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HomeMy WebLinkAboutCT 97-19; Poinsettia Shores Area D; Tentative Map (CT) (7)TO: City of Carlsbad 2075 Las Palmas Carlsbad, CA 92009 ATTN: Elaine Blackburn CONSULT A^NTS TRANSMITTAL LETTER DATE: 02/22/99 PROJECT:Area "D" RE: CC&R's TM: DWG: FEE 23 • * *i\.a K •«,^-•^<^,~3^-J[J ^^ JOB NO.:98-0090 TRANSMITTED VIA: HAND PHONE NO.: 760-438-1161 FAX NO.: 760-438-0894 ENCLOSED, please find the following: 1 copy revised CC&R's REMARKS: Please call if you should have any questions or need any additional information. Thank you. cc: Steve Moffatt, Laing Homes By: Tim Carroll Project Manager 5900 Pasteur Court Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying E-mail:odayconsul@aol. com LANCE A, ADAIR MARC D. ALEXANDER DIANE P. CAREY JOHN C. CONDAS JAMES R. DEMARCO STEVEN J. DZIDA ROGER M. FRANKS HELENE Z. FRANSZ RUTH R. MIJUSKOVIC DAVID A OSSENTJUK THOMAS D. PECKENPA JOHN PETRASICH GREGORY P. REGIER IAN N ROSE CARLA K. RYHAL ANDREW C. SCHUTZ DAVID C. SMITH JACKSON, DEIMARCO & PECKENPAUGH A LAW CORPORATION ON 4 PARK PLAZA - 16™ FLOOR POST OFFICE BOX 197O4 IRVINE, CALIFORNIA 92623-97O4 (949) 752-8585 FAX: (949) 753-O597 F. SCOTT JACKSON JOHN M. LEVERETT M. ALIM MALIK SHERI L. MARVIN KRISTEN L. \ MICHAEL P. VENTURA COUNTY OFFICE 2SO N. WESTLAKE BLVD. SUITE 200 WESTLAKE VILLAGE, CALIFORNIA 9I3©2 (80S) 23O-OO23 FAX: (805) 230-0087 February 17, 1999 WRITER'S DIRECT DIAL NUMBER: (714)851-7482 INTERNET: bwc257@jdplaw.com OUR FILE NUMBER: 26165 Ms. Elaine Blackburn Community Development 2075 Las Palmas Carlsbad, CA 92009 Re: CT 97-19/PC Resolutions 4304. 4305. 4306 (the "Tentative Map Resolutions") Dear Ms. Blackburn: As you requested, this letter is to provide you with documentary evidence of the manner in which our client, WL Homes, LLC, a Delaware limited liability company, d.b.a. John Laing Homes ("Laing") will satisfy the CC&Rs related conditions of approval in the Tentative Map Resolutions. Background Kaiza Poinsettia Corporation (the "Master Developer") is the developer of the master planned community known as "San Pacifico" (a.k.a. Poinsettia Shores) in Carlsbad (the "Master Community"). The developed portions of the Master Community are subject to the Master Declaration of Covenants, Conditions and Reservation of Easements for San Pacifico (the "Master Declaration") recorded on November 7, 1997, as Instrument No. 1997-0963586 in the Official Records of San Diego County, California (the "Official Records"). Laing (as successor in interest to Watt Residential Partners) is one of several "Merchant Builders" (as defined in the Master Declaration) in the Master Community, and is developing a condominium project therein known as "Vistamar at San Pacifico" ("Vistamar"). Several phases of Vistamar have been developed and annexed into the Master Community. Each such phase has also been made subject to the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Vistamar at San Pacifico (the "Vistamar CC&Rs") recorded on JACKSON, DEMARCO & PECKENPAUGH Ms. Elaine Blackburn February 17, 1999 Page 2 November 7,1997 as Instrument No. 1997-0963588 in the Official Records, and the Supplemental Declaration of Covenants, Conditions and Restrictions for Vistamar at San Pacifico (the "Supplemental CC&Rs") recorded on October 23, 1998 as Instrument No. 1998-0688027 in the Official Records. The document used to add a phase to the Vistamar CC&Rs is a Notice of Addition of Territory and Supplemental Declaration (a "Notice of Addition"). Each Notice of Addition contains the same provisions (only the legal description and Exhibits A and B are customized for each phase). An example of the Notice of Addition form (for Phase 3) is enclosed. Phase 1 of Vistamar contains 16 units. Each Phase 1 unit includes a landscaped front yard which is currently owned and maintained by the unit owner. At the City's request, Laing is currently negotiating with each Phase 1 unit owner to obtain an easement in favor of the Vistamar at San Pacifico Association (the "Vistamar Association") for maintenance of that owner's front yard as a part of the "Association Property" (as defined in the Vistamar CC&Rs) in Vistamar. To comply to the extent possible with the City's front yard maintenance requirements, Laing has changed the development plan for the second and all other subsequent phases of development in Vistamar (the "Subsequent Phases") to include the front yard areas in such phases in the Association Property to be owned and maintained by the Association. Please refer to the provisions of the enclosed Phase 3 Notice of Addition applicable to the "Added Territory Front Yards." Satisfaction of Conditions of Approval The following chart identifies each CC&Rs related condition of approval in PC Resolution 4304 (there are no applicable conditions in PC Resolutions 4305 and 4306) and the provisions of the Vistamar CC&Rs or the Notice of Addition for each Subsequent Phase, as applicable, where each of these conditions of approval is satisfied. Enclosed with this letter are copies of the pages of the Vistamar documents where the text of these provisions is set forth. Condition of Approval Vistamar Document Reference 11 (a) § 18.3 of CC&Rs ^ ll(b) §18.13 of CC&Rs ll(c) §18.14 of CC&Rs S ll(d) § 1 of Supplemental CC&Rs \S 19 §18.5 of CC&Rs JACKSON, DEMARCO & PECKENPAUGH Ms. Elaine Blackburn February 17, 1999 Page 3 22 § 2 of Supplemental CC&Rs, § 6 (a) of each Subsequent Phase Notice of Addition and each Subsequent Phase Condominium Plan 25 No CC&R provision. Disclosure of School District CFD made in recorded Amendment to Notice of Special Tax Lien, "Assessments" section of DRE public reports for each Phase and Notice of Special Tax given to each purchaser. 28 §§ 2.7 (a) - (c), 2.9 and 5.5 of the CC&R's (see also, the definitions in §§ 1.4, 1.10, 1.18 and 1.19 of the CC&Rs) and § 5 of each Subsequent Phase Notice of Addition 32 §18.9 of CC&Rs 45 § 18.15 and Exhibit E of CC&Rs Please let me know as soon as possible if the foregoing is sufficient or if you require additional information. Very truly yours, Brian Casserly BWClsk cc: Tim Carroll (w/ encl.) 0311410.01 RECORDING REQUESTED BY: CHICAGO TITLE COMPANY 880 DOC ft 1997-0563588 NOU 07» 1997 12 = 01 PJ1 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 375.00 yAY: 2 WHEN RECORDED, MAIL TO: JACKSON, DeMARCO & PECKENPAUGH (FSJ) 4 Park Plaza, 16th Floor Post Office Box 19704 Irvine, CA 92623-9704 (Space Above for Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR VISTAMAR AT SAN PACIFICO l:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 mp.c.96 888 D. Declarant, its successors, assigns and grantees, covenant that each undivided interest in the Common Area, the appurtenant membership in the Association, all easements conveyed therewith and fee title to the respective Unit conveyed therewith shall not be separated or separately conveyed, and each such undivided interest, membership and easement shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit; provided, however, that this restriction upon the severability of the component interests of the Condominiums shall not extend beyond the period for which the right to partition the Property is suspended in accordance with Section 1359 of the California Civil Code and the provisions of Article X hereof. Any conveyance by an Owner of a Condominium, or any portion thereof, shall be presumed to convey the entire Condominium, together with a membership in the Association. ARTICLE I 1. Definitions. Unless otherwise expressly provided, the following words and phrases when used herein have the following specified meanings. 1.1. Annexable Territory. Annexable Territory means the real property described in Exhibit "C" attached hereto and incorporated herein by this reference, all or any portion of which may be made subject to this Declaration pursuant to Article XVI hereof. The maximum number of Units that may be added to the Project pursuant to Section 16.1 of Article XVI is two hundred two (202). 1.2. Architectural Committee or Committee. Architectural Committee or Committee means the Architectural Review Committee created pursuant to Article IV hereof. 1.3. Articles. Articles means the Articles of Incorporation of the Association as amended. A copy of the Articles is attached hereto as Exhibit "A" and incorporated herein by this reference. 1.4. Assessment. Annual. Annual Assessment means a charge against the Owners and their Condominiums, representing a portion of the Common Expenses, which are to be levied as provided herein. 1.5. Assessment. Capital Improvement. Capital Improvement Assessment means a charge which the Board may levy against the Owners and their Condominiums, representing a portion of the cost to the Association for installation or construction of any capital Improvements on any of the Common Property. Such charge shall be levied in the same proportions as Annual Assessments. -2- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 889 1.6. Assessment. Reconstruction. Reconstruction Assessment means a charge which the Board may levy against the Owners and their Condominiums, representing a portion of the Association's cost to reconstruct any Improvements on the Common Property. Such charge shall be levied among all of the Owners and their Condominiums in the same proportions as are Annual Assessments. 1.7. Assessment. Special. Special Assessment means either (a) a charge against a particular Owner directly attributable to, or reimbursable by, that Owner, equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or (b) a reasonable fine or penalty assessed by the Board, plus interest and other charges on such Special Assessments as provided for herein. Special Assessments shall not include any late payment penalties, interest charges or costs (including attorneys' fees) incurred by the Association in the collection of Annual, Capital Improvement or Reconstruction Assessments. 1.8. Association. Association means VISTAMAR AT SAN PACIFICO ASSOCIATION, a California nonprofit corporation (formed pursuant to the California Nonprofit Mutual Benefit Corporation Law), its successors and assigns. The Association is an "association" as defined in Section 135 l(a) of the California Civil Code, and the Association is a "Project Association" as defined in the Master Declaration. 1.9. Association Maintenance Funds. Association Maintenance Funds means the accounts created for Association receipts and disbursements pursuant to Article V hereof. 