HomeMy WebLinkAboutPUD 94-03A; Poinsettia Shores PA A-1; Planned Unit Development - Non-Residential (PUD) (6)Recording Requested By
and
When Recorded Return To:
HECHT, SOLBERG, ROBINSON & GOLDBERG LLP
Mr. John Hecht
600 West Broadway, Eighth Floor
San Diego, California 92101
DECLARATION OF RESTRICTIONS
FOR
SANTANDER AND SAN SEBASTIAN
AT SAN PACIFICO
PLANNED DEVELOPMENT
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TABLE OF CONTENTS
PAGE
RECITALS 1
ARTICLE I DEFINITIONS 2
Section 1.1 Annexable Property 2
Section 1.2 Articles 2
Section 1.3 Association 2
Section 1.4 Board 2
Section 1.5 Bylaws 2
Section 1.6 City 2
Section 1.7 Common Area 2
Section 1.8 Common Maintenance Area 3
Section 1.9 Declarant 3
Section 1.10 Declaration 3
Section 1.11 Final Maps 3
Section 1.12 Lot 3
Section 1.13 Master Association 3
Section 1.14 Master Declaration 3
Section 1.15 Member 3
Section 1.16 Mortgage 3
Section 1.17 Mortgagee 3
Section 1.18 Owner 3
Section 1.19 Phase 3
Section 1.20 Project -. 4
Section 1.21 Retail Purchaser 4
Section 1.22 Site Development Plan 4
ARTICLE II PROPERTY RIGHTS IN COMMON AREA 4
Section 2.1 Owners' Easements of Use 4
Section 2.2 City Easement 5
Section 2.3 Delegation of Use 5
Section 2.4 Conveyance of Common Area 5
ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION 6
Section 3.1 Membership 6
Section 3.2 Voting Rights 6
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION .. 6
Section 4.1 Creation of Lien and Personal Obligation for Assessments 6
Section 4.2 Purpose of Assessments 7
Section 4.3 Limitation on Regular and Special Assessments 7
Section 4.4 Individual Special Assessments 8
Section 4.5 Uniform Rate of Assessment 8
Section 4.6 Date of Commencement of Regular Assessments; Due Dates 8
Section 4.7 Model Homes . 8
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Section 4.8 Uncompleted Facilities 9
Section 4.9 Effect of Non-Payment of Assessments; Remedies of Association . . 9
Section 4.10 Subordination of the Lien to First Mortgages 10
Section 4.11 Estoppel Certificate 10
Section 4.12 Personal Liability of Owner 10
Section 4.1 3 Exempt Property 10
Section 4.14 Assessments Levied By City 11
ARTICLE V GOVERNMENTAL REGULATIONS 11
Section 5.1 Project Is Subject to Regulations 11
Section 5.2 City Not Responsible to Enforce 11
ARTICLE VI ARCHITECTURAL CONTROL 11
Section 6.1 Architectural Committee 11
Section 6.2 Committee Approval 12
Section 6.3 Other Approvals 12
Section 6.4 Approved Conditions 12
Section 6.5 Notification 12
Section 6.6 Waiver 13
Section 6.7 No Liability 13
Section 6.8 Design Criteria 13
Section 6.9 Variances 13
Section 6.10 Committee Guidelines 14
Section 6.11 Declarant Exemption 14
ARTICLE VII USE RESTRICTIONS 14
Section 7.1 In General 14
Section 7.2 Use Restrictions in the Master Declaration 14
Section 7.3 Single Family Residence 14
Section 7.4 Business or Commercial Activity 14
Section 7.5 Nuisances 14
Section 7.6 Signs 14
Section 7.7 Parking and Vehicular Restrictions 14
Section 7.8 Animal Restrictions 14
Section 7.9 Trash 14
Section 7.10 Temporary Buildings 15
Section 7.11 Outside Installations 15
Section 7.12 Antennae 15
Section 7.13 Drilling 15
Section 7.14 Drainage 15
Section 7.15 Water Supply Systems 15
Section 7.16 Inside Installations 15
Section 7.17 Views 15
Section 7.18 Rights of Disabled 15
Section 7.19 No Hazardous Activities 15
Section 7.20 Unsightly Articles ...... 15 \
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Section 7.21 No Temporary Structures 15
Section 7.22 Grading .• 15
Section 7.23 Owners Responsible for Damage 16
Section 7.24 Construction and Sales Activities 16
Section 7.25 Owners May Not Change Common Area 16
Section 7.26 Burning 16
Section 7.27 No Private Maintenance or Development of Common Area or
Common Maintenance Area 16
Section 7.28 Guest Parking Only on Street 16
Section 7.29 Certain Provisions of City Resolutions 16
Section 7.30 Post-Tensioned Slabs 17
ARTICLE VIII INSURANCE AND CONDEMNATION 17
Section 8.1 Insurance 17
Section 8.2 Condemnation 18
ARTICLE IX MAINTENANCE RESPONSIBILITIES 18
Section 9.1 Parties Responsible for Maintenance of Common Area 18
Section 9.2 Association Maintenance 19
Section 9.3 Owner Maintenance 19
Section 9.4 Association's Right to Repair Neglected Lots 20
Section 9.5 Maintenance by City 20
ARTICLE X ANNEXATION 20
Section 10.1 By Association ,--.-• 20
Section 10.2 By Declarant 20
ARTICLE XI RIGHTS OF LENDERS 21
Section 11.1 Payments of Taxes or Premiums by First Mortgagees 21
Section 11.2 Priority of Lien of Mortgage 21
Section 11.3 Curing Defaults 21
Section 11.4 Approval of First Mortgagees 21
Section 11.5 Restoration of Common Area 22
Section 11.6 Professional Management 22
Section 11.7 Notice to Mortgagees 22
Section 11.8 Documents to be Available 23
Section 11.9 Conflicts 23
ARTICLE XII GENERAL PROVISIONS 23
Section 12.1 Enforcement 23
Section 12.2 Severability 24
Section 12.3 Amendments 24
Section 12.4 Extension of Declaration 24
Section 12.5 Encroachment Easements 25
Section 12.6 Special Responsibilities of Association 26
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Section 12.7 Litigation 26
Section 12.8 Documents to be Provided to Prospective Purchaser . . . .• 26
Section 12.9 Limitation of Restrictions on Declarant 27
Section 1 2.10 Easement to Inspect and Test 27
SUBORDINATION AGREEMENT(S)
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DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS ("Declaration") is made as of
19 , by POINSETTIA HOMEBUILDING PARTNERS, L.P., a California Limited Partnership
(hereinafter referred to as "Declarant"), with reference to the following
RECITALS:
A. Declarant is the owner of the real property located in the City of Carlsbad,
County of San Diego, California, described as:
Lots 21 through 27, 29 through 36 and 40 of CARLSBAD TRACT
94-04 POINSETTIA SHORES AREA A-1, according to Map
thereof No. , filed with the County Recorder of San Diego
County, California on , 1997; and
Lots 6 through 1 2, 30 through 34 and 52 of CARLSBAD TRACT
94-05 POINSETTIA SHORES AREA A-2, according to Map
thereof No. , filed with the County Recorder of San Diego
County, California on , 1997
which real property is referred to herein as "Phase 1".
B. Phase 1 is the first Phase of real property owned by Declarant and described on
Exhibit "A" attached hereto. Declarant may from time to time annex to this Declaration and
to the jurisdiction of SAN PACIFICO AREA A ASSOCIATION, a California nonprofit mutual
benefit corporation (the "Association") some or all of the additional real property described on
Exhibit "A" (the "Annexable Property") as additional Phases. This Declaration initially
encumbers only Phase 1. Reference in this Declaration to the "Project" refers to Phase 1
described above and such additional Phases as become annexed to this Declaration.
C. Declarant plans to develop the Project as a Common Interest Development
described in §1351(k) of the California CIVIL CODE as a "Planned Development" consisting of
single-family detached homes, together with common areas as described in this Declaration.
There is no guarantee that all Phases will be developed or annexed to this Declaration or
developed or annexed in any particular order. Some Phases may be developed concurrently.
Declarant reserves the right during the development of the Project to change the phasing and
the design, size, type and price of the homes to be built in the Project and the construction and
phasing of the development of the Project.
D. The owners of residential lots will be members of the Association. The Associ-
ation shall also own and maintain certain real property ("Common Area") and shall maintain
the Common Maintenance Area, if any. It is not currently expected there will be any Common
Maintenance Area. If there were Common Maintenance Area it would include portions of Lots
or areas outside the Project over which maintenance easements are.conveyed to the -
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Association or which the Association is otherwise obligated to maintain. It is currently
expected that the Common Area will consist of private street and open space lots. No
recreational facilities are currently planned for the Common Area.
E. In addition to being subject to this Declaration, it is intended that the Project will
be subject to a Master Declaration of Covenants, Conditions, Restrictions And Reservation of
Easements For San Pacifico ("Master Declaration") and in addition to being members of the
Association, Owners will be members of the San Pacifico Master Association ("Master
Association").
F. Before selling any of the residential lots, Declarant wishes to impose the
following plan of covenants and restrictions on Phase 1 and on each additional Phase which
becomes annexed to this Declaration.
