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HomeMy WebLinkAboutPelican Point Leaf Blower Documents?£Po J ASSOCIATION GOVERNING DOCUMENTS In compliance with amendments to California Civil Code and Government Code, effective January 1, 2000, please attach this cover page to your copy of the association's governing documents. If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive covenant language pursuant to subdivision (c) of Section 12956.1 of the Government Code. AFTER RECORDING MAIL TO: Gibson, Dunn & Crutcher 9"1 =257520 $m,Xi C-8 800 Newport Center Drive, Suite 600 Newport Beach, CA 92660 Attention: Brian R. Kirchoff, Esq. RECORDING REQUESTED BY fiRST AMERICAN TITLE INS. ca. RECORDED IN OCFICIAL RECORDS OF ORANGE C:::: •• ~HY, CAl IF:lI1NIA "122!1 PM MAY L 491 ~ a'~RECORDER (Space Above This Line For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN POINT COMMUNITY ASSOCIATION Table of Contents/ Article Section I 1. 01- 1.02- 1. 03- 1. 04- 1. 05- 1. 06- 1. 07- 1.08- 1. 09- 1.10- 1.11- 1.12- 1.l3- 1.14- 1.15- 1.16- 1.17- 1.18- 1.19- 1.20- 1. 21- 1. 22- 1.23- 1.24- 1.25- 1.26- 1. 27- WPN:4651V 05/01/91 RECITALS DEFINITIONS Allowable Charges Annexed Prop,~rty Architectural Control Committee Articles and Bylaws Assessments Association Association i'4anagement Documents Association Rules Beach Access Path Bluff Top Trdil Board Budget Common Area Common Expenses Common Facilities Community Entry County Covered Property Custom Lot Declaration Declarant Design Guidelines Development Drainage Improvements Drainage Monitoring Program DRE Exhibit Family (i) ~ 1 3 3 3 3 3 3 4 4 4 5 5 5 5 5 5 8 8 8 8 8 9 9 9 9 9 10 10 10 Article 1. 28- 1.29- 1. 30- 1.31- 1.32- 1. 33- 1. 34- 1.35- 1.36- 1. 37- 1.38- 1.39- 1.40- 1.41- 1.42- 1.43- 1.44- 1.45- 1.46- 1.47- II 2.01- 2.02- 2.03- 2.04- 2.05- 2.06- 2.07- 2.08- 2.09- 2.10- 2.11- 2.12- 2.13- III 3.01- 3.02- 3.03- 3.04- 3.05- 3.06- 3.07- 3.08- Section Federal Agencies Final Subdivision Public Report Golf Ball Easement Golf Course Access Path Golf Course Easement Agreement Golf Course Owner Golf Course Property Golf Course Rules and Regulations Hazardous Material Improvement Local Government Lot Member Mortgage and Mortgagee Official Records Owner Phase Scenic Easement Scenic Highway Easement Supplementary Declaration EASEMENTS AND OTHER RIGHTS OVER THE COVERED PROPERTY AND GOLF COURSE PROPERTY Approval of Declarant Nature of Easements Oil, Mineral Rights and Water Rights Reservations to Declarant Easements for Owners Easements for Association Support, Settlement and Encroachment Utilities and Cable Television Public Easements for Emergency and Public Service Vehicles Subordination Delegation of Use waiver of Use Easements anu Other Rights Established by the Golf Course Easement Agreement THE ASSOCIATION General Duties and Powers Power of Attorney Association to Defend Membership Transfer Delegation of Membership Rights Voting Rights Classes of Membership WPN:4651V 05/01/91 ( ii) 10 10 10 11 11 11 11 11 11 12 13 13 13 13 14 14 14 14 14 15 15 15 15 15 16 17 17 17 18 18 19 19 19 19 20 20 21 21 21 21 22 22 22 Article 3.09- 3.10- 3.11- IV 4.01- 4.02- 4.03- 4.04- 4.05- 4.06- 4.07- 4.08- 4.09- 4.10- 4.11- V 5.01- 5.02- 5.03- 5.04- VI 6.01- 6.02- 6.03- 6.04- 6.05- 6.06- 6.07- 6.08- 6.09- 6.10- 6.11- 6.12- 6.13- 6.14- 6.15- 6.16- 6.17- 6.18- 6.19- 6.20- Section Voting Power Approval of All Members Certificate Evidencing Approval ASSESSMENTS Agreement to Pay Collection and Disbursement Maximum Assessments Excessive Assessments and Fees Assessment Allocation Not Subject to Lien Certificate of Payment Exempt Property, Reduction or Abatement of Assessments Date of Commencement No Offsets Homestead Waiver ENFORCEMENT OF ASSESSMENT LIENS Delinquency Personal Obligation Lien Foreclosure Sale Subordination of Assessment Liens USE RESTRICTIONS Residential Use Signs Nuisance Hazardous Material Noises and Noxious Odors Temporary Stcuctures Vehicles Animals oil and Mineral Rights Unsightly Items Antennae; Ronf Structures Drainage Garages Window Covers Leases View Insurance Rates Further Subdivision Uses of Golf Courses, Hotels and Other Adjacent Property Public Bluff Top Trail WPN:4651V 05/01/91 (iii) ~ 23 23 23 24 24 24 24 26 26 26 26 27 27 27 27 28 28 28 29 29 30 30 30 31 31 31 32 32 33 33 33 34 34 34 35 35 35 35 36 36 37 Article VII 7.01- 7.02- 7.03- 7.04- 7.05- VIII 8.01- 8.02- 8.03- 8.04- 8.05- 8.06- 8.07- 8.08- 8.09- 8.10- IX 9.01- 9.02- 9.03- 9.04- X 10.01- 10.02- 10.03- 10.04- 10.05- 10.06- 10.07- 10.08- 10.09- 10.10- XI 11.01- 11. 02- 11. 03- 11. 04- 11.05- Section REPAIR AND MAINTENANCE By Association By Owner Noncompliance by Owner Maintenance of Public Utilities Transfer of Common Area ARCHITECTURAL CONTROL Architectural Control Committee Architectural Standards Functions of Architectural Control Committee Approval of Plans Custom Lot Declaration, Golf Course Easement Agreement Non1iabi1ity for Approval Appeal Evidence of Approval Nonconformity Variances INSURANCE Obligation to Insure Notice of Cancellation or Modification Waiver by Owners Annual Insurance Review DESTRUCTION OF IMPROVEMENTS Definitions Board Action Reconstruction Proceeds of Insurance Reconstruction Assessments Compliance with Plans Determination of Allocable Proceeds Distribution of Insurance Proceeds Payment of Mortgagees Requirements of Federal Agencies EMINENT DOMAIN Definition of Taking Representation by Board Award Inverse Condemnation Requirements of Federal Agencies WPN:4651V 05/01/91 (iv) f.gg.e 38 38 41 42 42 43 44 44 45 46 47 48 48 48 49 49 49 50 50 52 52 52 53 53 53 54 54 55 55 55 55 56 56 56 56 56 56 57 57 Article Section XII PARTY WALLS 12.01- 12.02- 12.03- 12.04- 12.05- XIII 13.01- 13.02- 13.03- 13.04- XIV 14.01- 14.02- 14.03- 14.04- 14.05- 14.06- 14.07- 14.08- 14.09- xv XVI 16.01- 16.02- 16.03- 16.04- 16.05- 16.06- 16.07- 16.08- 16.09- 16.10- 16.11- 16.12- 16.13- 16.14- 16.15- 16.16- 16.17- 16.18- Definition Use Sharing of Repair and Maintenance Destruction Right to Contribution Runs With Land ANNEXATIONS Annexation Pursuant to Approval Effectuation of Annexation Mergers or Consolidations Deannexation MORTGAGEE PROTECTION Priority of Mortgage Lien Curing Defaults Resale Material Changes Notice Mortgagees Furnishing Information Conflicts Priority of Mortgagee Payment of Taxes or Premiums ENFORCEMENT OF BONDED OBLIGATIONS GENERAL PROVISIONS Enforcement No Waiver Cumulative Remedies Severability Term Construction Number and Gender Nuisance Attorneys' Fees Notices Conflicts Between Documents Effect of Declaration Personal Covenant Nonliability of Officials Construction By Declarant Special Rights of Declarant Inapplicability to Government Property Arbitration WPN:4651V 05/01/91 (v) 57 57 57 57 57 58 58 58 58 59 59 59 59 59 60 60 62 62 63 63 63 63 64 64 64 65 65 65 65 65 65 66 66 67 67 67 68 68 68 69 69 Article Section XVII AMENDMENT PROVISIONS 17.01-Vote of Association 17.02-Petition to Amend· Exhibits EXHIBIT A VICINITY MAP EXHIBITS B and B-1 -ASSOCIATION MAINTAINED DRAINAGE IMPROVEMENTS 69 69 70 EXHIBIT C ASSOCIATION MAINTAINED FENCING AND WALLS EXHIBIT D ASSOCIATION MAINTAINED STREETS AND SLOPES INCLUDING LANDSCAP~NG WITHIN LOTS EXHIBITS E and E-l -ASSOCIATION MAINTAINED COMMUNITY ENTRY LANDSCAPING, EN't'RY STATEMENT AND PARKING AREA WITHIN COMMON AREA AND GOLF COURSE PROPERTY (LOTS 59, A AND B OF TRACT NO. 14063) EXHIBIT F ASSOCIATION MAINTAINED LANDSCAPING WITHIN LOTS (STREETSCAPES) WPN:4651V 05/01/91 (vi) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN POINT COMMUNITY ASSOCIATION ORANGE COUNTY, CALIFORNIA THIS DECLARATION ("Declaration") is made this ~ day of tfAl ,1991 by The Irvine Company, a Michigan corporation (the· eclarant," as further defined in Section 1.20). A. Declarant is the fee owner of certain real property (the "Initial Covered Property"r located in the unincorporated territory of Orange County, California described as: Lots C, D, G, H, I, J and L, Lots I to 55, inclusive, and Lot 59, of Tract No. 14063, per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of the County. B. The Initial Covered Property is a portion of an overall project generally known as Newport Coast Planned Community ("Newport Coast Project"), a portion of which is owned by the Declarant and which is proposed to be developed with a variety of residential housing products which may include custom lots, single family detached housing, townhomes, condominiums and apartments. In addition, it is contemplated that the Newport Coast Project will include several golf course facilities, retail and commercial centers and hotels. In connection with the development of the Newport Coast Project, a variety of roadway improvements are also proposed including, but not limited to, the widening of Pacific Coast Highway (State Route 1) and the construction and dedica~ion to public use of Newport Coast Drive. Because of the overall size of the Newport Coast project and the time required to develop the project and market and sell residential housing therein, the Owner (as defined in Section 1.44) of a Lo~ (as defined in Section 1.40) within the Covered Property (as defined in Section 1.18) can expect to experience the consequences of such development for an extended period of time. The Owner should be aware that in connection with the development of a project the size of the Newport Coast project, proposed plans for the development and the timing for the completion thereof may be subject to change. Notwithstanding the foregoing, in connection with the approval of the subdivision tract map for the Covered Property, the County (as defined in Section 1.17) has required that the WPN:4651V 05/01/91 Declarant, for the purpose of providing notice to the Owner, prepare a vicinity map denoting existing and proposed land uses, arterial highways and public facilities within the Newport Coast Project and other surrounding areas. A copy of the current vicinity map is attached hereto as Exhibit A. The vicinity map, though subject to change, indicates the proposed plans of development for the Newport Coast Project and the uses of property surrounding the Covered Property as of the date thereon. Declarant makes no representations concerning continued accuracy thereof and expressly disclaims any duty of responsibility to advise the Owners of any changes to the vicinity map made after the date of recordation of this Declaration in order to maintain the accuracy of this Exhibit. C. The Covered Property is be~ng developed by the Declarant as a custom lot project. Each custom Lot is to be improved by the Owner thereof. Because the Covered Property is being developed at the beginning of the overall development of the Newport Coast Project and because of the close proximity of the Covered Property to the Golf Course Property (as defined in Section 1.34), it is of particular importance that the Covered Property be developed in a manner and means consistent with comparable residential housing proposed within the Newport· Coast Project, particularly with respect to architectural characteristics which are to be of a contemporary Mediterranean nature and landscaping which is to be of a type and species complementary to the architectural characteristics. It is the desire and intention of the Declarant to establish the Initial Covered Property as a single phase planned development in accordance with Section 1351(k) of the California Civil Code, or any successor statute thereof, and to establish covenants, conditions and restrictions which will constitute a general scheme for the development, management, use, improvement, taxes and assessments on, and occupancy and enjoyment of the Covered Property, all for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of life withill the Covered Property. D. All perGons who purchase Lots within the Covered Property shall be Owners and Members as defined herein. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of the Covered Property shall be held and conveyed subject to the following covenants, conditions, restrictions and easements which are hereby declared to be for the benefit of the Covered Property, and the owners thereof, their successors and assigns. These covenants, conditions, restrictions and easements shall run with the land and shall be WPN:4651V 05/01/91 2 binding upon all part1es having or acqu1r1ng any right or title in the Covered Property or any part thereof, and shall inure to the benefit of each owner thereof and are imposed upon the Covered Property and every part thereof as a servitude in favor of each and every portion of the Covered Property as the dominant tenement or tenements. ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: Section 1.01. "Allowable Charges" shall mean the costs, late charges and interest in the amounts permitted by Section 1366(c) of the California Civil Code, or any successor statute thereof, which may be recovered by the Associ~tjon when any Assessment becomes delinquent which, as of the date hereof, permits (i) reasonable costs incurred in collecting delinquent Assessments including reasonable attorneys' fees, (ii) a late charge not exceeding ten percent (10\) of the delinquent Assessments or Ten Dollars ($10.00), whichever is greater, and (iii) interest on all sums imposed in accordance with this Section, including the delinquent Assessment, reasonable costs of collection and late charges, at an annual percentage rate not to exceed twelve percent (12\) interest, commencing thirty (30) days after the Assessment becomes due. Section 1.Q2. "Annexed Property" shall mean and refer to any property that is described in a Supplementary Declaration that has been recorded in the Official Records and has become a part of the Covered Property. Section 1.03. "Architectural Control Committee" shall mean and refer to the committee or committees provided for in the Article hereof entitled "Architectural Control." Section 1.04. "Articles" and "Bylaws" shall mean and refer to the Articles of Incorporation and Bylaws of the Association as the same may from time to time be duly amended. Section 1.05. "Assessments" shall mean each of the charges levied by the Board pursuant to the provisions of the Association Management Documents for the purposes indicated below: (a) ·Capital Improvement Assessment" levied against each Owner in any calendar year applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any installation, construction or replacement of a capital WPN:465lV 05/01/91 3 Improvement to the Common Area to the extent the same is not covered by Reconstruction Assessments, including the necessary fixtures and personal property related thereto; (b) "Penalty Assessment" levied against an Owner as a monetary penalty and disciplinary measure for failure of such OWner to comply with the provisions of the Association Management Documents or as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Area for which the OWner was responsible or in bringing such OWner and his or her Lot into compliance with the provisions of the Association Management Documents; (c) "Reconstruction Assessment" levied against each Owner to cover the cost to the Association for the repair, replacement or reconstruction of any portion or portions of the Insured Improvements pursuant to the provisions of the Article entitled "Destruction of Improvements~pf this Declaration; (d) "Regular Assessment" levied against each OWner for such OWner's proportionate share of the estimated Common Expenses for the forthcoming fiscal year; and (e) ·Special Assessments" levied against all OWners to cover the cost of any action or undertaking on behalf of the Association which is not specifically covered under any other Assessment, In the event the Association undertakes to provide materials or services which benefit a particular OWner, such Owner, in accepting such materials and services, agrees that the cost thereof shall also be a Special Assessment. Section 1.06. "Association" shall mean and refer to Pelican Point Community Association, a nonprofit mutual benefit corporation incorporated under the laws of the State of California, its successors and assigns, for the purpose of managing the Covered Property. Section 1.07. "Association Management Documents" shall mean and refer to the Articles, Bylaws, Design Guidelines, Declaration, Custom Lot Declaration, and any amendments to any of the foregoing. Section 1.08. "Association Rules" shall mean and refer to: (a) rules adopted, amended and repealed, from time to time, by the Board pursuant to the Article entitled "Discipline of Members· of the Bylaws, (b) rules and regulations adopted by the Board, as amended from time to time by the Board, concerning the operation and maintenance of the Community Entry including, but not limited to, the appearance and demeanor of guards, the hours of staffing of the guard house, the communications system initially installed by Declarant and any matters for the purpose WPN:4651V 05/01/91 4 of assuring an overall uniform appearance and operation of the Community Entry consistent with similar such areas within the Newport Coast Project, and (c) rules and regulations regarding the use by Owners of Common Area private streets, the construction of which has not been completed. Section 1. 