1.10. Association Property. Association Property means all the real and personal property and Improvements to which the Association holds fee title or over which the Association holds an easement for the common use and enjoyment of the Members including streets, driveways, landscaping, clustered mailboxes, sidewalks, curbs, street lights, street signs, certain fences and walls, an entry gate and monumentation. The boundaries of the Association Property in Phase 1 are depicted on the Phase 1 Condominium Plan. The location of retaining walls and fences on the Association Property in Phase 1 are shown on Exhibit "D" attached hereto. Additional Association Property may be annexed to the Property pursuant to Article XVI hereof. 1.11. Beneficiary. Beneficiary means a Mortgagee under a Mortgage or a Beneficiary under a Deed of Trust and the assignees of such Mortgagee or Beneficiary. 1.12. Board or Board of Directors. Board or Board of Directors means the Association's Board of Directors. -3- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 890 1.13. Budget. Budget means a written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws. 1.14. Bylaws. Bylaws means the Bylaws of the Association as adopted by the Board initially in the form of Exhibit "B" attached hereto and incorporated herein by this reference, as amended. 1.15. City. City means the City of Carlsbad, in the County of San Diego, State of California, and its various departments, divisions, employees and representatives. 1.16. Close of Escrow. Close of Escrow means the date on which a deed is Recorded conveying a Condominium pursuant to a transaction requiring the issuance of a Final Subdivision Public Report by the DRE. 1.17. Common Area. Common Area means those certain volumes (modules) of airspace described in the Condominium Plans, which shall be owned by groups of Owners in each Phase as tenants in common. The Common Area in Phase 1 is shown on the Phase 1 Condominium Plan. Each Owner of a Condominium in Phase 1 shall own an undivided one-sixteenth (1/16) fee simple interest of the Common Area as a tenant in common with the other Owners of Condominiums in Phase 1. 1.18. Common Expenses. Common Expenses means those expenses for which the Association is responsible under this Declaration, including the actual and estimated costs of: maintaining, managing, operating, repairing and replacing the Common Property; unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments; maintaining the recreational facilities on the Common Property; all utilities metered to more than one Unit and other commonly metered charges for the Property; trash collection and removal (as applicable); maintaining clustered mailboxes and address identification signs; managing and administering the Association including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and other employees; gardening, security and other services benefiting the Common Property; fire, casualty, liability, workers' compensation, errors and omissions and director, officer and agent liability insurance, and other insurance covering the Property and the Directors, officers and agents of the Association; bonding the members of the Board; taxes paid by the Association, including any blanket tax assessed against the Property; amounts paid by the Association for discharge of any lien or encumbrance levied against the Property, or portions thereof; and all other items incurred by the Association, for any reason whatsoever in connection with the Property, for the common benefit of the Owners. 1.19. Common Property. Common Property means the Common Area and the Association Property. -4- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 898 accordance with the voting percentages established in the Restrictions are binding on all Owners and their successors in interest. 2.7. fRepaif arid Maintenance by the Association. (a) I Maintenance Standards. Subject to Articles X and XI, the Association shall paint, maintain, repair and replace the Common Property and Improvements thereon or shall contract for such maintenance, repair and replacement to assure the Common Property and Improvements thereon are maintained in a clean, sanitary and attractive condition reasonably consistent with the level of maintenance reflected in the most current Budget on file with and approved by DRE. However, the Association is not responsible for performing those items of maintenance, repair or Improvement of the Units, the maintenance of which is the responsibility of the Owners pursuant to Section 2.9. The Board shall determine, in its sole discretion, the level and frequency of maintenance of the Common Property. (b) Maintenance Items. The Association shall repair and pay for all centrally metered utilities, water charges, and mechanical and electrical equipment serving the Common Property and repair and maintain all Common Property. The Association shall repair, maintain and replace any fence or wall separating a Unit from Association Property, including the structure, cap and exterior surface facing Association Property, but excluding the interior surface of a fence or wall facing a Unit. (c) Charges to Owners. All costs of maintenance, repairs and replacements for the Property shall be paid for as Common Expenses out of the Association Maintenance Funds as provided herein. The Board shall require strict compliance with all provisions of this Declaration and cause the Property to be inspected by the Architectural Committee for any violation thereof. The Board, after Notice and Hearing, shall levy the cost of any maintenance, repairs or replacement performed by the Association which is not the responsibility of the Association or which arises out of, or is caused by, the act of an Owner or such Owner's Family, tenants, guests, invitees, or agents as a Special Assessment against such Owner. (d) Inspection. The Board shall have the Common Property and all Improvements thereon inspected at least once every three (3) years in order to (i) determine whether the Common Property is being maintained adequately in accordance with the standards of maintenance established in this Section 2.7, (ii) identify the condition of the Common Property and any Improvements thereon, including the existence of any hazards or defects, and the need for performing additional maintenance, refurbishment, replacement, or repair, and (iii) recommend preventive actions which may be taken to reduce potential maintenance costs to be incurred in the future. The Board may employ such -12- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 910 foreseen by the Board when preparing the Budget. Prior to the imposition or collection of an assessment pursuant to this Subparagraph (iii), the Board shall adopt 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 hi the budgeting process. The resolution shall be distributed to the Members with the Notice of Assessment. 5.5. Annual Assessments/Commencement-Collection. Annual Assessments shall commence on all Condominiums in a Phase on the first day of the first calendar month following the first Close of Escrow in such Phase. All Annual Assessments shall be assessed uniformly and equally against the Owners and their Condominiums based upon the number of Condominiums owned by each Owner, except as may be otherwise provided in a Notice of Addition, and except for that portion of the Budget which constitutes a Cost Center which shall be apportioned as provided in Section 1.22 of this Declaration. Annual Assessments for fractions of any month involved shall be prorated. Declarant shall pay its full pro rata share of the Annual Assessments on all unsold Condominiums for which Annual Assessments have commenced. The Board shall fix the amount of the Annual Assessment against each Condominium at least thirty (30) days in advance of each Annual Assessment period. However, unless otherwise established by the Board, the initial Annual Assessments shall be assessed in accordance with the most recent Budget on file with and approved by DRE. Written notice of any change in the amount of any Annual Assessment, Capital Improvement Assessment or Reconstruction Assessment shall be sent via first-class mail to every Owner subject thereto not less than thirty (30) nor more than sixty (60) days prior to the increased assessment becoming due. The Board may determine that funds in the Operating Fund at the end of the Fiscal Year be retained and used to reduce the following Fiscal Year's Annual Assessments. Upon dissolution of the Association incident to the abandonment or termination of the Property as a Condominium project, any amounts remaining in any of the Maintenance Funds shall be distributed to or for the benefit of the Members in the same proportions as such monies were collected from the Members. Notwithstanding any other provisions of this Declaration, until the earlier to occur of (a) the Recordation of a notice of completion of an Improvement on the Association Property, or (b) the placement of such Improvement into use, each Owner (including Declarant) shall be exempt from paying that portion of any Annual Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of such Improvement. Each Member shall pay to the Association his Annual Assessment in installments at such frequency and in such amounts as established by the Board. Each installment of Annual Assessments may be paid by the Member to the Association in one check or in separate checks as payments attributable to specified Association Maintenance Funds. If any payment of an Annual Assessment installment (a) is less than the amount assessed and (b) does not specify the -24- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 950 17.2. Sharing of Repair and Maintenance. Unless otherwise provided in this Declaration, the cost of reasonable repair and maintenance of a common fence shall be shared equally by the Owners of the Units connected by such party fence. However, each Owner shall be solely responsible for repainting the side of any fence facing his Unit. 17.3. Destruction by Fire or Other Casualty. Unless otherwise provided in this Declaration, if a party fence is destroyed or damaged by fire or other casualty, any Owner whose Unit is affected thereby may restore it, and the Owner of the other Unit which is affected thereby shall contribute equally to the cost of restoration thereof without prejudice, however, to the right of any such Owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. 17.4. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. ARTICLE XVIII 18. City Required Provisions. The following City required provisions shall supersede any other provisions in this Declaration to the extent that they conflict. 18.1. Private Development. No private development shall be permitted within open space areas, easement areas or any recreation areas. 18.2. Landscaping. All open space and landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. 18.3. City's Right to Enforce. The City has the right, but not the obligation, to enforce any provisions of this Declaration in favor of the City or in which the City has an interest. 