NOW, THEREFORE, Declarant hereby certifies and declares and does hereby establish
the following general plan for the protection and benefit of Phase 1 and each additional Phase
which is annexed hereto and has fixed and does hereby fix the following protective covenants
and restrictions upon each and every ownership interest in Phase 1 and each additional Phase
which is annexed hereto under which covenants and restrictions each ownership interest shall
be held, used, occupied, leased, sold, encumbered, conveyed and/or transferred. Each and all
of the covenants and restrictions are for the purpose of protecting the value and desirability
of and shall inure to the benefit of and shall run with and be binding upon and pass with each
Lot and Common Area within the Project and each and every ownership interest therein and
shall inure to the benefit of, apply to and bind the respective successors in title or interest of
Declarant. The covenants and restrictions herein set forth are enforceable equitable servitudes
as described in California CIVIL CODE Section 1 354.
ARTICLE I
DEFINITIONS
Section 1.1. "Annexable Property" — The real property described on Exhibit "A"
attached hereto (Exhibit "A" may also include Phase 1).
Section 1.2. "Articles" —The Articles of Incorporation of the Association.
Section 1.3. "Association" —SAN PACIFICO AREA A ASSOCIATION, a California
Nonprofit Mutual Benefit Corporation.
Section 1.4. "Board" — The Board of Directors of the Association.
Section 1.5. "Bylaws" — The Bylaws of the Association.
Section 1.6. "City" — The City of Carlsbad, California, a municipal corporation.
Section 1.7. "Common Area" — All real property owned in fee by the Association.
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Section 1.8. "Common Maintenance Area" — Those portions of Lots or areas outside
the Project over which maintenance easements are conveyed to the Association or which the
Association is otherwise obligated to maintain. It is not currently expected that there will be
any Common Maintenance Area.
Section 1.9. "Declarant" - POINSETTIA HOMEBUILDING PARTNERS, L.P., a
California Limited Partnership, its successors and assigns, if such successor or assign should
acquire more than five (5) Lots for the purpose of development, and the rights of "Declarant"
are assigned to them. The rights of Declarant shall be deemed assigned to any lender of
Declarant whose loan is secured by a Mortgage which encumbers any portion of the Project.
Section 1.10. "Declaration" — This Declaration of Restrictions.
Section 1.11. "Final Maps" — The final subdivision maps of CARLSBAD TRACT 94-04
POINSETTIA SHORES AREA A-1, CARLSBAD TRACT 94-05 POINSETTIA SHORES AREA A-2,
CARLSBAD TRACT 94-06 POINSETTIA SHORES AREA A-3 and CARLSBAD TRACT 94-07
POINSETTIA SHORES AREA A-4.
Section 1.12. "Lot" — Any plot of land shown as a separate lot or parcel upon any
recorded Final Map or Parcel Map of any portion of the Project, with the exception of the
Common Area. In the event the boundaries of any Lot are adjusted in compliance with the
California Subdivision Map Act, then "Lot" shall refer to the Lot as so adjusted.
Section 1.13. "Master Association" - The SAN PACIFICO MASTER ASSOCIATION,
a California Nonprofit Mutual Benefit Corporation.
Section 1.14. "Master Declaration" — The Master Declaration of Covenants,
Conditions, Restrictions And Reservation of Easements For San Pacifico filed for record on
, 1 997, Official Records of San Diego County, California, as the same may
be amended from time to time.
Section 1.15. "Member" — An Owner who is entitled to membership in the Associ-
ation as provided in the Declaration.
Section 1.16. "Mortgage" — A Deed of Trust as well as a mortgage encumbering a
Lot.
Section 1.17. "Mortgagee" — The beneficiary of a Deed of Trust as well as the
mortgagee of a Mortgage.
Section 1.18. "Owner" — The record owners, whether one or more persons or
entities, of fee simple title to any Lot, including contract sellers, but excluding those having
such interests merely as security for the performance of an obligation.
Section 1.19. "Phase" — A Declaration of Annexation may describe one or more
separate Phases by setting forth which Lots and Common Area (if any) are within such
Phase(s). Unless a Declaration of Annexation defines a Phase differently, a Phase shall consist
of those Lots (and Common Area) within the Project which are covered by a separate Final ,
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Subdivision Public Report or which are described in a Final Subdivision Public Report as
constituting a separate Phase. "Final Subdivision Public Report" refers to such report issued
by the California Department of Real Estate as the report may be amended from time to time.
One or more Phases may be annexed by the same Declaration of Annexation..
Section 1.20. "Project" — Phase 1 and each additional Phase which is annexed to this
Declaration.
Section 1.21. "Retail Purchaser" — A person who purchases a Lot under authority of
a Final Subdivision Public Report issued by the California Department of Real Estate. Neither
Declarant nor any successive Declarant are Retail Purchasers.
Section 1.22. "Site Development Plan" — The Site Development Plan or Plans
approved by the City for the Project.
ARTICLE II
PROPERTY RIGHTS IN COMMON AREA
Section 2.1. Owners' Easement of Use. The Common Area is intended to consist of
private streets and open space only (generally consisting of slopes) and no recreational areas
are currently planned. Should Common Area include recreational areas or should pedestrian
access be made available within the open space areas, then every Owner shall have a right and
easement of ingress, egress and of enjoyment in and to such Common Area which easement
shall be appurtenant to and shall pass with the title to the Owner's Lot. Such right and
easement shall be subject to the following provisions:
(a) The right of the Association to suspend the voting rights and right to
use of the Common Area by an Owner for any period during which any Association
assessment against his Lot remains unpaid; and for a period not to exceed thirty (30)
days for any infraction of the published rules and regulations of the Association. No
suspension shall be effective unless the Owner has been given fifteen (15) days' prior
notice of the suspension and the reasons therefor and the Owner has been given an
opportunity to be heard by the Board, orally or in writing, not less than five (5) days
prior to the effective date of the suspension. Notice may be given to the Owner by any
method reasonably calculated to provide actual notice, but if given by mail must be
given by first-class or registered mail sent to the last address of the Owner shown on
the records of the Association.
(b) The right of the Association to dedicate or transfer all or any part of the
Common Area to any public agency, authority or utility for such purposes and subject
to such conditions as may be agreed to by the Board.
(c) The right of the Association, in accordance with the Articles and
Bylaws, to borrow money for the purpose of improving the Common Area and, with the
assent of two-thirds (2/3) of each class of Members, hypothecate any or all real or
personal property owned by the Association.
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(d) The right of access, ingress and egress over the Common Area and the
right of installation and use of utilities on the Common Area for the benefit of Lots.
(e) The right of the Association to grant maintenance, access and utility
easements over the Common Area to others and to convey portions of the Common
Area to others. No dedication or transfer of all or substantially all of the assets of the
Association shall be effective unless approved by the Members in accordance with the
California CORPORATIONS CODE.
(f) The right of the Association to adopt rules and regulations relating to
the use of the Common Area and the governance of the Project.
(g) The right of the Association to grant exclusive use easements to
Owners over, under, upon and across portions of the Common Area and/or adjust
boundaries between the Common Area and one or more of the Lots. However, the
areas to be so adjusted or made subject to use easements shall in the Board's opinion
not be materially adverse to another Owner.
(h) Subject to a concomitant obligation to restore, Declarant and its sales
agents, employees and independent contractors shall have:
(i) A non-exclusive easement over the Common Area for the purpose
of making repairs to the Common Area or the residences on the Lots it owns,
provided access is not otherwise reasonably available, and for the purpose of
constructing, marketing and maintaining Phase 1 and the Annexable Property,
including the construction of residences and related improvements; and
(ii) The other rights and easements (including those of Declarant) set
forth in this Declaration.
Section 2.2. City Easement. The City shall have an easement over the Common
Area and any Common Maintenance Area for maintenance purposes which may be exercised
upon the failure of the Association to maintain the Common Area or any Common Maintenance
Area in accordance with the conditions of approval of the Final Maps, pursuant to Section 9.6
of this Declaration.
Section 2.3. Delegation of Use. Any Owner may delegate, in accordance with the
Bylaws, his rights of enjoyment to the Common Area and facilities to the members of his
family, his tenants or contract purchasers who reside on the Owner's Lot.
Section 2.4. Conveyance of Common Area. Conveyance of the Common Area to
the Association shall be made subject to all covenants, conditions, restrictions, reservations,
dedications, easements and other items of the record.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION
Section 3.1. Membership. Every Owner of a Lot which is subject to assessment by
the Association shall be a Member of the Association. Membership is appurtenant to and may
not be separated from ownership of a Lot.
Section 3.2. Voting Rights. The Association shall have two (2) classes of voting
membership:
Class A. Class A Members shall be all Owners, with the exception of Declarant,
and shall be entitled to one (1) vote for each Lot owned. When more than one (1)
person holds an interest in any Lot, all such persons shall be Members. The vote for the
Lot shall be exercised as the Owners among themselves determine, but in no event
shall more than one (1) vote be cast with respect to any Lot.
Class B. Class B Member(s) shall be Declarant and shall be entitled to three (3)
votes for each Lot owned. The Class B membership shall cease and be converted to
Class A membership on the happening of the earlier of the following to occur:
(i) two (2) years following the first conveyance of a Lot pursuant to
the most recently issued original Final Subdivision Public Report for a Phase; or
(ii) four (4) years following the date of the first conveyance of a Lot
pursuant to the original Final Subdivision Public Report for Phase 1.
Voting rights shall not commence with respect to a Lot until the Association's regular
assessments have commenced against the Lot.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS TO ASSOCIATION
Section 4.1. Creation of Lien and Personal Obligation for Assessments. Declarant,
for each Lot owned, covenants, and each Owner of a Lot by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the
Association: (a) regular assessments or charges which shall include an adequate reserve fund
for the periodic maintenance, repair and replacement of the Common Area and Common
Maintenance Area; and (b) special assessments. The regular and special assessments, together
with interest, late charges, costs and reasonable attorney's fees, shall (except as otherwise
provided in Section 4.4 below) be a charge on the land and shall be a continuing lien upon the
Lot against which each such assessment is made. The lien shall be effective upon recordation
of a notice of delinquent assessment. Each assessment, together with interest, late charges,
costs and reasonable attorney's fees, shall also be the personal obligation of the person who
was the Owner of the Lot at the time the assessment is due.
