by the Board. 13.12. VARIANCES. The Board may authorize variances from compliance with any of the architectural provisions of this Declaration wh,eo circumstances SUCA as topography, natural obstructions, hardship, aesthetic or'environmental considerati.ons.Jma.y require, wbich variances shall not·be unreasonably withheld by the Board. 'Su,ch Variances hlust be.ih writing, and must be signed and acknowledged by at leastama]6rity'of the members of the Board, The granting of a variance shall not operate to waive any of the terms and provisions of this Declaration, for any purpose except as to the particular property and particular provision 'covered by the variance, nor shall it affect in any way the Ow.ner's obligation to comply with ~Ii laws and regulations of all appropriate governmental jurisdictions. " 13.13. ESTOPPEL CERTIFICATE. Within thirty days after written demand is delivered to the Board by any Owner, and upon payment to the Association of a reason'able fee (as fixed from time to time pursuant to ' the Section hereinabove entitled '~Fee for Rev;,?\N''), ,~he ~(l'7r.(fshall provide the Owner with an estoppel certificate certifying ,that as' of.,thei,·d~<";:-! t!ijfjff.~¢,~£;,·,'ti.~~,\~t"!'j,l all improvements made and' . .. ,other.)Nork, completed by.:sa'id .Own:el:-:~ornpt\!~~.~i~~J:,~'~~!t"~~;~\~;,~~ll?)~.:.,;f){'(b:)' such irripr9vementsor '-. work .do-, not,·,so, comply',' in which. 'eveht ,~tJ~\;:~~~tit~:;~¢::-~haIJ:':'aiso 'identify the non~complying jmproveme.nts ,·or-Work and set iorth With' 1;);:~t!'~i~:t~5;:~tl ,the;'-basis,of osuch noh-compliance; Any purchase from the Owner, or from. anyone denvlng~, ~ny iriterEls~ in said Condominium through him, shall be entitled to rely on.said certificate' with respect to the matters therein set forth, suG/1 matters being conclusive as between the Associ;ation arid OwnElr and such Persons deriving any interest through them. LAVERCIA 'Draft DECLARATION 49 GITY DRAFT DEC.boc 13.14. LIABILITY. The Board shall not be liable to the Association or to any Owner for any damage, loss or prejudice suffered or claimed on account of: Ca) the approval or disapproval of any plans, drawings and specifications, whether or not defective; (b) the construction or performance of any w9rkj whether or not PU(S4~l'lt to approv~d plans,.·,drawings, ,and ~~cin~Jior)s; .,(qt~~,'t\:·:i¥ development of any property within the neighborhood; or (d) the execution arid filing:"!'Of~n-·~ ,,';';:"; "!"~",< ~ estoppel certificate whether or not the facts therein are correct; provided, however" that such Board member has acted in good faith on the basis of such information as may be possessed by him. 13.15. ENFORCEMENT. In the event of a violation of any of the provisions of this Article, by any Owner including, without limitation, failure of any Owner to comply with the written directive or order from theBoard, the Board shall have the right and authority to enforce, pursuant to the "Enforcement" Article hereinafter, the performance of the subject matter of such directive, including, if necessary, the' right to enter onto the Condominium where a violation of these restrictions exists and perform remedial work, and the cost of such performance shall be charged to the Owner of the Condominium in question. Such costs shall be due within five (5) days after receipt of written demand therefor, and shall bear interest at the maximum rate allowed by law. Said costs may be recovered by the Board together with such interest and reasonable attorney's fees and costs in an action at law against such Owner. 13.16. NON·COMPLIANCE WITH LAWS. Neither the Association, the Board, its delegated committee nor any member thereof shall be responsible for any non-compliance with any governmental law, rule Or regulation of any building or other structure erected, constructed, installed, placed, altered or maintained in accordance with or pursuant to any plans and specifications approved by the Board or any defect in any conditions or requirements they may have imposed with respect thereto. 13.17. APPROVAL BY GOVERNMENTAL JURISDICTION.' Prior to commencing any alteration or improvements approved by the Board, the Owner shall comply with all appropriate governmental jurisdiction laws and regulations. Approval by the Board shall not be considered to satisfy the appropriate approvals that may be required by any governmental entity with appropriate jurisdiction. The Association shall not be obligated to enforce the provisions of this Section. An Owner's failure to obtain such governmental approval may subject such Owner to certain penalties imposed by' the. governmental entity, notwithstanding the approval of Board~ which penalties shan b.~ the responsibility of such Owner. ' LAVERCIA Draft DECLARATION 50 CITY DRAFT DEC.DOC 14. RESPONSIBILlilES OF MAINTENANCE 14.1. GENERAL. . -The AssqciatiOri and al" Ownen~_are h~reby' requiteg. to 'rnain,~in the '~(e~s. ~ ,.. .~, desciibed in this Article, 'For ,purposes of this"'ArticIEf'"iTiiintiHance'" 'sh8n:tth'clliae';~b~Ot~~' li'mitatlon, the painting, weatherproofing and cleaning of the items set forth below to keep a' . clean, safe and san'Haiy condition necessary to preserve the attra.ctive appearance of each Condominium and the Project and to protect the values thereOf. The aoar~ shall have the power to determine the standards of sllch ·maintenance, which shall be, at a minimum, in. conformance with maintenance standards for similar p,rojects in tt:le area .. 14.2. OWN.ER RESPONSI61L1TY. Except for those portions of the Project that the Association i$ required' to, maintain i:lndrepair, each Owner shall, at his sale costang expense, maintain and repair the' following in a safe, attractive and neat manner consistent with the highest stangards of ·the surrounding· properties: ' .' (a)· All doors, attached to .the Unit, whether interior or exterior, glass or otherwise, ana windows, including the metal frames and tracks'of such doors and windows, and hardware attached thereto, door bells,. screen doors and ~II, other screens enGlosing openfn'gs to th~ Unit; provided' that painting or replacement of exterior. doors and windows sM~1I reql,lire the prior approval of the Board; , (b) The interior of such OWh~(S Liying Unit, including the inteJior surfaces; (c) All appliances whether "bL!ilt-in" or l'free-standing" within the Livi~g Unit; , , . -, , (d) Except Jor the l,ltility facilities to be maintaineg, by the AssoCiation, as described in the SeGtibn hereinafter entitl~d. ;'Respor,sibility. Qf Association," each Own~r shall also be respohsible for the maintenance, repair and replacement of the· plumbing; ,heating, ventifating and air-conditioning sY,ste'ms, which service such Owne~s CondomInium (including air-conditioning compressors), including televi.$ion and cable equipment, wires and connections, telephone wiring and ,all appliances, equipment and fixtures, lighting fixtures (including lightbulbs), provided such systems are used or. op~ratee exclusively by ·such Owner and not in common; (e) Chimney flues (including the periodic seasonallnspection(s) thereof for ,the build-up of crear-ate and any necessary cleaning), which are -used or operated exclusively . i ~:uch OW~ler and 'not in common. '~4.3. . OWNER RESPONSIBILITY OF EXCLUSIVI;: USE COMM()NAREA~. Each Qwnershall be responSible fat (a) gen'eral maintenance ahd cleaning of the interior (or inside-facing) surfaces of any appurtenant Balc~>ny and Yard 'E:xclusive Use Common 'Areas that may be appurtenant to such Owner's, Unit,includinganyinterior facihg wood or stucco railings. fences. walls' . and flooring . of Balconies and Yards; and . ~ '. .. ~~ , . " - LAVERCIA ·Draft .DECLARATION 51 . -CITY DRAFT pI;C.DOC • (b) maintenance, repair and replacement of the lighting fixtures (and lightbulbs) and other fixtures, including lighting fixtures located at the front, rear or side entrances to a Living Unit, provided such fixtures and appliances are not used in common with other Owners, in which case the Association shall be responsible. Except in emergency situations, the replacement .of exterior fixtures, appliances, doors and equipment shall require the prior approval of the Board, '-"::--to).,;' or its delegated committee. In the case of emergency· replacement of. the items.specifi~.:~~~~ such Owner shall take reasonable measures -to conform with the overall scheme of the Project, . . - and subsequently replace such item if directed by the Board or Committee. Each Owner shall also be responsible to see that his Or her appurtenantlassignedParking Space (if any) and Garage Exclusive Use Common Area is kept clean and free of excessive grease and oil spills. 14.4. DAMAGE FROM WITHIN A UNIT. Except to the extent covered by insurance carried by the Association,in the event the Board shall determine that the walls, ceilings, floors, doors, or windows or any other portion of the Common Area forming the boundaries of a Unit have been damaged from within a tJnit, notwithstanding that such damage may be to the Common Area, the Owner of the Unit shall be responsible for repairing such damage in a timely manner in accordance with such rules as the Board or its delegated committed shall from time to time adopt. 14.5. OWNER'S FAILURE TO MAINTAIN; WILLFUL OR NEGLIGENT ACT~ In the event an Owner fails to maintain the areas described herein pursuant to the standards set by the Board or its delegated committee, or if an Owner, or his Invitees or pets, cause the willful or negligent act or neglect of the same or any other area within the Project, the Board may notify the Owner of the work required and request that the same be done within a reasonable time under the specific circumstances, provided, however, that the Board shall have the right to approve the person or company who shall perform the maintenance or repairs and the method of repair. In the event the Owner fails to carry out such maintenance or repair within said time period, the Board may, following notice and a hearing as provided in the section entitled "Notice and Hearing" in the Article herein entitled "Rights of Owners, Board and Association," cause suCh work to be done and the cost thereof shall immediately be paid by such Owner to the Association and until paid shall bear interest at the rate of twelve percent (12%) per annum (but no greater than the maximum rate authorized by law). 14.6. RESPONSIBILITY OF ASSOCIATION. The Association shall provide for adequate and reasonable replacement, maintenance and repair of the following: --(a) Th~ maintenance, .repair and replacement of all facilities, including utili\'\~ facilities. as described below and in the Section herei·nafter-. entitled ''Association Outif:G Regarding Certain Utility Facilities," the Common Area including, but not limited to,. recreational facilities, private roads, parking lots, walkways, lighting, metal doors of utility closets, mailboxes (excluding mailbox locks, if any, and replacement of any keys thereto, which shall be the responsibility of the individual Owners), trash enclosures, landscaped and open space areas, irrigation equipment in Non-Exclusive Use Common Areas, the exteriors, bearing walls, foundations, rOofs, metal flashings between roofing and chimneys and roofing vents, gutters and LAVERCIA Draft DECLARATION 52 CITY DRAFT DEC.DOC >~:{l-,'" downspouts of ~II Condominium Builgings and other structu~es on the Property· and all property that may be .acquired or leased by the Association. The utility facilities that the Ass0<;:iation shall maintain shall inClude all gas, water and water pipes, all sewer, all ducts, 'fl.u~$, cn~t.e$, conduit~,. wires and other utility installations within the Project wherever loeated (except the Outlets thereof when loeated within: a Condomini~Ql Unit). By way of ex~mple,and not limitation, .an I~Out/~(:T~.Il~U'!!1~",,~!1~nY p<?'1i9~,; of.a~!J~~llty f~~(:i1j!y -Vl.hi_~h:~Jp~1~~lliJ,.~o~~I~~1~~lW~Dq~~. . ~:~~~ panel and any pipe or other utlhty facility from the pOint ~t which It IS reasonably accessible m -, ~ - within an Owner's Condominium Unit. More specifically, the term "Outlet" shall mean the p.oint at which any utility facility ean be serviced without the neeg 'for destructive entry into the walls, . floors, ceilings or allY portion of t,he Common Area. (b) The pe.r:iodic inspection, .but not less than annually, of: ,.(i) all electrical, gas, water and cable utility controls and meters; (ii) all roofs and ·metal flashi'ngs fbrevidenc;:e of cracking, damage or exposure of underlying structures to the elements; . (0) '. The maintenance, repair .and replacement of any fixtures (lighting or otherwise) loeated within fhe Common Area, includir:lg thoseloeated in Exclusive Use Common Areas, which are not used exclusively by one Owner; (d) The maintenance, repair and replacement of all Common Area fences, walls and railings and any of the same which ~re within or delineate Exclusive Use Common Areas, but to the extent such maintenance,.repair·and replace is due to normal wear and tear; (e) . The rTJaintenance and 'repair of all Parking Spaces, except for excessive grease and oil spills that is the responsibility of the respective Owner as described in the above Secti.on entitled "Owner Responsibility of Exclusive Use Common. Areas"; (f) The periodic inspection, but not less than .annually, Of all Balcony Exclusive Use. Common Areas for surface wear and tear ~nd drainage conditions, for purposes of ascertaining the necessity· for remedial or' .long-term maintenance . and .. repair to assure' the integrity of a balcony. surface, and for the repair thereof when required; (g) The maintenanc~ ·and· repair of the Common Area as required to control the presence of or d~mage caused. by wood-destroying pests or organisms; -provided, however, the costs 0f temporary relo.cation d!Jring, such mailltenance or repair shall be paid by the 'Unit owner affected. The Association is hereby given the power to tempor~rily remove any Unit owper or occupant ,for such periods .;:Ind at ,such times as maybe· necessary fbI' prompt, effective treatment ot'such pests or organisms. The Associati.or;l shall give notice of the need to temporarily vaeate a Unit to the record owners and occupants. not less than fifteen (15).days. nor . mor.e than P.hir1y (30f days prior to. the. date of the temporary reloQg!i9nwc' '1:t16-rroti&~ha~f. state -"- ;tbe-;:;;J~·~or. foqhe ·::e.lqcation,·the date and time of..th.e peginning ,otke~tme,qt,:;·tbe:·antieipatetf·,·--,· -:~ -' _,g~t€r.c:al')d time of .t~rmlnat'on 61' treatment-and-that .. the. occapants wille~.be·~responsible for aIF-.