09. "Beach Access Path" sha 11 mean and refer to Lot J of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Map, Records of the County. Section 1.10. "Bluff Top Trail" shall mean and refer to that portion of Lot 57 of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California, consisting of a trail for use by the public (including, but not limited to the Owners and residents of nearby residential developments commonly known as Cameo Shores and Cameo Highlands) as a means of access to and from Crystal Cove State Park. The Bluff Top Trail is subject to erosion. The Bluff Top Trail is .depicted upon Exhibit C attached hereto. Section 1.11. "Board" shall mean the Board of Directors of the Association. Section 1.12. "Budget" shall mean an itemized written estimate of the income and Common Expenses of the Association prepared from time to time pursuant to the provisions of the Bylaws. Section 1.13. "Common Area" shall mean and refer to the real property and the Common Facilities thereon owned in fee or leased from time to time by the Association for the common use and enjoyment of the Owners. The Common Area within the Initial Covered Property is described as Lots 59, C, D, G, H, I, J and L of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of the County. Section 1.14. "Common Expenses" shall mean and refer to the actual and estimated costs or amounts established by the Board, and set forth either in specified line items or covered in the contingency fund of the Association, all as set forth in the Budget, to be paid fo<: (a) maintenance, management, operation, repair and replacement of the Common Area including, but not limited to, slopes, private streets, the entry gate, guard house, and all other areas which are maintained by the Association pursuant to the provisions of this Declaration; (b) unpaid Assessments; WPN:4651V 05/01/91 5 (c) management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and employees; (d) to the extent not separately metered or billed to Owners, utilities, trash pickup and disposal, gardening and other services which generally benefit and enhance the value and desirability of the Covered Property; (e) premiums on all insurance and fidelity bonds maintained by the Association pursuant to the Article entitled "Insurance" of this Declaration (except for fidelity bonds obtained by a management agent for its officers, employees and agents); (f) adequate reserves to cover the deductible amounts of any insurance policies maintained by the Association and for the periodic maintenance, repair and replacement of Improvements maintained by the Association pursuant to this Declaration, including reserves for replacements for'structural elements and mechanical equipment of facilities maintained by the Association; (g) taxes paid by the Association; (h) discharge of any lien or encumbrance levied against the Common Area or portions thereof; (i) expenses incurred by committees established by the Board; (j) expenses associated with the inspection program for the Common Area and all other areas maintained by the Association for the purpose of determining the condition thereof as described in greater detail in the Bylaws including, but not limited to, the costs of employing a geotechnical consultant and such other consultants and experts as necessary; (k) guard service and any other security systems, including, but not limited to, access keys, intercom or telephone systems, and any other security services installed by or contracted for by the Association; (1) maintenance, repair, restoration and replacement of the Drainage Improvements, subject to the terms and conditions of this Declaration and the Golf Course Easement Agreement; (m) maintenance, repair, restoration and replacement of the structural integrity and exterior surface of the masonry wall facing Common Area and Golf Course Property, which wall is located on or adjacent to the rear yard property lines of the Lots and which, in part, surrounds the Covered Property, any WPN:465IV 05/01/91 6 tubular steel fencing installed thereon by Owner at the top of the low rise stucco wall located along the rear yard property line of his or her Lot pursuant to the Design Guidelines, and the gate at the point designated to permit limited ingress and egress to the Golf Course Access Path (including the lock .therein but excluding the access key mechanism), all of which are shown on Exhibit C attached hereto and incorporated herein pursuant to the terms and conditions of this Declaration and the Golf Course Easement Agreement; (n) maintenance, repair, restoration and replacement of the Community Entry including, but not limited to: (i) the guard house lot and entry court (Lot 59 of Tract No. 14063), (ii) the streetscape and other landscaping, together with any appurtenant irrigation system improvements (to the extent the improvements are a part of an irrigation system serving the Common Area) which is shown on Exhibit D attached hereto, (iii) the entry statement, together with any appurtenant'electrical or lighting lines and fixtures, which is shown on Exhibits E and E-l attached hereto, (iv) the entry walls shown on Exhibit C, and (v) guard parking area located within Lot B of Tract No. 14063, pursuant to the terms and conditions of this Declaration and the Golf Course Easement Agreement; (0) maintenance, repair, restoration and replacement of the street trees, landscaping and any appurtenant irrigation systems (to the extent commonly metered to the Association) and sidewalk located within the streetscape zone of each Lot which is depicted on Exhibit F attached hereto and incorporated herein; provided, however: (i) each Owner shall maintain his or her mailbox located within the streetscape zone of his or her Lot, and (ii) in the event that an Owner shall, pursuant to an approval of the Architectural Control Committee, relocate the street trees as described in greater detail in the Design Guidelines and, in connection with such work, damage the streetscape trees or otherwise damage the streetscape zone, the Association shall restore the irrigation system and groundcover landscaping within the streetscape zone and shall replace any damaged street trees within the streetscape zone with matched specimens, and the Owner shall reimburse the Association for all costs associated with such work. The Association may seek reimbursement from any construction deposit held by the Association or, in the absence or inadequacy thereof, may impose a Penalty Assessment against the Owner; (p) maintenance, repair, restoration and replacement of the landscaping located between the property line of certain Common Areas (Lots C, D and G of Tract No. 14063) and the side and rear yard stucco wall which is set back a distance which varies from approximately two (2) feet to ten (10) feet from the rear and side yard property lines of Lots 47 to 51, WPN:465IV 05/01/91 7 inclusive, and Lots 26 to 38, inclusive, of Tract No. 14063 as shown on Exhibit D attached hereto; (q) maintenance, repair, restoration and replacement of the tubular steel insert and exterior stucco surface which faces the Beach Access Path and structural integrity of the privacy walls located on the common property lines between the Beach Access Path and Lots 21 and 22 of Tract No. 14063 and the exterior surface facing the Common Area and structural integrity of the masonry wall adjacent to the side and rear yard property line of Lot 47 of Tract No. 14063 and the rear yard property line of Lot 48 of Tract No. 14063 shown on Exhibit C; and (r) other expenses incurred by the Association for any reason whatsoever in connection with the Common Area, or the costs of any other item or items designated by the Association Management Documents, or in furtherance of the purposes of the Association or in the discharge of any duties or powers of the Association. " Section 1.15. "Common Facilities" shall mean and refer to the Improvements upon the Common Area. Section 1.16. "Community Entry" shall mean and refer to: (a) that portion of Lots A and B of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of the County, together with the Improvements therein shown on Exhibits C, E and E-1 attached hereto which shall be maintained by the Association pursuant to the terms of the Golf Course Easement Agreement, and (b) that portion of the Common Area more particularly described as Lot 59 of Tract No. 14063. Section 1.17. "County" shall mean and refer to the County of Orange, State of California. Section 1.18. "Covered Property" shall mean and refer to the real property development consisting of Initial Covered Property and, subsequent to the annexation thereof, any Annexed Property. The Covered Property is a common interest development, as defined in Section 1351(c) of the California Civil Code, which is ~eing developed as a planned unit development. Section 1.19. "Custom Lot Declaration" shall mean and refer to that Custom Lot Declaration for Pelican Point recorded May 7, , 1991, as Instrument No. 91-255878 of Official Records, and any amendments thereto, setting forth the height, building coverage and other restrictions governing the construction of dwelling units on Lots and such other matters set forth therein. In the event of any inconsistency between WPN:4651V 05/01/91 8 this Declaration and the Custom Lot Declaration, the provisions of the Custom Lot Declaration shall prevail. Section 1.20. "Declarant" shall mean and refer to: (a) The Irvine Company, a Michigan corporation, any successor or assign, by merger, consolidation or reorganization, or, if an instrument of record specifically assigns the rights of Declarant hereunder, by purchase; and (b) any person or entity, his or its successors and assigns, to which the foregoing Declarant has assigned any or all of its rights and obligations as Declarant by an express assignment incorporated in a recorded instrument, including but not limited to, a deed, lease, option agreement, land sale contract or assignment, as the case may be, transferring such interest if such assignee agrees in writing with Declarant to accept such assignment. Section 1.21. "Design Guidelines· shall mean and refer to those standards, guidelines and procedures initially established by the Declarant for the Covered Property, as revised from time to time pursuant to the procedures and subject to the limitations upon revision set forth in this Declaration, for use, in part, in the preparation of plans and specifications by an Owner, and the review and approval or disapproval of such plans and specifications by the Architectural Control Committee and the Board in connection with the construction and installation of Improvements on the Covered property. Section 1.22. "Deve10pment· shall mean and refer to the Covered Property. Section 1.23. "Drainage Improvements· shall mean and refer to those certain drainage improvements located upon the Golf Course Property, a portion of which drainage improvements shall be maintained by the Association and all of which shall be available for the benefit and use of the Association as the owner of the Common Area Lots and for the benefit of each Owner as the owner of a Lot, pursuant to the terms and conditions of this Declaration and the Golf Course Easement Agreement. Drainage Improvements shall include pipelines, detention basins and other appurtenant improvements. The Drainage Improvements are shown in their entirety in greater detail upon those plans entitled "Area Drain Plan·, dated September 5, 1989, prepared by Hunsaker and Associates which are on file with the County. The approximate location of the Drainage Improvements are shown on Exhibits B and B-1 which are attached hereto. Section 1.24. "DrainJge Monitoring Program" shall mean and refer to that certain program developed and modified from time to time by Declarant ~nd/or governmental agencies pursuant to WPN:4651V 05/01/91 9 the conditions of approval for the development of the Newport Coast Project of which the Covered Property is a part or pursuant to laws, rules and regulations as may e~ist from time to time concerning the monitoring by the Golf Course Owner of the discharge of Hazardous Materials from the Covered Property into the detention basins .located upon the Golf Course Property, the approximate location of which are shown on Exhibits B and B-1, either by use of the Drainage Improvements, public storm drains, or by other means. The Drainage Monitoring Program initially established has been developed by Declarant pursuant to the requirements of: (a) the Local Coastal Program for the Irvine Coast which was certified by the Coastal Commission of the State of California on January 14, 1988 and was adopted by the Orange County Board of Supervisors on December 2, 1987, pursuant to Resolution No. 87-1606, and (b) Coastal Development Permit (No. CD89-27P) adopted by the Planning Commission of the County on October 16, 1989 pursuant to Resolution No. 89-40. Section 1.25. "ORE" shall mean and refer to the Department of Real Estate of the State of California. Section 1.26. "Exhibit" shall mean and refer to any document so designated herein and attached hereto or so designated in a Supplementary Declaration and attached thereto, and each of such Exhibits is by this reference incorporated into this Declaration or such S~pplementary Declaration. Section 1.27. "Family· shall mean: (1) a group of natural persons related to each other by blood or legally related to each other by marriage or adoption, or (2) a group of natural persons not related by blood or law, but who maintain a common household in a residence on a Lot. Section 1.28. "Federal Agencies" shall mean and refer to collectively one or more of the following agencies and the following letter designation for such agencies shall mean and refer to respectively the agency specified within the parentheses following such letter designation: FHA (Federal Housing Administration), FHLMC (Federal Home Loan Mortgage Corporation), FNMA (Federal National Mortgage Association), GNMA (Government National Mortgage Association), VA (Veterans Administration). Section 1.29. "Final Subdivision Public Report" shall refer to that report issued by the ORE pursuant to Section 11018.2 of the California Business and Professions Code or any similar statute hereafter enacted. Section 1.30. "Golf Ball Easement" shall mean and refer to that certain Declaration of Easement for Golf Balls recorded on WPN:4651V 05/01/91 10 _.....£Ma!e..'J.y:--~2 ... 1"--_, 1991, as Instrument No. 91-249635 Records. of Official Section 1.31. "Golf Course Access Path" shall mean and refer to that portion of the Golf Course Property over which an Owner shall receive an easement for pedestrian ingress and egress purposes for access to Crystal Cove State Park pursuant to the Golf Course Easement Agreement. Section 1. 32. "Golf Course Easement Agreement" shall mean and refer to that certain Declaration of Special Covenants, Conditions, Restrictions and Establishment of Easements for Golf Course Property and Pelican Point recorded on May 23 1991. as Instrument No. 91-254012 , of Official Records, and any amendments thereto. Section 1.33. "Golf Course Owner" shall mean and refer to the owner of the Golf Course Property. The>'Golf Course Owner may assign the right to enforce its rights as the Golf Course Owner under the Golf Course Easement Agreement to the manager of the Golf Course Property, subject to such limitations as may be set forth in the Golf Course Easement Agreement and the assignment. Section 1.34. "Golf Course Property" shall mean and refer to that certain real property in the vicinity of the Covered> Property developed for use as a golf course facility and for related purposes. The Golf Course Property is more particularly described as: (a) Lots A, B, 56 and 58 of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, of Records of the County, and (b) Lots I through 7, inClusive, of Tract No. 14131 per map filed in Book 662, Pages 42 through 46, inclusive, of Miscellaneous Maps, of Records of the County, as modified by any recorded lot line adjustment or similar method which may either add or delete portions of sl0pe areas from the Golf Course Property. Section 1.35. "Golf Course Rules and Regulations" shall mean those rules and regulations for the use and enjoyment of the Golf Course Property as initially adopted and promulgated by the Golf Course Owner and as same may be modified from time to time with the approval of the Golf Course Owner. Section 1.36. "Hazardous Material" means any substance: (a) the presence of which requires investigation or remediation under the Drainage Monitoring Program; or (b) which is or becomes defined as a "hazardous waste" or "hazardous substance" under any government environmental requirement, including, without limitation, the Comprehensive Environmental Respons,:, Compensation and Liability Act (42 WPN:4651V 05/01/91 11 U.S.C. section 9601 ~t ~.) or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 ~ ~.); or (c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and is or becomes. regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the united States, any State of the United States, or any political subdivision thereof; or (d) the presence of which causes or threatens to cause a nuisance to other properties or poses or threatens to pose a hazard to the Covered Property or to the health or safety of persons on or about the Covered Property, including, but not limited to, refuse, debris, weeds, chlorinated water from a pool or spa, and household and garden chemicals and sprays from the Covered Property which have entered o.nto the Golf Course Property either by usa of the Drainage Improvements or otherwise; or (e) which contains gasoline, diesel fuel or other petroleum hydrocarbons or volatile organic compounds; or (f) which contains polychlorinated biphenyls (PCBs) or asbestos or urea formaldehyde foam insulations. Section 1.37. "Improvement" shall mean: (a) all structures and appurtenances thereto of every type and kind, including, but not limited to, buildings, outbuildings, the guardhouse, walkways, sprinkler and sewer pipes or lines, drainage lines and catch basins, garages, swimming pools, spas, tennis courts and other recreational facilities, gazebos, roads, driveways, walkways and other hardscape, parking areas, fences, gates, together with entry and lock mechanisms thereto, screens, screening walls, retaining walls, awnings, patio and balcony covers, stairs, decks, landscaping, hedges, slopes, windbreaks, the exterior surfaces of any visible structure, trees and shrubs, flowers, poles, signs, solar ot windpowered energy systems or equipment, and water softener or heater or air conditioning and heating fixtures and equipment; (b) the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; (c) the grading, excavation, filling, or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern or change of streambed; WPN:4651V 05/01/91 12 (d) trees and other landscaping, planting, vines, clearing, or removing of trees, shrubs, grass, or plants; and (e) any change or alteration of any Improvement including any change of exterior appearance, color or texture. Section 1.38. "Local Government" shall mean and refer to any city in which the Covered Property is located. If the Covered Property is not located within a city, "Local Government" shall mean and refer to the County. Section 1.39. "Lot" shall mean and refer to a lot shown on a final map or a parcel shown on a parcel map filed for record in the County which lot or parcel is described in this Declaration or on any Supplementary Declaration as part of the Covered Property, as such lot or parcel may be adjusted from time to time by any recorded lot line adjustment. Lot shall not include any Common Area. >" Section 1.40. "Member" shall mean and refer to every person or entity who is an Owner, including Declarant, so long as Declarant continues to be an Owner. Section 1.41. "Mortgage" and "Mortgagee" shall mean and refer respectively to any duly recorded mortgage or deed of trust encumbering a Lot and the holder of the mortgagee's or beneficiary's interest under any such Mortgage. "First Mortgage" and "First Mortgagee" shall mean and refer respectively to a Mortgage which has priority over all other Mortgages encumbering a specific Lot and the holder of any such First Mortgage. The following additional terms describe Mortgagees or insurers or guarantors of Mortgages who are entitled to specific rights described in the Association Management Documents: "Eligible Mortgage Holder" shall mean a First Mortgagee who is entitled to receive notification from the Association and who has the right to vote or approve any proposed amendment or action that requires the consent of a percentage of Eligible Mortgage Holders. Such Eligible Mortgage Holder shall be entitled to receive such notification and to vote on such matters only if such Eligible Mortgage Holder delivered to the Board a prior written request therefor. Wherever the approval of all or a specified percentage of Eligible Mortgage Holders is required it shall be deemed to mean the vote or approval of all or of a specified percentage only of those First Mortgagees who have become Eligible Mortgage Holders by reason of having provided such notification to the Board. Wherever the vote or written approval of Eligible Mortgage WPN:465lV 05/01/91 13 Holders is required, it shall be deemed to mean such vote or approval of the percentage specified based on one (1) vote for each First Mortgage held. "Requesting Mortgagee, Insurer or Guarantor" shall mean the Mortgagee, or insurer or guarantor of a Mortgage entitled to receive timely written notification from the Association of certain matters as provided elsewhere in the Association Management Documents. To be entitled to receive such notification, the Mortgagee, insurer or guarantor must deliver to the Association a written request therefor stating the name and address of such Mortgagee, or insurer or guarantor and the address or other identification of the Lot encumbered by the Mortgage held, insured or guaranteed by such Mortgagee, or insurer or guarantor. Section 1.42. "Official Records" shall mean the Official Records in the Office of the County Recorder of the County. Section 1.43. "Owner"' shall mean and refer to one or more persons or entities who are, alone or collectively, the record owner of a fee simple title to a Lot, including Declarant, excluding those having any such interest merely as security for the performance of an obligation. If a Lot has been sold under a land sale contract in which the State of California is the vendor, then the vendee shall be deemed to be the Owner of such Lot. Section 1.44. "Phase" shall mean and refer to each increment of the Covered Property on which the DRE has issued a Final Subdi vis ion Public Report. "Fi rst Phase" shall mean the fi rst of any such Phases to have had a conveyance of a Lot whiCh requires the delivery of a Final Subdivision Public Report. Section 1.45. "Scenic Easement" shall mean and refer to that certain easement reserved by Declarant over a portion of the Golf Course Property on the final subdivision t~act map for Tract No. 14063 recorded in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California, the terms of which are described in greater detail in that certain Grant of Easement recorded by Declarant in favor of the County on August 15, 1990, as Instrument No. 90-432781, of Official Records. Section 1.46. "Sceni= Highway Easement" shall mean and refer to that certain easement reserved by Declarant over a portion of the Golf Course Property on the final subdivision tract map for Tract No. 14063 recorded in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California, the terms of which are described in greater detail in that certain Grant of Easement recorded by Declarant WPN:4651V 05/01/91 14 in favor of the County on August 15, 1990, as Instrument No. 90-432780, of Official Records. Section 1.47. "Supplementary Declaration" shall mean a writing annexing additional property extending the plan of this Declaration to such additional property. ARTICLE II EASEMENTS AND OTHER RIGHTS OVER THE COVERED PROPERTY AND GOLF COURSE PROPERTY Section 2.01 -Approval of Declarant. As long as Declarant is an Owner, any attempt to modify or eliminate this Section or any other easement or right reserved to Declarant in this Declaration shall require the prior written approval of Declarant. Section 2.02 -Nature of Easements. Unless otherwise set forth herein, all easements reserved to Declarant herein shall be nonexclusive. Section 2.03 -Oil. Mineral Rights and water Rights. There is hereby reserved to Declarant, together with the right to grant and transfer all or portion of same: (a) All oil, oil rights, minerals, mineral rights, natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from any of the foregoing, that may be within or under the Covered Property, together with the perpetual right of drilling, mining, exploring and operating therefor and storing in and removing the same from the Covered Property or any other land, including the right to whipstock or directionally drill and mine from lands other than the Covered Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Covered Property, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines without, however, the right to drill, mine, store, explore or operate through the surface or the upper 500 feet of the subsurface of the Covered Property; and (b) Any and all water, water rights or interests therein appurtenant or relating to the Covered Property or owned or used by Declarant in connection with or with respect to the Covered Property (no matter how acquired by Declarant), whether such water rights shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to explore, WPN:465lV 05/01/91 15 drill, redrill, remove and store the same from or in the Covered Property or to divert or otherwise utilize such water, rights or interests on any other property whether or not such property is owned or leased by Declarant; but without, however any right to enter upon the surface of the Covered Property in the exercise of such rights, Section 2.04 -Reservations to Declarant. reserved to all or a portion of Declarant, right to grant and transfer all or portion There is together of same: hereby with the (a) Improvements. Easements (i) over the Common Area for the purpose of constructing, erecting, operating and maintaining thereon, therein or thereunder roads, streets, walks, driveways, parkways and park areas and (ii) over the Covered Property for the installation and maintenance of electric, telephone, cable television, water, gas, sanitary sewer lines and drainage faci li ties. " (b) Cable Television. The right to place on, under or across the Covered Property, transmission lines and other facilities for a community antenna television system and thereafter to own and convey such lines and facilities, and the right to enter upon the Covered Property to service, maintain, repair, reconstruct and replace said lines and facilities; provided, however, that the exercise of such rights shall not unreasonably interfere with an Owner's reasonable use and enjoyment of the Covered Property. (c) Construction and Sales. Easements for construction, display, maintenance, sales and exhibit purposes over the Covered Property in connection with the erection and sale or lease of Lots within the Covered Property, including, without limitation, for grading, landscaping and the installation of utility lines to serve the Lots provided, however, that such use shall not be for a period beyond the completion of construction of a residential dwelling upon each Lot in compliance with the plans and specifications approved by the Architectural Control Committee. (d) Utilities. Easements over the Covered Property for the construction, installation and maintenance of electric, telephone, water, gas, sanitary sewer lines and drainage facilities. The easements reserved to Declarant in this Section shall not unreasonably interfere with the use and enjoyment by the Owners of the Covered Property, and any damage or restoration necessitated by any such installation, construction or maintenance shall be completed by Declarant within a reasonable time after the occurrence of such damage or need for restoration. WPN:4651V 05/01/91 16 Section 2.05 -Easements for Qwners. There is hereby reserved to Declarant, together with the right to grant and transfer all or a portion of same, easements for ingress, egress, use and enjoyment (which includes, without limitation, the unrestricted right of ingress and egress to such Owner's Lot) on and upon the Common Area. These rights shall be subject to control and management by the Association as more particularly provided in the Association Management Documents. By way of example, but not limitation, the Association may impose reasonable Association Rules regarding the use of Common Area private streets, the construction of which has not been completed, including, without limitation, establishing reasonable hours for use by the Owners, reasonable means of access and restrictions upon the use thereof for construction access until the completion and acceptance thereof by the Association for maintenance. Section 2.06 -Easements for Association,' There is hereby reserved to Declarant, together with .tbe right to grant and transfer all or a portion of same to the Association, with the right of the Association to grant and transfer all or a portion of same, easements over the Covered Property for the purpose of permitting the Association to discharge its obligations and powers as described in the Association Management Documents including, without limitation, a right of entry for such purpose as provided in the Bylaws. Section 2.07 -Support. Settlement and Encroachment. There is hereby reserved to Declarant, together with the right to grant and transfer all or a portion of same, the following reciprocal easements. (a) An easement appurtenant to each Lot which is contiguous to another Lot or Common Area, which Lot shall be the dominant tenement and the contiguous Lot or Common Area shall be the servient tenement. (b) An easement appurtenant to the Common Area contiguous to a Lot or other Common Area, which Common Area shall be the dominant tenement and which contiguous Lot or Common Area shall be the servient tenement. (c) Said easements shall be for the purposes of: (i) allowing for engineering errors, errors in construction, reconstruction, repair, support, and accommodation of the natural settlement or shifting of any portion of the Improvements and for the maintenance thereof; (ii) allowing for minor encroachments by reason of a roof or eave overhang and for the maintenance of such roof WPN:465lV 05/01/91 17 or eave overhang by the owner of the dominant tenement for as long as such encroachments exist; and (iii) allowing for encroachment of fireplaces, doorsteps, foundations, footings, garage doors, utilities and other appurtenances or fixtures and the maintenance thereof by the owner of the dominant tenement, which, in the construction of the structures upon the dominant tenement or from any reconstruction or modifications of such structures, project beyond the external surface of the outer walls of such structure. The rights and obligations of owners of the dominant tenements shall not be altered in any way by said encroachments, settlement or shifting provided, however, that in no event shall an easement for encroachment be created in favor of an owner of the dominant tenement, if said encroachment occurred due to the willful misconduct of any such Owner. In the event any portion of a structure on the Covered Property is partially or totally destroyed and then repaired or rebuilt, each such owner agrees that easements shall exist for minor encroachments over adjoining Lots or Common Area for the maintenance of said encroachments as long as they shall exist. Section 2.08 -utilities and Cable Television. Wherever sanitary sewer house connections, water house connections, air conditioning connections or ducts, electricity, gas, telephone and cable television lines or drainage facilities are installed within the Covered Property, the Association or any Owner as the owner of any property served by said connections, lines or facilities shall have the right, and there is hereby reserved to Declarant, together with the right to grant and transfer the same to any Owner or Association, an easement, to the full extent necessary for the full use and enjoyment of such portion of such connections which service an Owner's property, and to enter upon, or have utility companies enter upon, any portion of the Covered Property, including, without limitation, upon the Lot in or upon which said connections, lines or facilities or any portion thereof lie, to repair, replace and generally maintain said connections, lines and facilities as and when the same may be necessary, provided that any damage caused by such entry shall be repaired by such Owner or Association or the utility company as promptly as possible after completion of work thereon. Section 2.09 -Public Easements for Emergency and Public Service Vehicles. There is hereby reserved to Declarant, together with the right to grant and transfer all or a portion of same, an easement over the Common Area streets (Lots Hand L of Tract No. 14063) and the guard house lot (Lot 59 of Tract No. 14063) for emergency and public service vehicles as shown on the final recorded subdivision map for Tract No. 14063. The WPN:465lV 05/01/91 18 reservation of this easement shall not imply any right of public use of the Covered Property or Improvements. Section 2.10 -Subordination. Except for those easements and rights reserved to Declarant in Section 2.03 and Section 2.04(b} or as may be otherwise pr.ovided in the grant or dedication of an easement, any easement conveyed in favor of a public authority shall be prior and superior to all other easements described herein, and any easement conveyed pursuant to the provisions of this Article to a utility company shall be prior and superior to all other easements described herein except any easement in favor of a public authority. Grantor and any grantee by acceptance of a conveyance of any easement described in this Declaration, whether or not so stated in such conveyance document, agree that the easement shall be subordinate to any such prior and superior easements conveyed to a public utility and further agree to execute any document acknowledging such suoordination that ma:ll' be required by the holder of any such prior easement. Section 2.11 -Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Area to the members of his or her family or his tenants who reside on his or her Lot, or to his or her guests, or to a vendee under a land sales contract, subject to the rules and regulations adopted by the Board. In the event and for so long as an Owner delegates said rights of enjoyment to his or her tenants or a vendee, said Owner shall not be entitled to the use and enjoyment of any facilities or equipment belonging to or controlled by the Association for the use and enjoyment of its Members. Section 2.12 -Waiver of Use. No Owner may exempt himself from personal liability for Assessments duly levied by the Association, or release the Lot owned by him from the liens, charges and other provisions of the Association Management Documents by waiver of the use and enjoyment of the Common Area or the abandonment of his or her Lot. Section 2.13 -Easements and Other Rights Established by the Golf Course Easement Agreement. The Golf Course Easement Agreement establishes certain covenants, conditions and restrictions upon the Covered Property concerning architectural and landscaping character as well as other matters for the benefit of and enforceable by Golf Course Owner apart from such rights as Declarant may have herein. The Golf Course Easement Agreement also establishes certain easements and licenses over portions of the Covered Property for the benefit of the Golf Course Owner and over portions of the Golf Course Property for the benefit of the Association and the Owners. The specific terms of these covenants, conditions and restrictions, the property affected by a particular easement or license, the terms and conditions under which the particular easement or WPN:4651V 05/01/91 19 license may be exercised, and the remedies available to the Declarant or an owner of the property burdened by any particular easement or license in the event of a violation of the applicable terms and conditions, are described in greater detail in the Golf Course Easement Agreement. Except as set forth in the Golf Course Easement Agreement, an Owner shall have no special rights to the use and enjoyment of the Golf Course Property. ARTICLE III THE ASSOCIATION Section 3.01 -General Duties and Powers. Subject to the limitations and restrictions enumerated in the Association Management Documents, including, without limitation, the Article entitled "Mortgagee Protection" of the Declaration and the Article entitled "Powers, Duties and Limitations" of the Bylaws, the Association, through the 'Board, shall have the duty and obligation to manage and maintain the Covered Property pursuant to the provisions of the Association Management Documents, and in the performance of such duties and obligations shall have all of the powers of a nonprofit mutual benefit corporation permitted by California statute as set forth in Corporations Code Section 7140, Code of Civil Procedure Section 374 and Civil Code Section 1363, or any successor statute of any of the foregoing. Such powers, duties and obligations are more particularly described elsewhere in the Association Management Documents but include, without limitation, the duty and obligation to manage and maintain real and personal property in which the Association holds an interest, the power to borrow money and mortgage Common Area to which the Association holds fee title, dedicate or transfer all or any portion of the Common Area, grant permits, licenses and easements on, over and under the Common Area, sell real or personal property belonging to the Association and enter upon any Lot, as necessary, in the event of any emergency involving illness, maintenance and repairs, or as may otherwise be necessary in the performance of such powers, duties and obligations. The foregoing power of the Association shall also include, without limitation, the right to