18.4. Amendments. Any amendment to this Declaration which affects a provision in favor of the City or in which the City has an interest which shall be subject to the review and approval of the City Planning Director and the City Attorney. If the City has not disapproved any proposed amendment by written notice to the Association given no later than thirty (30) days after receipt of a copy of the proposed amendment by the City Planning Director, such amendment shall be deemed approved by the City and a certification by an authorized officer of the Association as to such fact shall be conclusive evidence of such deemed approval. -64- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 951 18.5. Rental of Condominiums. Owners may not rent or lease their Condominiums for a time period of less than twenty-six (26) days. 18.6. Private Driveways. All private driveways on the Association Property shall be kept clear of parked vehicles at all times and shall have posted "No Parking/Fire Lane" pursuant to Section 17.04.020 of the Carlsbad Municipal Code. 18.7. Concrete Terrace Drains. All concrete terrace drains shall be maintained by (a) the Association if the drain is located on Association Property, or (b) an Owner if the drain is located in a Unit. 18.8. Patio Covers and Decks. All patio covers and decks that require a building permit shall confirm to the set back and coverage requirements of the underlying zone (RDM) and the accessory structure standards of Title 21 of the Carlsbad Municipal Code. 18.9. Sight Distance Corridor. No structure, fence, wall, tree, shrub, sign, or other object over thirty (30) inches above the street level may be placed or permitted to encroach within the area identified as a "Sight Distance Corridor" in accordance with City Standard Public Street-Design Criteria, Section 8.B.3. The underlying property owner shall maintain this condition. 18.10. Exterior Colors. All structures and roofs within the Project shall be earth tone in color to reduce visual impacts, according to the color boards approved by the City and enforced by the Architectural Committee. 18.11. Garages. Any and all Dwelling Units with a five (5) foot setback from the private street shall have garages installed with an automatic garage door opener and parking is prohibited on the driveway leading to the garage. 18.12. Public Transportation. The Association shall obtain and distribute to Owners annual information from Caltrans and North County Transit regarding the availability of public transportation, ride-sharing and transportation pooling services in the area. 18.13. Failure of Association to Maintain. If the Association fails to maintain the Association Property as provided in Section 2.7 of this Declaration, the City shall be entitled to give written notice to the Association, setting forth with particularity the work of maintenance or repair which the City finds to be required and requesting the same be carried out by the Association within a period of thirty (30) days from the giving of such notice. If the Association fails to carry out such maintenance or repair within the period specified by the City's notice, the City shall be entitled to cause such work to be completed and -65- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 952 shall be entitled to reimbursement from the Owners, as provided in Section 8.14 of this Declaration. 18.14. Assessments Levied by City. In the event the City has performed the necessary maintenance to the Association Property as provided in Section 8.13, the City shall submit a written invoice to the Association for all costs incurred by the City to perform such maintenance of the Association Property. The City shall provide a copy of such invoice to each Owner in the Project, together with a statement that if the Association fails to pay such invoice in full within the time specified, the City will pursue collection against the Owners in the Project pursuant to the provisions of this Section. Said invoice shall be due and payable by the Association within twenty (20) days of receipt by the Association. If the Association shall fail to pay such invoice in full within the period specified, payment shall be deemed delinquent and shall be subject to a late charge in an amount equal to six percent (6%) of the amount of the invoice. Thereafter the City may pursue collection from the Association by means of any remedies available at law or in equity. Without limiting the generality of the foregoing, in addition to all other rights and remedies available to the City, the City may levy a special assessment against the Owners of each Lot in the Project for an equal prorata share of the invoice, plus the late charge. Such special assessment shall constitute a charge and shall be a continuing lien upon each Lot against which the special assessment is levied. Each Owner in the Project hereby vests the City with the right and power to levy such special assessment, to impose a lien upon their respective Lot and to bring all legal actions and/or to pursue lien foreclosure procedures against any Owner and his/her respective lot for purposes of collecting such special assessment in accordance with the procedures set forth in Article V of this Declaration. 18.15. Pollutant Runoff. The Association and the Owners shall comply with plans for the regulation and control of pollutant run-off by using "Best Management Practices" as specified on Exhibit "E" attached hereto. 18.16. Fire Lanes. No vehicles may be parked in the "Fire lanes" within the Project, as shown on Exhibit "F" attached hereto. -66- C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 998 IBEST MANAGEMENT PRACTICES FPRJGONTROL~ POLLUTANT RUN-OFF The following guidelines have been prepared in accordance with the residential provisions of the Best Management Practices Appendix to the Orange County NPDES Storm Water Program - Drainage Area Management Plan, dated April 1993: 1 . The Association shall periodically provide to its members environmental awareness education materials made available by the local municipalities. These materials will describe the use of chemicals (including household types) that should be limited to the Properties with no discharge of specified wastes via hosing or other direct discharge to gutters, catch basins, settling basins and storm drains. 2. The Association shall maintain Association Property landscaping in a manner consistent with the County Water Conservation Resolution, or the City equivalent, plus fertilizer and pesticide usage consistent with the County Management Guidelines for Use of Fertilizers and Pesticides, or the City equivalent. 3. In conjunction with its regularly scheduled maintenance obligations, the Association shall (i) remove any litter or trash from the Association Property; ensure the periodic emptying of trash receptacles in the Association Property, if any; and (iii) enforcing the restrictions in Section 8.9 of the Declaration concerning the proper storage and disposal of trash by Owners. 4. The Association shall have privately maintained drainage systems and privately owned catch basins inspected and cleaned, and privately owned streets and parking areas swept prior to the storm season (no later than October 1 5th each year). Storm Drain Facilities shall be inspected regularly as follows: (a) Open channels and catch basins inspected annually before storm season and removal of debris as necessary. (b) Underground drainage facilities thirty-nine inches (39") and larger in diameter shall be inspected every two years. (c) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing shall be used in emergency situations only. 5. The Association and its Members shall ensure that surface run-off in the Property be directed to landscaped areas wherever practicable, and shall not alter existing drainage improvements or patterns as originally installed by Declarant. 6. The Association shall implement irrigation and landscaping practices consistent with the County Water Conservation Resolution, or the City equivalent, which may include provision of water sensors, programmable irrigation times, grouping of plants with similar water requirements in order to reduce excess irrigation runoff and to promote surface filtration. C:\DOCS\FSJ037\25973\000\CCRS\0242557.05 9/22/97 RECORDED AT THE REQUBJ CHICAGO TITLE CO. RECORDING REQUESTED BY: CHICAGO TITLE COMPANY DOC ft 1998-0688027 1176 OCT 2:11 OFFICIAL REC SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SKITH, COUNTY RECORDER FEES: 47.00 Pri WHEN RECORDED, MAIL TO: JACKSON, DEMARCO & PECKENPAUGH (BC) P.O. BOX 19704 IRVINE, CA 92623-9704 1998-0688027 (Space Above for Recorder's Use) SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAMAR AT SAN PACIFICO C:\MY DOCUMENTSWORD DOCUMENTS\V1STAMAR\TRELL1SPAT1O.DOC 7/13/98 1177 SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ' VISTAMAR AT SAN PACIFICO THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAMAR AT SAN PACIFICO (the "Supplemental Declaration") is made by WL HOMES LLC, a Delaware limited liability company, dba Watt Homes ("Declarant") and K. Hovnanian at Ocean Walk, Inc., a California corporation ("Hovnanian"). PREAMBLE: A. On September 25, 1997, Declarant executed a Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Vistamar at San Pacifico. The Declaration was Recorded on November 7, 1997, as Instrument No. 1997-0563588, in the Official Records of San Diego County, California ("Official Records"). The Declaration is binding upon all Owners of Condominiums in the condominium project known as Vistamar at San Pacifico (the "Property"). B. Declarant and Hovnanian are the owners of certain real property (the "Development") in the County of San Diego, California, described as follows: Lot 1 of Carlsbad Tract No. 94-08 as shown on Map No. 13616 filed on August 12 199 j^, in the Office of the San Diego County Recorder, California. C. The Development is part of the Annexable Territory as defined in the Declaration. D. In connection with the approval of the Map for Tract No. 94-08. the City has required that Declarant and Hovnanian specify certain approval requirements, design guidelines and development standards applicable for potential trellis/patio cover or balcony/deck Improvements in the Development. E. Pursuant to Section 16.1 of the Declaration, Declarant has the right to Record a supplemental declaration which may supplement the Declaration with such additional covenants, conditions, restrictions, reservations and easements as Declarant may deem appropriate. F. In accordance with the power granted to Declarant in the Declaration, Declarant and Hovnanian now wish to Record this Supplemental Declaration against the Development. -i- C:\MY DOCUMENTOWORD DOCUMENTS\V7STAMAR\TRELLISPATIO.DOC 7/13/98 1178 THEREFORE, DECLARANT AND HOVNANIAN HEREBY DECLARE AS FOLLOWS: 1. Trellis/Patio Cover and Balcony/Deck Restrictions. Only those Condominiums designated as potentially having a trellis/patio cover or a balcony/deck on Exhibit "A" attached hereto may apply for one, subject to the approval procedure and additional limitations established in Exhibit "A" attached hereto and incorporated herein by this reference. No enclosed or unenclosed additions in the yard areas of the Condominiums may be installed or maintained at any time by Owners or occupants of Condominiums except as authorized hi Exhibit "A" attached hereto. 