> fleceS$ary accommodatioos during the relocation. Any sach notice shall be{}iven in'accotdance with the notice provisions In the Article herein entitled "GEN~RAL PROVISIONS," provided that an additional notice shall also be given to any occupant of the Condominium if such occupant is not the record owne~; . LAVERCIA Draft DECLARATION 53 CITY DRAFTDEC.DOC • (h) All utility, sewer or drainage systems not maintained by a public entity, utility company, or Improvement district, where such systems are used to provide services to Common Area facilities; (i) Such other areas, facilities, equipment,services or esthetic components of wh~tsoever nature as may from, time to time ,be .requested by th~:.yote or:.w(itt~n ~ns~nt.q'J;..l~~"~~~" least two-thirds (2/3) (i) of the Members of the Association and (ii) of the Members of the Association other than the Declarant. 0) All of the foregoing Association responsibilities are ,intended to be applicable only in circumstances due to normal wear and tear, the need for replacement or the willful or negligent act or neglect of the Board Of its agents, and not when due to any negligent act of an Owner or his Invitee(s). . 14.7. UTILITY FACILITIES: OWNER'S RIGHTS AND DUTIES. \ (a) The rights and duties of an Owner of a Condominium within the Project with respect to sanitary sewer, water, drainage, electric, gas, television receiving and telephone equipment, cables and lines, exhaust flues, and heating and air conditioning facilities, including air conditioning compressors and condensers (hereinafter referred to, collectively, as "utility facilities") that are located in or on Condominiums owned 'by other than the Owner of a Condominium served by said utility facilities, shall be as follows: (b) Such Owner shall have the right of reasonable access for themselves or for utility companies to repair, replace, and generally maintain said utility facilities as and when necessary. Notification of such entry shall be given at least twenty-four (24) hours in advance. Such entry shall be made with as little'inconvenience to the affected Owner as possible and any damage caused thereby shall be repaired by the entering Owner at his own expense. In the case of any emergency, the right of entry shall be immediate. For the purpose herein, "emergency" is defined as an unforeseen occurrence or condition calling for immediate action to avert imminent danger to life, health, or property. (c) An Owner shall be entitled to reasonable access to the Common Areas for the purpose of maintaining the utility facilities appurtenant to such Owners, Unit and/or which serve such Unit in accordance with the provisions of this Declaration. The access shall be subject to the consent of the Board, whose approval shall not be unreasonably withheld, and which may include reasonable conditions of approval for any portion of such utility facilities that are located on the exterior of the Common Areas, and other conditions as the Board determines reasonable. (d) . Whenever utiUty facilities are installed within the Project, which utility facilities sery.e mor:e th~utone, (1) Condominium, 'the Owner of each Condominium served by said uti!ity faCilitie~s -shall be entitled to the. fuJI use and enjoyment of such portions of said utility facilities as service his Condominium. (e) In the event of a dispute between Owners with, respect to the repair or rebuilding of said utility facilities, or with respect to the sharing of the cost thereof, then,' upon written request of one (1) of such Owners addressed to the Association, the matter shall be LAVERCIA Draft DECLARATION 54 CITY DRAFT DEC.DOC submitted to arbitra,tionpursuant to tlw' rules of the Am$rican Arb,itratlonAssoCiation, and the ' deci$ion of. the arbitr~torEs) shall be, tinaland conclusive on the parties. ' 14.8~ ,ASSOCIATION'S O,UTIES REGARDING CERTAIN UTILITY FACILITIES. , ", .. '.,' " : The, A~s.6,~~tio~" s~~.U, ni~inta~Q 'a!l,_u!!litYJ~~illtj~.~" .~,9,~~~st~Q .. ~~.~".9p~'v..~9J\~~~~~,?j, '.~~ except for those faclhtles maintained by utlhtycompc;tOles, public, pnvate, or mUnicipal, ana , .. ~~ those maintained by the Owners as described elsewhe.re in thiS ArtiCle. rhe A~~ociation shall pay all charges for utilities 5upplieq to the Common Area except those metered or chc;trged separ~tely to the individualCondomihiums. ' ' I ' ' ' 14.9. ASSUMPTION OF MAINTENA:NC~ OBLIGATIONS. , , Oeclarant and its, subcontractors, and .the agents and employees Qf the same, .shall have the right to come upon ,the Common Area to complete ~he construction," refurbi~hment or 'installation of' any: ,Ianqscaping 'or other improvements to be :installed thereupon. In the event that any of, Declarant's subcontractors are, contractuCllly obligated to maintain the landscapintJ and/or other improvements on any portion of the Common Area" such maintenance shall hot be assumed by the Associati0n:until the termlnatiotl'ofsuch contractual obligation. If there is any excess of assessments collected over actual Common Expenses incurred by the Association, 'caused by r.eason of this Section, or otherwise, such excess shall be placed in reserve to offset the future expenses ef the Assqciation in any manner designated by the Board.". ' ' 14.10. PROPERTYMANAGE:MEN'T. The Board of Directors of the ,Association shall, at its option, e)mploy c;t professional management company (,'Managing Agent") to handle the day 'to day management and operation of the Project.' , .' , .' 14.11. P~OSPECTiVE :MANAGING AGENTS. Pursuant to CaHfornia Civil, Code Section 1363.1, or any succeeding statute, prior to entering into a managemenf agreement, but in no event m'ore than 90 days, the, Board shail obtain from a prospective Mana'ging Agent a' written statement to the Board which shall contain all of the ,following information concerning the managing ageht: (a) The names and business addresses 'of the owners or general partners of the Managing Agent. If the Managing Agenfis a corporation, the written statement shall include the names and business addresses of tlie directors and officers and of shareholders holCiing greater than ten percent {1Q%) ,?f the shares {>(l~:t ... ~or;pl)ra~ich, (b) ,Whether or, not ~('1Y' f~ii+-~>ia.;f~, HG~'t}~~S, ,such as architectural, design, construction, engineering;' real .estate or: acC':!;yrih ,) n~ve b~en issued by the State of CalifornIa and are currently held by the person,s specifieu i:' r~j~ 'above paragraph .. Ifa.litense is currently held by any of those persons, the statement shall contain the following information:' (i) wh~t license is held; (ii) the status of that, license, {iii] the name of the licensee appearing on that license, and (ivl whether or not there have been any violations or fines relating to such 'Hcens'e w!thin the previo,us five (0) years and wh~th~l!:.or notE,lny are exi~ting qr p~nding. LAVERCIA [)raft DECLARATION 55 'CITY DRAFT DI;C.DOC (c)' Whether or not any relevant professional certifications or designations such as architectural design, 'construction, engineering, real property management or accounting are currently held by any of the persons specified above,including, but not limited to, certified property manager or professional association manager. If any certification or deSignation is held, the statement shall include the following, information: (i) what the "~ ... :, -,' ., " certific.ation or designation -is and what entity',issued it," (ii) tb.e.-~,status .of th~t .~r.tificati9P~~~~fl~~~!~"i< de$ignati'on, (iii) the names which the certification or deSignation is held and, (iv) whether or not there hav~ been any violations or fines relating to such certification or designation within the previous five (5) years and whether or not any are existing or pending. (d) Whether or not there have been any judgments, satisfied or not, against such Managing Agent within the previous five (5) years and whether or not there are any existing legal actions. (e) As used in this section, a "Managing Agent" is a person 'or entity, who for compensation or, in expectation of compensation, exercises or may exercise control, ov~r the assets of the Association or the Property. A "Managing Agent" shall not include any regulated financial institution operating within the normal course of its regulated business practice. 14.12. LANDSCAPEMANAGEMEN~ The Board of Directors of the Association shall employ a professional landscape contractor ("Landscape Contractor"), appropriately licensed by the State of California, to provide for the landscape management and maintenance of the Project, as hereinafter described, and to serve as a consultant to the Board and the Property Manager in the administration of the landscape maintenance duties of the Association. 14.13. USE OF LICENSED CONTRACTORS; WORKFORCE; PERMITS. All work of repair or replacement required to be performed pursuant to this Article shall be performed only by reputable and experi'enced contractors, appropriately licensed by the State of California or other controlling governmental jurisdiction. A contractor's workforce shall be presentable at all times and all employees shall be competent and qualified, and shall be U.S. citizens, legal residents or otherwise legally approved to be in the United States. If building or other permits are required for such work, then such permits shall be obtained ,before the work is commenced. 15. INSURANCI; 15.1. ":·,,MAS'::ER:iNSURANCEPO~ .. <r'!" The AssoCiation shall obtain cllj.-:~ t ... :ntinue in effect the following insurance: 15.1.1. FIRE HAZARD INSURANCE. A master policy of fire insurance with extended coverage endorsement for the full replacement value (Le. one hundred percent (100%» of current "replacement cost," exclusive of land, foundation, excavation and other items normally excluded LAVERCIA Draft DECLARATION 56 CITY DRAFT DEC.DOC from coverage of all' of the improvements within the Common Area, without deduction for depreciation, with, an "agreed amount endorsement" or its ,equivalent, and, if necessary, ali: , "increased cost of construction endorsement" or "contingent liability from operation of !;>uilding laws endorsement" ,if available; such insurance silall afford protection, against loss or ,damage' by fire and other hazards covered by the standard ,extended coverage enqorsement, and by . '-," ,-,'" -' 's~rinkler 1 leakage, debris. removal~ costs'· of ' demOlition, "vandali~r'pj,,,;m~J.g!qLl~ ~:~tri~.oo.~~~~;;~',·:' ' windstorm, water damage and such other risks a~ shall customarily be cov.ered with ~e~pea 'to .. ', '", similar Common Interest Developments in the area of the Project. The form and eontent of sUGh policy must be satisfactory to all institutional first trust deed lenders and shall n:leet~he maximum standards of the various in'stitutional firsUrust deeq lenders whose loans encumber any of the Condominium Units, 15.1.2 .. PUBLIC LlABILlTY'!NSURANCE. A general, comprehensive public liability and property damage insurance policy with cross liability endorsement, if available, in an amount not less, thal1 'Two' million dollars ,($2,OOO~OOO), insuring the Association" its ag'erits, the Declarant and the Owners and occupants of the Condominium Units and their respeclivefamily members, guests, invitees' and agents against any liability incident to Qwnership or use of the Common Area or any other Association owned or maintail"Jed real or personal property, arising out of any single o<;:currence. Such coverage shall include liability for non-owned and, hired automoblies and liability for: property of others, and such other risks as are customarily covered with re$peCt to similar real estate developments in the area of the Project. The general liabiiity policy shall also ioclude sl,.lch provisions as may be required by the provisions of California Civil Cqde Section 1365.7, or any successor statute, to limit the monetary liability ,of volunteer directors and officers of the Association. The policy shall, in any event, contain a "severability. of interest" endor$enier:lt or the equival~nt which shall preclude the insurer ,from denying the claim of an Owner because 'of . wanton or grossly negligent acts or orni$siohs of the ~ssociation or other Owners. 1'5.1.3. DISHONESTACTS; FIDELITY BOND. Such insurancecovering',difectots, officers and emplOyees of tne Association and employees of any manager or managing agent, or administrator, whether or not any such persons· are compensated for their ~ervices, ag'ainst dishonest acts on their part! Qr 'in lieu thereof, a fidelity bond, naming the Association as obligee, written in ananiount equal to at least the estimated maximum of funds, including reseivesin the custody of the ,Homeowners' Association or the management agent at any given time' during the term of the' 'fidelity' bond. However, the bond shall not be less than a sum ,equal to three (3) months ,aggregate, Regular ASsessments on all Condominium Units, includil'lg: reserve funds. ' 1-5.1.4. 'WORKE-RS,CQMPEN'SATIO~t,t~"Sfi8~J,i,~fri~~;,' -,',' -''-~'':, i:'\,~ '.' • -, -1''>.r';~~' .. ~~' .~ " _ ' '--Worker~s:,comp~nsaij99insu~t:ir;i' "f.:~~'\i,si!lf~;.::I~:t~~iy~m'ployees' of the Association to the extent reQ1lire.dJ)y4aw. ". ." . , ' , ", " 15.1.5. OTHER INSURANCE. Such other insurance as .the Board in its discretion cO!1siders , ' necessary or advisabl~, .. ~~:' .: .. -:, f . LAVERCIA Draft DECLARATION 57 CIt'( O~AFt DEC.DOC 15 .. 1.6. COVERAGE, AMOUNT AND TERM OF INSURANCE. (a) The amount, term and coverage of any policy required hereunder (including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard mortgage clauses, and notices of changes or cancellations) } ~"""I$*~':~!"_' •. ",·,~$hall, satisfy, .tbe ,minim,u.rn reqJJh:ementsjmposed for., .this .type Of, ,projecLby., the::f~.~A.Jm~l.ltl!'·'·~~1l~\l' .~. " _. FHLMC or any successor tnereto. If the FNMA or FHLMC reqUirements conflict, the morei';f;-~", .. ·-··· stringent requirement shall be met. If FNMA and FHLMC do not impose requirements on any - policy required hereunder, the term, amount and coverage of such policy shall be no less than that which is reasonable for the nature of the Project and its insurable assets. (b) Any insurance maintained by the Association shall contain a "waiver of subrogation" as to the Association and its officers, directors and Members, ,the Owners and occupants of the Condominiums and mortgagees, and, if obtainable, a crO$S- liability or severability of interest endorsement insuring each insured against liability to. each other insured. The Association shall periodically (and not less than once every three (3) years) review all insurance policies maintained by the Association to determine the adequacy of the coverage and to adjust the policies accordingly. (c) All insurance policies shall provide that they shall not be cancelable by the insurer without first giving at least ten (10) days' prior notice in writing to the Association. Each Owner appoints the Association or any insurance trustee deSignated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association,including without limitation, representing the Owners in any proceeding, negotiation, settlement or agreement. 