join with the Declarant in the execution of any lot line adjustment and to accept title to additional property or to transfer all right, title and interest in and to any Common Area as necessary to transfer title in accordance with any lot line adjustment provided that such lot line adjustment and the resulting conveyance are made (i) for the purpose of eliminating encroachments due to engineering errors or errors in construction of any Improvements upon any of the affected property, (ii) to permit changes in the development plan in circumstances where such changes are the result of topography, WPN:4651V 05/01/91 20 obstruction, hardship, aesthetic or other environmental conditions, (iii) are the requirement of a regulatory agency, (iv) do not have a significant negative impact upon the Association or the Owners, or (v) to transfer the burden of management and maintenance of any Common Area which in the reasonable judgment of the Board is generally inaccessible or is not likely to be of any particular use or benefit to the Owners. Section 3.02 -Power of Attorney. In addition to any other rights, duties, obligations and powers granted to the Association herein, and not in limitation of any such rights, duties, obligations and powers, each Owner appoints the Association as attorney-in-fact for the purpose of handling any losses or proceeds from condemnation, destruction of the Common Area and the Common Facilities therein and any other portion of the Covered Property maintained by the Association and the Improvements therein, or the liquidation'bf the Association. All such proceeds shall be retained in.the general funds of the Association except as specifically provided in the Articles entitled "Destruction of Improvements" and "Eminent Domain" of this Declaration. Section 3.03 -Association to Defend. In the event that a lawsuit is filed against a majority of the Owners, or a lien is levied against a majority of the Lots, the Association, upon a majority vote of: (i) the Owners named as defendants or (ii) those Owners whose Lots are covered by the lien, shall defend such lawsuit or seek to cause such lien to be removed. The costs of such litigation or removal shall be a Special Assessment against all Owners joined as defendants in such lawsuit or whose property is covered by the lien, provided, however, that in the event that an insurance carrier is obligated to provide such defense under a policy of insurance carried by the Association, the Association shall be relieved of the obligation to provide such defense. Nothing contained herein shall in any way limit the rights of any Owner or Owners to retain counsel of their choice to represent them in such lawsuit at their own expense. In such event such Owner or Owners shall not be relieved of liability for the Special Assessment provided for in this Section. Section 3.04 -Membership. Membership of Owners shall be appurtenant to and may not be separated from the interest of such Owner in any Lot. A Member may own more than one membership in the Association by complying with the qualifications of membership as to more than one (1) Lot. Section 3.05 -Transfer. The membership held by any Owner shall not be transferred, pledged or alienated in any way, except that such membership shall automatically be transferred to the transferee of the interest of an Owner required for WPN:4651V 05/01/91 21 membership. Any attempt to make a prohibited transfer of membership is void and will not be reflected upon the books and records of the Association. In the event of a valid transfer or sale of a Lot, however, the Association shall have the right to record the transfer upon the books of the Association without any further action .or consent by the transferring Owner. Section 3.06 -Delegation of Membership Rights. A Member who has leased or sold his or her Lot to a contract purchaser under an agreement to purchase shall be entitled to delegate to such lessee or contract purchaser, as applicable, his or her membership rights in the Association. Such delegation shall be in writing and must be delivered to the Board before such lessee or contract purchaser may exercise the rights of a Member, including, without limitation, the right to vote. However, the lessor or contract seller shall remain liable for all charges and Assessments attributable, to his or her Lot as long as such lessor or contract seller continues to be an Owner. Section 3.07 -Voting Rights. All voting rights shall be subject to the restrictions and limitations provided in the Association Management Documents. A Member's right to vote shall vest immediately upon the date Regular Assessments are levied against the Lot of such Member. Except as provided in the Article entitled "Enforcement of Bonded Obligations" of the Declaration, wherever a provision of the Association Management Documents requires the approval of the voting power of the Members, it shall be deemed to mean: (a) as long as there is a Class B membership, the vote of the prescribed percentage of the voting power of each class of membership; and (b) after the Class B membership has been converted to Class A membership, the vote of the prescribed percentage of the voting power of the Association, as well as the vote of a prescribed percentage of the voting power of Members other than Declarant. Section 3.08 -Classes of Membership. The Association shall have two (2) classes of voting membership. Class A. Class A Members shall be all Owners, with the exception of the Declarant, until the Class B membership has been converted to Class A membership. After such conversion all Owners shall be Class A Members. Class B. The Class B Member shall be Declarant. The Class B membership shall forever cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: WPN:465lV 05/01/91 22 (a) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (b) the second anniversary of the original issuance of the Final Subdi vis.ion Public Report for the Development. Section 3.09 -voting Power. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership and the Class B Member shall be entitled to three (3) votes for each Lot in which it holds the interest required for membership. When more than one person owns a portion of the interest in a Lot required for membership, each such person shall be a Member and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall the total number of votes for each Lot exceed the total number permitted for such Lot as provided in this Section. The Asuociation may, but shall not be obliged to, refuse to recognize the vote or w.+itten assent of any such co-Owner, except the vote or written as'sent of the co-Owner designated in a writing executed by all of such co-Owners and delivered to the Association. Section 3.10 -Approval of All Members. Unless elsewhere otherwise specifically provided in this Declaration, any provision of this Declaration which requires the vote or written assent of either the voting power of the Association or of Members other than Declarant shall be deemed satisfied by the following: (a) The vote in person or by proxy of the specified percentage of all of the votes which are entitled to be cast. Said vote shall be at a meeting duly called and noticed pursuant to the provisions of the Bylaws dealing with annual or special meetings of the Members; (b) written consents signed by the specified percentage of all of the votes which are entitled to be cast. Said vote by written consent shall be solicited pursuant to the procedures provided in the Bylaws. Nothing in this Section or in any other provlslon of any of the Association Management Documents shall preclude Members from assenting to the amendment of any of the Association Management Documents by joining in the execution of, or attaching their written consent to, such amendment. Section 3.11 -Certificate Evidencing Approval. The certificate of any officer or officers authorized by resolution of the Board or of the president and secretary certifying that the required voting power of the Association has approved the execution, delivery and/or recordation of an amendment to any WPN:4651V 05/01/91 23 of the Association Management Documents, a Supplementary Declaration or any other document requiring the approval of the voting power of the Association shall be deemed conclusive proof thereof. ARTICLE IV ASSESSMENTS Section 4.01 -Agreement to Pay. Subject to limitations contained in the Association Management Documents, the Association shall levy Assessments sufficient to perform its obligations under the Association Management Documents. Each Owner, including the Declarant (to the extent Declarant is an Owner as defined herein), is deemed to covenant and agree to pay to the Association, Assessments to be fixed, established and collected from time to time as provi~ed in this Declaration. Section 4.02 -Collection and Disbursement. Funds of the Association collected for the purpose of maintaining a reserve fund described in this Declaration shall be segregated in the Budget, shall be maintained in a separate district account at a banking or savings and loan institution and shall not be commingled with the general operating funds of the Association. The accounting records of the Association shall reflect deposits and disbursements in a manner that will insure that the funds collected as Capital Improvement Assessments, Reconstruction Assessments, Special Assessments and Regular Assessments will be used only for the purposes for which such funds were collected. Section 4.03 -Maximum Assessments. The Board may not, without the vote or written assent of Members constituting a quorum (casting a majority of the votes at a meeting or election of the Association) impose a Regular Assessment per Lot which is more than twenty percent (20%) greater than the Regular Assessment for the immediately preceding fiscal year. (a) Assessment for Other Acts or Undertakings. In any fiscal year, the Board may not, without the vote or written assent of Members constituting a quorum and casting a majority of the votes at a meeting of the Association, levy an Assessment to defray the costs of any action or undertaking on behalf of the Association which in the aggregate exceed five percent (5%) of the Common Expenses of the Association for that fiscal year. (b) Ouorum and Meeting. For purposes of this Section, a quorum means more than fifty percent (50%) of the voting power of the Association. Any meeting or election of the Association for the purposes of complying with this Section shall be WPN:465lV 05/01/91 24 conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title 1 of the California Corporations Code and Section 7613 of the California Corporations Code. (c) Emergency Situations. Notwithstanding any other provision contained in this Section, the Bo~rd may increase Assessments necessary for emergency situations. For purposes of this Section, an emergency situation is anyone of the following: (i) an extraordinary expense required by an order of a court; (ii) an extraordinary expense necessary to repair or maintain the Covered Property or any part of it for which the Association is responsible where a threat to personal safety on the property is discovered;' (iii) an extraordinary expensi ~ecessary to repair or maintain the Covered Property or any part of it for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the Budget. However, prior to the imposition or collection of an Assessment under this section, 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. In the event the Board shall determine that the estimate of total charges for the current year is, or will become inadequate to meet all Common Expenses for any reason, it shall then immediately determine the approximate amount of such inadequacy, issue a supplemental estimate of the Common Expenses, and to the extent permitted in this Section 4.03, determine the revised amount of the Regular Assessment and the installments thereof, if applicable, allocable to each Lot, and the date or dates when due. In the event the amount budgeted to meet Common Expenses for the then current year proves to be excessive in light of the actual Common Expenses, the Board in its discretion may either reduce the amount of the Regular Assessment or may abate collection of Regular Assessments as it deems appropriate, except that: (i) subject to the provisions of Section 4.07(a) which provide for the exemption of the payment of any portion of any Assessment attributable to uncompleted Common Area and the Common Facilities thereon, or (ii) subject to a determination by the Board to reduce the hours of guard service from twenty-four (24) hours per day to twelve (12) hours per day (or any lesser number of hours) until WPN:4651V 05/01/91 25 the occupancy of the first custom home on a Lot, as long as the Declarant is offering Lots for sale pursuant to a Final Subdivision Public Report, the Regular Assessment may not be decreased by ten percent (10\) or more without the express written consent of the Declarant and the DRE. Section 4,04 -Excessive Assessments and Fees. shall comply with Section 1366.1 and 1368(c) of Civil Code and, until such Sections are amended otherwise, shall not: The Association the California to provide (a) impose or collect an Assessment, penalty or fee that exceeds the amount necessary for the purposes for which it is levied; and (b) impose or collect any Assessment, penalty or fee in connection with a transfer of title or any other interest except the Association's actual cost to change its records and that authorized in connection with providing copies of Association Management Documents, copies of financial statements and statements of unpaid Assessments and Allowable Charges, as described in the Bylaws. Section 4.05 -Assessment Allocation. Regular Assessments, Capital Improvement Assessments, Reconstruction Assessments and Special Assessments levied against all Lots for an act or undertaking of the Association not covered under any of the foregoing Assessments, shall be fixed at an equal amount for each Lot. Special Assessments levied against a Lot to cover the cost of the Association of maintenance of the Lot prior to the commencement of construction of a custom home thereon shall be levied in an equal amount for each Lot upon which such maintenance work is performed. All Assessments may be collected at intervals selected by the Board except that Regular Assessments which include reserves must be paid in regularly scheduled installments. Section 4.06 -Not Subject to Lien. Penalty Assessments may not be characterized nor treated as an Assessment which may become a lien against an Owner's Lot enforceable in accordance with the Section entitled "Foreclosure Sale" of the Article entitled "Enforcement of Assessment Liens" of this Declaration. Nothing in this Declaration, however, shall prevent the Association from bringing an action at law or in equity against an Owner to collect Penalty Assessments. Section 4.07 -Certificate of Payment. The Association shall, within five (5) days of written request therefor, furnish to any Owner liable for Assessments a certificate in writing WPN:46SlV 05/01/91 26 signed by an authorized agent of the Association or by the president of the Association setting forth whether the Assessments on such Owner's Lot have been paid, and the amount of delinquency, if any. A reasonable charge may be collected by the Board for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any Assessment therein stated to have been paid. Section 4.08 -Exempt Property. Reduction or Abatement of Assessments. The Declarant and any other Owner shall be exempted from the payment of that portion of any Assessment: (a) which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of Common Area and the Common Facilities thereon that is not complete at the time Assessments commence. Any exemption from the payment of Assessments attributable to a Common Area and the Common Facilities thereon shall be in'effect only until the earliest of the following events: (i) a Notice of Completion of the Common Area and the Common Facilities thereon has been recorded; (ii) the Common Area and the Common Facilities thereon has been placed into use; or (iii) upon request of the Declarant if necessary to comply with any regulations of any Federal Agencies; or (b) which is the result of an abatement or reduction of Assessments by the Board in accordance with terms of any subsidy and/or maintenance agreement entered into by the Association and Declarant. (c) All properties dedicated to and accepted by, or otherwise owned or acquired by, a public authority shall be exempt from the Assessments created herein. Section 4.09 -Date of Commencement. The Regular Assessments shall commence with respect to all Lots on the first day of the month following the first conveyance of a Lot. The first Regular Assessment shall be adjusted according to the number of months remaining in the fiscal year. All other Assessments may be levied against an Owner when Regular Assessments have commenced against such Owner's Lot. Section 4.10 -No Offsets. All Assessments shall be payable in the amount specified by the Assessment, and no offsets against such amount shall be permitted for any reason. Section 4.11 -Homestead Waiver. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens WPN:4651V 05/01/91 27 created pursuant to this Declaration, whether such liens are now in existence or are created at any time in the future, the benefit of any homestead or exemption laws of the State of California now in effect or in effect from time to time hereafter. ARTICLE V ENFORCEMENT OF ASSESSMENT LIENS Section 5.01 -Delinquency. Any Assessment provided for in this Declaration which is not paid shall be delinquent fifteen (15) days after such Assessment was due, and Allowable Charges may be recovered if an Assessment becomes delinquent. The Association may, at its option, and without waiving the right to judicially foreclose its lien against the Lot, pursue any available remedies, including, without rimitation, bringing an action at law or in equity against th~ Owner personally obligated to pay the same, and/or, upon compliance with the notice provisions set forth in the Section entitled ·Personal Obligation Lien" of this Article, foreclosing the lien against such Owner's Lot under the power of sale granted herein. Each Owner vests in the Association, or its assigns, the right and power to bring all actions at law or equity including, without limitation, any lien foreclosure against such Owner or other Owners for the collection of such delinquent Assessments. Section 5.02 -Personal Obliqation Lien. An Assessment and any Allowable Charges shall be a debt of the Owner of the Lot at the time the Assessment or Allowable Charges are levied. The amount of the Assessment, plus any Allowable Charges, shall be a lien on the Owner's Lot. The Notice of Delinquent Assessment, recorded in the Official Records shall state: (i) the amount of the Assessment and Allowable Charges; (ii) a description of the Owner's Lot against which the Assessment and Allowable Charges are levied: (iii) the name of the record Owner of the Lot against which the lien is imposed, and (iv) in order for the lien to be enforced by nonjudicial foreclosure as hereinafter provided, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment shall be signed by the officers authorized for such purpose by resolution of the Board or by the president of the Association. Upon payment of the sums specified in the Notice of Delinquent Assessment, the Association shall cause to be recorded a further notice stating the satisfaction and release of the lien thereof. A lien created pursuant to this Section shall be prior to all other liens recorded subsequent to the Notice of Delinquent Assessment, except (i) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (ii) the lien or charge of any First Mortgage. WPN:4651V 05/01/91 28 Section 5.03 -Foreclosure Sale. Said lien created pursuant to this Article may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment, or sale by a trustee substituted pursuant to Section 2934a of the California Civil Code, or any successor statute thereof. Any sale by a trustee provided for above is to be conducted in accordance with the provisions of Sections 2924 et seg. and Section 1367 of the California Civil Code as said statutes may from time to time be amended, applicable to the exercise of powers of sale in mortgages and deeds of trust. Upon the affirmative vote of a majority of the voting power of the Association, the Association, through its duly authorized agents, shall have the power to bid on the Lot, using Association funds, or funds borrowed for such purpose, at the sale, and to acquire and hold, lease, mortgage and convey the same. Nothing in this Section prohibits actions against any Owner to recover sums for which a lien is created pursuant to this Article or prohibits the Association from taking a deed in .. lieu of foreclosure. Section 5.04 -Subordination of Assessment Liens. The lien of the Assessments and Allowable Charges provided for in this Declaration shall be subordinate to the lien of any First Mortgage upon any Lot. The foreclosure of any lien provided for in this Article for the payment of Assessments and Allowable Charges shall not operate to affect or impair the lien of a First Mortgage; and the foreclosure of the lien of a First Mortgage or the sale under a power of sale included in such First Mortgage (such events being hereinafter referred to as "Events of Foreclosure") shall not operate to affect or impair such Assessment lien, except that any persons who obtain an interest through any of the Events of Foreclosure, and the successors in interest, shall take title free of such Assessment lien or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the Assessment lien for all said charges that shall accrue subsequent to the Events of Foreclosure. Notwithstanding the foregoing, any such delinquent Assessments that were extinguished pursuant to this paragraph may be reallocated and assessed to all Lots as a Common Expense. A First Mortgagee's rights pursuant to this Section shall not be affected by the failure of such First Mortgagee to deliver a notice to the Board. The lien of the Assessments and Allowable Charges as aforesaid shall also be subordinate to the interests of the Department of Veterans Affairs of the State of California as the vendor under its Cal-Vet loan contracts to the same extent that the said liens are made subordinate to the liens or charges of First Mortgages as provided above. WPN:465lV 05/01/91 29 ARTICLE VI USE RESTRICTIONS Section 6.01 -Residential Use. Subject to the subsection entitled ·Construction and Sales" of the Section entitled "Reservations to Declarant" of the Article entitled "Easements and Other Rights Over the Covered Property and Golf Course Property" and the Section entitled "Special Rights of Declarant" of the Article entitled "General Provisions" of this Declaration: (a) no part of a Lot shall be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or any nonresidential purpose and, (b) all Lots shall be used for single Family residential use. Notwithstanding the above: (a) the Association shall have the right to provide or authorize non-residential services on the Common Area as it deems appropriate for the enjoyment of the Common Area or for the benefit o~ the Members, and (b) an Owner may maintain an office and conduct business activity within his or her Lot provided that: (i) there is no external evidence of such activity; (ii) such activities are conducted in conformance with all applicable governmental ordinances; (iii) the patrons or clientele of such activities do not visit the Lot or park automobiles or other vehicles within the Covered property; (iv) the existence or operation of such activities is not apparent or detectable by sight, sound or smell from outside of the boundaries of the Lot; (v) no such activity increases the liability or casualty insurance obligation or premium of the Association; and (vi) such activities are consistent with the residential character of the Covered Property and conform with the provisions of this Declaration. Section 6.02 -Signs. No sign or billboard of any kind shall be displayed to the public view on any portion of the Covered Property except (i) such signs as may be used by Declarant or its sales agents in connection with the development of the Covered Property and sale of the Lots, (ii) signs which comply with any applicable provisions of the Design Guidelines which are installed or displayed by the Association, and (iii) temporary signs installed by contractors or subcontractors within a Lot to which the contractor or subcontractor provides goods and/or services, provided that such signs comply with any applicable provisions of the Design Guidelines and shall be promptly removed by the contractor or subcontractor upon the completion of its work. Notwithstanding the above limitations, an Owner may display on his or her Lot a Sign advertising the sale or lease of his or her Lot so long as such sign complies with any customary and reasonable standards promulgated by the Board as to the size, color, shape or other qualification for permitted signs. The Declarant shall repair any damage to or WPN:4651V 05/01/91 30 complete any restoration of the Covered Property caused or necessitated by the display of signs by Declarant or its sales agents within a reasonable time after the occurrence of such damage or need for restoration. Section 6.03 -Nuisance. .No noxious or offensive trade or activity shall be permitted upon any part of the Covered Property, nor shall anything be done thereon which shall in any way interfere with the quiet enjoyment of each Owner's respective Lot, or which shall in any way increase the rate of insurance on any other Lot or the Covered Property. No plants or seeds infected with insects or plant diseases, shall be brought upon, grown or maintained upon any part of the Covered Property. No motorcycles, dirt bikes or other mechanized vehicles may be operated upon any portion of the Common Area not improved as a street, without the prior written approval of the Board, which approval may be withheld for any reason whatsoever. Alarm devices used exclusively to protect the security of a Lot or an automobile and its contents, shall be permitted, provided that such devices do not produce annoying sounds or conditions as a result of frequently occurring false alarms. No rifle, shotgun, pistol, revolver or firearm of any kind shall be shot, fired or discharged anywhere within the Covered Property. No explosive of any kind shall be detonated anywhere in the Covered Property, except to the extent permitted by Local Government and then only upon the issuance of any required permit{s) by the Local Government and/or other governmental agencies having jurisdiction. Section 6.04 -HazardQus Material. No Hazardous Material shall be stored or permitted upon any portion of the Covered Property except if in compliance with any and all applicable laws, regulations, rules and standards of the County and any other governmental body. No Hazardous Material may be disposed of in a manner contrary to Section 6.12 hereof or the terms and conditions of the Golf Course Easement Agreement. Section 6.05 -Noises and Noxious Odors. No exter'ior speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smokey vehicles, unlicensed off-road motor vehicles or items whiCh may unreasonably interfere with the television or radio reception of any Lot, shall be located. used or placed on any portion of the Covered Property. or exposed to the view of other Owners without the prior written approval of the Architectural Control Committee. No loud noises or noxious odors shall be permitted to emanate from the Covered Property. The Board shall have the right to determine. in accordance with the provisions for hearing and notice set forth in the Bylaws, if any noise. odor. interference or activity producing such noise, odor or interference constitutes a nuisance. WPN:4651V 05/01/91 31 Section 6.06 -Temporary Structures. A construction trailer, temporary storage shed and temporary on site sanitary facilities approved by the Architectural Control Committee shall be permitted upon a Lot during the period of time that a residential dwelling is being constructed upon such Lot. Upon the completion of construction of the residential dwelling, the temporary structures and facilities shall be promptly removed. Except for the above described temporary structures and facilities, no structure or facility of a temporary character, trailer, tent, shack, barn or other out-building shall thereafter be used on any Lot at any time, either temporarily or permanently. Section 6.07 -Vehicles. (a) No vehicles shall be parked within those portions of the Common Area which consist of the private streets (Lots H and L of Tract No. 14063) and the guard bouse lot (Lot 59 of Tract No. 14063) which have been posted with signs and/or other identification identifying such areas as a "No Parking" zone. (b) Except for temporary parking as provided in this Section, no commercial vehicle, shall hereafter be permitted to remain upon the Covered Property unless placed or maintained within an enclosed area, or unless obscured from the view of adjoining Lots, streets, and alleys by a solid wall or fence or appropriate screen, nor permitted to be parked on any street, alley, or any other portion of the Covered Property. Parking recreational vehicles and equipment shall not be permitted. (c) No automobile, commercial vehicle or any other motorized vehicle may be dismantled, rebuilt, repaired, serviced or repainted on the Covered Property unless performed within a completely enclosed garage or other structure located on a Lot which completely screens the sight and sound of such activity from streets, Common Area and neighboring Lots. (d) As used in this Section: (i) "recreational vehicle or equipment" shall include, without limitation, trailers, boats, campers, trailer coaches, buses, house cars, camp cars, motor homes (if a size larger than seven (7) feet in height and/or greater than one hundred twenty-four (124) inches in wheel base length), or any other similar type of equipment or vehicle, (ii) "commercial vehicle" shall be defined as a truck of greater than three-quarter (3/4) ton capacity, and (iii) temporary parking shall mean temporary parking for washing and polishing of vehicles and activities related thereto, temporary parking for loading and unloading of vehicles, parking of vehicles belonging to guests of Owners and temporary parking of commercial vehicles being used in the furnishing of services to the Association or the Owners. WPN:4651V 05/01/91 32 (e) The Board may adopt rules for the regulation of the admission and parking of vehicles within the Covered Property, including the assessment of Penalty Assessments to Owners who violate, or whose invitees violate, such rules. Such rules may permit parking of recreational and commercial vehicles and equipment for limited periods of time on a non-recurring basis. Section 6.08 -Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept upon the Covered Property, except that dogs, cats or other household pets not to exceed two (2) animals in number (or a greater number approved by the Board) may be kept on the Lots, provided they are not kept, bred or maintained for any commercial purpose. Notwithstanding the foregoing, no animals may be kept on the Lots which animals in the good faith judgment of the Board, or a committee selected by the Board for this purpose, create any threat of harming, annoying or being obnoxious to residents in the vicinity. All animals permitted to be kept by this Section shall be kept on a leash when on any portion of the Covered Property except when contained within the animal Owner's Lot. Any Owner shall be absolutely liable to each and all remaining Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Covered Property by an Owner or an Owner's family members, tenants or guests; and it shall be the absolute duty and responsibility of each such Owner to clean up after such animals which have used any portion of the Common Area or any portion of another Owner's Lot. Notwithstanding any of the foregoing, these restrictions shall not be interpreted in such a manner so as to permit the maintenance of any animals which are not permitted to be maintained in the Covered Property under the ordinances of the Local Government. Section 6.09 -Oil and Mineral Rights. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in the Covered Property nor, subsequent to the recording of this Declaration, shall oil wells, tanks, tunnels, or mineral excavations or shafts be installed upon the surface of the Covered Property or within five hundred (500) feet below the surface of the Covered Property. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon the Covered Property. Section 6.1Q -Unsightly Items. All weeds, rubbish, debris, or unsightly material or objects of any kind shall be regularly removed from the Lots and shall not be allowed to accumulate thereon. All weeds, rubbish, debris or other unsightly materials or objects, until so removed from a Lot, shall be kept in sanitary trash or refuse containers located in appropriate areas screened and concealed from view, and no odor shall be permitted to arise therefrom so as to render the WPN:465lV 05/01/91 33 Covered Property, or any portion thereof, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants. Such trash or refuse containers shall be exposed to the view of neighboring Lots only when set out for a reasonable period of time not to exceed twenty-four (24) hours before and aft~r scheduled trash collection hours. Any fence or screen required by this Section shall comply with the Design Guidelines. All clotheslines, woodpiles, storage areas, machinery and equipment shall be prohibited upon any Lot unless obscured from the view of adjoining streets and portions of the Covered Property from a height of six (6) feet or less. There shall be no exterior fires whatsoever except barbecue fires contained with receptacles therefor and fire pits in the enclosed yards designed in such a manner that they do not create a fire hazard. Section 6.11 -Antennae: Roof Structures, No television, radio, or other electronic towers, aerials, antennae or devices of any type for the reception or transroission of radio or television broadcasts or other means of communication shall hereafter be erected, constructed, placed or permitted to remain on the Covered Property unless the same be contained within a building or underground conduits. No other appliances or installations on exterior roofs of structures including, without limitation, roof-top turbine ventilators, shall be. permitted unless they are installed in such a manner that they are not visible from streets, Common Area, or neighboring Lots, except that chimneys, attic ventilators and solar panels which are in conformity with the Design Guidelines and Custom Lot Declaration and which have been approved by the Architectural Control Committee pursuant to the provisions of the Article entitled "Architectural Control" of this Declaration shall be permitted. Section 6.12 -Drainage. All drainage of water from any Lot shall drain or flow into adjacent streets or alleys and shall not be allowed to drain or flow upon, across, or under any other portion of the Covered Property unless an easement for such purpose is grant~d. An Owner shall not alter the drainage of water which exists pursuant to the drainage plan originally created at the time of the initial sale of that Owner's Lot by Declarant except through the use of a positive drainage device which does not materially affect the concentration or flow direction of drainage water under said drainage plan in the opinion of and pursuant to an approval by the Architectural Control Committee. No Owner shall at any time dispose of any Hazardous Material into the drainage devices located on his or her Lot. Section 6.13 -Garage~. No garage doors shall be permitted to remaln open except for a temporary purpose, and the Board may adopt rules for the regulation of the opening of garage doors, WPN:4651V 05/01/91 34 including the assessment of Penalty Assessments to Owners who violate or whose invitees violate such rules. Section 6.14 -Window Covers. Curtains, drapes, shutters or blinds may be installed as window covers. No window shall be covered with aluminum foil, newspapers or other material not designed for use as a window cover. Section 6.15 -Leases. Any agreement for the leasing or rental of a Lot (hereinafter in this Section referred to as a "lease" or "rental agreement") shall provide that the terms of such lease shall be subject in all respects to the provisions of the Association Management Documents and any applicable agreements between the Association and any of the Federal Agencies. Said lease shall further provide that any failure by the lessee thereunder to comply with the terms of the foregoing documents shall be a default under the lease. All