2. Association Property Maintenance. Association Property in the Development including streets, sidewalks, street lights, storm dram facilities, sewer facilities and front yards located therein shall be maintained by the Association in accordance with the Declaration. The costs of such maintenance shall be allocated among the Owners in the Property as a portion of assessments imposed pursuant to the Declaration. An illustration of the areas in the Property to be typically maintained by the Owners and the Association, respectively, is attached hereto as Exhibit "B" (Maintenance Responsibility Detail) and is incorporated herein by this reference. 3. Miscellaneous. The provisions of this Supplemental Declaration shall run with all of the Development and the Property, shall be binding upon all persons having or acquiring any interest in the Development, or any part thereof, shall inure to the benefit of and burden every portion of the Development and the Property, and any interest therein, and shall inure to the benefit of, be binding upon, and may be enforced by any Owner, Declarant, each successor in interest of Declarant the Association, and their successive owners and assigns. Except as otherwise provided herein, the terms in this Supplemental Declaration shall have the same meanings as are given such terms by the Declaration. Except as otherwise expressly provided herein, all of the provisions of the Declaration are hereby incorporated by reference as if fully set forth herein. /Signatures and Notarial Acknowledgments on Following Pages/ •2- C: MY DOCUMENTS\WORD DOCUMENTS\VISTAMAR TRELLJSPAT1O.DOC 7/15/98 1179 This Supplemental Declaration has been executed by Declarant and Hovnanian to be effective as of the date of its Recordation. K. HOVNANIAN AT OCEAN WALK, INC., WL HOMES LLC, a Delaware limited liability a California corporation /•• company, dba Watt Homes By: Its: "Hovnanian" STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) Steve Kabel Its: Divisiona President "Declarant" On _, 1998, before me, Y- ' \Ji\ //i Hi nn-y'j personally appeared Steve Kabel, personally known to me (orpreved-teme^nthe basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. \ &EILEEN A. ST1NNER Commission p 1175639 Notary Public - California | San Bernardino County r My Comm. Expires MOT 7. 2002^Notary Public in and for said State -3- C:\MY DOCl.-\ENTS\WORD DOCUMENTS\VISTAMAR\TRELIJSPATIO DOC 7 1598 1180 STATE OF CALIFORNIA COUNTY OF >frn })<-e*nJ" personally appeared R^W^ \Jar\dQt\-e. and _ 1998, before me, porconally Irnnnm to mn (nr proved to me on the basis of satisfactory evidence) to be the person(*)- whose namefs)-(is) («e) subscribed to the within instrument and acknowledged to me that (he) (she) (they) executed the same in (his) (her) (their) authorized capacities}, and that by (Ms) (h signature^ on the instrument the person^, or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal. otary Public in and for said State (SEAL) OFFICIAL SEAL I CHRISTIAN M. CLAUSEN *INOTARY PUBLIC-CALIFORNIA! COMM. NO. 1192950 ^ SAN DIEGO COUNTY • MY COMM. EXP. AUG. 9,2002 I C:\MY DOCUMENTSWORD DOCUMENTS\VISTAMAR\TRELL1SPATIO.DOC 7/1J/98 PLANNING AREA B-1 BALCONY/DECK DESIGN GUIDELINES THE FOLLOWING ARE DESIGN GUIDELINES/STANDARDS FOR BALCONIES AND DECKS WITHIN PLANNING AREA B-l OF THE POINSETTIA SHORES MASTER PLAN. THE PURPOSE OF THESE DESIGN GUIDELINES IS TO PERMIT THE CONSTRUCTION OF BALCONIES AND DECKS THAT ARE AESTHETICALL Y PLEASING AND UNOBTRUSIVE. THE DESIGN GUIDELINES ARE ACCOMPANIED BY A BALCONY/DECK EXHIBIT THAT IDENTIFIES WHICH UNITS MAY HAVE A BALCONY/DECK, AND THE LOCATION OF THE BALCONY/DECK ON A UNIT BY UNIT BASIS. BASIC REQUIREMENTS - 1. ALL BALCONIES AND DECKS SHALL COUPL Y WITH THE REQUIREMENTS OF THE UNIFORM BUILDING CODE. 2. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR A BALCONY/DECK, PROOF MUST BE SHOW THAT THE BALCONY/DECK HAS BEEN APPROVED BY THE HOMEOWNERS ASSOCIATION. APPROVAL BY THE HOMEOWNERS ASSOCIATION IS DISCRETIONARY AS OUTLINED IN THE CCitR's (HOA LETTER AND/OR HOA STAMP ON PLANS) J. A BALCONY/DECK MUST BE OF COLOR AND DESIGN THAT IS COMPATIBLE WITH THE DWELLING UNIT. 4. A BALCONY/DECK MUST MAINTAIN ALL SETBACK REQUIREMENTS AS SPECIFIED IN THE POINSETTIA SHORES MASTER PLAN. THE PLANNED DEVELOPMENT ORDINANCE OR THE BALCONY/DECK DESIGN GUIDELINES WHICH EVER IS MOST RESTRICTIVE. 5. NO BALCONY/DECK MAY INTRUDE INTO ANY YARD SO AS NOT TO COMPL Y WITH SECTION 21.64.120 OF THE CITY ZONING ORDINANCE. 6. A BALCONY/DECK IS PERMITTED ONLY ON THE UNITS SPECIF/CALL Y IDENTIFIED AS ALLOWING FOR A BALCONY/DECK PER THE BALCONY/DECK, TRELLIS/PATIO COVER AND FENCE EXHIBIT. SPECIFIC DEVELOPMENT STANDARDS - i. A BALCONY/PECK CANNOT BE GREATER IN DEPTH THAN FOUR (4) FEET. 2 A BALCONY/DECK CANNOT BE GREATER THAN TEN (10} FEET IN LENGTH AS MEASURED FROM OUTSIDE EDGE OF THE BALCONY/DECK TO THE OUTSIDE EDGE Of THE BALCONY/DECK. J A MAXIMUM LENGTH OF TEN (10) FEET OF BALCONY/DECK IS PERMITTED ON THE SAME SIDE OF THE DWELLING UNIT. 4 THE OUTSIDE EDGE OF A BALCONY/DECK MUST MAINTAIN A MINIMUM DISTANCE OF TEN (10) FEET FROM ANY ADJOINING DWELLING UNIT OR OTHER BALCONY/DECK OR TRELLIS/PATIO COVER POST. 5. A BALCONY/DECK MUST MAINTAIN A MINIMUM OF FIVE (5) FEET PROM A FENCE. SOUND WALL OR COMMUNITY WALL. 6. A BALCONY/DECK MUST MAINTAIN A MINIMUM OF TEN (10) FEET FROM THE BACK OF ANY SIDEWALK OR PRIVATE DRIVEWAY. 7. NO BALCONY/DECK MAY BE LOCATED OUTSIDE THE IDENTIFIED COVERAGE AREA. FENCE NOTE EXACT FENCE LOCATION SUBJECT TO MINOR ADJUSTMENT FOR UTILITY, DOOR AND AND WINDOW LOCATIONS AND SUBJECT TO APPROVAL OF THE PLANNING DIRECTOR. SHEET 1 OF 8 SHEETS PLANUNG AREA B-1 TREWS/PAW COVER DESIGN GUIDELINES THE FOLLOWING ARE THE DESIGN GUIDELINES/STANDARDS FOR TRELLIS' AND PATIO COVERS WITHIN PLANNING AREA B-1 OF THE POINSETTIA SHORES MASTER PLAN. THE PURPOSE OF THESE DESIGN GUIDELINES IS TO PERMIT THE CONSTRUCTION OF TRELLIS AND PATIO COVERS THAT ARE AESTHETICALL Y PLEASING AND UNOBTRUSIVE. THE DESIGN GUIDELINES ARE ACCOMPANIED BY A TRELLIS/PATIO COVER EXHIBIT THAT IDENTIFIES WHICH UNITS MAY HAVE A TRELLIS/PATIO COVER. AND THE LIMITS OF THE AREA OF COVERAGE FOR TRELLIS' AND PATIO COVERS ON A UNIT BY UNIT BASIS.. BASIC REQUIREMENTS - 1. ALL TRELLIS AND PATIO COVERS SHALL COMPL Y WITH THE REQUIREMENTS OF THE UNIFORM BUILDING CODE. 2. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR A TRELLIS OR PAW COVER, PROOF MUST BE SHOWN THAT THE TRELLIS/PATIO COVER HAS BEEN APPROVED BY THE HOMEOWNERS ASSOCIATION. APPROVAL BY THE HOMEOWNERS ASSOCIATION IS DISCRETIONARY AS OUTLINED IN THE CCttR's.(HOA LETTER AND/OR HOA STAMP ON PLANS) J. A TRELLIS/PATIO COVER MUST BE OF COLOR AND DESIGN THAT IS COMPATIBLE WITH THE DWELLING UNIT. 4. ROOFING MATERIALS FOR A PAW COVER MUST BE THE SAME OR NEAR THE SAME STYLE AND COLOR AS THE DWELLING UNIT. 5 A TRELLIS/PAW COVER MUST MAINTAIN ALL SETBACK REQUIREMENTS AS SPECIFIED IN THE POINSETTIA SHORES MASTER PLAN, THE PLANNED DEVELOPMENT ORDINANCE OR THE TKEWS/PAW COVER DESIGN GUIDELINES. WHICH EVER IS MOST RESTRICTIVE. 6. TRELLIS/PAW COVERS ARE PERMITTED ONLY ON THE UNITS SPEOTICALLY IDENTIFIED AS ALLOWING FOR TRELLIS/PAW COVERS PER THE TRELLIS/PAW COVER EXHIBIT. SPECIFIC DEVELOPMENT STANDARDS - 1. A TRELLIS/PAW COVER CANNOT BE GREATER IN HEIGHT THAN TWEL VE (12) FEET. 2. A TRELLIS/PAW COVER CANNOT BE GREATER IN DEPTH THAN TEN (10) FEET. J. A TRELLIS/PAW COVER CANNOT BE GREATER THAN 16 FEET IN LENGTH. AS MEASURED FROM OUTSIDE OF POST TO OUTSIDE OF POST. A MAXIMUM OF TWO (2) FEET OVERHANG IS ALLOWED PAST THE POST. (SEE TRELLIS/PAW COVER DETAIL) 4. A MAXIMUM LENGTH OF 20 FEET OF TRELLIS/PATIO COVER IS PERMITTED ON THE SAME SIDE OF THE DWELLING UNIT. 5. A TRELLIS/PAW COVER MUST MAINTAIN A MINIMUM DISTANCE OF TEN (10) FEET FROM ANY ADJOINING DWELLING UNIT OR OTHER TRELLIS/PAW COVER POST. A MAXIMUM OF TWO (2) FEET OVERHANG IS ALLOWED PAST THE POST.e. A TRELLIS/PAW COVER MUST MAINTAIN A MINIMUM OF FIVE (5) FEET FROM A FENCE, SOUND WALL OR COMMUNITY WALL. 7. A TRELLIS/PAW COVER MUST MAINTAIN A MINIMUM OF TEN (10) FEET FROM THE BACK OF ANY SIDEWALK OR PRIVATE DRIVEWAY. 8. NO TRELLIS/PATIO COVER POST OR OVERHANG MAY BE LOCATED OUTSIDE THE IDENTIFIED COVERAGE AREA. mx BALCONY/DECK, *-* TRELUS/PATIO COVER, J2 AND FENCE PLAN EXHIBIT (POINSETTIA SHORES - AREA B1) 1/U/M w. 1004 C«»™* HOB• •I «<-'»« ft. fl tj> MV> oiswro f _HJLJ •_ D't OCC \Vt1 : «ajau «".;_!£ JOB NO JfcJSJ<_ CttPai. *. 5' MIN. FENCE 120' MIN.120' MIN.SHEET 2 OF 8 SHEETS BLDG. OVERHANG LjsM. \W UIN.T~ ' f W MIN. K »'•'•• • -'•'- •• "0 5' MIN. CURB LINE -- STRUT ,g UIN GRADE „ ' NO SCALE 5' 5' MIN. FENCE FENCE UGEH& BALCONY/DECK. TRELLIS/PATH) COVER COVERAGE AREA FENCE AREA 'B-r TRELUS/PATIO COVER EXHIBIT K. HOWANIANCLUSTER DETAIL #2 /C. HOVNANIAN UNITS 69-158 -• ) •*- 5' *W. CURB LINE NO SCALE cowCOVERAGE AREA AREA 'B-1* TRELLIS/PATIO COVER EXHIB|T *• HOWANIANCLUSTER DETAIL // BALCONY/DECK. TRELUS/PATIO COVER, AND FENCE PLAN EXHIBIT (POINSETTIA SHORES - AREA B1) fflfl !}/"./•» r- 0 ±L 5 U 1 T yii T s Mf>0 »••••» C««1 _M^L». D"t: . Dtt; I»t7 .''iJ.P ____ V,»l£: MQ 9O1£ L-Lt ____ JO* •« : Jtl5Jt_ _iM)w. o onai. JR. ' m\ mni 120' M/N. \ s-PROPOSCD BLDG. LINE' * —«•— — 5' MIN. FENCE FENCE — i — 5' MIN. CURB ONE LEGEND; BALCONY/DECK,TRELLIS/PATIO COVERCOVERAGE AREA NO SCALE AREA 'B-1* TRELLIS/PATIO COVER EXHIBIT WA 77 HOMES FENCE WA TT HOMES UNITS 1-68 SHEET 3 OF 8 SHEETS ! 2' MX. \ 16' MAX. IbvERHANW * POST ^ • -^- — £ UNA. /-^ (OVERHANG) TREILS/PATIO COVER ^ POST TRELLIS DETAIL NO SCALE •\vxvv COto BALCONY/DECK. TRELUS/PATIO COVER, AND FENCE PLAN EXHIBIT (POINSCTTIA SHORES - AREA B1) CO N S U L T ^fj T w* 'co B» H.H.. LW. WIT otc \vn _£• J5._._ v-«l up SOU ANCHORAGE AVENUE: 00 ftntt (6- UNO • •' SHEET 5 OF 8 SHEETS ANCHORAGE AVENUE \\i CO 01 MATCHLINE - SEE SHEET No. 7 met (6-««•) *•**,LESEND: BALCONY/DECK. TRELLIS/PATK) COVER COVERAGE AREA . . . FENCE (6' MAX.) SHEET 6 OF 8 SHEETS <JO 0> BALCONY/DECK, TRELUS/PATIO COVER, AND FENCE PUN EXHIBIT (POINSETTIA SHORES - AREA B1) '0.8 «r«fD 91/lJ/M W.T' " •• T "C 0 H S U i. T »• lrf~", S3, _J1!L.IJL Wt: CtC. IM7 owwi If _?.