15.1.7. OWNER'S INSURANCE. No Owner shall separately insure the Improvements on his Condominil,Jm against loss by fire or other casualty covered by any insurance carried by the Association. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under the Association's policies that results from the existence of such other insurance will be chargeable to the Owner who acquired other insurance. Any Owner can, however, insure his personal property against loss and obtain any personal liability insurance that he desires; in addition, any improvements made by an Owner within his Living Unit may be separately insured by the Owner. The insurance for the foregoing shall be limited to the type and nature of coverage generally known in the insurance industry as an "HO 00 06," or the equivalent. All individually owned insuran~ shall contain a waiver of subrogation as to the Association and its officers, directors and Members, of the-Owners and occupants of the Conriominiums {including Declarant), and: of-Mortgagees. It is not intended with respect to the indi~,ddlJal Livin~l Units that the Association -carry (a) liability insurance covering any acts or c-cc';.,-'-enr:.es. nor (b) any casualty inSUfanGe.cPV9ring Owners' personal~y :Qf betterments.' -. WARNING TO ALL OWNERS: The Association is required by this Article to maintain a general, comprehensive public liability insurance policy in an amount not less than $2,000,000, insuring the Association, its agents, the Declarant and the Owners of the Condominium Units and their Invitees and agents against any liability incident to ownership or use of the Common Area or any other Association owned or maintained real or personal property, arising out of any Single occurrence. In the event that a third party sustains injuries, LAVERCIA Draft DECLARATION 58 CITY DRAFT DEC.DOC the nature of which results in liability or damages in excess of the Association's insur~nce policy. limits, the Owners of Condominium Units in the ProJect may be held· jO'intly and severally liable for the excess amount. Each Owner should consult with hjs or her insurance representative 'and or legal counsel to consider the merits of obtaining alternative liability insurance'coverag~. -.'.< "'';h~'''-f!-~$4''1''''''''~' , .. ~,,~?,~.''J: 1 $.:t~8.,~, ·""'.4.~ FAILURE,MTQ:ACQUIRE .... ":-"',t~:;~~::g'lt~~{~~~~~~~~.!:;.,~!'iI<~)tt. .... ~~~ •. -_ <,~ ••• ~-'r~" .,,~ ._~::,,,,:""'~~I'-l' The Association, and its directors and ,officers, shall have no liability to any Owner or mortgagee if, after a good faith effort, it is unaple to obtain the liability insurance requireq hereunder, because the insurance is, no longer available or,if available, can be obtained only at a cost that the Board in its sale discretion de~ermines is unreasonable under the circumstances, or the Members fail to approve any assessment increase needed to fund the insurance premiums. ~'ln such event, the Board immediately' shall notify each Member and any mortgagee entitled to notice that the liability insurance will not be obtained or renewed. 15.1.9. INSPECTION OF POLICIES. Copies of all Associationinsurancepolice$ (or certificates thereof showing the premiums thereon to have been paid) shall be retained by the' Association and be open for inspection by Owners at any reasonable times.. . 1-5.2. INSURANCE INFORMATION TO 'MEMBERS. ' , , The Board 'shall annually prepare and distribute or caused t9 be prepared and distributed a summary of the following: ' 15.2.1. GENERAL LIABILITY POLICY. The Association's general liability 'policy covering the Common Area that states all ,of the following: (a) The name 'of insurerj (b) The poiicy limits of the in~u'rance; (c) If an insurance agent, as, d~fined in: Section 1.621 of the Insurance Code, or any successor statute, or an agent of an insurance agent or insurance. broker has assisted the Associatior:l in the development of the general liability policy limits and if the recommendations of the ,insurance, agent ,or .insurance broker were followed; (f) Whether or ncttha' insurance Coverage exteqds " to the Improvements located within a Unit; , , ,(gl A sumJfi!.g!;y., of the Association's earthquake and flood insurance policy, if one has been issued,' \tnafstates ,all of tt:le following: (1) name of tJ:le insured, LAVERCIA Draft DECLARATION 59 ,CITY DRAFT DEC.DOC • (2) the policy limits of the insurance, (3) the insurance deductibles and (4) the person or entity that is responsible for paying the insurance deductible in the event of a loss. 15.2.2. DIRECTOR AND OFFICER LIABILITY COVERAGE. (a) The name of the insurer; (b) The limits of the insurance. (c) The foregoing notwithstanding, the Board shall, as soon as reasonably practical, notify the Members by first-class mail if any of the insurance policies have been canceled and not immediately replaced. If the Board renews any of tl1e policies a new policy is issued to replace an insurance policy of the Association, and where there is no laps in coverage, the Board shall notify the Members of that fact in the next available mailing ·to all .Members pursuant to Section 5016 of the Corporation Code, or any successor statute thereto. (d) To the extent that the information to be disclosed pursuant to this Section is specified in the insurance policy declaration page, the Board may meet the requirements of this' Section by making copies of that page and distributing it to all Members. 16. DAMAGE AND DESTRUCTION. 16.1. RESTORATION DEFINED. As defined in this Article,' the term "restore" shall mean repairing, rebuildi'rlg or reconstructing damaged Common Area and/or other portions of the improvements located within the Condominium Property for which the Association is respofilsible pursuant to this Declaration {collectively, "Covered Property," to substantially the 'same condition and appearance in which it existed prior to fire or other casualty damage. 16.2. INSURED CASUAL TV. If the Covered Property is damaged or destroyed from a risk covered by the· insurance required-to be maintained by the Association! then the Association shall, to the extent permi~ed under .~xJsting laws, restore the Covered Property to the-same condition as it was in ... immediately prior to.:-the destruction. If :JU!::h pafY.laq~i' (J:' destruction occurs prior to the date of "completion, of. QOnstrl,lction-the Project by D .. :H)la:~:: \~ <tv ·n" ~~'I)th construction sball be· completed in' coordination-wJth ~ny' eonstructiCJil ie, /litt-/; (;r c.,~enlfJd ne'cessary to 'be 'completed by ',' Declarant. 'U> fire. or other casualty ... darnage ~xtends to any Covered Property :Which is so _ insured, the .Association shall proceed with the filing and adjustment of all claims arising 'under the existing insurance policies. The insurance proceeds shall be paid to and held tiy the Association. LAVERCIA Draft DECLARATI.oN 60 CITY DRAFTDEC.DOC r, '. 16.3. SUFFICIENT PROCEEDS. The costs of restoration of damaged Covereq Property shall" be funded first by any insurance proceeds paid to the Association unqer existing, 'insLirancepolicie~. If the insurance proceeds exceeG the costs of restoration, the excess proceeds' shall be paid to the reserve accounts of the Associatio'O and held. for:t,he b~nefLtof the,A~sgciatign.,..)f_tf1e in~u.rapC9~tl'>i 'r .. ", ,c·'·~ __ '''''-;W'~ proceeds' are iriSuffi'Cienfto;'fesrOrEnne.aamag'ed:"CovereaPr()periY.~he~·8~rashalitRt;I\~~~~~ , , tRe insurance proceeGs all reserve account funds d~signated for the r~pair or replacement of the Improvement(s) whiCh have beeh damaged. If the total funds then av~ilable are sufficient to restore the damaged Covered Property, the damaged Covered Property shall be restored. If the aggregate amount of insurance proceeds and' SUCR reserve account funds are still insufficient to pay the total ,costs of restoration, a Special Asse~sment against all OWners shall ' be levied' by the Board up to the maximum amount permitted without the approval of the Members in accordance with the limitation set forth in this Declaration. If the total funds then available are sufficient to restore the damaged Covered Property, the damaged Covered Property shall b~ testored. ... 16.4. INSUFFICIENT PROCEEDS. If,after apply tlie proceeds purstlant to Section 16.3 above, the total lunGS available to the Association are still insufficient to restore the damaged Covered Property, then the Board shall attempt to first impose an additional Special Assessment pursuant to Section 16.4.1 below; secondly, use a plan of alternative reconstruction pursuant to Section 16.4.2 below; and lastly, purchase those Living Units of Owners, affected by damage or destruction. pursuant to Section 16.4.3 below. If the Members do' not approve actions under Sections 16.4.1, 16.4.2 or 16.4.3, then the entire Project sha,II be sold by the Board pursuant to Section 16.4.4 below. ' 1'6.4.1. ADDITIONAL SPECIAL ASSESSMENT. .If the total funds available to restore the damaged Cov~red Property as provided in the Section 16.4 above, ~re inSUfficient, then a meeting of the Members shall be called ,for the purpose of voting whether to impose an aGditional' Special~ Assessment and deciding upon the amount thereof ("Additional Special Assessment"): If the amount of the Additional SpeCial Assessment approved by each class of Members, together with -the amounts available pursuant to Section 16.4 above, is sufficient to restore tRe damaged Cov.ered, Property, the damaged Covered Property' shall be restored. If th~ amou'rit of th~ $peciai Asse'ssment approveq by each class of Members., together with the amounts available pursuant to Section 16.4 above is insufficient to restore the damag'ed, Covered Prop,erty, or if no Additi0J.laL Special A~sessment is. approved, the Association shall consider a,,:~!an .of alt-$rQ;:~t;ve recon~tructiQnin ac'cordance wittr~~?ti~~}~_:'~;~-Pet~~~:;\.;" . ' -, . .~.,."i' -_ ." .. , ,<" .. ~~~-:-'t:,._rr-~>t';;·~ ~"~"~' ,:~~~ . 16.4.2.', _:. A~TERNA·tl'lfE~;REOCrf\JSTRl:JCT-i'ON~'·-' - --~ '. " :.f 'AI" • The B.oard shal(;,corisiaer and propose 'plans to .reconstruct the - damaged Covered Property, making 'use o(whateverfunds are available'to it pursuant to Section 16.4 above and whatever funds, if any,' are available to:it pursuant to Section 16.4 and whatever funds, if any, are, availab.le to' ,it pursuant to Section 16.4.1 above. All proposals shall be presented to the Owners. If two-thi(q§i.',(~/3rds) of the Owners whose Units were directly <\.!~~J .... t~.~ LAVERCIA Draft DECLARATION 61 " CITY DRAFT,DEC.DOC affected by the damage to the Covered Property, as determined by the Association ("Affected Owners") and a majority of the Members (inch.,lding the Affected Owners) agree to any plan of Alternative Reconstruction, then the Board shall contract for the reconstruction of the dam~g~d Covered Property in accordance with the plan of Alternative Reconstruction is agreed to, then the A~sociation shall consider purchasing the Units of the Affected Owners pursuant to Sectipn ,> ,,·,~t't1~~\~~16A:3'below;r.);;t;.,,~~1I""""';f>*"4f>-~;:;'l't~"""''''''-'''''''''''~~'>'m~~~:;:'~~o:,Z~m:t""'~;Or~"\\'''''~><i<.~~1$~~''''~~$W>%~xP~''''\<\ , ' , ,. ,.,~ ., ' .,',....... , 16.4.3. PURCHASE OF UNITS OF AFFECTED OWNERS. If no plan of Alternative Reconstruction is agreed to within six (6) months of the date of the damage, then the Board shall seek to obtain the approval of the Owners, the Affected Owners, and their First Mortgagees of the Association's purchase of the Condominiums of the Affected Owners. The purchase price ("Purchase Price") each Condominium shall be the fair market value of the Condominium immediately prior to the damage as determined by an independent appraisal made by a qualified real, estate app~aiser with a Member of the Appraisal Institute certificate or the equivalent as selected by the Board. If two thirds (2/3rds) of the Members (including the Affected Owners) agree to the purchase, the Association shall purchase the Condominiums of those Affected Owners who together with all of their Mortgagees agreed to the purchase, then a Special Assessment shall be levied against all Owners. The aggregate amount of the Special Assessment shall be the amount needed to pay the difference between the aggregated amount of available funds (pursuant to Sections 16.4, 16.4.1 and 16.4.2) and the aggregate fair market value of the Condominiums of the Affe¢ed Owners who agreed to the purchase. 16.4.4. SALE OF ENTIRE PROJECT. If the aggregate amount of funds available for restoration of th~ Covered Property is insufficient to restore the damaged Covered Property, Alternative Reconstruction (as defined in Section 1.6.4.2 above) cannot be agreed to, and the Owners did not approve a purchase pursuant to Section 16.4.3 above, then the Board shall be empowered to sell the entire Project, including all Living Units and the Common Area in their then present condition, on terms to be determined by the Board. If the entire Condominium Property is sold, the proceeds from the sale, together with the insurance proceeds received and any balance of funds held by the Association, shall be distributed among those Owners who then own Separate Interests and their respective Mortgagees, in proportion to the respective fair market values of the Separate Interests immediately prior to the destruction, as determined by an independent appraisal made by a qualified real estate appraiser with a Member of the Appraisal Institute certificate of the equivalent as selected by the Board. ' ,,"', '--For the purpose of -effecting sale under this Section ,16.4.4, each-' Owner qrar!t~ if) :,he I\ssociatlon an irtevo'cabie power ,of attorney to sell his Living Unit and the' em; ',,~. F ::')ject for tbe.. benefit of the Owners,.' to'terminate the. DeclaratiOF-l and to dissolve ·the· ,'; , .,' ~' Assoda~lvn..· , " .. , '> '-->, .:"_" " ',-" '. ".' "'.;'-' ... , . ', ... " ) , ." ..... -.~ ..... -' ,-' '. ". In the event the Association fails to take the necessary steps to sell the entire Condominium Property as provided in this Section 16.4.4 within sixty (60) days from the date that the Owners failed to approve the purchase described in Section 16.4.3 above, any Owner may file an action in a court of appropriate jurisdiction for an order requiring LAVERCIA -Draft DECLARATION 62 CITY DRAFT DEC. DOC the sale of the Condominium Property and distribution of the pro~eds in accordance with this Section 16.4.4. NotWithstanding anything herein to tne contrary, any Owner or group of Owners shall have a right of first refusal to match the terms and conditions of any offer 'ff-~~'Q."'J.W~"'mad&,t0"the~Asso~ati?R",i~ .. the",ev~Rt,~of .. ~~~altl~0f"'1h~G9nd0mi~i~W:li~{opert:y-tl;J.n~~r:;q,thiSMS~~lt1~~~~'· 16.4.4, provided this nght IS exercised within ten (10) days of receipt by the Owners of a noticE"j·' .' from the Association containing the terms and conditions of any offer it has received. If the, Owner or group of Owners subsequently default on their offer to purchase, they shall 'be liable'to the other Owners and their respective mortgagees for any damages resulting from the delault.' If more than one (1) Owner or group elects,to exercise this right, the Soard shall accept the offer that in its determination is in the best interests of th~ Members. 