leases or rental agreements shall be in writing. The Own&r of said leased or rented Lot has the duty and obligation to furnish the Board with the name or names of the individuals currently leasing or renting said Lot and to maintain with the Association a record of the current mailing address of said Owner. Any Owner who leases or rents his or her Lot shall be responsible for assuring compliance by such Owner's lessee or renting party with the Association Management Documents. No Lot shall be leased for transient or hotel purposes, which shall be defined as rental for any period less than thirty (30) days or any rental whatsoever if the occupants of the Lot are provided customary hotel services such as room service for food and beverage, maid service, furnishing laundry and linen and bellboy service. Section 6.16 -View. Each Owner, by acceptance of a deed or other conveyance of a Lot, acknowledges that the growth of landscaping, the addition of landscaping, or any construction of Improvements by Declarant, the Association or any other Owner, or any owner of any other property, including, but not limited to, the Golf Course Owner, may impair or obstruct any view that such Owner may have enjoyed at the time of the purchase of his or her Lot and such Owner hereby acknowledges that any rights acquired in the Lot do not include the preservation of any view and further consents to such obstruction and/or impairment. Section 6.17 -Insurance Rates. Nothing shall be done or kept in the Covered Property which will increase the rate of insurance on any property insured by the Association without the approval of the Board, nor shall anything be done or kept in the Covered Property which would result in the cancellation of insurance on any property insured by the Association or which would be in violation of any law. WPN:4651V 05/01/91 35 Section 6.18 -Further Subdivision. No Owner shall further partition or subdivide his or her Lot including, but not limited to, the creation of a separate subdivided lot, a condominium or time share interest. Notwithstanding the preceding sentence, the Owner shall not be limited and shall have the right: (i) to rent or lease all or any portion of his or her Lot by means of a written lease or rental agreement subject to the restrictions of this Declaration, so long as the Lot is not leased for transient, hotel or other commercial purposes; (ii) to sell his or her Lot; or (iii) to transfer or sell any Lot to more than one person to be held by them as tenants-in-common, joint tenants, tenants by the entirety or as community property. The terms of any such lease or rental agreement shall be subject in all respects to the provisions of the Association Management Documents, and any failure by the lessee of such Lot to comply with the terms of the Association Management Documents shall constitute a default under the lease. " Section 6.19 -Uses of Golf Courses. Hotels and Other Adjacent Property. The Golf Course Property immediately adjacent to the Covered Property is proposed to be developed and operated by the Golf Course Owner as a portion of a golf course facility, available for use by the public. Except as set forth in the Golf Course Easement Agreement, an Owner shall have no special right to the use and enjoyment of the Golf Course Property. Although it is contemplated that the Golf Course Property will continue to be operated as a portion of a golf course facility, there is no assurance and Declarant expressly disclaims any obligation to any Owner to so continue to operate and maintain the Golf Course Property. The use of the Golf Course Property is limited by the terms and conditions of the Scenic Easement and Scenic Highway Easement which permit uses for the Golf Course Property other than as a golf course facility such as recreation, tourist, commercial and open space purposes. In connection with the operation of the Golf Course Property, and other property adjacent to the Covered Property, the Owner is advised that the use and enjoyment of his or her Lot may be impacted by the following activities: (a) Ingress and egress by patrons over the Golf Course Property and that portion of the Common Area consisting of a portion of the guard house lot (Lot 59 of Tract No. 14063) at the entrance to the Covered Property outside of the entry gate which is shown and described in greater detail on Exhibits E and E-l to the Golf Course Easement Agreement by pedestrian means and by golf carts in connection with the use and enjoyment of the Golf Course Property and by the Golf Course Owner by pedestrian and vehicular means in connection with the maintenance or improvement of the Golf Course Property; (b) errant golf balls which may enter upon the Covered Property (as provided for in the Golf Ball Easement); WPN:4651V 05/01/91 36 (c) occasional inadvertent overspray (which may include reclaimed water) from irrigation systems located within the Golf Course Property pursuant to the Golf Course Easement Agreement; (d) occasional noise associated with the use and enjoyment of the Golf Course Property by partrons and by spectators and by the maintenance thereof by the Golf Course Owner; and (e) use of the Golf Course Access Path by Owners and by residents of residential developments known as Cameo Shores and Cameo Highlands for access to the Bluff Top Trail. The location of the Golf Course Access Path may be modified by the Golf Course Owner as described in the Golf Course Easement Agreement. Section 6.20 Public Bluff Top Trail. Eaqh Owner, by the acceptance of a grant deed conveying a Lot to the Owner, shall be deemed to have acknowledged and a~reed that the Declarant, the Golf Course Owner, and the owner of the Bluff Top Trail make no warranty or representation, express or implied, of any kind whatsoever with respect to the condition of the Bluff Top Trail and/or the Golf Course Property and the Owner shall be deemed to have released the Declarant, the Golf Course Owner and the owner of the Bluff Top Trail from any liability with respect thereto. without limiting the generality of the foregoing, the Declarant, the Golf Course Owner, and the owner of the Bluff Top Trail expressly disclaim any warranty, representation or covenant with respect to, or liability for (i) grading, erosion or slope failure within the Bluff TOp Trail and/or the Golf Course Property, (ii) ground water flooding and/or ground water pollution within the Golf Course Property or Bluff Top Trail, (iii) the condition of any fences, walls, landscaping, hardscape, paths, bulkheads and/or beaches within the Golf Course Property and/or Bluff TOp Trail, (iv) soil and/or surface subsidence and the results of tidal action and accretion or erosion within the Golf Course Property and/or Bluff Top Trail, and (v) the ability to continually use the Bluff Top Trail. The State of California may impose rules and regulations upon the use of the Bluff Top Trail or the use of Crystal Cove State Park, including, but not limited to, the requirement to obtain a use permit which may include the payment of a user fee. A natural erosion study for the Golf Course Property entitled "Review of Setback Distance For vista Trail System Along Proposed Cameo Del Mar Residential Development, Tentative Tract 11542" (Project No. 1800837-04), dated January 15, 1986, has been prepared by Leighton and Associates, and a copy has been delivered by the Declarant to the Association for retention by the Association with its records. WPN:4651V 05/01/91 37 A potential Owner is encouraged to review and become familiar with this study prior to entering into a contract to purchase any Lot. . ARTICLE VII REPAIR AND MAINTENANCE Section 7.01 -By Association. Except to the extent that an Owner may be obligated to maintain and repair as hereinafter provided, and without limiting the generality of the statement of duties and powers contained in the Association Management Documents, the Association, acting through its Board and its officers, shall have the duty to accomplish the following upon the Covered Property or other land in such manner and at such times as the Board shall prescribe: (a) manage, operate, control, maintain, repair, restore, replace and make necessary improvements to the Common Area, including, without limitation, the following: (i) private streets, walkways, the Beach Access Path, and other pedestrian paths. No such maintenance, repair, replacement or restoration work shall involve the installation of any obstructions within the private streets (Lots Hand L of Tract No. 14063) or the modification of any speed bumps or the alteration of any parking plan as initially established by the Declarant for the Covered Property without the prior written approval of the Fire Chief of the County; (ii) slopes, retaining walls, landscaping and appurtenant irrigation and drainage improvements; (iii) cUl-de-sac islands; (iv) the guardhouse, communication systems, and entry gate with related mechanisms. No such maintenance, repair, replacement or re~toration work of the guardhouse shall involve a modification of the design, height, color, style or other exterior feature from that as initially established by the Declarant. For the purpose of providing an overall uniform program in the operation and appearance of guard gate facilities within the overall Newport Coast Project, the Association shall maintain the guard gate hours of operation, guard communications systems and rules and regulations covering guard uniforms and demeanor consistent with those initially established by Declarant as same may be revised from time to time by the Newport Coast Community Association, a California nonprofit mutual benefit corporation, and provided to the Association. No such WPN:465IV 05/01/91 38 maintenance, repair, replacement or restoration work shall involve the alteration of the configuration of the entry gate at the entrance to the Covered Property as initially installed by the Declarant without the prior written approval of the Fire Chief of the County; (v) streetlights to the extent not otherwise maintained by the Orange County Street Lighting Assessment District -Zone 1; (b) maintain, repair, replace and restore a portion of the Drainage Improvements depicted on Exhibits B and B-1 subject to the terms and conditions of this Declaration and the Golf Course Easement Agreement; (c) maintain, repair, replace and restore the structural integrity and exterior surface (facing Common Area) of the masonry wall which is located on or adjacent to the rear yard property line of the Lots and which, ~n part, surrounds the Covered Property, any tubular steel fencing installed thereon by the Owner on the top of the low rise stucco wall located along the rear yard property line of his or her Lot pursuant to the Design Guidelines, and the gate at the point designated to permit limited ingress and egress to the Golf Course Access Path (including the lock therein but excluding the access key mechanism), all of which are shown on Exhibit C attached hereto and incorporated herein pursuant to the terms and conditions of this Declaration and the Golf Course Easement Agreement. This maintenance may include either removal by the Association of any tempered glass windscreen installed by the Owner of the Lot over the tubular steel fencing or the requirement that each Owner remove and replace such windscreen. In connection with such maintenance, the Association and all Owners shall be prohibited from installing any gate within the walls or fencing located within the rear yard area of any Lot or from modifying any of the walls or fencing from the type, height or color as initially installed by the Declarant or an Owner or install tubular steel fencing of a type, height or color which is inconsistent with the type described in the Custom Lot Declaration and Design Guidelines; (d) maintain, repair, replace and restore the Community Entry including, but not limited to: (i) the guard house lot and entry court (Lot 59 of Tract No. 14063), (ii) the streetscape and other landscaping, together with any appurtenant irrigation system improvements (to the extent the improvements are a part of an irrigation system serving the Common Area) which is shown on Exhibit D attached hereto, (iii) the entry statement together with any appurtenant electrical or lighting lines and fixtures which is shown on Exhibits E and E-l attached hereto, (iv) the entry walls shown on Exhibit C, and (v) the guard parking area located within Lot B of Tract WPN:4651V 05/01/91 39 No. 14063, pursuant to the terms and conditions of this Declaration and the Golf Course Easement Agreement; (e) maintain, repair, replace and restore the trees, landscaping and any appurtenant irrigation systems (to the extent commonly metered to the Association) and sidewalk located within the streetscape zone of each Lot which is depicted on Exhibit F attached hereto; provided, however: (i) each Owner shall maintain his or her mailbox located within the streetscape zone of his or her Lot, and (ii) in the event that an Owner shall, pursuant to an approval of the Architectural Control Committee, relocate the street trees as described in greater detail in the Design Guidelines, and, in connection with such work, damage the streetscape trees or otherwise damage the streetscape zone, the Association shall restore the irrigation system and groundcover landscaping within the streetscape zone and shall replace any damaged street trees within the streetscape zone with matched specimens and the Owner shall reimburse the Association for all cosu·, associated with such work. The Association may seek reimbursement from any construction deposit held by the Association or, in the absence or inadequacy thereof, may impose a Penalty Assessment against the Owner; (f) maintain, repair, replace and restore the landscaping located between the property line of certain Common Areas (Lots C, D and G of Tract No. 14063) and the side and rear yard stucco wall which is set back a distance which varies from approximately two (2) feet to ten (10) feet from the rear and side yard property lines of Lots 47 to 51, inclusive, and Lots 26 to 38, inclusive, of Tract No. 14063, as shown on Exhibit D attached hereto; (g) maintain, repair, replace and restore the tubular steel insert and the exterior stucco surface whiCh faces the Beach Access Path and the structural integrity of the privacy walls located on the common property lines between the Beach Access Path and Lots 21 and 22 of Tract No. 14063 and the exterior surface facing Common Area and structural integrity of the masonry wall located adjacent to the side and rear yard property line of Lot 47 of Tract No. 14063 and the rear yard property line of Lot 48 of Tract No. 14063 shown on Exhibit C; (h) maintain a particular Lot until the commencement of construction as described in the Section entitled "Maintenance By Association Prior to Permit" of the Article entitled "Maintenance and Landscaping" of the Custom Lot Declaration; and (i) maintain all other areas, facilities, equipment, services or aesthetic components of whatsoever nature as may from time to time be requested by the vote or written consent of a majority of the voting power of the Association. WPN:465lV 05/01/91 40 The maintenance by the Association of landscaping shall comply with: (i) the Landscape Standards, (ii) the Landscape Maintenance Criteria for Pelican point, and (iii) the Landscape Guidelines, as such terms are defined in the Custom Lot Declaration. Landscape maintenance shall include the periodic pruning of trees. Subject.to the terms of the Landscape Maintenance Criteria and Landscape Guidelines, any decision made by the Association concerning maintenance, including a decision to prune any such trees, may be taken by the Association acting through the Board in its discretion without consultation with or approval by any Member. Association maintenance shall incorporate the recommendations set forth in the inspection reports for the Common Area and other areas maintained by the Association which are prepared in accordance with the requirements set forth in the Bylaws. The costs of any such maintenance and repair pursuant to this Section shall be a Common Expense except as otherwise ~pecified in this Declaration or the Custom Lot Declaration. Section 7.02 -By Qwner. (a) Except to the extent provided by the Association as described in Section 7.01(h) above, each Owner shall at all times maintain his or her Lot in a clean, debris and weed free condition in accordance with the Design Guidelines. (b) Each Owner shall commence and complete the installation of yard landscaping upon all portions of the yard of his or her Lot which are unimproved and visible from a street or Common Area pursuant to plans and specifications approved by the Architectural Control Committee concurrently with the construction of a custom home upon the Lot. (c) Each Owner shall maintain all Improvements upon his or her Lot which are not maintained by the Association in good condition and repair in accordance with the Design Guidelines, any Association Rules and, if required by such Design Guidelines or the Association Rules, only after approval of the Architectural Control Committee. Maintenance by the Owner shall include any matters identified in the inspection reports prepared by the Association for the Common Area and other areas maintained by the Association, a copy of which has been provided to the Owner, as described in greater detail in the Bylaws, to the extent that such report may identify a condition which is located within the Owner's Lot which is the responsibility of the Owner. All slopes and terraces on any Lot shall be maintained as to prevent any erosion thereof upon adjacent streets or adjoining property. The Owner shall not overwater landscaping within his or her Lot. The rear yard drainage devices installed by the Declarant within the rear yard area of a Lot shall be periodically flushed by the Owner with clean water on not less than a quarterly basis. No Owner WPN:465lV 05/01/91 41 shall remove, install any gate within or otherwise modify the stucco walls within the rear yard area of his or her Lot which have been initially installed by the Declarant. Except for any tubular steel section and windscreen installed by the Owner pursuant to the Design Guidelines, no Owner shall install any wall or fence or otherwise modify or install any gate in any such Owner-installed tubular steel fence. The Owner shall maintain in a clean and attractive condition any tempered glass windscreen and appurtenant hardware installed by the