«._! C_ vxf «0 fMl TN^'MffB Or <W*1 TMgyffl, L*PPQLL ^ Ptt^ ^^fll SHEET 7 OF 8 SHEETS MATCHLINE - SEE SHEET No.5 X" / l>" "^^v-f / ^*•&&'/ /LEGEND: **" ' OO xi \ \ \\ BALCONY/DECK, TRELUS/PATIO COVER, AND FENCE PLAN EXHIBIT (poiNsrrriA SHORES - AREA BI) BALCONY/DECK. TRELLK/PATIO COVER COVERAGE APEA FENCE (61 MAX) M5WFD 0 OMWIJ B» J.J'.i W'OJEC' uc» u-'jt OCC I«T7 -f : MO SOU PIT; SHEET 8 OF 8 SHEETS LEGEND: MATCHLINE - SEE_SHT No.6j— BALCONY/DECK. TRELLIS/PATIO COVER COVERAGE AREA CO 00 BALCONY/DECK, TRELUS/PATIO COVER, AND FENCE PLAN EXHIBIT (POINSETTIA SHORES - AREA B1) n-rnv oi/u'MT'MO '}/•'/•>' PtC. l«7 ;i PCX: ssai »••»»EXHIBIT 'B 120' MIN. UNIT OWNER MAINTENANCE- RESPONSIBILITY AREA (TYP.) (PRIVATE OWNERSHIP) 5' MIN. FENCE CONCEPTUAL n v BUILDING LINE (TYPICAL) FENCE (TYP.) 5' MIN. LEGEND: UNIT BOUNDARY FENCE LINE UNIT OWNER MAINTENANCE RESPONSIBILITY AREA (PRIVATE OWNERSHIP) HOMEOWNER ASSOCIATION MAINTENANCE RESPONSIBILITY AREA (ASSOCIATION PROPERTY) ©1998 O'Doy Consultants, Inc. HOMEOWNER ASSOCIATION MAINTENANCE RESPONSIBILITY AREA (TYP.) (ASSOCIATION PROPERTY) MAINTENANCE RESPONSIBILITY DETAIL AREA 'B1' SHEET 1 OF 1 CONSUL T T S MOO Pmlcur C«url SuH« 100 Corltbad. Colrf<xr.0 97O08 6I9-9J1-7700 ro«:6ie-9J1-8680 Civil F:\JDBS\9610I9\96I9ZBIA 7-17-98 l'44QO pn RECORDED AT THE REQUEST CHICAGO TITLE CO.1303 DOC ft 1998-0757059 NOV 2O* 1998 OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GREGORY J. SHITH, COUHTY RECORDER FES: 32.00 PM WHEN RECORDED, MAIL TO: JACKSON, DEMARCO & PECKENPAUGH (BWC) P.O. Box 19704 Irvine, CA 92623-9704 1998-0767059 \CDfi (Space Above for Recorder's Use) NOTICE OF ADDITION OF TERRITORY AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAMAR AT SAN PACIFICO - PHASE 3 C:VDOCS\BWC257\27I54\000\NOTC\0301665.01 10/30/98 1304 NOTICE OF ADDITION OF TERRITORY AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAMAR AT SAN PACIFICO - PHASE 3 THIS NOTICE OF ADDITION OF TERRITORY AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAMAR AT SAN PACIFICO - PHASE 3 (the "Notice of Addition") is made by WL HOMES LLC, a Delaware limited liability company, dba Watt Homes, as successor in interest to Watt Residential Partners, a California general partnership ("Declarant"). PREAMBLE: A. Declarant is one of the developers of that certain condominium project known as Vistamar at San Pacifico (the "Project") in the City of Carlsbad, California (the "City"). B. The Project is subject to the Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Vistamar at San Pacifico (the "Declaration"), Recorded on November 7,1997, as Instrument No. 1997-0563588, in the Official Records of San Diego County, California (the "Official Records"). The Declaration is binding upon all Owners of Condominiums in the Project. C. The Project is planned to be developed as a multi-phase development. Phase 1 of the Project contains 16 Condominiums (the "Phase 1 Condominiums"). Each Phase 1 Condominium includes a "front yard" area as depicted with shading on Exhibit A attached hereto (the "Phase 1 Front Yards"). Except for any Owner of a Phase 1 Condominium (individually, a "Phase 1 Owner or collectively, the "Phase 1 Owners") who has elected to have that Owner's Phase 1 Front Yard maintained by the Association as provided in this Notice of Addition, each Phase 1 Owner is currently obligated to maintain and repair the Phase 1 Front Yard that is a part of that Phase 1 Owner's Phase 1 Condominium. D. Declarant is the owner of certain real property (the "Added Territory") in the City, described as follows: Units 37 to 45, inclusive, and the Common Area and Association Property, as shown on the Condominium Plan for Phase 3 (the "Plan"), recorded on MOvJ- 2.Q , 1998, as Instrument No. ^8-075"706 7 , in the Official Records, which Plan encumbers C:\DOCS\B WC257U7154\000\NOTC\0301665.01 10/30/98 1305 a portion of Module B-l as shown on the Condominium Plan for Phase 2 (the "Phase 2 Plan"), recorded on October 23, 1998, as Instrument No. 1998-0688023, in the Official Records. The Phase 2 Plan encumbers Lots 1 and 3 of Carlsbad Tract 94-08, in the City of Carlsbad, County of San Diego, State of California, per Map No. 13616, recorded on August 12,1998 as File No. 1998-510723. E. The Added Territory is part of the Annexable Territory as defined in the Declaration. F. Pursuant to Article XVI of the Declaration, Declarant now desires to add the Added Territory to the property already subject to the Declaration as a Phase of Development of the Property. THEREFORE, DECLARANT HEREBY DECLARES AS FOLLOWS: 1. Annexation of Added Territory. Declarant, as the owner of the Added Territory, hereby declares that the Added Territory is annexed to and made a part of the Property as a Phase of Development thereof. This Notice of Addition constitutes a Notice of Addition of Territory, as described in Section 16.4 of the Declaration, 2. Interests in Common Areas. Subject to the provisions of Section 11.5 of the Declaration, each Owner of a Condominium in the Added Territory shall have an equal and undivided one-ninth (1/9) interest in the Common Area which is located in the Added Territory. Such Common Area shall be conveyed in fee simple to the Owners of Condominiums in the Added Territory as tenants in common, subject to certain reservations and grant of easements. 3. Association Property. (a) Generally. The Association Property in the Added Territory is shown on the Plan and includes the Added Territory Front Yards described in Section 3(b) below. Declarant shall convey fee title to the Association Property in the Added Territory described in the Plan to the Association on or before the first Close of Escrow in the Added Territory. The Association shall have no maintenance responsibilities for the Association Property in the Added Territory until Declarant conveys such Association Property to the Association. (b) _ Front Yards. The Association Property includes, without limitation, all of the front yard area of the Condominiums in the Added Territory depicted on Exhibit B (the "Added Territory Front Yards"). (c) Encroachments. Declarant reserves for its benefit and the benefit of the Owners an easement appurtenant to each Unit over the Association Property -2- C:\DOCS\BWC257\27154\000\NOTC\0301665.01 10/30/98 1306 for the purpose of accommodating and maintaining architectural projections such as eaves, overhangs, roofing, vents, windows and shutters of the Unit which may extend into the Association Property. 4. Membership in Association. Each Owner of one or more Condominiums in the Added Territory shall automatically become a Member of the Vistamar at San Pacifico Association (the "Association"), a California nonprofit mutual benefit corporation, as provided in Section 2.3 of the Declaration. 5. Assessment Obligations and Voting Rights. (a) Generally. Except as provided in Sections 5(b) and (c) below, the rights and obligations of all Owners of Condominiums located in the Added Territory concerning payment of assessments and voting are set forth in Article V and Section 2.6, respectively, of the Declaration. The Annual Assessments to be paid to the Association and each Owner's voting rights shall commence as to all Condominiums in the Added Territory on the first day of the calendar month after the first Close of Escrow in the Added Territory. (b) Front Yard Cost Center. Declarant hereby declares that the portion of the Common Expenses of the Association allocated to the cost of operating, maintaining and repairing all of (1) the Added Territory Front Yards, (2) the Front Yards in all prior Phases of Development except Phase 1, (3) the Front Yards in future Phases of Development and (4) any Front Yards of Phase 1 Owners who have elected to have the Association maintain such Phase 1 Front Yards as provided in Section 6(b) below), constitue a "Cost Center" under Section 1.22 of the Declaration (the "Front Yard Cost Center"). The costs included in the Front Yard Cost Center shall be borne only by Owners whose Front Yards constitute Association Property. (c) Phase 1 Excess Cost Center. Due to the period of time that has elapsed between the first Close of Escrow in Phase 1 and the development of the Added Territory and changes in the development plan for the Project, there has been an increase in the built out Budget for the Project. Therefore, to ensure consistency between the original built out Budget and Annual Assessments for Units in Phase 1, the Annual Assessment for Phase 1 Owners shall be reduced by the amount, if any, by which the Annual Assessment for Phase 1 Owners in each Phase of Development of the Project, as reflected in the Budget for the Project approved by the DRE as of the date of Recordation of this Notice of Addition, exceeds the built out Annual Assessment originally disclosed to Phase 1 Owners in the original Budget for the Project (Thirty Dollars ($30)), exclusive of any increases in Annual Assessments by the Members or Board of Directors authorized under the Declaration ("Phase 1 Excess"). Declarant hereby declares that the Phase 1 Excess shall be a separate "Cost Center" under Section 1.22 of the Declaration (the "Phase 1 Excess Cost Center"). The costs included in the Phase 1 Excess Cost Center shall be borne only by the Owners of Units in the Added Territory and all later Phases of Development. The foregoing shall not limit increases in Phase 1 Annual Assessments occurring as a result of an increase in all Annual Assessments or the levy of any Capital Improvement, Special or Reconstruction Assessments by the Members or Board under the Declaration. Furthermore, the foregoing Phase 1 Excess reduction for C:\DOCS\BWC257\27154\000\NOTC\0301665.0I 10/30/98 1307 Phase 1 Owners does not apply to front Yard Cost Center allocations for those Phase 1 Owners who elect to have the Association maintain their Front Yards. 6. 'Maintenance Obligations. (a) Generally. Except as provided in Section 6(b) below, the respective maintenance obligations of the Association, the Owners and Declarant shall be as described in the Declaration. An illustration of the areas in the Added Territory to be typically maintained by the Owners and the Association, respectively, is attached hereto as Exhibit C (Maintenance Responsibility Detail). (b) Front Yards. (1) Scope of Maintenance. Maintenance and repair of all Front Yards which are Association Property shall be performed in accordance with Section 2.7 of the Declaration and includes the maintenance, repair and replacement of landscaping, irrigation facilities and other Improvements on the Front Yards. (2) Added Territory Front Yards. The Added Territory Front Yards are hereby designed as included in the Association Property to be maintained by the Association as provided in Subsection 6(b)(l) above. (3) Phase 1 Front Yards. Each Phase 1 Front Yard shall continue ' to be maintained by the Owner of the Condominium which includes that Front Yard unless and until such Phase 1 Front Yard is designated as Association Property and maintenance is transferred to the Association pursuant to a separate Recorded agreement between the Association and that Phase 1 Owner. 