16.5. REBUILDING CONTRACT. If there is a determination to restore, the Board of its authorized, r~presentative shall obta,in bids from at lea'st two licensed and reputable contractors and shall accept the ~epair ' and reconstruction work ,from whomever the .Boare;! deter.mines ,to be in the best interests of the Members. The Board shall have the authority to, enter into ,a written contract with the, contractor for such repair and reconstruction, and the ins,urance ,proceeds held by the Trustee ,shall be disbursed to the contractor ,according to the terms of the cpntract, : It shall be the,obligation of the Board to take all steps ne<::essary to, assure tfle commencement and 'completion of , al.Jthorized repa'ir and reconstruction ~f the earlie&t pO$sible date. Such construction shall be commenced no later than one-hundred-eighty (180) days after the event requiring reconstruction, and shall thereafter be diligently prosecuted to completion. Suchconstruction shall return the Project to substantially the same conditi.on it was 'in, prior to ,such damage or destruction and shall be carried out pursuant to all applicable ,laws and ordinances. 16.6. RIGHT TO PARTITION. , , , No Owner shall have the right to partition of his interest in a Separate Interest and there shall t?e no judicial partition of the Project ,or ~ny part thereof, ex~ept as provided, in the Article emitled SEPARATION OF iNTERESTS; PARTITION; POWl=R OF ATTORNEY hereafter. ' ,", 16.7. MINOR REP;AIR AND RECONSTRUCTION. The Board shall have the duty to r~pair and reconstruct, Improvements, without the consent of the Members ~nd irrespective, of the amount of available in$urance proceed$, jn all cases, of partial destruction ·Vl.hEi~, f~~: estimt:i,'i1~ ~ost oLrep.air ,and r~con$truction doe$ not , e~ceed' o.lJ~7Hun'~red~rb~~s.aJ19 ~:.;~ '. ,~;-~ ~'~':-~i'~:;:~~.~?,'~::.;,:r;} ,}ii:t;ih, ,~j'.l.gunt ;~~,~~~~~~inc~~~~~qJ~ree~ , percent (3%) ,p,er annum oil ,8' 6,bq£;,,:,.':,: ::;\~~.t,t:if:~~' i;1~fl'~i~~\$;:ch'~'\Q.n t.b~ "c¢mi~~r:sal)~}~slfe<"9.t.tb~ . recordation of this Declaration am,r':;id:~ :: K~rr.versary qate thereafter. The :Soard.;[S:"expressly empowered to levy a Special A13$tL;~qk~r;1 for'the cost of repairing, and r~constrircting "such' improvements to the eXtent insurance' proceeds are unavailable, (put witho,ut. the' consent or approval of Members, despite any contrary provisions in this Declaration or the other Project Documents). LAVERCIA Draft DECLARATION 63 CITY DRAFT DEC.DOC ,- -----------------------------------. 16.8. BOARD'S ACTION. The Board shall have the exclusive right to participate in and represent the interests of all Owners in any proceedings affecting the Project relating to the rebuilding or any portion of the Project, including, without limitation, proceedings with al)y governmental or quasi- ".~~¥;r.~":~Q.~~v·~~~tffi;~&~~,-~·~frgct~~~f*~p~l~~~~;m:""W~~~l~J~ie~~h~~~cf~~~~f!t,~?i,we~~~~~~" • 7 membership in the Association to Class A membership, Declarant shall have the right to directly participate therein. ' 17. CONDEMNATION If at any time all or any portion of the Project, or any interest therein, shall be taken through any public or quasi-public taking by exercise of eminent domain or by"private purchase in lieu of eminent domain ("Condemnation", the award in Condemnation allocable to the Project shall be paid to the Association. The Board shall have the exclusive right to participate in and represent the interests of all Owners in the Condemnation proceedings affecting the Project and no Owner shall have the right to directly participate therein, except that, prior to the conversion of the Class B membership in the Association to Class A membership, Declarant shall have the right to directly participate therein. The Board shall promptly notify all Owners (and all insurers, and guarantors who have requested written notice), as soon as the Board becomes aware of any taking or threatened taking of any portion of the Project by Condemnation. 17.1. ASSOCIATION AS ATTORNEY IN FACT. The Association, acting through the Board. is hereby appointed and shall be attorney-in-fact to represent the intereSts of all the Owners in any actual or threatened condemnation action affecting any porti9n of the Common Area and with respect to any Condemnation proceeds payable relative to the Project, and any such Condemnation proceeds shall be so payable to the Board. as trustee. or any to any trustee appointed by the Board. The Board shall have full power to receive and to receipt for the proceeds and to deal therewith as provided hereafter. 17.2. CONDEMNATION OF·A SEPARATE INTEREST. In the event of any taking of a Unit, the Owner (and his Mortgagee(s) as their interests may appear) .of,·the Separate Interest shall be entitled to receive the award for: such taking and--after .acceptance tller-eof .~,'~\ : -(",'mer and the' Owner's. Mortgagee(s) shall be " .' :-.-dive~t~of ;·a.lk·~f.llJcth~r: 7intli;::C:-~+" t~le .C~<'K1ornirIlL'-\1 Property -or~any-' "portieR tb~r~Of:an~ .;:~ ~ ~'. membership,-ih .the-Associa\~ol' _ 1, :->lr:h ~ve:'ll,said u"Imer shall grant hi$ remaining interest in' . . the Cammon Areas that may e(~ c:ippurtenant to his Unit to the other Owners owning a fractional interest in the same'·Comfnon Areas, such grant-to be in proportion to the fractional interest in the Common Areas then owned by each. , . - LAVERCIA Draft DECLARATION 64 CITY DRAFT DEC.DOC •• ";0 . " 17.3. INTERIOR DAMAGE OF A UNit. With the exception of any casualty or damage insured ag'ainst by the Asspciation pursuant to Section 15.1.1 of this Declaration, restoration aod repair of any damage to the interior of any individual Unit, including without limitation all fixtures, cabinets and improvements therein, -together with restoration and repair of all i~terio~ pa'!1},lJ'{all ~~erings..and flqoL~~e[.~, ., ... """' .... . ~~~~shall~be~made"'by:l"ah'd$'afltHEfliiACi~iaifaJ;¥exp~'t3-1;n .. Q'1~~~--m~~RrffStmr,;;wgrd.~Jri~~~ event of a determination to rebuild the Project after partial or total destru<;:tiqn, as provided, in this Article, such interior repair and restoration shall oe completed as promptly as practical and in a lawful and workmanlike manner, in accordance with plans approved by the Board or its delegated committee as provided herein. ' 17.4. CONDEMNATION AND INSURANCE PROCEEDS. (a) Condemnation proceeds shall be used by the Associa,tion to (i) pay for the Association's reasonable costs related te the Condemnation action, (ii) return the Project to as near its previous form, condition and use as it Was in prior to the time of the taking. Any proceeds remaining after such repair or r:ebuilding shall be retained er distributed in accordance with any of the following: (b) The Association shall retain the, remaining proceeds as a capital contribution, unless objected to by a majority of all of the Owners, and in the eveht tnat (1) The costs of distrii:>ution of the remaining proceeds Would exceed one-half of their amount, or (2) Aft~r deducting costs of distribution, the pro-rata amount of the distribution would be less th~n :$1 ,000 per Unit; (3J Pursuant to a court order; (4) Pursuant to an agr~ement between the condemning authority ano the Association, which has been-approved by tpemajority of the Owners. . (cj Among the affected Owners and their respectiv~· First Mortgagees according to the relative values of the Unit~ affected by the condemnati<;>'n as determined by independent appraisal by a qualified independent appraiser selected, by the Board. In the event of a failure by the :Board to agree on the selection of an appraiser, an apprai,ser shall Qe appOinted by the, then, President 'of the San Diego County Bar Asso~;~tion: .~, ':- " , " -;, -In the event of .any dispute ynder 'thl~ ~~~;);K~::~; -with;-th~ exception of any' such -dispute that may be at issue specifically against the' Declarant relating. to matters of the construction of Improvements in the Project, such dispute snail be determined by arbitration. Any arbitration proceeding undertaken pursuant to this paragraph 'shall be conducted in accordance with the Commercial Arbitrat!RQl.,Hules of the American Arbitration Associationiri ~: ':'; " , LAVERCIA Draft DECLARATION 65 CITY DRAFT DEC.DOC ---------------------------, effect at the time demand. for arbitration is made. The arbitration shall take place in the County before a single arbitrator. The parties incorporate herein the provisions of Califomia Code of Civil Procedure Section 1283.05 with respect to any such arbitration. The decision of the arbitrator shall be conclusive, final, and binding upon all of the parties, their heirs, execUtors, i administrators, successors, assigns, officers, directors and shareholders, as applicable. i,~~~~~~~.l,I,~g~~t~l,IPQljli'I'l.t!;\(a~d.(aci~!on,....,Qf,..~~~~.!='.r:P!tPi~,!Q!t,iffi!y~~~.l}iSgt~~~-.;r,Lfil,:.~~Gy't',li:S:9.~-9t'l.tiSPr;p.Q')~~F " . junsdlctlon. The cost of such arbitration (Including attorneys' fees) shall be DOme by the 'non.; ,'t, ", " prevailing party (as determined by the arbitrator). The foregoing notwithstanding, any disput~ under this Article between, on the one hand, the Association and/or any Owner, against, on the other hand, the Declarant, shall not be limited to arbitration, and the Association and/or any Owner is authorized to perform any act reasonably necessary to resolve any dispute against Declarant, as more fully described in Section 21.8 entitled "DECLARANT DISPUTES. 18. RIGHTS OF LENDERS 18.1. GENERAL. No breach of any of the covenants, conditions and restrictions herein contained, nor the enforcement of any lien provisions herein, shall render invalid the lien of any First Mortgage on any Condominium made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise. Any provision within the Project Documents to the contrary notwithstanding, First Mortgagees shall have the rights expressly provided in this Article. 18.2. NO RIGHT OF FIRST REFUSAL. This Declaration neither contains nor shall be amended to contain any provision creating a "right of first refusal" to the Association before a Condominium can be sold. Should any such rights nevertheless be created in the future, such rights shall not impair the rights of any first mortgagee to: (a) foreclose or take title to a Condominium pursuant to the remedies provided in the mortgage, (b) accept a deed (or aSSignment) in lieu of foreclosure in the ev~nt of a default by a mortgagor, or (c) sell or lease a Condominium acquired by the Mortgagee. 18.3. UNPAID DUES OR CHARGES. Where the Mortgagee of a First Mortgage of record or other purchas~r of a Condominium obtains title to the same pursuant to the remedies in the Mortgag~ 9r as a re~ult " of foreclo's'ure, ~uchacquirer of. title, hi:s ~u~cessp.($~anctassign$,. shaJl. nQtl>eliable:f.orthe stiare,r,' , -y , '. of: tl1~~ ,~o'mri1on' :expe'nses_1>r ·asiessmentijlla-de.-~by-: 'l~e As$QC'iatiofl -chargeable .~o, ~udi " , ~Condominium which became due prior ttnhe acqU1$itiQn'f:6f.titfe:"to~~uctr ConQ9minium ,by such: ",. 'acquirer. Such unpaid share of common 'expenses or assessments' shall be deemed to be common expenses collectible from all of the Condominiums including such acquirer, his successors and assigns. Should such acquirer fail to pay its share of common expenses, assessments or other charges when due, the Board may file for a Notice of Delinquent Assessment in accordance with the provisions therefor contained in the Section entitled' "Effect of Non-Payment of Assessments" herein. LAVERCIA Draft DECLARATION 66 CITY DRAFT DEC.DOC • • >= 18.4., ACTION REQUIRING MORTGAGEE APPROVAL. Provided that the mortgagee informs .the A$sociation in writing 'of its appropriate address and requests in writing to be notified, except as provided by statute in case of condemnation or substantial loss to the Common Are,a of the Project; unle~s at least sixty-seven . ~~~~~~~9Z.cr!})j>etJpt'f;~@.t.M.Q,agiQ.~~~§".(£~~At,ij~~(J,).~Ck~JR ,. ~f1~~~,a.~~~r , sIxty-seven percent (67%) of the Owners (other than Declarant) of . VI ual ConaomlnlufnS~~~ .in the Project have given their prior written approval, the Association and/or the "Owners shall, not be entitled to: ' , , (a) By act or omission seek to abandon, partition, subdivide,encumber, sell or transfer the Common Area, or any property owned, directly. or ,indirectly, by·the Association , (the granting of easements for public utilities or other public purposes consi$tent with the intended use of the Common Area by the Association is not a transfer in the meaning of this clause); , (b) Change the method of qetermining the obiigatioris,assessments, dlies' or other charges whjch may be levied against an Owner; or ' . (c) By act or omission, change, waive or abandon any scheme of regulations, or enforcement thereof; 'pertaining to the architectural ,design or the exterior appearance or exterior maintenance of Condominiums, the maintenance of the Common Area walks or fenc;es and driveways, or the upkeep of landscaping in the Common Area; or (d) Fail to maintain fire and extended coverage on insuraple AssOciation Common Area imptovements on a current replacement cost basis in an amount not less than ,one hundred percent{100%) of the insurable value (based on current replacement costs); or " '(e)' Use hazard insurance proceeds' for losses to AssoCiation common property for other th,an the repair, replacement or reconstrl:lcti.6n of such Common Area property. 18.5. PAYMENT OF TAXES AND 'INSURANCE. First Mortgagees may, jointly, singlely or severally: (i) pay taxes or other charges which are in default and which mayor. have become a charge against the Common Area,' unless' the taxes or char,ges are separately assessed against the Owners, in which case, the rights :of First Mortgagees shall be governed by the provisions of their Mortgages; (ii) pay overdue premiums on hazard insurance pOlicies, or secure new ha?:ard insuranCe coverage on the' lapse of a policy for the Common P.irPR. First Mortgagees making Such payments, shall be owed , immediate reimburs,emJ~nt vorn t\1'f~ Associ:9tion. ThJs provision shall constitute';an: agre'ement , by the Associi' jk~;f~'ji the 0xpre~:{s. ':':~'[len~, of all First Mortgagees, ,and upon'tne·'cr~'q,~~~~:9f~ cifiy First Mortgagflc, "ine Assoda,tion' shalf execute and c;leliver to such Mortgagee a separate' written . agreement e'm9oct;!rns.:s' this' provision.' . , 18.6. ,PRIORITY OF PROCEED OR AWARD DISTRIBUTION. Any other provision, herein contained' to the contrary notwithst~nding, 'rio provision of this DecJ~f:.