Owner in compliance with the Design Guidelines and pursuant to the approval of the Architectural Control Committee. (d) The Owners shall maintain the stucco surface of the party wall or stucco surface of side yard wall facing his or her respective Lot located on or adjacent to the common property line with the Beach Access Path, the Common Area slope, or the Golf Course Property at such Owner's sole expense. / (e) In the event the Board shall··determine that any portion of the Covered Property required to be maintained by the Association has been damaged or destroyed by any intentional, negligent or malicious act or omission of any Owner, his or her guests, tenants, servants, agents or invitees, such Owner shall be responsible for the cost of repairing such damage in accordance with the Article entitled "Discipline of Members· of the Bylaws. Any increase in insurance payable by the Association which is the result of damage by any intentional, negligent or malicious act or omission of a particular Owner, or any of such Owner's guests, employees, licensees, agents or invitees, shall also be paid by such Owner. The Board shall have the power to levy a Penalty Assessment against such Owner for the cost of repair or for an amount equal to any such increase in premium. section 7.03 -Noncomoliance by owner. In the event that an Owner fails to accomplish any installation, maintenance or repair required by this Article, the Board shall give notice to the Owner describing the deficiency and setting a date for a hearing before the Board or a committee selected by the Board for such purpose. The procedure for such notice and hearing and for the correction of the violation is described in the Article entitled ·Discipline of Members· of the Bylaws. section 7.04 -Maintenance of Public Utilities. Nothing contained herein shall require or obligate the Association to maintain, replace or restore the underground facilities or public utilities which are located within easements in the Common Area owned by such public utilities. WPN:4651V 05/01/91 42 Section 7.05 -Transfer of COmmon Area. (a) The Common Area within a Phase shall be conveyed to the Association prior to or concurrently with the first conveyance of a Lot located within such Phase. Declarant shall convey the Common Area to the Association free of all liens and encumbrances except current real property taxes and special taxes and assessments (which taxes and special assessments shall be prorated as of the date of conveyance), title exceptions of record or apparent, and the covenants, conditions, reservations and restrictions contained in this Declaration and the instrument which conveys the Common Area to the Association. Subject to the terms of any maintenance agreement between the Association and Declarant which has been approved by the DRE, the Association shall be deemed to have accepted the obligation to maintain the Common Facilities upon the Common Area and any other Improvements required to be maintained by the Association within any Phase (i) when such Improvements have been completed in substantial conformance with the Plans and specifications therefor and (ii) when Regular Assessments have commenced upon the Lots within such Phase. The issuance of a certificate by the architect who designed any such Common Facilities stating that such Common Facilities are in sUbstantial conformance with such plans and specifications shall be satisfactory evidence of such completion. The Association shall release Declarant from the Bond defined in the Article entitled "Enforcement of Bonded Obligations· of this Declaration as to any Common Facilities accepted for maintenance as provided above. (b) Declarant, its subcontractors and the agents and employees of the same, shall have the right to come on the Common Area to complete the construction of any landscaping or other Improvement to be installed on the Common Area. Notwithstanding any other provision of this Declaration, in the event that Declarant's subcontractors are contractually obligated to maintain the landscaping and/or other Improvements on the Common Area, such maintenance shall not be assumed by the Association until the termination of such contractual obligation. If any excess of Assessments collected over actual Common Expenses incurred by the Association is caused by reason of construction or maintenance pursuant to this Section, such excess shall be placed in a reserve to offset the future expenses of the Association in any manner designated by the Board, or the Board, in its discretion, may elect to abate the collection or reduce the Regular Assessments pursuant to Section 4.03 hereof. WPN:4651V 05/01/91 43 ARTICLE VIII ARCHITECTURAL CONTROL Section 8.01 -Architectural Control COmmittee. The Architectural Control Committee shall consist of not less than three (3) nor more than five (5) persons as fixed from time to time by resolution of the Board. The Declarant shall initially appoint the Architectural Control Committee. The Declarant shall retain the right to appoint, augment or replace all members of the Architectural Control Committee until one (I) year after the date of the issuance of a Final Subdivision Public Report covering the Initial Covered Property. The Declarant shall retain the right to appoint, augment or replace a majority of the members of the Architectural Control Committee, until five (5) years after the date of the issuance of said Final Subdivision Public Report, or until ninety percent {90\} of the Lots within the Development have been conveyed by the Declarant, whichever Shall first occur, at which time the right to appoint, augment or replace all members of the Architectural Control Committee other than the "Declarant's Representative" (defined hereinbelow) shall automatically be transferred to the Board (hereinafter, the "Turnover Date") unless, if upon the date which is five (5) years after the date of issuance of said Final Subdivision Public Report, less than eighty percent (80\) of the Lots within the Development has been conveyed by the Declarant, then the Turnover Date shall be extended and Declarant shall retain the right to appoint a majority of the members of the Architectural Control Committee until eight (8) years after the date or issuance of said Final Subdivision Public Report, or until ninety percent (90\) of the' Lots within the Development has been conveyed by the Declarant, whichever shall first occur, at which time the Board shall assume the right to appoint all members of the Architectural Control Committee except for any "Declarant's Representative", as defined below. If, on the Turnover Date, plans and specifications for the initial improvement of each Lot with a custom home have not been approved by the Architectural Control Committee, Declarant shall retain the right to appoint one (I) person ("Declarant's Representative") to the Architectural Control Committee until the completion of construction upon each Lot of a residential dwelling in compliance with the approved plans and specifications approved by the Architectural Control Committee, at which point in time the Board shall assume the right to appoint all members of the Architectural Control Committee. As long as Declarant has the right to appoint some but not all of the members of the Architectural Control Committee, the Board shall have the right but not the obligation to fill the remaining vacancies on the Architectural Control Committee. Persons appointed by the Board to the Architectural Control Committee must be Members; however, persons appointed by WPN:465lV 05/01/91 44 Declarant to the Architectural Control Committee need not be Members, in Declarant's sole discretion. The address of the Architectural Control Committee shall be the address established for giving notice to the Association. Such address shall be the place for the submittal of plans and specifications and the place where the current Design Guidelines shall be kept. Section 8.02 -Architectural Standards. Subject to the right of the Declarant to approve any amendments thereto as described in subparagraph (e) below, the Board may, from time to time, adopt and promulgate, by majority vote, Design Guidelines to be administered through the Architectural Control Committee. No such amendment to the Design Guidelines shall be effective if it conflicts with or is otherwise inconsistent with the Custom Lot Declaration or this Declaration. The Design Guidelines may include, among other things, those restrictions and limitations upon the Owners set forth below. (a) Time limitations for the completion of the Improvements for which approval is required pursuant to the Design Guidelines. (b) Conformity of completed Improvements to plans and specifications approved by the Architectural Control Committee; provided, however, subject to the terms and conditions of any separate instrument recorded against a Lot by the Declarant and the Owner thereof which may require the express approval of the Architectural Control Committee, purchasers and encumbrancers of a Lot in good faith and for value shall be deemed to be in compliance with approved plans and specifications and in compliance with the Design Guidelines unless notice of noncompletion or nonconformance specifying the reason for the notice shall be filed of record against such Lot in the Official Records within one (1) year of the expiration of the time limitation described in subsection (a) above, or unless legal proceedings shall have been instituted to enforce compliance or completion within said one (1) year period. The Owner to whom a notice of noncompletion or noncompliance has been issued shall be bound by such notice regardless of whether such notice has been filed of record in the Official Records. Each Owner hereby is deemed to have consented to and authorized the recordation against his or her Lot of such a notice of noncompletion or nonconformance executed by duly authorized officers or by the president and secretary of the Association. (c) Subject to the provisions of subparagraph (e) below, such other limitations and restrictions on Improvements as the Board in its reasonable discretion shall adopt, including, without limitation, the regulation of the placement, kind, shape, materials, species and location of any Improvement and the height of any Improvement in connection with the review of plans and specifications for proposed Improvements, including WPN:4651V 05/01/91 45 without limitation, a procedure for and approval of preliminary and final plans and drawings, the number of sets of plans to be submitted and provisions for notice to be given to affected Owners of the nature of the proposed Improvements. Unless any such rules are complied with, such plans and specifications shall be deemed not submitted. (d) A description of the Improvements which, if completed in conformity with the Design Guidelines, do not require the approval of the Architectural Control Committee. (e) Until the completion of construction of a residential dwelling upon each Lot in conformance with the approved plans and specifications. any amendment to the Design Guidelines shall require the written approval of the Declarant. Section 8.03 -Functions of Architectural Control Committee. (a) It shall be the duty of the Ar,chitectural Control Committee to consider and act upon proposals or plans submitted pursuant to the terms of the Declaration or the Design Guidelines, and to perform such other duties delegated to it by the Board. (b) Subject to the right of Declarant's Representative described hereinbelow to approve plans and specifications for the initial construction of a residential dwelling upon a Lot, the Architectural Control Committee may delegate its plan review responsibilities to one or more members of such Architectural Control Committee. Upon such delegation, the approval or disapproval of plans and specifications by the persons to whom such responsibilities were delegated shall be equivalent to approval or disapproval by the entire Architectural Control Committee. (c) Notwithstanding the foregoing. as long as any [the majority of the] members of the Architectural Control Committee are appointed by Declarant, members of the Architectural Control Committee appointed by the Declarant shall have the absolute right to (i) limit their responsibility and obligations to the review of plans and specifications on a selective basis, either by designating the kinds of Improvements that require review and approval by such members of the Architectural Control Committee or by limiting the review and approval of such members only as to design, appearance, or other like considerations, and deferring all other considerations of review and approval to the members of the Architectural Control Committee appointed by the Board. (ii) abstain from voting and defer the determination as to approval and disapproval to the members of the Architectural Control Committee appointed by the Board, or (iii) delegate all or any portion of the plan review WPN:465lV 05/01/91 46 and approval or disapproval responsibilities to the members of the Architectural Control Committee appointed by the Board. Section 8.Q4 -Approval of Plans. (a) No Improvements shall be made upon the Covered Property except in compliance with plans and specifications therefor which have been submitted to and approved by: (i) a majority of the Architectural Control Committee, (ii) approval of the Owner of an adjacent Lot if the Improvements involve a side yard wall or fence or other Improvements as provided for in the Design Guidelines, and (iii) after the Turnover Date, the approval of any Declarant's Representative on the Architectural Control Committee if the plans and specifications for the Improvements consist of the initial custom home constructed on a Lot. (b) The Architectural Control Committee shall review plans and specifications submitted for its .. approval as to style, exterior design, appearance and location and shall approve such plans and specifications only if it deems that the proposed Improvement will not be detrimental to the appearance of the Development as a whole; that the Improvement complies with the Design Guidelines; that the appearance of any Improvements will be in harmony with the surrounding structures; that the construction of any Improvement will not detract from the beauty and attractiveness of the Development or the enjoyment thereof by the Owners; and that the upkeep and maintenance of any Improvement will not become a burden on the Association. The Architectural Control Committee may (i) determine that such Improvement cannot be approved because of its effect on existing drainage, utility or other easements, (ii) require submission of additional plans and specifications or other information or materials prior to approving or disapproving plans and specifications submitted, or (iii) condition its approval of plans and specifications for any Improvement on such changes therein as it deems appropriate such as, and without limitation, the approval of such Improvements by a holder of an easement which may be impaired thereby or upon approval of any such Improvement by the appropriate governmental entity. Any Architectural Control Committee approval conditioned upon the approval by a governmental entity shall not imply the Association is enforcing any government codes or regulations, nor shall the failure to make such conditional approval imply that any such governmental agency approval is not required. (c) In the event the Architectural Control Committee fails to approve or disapprove such plans and specifications within forty-five (45) days after the same have been duly submitted in accordance with any rules regarding submission stated in the Design Guidelines or adopted by the Architectural Control WPN:4651V 05/01/91 47 Committee, such plans and specifications will be deemed disapproved. In the event of a disapproval, the Owner may resubmit the plans and specifications. If the Owner resubmits the plans and specifications, the Architectural Control Committee shall have thirty (30) days from the receipt thereof to review and either approve or disapprove same. Failure by the Architectural Control Committee to approve or disapprove such plans and specifications within this subsequent thirty (30) day period will be deemed the approval thereof. section 8.05 -Custom Lot Declaration. Golf Course Easement Agreement. In addition to the provisions of this Declaration, all Lots, Common Area, and plans and specifications for any Improvement to be constructed in the Covered Property shall be subject to and must comply with the Custom Lot Declaration and the rights reserved to the Golf Course Owner in the Golf Course Easement Agreement, including, without limitation the right to review and approve or disapprove plans ahd specifications for certain Improvements. Section 8.06 -Nonliability for Approval. Plans and specifications are not approved for (a) engineering design, (b) compliance with zoning and building ordinances, and other applicable statutes, ordinances or governmental rules or regulations, (c) compliance with the requirements of any public utility, (d) compliance with any easements or other agreement, or (e) preservation of any view. By approving such plans and specifications neither the Architectural Control Committee, the members thereof, the Association, the Owners, the Board, the Declarant, nor agents, representatives, employees, attorneys or consultants of any of the foregoing, assume liability or responsibility therefor, or for any defect in any Improvement constructed from such plans and specifications or for any obstruction or impairment of view caused or created as the result of any Improvements approved by the Architectural Control Committee. Section 8.07 -Appeal. In the event plans and specifications submitted to the Architectural Control Committee are disapproved thereby after an affirmative act of disapproval by the Architectural Control Committee (but not due to the expiration of the forty-five (45) day period described in Section 8.04(c», the party or parties making such submission may appeal in writing to the Board. The written appeal must be received by the Board not more than fifteen (15) days following the receipt by the Owner of the final decision of the Architectural Control Committee, or it will not be considered. The Board shall submit such appeal to the Architectural Control Committee for review, whose written recommendations are to be submitted to the Board. Within forty-five (45) days following receipt of the appeal, the