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Section 4.2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents
of the Project, for the improvement and maintenance of the Common Area and Common
Maintenance Area, and to reimburse the Association for the costs incurred in bringing an
Owner into compliance with the Articles, Bylaws, Declaration and rules and regulations
adopted by the Board. The regular assessment is the assessment determined annually by the
Board to meet the expenses of the Association, including the establishment of reserve
accounts, for the next fiscal year based upon the annual budget adopted by the Board pursuant
to the Bylaws. A special assessment is an assessment the Board, in its discretion, determines
necessary if the Association's available funds are or will become inadequate to meet the
estimated expenses of the Association for the fiscal year. The Board may levy the entire
special assessment immediately or levy it in installments over a period the Board determines
appropriate. In addition, a special assessment against a particular Owner only may be levied
by the Board as set forth in Section 4.4 of the Declaration. The Board shall provide notice by
first-class mail to each Owner of any increase in the regular assessment or of any special
assessment not fewer than thirty (30) days nor more than sixty (60) days prior to the
increased assessment or special assessment becoming due.
Section 4.3. Limitation on Regular and Special Assessments. The Board shall levy
regular and special assessments sufficient to perform the obligations of the Association as
provided in the Declaration and Bylaws; provided, however, except for assessment increases
necessary for emergency situations:
(a) the Board may not increase the regular assessments for any fiscal year
unless the Board has complied with the provisions of California CIVIL CODE §1365.5
(preparation and distribution of the budget), and
(b) the Board may not impose a regular assessment that is more than
twenty percent (20%) greater than the regular assessment for the Association's
preceding fiscal year nor special assessments which in the aggregate exceed five
percent (5%) of the budgeted gross expense of the Association for the fiscal year,
without the approval of Owners casting a majority of the votes at a meeting or election of the
Association conducted in accordance with Chapter 5 (commencing with §7510) of Part 3 of
Division 2 of Title 1 of the California CORPORATIONS CODE and §7613 of the California
CORPORATIONS CODE at which a quorum was present or participated. For purposes of this
Section 4.3, "quorum" means more than fifty percent (50%) of the Owners. An emergency
situation is any one of the following:
(1) An extraordinary expense required by an order of a court.
(2) An extraordinary expense necessary to repair or maintain the Project
or any part of the Project for which the Association is responsible where a threat to
personal safety in the Project is discovered.
(3) An extraordinary expense necessary to repair or maintain the Project
or any part of the Project for which the Association is responsible that could not have
been reasonably foreseen by the Board in preparing and distributing the pro forma
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operating budget under CIVIL CODE §1365. However, prior to the imposition or collec-
tion of an assessment under this Subsection, 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 assessment.
The term "regular assessment for the Association's preceding fiscal year" as used in this
Section 4.3 is deemed to be the regular assessment which would have existed in the absence
of any subsidy of assessments agreed to be paid by Declarant. Anything in this Section 4.3
to the contrary notwithstanding, the limitation on regular and special assessments shall comply
with the laws of the State of California at the time the regular or special assessment is levied
by the Association.
Section 4.4. Individual Special Assessments. The Association may also impose a
special assessment against a Member to reimburse the Association for costs incurred in
bringing a Member or the Member's Lot into compliance with the provisions of the Declaration,
the Articles, the Bylaws and the Association rules and regulations, which assessment may be
imposed upon the vote of the Board after notice and an opportunity for a hearing which satisfy
the requirements of §7341 of the California CORPORATIONS CODE; provided, however, that
except to the extent the special assessment is to reimburse the Association for the cost of
collecting assessments, a special assessment levied pursuant to this Section 4.4 shall not
constitute a lien on the Member's Lot.
Section 4.5. Uniform Rate of Assessment. Both regular and special assessments
(other than a special assessment levied against an Owner to bring the Owner or the Owner's
Lot into compliance with the Declaration, Articles, Bylaws or rules and regulations of the
Board) shall be fixed at a uniform rate for all Lots and may be collected on a quarterly, monthly
or other periodic basis as determined by the Board. However, this Section does not apply to
Model Homes which are subject to the Section below entitled "Model Homes".
Section 4.6. Date of Commencement of Regular Assessments: Due Dates. Regular
assessments shall commence as to all Lots in Phase 1 on the first day of the month following
the first conveyance of a Lot in Phase 1 to an Owner other than Declarant. The regular assess-
ments shall commence as to all Lots in a subsequent Phase on the first day of the month
following the first conveyance of a Lot to an Owner other than Declarant in that Phase. The
Board shall fix the amount of the regular assessment against each Lot at least thirty (30) days
in advance of each regular assessment period. Written notice of the regular assessment shall
be sent to every Owner. The due dates for payment of assessments shall be established by
the Board.
Section 4.7. Model Homes. Conveyance of a Lot which is being used by Declarant
for model home, sales office, design center, construction office or similar purposes (any of
which uses are referred to in this Section as "Model Home") shall not commence the regular
assessments against such Lots or other Lots within the Phase until:
(a) discontinuance of use of such Lot as a Model Home; or
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(b) conveyance of any non-Model Home Lot in the Phase,
whichever first occurs. During the period of time commencing on the first day of the month
after conveyance of a Lot being used by Declarant as a Model Home and ending on the date
regular assessments commence against such Lot, Declarant shall be solely responsible to main-
tain all portions of the Phase in which a Lot is being used as Model Home. The Board shall
have the right to inspect the areas being maintained by Declarant pursuant to this Section to
determine that such maintenance meets reasonable standards.
Section 4.8. Uncompleted Facilities. The Board may exclude from assessments that
portion which is for the purpose of defraying expenses and reserves directly attributable to the
existence of a Common Area or Common Maintenance Area improvement that is not complete
at the time the assessments commence. Any such exemption from assessments attributable
to an Association maintained facility shall be in effect only until the earliest of the following
events:
(a) The improvement has been completed as evidenced by the recordation
of a Notice of Completion; or
(b) The improvement has been installed and placed into use.
Section 4.9. Effect of IMon-Payment of Assessments: Remedies of Association. Any
assessment made in accordance with the Declaration shall be a debt of the Owner of a Lot at
the time the assessment is due. Any assessment not paid within thirty (30) days after the due
date shall bear interest from thirty (30) days following the due date at the rate of twelve
percent (12%) per annum. The Association may bring an action at law against the Owner
personally obligated to pay the assessment and, in addition thereto or in lieu thereof, may
foreclose the lien against the Lot.
Before the Association may place a lien upon a Lot to collect a debt which is
past due, the Association shall notify the Owner in writing by certified mail of the fee and
penalty procedures of the Association, provide an itemized statement of the charges owed by
the Owner, including items on the statement which indicate the principal owed, any late
charges and the method of calculation, any attorney's fees and the collection practices used
by the Association, including the right of the Association to the reasonable costs of collection.
Any payments toward such a debt shall be first applied to the principal owed, and only after
the principal owed is paid in full shall such payments be applied to interest or collection
expenses.
Any assessment not paid within fifteen (15) days after the due date shall be
delinquent. Except as otherwise provided in Section 4.4 above, the amount of any delinquent
assessment plus costs of collection, late charges, penalties, interest and attorney's fees, shall
be and become a lien upon the Lot when the Association causes to be recorded with the
County Recorder of San Diego County, California, a Notice of Delinquent Assessment. The
Notice of Delinquent Assessment shall state the amount of the delinquent assessment and the
other charges as may be authorized by the Declaration, a description of the Lot against which
the assessment has been made, the name of the record owner of the Lot and, in order for the
lien to be foreclosed by non-judicial foreclosure, the name and address of. the trustee-
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authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment
shall be signed by the person designated by the Association for that purpose or, if no one is
designated, by the President of the Association, and mailed in the manner set forth in CIVIL
CODE §2924b to all record owners of the Owner's interest in the Project no later than ten (10)
calendar days after recordation of the Notice of Delinquent Assessment. Upon payment of the
delinquent assessment and charges in connection with which the Notice of Delinquent
Assessment has been recorded, or other satisfaction thereof, the Association shall cause to
be recorded a further notice stating the satisfaction and the release of the assessment lien.
The assessment lien may be enforced by sale by the Association after failure of
the Owner to pay the assessment and expiration of thirty (30) days following the recording of
a lien created pursuant to this Section. The sale shall be conducted in accordance with the
provisions of §2924, §2924b and §2924c of the California CIVIL CODE applicable to the
exercise of powers of sale in mortgages or in any other manner permitted by law. The Associa-
tion shall have the power to purchase the Lot at the foreclosure sale and to hold, lease,
mortgage and convey the Lot. Suit to recover a money judgment for unpaid assessments, rent
and attorney's fees shall be maintainable without foreclosing or waiving the lien securing the
assessment.