~tion or any other .Rr.oject Oocument shall give a Condominium Owner, or J,"> .'" LAVERCIA Draft DECLARATION 67 CITY DRAFT DEC.D,QC --- - -----------, • • any other party, priority over any rights of the First Mortgagee of a Condominium pursuant to its mortgage in the case of a distribution to such Condominium Owner of insurance proceeds or condemnation awards for losses to or a taking of the of Common Area property. 18.7. NOTIFICATION TO ELIGIBLE MORTGAGEE HOLDER. M~~~~~~~~~M'#~~~~~~tx~~p;~~;ritt:nr:qtieSt~rc;the~~~71~id~l~th-:i{~~l:·~fm.~~~;~ holder, insurer or guarantor and the Condominium number or address, any Eligible Mortgage Holder or Eligible Insurer will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss which 'affects a material portion of the Project or the Condominium insured or guaranteed by such Eligible Mortgage Holder or Eligible Insurer; (b) Any default in the performance by an Owner of any obijgation under the Project Documents not cured within Sixty (60) days; (c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (d) Any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holders .as required by the Project Documents. 18.8. AGREEMENT FOR MANAGEMENT. Any management agreement of the Project,or any portion thereof, and .any other contract providing for services by the Declarant, shall be terminable for caase upon thirty (30) days written notice, and without cause or payment of a termination fee upon ninety (90) days, written notice and shall have a term of not more than one (1) year, renewable with the consent of the Association and the management agent. The Board shall not terminate professional management of Project and assume self-management, when professional management had been required previously by an Eligible Mortgage Holder, without the prior written approval of Mortgagees holding seventy-five percent {75%) or more of the First Mortgages on Dwelling;s. 18.9. INSPECTION OF PROJECT DOCUMENTS, BOOKS AND RECORDS. The Association shall make available to Eligible Mortgage Holders, current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours or under other reasonable circumstances. 18.10.· . NON"CURABLEBR·EACli. .)-' - Any Mortgagee who acquires title to a Condominium by foreclosure or by deed- in-lieu of foreclosure or assignment-in-Iieu of foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. A "breach",. as used herein, shall not apply to any lien of or obligation for assessments owed to the Association which became due prior to the acquisition of title by deed or assignment in lieu of foreclosure. LAVERCIA Draft DECLARATION 68 CITY DRAFT DEC. DOC ~--------------~------------------------~~ • 18.11,. LOAN TO FACILITATE. Any First Mortgage given to secure a loan to facilitate the resale of a Condominium after acquisition by foreclosure or by 'a deed~in';lieu offoreclo$ure qr by an assignment-in-lieu of foreclosure shall be deemed to be a loan made in good faith and fot value , • , ' ~ EW~d EmtitJ~q to all of t1Je.rjahts and o(otectiQns ,of thi$.~rticl~ .. ~ " " .., " .,' .',' ."". ~~'J.t~ ~ ,--~~~~~"""',!!'~~f~~-~<'>l'~~'W'~~!'i'~~1~~~"'.~~~~~""·- -~O;.-' ........ , .-, -'" • -..... -'. ~ • ;>-..... ',' ... ~. r ", ..... ".;j..,~~~"'~'!f ..... 18.12. DOCUMENTS TO BE MADE AVAILABLE. The Association shall make available to First Mortgagees and 'to holders, insurers or guarantors of any First Mortgage, current copies of the ProJect Documents, and the books~ records and financial 'statements of the Association. "Available" 'means, available for ' , inspection, upon' request, during normal business hours or under other:' ,(eascnaple' circumstances. Eligible Mortgage Holders' who represent at least fifty-one percent (5~ %} ,or more of the Condominiums subject to a Mortgage shall be entitled to have an audited statement for the immediately preceding fiscal year prepared at their own expense, if one is hot otherwise available. Any financial statement so requested shall be furnished within a reasonable ,time following the request. In the event that fifty (50) or more Condominiums have been made subjectto this Declaration, then the Association shall make available to the,' holder, insurer or guarantor of any First Mortgage, an 'audited financial statement on submission of a written request for the same. The, audited financial statement must be made-av.ailable within one hundred twenty (120) day's of the Association's fiscal year end. ' In the event fewer than fifty (50): Condominiums have been made 'subject-to this Declaration, then a First Mortgagee shall be entitled to' ,have ar:l audited financial statement, provided the same is prepared at the Mortgagee:s sole expense. 18.13. MORTGAGEES FURN'iSHING INFORMATION. , " , ' Any Mortgagee can 'furnish information to the Board conceming thestatu$ of any- Mortgage. 18.14. FINANCIAL STATEMENT. Any First Mortgagee shall be entitled, '··on written reque.sttherefor, to have an audited financial statement for the immediately pre~ding fiscal year prepared at its own expense if one is not otherwise available. ,Such statement shall be furnished within a reasonable time followirlg such request. -, 18.15. " '.-' Neither-the Associati<:.;'~ ~,-I: OV!;'.!'1.Jrs, may electto;;terminate the legal status of-the - Project .for reasons-other than substantLI 'C~~.:rl! \..ctio,n or condemnation. of the Proje<?t without the .. " written consent of Eligible Mortgage Holders who, r.epresent ~t least sixty-seven percent (67%) of the votes of the mortgaged Condominiums. LAVERCIA Draft ,DECLARATION 69 ' , CITY DRAFT DEC.DOC • • 19. CONDOMINIUM PLAN AMEND'MENT 19.1. AMENDMENT BY ASSOCIATION. , (a) To cause the Condominium Plan. to comply with the Condominium Buildings and Units as actually built; (b) To adjust the boundary or delineation lines of any Exclusive Use Common Area, so to conform with actual physical attributes or constraints of the land or buildings that were not contemplated originally; and/or (c) To correct any errors in the original plan. (d) Upon the conveyance of the first Condominium Unit in the Project to a Retail Buyer, the rights described in subsections (a), (b) and (c) above shall become operative and shall be controlled by the Board of Directors ,of the Association, together with the Power of Attorney described hereinafter, and may be effected upon the majority vote of the Board, whereafter, such amendment shall be effective upon its recordation in the Office of the San Diego County recorder, ~xecuted by the President and Secretary of the Association, acting as Attorney-In-Fact on behalf of the Owners and those Persons described in the Section entitled hereinafter "Power of Attorney." 19.2. RESTRICTIONS AND LIMITATIONS. The rights of the Association set forth in this Article are and shall be subject to the specific restriction and limitation that any amendment of the Condominium Plan that is made so to reflect· a Condominium Building or Unit therein as actually built, where a Unit in such Condominium Building is the subject of an Agreement of Sale or is owned by an Owner or Owners other than Declarant, shall requite the written consent of such Unit purchaser or Owner; and in the case of an Owner, the written consent of all beneficiar.ies of record whose interests are secured by such Unit or Units. 19.3. POWER OF ATTORNEY. Each Owner, by accepting a deed to a Condominium, shall be deemed to have constituted and irrevocably appointed for himself and each of his Mortgagees, option~es,. gr~ntees, Iicen~,ees, trustees, receive~si {essees,-tenants".. jLi9.9.o:teBt:-ereditor~, heir~ lega~ees,·· --: :', devisees, administrators, executors, legal representatives, success,ors' and assigns, whether voluntary or involuntary, and thereby. to have conveyed a Power of Attorney coupled wit~ ~,n interest-to the Association by its Rresident anc:~ Secret?f.y,· as l'lfS AtWfr:ley-ln-Fact, to' effect ~h~" '.' amendment of the Condominium Plan or PI~ns for the Project in accdtdance with-thS:limitations ' and requirements set forth in this Article, and in con'nection therewith, the following shall be operative: ' LAVERCIA Draft DECLARATION 70 CITY DRAFT DEC.DOC • (a) Such amenG.iment or re-recordation shall be Subject to the laws of. the State of California in effect on' the date of recordation of this Declaration' anct a~ thereafter - enacted or amended and any ordinances, rules and regulations of any federal, state and -loGaI governmental entities and authorities having jurisdiction over the Project in effect On the" date of recordation of this Declaration and as thereafter-enacted or amendedj, or which: may be required "~I'f'A"t¥.~g,r;.R~-r;m.J!t~.Q,.9;tl'Alj!y.J!!l~",j!l,Sr<4£~r~Q£..~~~~~p"Ri.§gg;;&.QJJDl.Y~~,~.~!:9..~f'}~9.9,J,I;J.t~.n9~Sl9~t--. " ,:.. --to 'perform all conditions, undertake any obligations and execute all agreements' ". documentation required or permitted by any federal, state or local governmental entities arid authorities; and to execute, acknowledge and deliver any' imprOvement agreernentsand bonds and post depOsits secudng the performance of any such conditions'and obllgations; , (b)' The AssoCiation shall, if required,' make aPPlication for any property reports Or amendments thereto or-exceptions from the requirements therefor 'required Or permitted in order to comply with ,any federal, state or local 'statutes, 'rules arid regulations relating to the sale, lease, transfer or'other disposition of subdivided .lands to the public and, in connection' therewith to perform all c.9nditions, undertake any obHgatior;ls and e,xecute all agreements and docl,Jmentation, required or' permitted by any federal, 'state and local governmental entities and authorities; to appear before any such governmental entities and authorities; and to e~ecLite and deliver any agreements ,and bOnds securing the performance of the obligations contalhed therein; " (c) The Association shall deliver any reports or prOperty reports, or amendments thereto, obtain receipts and offer and administer rescission. rights required by law; -(d). The Association shall prepare ·or cause to be 'prepared, execute; acknowledge, file or cause to 'be filed for approval' and file or record or cause,-to be -filed or recorded any ,registration. or any' application for any permit, approvaliexemption, ruling or entitlement required or permitted pursuant to any law or regulation in effect as Of ttH~ date of the recording of this D.eclaration. andas·hereafter enacted or amended by any federal, state or local governmental entities and authorities, and in connection' therewith to perform all conditions., undertake any obligations and execute all agreements and documentation required or permitted by such governmental body and by 'any such 4aws and regulations; to appear before any such governmental bodies and to exe¢ut~ and deliver any agreement and bonds and post depOSits se'curing the performance, of any such conditions and obligations; and do all other thing~ now or hereafter permitted or required by: any such governmental .body and. any slJch laws and regulations; . . '- (e) . Topr'epare or cause' to be prepared, execute; ,acknowledge and' record or cause to be recoreted any deeds, waivers,releases, reconveyance or:other documentation that may be permitf-Ador reqUlredto clef.lr title to any Condominium, whether constrllcted' or to be cons' tructe' ,.J in f~' Q m ro,;';. ,,~. -'1r' • .. • ..:;~t ... '.( .:'!~ \. / .• ~lf.:, J":;'''::'',.'''::': '~~. ~~ ofo! . (f To do any and all things necessary or desirable under the circumstances to effect ~;,~ I~C(;i:", dplish th~ amendment of the Condominium Plan. LAVERCIA Draft DECLARATION 71 CITY DRAFTOEC.DOC • • 19.4. INDEMNIFICATION OF OWNERS ON EXERCISE OF POWER OF ATTORNEY. The Association shall indemnify and hold each Owner harmless from aU liabilities, including attomey's fees, which are incurred as a direct result of the execution by the Association of an~ imp.rovement agreements or bonds or bOth in connection with the $xerci$$ , "':", _, :-~J'<"~;:"~'¢Mfjfft)y'",·thi~1\iSoCial1c)ri~l·tile0P6w~rofAttOlT\ey'~~rfoftK~ih'Nf'Sfla~n'il'li€rtiiri~Wrifitiid"!tp()wt~.w-\:l\it.~ . ~_* .. I < --. Attomey." . 19.5. ENCUMBRANCES TO TAKE. SUBJECT TO POWER OF ATTORNEY. The acceptance or creation of any Mortgage, whether voluntary or involuntary, and whether or not created in good faith and whether or not given for value, shall be deemed to be accepted and/or created subject to each of the terms and conditions of the Power of Attorney described in the Section in this Article entitled "Power of Attorney". 19.6. EFFECT ON ASSESSMENTS LIENS •. The amendment to the Condominium Plan In accordance with the provisions of this Article shall not alter or affect the amounts of any Regular or Special Assessments which were due from any Owner prior to such recording or liens thereof. 19.7. AMENDMENT BY DECLARANT. Declarant may amend any Condominium Plan covering any Unannexed Phase in the Property in accordance with the provisions therefor contained in Civil Code Section 1351 (e) . and Govemment Code Section 66427. 20. AMENDMENTS 20.1. PRIOR TO PUBLIC REPORT. Prior to the issuance of a Public Report for the Project, Declarant may amend this Declaration by recording an amendment instrument with the Office of the County :Recorder, which shall become effective upon recordation thereof; provided, however, no IImaterial amendment" (as described hereafter) of this Declaration may be made without the additional prior written consent of Eligible Mortgage Holders who represent at least fifty-one percent (51 %) of the votes of Units which are subject to Mortgages held by such Eligible Mortgage Holders. 20.2. AFTER PUBLIC REPORT; PRIO.R TO FIRST LIVING UNIT . -. -. I";:ONVEYA'NC:E -;. . --', . .u. " , ~.,. ..' After issuance of a Public Report, but prior to the close of escrow on the sale of the first Condominium Unit in the Property, Declarant may amend this Declaration with the consent of the ORE and the VA. LAVERCIA Draft DECLARATION 72 CITY DRAFT DEC.DOC e. 20.3. AFTER PUBLIC REPORT; AFTER ,CONVEYANCE OF FIRST UNIT. Except as may be in accordance with .the provisions of California Civil Code ' Sections 1355 and 1368 or any amendment or successor statute thereto, (juring the period of time after the sale of the first Condominium, and prior to conversion of the Class'B membership in the Association to Class A membership,this D~claration may be ~mend~d at ~ny time and".