7. Termination of Prior Notice. The Notice of Addition of Territory and Supplemental Declaration of Covenants, Conditions and Restrictions for Vistamar at San Pacifico recorded on October 23, 1998, as Instrument No. 1998-0688026, in the Official Records is hereby terminated to the extent it applies to the Added Territory, and is superseded and replaced by this Notice of Addition. 8. Miscellaneous. The provisions of this Notice of Addition shall run with all of the Added Territory and the Property; shall be binding upon all Persons having or acquiring any interest in the Added Territory, the Property, or any part thereof; shall inure to the benefit of and burden every portion of the Added Territory, the Property, and any interest therein; and shall inure to the benefit of, be binding upon, and may be enforced by any Owner, Declarant, each successor in interest of Declarant, the Association, and their successive Owners and assigns. Except as otherwise provided herein, the terms in this Notice of Addition shall have the same meanings as are given such terms by the Declaration. Except as otherwise expressly provided herein, all of the provisions of the Declaration are hereby incorporated by reference as if fully set forth herein. All exhibits attached hereto are incorporated hereby by reference. -4- C:\DOCS\BWC257\27I54\000\NOTC\030I665.0I 10/30/98 1308 This Notice of Addition has been executed by Declarant to be effective as of the date of its Recordation. WL HOMES LLC, a Delaware limited liability company, dba.Watt Homes By: Steve Kabel Its: Divisional President "Declarant" STATE OF CALIFORNIA Sanftew COUNTY OF-QRANQE On ss- . 1998, before me,A- personally appeared STEVE KABEL, personally known to me (or proved to no on thtibasis-of s'alisfdtlui> evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) EILEEN A. ST1NNER Commission # 1175£39 Notary Public - California San Bernardino Courty My Camm.. rxrvas AvV3r 7,20C2 Notary Public in and for said State -5- C:\DOCS\BWC257\27154\000\NOTC\0301665.01 10/30/98 MNDRGSE- - CIRCLE PHASE 1 FRONT YARD EXHIBIT VISTAMAR @ SAN PACIFICO (POINSETTIA SHORES - AREA B2) FRONT YARD /PQIVA TT IIMT OWtFRSHfP) 5900 Posttuf Court Suit* 100 Corltbod. Colifornlo 92000 760-931-7700 Fox:760-931-B6BO Civil Engineering Pfonnlng Processing Surveying EXHIBIT 'C' 1310 120' UN. UNIT OWNER MAINTENANCE RESPONSIBILITY AREA (JYP.) (PRIVATE OWNERSHIP) 5' MIN. FENCE FENCE (TYP.) 10 5' MIN. NO SCALE LEGEND: BOUNDARY FENCE LINE UNIT OWNER MAINTENANCE RESPONSIBILITY AREA (PRIVATE OWNERSHIP) HOMEOWNER ASSOCIATION MAINTENANCE RESPONSIBILITY AREA (ASSOCIATION PROPERTY) ©1998 O'Doy Consultants, Inc. HOMEOWNER ASSOCIATION MAINTENANCE RESPOHStB/LITY AREA (JYP.) (ASSOCIATION PROPERTY) MAINTENANCE RESPONSIBILITY DETAIL AREA ' SHEET 1 OF 1 CONSULT A^N T S 5900 Palmr Coirl CM CnflnMriiig Suit* 100 Homing CoHibed. California 92006 Preenwng «U-»i1-r70D r<n:«!9-9J1-8680 r=\JOBS\961019\ZBirRN-C 11-18-98 3:48:37 pn XRETS: NONE EXHIBIT 'B'SHEET 1 OF 1 VISTAMAR AT SAN PACIFICO PHASE J FRONT YARD LANDSCAPED AREA 5900 Posteur Court Suite 100 Carlsbad. California 92008 750-931-7700 Fm:760-931-8680 CivB Engineering Planning Processing Surveying LEGEND: FRONT YARD LANDSCAPED AREA OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION F.\J08S\«II>19\ZIIF(»«J H-18-98 >LEASE COMPLETE THIS INFORM*.* .,. RECORDING REQUESTED BY: **^. «£/ 1495 ' 1995-0322359 27-Jbi_-1995 03 = 54 Pfl OFFICIAL RECORDS SflN DIEGO COUNTY RECORDER'S OFFICE GREGORY SfllTH, COUNTY RECORDER FEES: 0.00 TtOS SPACE FOR KECORDEX'S USE ONLY AMENDMENT TO NOTICE OF SPECIAL TAX LIEN Annexation No. 1 to Community Facilities District No. 3 of the Carlsbad Unified School District (Ptaue fill in document titles) on the thi< line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recordiag fee applies) 6/94 Rtc.Form *R25 6? RECORDING REQUESTED BY f . AND RETURN TO: l * » O COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT c/o Bowie, Arneson, Kadi, Wiles & Giannone Attention: Arto J. Nuutinen 4920 Campus Drive Newport Beach, Ca. 92660 (Space Above Line for Recorder's U? AMENDMENT TO NOTICE OF SPECIAL TAX LIEN Annexation No. 1 to Community Facilities District No. 3 of the Carlsbad Unified School District NOTICE - THIS DOCUMENT SHALL ACT TO SUPPLEMENT THE NOTICE OF SPECIAL TAX LIEN PREVIOUSLY RECORDED FOR COMMUNITY FACILITIES DISTRICT NO. 3 OF THE CARLSBAD UNIFIED SCHOOL DISTRICT RECORDED ON APRIL 26, 1994, IN THE SAN DIEGO COUNTY RECORDER'S OFFICE AS INSTRUMENT NO. 1994-0277976. NOTICE - THIS DOCUMENT SHALL NOT SUPERSEDE THE ABOVE-REFERENCED DOCUMENT. Pursuant to the requirements of Sections 3114.5 and 3117.5 of the Streets and Highways Code, the undersigned Clerk of the Board of Trustees (the "Board") of the Carlsbad Unified School District (the "District"), County of San Diego, State of California, hereby gives notice that .a Hen to secure payment of a special tax which the District, located within the City of Carlsbad, State of California, is authorized to levy is amended as provided for herein. The special tax secured by this lien is authorized for the purpose of: (1) paying principal and interest on bonds, the proceeds of which are being used to finance school and related facilities and all other incidental expenses thereto, and other facilities as defined in the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.): and (2) providing such facilities, planning and design work and incidental expenses without bonds. -1- BAKW4CWJK/22330 30tt.17.82-7/HW5 1497 The special tax is authorized to be levied within territory annexed to Community Facilities District No. 3 and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue hi force and effect until the special tax obligation is prepaid, permanently satisfied, and cancelled in accordance with the law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on Exhibit "A", attached hereto and incorporated herein by this reference. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority hi case of delinquency as is provided for ad valorem taxes, except that if Bonds have been issued judicial foreclosure may be provided for. Owners of parcels of real property within the territory annexed to Community Facilities District No. 3 shall have the right to fully prepay the special tax to be levied on such parcels as set forth in Exhibit "A", hereto. Notice is further given that upon the recording of this Notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property as annexed to Community Facilities District No. 3 in accordance with Sections 3115.5 and 3117.5 of the Streets and Highways Code. The names of the owners of the real property annexed into Community Facilities District as they appear on the latest secured assessment roll as of the date of recording of this Notice are as shown on Exhibit "B", attached hereto and made a part hereof by this reference. The assessor's tax parcel numbers of all parcels, or any portion thereof, which have been added to the territory within Community Facilities District No. 3 are as shown on Exhibit "B", attached hereto. Reference is made to the boundary map of Annexation No. 1 to Community Facilities District No. 3 recorded on June 16, 1995, at Book 29 of Maps of Assessment and Community Facilities and Assessment Districts at Page 29, as Instrument No. 1995-0254037 in the Office of the Recorder for the County of San Diego, State of California, which map depicts the territory annexed into Community Facilities District No, 3 and which annexation has now been completed. For further information concerning the current and future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact -2- BAKW&&AJNI22330 3042.17.8.2-7/2095 1498- the Assistant Superintendent of Business Services of the Carlsbad Unified School District, Mr. John Blair, Secretary at the Carlsbad Unified School District, 801 Pine Avenue, Carlsbad, California 92008-2439. By; Clerk of the Board of Trustees of the Carlsbad Unified School District -3- 30O.I7.U - TCO95 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) 1499 On before me, (here insert name and title of the officer), personally appeared a*-"rc2>oy cJ^t-*^\o*4fKL2*— . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person^) whose name(^) is/ajfe subscribed to the within instrument and acknowledged to me that h£/she/th#y executed the same in hjis/her/thgi authorized capaciry(i$), and that by hkPher/their signature^ on the instrument the person^). or the entity upon behalf of which the person(s$ acted, executed the instrument. r WITNEI5 Signature and official seal. (SEAL) -4- BAKWSGAJNOZJJO 1500 EXHIBIT "A" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT This Rate and Method of Apportionment of this Special Tax sets forth the special tax applicable to each Assessor's Parcel within Community Facilities District No, 3 ("CFD No. 3") of the Carlsbad Unified School District to be levied and collected according to the special tax liability determined by the Board of Trustees of the Carlsbad Unified School District (the "School District"), acting as the Legislative Body of CFD No. 3. The applicable Annual Maximum Special Tax shall be determined pursuant to the application of the appropriate amount or rate for "Developed Property", as described below. All Developed Property within CFD No. 3, unless exempted by law, or the provisions of Section E, below, shall be subject to the applicable Annual Maximum Special Tax levied and collected to the extent and hi the manner herein provided. This Rate and Method of Apportionment also is provided as an explanation to allow landowners or residents within CFD No. 3 to estimate the Annual Maximum Special Tax to be annually levied and collected, or prepaid, as the case may be, with regard to property within CFD No. 3. A. Definitions "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Division 2 of Title 5 of the California Government Code. "Administrative Expense" means any costs incurred by the School District on behalf of CFD No. 3 related to the determination of the amount of the annual levy of the Annual Maximum Special Tax, the collection of the Annual Maximum Special Tax, the administration of the Bonds of CFD No. 3, and the other costs incurred in order to carry out the authorized purposes of CFD No. 3. "Annual Maximum Special Tax" means the special tax to be levied in each Fiscal Year pursuant to Sections C. and D. on each Assessor's Parcel classified as Developed Property for a period not to exceed 30 years including the Initial Fiscal Year. "Assessor's Parcel" means a parcel of land as designated on an official map of the San Diego County Assessor which has been assigned a discrete identifying parcel number. "Board" means the Board of Trustees of the Carlsbad Unified School District. -5- BAKW&G!A»*22330 TOfi. 17.8.2. 