Section 4.10. Subordination of the Lien to First Mortgages. The assessment lien shall
be subordinate to the lien of any first Mortgage, and the sale or transfer of any Lot pursuant
to judicial or non-judicial foreclosure of a first Mortgage shall extinguish the lien of the
assessment as to payments which became due prior to the sale or transfer. No sale or transfer
shall relieve the Lot from lien rights for any assessments thereafter becoming due. When the
Mortgagee of a first Mortgage or other purchaser of a Lot obtains title to the Lot as a result
of foreclosure, the acquirer of title, his successors and assigns, shall not be liable for the share
of the common expenses or assessments by the Association chargeable to the Lot which was
due prior to the acquisition of title to the Lot by such acquirer, except for a share of the
charges or assessments resulting from a re-allocation of the charges or assessments which are
made against all Lots.
Section 4.11. Estoppel Certificate. The Association shall furnish or cause an appro-
priate officer to furnish, upon demand by any person, a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. A
properly executed certificate of the Association as to the status of assessments on a Lot is
binding upon the Association as of the date of its issuance.
Section 4.12. Personal Liability of Owner. No Member may exempt himself or herself
from personal liability for assessments levied by the Association, nor release the Lot owned
by the Owner from the liens and charges for assessments by waiver of the use and enjoyment
of the Common Area or by abandonment of the Owner's Lot.
Section 4.13. Exempt Property. All properties dedicated to and accepted by a local
public authority, and all properties owned by a charitable nonprofit organization exempt from
taxation by the laws of the State of California, shall be exempt from assessment by the
Association. However, no land or improvements devoted to dwelling use shall be exempt from
assessments by the Association.
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Section 4.14. Assessments Levied Bv Citv. In the event the City performs main-
tenance of the Common Area as provided in Section 9.6, the City shall be entitled to
reimbursement from the Owners for the actual costs incurred by the City in performing such
maintenance. After performing such maintenance, the City shall provide written notice to the
Owners, with a copy to the Association, setting forth the total amount due from each Owner
with respect to such maintenance. The amount to be reimbursed to the City shall be allocated
among the Owners at a uniform rate for all Lots. The City shall be entitled to collect, and each
Owner shall pay to the City, all or any portion of the regular assessments otherwise payable
by such Owner to the Association, until such time as the City has been paid the amount due
from such Owner in full. Each Owner shall be entitled to an offset from the regular
assessments otherwise payable to the Association in an amount equal to the amounts paid to
the City pursuant to this Section. If any Owner fails to pay such regular assessments to the
City, the City shall have the right to enforce the obligation of an Owner to pay such
assessments in the same manner as the Association with regard to regular assessments as
provided in Section 4.9 of this Declaration.
ARTICLE V
GOVERNMENTAL REGULATIONS
Section 5.1. Project Is Subject to Regulations. The Project and its use are subject
to the jurisdiction of the City, and the ordinances, regulations and permits issued by the City,
including the conditions to approval of the tentative tract maps for the Final Maps, the Site
Development Plans applicable to the Project and to coastal development permits issued by the
California Coastal Commission. Each Owner shall at all times comply with each governmental
ordinance, regulation or permit which is applicable to such Owner's Lot.
Section 5.2. City Not Responsible to Enforce. As stated in this Declaration, the City
has the rights to enforce certain provisions of this Declaration. However, it is expressly
understood that the City has no obligation to enforce the provisions of these covenants and
restrictions.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 6.1. Architectural Committee. No improvements or exterior changes to any
improvements shall be made to any Lot (including, but not limited to, construction, installation
or alteration of any building or landscaping) until the plans and specifications therefor showing
the nature, design, kind, shape, height, width, color, materials and location have been
submitted to and approved in writing by a committee of not less than three (3) nor more than
five (5) persons ("Committee") unless the Committee has categorically exempted the particular
improvements from its review. All members of the Committee may be appointed and replaced
by Declarant until one (1) year following issuance by the California Department of Real Estate
of the original Final Subdivision Public Report for Phase 1. Thereafter, a majority of the
members of the Committee may be appointed and replaced by Declarant and a minority of the
members of the Committee may be appointed or replaced by the Board until ninety-nine (99)
Lots (being ninety percent (90%) of the Lots planned for Phase 1 and the Annexable Property)
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have been conveyed of record to Retail Purchasers or until five (5) years following issuance
by the California Department of Real Estate of the original Final Subdivision Public Report for
Phase 1, whichever shall first occur. Thereafter, all members of the Committee may be
appointed or replaced by the Board. Committee members appointed by Declarant need not be
Members of the Association. Committee members appointed by the Board shall be Members
of the Association. Persons submitting proposals or plans and specifications to the Committee
(each person is referred to as the "Applicant") must obtain a dated, written receipt for such
plans and specifications and furnish the Committee with the address to which communications
from the Committee to the Applicant are to be directed.
Section 6.2. Committee Approval. The Committee shall approve proposals or plans
and specifications submitted for its approval only if it deems that the construction, alteration,
addition or other construction activity contemplated thereby in the locations indicated will not
be detrimental to the appearance of the Project and surrounding real property as a whole, and
that the appearance of any structure or other improvement will be in harmony with the
surrounding structures and improvements. However, the Committee shall have the right from
time to time to categorically exempt certain types of improvements from review by the
Committee. Improvements to back yards are hereby declared to be categorically exempt from
review by the Committee unless the Committee decides at a later date to extend its jurisdiction
to back yard improvements. The Committee will not have jurisdiction to require removal of
any improvements which were exempt from Committee approval when installed. However,
the Committee does have jurisdiction to approve or disapprove any changes to such
improvements or to require landscaping to be trimmed and/or thinned.
Section 6.3. Other Approvals. In addition to Committee approval, improvements to
a Lot may require a building permit or other approval from the City and/or the California
Coastal Commission.
Section 6.4. Approved Conditions. The Committee may condition its approval of
proposals or plans and specifications on such changes thereto as it deems appropriate, and
may require submission of additional plans and specifications or other information prior to
approving or disapproving material submitted. The Committee may adopt, amend or supple-
ment the architectural guidelines (i) concerning design and materials standards, rules and
guidelines for construction activities; (ii) setting forth procedures for the submission of plans
for approval; (iii) requiring a reasonable fee ("Review Fee") payable to the Committee for any
costs involved to accompany each application for approval; and (iv) specifying additional
factors which it will take into consideration in reviewing submissions. The Committee may
require such detail in plans and specifications submitted for its review as it deems proper,
including, without limitation, floor plans, site plans, drainage plans, elevation drawings and
description or samples of plantings, exterior materials and colors. Until receipt by the
Committee of all plans, specifications or other materials deemed necessary by the Committee,
the Committee may postpone review of any plans submitted for approval.
Section 6.5. Notification. Decisions of the Committee and the reasons for decisions
shall be transmitted by the Committee to the Applicant at the address set forth in the
application for approval within forty-five (45) days after receipt by the Committee of all
materials required by the Committee. Any application submitted pursuant to this Article VI
shall be deemed approved, unless the Committee's written disapproval or a request for>
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additional information or materials is transmitted to the Applicant within forty-five (45) days
after the date of receipt by the Committee of all required materials.
Section 6.6. Waiver. The approval of the Committee of any proposals or plans and
specifications or drawings for any work done or proposed or in connection with any other
matter requiring the approval and consent of the Committee shall not be deemed to constitute
a waiver of any right to withhold approval or consent as to any similar proposals, plans and
specifications, drawings or matters whatever subsequently or additionally submitted for
approval or consent.
Section 6.7. No Liability. Neither the Committee, nor any members of the
Committee, nor their duly authorized representatives, shall be liable to any Applicant or Lot
Owner for any loss, damage or injury arising out of or in any way connected with the perfor-
mance of the Committee's duties, unless due to the willful misconduct of the Committee.
Section 6.8. Design Criteria. The Committee shall review and approve or disapprove
all plans submitted to it for any proposed improvement, alteration, addition or other
construction activity on the basis of satisfaction of the Committee with the grading plan,
location of the improvements on the Lot, the finished ground elevation, the color scheme,
finish, design, proportions, architecture, shape, height, style, appropriateness of proposed
improvements, affect on adjoining Lots, the materials to be used, the kinds, pitch or type of
roof proposed, the planting, landscaping, size, height or location of vegetation on a Lot, and
on the basis of aesthetic considerations and the overall benefit or detriment to the Project and
surrounding real property generally which would result from such improvement, alteration,
addition or other construction activity. Although the Committee shall take into consideration
the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color,
schemes, exterior finishes and materials, and similar featur-es, it shall not be responsible for
reviewing, nor shall its approval of any plans or design be deemed approval of, any plan or
design from the standpoint of adequacy of drainage, structural safety, view impacts or
conformance with building or other codes. The Committee 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 six (6) months after the Committee's approval of such construction
activity. All construction activities shall be performed as promptly and as diligently as possible
and shall be completed within such reasonable period of time specified by the Committee.
Section 6.9. Variances. The Committee may authorize variances from compliance
with any of the architectural provisions of this Article VI, including, without limitation, restric-
tions on height, size, floor area or placement of structures, or similar restrictions, when
circumstances such as topography, natural obstructions, hardship, aesthetic or environmental
considerations may require. Such variances must be in writing, and must be signed and
acknowledged by at least a majority of the members of the Committee. The granting of a
variance shall not operate to waive any of the terms and provisions of this Article VI for any
purpose except as to the particular property and particular provision covered by the variance,
nor shall it affect in any way the Owner's obligation to comply with all laws and regulations
of any governmental authority affecting the use of his Lot, including, but not limited to, zoning
and building requirements of any governmental agency or entity having jurisdiction over the
LOt. - . ; • \ ,;
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Section 6.10. Committee Guidelines. The Committee shall adopt rules for the conduct
of its affairs and design guidelines for construction activities. The architectural guidelines of
the Committee may provide for the pre-approval of certain specified types or categories of
construction activities, provided that such pre-approved construction activities are
implemented by the affected Owner in conformance with the standards for design, materials
and other criteria established in the architectural guidelines for such pre-approved construction
activities. The Committee may from time to time adopt, supplement or amend architectural
guidelines to establish, expand, limit or otherwise modify the categories and criteria for any
pre-approved construction activities.