~ ," "A~;'~·>;'*frornllme+lo"'fm~DY~fRrV01(;'''~rrtte'n.'('asSe1ft1>rfj'~evenp~~tltu.J.(67%r51(jrtfirtgrth~mfl~~"T' power of each class of Members of the Association. After conversion of the Class B membership in the Association to Class A membership, this Declaration may be amended at any time and from time to time by the vote ,or written assent of (i) sixty-seven percent (67%) of the tot~1 voting power of the Association, and (ii) sixty-seven percent (67%) of the voting power of the members of the Association other t/:lan Declarant. However, the percentage of voting power ne,cessary to amenct a specific clause or provis.ion shall not be less than ,the prescribed percentage of affirmative votes required for·action to be. taken under that clause. Any such amendment shall become effective upon the recording witll the Office of the County Recorder ofa Certificate of Amendment signed and acknowledged by the President or Vice President of the Association and the Secretary or Assistant Secretary of the Association, or by the incorporator of the Association, ,in the event that no Board of Directors has yet been, elected to establish officers of the Association, certifying that such votes or written consent have Qeen obtained,. For the purposes of recording such instrument,the President or Vice-President and Secretary or Assistant Secretary, or incorporator of the Association are hereby granted an' irrevocable~power of attorney to act for and on behalf of each and every Owner in certifying anq executing and recording said amendment with the Office of the 'County Recorder of San Diego County, California. No material amendment may be' mage to' this Declaration without the additional prior written consent of Eligible Mortgage Holdel's who represent at least fifty-one percent (51%)' of the votes of Units which are subject to mortgages held by such Eligible Mortgage Holders. "Material amendment" shall mean any amendment to provisions of this Declaration, that establish, provide for, govern or regulate any of the'following: (a)-Voting rights;. (b) fncreases in assessme'nts that raise the previously a,ssessed a'm'ount by more than 25%,assessment liens, orthe priority of assessment Hens; (c) Common Area; Reduction in reserves for maintenance, repair, and replacement of the '(d) (e) (f) . Responsibility for maintenance and repairs; RealloCation of interestsJn the.Proj.f;:ct, or· rights to their tjse; . ." . -~.' ~ .' (g) ConvertibiHty of Con'j,.::r'"}!.r:;.:'}l;<W. into Common Areas .orvisa versa; (h) Expansion or contraction of the Project, Or the adclition, annexation or withdrawal of property to or from the Project; (I)lrsurance or fidelity'b~rid coverage; LAVERCIA Draft DECLARATION 73 CITVORAFT DEC.DOC • • 0) Leasing of Dwellings; (k) Imposition of any restrictions on an Owner's right to sell or transfer his or her Dwelling; ,. (I) , Any decision, by ttle Board, to ~~tablish" self-:!!lanag~ment ,woe" ,~_. ""0' ,., ~, . ':"--~~4·':j~~~·,;~,~h":pf6fessIBnaf"managem'E!'nt'ha;(lbe~"'t~requirtfd~ ~ffeviousi~ftjY"'tfii~pfojeCr:DbE(jNli\f"tWJ.t)r~Y~~:~·· Eligible Mortgage Holder; (m) The restoration or repair of the Project (after hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; (n) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; or (0) 1 , Any provisions that expressly benefit Mortgage Holders, insurers or guarantors. (p) Any Eligible Mortgage Holder or Eligible Insurer who receives a written request to consent to additions or amendments requiring consent under this provision who does not deliver or post to the requesting party a negativ~ response within thirty (30) days after such receipt shall be deemed to have consented to such request, provided that notice was delivered by certified or registered mail, with a "return receipt" requested. 20.4. AMENDMENTS FOR TECHNICAL ERRORS, CLARIFICATION AND CHANGES IN LAW. Each Owner by acceptance of conveyance of title to a Condominium and each Mortgagee by acceptance of a Mortgage or Deed of Trust secured by a Condominium, hereby agrees and consents to the amendment of this Declaration and the subordination of their respective interests in the Property for the purpose(s) of correcting technical errors or clarification and/or to effect compliance of one or more provisions of this Declaration with such amendments, repeals and/or additions made to statutory law, whereby th.e provisions contained in this Declaration are in conflict therewith. The foregoing notwithstanding, to the extent that the provisions set forth in this Declaration are intended to comply with the provisions of the Common Interest Development Act as set forth at Civil Code Section 1350 et seq. ("CID Act"), and any other statutory law, upon any changes to the CID Act or other statutory law relating to such provisions of this 20.5. BUSINESS AND PROFESSIONS CODE SECTION-11018.7. , ' , I" _---; • ..;. __ ~'rf...:' .'.~ ''-:'~1-''''''''-' ~ .... ~. :.~' ........ ,~.-of': "':'-_" ~' k' >-.,' '" ,A~! "amendm~nts Of rev~tioiis 'olthis ,~eclaf~tlon': s~ ,eornp!y ',~th";::tbe', prOVisions of Califbrnia Business' and Professions· Cod~Sectioh -11 otS], oc a'n~ successo.r ' statutes or laws, to the extent said Section is applicable.' ' . . .-,'" , 20.6. RELIANCE ON AMENDMENTS. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. LAVERCIA Draft DECLARATION 74 CITY DRAFT DEC. DOC • .' 21. ENFORCEMENT; ARBITRATION; , , DECLARANT DISPUTES;, MEDIATION; JUDICIAL REFERENCE, REQUIREMENTS PRIOR to CERTAIN LEiGAL ACTIONS, Subject to the "prefiling requirements" of the provisiorls of California Civil' Code Section 1354, as it may be amended from time to time, the Association and/or :anOwner or Owners, including Declarant, shall have the right to enforce, by any proceedirlg at law, in equity or pursuant to the provisions of this Declaration, all restrictions, conditions,' covenants, reservations, liens and charges now or hereafter imposed by this O~craration, The foregOing notwithstanding, by mutual agreement, the parties to any action hereunder may elect tcLuse arbitration for resolution of any matter, as more 'fu.lly 'described in the Section 'hereinafter eri~itled "Arbitration." , .' 21.2. BOARD TO PROVIDE ANNUAL NOTICE TO MEMBERS OF. PREFILING REQUIREMENTS OF CIVIL CODE SECTI9N 13'54. The Board shall provide or cause to 'be provided annually to Members of the Association a summary ("Annual Prefiling Summary") of the.' provisions of California Civil Code Section 1354,which provides, among olher things, that prior th~ filing of a civil ac;tion by either the Association or a Member of the AssoCiation ofa Civil action solely for declatatoiyrelief or injunctive relief, or for declaratory relief or injunctive relief .in GQnjunction with a claim ·for monetary damages, other than Association assessniEmts not in' excess of five thousand dollars ($5,000:00), related to the enforcement of the Project Documents, that the parties sheil I , endeavor to submit their dispute to a form of alternative dispute resolution such, as mediation or arbitration, The Annual Prefiling Summary shall, be provided either at the time that the proforma operating budget is distributed in accordance with the provisions contained in the Bylaws, or in a manlier specified in Section 5016 of the Corporations Code" as:ifmay from time to time b~ amended, The Annual Prefiling Summary, shaH include the 'following, language: '''Failure by any Member of the Associa'tion to comply with the prefiling requirements'of Section 1354 of the Civil Code, m~y result in the loss of your right to sue the Association or ,aiJQther Member of the Association, regarding enf9rcement of the governing ,doc.uments. " 21 ~3. NUISANCE. The result of every act or omission, whereby any, provision, condition, restriction, covenants, easement, or reservation contained:in, this,DeClaratipnis,Violatedin whole orin part, is, hereby declared t6 .b:ic· nnd consJ:t!,!te 8,nuis8Ii1ce', and every remec;lyallowed bylawo{.' eql,Jity -against a nuisan-ce~ c!.i·.~,·,:",~~;:;l,)~':pr' ;'J :)i">:'#5~~i!,::{~_~}f;,Y;~'~; '~i~pli,cable ,against every "such ~esIiJt"~nd may be . '" ,.'~" »~, ,;,~", .. " '~ ... '" "f>. """~~' I",~ ''"''''oer E ch re' med'y' p,j:'rov'lded 'by th'ls eXerCISE'-,,', t·,;'> ,,~,t,. t"''',,,<,,, .. "";"<;.':'~"" ;\"" . .' ,~VI!d,I'!I • ,a, '", '" ,'" , Declaration shall bQ ..1F;,.-A j'f,'i", >a! 'Id ,not eXClusive,' . , "-. 21 ~4.FAILURE TO E;NFORCE. ' 'Failure by the Association, any Owner,including Declarant, to enforce any provisions of this Declaration shall in no event be deemed a Waiver of the right to 'do so thereafter, ',':;,,::':~';{' ,:~~,~~:; LAVERCIA Draft DECLARATION 75 CITY DRAFT DECJ)OC ------~-------~~-----------.,..--------------------, • 21.5. VIOLATION OF LAW. Any violation of any state. municipal or local law. ordinance or regulation pertaining to the ownership. occupation or use of any Condominium within the Project is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures herein set forth . if ... ·.-:tI.'-.... w ........ "'A .. ~p-?r!:~q 1--,. '~';'_~!''':,v--:. ~"l..: -t .. ~F.~'" ,~.'),. "' ......... ' .... ~ .• 1':;.&-'''.11,)''''i''-::;.!..: .... '::~_'!,o.. ~""""'.",!~ ... .,...' ~;..~,.. ~;-..,;,. :-;1.,. l.'~':'\i'i' •• ,~, ".".'1 · ... ;..:...-""-... i .... }, .• t <t, . .:~~.il;:./."..'t.~-~~,~:_·~:::.l .. ,:,...:.I.~~~~~~~1A~t"'..>,.,.I' ............ . 21.6. ARBITRATION. The parties to any claim. dispute and other matter arising out of or relating to this Declaration. the breach thereof. or to enforce any of the conditions or restrictions herein contained. or any matter b~fore the Association. may. by mutual agreement between such parties. be decided by arbitration in lieu of any Unless altE;!rnative arbitration procedures are mutually agreed upon between the parties-such as. but not limited to. court action. Any arbitration proceeding undertaken pursuant to this paragraph shall be conducted in accordance with one of the following: (a) the Commercial Arbitration Rules of the American Arbitration Association ("AM") in effect at the time demand for arbitration is made. or the procedures available(b) through the Judicial Arbitration Mediation Services. Inc. ("JAMS', --the arbitration procedure to be adhered to by the parties shall be those rules. procedures and powers concerning arbitration as set forth in Part 3, Title 9, of the California Code of Civil Procedure which includes Section 1280, et seq. ("CCP 1280 et seq. ") and any successor. (c) any other arbitration service that may be mutually agreed upon between the parties. Notice of the demand for arbitration shall be filed in writing by the demanding. party on the other .in accordance with the Notice provisions contained in Section 20.4. of this Declaration. Within five (5) days after replacement or additional provision of said Title as enacted into law. Any party shall have the full right of discovery as provided for by the California Code of Civil Procedure in effect at the time of the arbitration. In the event that any alternative arbitration procedure as noted hereinbefore does not provide for a such filing. the parties shall agree on an independent neutral arbitrator. If the parties cannot agree. or fail to respond within seventy-two (72) hours. then MA shall be the forum of resolution. The demand for arbitration shall be made within a reasonable time after the claim •. dispute or other matter in question has arisen. The arbitration shall take place in the County of San Diego, California. Any of the foregoing notwithstanding. a single arbitrator shall be used. The parties incorporate herein the provisions of California Code of Civil Procedure Section 1283.05 with respect to any such arbitration. as it may from time to time be amended or protocol. the provisions therefor contained within CCP 1280 et seq. or any successo·r statute. The decision of the arbitrator shall be conclusive, final, and binding upon all of the parties. their heirs. executors. administrators, successors. assigns, officers, directors and shareholders, as applicable. Judgment upon the decision of the arbitrator may be entered in any ·court of competent jurisdiction. The prevailing party(ies) (defined in the Section, immediately hereafter) ,in slJoh arbitration, shall be entitled to costs of such arbitration ,: and such attomey's, fees as thea'rb!ttl;:ltOi'" n',ay adjudge reasonable c;lnd proper. ' ~_~ -.'.- 21.7. PREVAILING PARTY.- The "prevailing partY' shall be the party who is entitled to recover his costs of arbitration. whether or not the arbitration proceeds to final judgment. A party not entitled to recover his costs shall not recover attorney's fees. LAVERCIA Draft DECLARATION 76 CITY DRAFT DEC. DOC • 21.8. DECLARANT DISPUTES. Any disputes between the Association (or any Owner$) and the Declarant or any' director, officer, partner, employer, subcontractor or agent of the Declarant relating' to this Declaration, the use or condition of the Property, and/or the design, construction and installation of ~ny improvements I~cated -thereon shall be subJec~ to the followii!gprovisions:. . . .,.' . . . . . .".~ <t< ~";.,..;';r}/~" .. '. "'\r:J;.~'r'-.;. :"'.l ~·o:r-~t~':'_·I' ... .::~~ =",:" :';t-t.--::l-,.~"'''''J~''4'''''~·'.!~~''~·J{~~·Y .. ~,\"l-~ f ~'Ii:""",:,,7·;'!o]t-· ~~~, .. !01:~;":',?~:. ... ~,..=~".! ..... ~r\ ... -:-: ...... ':i::'.t_ .... ~-r:.;Oj~~""'t~~.' .• ~~f.:'~_~:~."'-1I'~;;'':'-''''~l"',. ... .., .... :-~:.{~~ .......... y::·"'~~# .... --I,.~:t-Wg;!'F/~~'~.A--~~ :.,~::: ... -. 21.8.1. 'DECLARANT NOTICE. Any PersOn with a claim ag~inst thepeclarant or any director,. officer, partner, employer subContractor or agent thereof (coilectively :the "D~clarant" for pLirposes of thi$ section) shall notify the Declarant in writing of the claim, which writing shall describe the nature of the claim and the proposed remedy (the ~'Claiin Notic,e'l 21.8.2. RIGHT TO INSPECT AND RIGHT TO COR~ECtIVE ACTION. . Within a reasonable period after .receipt or the Claim Notice, which period shall not exceed sixty (60) days, the Declarant and the Claimant sh~1I meet at a mutually- acceptable place within the Development to discuss the Claim. At such meeting or at such other mutually agreeable time, Declarant and Declarant's representatives shall.have full a'ccess to the Property that is subject to the. claim for the purposes of inspecting the Property., The :parties shall negotiate in good faith in an attempt to. resolve the claim, If the Declarant elects to take, any corrective action, Declarant and Declarant's· representatives and agents $hall be provided full access to the DevelopmenHo take and complete corrective action. . . If the claim is subject to ,the provisions of Civil Code Section· 1375 as it may be amended from time to time, compliance with the procedlJres of Civil'Code' Section 1375(b), (c), (d) and (e) shall satisfy the requir~melits of Sections 21.8.1 and 21.8.2 above. . , 21.'8.3. ' MEDIATION. " (a) If the parties' cannot· resolve the claim pursuant to the procedures described in Section 21.8.2 above (incillding, if applicaele, Civil Code Sectioi'l 1375 procedures), the matter shall' be submitted to mediation pursuant to the mediation proc~dures adopted by the American ArQitration.Association or any succe~sor thereto·or to any other entity offering meciiation services that is aCGeptable to the parties. No person shall serve as a mediator in any dispute in which the, person has anyfi'nancial or personal interest in, the result of the mediation, except by the written c;onsent of allp,arties .. Prior·to ·acceptir:lg. any : app.ointrnent, the prospective mediator '~haILdisGles~::~ny"' 9¥,¢um.s.