7CO9S 1501 "Bonds" means the bonds, or equivalent securities, including, but not limited 10. certificates of participation or leases, of CFD No. 3 issued and sold to finance the Facilities. "Bond Indenture" means the Bond Indenture, Trust Agreement or equivalent document, approved, and/or entered into, by CFD No. 3 providing for the issuance and sale of Bonds, as the same may be amended or supplemented from time to time. "Commercial/Industrial Property" means property zoned for commercial/industrial uses or other non-residential uses. "Developed Property" means for any Fiscal year all Taxable Property for which a foundation building permit for Residential Property was issued prior to May 1 preceding the Fiscal Year in which the Annual Maximum Special Tax is being levied. "Facilities" means the school facilities as may be identified hi the Community Facilities District Report prepared for CFD No. 3 on file in the Office of the Clerk of the Board or such other facilities to be financed by CFD No. 3 pursuant to the Act. "Fiscal Year" means the period starting on July 1st and ending the following June 30th. "Initial Fiscal Year" applies only to Developed Property and means the first Fiscal Year in which the Annual Maximum Special Tax will be apportioned and levied on an Assessor's Parcel. "Land Use Class" means any of the classes of Developed Property listed in Table 1 below. "Multi-Family Unif'or "Attached Dwelling Unit" means all Developed Property other than Single Family Detached Units, which includes, but shall not be limited to, apartments available for rental by the general public, condominiums as defined in Civil Code Section 1351, or a structure or structures made up of two or more units that share common walls that is to be developed or is developed for residential use. "Residential Property" means all property within CFD No. 3 classified as either a Single Family Detached Unit or Multi-Family Unit. "Senior Citizen Housing" means any senior citizen housing, residential care facilities for the elderly, or multilevel facilities for the elderly meeting the definitions set forth in Government Code Section 65995.1 or a successor section thereto. "Single Family Detached Unit" means Developed Property which contains a structure of one dwelling unit that is to be developed or is developed for residential use. -6- BAKW&CVAJNfZBTO 3042.17.12 -7W9S 502 "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No 3 which are not exempt from the Annual Maximum Special Tax pursuant to the Act and the provisions of Section E. herein. "Undeveloped Property" means all Taxable Property in CFD No. 3 not classified as Developed Property. B. Assignment to Land Use Categories As soon as practicable, as of May 1 for the next succeeding Fiscal Year, all Taxable Property within CFD No. 3 shall be categorized as Developed Property of Undeveloped Property. Developed Property shall be subject to an Annual Maximum Special Tax pursuant to Sections C. and D. below. For purposes of determining the applicable Annual Maximum Special Tax for each Assessor's Parcel of Developed Property, all Developed Property shall be assigned to a Land Use Class designated in Table 1 below. Single Family Detached Units shall be assigned to Land Use Class 1. Multi-family Units shall be assigned to Land Use Class 2. C. Annual Maximum Special Tax 1. Developed Property The Annual Maximum Special Tax for each Assessor's Parcel classified as Developed Property shall be the amount determined by reference to Table 1 and the paragraphs that follow Table 1. Table 1 Annual Maximum Special Tax Rates for Developed Property (For the Fiscal Year 1993-94) Annual Maximum Special Land Use Class Land Use Description Tax Per Unit (1993-94^ 1 Single Family Detached Unit $637 2 Multi-Family Unit/Attached Dwelling Unit $510 In determining the Annual Maximum Special Tax which may be levied in any Fiscal Year, on July 1, 1994, and on each July 1 thereafter, the Annual Maximum Special Tax shall be increased by an amount equal to 3 % of the amount in effect for the previous Fiscal Year, until July 1, 2008. After July 1, 2008, no further escalation of the Annual Maximum Special Tax shall occur. -7- BAKW&G/AJW2Z330 3M2.17.8.2 -7/2*95 1503 In each Fiscal Year in which an Assessor's Parcel is initially categorized as Developed Property, the Annual Maximum Special Tax for such Assessor's Parcel, for the Initial Fiscal Year and for each Fiscal Year thereafter, shall be fixed and shall thereafter not be subject to any further escalation of the Annual Maximum Special Tax as described in the paragraph above. 2. Undeveloped Property The Board shall not impose any Annual Maximum Special Tax on Undeveloped Property. D. Method of Apportionment of the Special Tax Commencing with Fiscal year 1994-95, and each Fiscal Year thereafter, the Board shall determine the Annual Maximum Special Tax to be collected from Taxable Property in CFD No. 3. The Board may levy the Annual Maximum Special Tax on all Assessor's Parcels of Development Property by levying the Annual Maximum Special Tax for Land Use Classes 1 and 2. E. Limitations The Board shall not levy an Annual Maximum Special Tax on properties owned by the State of California, federal or other local governments, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act. Developed Property which becomes the property of the State of California, the federal government or other public agency after being categorized as Developed Property is liable for the Annual Maximum Special Tax levied in the Fiscal Year during which such transfer occurs and will be subject to the Annual Maximum Special Tax in each Fiscal Year thereafter under the original Land Use Class for such Assessor's Parcel. Such Assessor's Parcel may be exempted, at the direction, and in the discretion, of the Board in any Fiscal Year. No Annual Maximum Special Tax shall be levied on Senior Citizen Housing or on Commercial/Industrial Property within CFD No. 3. F. Prepayment of the Annual Maximum Special Tax Any owner of Developed Property within CFD No. 3 may discharge the Annual Maximum Special Tax obligation in full or in part, by making payment pursuant to the applicable Sections F. 1. or F. 2 as follows: 1. Upon the Issuance of a Building Permit At the time of issuance of a building permit for a Single Family Detached Unit or a Multi- Family Unit, the owner of such a Single Family Detached Unit or a Multi-Family Unit may prepay the Annual Maximum Special Tax in full or in pan by making a cash payment to CFD -8- 3W117.8.2-7/2(V»i 1504 No. 3, in which case the Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Determine the maximum prepayment if the owner were to prepay the Annual Maximum Special Tax in entirety. For building permits issued prior ro July 1, 1994, the maximum prepayment for a Single Family Detached Unit is $6,616 and a Multi-Family Unit is $5,295. For building permits issued on or subsequent to July 1, 1994, the maximum prepayment shall increase by 1% per annum, commencing July 1, 1994, and each July 1 thereafter until July 1, 2008. upon which date the maximum prepayment shall be fixed and shall not thereafter increase. b. Determine the Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax by multiplying the Single Family Detached Unit's or Multi-Family Unit's applicable Annual Maximum Special Tax for the Initial Fiscal Year determined pursuant to Section C.I. by (one minus the quotient obtained by dividing the cash payment made by the owner pursuant to this Section F.l.b. by the maximum prepayment obligation determined pursuant to Section F.I.a). The Single Family Detached Unit's or Multi-Family Unit's revised Annual Maximum Special Tax for the Initial Fiscal Year, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for the Single Family Detached Unit or Multi-Family Unit for purposes of Sections C. and D. herein. 2. After the Issuance of a Building Permit After the time a building permit has been issued for a Single Family Detached Unit or a Multi- Family Unit, and prior to May 1 for the next succeeding Fiscal Year, the owner of such Single Family-Detached Unit or a Multi-Family Unit's Parcel may prepay the Annual Maximum Special Tax in full or in part by making a cash payment to CFD No. 3, in which case the Annual Maximum Special Tax for the applicable Fiscal Year, and each Fiscal Year thereafter, shall be reduced according to the following steps: a. Compute the present value of the Annual Maximum Special Tax at the weighted average coupon rate of the outstanding Bonds, or 7% if no Bonds have been issued by CFD No. 3 at the tune of this calculation, using a period equal to the lesser of the remaining term for which Annual Maximum Special Tax may be levied on such Developed Property or the remaining term of all outstanding Bonds; then b. Multiply the amount determined in Section F.2.a; above, by the owner's desired prepayment percentage (which shall be a minimum of twenty percent (20%) of the present value of the total Annual Maximum Special Tax) to determine the prepayment amount subject to additional adjustments as specified below; then -9- BAKW&G/AJN02330 3042.17.1.2 - 7/2095 2505 c. Add the following to the result of Section F.2.b.: i) Call premium as may be required in the Bond Indenture; ii) Bond interest on the amount determined in Section F.2.b., above, at the applicable weighted average interest rate on the Bonds issued and outstanding, if any, to the next available Bond call date or 7% to a maximum of ten (10) years if no Bonds have been issued by CFD No. 3 at such time; hi) Unpaid special taxes, interest and penalties, if any, which have been entered on the Assessor's tax roll; iv) and a $75 administrative charge per Single Family Dwelling Unit or Multi-Family Unit; then d. Subtract the following from the result of Section E.2.C.: i) Such Developed Property's pro rata share of the bond reserve fund allowance, computed at the rate used in establishing the reserve fund for outstanding Bonds, if applicable. Such Developed Property's pro rata share of the bond reserve fund shall be determined by multiplying the rate used in establishing the reserve fund by the quotient obtained by dividing such Developed Property's Annual Maximum Special Tax by the total Annual Maximum Special Tax for all Assessor's Parcels classified as Developed Property within CFD No. 3 for which such Bond(s) were issued. In cases where the prepayment percentage in Section F.2.b. is less than 100%, such Developed Property's pro rata share of the reserve fund shall be multiplied by the prepayment percentage to determine the applicable portion of reserve fund allowance. e. Subtract the following from the result of Section F.2.d. to determine the owner's cash payment required to be made to CFD No. 3: i) The interest earnings expected to be generated from the proceeds in Section F.2.d. taking into account