Section 6.11. Declarant Exemption. This Article VI shall not apply to, and the
Committee shall have no authority or responsibility to review or approve any, improvements
made by Declarant on any Lot or to the Common Area or Common Maintenance Area.
ARTICLE VII
USE RESTRICTIONS
Section 7.1. In General. Each Lot shall be held, used and enjoyed subject to the
following limitations and restrictions, but also subject to the exemptions of Declarant set forth
in this Declaration.
Section 7.2. Use Restrictions In The Master Declaration. In order to allow the
Association to enforce certain provisions of the Master Association, some of the provisions
of the Master Declaration are incorporated by reference in this Article. Such provisions are
denoted by "Same as Master Declaration Section " and include the Section of the Master
Declaration so denoted together with any applicable definitions set forth in the Master
Declaration and any other provisions which are referred to in any Section of the Master
Declaration so denoted. Amendment(s) of any such provision(s) in the Master Declaration will
also automatically amend such provisions as incorporated in this Declaration. However, should
this Declaration be amended to make any such provision more restrictive, then the wording
of this Declaration shall apply with respect to the Project.
Section 7.3. Single Family Residence. Same as Master Declaration Section 10.1
Section 7.4. Business or Commercial Activity. Same as Master Declaration Section
10.2.
Section 7.5. Nuisances. Same as Master Declaration Section 10.3.
Section 7.6. Signs. Same as Master Declaration Section 10.4.
Section 7.7. Parking and Vehicular Restrictions. Same as Master Declaration Section
10.5. .
Section 7.8. Animal Restrictions. Same as Master Declaration Section 10.6.
Section 7.9. Trash. Same as Master Declaration Section 10.7.
^ ' - * ' • ISan Pacifico Area A , ,
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f
'«
Section 7.10. Temporary Buildings. Same as Master Declaration Section 10.8.
Section 7.11. Outside Installations. Same as Master Declaration Section 10.10.
Section 7.12. Antennae. Same as Master Declaration Section 10.11.
Section 7.13. Drilling. Same as Master Declaration Section 10.12.
Section 7.14. Drainage. Same as Master Declaration Section 10.14.
Section 7.15. Water Supply Systems. Same as Master Declaration Section 10.15.
Section 7.16. Inside Installations. Same as Master Declaration Section 10.1 6.
Section 7.17. Views. Same as Master Declaration Section 10.17.
Section 7.18. Rights of Disabled. Same as Master Declaration Section 10.19.
Section 7.19. No Hazardous Activities. No activities shall be conducted on any
portion of the Project and no improvements shall be constructed on any Lot which are or might
be unsafe or hazardous to any person or property. Reasonable and customary construction
activities by Declarant or any Owner shall not be deemed to constitute hazardous activities.
Section 7.20. Unsightly Articles. No unsightly articles shall be permitted to remain
on any Lot so as to be visible from any other portion of the Project. Without limiting the
generality of the foregoing, all refuse, garbage and trash sha^l be kept from public view at all
times. Trash for pick up shall be placed in covered, sanitary containers of good condition and
such container shall be placed in public view no earlier than the evening before pick up and
shall be removed from public view on the day of pick up. No clotheslines shall be installed on
any Lot in such a manner as to be within public view. No clothing or household fabrics shall
be hung, dried or aired on any Lot, and no lumber, grass, shrub or tree clipping or plant waste,
metals, bulk materials or scrap or refuse or trash shall be kept, stored or allowed to accumulate
on any Lot, except within an enclosed structure or otherwise appropriately screened from
public view.
Section 7.21. No Temporary Structures. No tent, shack or other temporary building,
improvement or structure shall be placed upon any portion of the Project except with the
approval of the Committee. This Section shall not apply to temporary structures which are
reasonable and customary to facilitate construction activities on any Lot.
Section 7.22. Grading. No Lot shall be regraded by any Owner in any manner which
increases water runoff on any other Lot, and no such grading shall be permitted without
approval by the City of Carlsbad.
Section 7.23. Owners Responsible for Damage. Should any Owner or such Owner's
employees, agents or contractors cause any damage to sidewalks, curbs or other City property
or rights of way, such Owner shall immediately and fully repair such damage at the Owner's
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expense. In the event such damage is repaired by the City or Declarant, the Owner shall
immediately reimburse such party for the full costs of repair.
Section 7.24. Construction and Sales Activities. The development,- construction,
marketing and sales activities of each Declarant are exempt from the covenants, restrictions
and limitations set forth in this Article. None of the covenants, restrictions and limitations set
forth in this Article or elsewhere in this Declaration shall be applied to the development,
construction, marketing or sales activities of Declarant or construed in such a manner as to
prevent or limit development, construction, marketing or sales activities by Declarant.
Section 7.25. Owners May Not Change Common Area. No Owner shall have any
right whatsoever to make any change or improvement to the Common Area or Common
Maintenance Area and no Owner shall cause any damage to the Common Area or Common
Maintenance Area. Each Owner shall be liable to the Association and the other Owners for
any damage to any of the Common Area or Common Maintenance Area that may be sustained
by reason of the negligence of that Owner, that Owner's family members, contract purchasers,
tenants, guests, or invitees.
Section 7.26. Burning. There shall be no exterior fires whatsoever except barbecue
fires located only upon the Owner's Lot and contained within receptacles designed for such
purpose. Otherwise, burning is not permitted on Lots unless prior written approval is given by
the Association and such Owner acts in compliance with all local governmental fire safety and
permit regulations. No Owner shall permit any condition to exist on his or her Lot, including,
without limitation, trash piles or weeds, which creates a fire hazard or is in violation of local
fire regulations and fuel modification and brush management requirements.
Section 7.27. Mo Private Maintenance or Development of Common Area or Common
Maintenance Area. Unless the Board agrees otherwise, no Owner shall maintain the Common
Area or Common Maintenance Area. Unless the Board and the City agree otherwise, no
Owner shall make any improvement or in any manner develop the Common Area or Common
Maintenance Area.
Section 7.28. Guest Parking Only On Street. Pursuant to the requirements of the
City, guest parking only shall be allowed on both sides of the thirty-six foot wide streets within
the Project. Pursuant to Section 1 7.04.020 of the Carlsbad Municipal Code, one side of any
street or private drive in the Project which are less than thirty-six feet wide shall be kept clear
of parked vehicles at all times and shall have posted "No Parking/Fire Lane".
Section 7.29. Certain Provisions of Citv Resolutions. One or more of the City Planning
Commission Resolutions which approved the Final Maps (i.e. Resolution Numbers 3751,
3753, 3769 and 3771) include, among other matters, the following provisions:
(a) "Approval of this tentative map shall expire twenty-four (24) months
from the date of City Council approval unless a final map is recorded. An extension,
may be requested by the applicant. Said extension shall be approved or denied at the
discretion of the City Council. In approving an extension, the City Council may impose
new conditions and may revise existing conditions pursuant to Section 20.12.110(a)(2)
Carlsbad Municipal Code." • •, . ;
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7/8/97 ••': - -16- .'"''. ;'.;'•:: .
(b) "Prior to issuance of building permits, complete building plans shall be
submitted to and approved by the Fire Department".
(c) "This project is located within the West Batiquitos -Lagoon Local
Coastal Program. All development design shall comply with the requirements of that
plan". [Condition 27 of Resolution No. 3771].
Section 7.30. Post-Tensioned Slabs. The residences on some or all of the Lots may
have been constructed with post-tensioned concrete slabs ("System"). The System involves
placing steel cables under high tension in the concrete slab located beneath the residence.
Each Owner shall be responsible for determining whether the residence on his Lot has been
constructed with a System. 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 injury or damage to persons and property. No Owner shall cut into or otherwise disturb
the System upon which the residence on his Lot is constructed. The Owner of each Lot on
which the residence has been constructed with a System agrees that neither Declarant nor any
contractor of Declarant shall be responsible for any damage or injury resulting from or arising
in connection with the alteration or piercing by the Owner or any employee, agent, family
member, representative or other person of the slab or the foundation of the residence on the
Lot. Each Owner shall hold Declarant harmless from and indemnify Declarant against all claims,
demands, losses, costs (including attorney's fees), obligations and liabilities arising out of or
in connection with the failure of the Owner to comply with the provisions of this Section 7.21.
ARTICLE VIII
INSURANCE AND CONDEMNATION
Section 8.1. Insurance.
(a) The Association shall procure and keep in force general liability insur-
ance in the name of the Association insuring against any liability for personal injury or
property damage resulting from any occurrence in or about the Common Area or
Common Maintenance Area in an amount not less than $2 Million per occurrence.
(b) The Association shall procure and keep in insurance, in an amount not
less than $500,000 per occurrence, covering the individual liability of officers and
directors of the Association for negligent acts or omissions of those persons acting in
their capacity as officers and directors.
(c) The Association shall maintain a fidelity bond in an amount equal to the
amount of funds held by the Association during the term of the bond but not less than
one-fourth (1/4) of the regular assessments, plus reserves, naming the Association as
obligee and insuring against loss by reason of the acts of the Board, officers and
employees of the Association, and any management agent and its employees, whether
or not such persons are compensated for their services.