~~1~;t:jii;e~~'. :to f·~'ate ,a . ,_' •. ' " :. presumption of-Qias:o"'~vent,a'prompt corrimencehien.f6r·t¥.·~t~~\'il~;~'i.J:~'~i;~n P:,~t:·s.;;:;e,.~. '. . ", -" . .)... , . ,s. .~ /' ', ... : -:'--.• ' .. -(b) Within ten (10)-::,9aYs eltihe $.0!ectiorPor the', mediator,-each~ party shall submit a brief memorandum setting forth it$'·p6sitfon With regardc:to,·the ,issues that need to be resolved. The mediator shall have the rightto .schedule a pre-mediation conference, and all' parties shall attend unless otherwise agreed. The mediation shall pe commenced .within· ten days. following the 'subnilttalof the memoranda. and shall'be concluded. within: fifteen (15) , days from the comni~ncement of the m~gi~tion unless the parties mulually agree to extend the ,,' , '\ ;~" , • • ¥ 'LAVERCIA Draft DECLARATION 77 CITY DRAFT DEC'.DOC • • mediation period. The mediation shall be held in the county in which the Development is located or such other place as is mutually acceptable by the parties. (c) The mediator has discretion to conduct the mediation In the manner in which the mediator believes is most appropriate for reaching a settlement of the . di.s~.~te .. .The mediator i~ a,uth~fized. t9 con9uct joln\ ~I}d s~parate ~.e~ti!:lgs with ~~e p.artie.~ ~~d .';' . to make oral and written recommendations for settlement, whenever necessary, the mediator ~ may also obtain expert advice concerning technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. (d) Prior to the C()mmencement of the mediation session, the mediator and all parties to the mediation shall execute an agreement pursuant to California Evidence Code Section 1152 .. 6 or successor statute in ,order to exclude the uSe of any testimony or evidence produced at the mediation in any subsequent dispute resolution forum, including, but not limited to, court proceedings, reference proceedings, or arbitration hearings. Pursuant to California Evidence Code Section 1152.6(a), the agreement shall specifically state: Evidence of anything said or of any admission made in the course of the mediation is not admissible evidence" and disclosure of any such evidence shall not be compelled In any civil action in which, pursuant to law, testimony can he compelled to be given. Unless the document provides otherwise, no document' prepared for the ,purpose of, or in the course of, or pursuant to the mediation, or copy thereof, is admissible in evidence; and disclosure of any such document shall not be compelled in any civil action in which, pursuant to law testimony can be compelled to be given. (e) Persons other than the parties, the representatives and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports or other documents received by the mediator while serving In such capacity shall be confidential. There shall be no stenographic record of the mediation process. (f) The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling ~nd other expenses of the mediator" al19 the expenses of ~I"!Y witnesses or the cost of _ ,any pr:qofs":"c,fexpert .advic~ produced at toe direct reque,;;! ;~f. the me~iato~( .shal,i.,..Qe b,9![le," 'E'i.;'JJ.f,JI:; by th"::i' pc..lties unles~. they agree otherwise. . I -. ~ .~. . .... :< .. " ~ ••• ,# 21 :8.'4 . .' . JUDICIAL REFERENCE. . . ~. .... ,',...: ~ .-.f' '.", _.; * "_, "";. .' ~ 'i." (a) If the parties cannot resolve the claim pursuant to the procedures described in Section 21.8.3 above, prior to the commencement of any litigation in any court of competent jurisdiction, the parties ,shall negotiate in good faith regarding the submission of the claim to judicial reference pursuant to Code of Civil Procedure Sections LAVERCIA Draft DECLARATION 78 CITY DRAFT DEC. DOC , .... " • • 638 through 645.1, inclusive or any successor: 'statutes thereto. The parties $hEfII cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. Declarant shall not be required topa8:icipate in the jUdicial reference proceeding unless it is satisfied all neceS$ary anq apf)ropri~te parties' Will participate, (b) The general referee shall have the authority to try aft issues. Whether of fact or 'law, and to: report a' statement o(decisJon." . 1he 'pslrties shalf use tlie-' ".-'d,'" procedures adopted by the American Ar,bitration Associati,on for judicial. reference or any other entity of(ering judicial reference dispute, resolution procedures as may bernutu~lIy acceptable to the parties, provided that the following rules and prpcedures shall apply in all cases unless the parties agree otherwise., which the Development is located; (1) The proceedings shall be heard in-the county In , (2) The referee shall be an attorney or retired, judge unless the parties agree o~herwise " (3) Any 'dispute re€jarding the selection of the referee shall be resolved by the entity providing the reference service,s or, if no entity is involved, by the court witq appropriate jurisdiction; (4) The referee may require pne or more, pre-hearing conferences; (5) The parties shall be entitled to disCQvery, ,and the referee shall over~ee discovery and may enforce all' discovery orders in the same manner as any trial court judge;' , (6~ The' referee shall h~ve the power to hear and dispose of motions in the same manner as a trial court judge; , (7) The, r~feree shall apply the rules of .law, including the rules of evidence, unless expressly waived by both parties; (8) A stenogra,phic record, of the hearing shall be made, provided, that the record shall remain confidential except as may be ,necessary fot post., hearing motions and any ~ppeals; , ", (9) . Thn-referee's ,statemenfof decision shall contain firidin~s o~ ~!3~: ~n~~con~lu~iopy,;r~k ,~::',£~, :,:,' ':;~S{;;~~~\:!J;it;F.~ffi~~~~~~:;' ~,::'~"f;~~'::~:;-:: ;~;:ti:\~~~~?i/,~~,;:~~~f~t:,~:; ~~" ~,_ ' " ,,., .. " :::..~,:", .,_,.,~'" ;:if:~:,,:!:ine,<referee shall have the'auth'ority,to rule oji'-all' , "' PQ~t-:tiearing mOtions in fhe-satnf,,,<,:.:,~!;.::r,as atriai:Judge.' '-'--, -' ' '....,," , (c) If ,tlie Association a.rid ,or Owner has cOmplied with the requirements of Sections 21.8.1,21.8.2,21.8.3 anq 21.S.4above (hereafter t~e "Notice"Right, Mediation and Reference Sections') anq either party elects not to participate .in the judicial reference proceeding 'be~use all nece,s:s,aty and' appropriate parti~s will not participate, the LAVERCIA I),raft DECLARATION 7$ CITY ,DRAFT DEC~:DOC' • Association, any Owner, or Declarant may bring an action in any court of competent jurisdiction to resolve the dispute. The Association and each Owner covenants that each shall forbear from commencing any litigation against the Declarant without complying with the procedures described the Notice, Right, Mediation and Reference Sections above. If the Association or any Owner breaches the foregoing ,covenant, Declarant may obtain an appropriate order compelling the' Association and/or Owner to comply with the procedures described in the f\,I9tice, Right, Mediation and Reference Sections: . Furthermore, nothing herein 'shall prevent the Association or any Owner from commencing any legal action which, in the good faith determination of the Board or Owner is necessary to preserve any Association's or Owner's rights under any applicable statute of limitations, provided that the Association or Owner shall take no further steps in prosecuting the action until it has complied with the procedures described in the Notice, Right, Mediation and Reference Sections . . (d) Notwithstanding any other provision herein to the contra'ry, in any dispute between the Association and/or any Owner and the Declarant each party shall bear its own attorneys fees. (e) Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the course of effecting a settlement or compromise and, as such, shall not be admissible as the admission on the part of any party or any representative or agent of that party to be utilized- for any such purpose in any action or proceeding. (f) Notwithstanding the provisions of this section, the Association, any Owner, or the Declarant shall not be obligated to participate in the mediation or judicial reference proceedings described herein if, prior to the commencement of the proceeding, that party makes a gOQd faith determination supported by valid and sufficient reasons that such participation is not in that party's interest and notifies the other party in writing of its determination not to participate: (g) Nothing herein shall be considered to reduce or extend any applicable statute of limitations. 21.9. MEETING AND NOTICE TO MEMBERS PRIOR TO CERTAIN LEGAL ACTIONS BY THE BOARD. Notwithstanding anything contained in this Declaration to the contrary, the Board shall not institute any significant leg~1 pro¢$ec;ting, including any mediation, arbitration or . aqministrative proceeding, a~ainst -any; r' "~dh witt-lOu.f~(i) conducting.· a Special Meeting of . . ... \ M~~qer$ t9. diSCu~ ~he~ ~a~lIrr-0: '~~:0 P((I~il:~S;t:=ld pl'oce~ding, and ·(ii) providing .th~ Members.'--·:~. ,.' J • ", <,~~I'::-iwi:ttel:1.ljotice-=-of su'9h, Sp.eciaJ Mi~, :r~ .. t ~/r)ich not~cE: ~hall be se'nt hot ·Iess thaI'}:, thirty (30)..,days :», .' ',' ::: "'", [GWil C~ 'Secti~n 1~~8A)a?rr.-.r': 'flDre than ,ninety (90) days before such Special Me~ting. . ~. The notice shan descflQe .the lO.t~;':"Wl'llg:~ ',' .. ,:!, • (a) The purpose of the proceeding; (b) The parties to the proceeding; LAVERCIA Draft DECLARATION 80 CITY DRAFT DEC.DOC . "4 ..... "r • .. (c) The ~nticipated cost to tlJe Asseciation(including attoml;!Ys' fees) in processing the proceeding; (d) The sour.ce of funds to process the proceeding (reserves or special or r~gular assessments); (e) The options, including civil acti(m, that are' available to address the purpose of the proceeding; (f) The place, day and hour of the meeting. (g) All such notices, sl:lall, ,be delivered in accordance, witl:ltl;te provisiO,f.\s therefor contain in the Sectiqn entitled 'Wotice" in, the Article hereafter entitled GENERAL PROVISIONS. " 21.9.1. DEFINI"TION OF "SIGNIFICANT LEGAL PROCEEDING." . ~,~ , -. - For purposes herein, "significant legal proceeding" shall niean~nd refer to any legal proceeding in which it ,reasonably couid be anticipated that any ef the following events could occur: ' . (a) The'levy of a Speci~f AS$essment to fund all or any portion of the costs of the proceeding; (b) Thl;! expenditure' of funds from the Association's reserves Tn connection with the proceeding in an amount in excess of five percent (5%) of the thericurrent reserves; , (c) The expenditure' of funds from the Association's Regular Assessment operating account in connection with tbe proceeding in ~n amount in excess of five percent (5%) of the then current fiscal year's budgeted:gross expenses; (d) The amount at issue 'is in excess O,f $25,000; (e) The proceeding cOlildhave a material adversl;! effect on t1i1;! ability to sell and/or refinance the Units during the period in which the proceeding is being prosecuted; or (f) The matter relates to the filing of alW, 'civil action by the Association against the Declar@1t or other person,f~ fl,lIeged dameue to>:ttle., Comm'en Ares$: " alleged·,damage to"1he Units OLportions th~reof thaFt/;Ie',f;,~J~.f:}ciation {or ",~~,:~~'~~~~~~'!. '~o,',r,i~itJtalnbr ' -; : , -repair; "o'r -alleged ~.!!'ag~ ~e the 'l) rii~t,~,jpor.if~§{~!~ ~4<~:;~~{ ~~j.",~~ >¥~~s, "'~~';~; j~~;: :,i,;r ~i$' Jnte.graUy . -' , ,..' related to, damage to~the" Commorf Areasi"or 'Units' ~\M(';:~b~~~~!f'i~';'·}"~ JI~it0\ )Y',Cii -t;]a Association 'i~ , obligated to maintain or repair. ,.,,', ' : ',:">' ',<,-,,:-' , . ,7!!~:~;f~~l ' LAVERCIA Draft DECLARATION 81, crN DRAFT DEC. DOC 21.9.2. apply: INAPPLICABILITY OF PROVISIONS; POWER TO TAKE ACTION. Notwithstanding the foregoing, the notice to Members shall not (a) To the filing or foreclosure of a lien levied by the Association for nonpayment of assessments and/or to the filing of an action ,in a court of competent jurisdiction to enforce such lien and/or collect such assessments; (b) To an action or proceeding to abate a nuisance and/or to effect the repair or maintenance of any element of the Common Area, or a Unit where an immediate threat to personal safety or of further property damage is involved; (c) To any dispute arising with a prospective ~purchaser which concerns or affects the close ofes,crow or matters concerning the close of escrow for the purchase of any Unit; (d) To enforce any completion bond as described in the Bylaws; (e) If the Board determines that an Association's claim or act with regard to an Action will be barred by an applicable statute of limitation or other exigency by reason of a delay in giving the notice, in which case the Board may take the necessary steps to commence the proceeding to preserve the rights of the Association; provided, however, that ~s soon as is reasonably practical thereafter, and not later than thirty (30) days following the commencement of the proceeding, the Board shall provide the Owners with notice as required herein and conduct the meeting therefor within ninety (90) days of such notice being given. 21.10. PREREQUISITES TO ASSOCIATION'S ACTION(S) AGAINST DECLARANT AND OTHERS Before the Association may commence any action for damages against the Declarant or anyone else based upon a claim for defects in the design or construction of the Project or any portion thereof, all of the requirements of California Civil Code Section 1375 .