the disbursement requirements of the proceeds at the reinvestment rate as determined by the CFD No. 3 from the date of discharge to the next available Bond call date, if applicable. e. The Annual Maximum Special Tax applicable to such Developed Property utilizing a prepayment percentage less than 100% percent shall be revised in the Fiscal Year following the date of prepayment by multiplying such Developed Property's Annual Maximum Special Tax by the prepayment percentage actually determined in Section F.2.b. Such Developed Property's revised Annual Maximum Special Tax for the Fiscal Year following the date of prepayment, and each Fiscal Year thereafter, shall be the Annual Maximum Special Tax for such Developed Property for purposes of Sections C. and D. herein. - 10- 304117.8.2 - 7/2W93 1506G. Manner of Collection The Annual Maximum Special Tax will be collected in the same manner and at the same time as ordinary ad valorem real property taxes. The Annual Maximum Special Tax shall be subject to the same penalties and the same procedure, sale and lien priority in case of a delinquency as provided for with ad valorem taxes. The collection of the Annual Maximum Special Tax shall otherwise be subject to the provisions of the Act. The Board reserves the power to provide for alternative means of collection of special taxes as permitted by the Act. H. Termination of Annual Maximum Special Tax Levy Provided that Special Taxes previously levied on an Assessor's Parcel are not delinquent, the lien of special taxes of CFD No. 3 shall terminate as to such Assessor's Parcel at the close of the thirtieth (30) Fiscal Year following the beginning of the Initial Fiscal Year for such Assessor's Parcel. Furthermore, provided an owner within CFD No. 3 fully and completely discharges their special tax obligation pursuant to Sections F. 1 and/or F.2, the lien of special taxes of CFD No. 3 shall terminate. Pursuant to Section 53330.5 of the Act, the Board shall, upon written request, cause to be recorded in the official records of San Diego County a Notice of Cessation of Special Tax Lien for each Assessor's Parcel upon termination of the lien on such Assessor's Parcel. I. Review/Appeal Board The Board shall establish, as part of the proceedings and administration of CFD No. 3. a special Review/Appeal Board. Any landowner who feels that the amount of the Annual Maximum Special Tax, as to their Assessor's Parcel, is in error may file a notice with the Review/Appeal Board appealing the amount of the levy. The Review/Appeal Board shall interpret this Rate and Method of Apportionment of the Special Tax and make determinations relative to the annual administration of the special tax and any landowner appeals, as herein specified. - 11- 3M2.17.12 -7/2095 1507 Ownership Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Kaiza Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Poinsettia Sea Bluff Associates Grey stone Homes, Inc. Bramalea California, Inc. Schindler Family Trust Ocean Bluff Partnership HSL/BP Michan L.P. HSL/BP Michan L.P. HSL/BP Michan L.P. Toyohara America Group EXHIBIT "B" Assessor Parcel Number 216-510-01 216-140-31 216-510-02 216-510-03 216-510-04 216-510-05 216-510-06 216-511-01 216-511-02 216-511-03 216^20-82 216-140-30 214-140-40 214-140-42 215-070-13 215-070-16 214-450-25 214-150-17 214-150-18 214-140-07 -12- JOtt. 17.12- 7/20TO (Continued) any indebtedness, approved by voters prior to July 1, 1978, the total property tax rate in most counties is approximately 1.25% of the full cash value. In some counties, the total tax rate could be well above 1.25% of the full cash value. For example, an issue of general obligation bonds previously approved by the voters and sold by a county water district, a sanitation district or other such district could increase the tax rate. For the purchaser of a unit in this subdivision, the full cash value of the unit will be the valuation, as reflected on the tax roll, determined by the county assessor as of the date of purchase of the unit or as of the date of completion of an improvement on the unit if that occurs after the date of purchase. ASSESSMENTS: This subdivision lies with Community Facilities District No. 3 of the Carlsbad Unified School District and is subject to any taxes, assessments and obligations thereof. The subdivider must provide purchasers with a disclosure entitled, "Notice of Special Tax, Community Facilities District No. 3, County of San Diego, California prior to purchaser entering into a contract to purchase. This Notice contains important information about district functions, purchaser's obligations, right of the district and information on how to contact the district for additional materials. Purchasers should thoroughly understand the information contained in the Notice prior to entering into a contract to purchase. This special tax appears on the yearly property tax bill, and is in addition to the tax rate affecting the property described above in the section entitled "TAXES". The buyer has five days after delivery of this Notice by deposit in the mail, or three days after delivery of any Notice in person, to terminate the sales agreement by giving written notice of that termination to the owner, subdivider, or agent selling the property. This project is also located within Community Facilities District No. 1 and Community Facilities District No. 2 which are for the payment of public facilities fees between the developer and the City of Carlsbad at the time the building permit is issued. CONDITIONS OF SALE - INTEREST TO BE CONVEYED: Pursuant to Civil Code Sections 2956 through 2967, inclusive, subdivider and purchasers must make certain written disclosures regarding financing terms and related information. The subdivider will advise purchasers of disclosures he needs from them, if any. Page 13 of 16 Pages File No. 076526LA-FOO NOTICE OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 3 CARLSBAD UNIFIED SCHOOL DISTRICT COUNTY OF SAN DIEGO, CALIFORNIA TO: THE PROSPECTIVE PURCHASER OF THE REAL PROPERTY ("PROPERTY") KNOWN AS: Unit , and a one- (I/ ) interest as a tenant in common in the Common Area, as shown and described in a Condominium Plan, recorded on , 199 , as Document No. , in Official Records of San Diego County, California, which Condominium Plan encumbers Lot of Tract No. , as shown on Map No. , filed on , 199_, in the Office of the San Diego Recorder, California. THIS IS A NOTIFICATION TO YOU PRIOR TO YOUR ENTERING INTO A CONTRACT TO PURCHASE THIS PROPERTY. THE SELLER IS REQUIRED TO GIVE YOU THIS NOTICE AND TO OBTAIN A COPY SIGNED BY YOU TO INDICATE THAT YOU HAVE RECEIVED AND READ A COPY OF THIS NOTICE. (1) This Property is subject to a special tax, which is in addition to the regular property taxes and any other charges, fees, special taxes and benefit assessments on the parcel. It is imposed on this Property because it is a new development, and may not be imposed generally upon property outside of this new development. If you fail to pay this tax when due each year, the Property may be foreclosed upon and sold. The tax is used to provide public facilities that are likely to particularly benefit the Property. YOU SHOULD TAKE THIS TAX AND THE BENEFITS FROM THE FACILITIES FOR WHICH IT PAYS INTO ACCOUNT IN DECIDING WHETHER TO BUY THIS PROPERTY. (2) The maximum special tax which may be levied against this parcel to pay for public facilities is $716.94 during the 1997-98 tax year. In determining the annual maximum special tax which may be levied in any fiscal year, the annual maximum special tax shall be increased in an amount equal to three percent (3%) of the amount in effect for the previous fiscal year, until July 1, 2008, at which date there shall be no further escalation of the annual maximum special tax. The special tax will be levied each year until all of the authorized facilities are built and all special tax bonds are repaid. However, in each fiscal year in which an assessor's parcel is initially categorized as "Developed Property," the annual maximum special tax for such parcel, for the initial fiscal year and each fiscal year thereafter, shall be fixed and shall thereafter not be subject to further escalation of the annual maximum special tax described in the paragraph above. "Developed Property" means for any fiscal year all taxable property for which a foundation building permit for residential property was issued prior to May 1 preceding the fiscal year in which the annual maximum special tax is being levied. Prepayment of the annual maximum special tax may be made in full or in part by making a cash payment to CFD No. 3. in which case the annual maximum special tax for that and each fiscal year thereafter shall be recorded accordingly. For payment in full, the maximum payment shall be $6,616 plus three percent (3%) per annum commencing July 1, 1994, and each July 1 thereafter until July 1, 2008, upon which date the maximum prepayment shall be fixed and shall not increase after the close of the thirtieth fiscal year following the tax levied upon said parcel. To determine a revised annual maximum special tax based on partial prepayment, purchaser's are advised to contact the District. (3) The authorized facilities which are being paid for by the special taxes, and by the money received from the sale of bonds which are being repaid by the special taxes, are schools and related facilities and other incidental expenses thereto, and other facilities as defined -1- 0256064.0! 6/5/97 in the Mello Roos Community Facilities Act of 1982 (Government Code Section 3331, et seq.); and providing such facilities, planning and design work and incidental expenses without bonds. These facilities may not have been constructed or acquired yet, and it is possible that some may never be constructed or acquired. YOU MAY OBTAIN A COPY OF THE RESOLUTION OF FORMATION WHICH AUTHORIZED CREATION OF THE COMMUNITY FACILITIES DISTRICT, AND WHICH SPECIFIES MORE PRECISELY HOW THE SPECIAL TAX IS APPORTIONED AND HOW THE PROCEEDS OF THE TAX WILL BE USED, FROM THE ASSISTANT SUPERINTENDENT OF BUSINESS SERVICES OF THE CARLSBAD UNIFIED SCHOOL DISTRICT BY CALLING (619) 729-9291. THERE MAY BE A CHARGE FOR THIS DOCUMENT NOT TO EXCEED THE REASONABLE COST OF PROVIDING THE DOCUMENT. BY SIGNING BELOW, I (WE) ACKNOWLEDGE THAT I (WE) HAVE READ THIS NOTICE AND RECEIVED A COPY OF THIS NOTICE PRIOR TO ENTERING INTO A CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITH RESPECT TO THE ABOVE-REFERENCED PROPERTY. I (WE) UNDERSTAND THAT I (WE) MAY TERMINATE THE CONTRACT TO PURCHASE OR DEPOSIT RECEIPT WITHIN THREE DAYS AFTER RECEIVING THIS NOTICE IN PERSON OR WITHIN FIVE DAYS AFTER IT WAS DEPOSITED IN THE MAIL BY GIVING WRITTEN NOTICE OF THAT TERMINATION TO THE OWNER, SUBDIVIDED OR AGENT SELLING THE PROPERTY. Date: , 199 Date: , 199 -2- 025606401 6/5/97