(d) Copies of all insurance policies (or certificates) showing the premiums
to have been paid shall be retained by the Association and open for inspection by
San Pacifico Area A '•'.•" , . .
7/8/97 '•'•; -17- .
Owners at any reasonable time(s). All insurance policies shall (i) 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, and (ii) contain a waiver of subrogation by the insurer(s)
against the Association, Board and Owners.
(e) Anything contained herein to the contrary notwithstanding, the
Association shall maintain such insurance coverage as may be required by the Federal
National Mortgage Association ("FNMA") or the Federal Home Loan Mortgage
Corporation ("FHLMC") so long as FNMA or FHLMC, respectively, holds a mortgage on
or owns any Lot.
(f) Section 1365.7 of the California CIVIL CODE provides for a partial
limitation on the liability of volunteer officers and directors of the Association, provided
that certain requirements, as set forth in the CODE section, are satisfied. The
requirements include that general liability insurance and officers' and directors' liability
insurance be carried by the Association in specified amounts. The Association shall
maintain general liability insurance and officers' and directors' liability insurance in
amounts which satisfy the requirements of the CODE to limit the liability of volunteer
officers and directors of the Association.
(g) In the event any insurance policy deductible amount relating to an
Owner's property loss is charged to the Association, the Owner shall reimburse the
Association upon written demand for the amount charged to the Association.
Section 8.2. Condemnation. In the event the Common Area or any portion thereof
shall be taken for public purposes by condemnation as a result of any action or proceeding in
eminent domain, or shall be transferred in lieu of condemnation to any authority entitled to
exercise the power of eminent domain, then the award or consideration for such taking or
transfer shall be paid to and belong to the Association.
ARTICLE IX
MAINTENANCE RESPONSIBILITIES
Section 9.1. Parties Responsible For Maintenance of Common Area. The following
parties shall be responsible to maintain the Common Area and Common Maintenance Area:
(a) Initially Declarant shall be solely responsible to maintain the Common
Area.
(b) Unless the deed of conveyance or a maintenance agreement between
Declarant and the Association states otherwise, the Association shall become obligated
to maintain the Common Area at such time as fee title to the Common Area is
conveyed to the Association.
(c) Unless a Notice of Declaration of Annexation or a maintenance
agreement between Declarant and the Association states otherwise, the Association
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shall be obligated to maintain all the Common Maintenance Area within a Phase upon
the first close of escrow for the sale of a Lot within the Phase to a Retail Purchaser.
Declarant and the Association may enter into one or more maintenance agreements in
form and content acceptable to the California Department of Real Estate whereby Common
Area or Common Maintenance Area maintenance or the costs of maintenance of the Common
Area is shared between Declarant and the Association for the term set forth in such
agreement(s). It is not intended that the Association will be obligated to share in any such
costs until conveyance of the first Lot within a Phase to a Retail Purchaser.
All concrete terrace drains which are located within the Common Area or Common
Maintenance Area shall be maintained by the Association. Any other concrete terrace drains
will be maintained by the Owner of the Lot where the drains are located.
Section 9.2. Association Maintenance. The Association shall maintain and provide
for the maintenance of all the Common Area and Common Maintenance Area, in good repair
and appearance as set forth in the Declaration and in accordance with the requirements of the
City. All open space and landscaped areas within the Common Area or Common Maintenance
Area shall be maintained in a healthy and thriving condition, free from weeds, trash and debris.
All private streets, sidewalks, street lights, sewer facilities, storm drain facilities and other
drainage facilities, and other common facilities within the Common Area or the Common
Maintenance Area shall be maintained in good condition at all times. Any damage caused to
a Lot by entry of the Association shall be repaired by the Association at its expense. The
Association shall not relinquish its obligation to maintain the Common Area or Common
Maintenance Area without the prior consent of the Planning Commission or City Council of the
City.
Section 9.3. Owner Maintenance. Each Owner shall keep and maintain in good repair
and appearance all portions of his or her Lot and improvements thereon (except for any portion
the maintenance of which is the responsibility of the Association or a public maintenance
assessment district). The improvements to be so maintained by each Owner include, but are
not limited to, all portions of the residence, garage, the garage opener, lights on the residence,
the landscaping and any fence or wall which is located on the Lot. Fences or walls installed
by Declarant between Lots or between Lots and Common Area or Common Maintenance Area
shall be deemed to establish the boundary line between such Lots or Lots and Common Area
or Common Maintenance Area.
Each Owner shall be obligated to maintain any fence or wail (including the
structure and both the interior and exterior surfaces) which separates the Owner's Lot from
Common Area or Common Maintenance Area, unless an easement for such maintenance is
conveyed to the Association (Declarant does not currently intend to that the Association shall
be responsible for the maintenance of fences or wails except for fences or walls, if any, which
are located within the Common Area). Each Owner shall be responsible to maintain the interior
surface of any fence or wall which separates the Owner's Lot from another Lot and both
adjoining Owners shall be responsible to share equally in the costs to repair or replace any
such fence or wall which separates their Lots. However, an Owner shall not be responsible
for the costs to repair or replace a fence which is damaged by the other Owner.
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Each Owner of a Lot shall water, weed, maintain and care for the landscaping
located on his or her Lot (other than any portion which is within the Common Maintenance
Area or a public maintenance assessment district) so that the same presents a neat and attrac-
tive appearance. No Owner shall interfere with or damage the Common Maintenance Area or
improve or alter the Common Maintenance Area or interfere with or impede Declarant, the
Association or a public maintenance assessment district in connection with the maintenance
of the Common Area or Common Maintenance Area.
Section 9.4. Association's Right to Repair Neglected Lots. In the event that any
Owner shall in the Board's opinion permit any property which is the responsibility of such
Owner to maintain to fall into a dangerous, unsafe, unsightly or unattractive condition as deter-
mined by the Board, then the Board shall have the right to demand that such condition be
remedied. Should the condition not be remedied within fifteen (1 5) days, the Board shall have
the right, but not the obligation, to correct the condition, and to enter upon the portion of the
Project which has fallen into such condition for the purpose of doing so. The Owner shall
promptly reimburse the Association for the cost of such corrective action, including, but not
limited to, the Association's court costs and reasonable attorney's fees should the Board
determine it is in its best interests to obtain a court order allowing such entrance by the
Board's representatives. No entry inside a residence may be made without the consent of the
Owner.
Section 9.5. Maintenance By City. If the Association fails to maintain all or any
portion of the Common Area or Common Maintenance Area in accordance with this Article,
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 that the same be carried out by the Association within a period of thirty (30) days
after the Association's receipt of such notice (or such longer time period as the City may
specify in such notice). If the Association fails to carry out such maintenance or repair within
the period specified above, the City shall be entitled to cause such work to be completed and
shall be entitled to reimbursement of the costs incurred in connection therewith from the
Owners, as provided in Section 4.14.
ARTICLE X
ANNEXATION
Section 10.1. By Association. Additional residential property. Common Area and
Common Maintenance Area may be annexed to the Project and to the Declaration upon the
vote or written assent of two-thirds (2/3) of the voting power of Members of the Association,
excluding the vote of Declarant. Upon approval by Members of the Association, the owner of
the property wishing it to be annexed may file of record a Declaration of Annexation which
shall extend the provisions of this Declaration to the property being annexed.
Section 10.2. By Declarant.
(a) Additional land within the Annexable Property may be annexed to the
Project as Lots, Common Area and Common Maintenance Area and to the jurisdiction
of the Association by the owner of the property without the consent of Members of the
''•'-•.-:-'- - .-' •}• ' • '......'< ... , \ ' ' ••
-'. -• „ ' -'•','' '• - • •' •'"*'.. - -.'• ' f- •''$ •.'• •'.San Pacifico Area A , . -- ' t
7/8/97 -20- '-.;•"•.
Association or the Board at any time within ten (10) years of the date that escrow
closes to convey a Lot to a Retail Purchaser in Phase 1 or any subsequent Phase which
is annexed hereto. Annexation shall be made by Declaration of Annexation executed
by the owner of the land being annexed. The Declaration of Annexation may be
revoked or amended at any time before the first close of sale of a Lot in the annexed
property and may contain additional or different restrictions applicable to the annexed
property. The obligation of Lot Owners to pay dues to the Association and the right of
such Lot Owners to exercise voting rights in the Association in such annexed property
shall not commence until the first day of the month following close of the first sale of
a Lot by Declarant in that particular Phase of development.
(b) Any Phase may be deannexed by Declarant signing and recording with
the County Recorder of San Diego County a Notice of Deannexation which describes
the land to be de-annexed provided that no Lot within the Phase has been conveyed
to an Owner (other than between Declarants or to a successive Declarant).
ARTICLE XI
RIGHTS OF LENDERS
Section 11.1. Payments of Taxes or Premiums by First Mortgagees. First Mortgagees
may, jointly or severally, pay taxes or other charges which are in default and which may or
have become a charge against the Common Area, unless the taxes or charges are separately
assessed against the Owners, in which case, the rights of first Mortgagees shall be governed
by the provisions of their Mortgages. First Mortgagees may, jointly or severally, also pay
overdue premiums on casualty insurance policies, or secure new casualty insurance coverage
on the lapse of a policy for the Common Area; first Mortgagees making such payments shall
be owed immediate reimbursement from the Association. Entitlement to reimbursement shall
be reflected in an agreement in favor of any first Mortgagee who requests the same to be
executed by the Association.