(b) to (g) Inclusive, as it many from time to time be amended, shall be met. ' 21.11. ASSOCIATION CLAIMS. In order to assure sufficient funds to effect proper construction, reconstruction, repair or replacement of Improvements, within the Project, in any, litigation, mediation, c(jrid.,\~,:tivl1. settlement, administrative proceeding, -arbitr:ation or any .9~tler form ,ofdisR~te~ . r.GsG!u:~o:', (h~m3fter collectively "Procee1iing") 'for a dispute,coi"ltrovers"y' or' -daiJti'''by -the'--. As,~,qci~tion against any ,contractor, subcontractor, architect" materialman" or" other pers'on or entity !nvolved in the planning, development or construction of the Project or any component -part 'thereof, including Declsirant, pertaining to the planning, development, construction or reconstruction of the Project or any component part thereof, the proceeds of the amount actually awarded, if any, as a result of such Proceeding must be utilized by the Association, solely and exclusively, for (a) the construction, reconstruction, repair or replacement of those improvements in the Project which were the subject of such Proceeding, provided, however, LAVERCIA Draft DECLARATION 82 CITY DRAFT DEC.DOC t' • such awarded proceeds may be used for alternative purposes 'upon the vote, or written assent of (i) seventy-five percent (75%) of the total voting power of the AssoCiation, other than the Declarant and (ii) seventy-five percent of the OWf:lers of those Condominiums,}if any,' the improvements of which require construction, reconstruction, re:pair or replacement pursuan.Uo the dispute, controversy or claim of the. Proceeding; and (b) such costs of colle¢tion ~nd/or attorneys' fees as are specified in the Davis-Stirling Common Interest Dev~lopmcint Act (Civil Code Sections 1350thrdugh 1373, -:ihclusive), as it existed on:.the date of recordati,ori of this Oeclaration.· . 22.. GENERAL PROVISION:S 22.1. SEVERABILITY. ,,', Should ahyprovision. in~ this Declaration be void or ·beCome . invalid or unenforceable in law or eq~ity by)udginerit of court order,the. r~mainil1g provisions 'hereof shall . be and remain in full foree and effect. . 22.2. EXTENSION.OFOI;CLARATION. Each ~nd all of these covenants, conditions and restrictions sh~1I terminate on December 31, 2055, after which date they shall automatically be extended for successive periods of ten (10) years, unless the Owners have execute(;r~nd recorded at any time within six . (6) months prior to December 31, 2055, or within six (6) months prior to the. end of ~ny 'such te'n '. (10) year period, in. the manner required for the conveyance of real property, ~. writing iIi which it is agreed that said restrictions shall terminate on Dec~mber 31,4055, or atthe erid of any such ten (10) year period. 22.3. ANNEXATION. Upon approval in writing of the Associatiqri, pursuant to sixty-s~ven percent (67%) majority of the voting power of its Members, excluding;the voting power of the Declarant, the Owner of any property who desires that it be added to the scheme of this Declaratiqn and be subjected to the jurisdiction of the Assodation, may file of -record a Declaratipn of Annexation, which shall extend the scheme of this Declaration to such property: After conversi~n of the . Class B membership in the Association to Class A membership, the acti.on. hereinrequirin9 membership approval shall. reql,lire·the vote or writt~n .consent of (a) sixty-seven. percent (67%) of the voting power of Members of the Association, and 0» 'Sixty-seven percent (67%) sr more of the voting power of Members of the A~$ociation other ·than Decl~rant. . 22.4. ~ ;:t~:;',:.~~:.-.'.:··f~;~~t:;;i··L ,:" • -1~ '. -.--."'-: '1' <>, So long as ;1":(';;,;' ~:~:"~'Class B membership, anq provided that the Project-has been 'approved by the ~:h;~'\ ),~l:~fdtOt:VAj the following shall require the prior approval of· FHA andlor VA: annexation of additional properties, pe-annexation, mergers and consolidations, any special assessments and·;any amendm.ent of this Declaration. A draft of any amendment to this Declaration should be· submitted to the VA for its approval prior to its approval 'by . the membership of the Association. 1,1 ... • •• ; • LAVERCIA Draft DECLARATION 83 ' CITY DRAFT .DEC.DOC j'.. • ~ '&I;" ''), 22.5. NOTICE. In each instance in which notice is to be given to the Owner of a Condominium, the same shall be in writing and may be delivered personally, in which case personal deliv~ry of such notice to one or two or more co-Owners of the Condominium, or to any general partner of a partnership owning such Condominium, shall be deemed delivered to all of the co-Owners or to the Partnership, as the case may be, and personal delivery of the notice to any officer or agent for the service of process of a corporation owning such Condominium shall be deemed delivered to the corporation, or such notice may be delivered by United Sates Mail certified, or registered, postage prepaid, return receipt requested, addressed to the Owner of such Condominium at the most recent address furnished by such Owner to the Secretary of the Board, or, if no such address shall have been furnished then to the street (or Post Office Box) address of such Condominium, and any notice so deposited in the mail within the County, shall be deemed delivered seventy-two (72) hours after such deposit. 22.6. REPORTS TO PROSPECTIVE PURCHASERS; ESTOPPEL CERTIFICATE. In accordance with California Civil Code Section 1368, or any successor statute or law, the Owner of a Condominium shall, as soon as practicable before transfer of title or execution of a real property sales contract therefor, as defined in California Civil Code Section 2985, provide the following disclosures to the prospective purchaser: (a) A copy of the Declaration, Bylaws, Articles, Association Rules, and Architectural Standards, if any; (b) A copy of the most recent financial reports as required by th~ Bylaws; (c) A certificate signed by an authorized representative of the Association as to the amount of any assessments levied upon the Owner's interest in his Condominium which are unpaid on the date of the Statement. The certificate shall also include information on late charges, interest and costs of collection which, as of the date of the certificate, are or may be made a lien upon the Owner's Condominium, pursuant to California Civil Code Section 1367, or any successor statute or law. A properly executed certificate of the Association as to the status of assessments on a Condominium is binding upon the Association as of the date of its issuance. (0) Any change in the Association's current Regular and Special Assessments and fees which have been approved by the Board, but have not become due and payable as of the date .these disclosures are provided. (e) Upon w;"iUen reCjuest, tf1E~ Association shall, within ten (10) days of the mailing or delivery of tl"l(!o request,: provide the Owner of a Condominium with a copy of the items specified hereinabove. The Association may charge"a fee for this service, as well as a fee or assessment to change its records in connection with the transfer of title to a Condominium. Any fees or assessments contained in this Section shall not exceed the reasonable costs to prepare ano reproduce the requested items or the Clctual costs to change records. LAVERCIA Draft DECLARATION 84 CITY DRAFT DEC.DOC • • 22.7. NOTIFICATION OF SALE OR CONVEYANCE. Concurrently with' the consummation 'of the '. sale· 'orotherconveyatlceof any Condominium where the transferee becomes an Owner of the Condominium, within :five (5) business days thereafter, the transferee shall notify the Association in writing of .suchsale or conveyance. Such notification shall set forth the n;:ame of the transferee and his Mortgagee and' transferor, the common address of the Condominium purchased by the transferee, the , transferee's and the Mortgagee's mailing address, and the date of sale or conveyanCe. Before the receipt of such notificatiOn, any.and all communications required or permitted to be given by the Association, the Board, the Board's delegated committee or the Association's manager shall be deemed to be duly made and given to the transferee if duly and timely made and given to the transferee's transferor. Mailing addresses maybe changed at any time upon written n(jtification to the Association. Notices shC!1I be deemed given and given in accordance with the prov.isiOns of the Section herein ~ntitled "Notice". '. 22~8. EASeMENTS RESERVED AND GRANTED. Any easements referred. to in thiS 'Declaration shall be ·qeemed reserved or granted, or both reserved and granted, by reference to this Declaratiqn in a deed to any Condominium. 22.9. GOVERNING DOCUMENTS. In the event of a conflict' between this, Declaration and any other Project Document, the' provisions of this Declaration shall control. 22.10. SINGULAR INCLUDES P,LURAL. Whenever the context of this Declaration requires same, the singular shall include the plural and the masculine shall include the feminine. 22.11. LIBERAL CONSTRUCTION. The provisions of this Declaration shall ,be liberally ,construed to effectuate its purpose of creating a uniform plan for the development of a residential community and for the maintenance of the Project. The titleS or headings of the Articles or Sectjehs of this De'claration have been inserted for cOnvenience only and shall not be considered or referred to 'in resolving questions or interpretation or construction. LAVERCIA 'Draft DECLARATION 85 . CITY DRAFT DEC.DOC • • IN WITNESS WHEREOF, the undersigned, being Declarant herein, has executed this instrument this day of , 19, ___ _ DECLARANT: BAKER & FARAJZADEH, a' General Partnership By: (Please Attach Proper Notary Certificate(s) of Acknowledgment) LAVERCIA Draft DECLARATION 86 CITY DRAFT DEC.DOC .} ,~ r • EXHIBIT II A" -LEGAL DESCRIPTION LOT 1 OF I IN· THE CITY OF CARLSBAD, StATE OF CALIFORNIA, ACCORDING TO MAp THEREOF NO. . , ,FILED-IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. COUNTY ON LAVERCIA Draft DECLARATION 1 CITY DRAFT DEC.DOC BRIAN SMITH ENGiNEE'A INC. 2656 STATE STRE~ CARLSBAD, CALIFORNIA 92008 Phone (619) 729-8981 Fax (619) 729-0650 TO City of Carlsbad Eng./Planning Dept. GENTLEMtN: DATE 4-19-91 IJOBb~76 ATTENTION RE La Vercia Condominiums ARC Group WE ARE SENDING YOU [j{Attached 0 Under separate cover via _________ the following items: o Shop drawings [J Prints o Plans o Samples o Specifications o Copy of letter o Change order 0 ________________________ __ , ~H c,t'L..e:' 1L-J""MA~.J~L~ ~""""\?.'C COPIES DATE NO. DESCRIPTION [0* each Tentative Map, Landscape, building, elevation plans 1 each 8k xl1 TM elevation. floor nlans. location map : 1 each EIA. Disclosure statement. statement of Aareement 1 I each Letter of nermission to grag.e. school letter 1 each citv annlication form. fiOO 1 radius maD. ownership list ( I I 2 sets Mailing labels, Statement. of PartnArshin. PFF aareemqnt 1 set 1""::1,...h ("'olorprl n;f"'t-l1"'''''~ P""i-::I;ninrr t.7::111 1 ""i-i-"",.. 3 Preliminary Title Report . ) E,\?/-t AG:.?OV~·nc.. ~ ,\t...>"t>t{ THESE ARE TRANSMITTED as checked below: o For approval o Approved as submitted o Resu.b!]Jit __ copies for approval o For your use o Approved as noted o Submit __ copies for distribution o As requested o Returned for corrections o Return __ corrected prints o For review and comment u ____________________________ _ o FOR BIDS DUE __________ 19 ___ 0 PRINTS RETURNED AFTER LOAN TO US REMARKS ____________________________________________ ~ _____ ~ 2 letters from City to Michael Dooley, Modified .Section for Garfield Ave • ... v ~~ ~Pi SIGNED: ___ ---,."/,;;.~'-------__ ~ ___ _ COpy TO ___ ~A=R~C~. ~G~r~o~u~p~ ____________ ___ It enclosures are not a:, noted kindly notf1y us at once for Jack Nikkinen . "1'1M3OfS 3NV1 ~"'9 3NV1 DNf)U:f'lcf 3NV1 13/\ V~! 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I Itlr R/W 8' ",'1 r-TENTATIVE MAP & SITE DEVELOPMHN'llJT PLAN ,0--10 :Zb ./7) 30 MAJOR SUBDIVISION & CONDOMINIUM CT 91-/ PUD 91-; "'J O.5~ 1- ~ REMOVE EX. SLAB ~I Lp.f-» ,',,, .,11 o:~% 1 b ..n,l' . t"" fr<8-· . ~ ~~~":I~EX AC.DR/VEWAr-----., .r:*P\$I' . ;:>. \!: ---.--'--" 50' o..5J:,.~ .. --r;;;;:r;:;:-~ .:::::::::;:: .. , ..... ~ .. ~ /./ ~ i.-f§J cl ,oj' '-, ~I , d '"-~ l (' i ;r ~~. . /~ ) ~~. I,> or" ,); .{ . Yo ~ (~.(.5 ~ 1 I I ,I ,"" I fl'" ('..... ~t4'? UNIT 1 UNIT.2 55.5 f.r. 55.5 F.r. 6-P.V.C. SO <'t1. , (.s,~i"'· 5' SECTION A-A NOT TO SCAl£ SECTION 8-8 NOT TO SCAlE ~ 60' S"lY R/W 40' 40' EltR/W 32' .') ,~----. UNIT 3 (55.,11 55.5 F.r. r -.~"---\_.r'- 1 EX. BUILDING Jed, LEGAL DESCRIPTION ...... 1 0 .... 1:II..uuo; ;:0 Of fAlJSAOES NO. 2. IN THE arr Of' CAAlSSAD. COlINlY Of' SAN OIECO, STAlE Of CAI..IfORtIA, ACCCIftOIHO to MAP tHEREOf NO. leo:s. f11£O IN THE OFllCE OF THE COUNTY RECORDER' OF SAN DIEGO COUNTY AUClIST ~, 1;2<4. EXCEPTING 1HEREfROIoI THE SOUlH'ICtERlY 1S FttT tH£R£Of ANO lH£ HtmlitASltRLY 80 FEET THEREOf. OWNER I APPLICANT TAMARACK PARlNERS c/o ARC GROUP ~1 PAUlER WAY, SUITE "H" CARLS8AD, CA 12008 (61i) 431-6568 GENERAL NOTES TOTAl Aa!U.ct: / SauARt fOOTAGE: 0" A.C. / 17.IS7S SO. FT. EXlsnNG 2OHING: RO-M (ftESIODmAl OEHSITY -M~UM): DENSITY: 12.1 O.U./ACo PROPOSED ZOtING. NO OWICE GENERAl PLNI : RH ffUW8£R Of' LOTS' OHE NtJI.I8£R Of DWEl..UNG UHITS: AVE 8Ul.OINQ: CO"'tRACE: J)'; CE NET Nt£A. PfRCOfT t.ANDSCAPtHC:; 2U OF HEr AR£A i " r .1 I :. I : ; !i_·L fIit;~ < ,r..c_ ~..r.~ LEGEND ~ DESCRIPnON -( .. )-EXIST. COOTtlUR ¢$'#- 1'<:'.'1 OlST. SPOT DLVATIOH/ ~P'ltJ5LD ~1~~HfTN1J1 PCoCo COHCft£TE --__ -_ PROP£RTY WI£ -I~S--[lOST. SEYO MAIN --w--ElOST. WATER WAIN FI. FlHISH fL.I)()ft L--I 'UIlOII<G tl()Q EXIST. FtR£ trrtlIWIT DIRECTION Of' DRAlNAC£ CURB. CUTTtIt • OlST. WATER VAlW: P ..... POlE TAIoIARACK Io.Y£. El.£VATIONS -PROPOSED TENTATIVE MAP FOft ARC GROUP .... \ ~=-~ ==::%' - SEWER DISTRICT: CITY Of CARlSBAD SEYlER OISTRICT WATER DISTRICT: CARt.S8AD MUHlCl'Al WAlEft DIstRICT NlIt.i8ER Of PARIONQ: SPACES: PDt COO( ASSESSOR'S PARco. NUIoI9ER: 2Oe-02o-Q!i EXCAVA'OOtf: an 26"d ro. YO's S7S1 PAUtER WAY. S\llTE "'H" CARLSaAD. CA tlOOlS (lSli) 431-f1&e1S ,,,1[: 3/12/81 INClNUM. INC. [E' ~~~1·-'0' flU. Z-sd OJ. 'I'D'S N9T TO sCAU: A"'tRACE DAILY lRAFFlC: 4<J c.w....,; c.. I200t SH£[T: SOfOOt. DlSlRICT: CAALS8AtI UHIF1ED satoot. DISTRICT 'of' -r14/q, " I \ \ I . '1 V;) OV8S1ClV;) 3nN3AV)j;)\fIJ\ffWl SWnJNIWOONO:J ttl:JlJ3A tt1 ~: I :\" \ (-0' .-1\ 0 \\ . i ~: .... ,; ~ ~ i I , Il-d.-.-:. ji Ii 1,--0 .p-----;r'=-~=I I + i T l~~' T I ! r v:) OVflSl~V:) 3nN3I1V>J:)VIWVWl SWnJNIWOGNO:J VI:JH3A V1 --J / r--I f---I' I r== ;=== I: I .l!§ I ,. ( B ! [8 I I ; i I U . , IqHP .! I: .. --i !~~ tr;;;:===cr-il ~I :: ! Uii l ., .,;) 1 8~ i j ~ I I I I ! ! . (~~ ~ I ~ I~. I· I I· I =====i .. I . . ~-- • • o;;;~ swnINIWOONO:J 1I1:J~3/\ 111 (! jf IL • ri. . ~ a . 2 Ci~ ~2 i\;t SWnlNIWOONOJ ttlJI:J3A I ~====;,===='1===~=====;j-------- r'" ! : I 'i--I~ .. I i~~i ~l~: !~) . ! , . , . ; I· I' I! i i ! - i: ....... ----~=ll-·· ;.. i. ... ~. l~ I: I: , : .. . . ... ~ LOCATION MAP VlLLAGE DR. . \~ CARLSBAD I \ \ II It) LIJ t-. ~ 0 tr: ~ C/) ,~ cr: Q: 'co LIJ (J) u; I-en 2: -0 0 <t ...J <D al W Z (J) Li: ..-: <:( ...J 0:: <i. 0:: W <t c:t U '-' C!> 0 TAMARACK AVE. C) PROJECT' -IJ.. u SITE <:( Q.. PROJECT NAME: PROJECT EXHIBIT' TA,MARACK CONDOMINIUMS NO .. ~ .. -" ~ ---~... . -." -, ~ . , ~ ..