Section 11.2. Priority of Lien of Mortgage. No breach of the covenants, conditions or
restrictions in the Declaration shall affect, impair, defeat or render invalid the lien or charge of
any first Mortgage made in good faith and for value encumbering any Lot, but all of the
covenants, conditions and restrictions shall be binding upon and effective against any Owner
whose title to a Lot is derived through foreclosure or trustee's sale, or otherwise.
Section 11.3. Curing Defaults. A first Mortgagee who acquires title by judicial
foreclosure, deed in lieu of foreclosure or trustee's sale shall not be obligated to cure any
breach of the provisions of this Declaration which is non-curable or of a type which is not
practical or feasible to cure. The determination of the Board made in good faith as to whether
a breach is non-curable or not feasible to cure shall be final and binding on Mortgagees.
Section 11.4. Approval of First Mortgagees. Except as provided by statute in case of
condemnation or substantial loss to the Lots or Common Area, unless the Mortgagees of first
Mortgages encumbering sixty-seven percent (67%) or more of the Lots which are subject to
a Mortgage or Owners representing sixty-seven percent (67%) of the voting power of the
San Pacifico Area A ••'..,-•
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Association (excluding the vote of Declarant) have given their prior written approval, the
Association shall not:
(a) By act or omission, seek to abandon, partition, subdivide, encumber,
sell or transfer the Common Area. The granting of easements for public utilities or for
other public purposes shall not be deemed a transfer within the meaning of this
Subsection.
(b) Change the method of determining the obligations, assessments, dues
or other charges which may be levied against an Owner.
(c) By act or omission, change, waive or abandon any scheme of regula-
tions, or enforcement thereof, pertaining to the architectural design or exterior
appearance of residences, the exterior maintenance of residences, the maintenance of
Common Area walks or common fences and driveways, or the upkeep of lawns and
plantings in the Project.
(d) Fail to maintain fire and extended coverage insurance on the Common
Area on a current replacement cost basis in an amount not less than one hundred
percent (100%) of the insurable value, based on current replacement cost.
(e) Use hazard insurance proceeds for losses to any portion of the Common
Area for other than the repair, replacement or reconstruction of the Common Area.
Section 11.5. Restoration of Common Area. Any restoration or repair of the Common
Area after partial condemnation or damage due to an insurable event, shall be performed
substantially in accordance with the Declaration and original plans and specifications unless
other action is approved by holders of first Mortgages on Lots which have at least fifty-one
percent (51 %) of the votes of Lots subject to Mortgage holders.
Section 11.6. Professional Management. When professional management has been
previously required by a first Mortgage holder, a decision to establish self-management by the
Association shall require the consent of at least sixty-seven percent (67%) of the voting power
of Members of the Association and the approval of holders of first Mortgages on Lots the
Owners of which have at least fifty-one percent (51 %) of the votes of Lots encumbered by
Mortgages.
Section 11.7. Notice to Mortgagees. Upon written request to the Association
identifying the name and address of the holder and the Lot number or address, any first
Mortgage holder 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 any Lot on which there is a first Mortgage held by the
Mortgage holder.
(b) Any delinquency in the payment of assessments or charges owed by
an Owner subject to a first Mortgage held by the Mortgage holder which remains
Uncured for a period of sixty (60) days.
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(c) Any lapse, cancellation or material modification of any insurance policy
or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a specified
percentage of Mortgage holders.
Section 11.8. Documents to be Available. The Association shall make available to
Owners and Mortgagees, and holders, insurers or guarantors of any first Mortgage, current
copies of the Declaration, the Bylaws, other rules concerning the Project 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 circum-
stances. The holders of first Mortgages encumbering fifty-one percent (51 %) or more of the
Lots subject to a Mortgage shall be entitled to have an audited statement for the immediately
preceding fiscal year prepared at their expense if one is not otherwise available. Any financial
statement so requested shall be furnished within a reasonable time following the request.
In the event the fifty (50) or more Lots have been made subject to 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 statement must be made available within one hundred and twenty (120) days of
the Association's fiscal year-end.
In the event fewer than fifty (50) Lots have been made subject to this Declara-
tion, then a first Mortgagee shall be entitled to have an audited financial statement provided
the same is prepared at the Mortgagee's expense.
Section 11.9. Conflicts. In the event of any conflict between any of the provisions
of this Article and any of the other provisions of the Declaration, the provisions of this Article
shall control.
ARTICLE XII
GENERAL PROVISIONS
Section 12.1. Enforcement. The Association, Declarant and any Owner shall have the
right to enforce by any proceedings at law or in equity, all covenants, conditions, restrictions
and reservations imposed by the provisions of the Declaration and rules and regulations
adopted pursuant to this Declaration. Each Owner shall have a right of action against the
Association for any failure of the Association to comply with the provisions of the Declaration
or of the Bylaws or Articles. Failure by the Association, Declarant or any Owner to enforce any
covenant, condition, restriction or reservation in the Declaration shall not be deemed a waiver
of the right to do so thereafter. The City shall have the right, but not the obligation, to enforce
the provisions of the Declaration and for such purposes shall be deemed a party hereto. In the
event the City files a legal action to enforce the provisions of the Declaration and it is the
prevailing party in the litigation, it shall be entitled to recover costs of suit and attorney's fees
incurred in the litigation.
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Section 12.2. Severability. Should any provision in the Declaration be void or become
invalid or unenforceable in law or equity by judgment or court order, the remaining provisions
shall be and remain in full force and effect.
Section 12.3. Amendments. Except as may otherwise be stated in the Declaration,
during the period of time prior to 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 consent of sixty-seven percent (67%) of the voting power of each class
of Members of the Association, any which amendment shall become effective upon recording
with the Office of the County Recorder of San Diego County, California. After conversion of
the Class 8 membership in the Association to Class A membership, the Declaration may be
amended at any time and from time to time by the vote or written consent of (a) sixty-seven
percent (67%)of the total voting power of the Association, and (b) at least sixty-seven percent
(67%) of the voting power of Members of the Association other than Declarant. Anything
herein stated to the contrary notwithstanding, no material amendment may be made to this
Declaration without the prior written consent of Mortgagees of first Mortgages encumbering
fifty-one percent (51%) or more of the Lots within the Project which are subject to a
Mortgage. "Material amendment" shall mean, for purposes of this Section 12.3, any amend-
ments to provisions of this Declaration which would be likely to diminish the value of a Lot or
reduce or eliminate any lender's right set forth in this Declaration.
An amendment to the Declaration shall not be considered material if it is for the
purpose of correcting technical errors or for clarification or for making a change which is of no
practical significance. A first Mortgagee who receives a written request delivered by certified
or registered mail, return receipt requested, to approve amendments who does not deliver or
mail to the requesting party a negative response within thirty (30) days, shall be deemed to
have approved such request.
Notwithstanding the above provisions, (i) the percentage of the voting power
necessary to amend a specific clause or provision in the Declaration shall not be less than the
percentage of affirmative votes necessary for action to be taken under that clause or provision;
and (ii) any amendment to this Declaration shall require the consent of the City Attorney of the
City if such amendment would reduce or eliminate the standards of maintenance and repair
of Lots, Common Area or Common Maintenance Area or reduce or eliminate any right of the
City set forth in this Declaration.
The percentage of membership votes or written consents required to amend the
Declaration may be reduced under certain circumstances by Court Order obtained pursuant to
California CIVIL CODE §1356.
In addition, no amendment to or revocation of the provisions of Sections 2.2,
4.9 (to the extent of the City's lien rights thereunder), 4.14, 7.27, 9.2, or 12.1 shall be made
without the prior written consent of the City Attorney and Planning Director.
Section 12.4. Extension of Declaration. Each and all of the covenants, conditions and
restrictions shall run with and bind the Project for a term of thirty (30) years from the date the
Declaration is recorded, after which date they shall automatically be extended for successive
periods of ten (10) years, unless the Owners of two-thirds (2/3) of the Lots subject to the ,
~ ' .-.'.••*' , .'-. p .,i'-'.. ',- ; -"
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Declaration have executed and recorded at any time within six (6) months prior to the end of
the thirty (30) year period, or within six (6) months prior to the end of any such ten (10) year
period, in the manner required for a conveyance of real property, a written instrument in which
it is agreed that the restrictions shall terminate at the end of the thirty (30) year period or at
the end of any ten (10) year period.
Section 12.5. Encroachment Easements. The following easements are hereby reserved
by Declarant, subject to all items of record, including, but not limited to, the general utility
easements of record:
(a) It is intended that, unless Declarant decides to relocate the same, each
fence or wall installed by Declarant with the intention of separating Lots from one
another, or separating a Lot from Common Area, or separating a Lot from Common
Maintenance Area shall establish the usable boundaries between the affected Lots, the
Lots and Common Area and the Lots and Common Maintenance Area, respectively,
regardless of whether the fence or wall lies exactly on the boundary line. An easement
is hereby reserved for each such fence or wall to be repaired and replaced by the
party(ies) obligated to maintain the same, in the location where such fence or wall was
so installed by Declarant. Declarant shall have the right, but not the obligation, to
relocate any such fence or wall to the applicable boundary line during the period of time
that Declarant has the right to annex Lots to this Declaration. The portions of land
lying inside a fence or wall may be used by the adjoining Owner for yard purposes,
subject to any open space easements or other items of record. The portions of land
lying outside a fence or wall which adjoin Common Area or Common Maintenance Area
may be used by the Association for such purposes.
(b) In the event any improvement to a Lot encroaches upon the Common
Area or Common Maintenance Area or any Common Area or Common Maintenance
Area improvement encroaches upon any Lot as a result of the construction,
reconstruction, repair, shifting, settlement or movement of any portion thereof, an
easement for the encroachment and for its maintenance is hereby reserved for so long
as the encroachment exists; provided, however, in no event shall an easement for
encroachment be created in favor of an Owner or the Association if the encroachment
occurred due to the willful misconduct of the Owner or the Association. In the event
a structure on a Lot is partially or totally destroyed and then rebuilt or repaired, the
minor encroachments over adjoining Common Area and Common Maintenance Area
shall be permitted and there shall be easements for maintenance of the encroachments
so long as they shall exist. "Improvement" as used in this subsection does not include
a fence or wall (fences and walls are the subject of subsection (a) of this Section).
(c) An easement is hereby reserved in favor of each Lot over adjoining Lots
for the purpose of accommodating encroachments due to design, construction, engi-
neering errors, errors in construction, settlement or shifting of the building, roof over-
hangs, architectural or other appendants and drainage of water from roofs. There shall
be easements for the maintenance of encroachments so long as they shall exist;
provided, however, that no easement is created in favor of an Owner if the
encroachment occurred due to the willful misconduct of the Owner. In the event a
structure on any Lot is partially or totally destroyed and then rebuilt or repaired, the .
San Pacifico Area /) • . -.-.'. • ,
7/8/97 . -25- .'.'.'"
minor encroachments over adjoining Lots shall be permitted and there shall be
easements for maintenance of encroachments so long as they shall exist.
Section 12.6. Special Responsibilities of Association. In the event improvements to
be installed by Declarant to the Common Area have not been completed prior to the issuance
by the California Department of Real Estate of a Final Subdivision Public Report covering a
Phase of the Project, and in the further event the Association is the obligee under a bond to
secure the obligation of Declarant to complete the improvements, then if the improvements
have not been completed and a Notice of Completion filed within sixty (60) days after the
completion date specified in the Planned Construction Statement appended to the bond, the
Board shall consider and vote upon the question of whether or not to bring action to enforce
the obligations under the bond. If the Association has given an extension in writing for the
completion of any improvement, then the Board shall consider and vote on the question if the
improvements have not been completed and a Notice of Completion filed within thirty (30)
days after the expiration of the extension period. In the event the Board determines not to take
action to enforce the obligations secured by the bond, or does not vote on the question as
above provided, then, in either event, upon petition signed by Members representing five
percent (5%) or more of the voting power of the Association (excluding the voting power of
Declarant), the Board shall call a special meeting of the Members of the Association to
consider the question of overriding the decision of the Board or of requiring the Board to take
action on the question of enforcing the obligations secured by the bond. The meeting of
Members shall be held not less than thirty-five (35) days nor more than forty-five (45) days
following receipt of the petition. At the meeting, a vote of a majority of the voting power of
Members of the Association, excluding the vote of Declarant, to take action to enforce the
obligations under the bond shall be deemed to be the decision of the Association, and the
Board shall thereafter implement the decision by initiating and pursuing appropriate action in
the name of the Association.
Section 12.7. Litigation. In the event of litigation arising out of or in connection with
the Declaration, the prevailing party shall be entitled to receive costs of suit and such sum for
attorney's fees as the Court deems reasonable.
Section 12.8. Documents to be Provided to Prospective Purchaser. An Owner, other
than Declarant, shall, as soon as practicable before transfer of title to the Owner's Lot, provide
to the prospective purchaser the following:
(a) A copy of the Articles, Bylaws, this Declaration and the rules and
regulations adopted by the Board.
(b) A copy of the most recent financial statements of the Association.
(c) A true statement in writing from an authorized representative of the
Association as to the amount of the Association's current regular and special assess-
ments and fees as well as any assessments levied upon the Lot which are unpaid as
of the date of the statement. The statement shall also include true information on late
charges, interest and costs of collection which, as of the date of the statement, are or
may be made a lien upon the Lot.
San Pacifico Area A • '
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(d) A statement setting forth 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 this statement is provided.
Section 12.9. Limitation of Restrictions on Declarant. Declarant is undertaking the
work of construction of residential dwellings and incidental improvements upon Phase 1 and
the Annexable Property. The completion of that work, and the sale, rental and other disposal
of dwellings is essential to the establishment and welfare of Phase 1 and the Annexable
Property as a residential community. In order that the work may be completed and Phase 1 and
the Annexable Property be established as a fully occupied residential community as rapidly as
possible, nothing in this Declaration shall be understood or construed to:
(a) Prevent Declarant, its contractors or subcontractors from doing on the
Common Area, Common Maintenance Area or any Lot whatever is reasonably
necessary or advisable in connection with the completion of the work, including access
over Phase 1 or the Annexable Property; or
(b) Prevent Declarant or its representatives from erecting, constructing and
maintaining on any part or parts of Phase 1 or the Annexable Property such structures
as may be reasonable and necessary for the conduct of its business of completing the
work and establishing Phase 1 and the Annexable Property as a residential community
and transferring Phase 1 and the Annexable Property in parcels by sale, lease or other-
wise; or
(c) Prevent Declarant from conducting on any part of Phase 1 or the
Annexable Property its business of completing the work and of establishing a plan of
ownership and of transferring Phase 1 or the Annexable Property by sale, lease or
otherwise; or
(d) Prevent Declarant from maintaining such signs, poles or flags on any
of Phase 1 or the Annexable Property as may be necessary for the sale, lease or
disposition thereof; provided, however, that the maintenance of any sign, pole or flag
shall not unreasonably interfere with the use by any Owner of his or her Lot or the
Common Area.
The rights of Declarant provided in Subsections (a) through (d) above may be
exercised during the period of time commencing when the Lots are first sold or offered for sale
to the public and ending when all the Lots are sold and conveyed by Declarant to separate
Owners, or seven (7) years following the date of conveyance of the first Lot from Declarant
to a Retail Purchaser, whichever shall first occur. So long as Declarant, its successors and
assigns, owns one or more of the Lots described herein. Declarant, its successors and assigns,
shall be subject to the provisions of this Declaration. Declarant, in exercising its rights under
this Section shall not unreasonably interfere with the use of the Common Area by any Owner.
Section 12.10. Easement to Inspect and Test. Declarant reserves easements to enter
any Lot, including the interior of the residence and the yard, to inspect those areas and to
conduct destructive testing referred to in California CIVIL CODE § 1375(d). However, Declarant
shall notify the Owner of the Lot of at least three alternative dates and times when such; }: ::;^'w
San Pacifico Area A y -
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inspection can take place (the earliest of which shall not be less than ten (10) days after the
notification is given) and Declarant shall give the Owner the opportunity to specify which date
and time is acceptable to the Owner. Should the Owner not respond affirmatively with respect
to one of the dates and times within five (5) days, then Declarant may decide which of the
dates and times the inspection and testing shall take place and so notify the Owner.
Alternatively, Declarant may seek a judicial order allowing such inspection and testing to take
place. Declarant shall be entitled to its reasonably incurred attorney's fees and be deemed the
"prevailing party" should such a court order be sought and obtained. Declarant shall be
obligated to fully repair any damage caused by any such destructive testing.
IN WITNESS WHEREOF, the undersigned, being Declarant herein, has executed this
instrument as of the date first hereinabove written.
POINSETTIA HOMEBUILDING PARTNERS, L.P., a
California Limited Partnership
By: COLRICH COMMUNITIES, INC., a California
corporation, General Partner
By.
Title
By.
Title_
STATE OF )
) ss.
COUNTY OF )
On , 19 , before me,
Notary Public in and for said State, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature j
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EXHIBIT "A"
Phase 1
Lots 21 through 27, inclusive, 29 through 36, inclusive, and 39
of CARLSBAD TRACT 94-04 POINSETTIA SHORES AREA A-1,
according to Map thereof No. , filed with the County
Recorder of San Diego County, California on ,
1997; and
Lots 6 through 12, inclusive, 30 through 34, inclusive, and 52 of
CARLSBAD TRACT 94-05 POINSETTIA SHORES AREA A-2,
according to Map thereof No. , filed with the County
Recorder of San Diego County, California on ,
1997.
Annexable Property
Lots 1 through 20, inclusive, 28, 37, 38 and 40 of CARLSBAD
TRACT 94-04 POINSETTIA SHORES AREA A-1, according to
Map thereof No. , filed with the County Recorder of San
Diego County, California on , 1997;
Lots 1 through 5, inclusive, 13 through 29, inclusive, and 35
through 51, inclusive, of CARLSBAD TRACT 94-04 POINSETTIA
SHORES AREA A-2 according to Map thereof No. , filed
with the County Recorder of San Diego County, California on
, 1997;
Lots 1 through 52, inclusive, of CARLSBAD TRACT 94-04
POINSETTIA SHORES AREA A-3, according to Map thereof No.
, filed with the County Recorder of San Diego County,
California on , 1997; and
Lots 1 through 65, inclusive, of CARLSBAD TRACT 94-04
POINSETTIA SHORES AREA A-4, according to Map thereof No.
, filed with the County Recorder of San Diego County,
California on , 1997.
San Pacifico Area A
7/8/97
* t
"••" '' '
SUBORDINATION AGREEMENT
, being the beneficiary
under that certain deed of trust recorded in the Office of the County Recorder of San Diego
County, California on as Document No. , hereby
declares that the lien and charge of the deed of trust are and shall be subordinate and inferior
to the Declaration of Restrictions to which this Subordination Agreement is attached.
By.
Title
By.
Title
STATE OF )
)ss.
COUNTY OF )
On , 19 , before me, _
Notary Public in and for said State, personally appeared
, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
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7/8/97