Board shall render its written decision. The failure of the Board to render a decision within WPN:465lV 05/01/91 48 said forty-five (45) day period shall be deemed a decision in favor of the appealing party. Section 8.08 -Evidence of Approval. If, for any reason, the Architectural Control Committee, after being notified by the Owner of the completion of an Improvement, fails to cause an inspection to be made within either: (a) forty-five (45) days of the receipt by the Architectural Control Committee of such notice or (b) any shorter applicable time period provided in the Design Guidelines for particular submissions in connection with the construction of a custom home on a Lot, the Improvement shall be deemed to be completed in SUbstantial conformance with approved plans and specifications. Upon satisfactory completion, an Owner may request, and thereupon shall be entitled to receive, an executed and notarized notice of compliance executed by any person or persons authorized by resolution of the Board or by the presid~nt and secretary of the Association. Such notice of compliance shall be conclusive evidence of compliance with the provi~ions of this Article as to the Improvements described in the notice. Section 8.09 -Nonconformity. In the event an Improvement was commenced without the required approval of the Architectural Control Committee, or, if such Improvement was not completed in substantial conformance with the approved plans and specifications, the Architectural Control Committee shall correct the violation in accordance with the procedure described in the Article entitled ·Discipline of Members· of the Bylaws. Section 8.10 -Variances. The Board may authorize a variance from compliance with the Design Guidelines when circumstances such as topography, natural obstructions, hardship, aesthetic, or environmental consideration may require such variance; provided, however, that: (a) no variance from the use restrictions contained in the Article entitled ·Use Restrictions· of this Declaration may be granted, (b) no variance shall be inconsistent with or conflict with the covenants, conditions, restrictions and reservations set forth in this Declaration or the Custom Lot Declaration, and (c) until the completion of construction of a residential dwelling upon each Lot in conformance with the approved plans and specifications, no variance may be granted without the prior written approval of the Declarant. In addition, no variance shall be inconsistent with the rights reserved to Declarant or the Golf Course Owner under the Golf Course Easement Agreement. Written evidence of such variance must be delivered to such Owner, and a copy of the resolution of the Board authorizing such variance must be retained in the permanent records of the Association. If such variances are granted, no violation of the covenants, conditions, restrictions and reservations contained in the Association Management WPN:4651V 05/01/91 49 Documents shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of the Association Management Documents for any purpose, except as to the particular Lot and particular provision of this Article covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all government laws and regulations affecting use of the Lot including, but not limited to, zoning ordinances and lot setback lines or requirements imposed by any governmental or municipal authority. ARTICLE IX INSURANCE Section 9.01 -Obligation to Insure. Th~'Association shall obtain and maintain ill effect insurance, and fidelity bond coverage in the amounts and with endorsements deemed adequate by the Board which shall be not less than the coverages hereinafter required in this Section. In addition, the Association shall obtain such additional endorsements and coverage meeting the requirements established by any of the Federal Agencies for planned developments when any such Federal Agency first becomes and as long as it continues to be either a Mortgagee, Owner, insurer or guarantor of a Mortgage within the Covered Property, except to the extent such coverage or endorsements are not available or have been waived in writing by the applicable Federal Agencies. (a) Public Liability Insurance. The comprehensive public liability insurance policy shall insure the Association against any liability incident to the ownership or use of the Common Area or any other areas under the supervision of the Association and the use of owned, non-owned or hired vehicles. The limits of such insurance shall not be less than One Million Dollars ($1,000,000) for claims arising out of a single occurrence for bodily injury, deaths of persons, personal injury, and property damage. Coverage under this policy shall include, without limitation, liability of the insureds for property damage, bodily injury, deaths of persons, and personal injury in connection with the operation, maintenance or use of the Common Area and other areas under the operation, control or maintenance of the Association and use by its Members and legal liability arising out of lawsuits related to employment contracts of the Association. If such policy does not include ·severability of interest" in its terms, a specific endorsement will be required precluding the insurer from denying the claim of an Owner because of negligent acts of the Association or other Owners and such other coverage in kinds and amounts required by WPN:465lV 05/01/91 50 private institutional mortgage investors for projects similar in construction, location and use. (b) Property Insurance. The policy of property insurance shall cover all of the insurable Improvements upon the Common Area and other areas and Improvements thereon under the control, operation or maintenance of the Association, including fixtures and building service equipment that are part of the Common Area as well as common personal property and supplies belonging to the Association. The policy shall be in an amount equal to one hundred percent (100%) of the current replacement cost, without deduction for depreciation or coinsurance, of all of the property covered by the policy. Such insurance must afford protection against at least loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, and such other perils which are customarily covered an~'required by private institutional mortgage investors with respect to similar planned development projects in the area of the Covered Property, including all perils normally covered by the standard "all risk" endorsement. The policy shall name as insured the Association, for the use and benefit of the Owners. (c) Fidelity Bonds. The blanket fidelity bond shall cover losses resulting from dishonest or fraudulent acts on the part of anyone who handles or is responsible for funds held or administered by the Association, including, without limitation, directors, officers, trustees, employees or volunteers of the Association. Where the Association delegates some or all of the responsibility for the handling of funds to a management agent, fidelity bonds are required for such agent's officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Association. A management agent who handles funds for the Association shall also be covered by its own fidelity bond which must provide the same coverage required by the Association and must submit evidence of such coverage to the Association. The Association shall be named as an additional obligee in the management agent's bond. The fidelity bond should cover the maximum funds that will be in the custody of the Association or its management agent at any time while the bond is in force. In addition, the fidelity bond shall be written in an amount equal to three (3) months' aggregate Regular Assessments on all Lots, including reserves. Fidelity bonds shall name the Association as obligee and shall contain waivers of any defense based on the exclusion of persons who serve without compensation from any definition of "employee" or similar expression. (d) thereof and for Flood Insurance. If the is located within an area which flood insurance has WPN:4651V 05/01/91 Common Area or any portion having special flood hazards been made available under the 51 National Flood Insurance Program (NFIP), the Association shall obtain a policy of flood insurance providing the coverage customarily required by private institutional mortgage investors with respect to similar planned developments in the area of the Covered Property. (e) Worker's Compensation Insurance. The Board shall purchase and maintain in force worker's compensation insurance, to the extent that the same shall be required by law, for all employees of the Association. (f) Mortgage Clause. All insurance policies must have the "standard mortgage clause" or equivalent endorsement providing that coverage of a Mortgagee under the insurance policy will not be adversely affected or diminished by an act or neglect of the Mortgagor, which is commonly accepted by private institutional mortgage investors in the area in which the Covered Property is located, unless such coverage is prohibited by applicable law. A mortgage clause in favor of Mortgagees holding Mortgages on Lots is not required on a policy insuiiiig the Common Area. Section 9.02 -Notice of Cancellation or Modification. All insurance policies and fidelity bonds maintained by the Association must provide that such policies or bonds may not be cancelled, reduced or substantially modified without at least ten (10) days' prior written notice to the Association and, in the case of fidelity bonds, to each mortgage servicing contractor acting on behalf of any of the Federal Agencies. Section 9.03 -Waiver by Owners. All insurance obtained by the Association shall be maintained by the Association for the benefit of the Association, the Owners and the Mortgagees as their interests may appear. As to each of said policies which will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Association, the Board, other Owners, the Declarant and agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by said persons, but only to the extent of insurance proceeds received in compensation for such loss. Section 9.04 -Annual Insurance Review. The Board shall at least annually determine whether the amounts and types of insurance it has obtained provide adequate coverage in light of increased construction costs, inflation, practice in the area in which the Covered Property is located, or any other factor which tends to indicate that either additional insurance policies or increased coverage under existing policies are necessary or desirable to protect the interest of the Owners and of the Association. If the Board determines that increased coverage or additional insurance is appropriate, it shall obtain the same. WPN:4651V 05/01/91 52 ARTICLE X PESTRUCTION OF IMPROVEMENTS Section 10.01 -pefinitions. The following terms used in this Article are defined to mean as follows: (a) -Insured Improvements-shall mean the Improvements on the Covered Property insured under the fire and casualty insurance policy maintained by the Association. (b) -Affected Common Facility" shall mean a partially or totally destroyed Insured Improvement. (c) "Acceptable Range of Reconstruction Cost" shall mean that the amount of the insurance proceeds paid for partially or totally destroyed Insured Improvements together with the amount of any deductible amount designated in the fire and casualty insurance policy maintained by the Association totals at least sixty percent (60\) of the estimated-cbst to repair, replace or reconstruct such partially or totally destroyed Insured Improvements. (d) "Substantial Destruction" shall mean a destruction of Insured Improvements representing at least seventy-five percent (75%) of the current replacement cost value of all Insured Improvements upon the Covered Property. Section 10.02 -Board Action. Improvements are damaged, the action: In the event any Insured Board shall take the following (a) Acceptable Range of Reconstruction Cost. The Board shall ascertain the cost of repair, replacement or reconstruction by obtaining fixed price bids from at least two (2) reputable contractors, which bids shall include the obligation of the contractor to obtain a performance bond, if the Board deems that such bids are necessary or appropriate. The Board shall further have full authority to negotiate with representatives of the insurer and to make settlement with the insurer for less than full insurance coverage on the damage. Any settlement made by the Board in good faith shall be binding upon all Owners. After the settlement has been approved by the Board, any two (2) directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim. (b) Notice of Reconstruction Assessment. The Board shall promptly cause notice to be delivered to all Owners if, during the process of determining the Acceptable Range of Reconstruction Cost, it appears likely that the repair, replacement or reconstruction of a partially or totally WPN:4651V 05/01/91 53 destroyed Insured Improvement will result in the levying of Reconstruction Assessments. Such notice shall specify the estimated amount of any such Reconstruction Assessment. (c) Vote of Members. The Board shall call a special meeting or shall distribute .written ballots to the Owners for action to be taken without a meeting to determine whether or not to proceed with the repair, replacement or reconstruction of partially or totally destroyed Insured Improvements upon the happening of anyone of the following events: (i) a Substantial Destruction; (ii) a determination that the requirements of the Acceptable Range of Reconstruction Cost have not been met; (iii) receipt of a written request of Owners representing at least five percent (5\) of the voting power of the Owners requesting such act~q~; or (iv) failure or inability to make a determination as to the Acceptable Range of Reconstruction Cost within one hundred twenty (120) days of the date of destruction. Section 10.03 -Reconstruction. reconstruction shall commence as anyone of the following events: The repair, replacement or soon as practicable following (a) a determination that the requirements of the Acceptable Range of Reconstruction Cost have been met, except that if Reconstruction Assessments must be levied, such work shall not commence until ten (10) days have elapsed following the delivery of the notice of the Reconstruction Assessment to all Owners. The notice of estimated Reconstruction Assessment required to be delivered to each such Owner as hereinabove provided in this Article shall satisfy this condition if the actual amount of the Reconstruction Assessment does not exceed the estimated amount set forth in the said notice; (b) approval of such action by not less than thirty-three percent (33\) of the voting power of the Members; (c) failure to receive an objection to proceeding with the repa1r, replacement or reconstruction by the required percentage of Eligible Mortgage Holders and Owners required under the Article entitled "Mortgagee Protection" of this Declaration within one hundred twenty (120) days of the date of the destruction. Section 10.04 -Proceeds of Insurance. shall be paid to the Association to be Owners, mortgagees and others as their WPN:4651V 05/01/91 54 All insurance proceeds used for the benefit of respective interests shall appear. In the event any portion of the insurance proceeds were paid to a mortgagee. an amount equal to the amount paid to such mortgagee shall be paid to the Board by the Owners. In the event any Owner fails to pay such amount within thirty (30) days of a written demand therefor by the Association. the Board may levy a Special Assessment against such Owner and his or her Lot for such amount. Section 10.05 -Reconstruction Assessments. If necessary. the Board shall levy a Reconstruction Assessment against the Owners at such time and in such amount determined necessary to cover the costs of repair. replacement or reconstruction in excess of insurance proceeds. Section 10.06 -Compliance with Plans. Any reconstruction undertaken pursuant to this Article shall substantially conform to the original plans and specifications unless other action is approved by a majority of the voting power of the Association. Section 10.07 -Determination of Allocable Proceeds. The amount of insurance proceeds "allocated" or "allocable" to an Affected Common Facility shall be determined pursuant to this Section as follows: (a) In the event the insurance carrier allocates insurance proceeds among Affected Common Facilities and such allocation is approved by the Board. such allocation shall be final and binding upon the Owners and mortgagees. (b) In the event the insurance carrier fails to allocate the insurance proceeds. such allocation shall be determined by multiplying the amount of insurance proceeds available for distribution by a fraction. the denominator of which is the total decrease of M.A.I. appraised fair market value of all of the Affected Common Facilities and the numerator of which is the decrease of M.A.I. appraised fair market value of each such Affected Common Facility. The appraised values shall be determined by an M.A.I. appraiser selected by the Board. Such allocation shall be final and binding on the Owners. the mortgagees and the Association. Section 10.08 -Distribution of Insurance Proceeds. In the event there has been a decision not to repair. replace or reconstruct any partially or totally destroyed Insured Improvements. the Board shall retain the insurance proceeds allocated to each Affected Common Facility in the general funds of the Association. subject to the prior rights of all mortgagees holding mortgages encumbering the particular Affected Common Facility for which such insurance proceeds have been allocated. WPN:4651V 05/01/91 55 Allocable proceeds paid to mortgagees shall be paid in the order of their recorded priority on such Affected Common Facility. Section 10.09 -Payment of Mortgagees. Any insurance proceeds paid to a mortgagee pursuant to this Article shall be paid in the amount required by such mortgagee. but not to exceed the lesser of: (i) the outstanding indebtedness secured by said mortgage. or (ii) the insurance proceeds allocated to such Affected Common Facility as hereinabove provided in this Article. Section 10.10 -Reguirements of Federal Agencies. In addition to the foregoing. the Board must also comply with the requirements of the Article entitled "Mortgagee Protection" of this Declaration as to notice which must be provided to Requesting Mortgagees. Insurers and Guarantors. Notwithstanding the foregoing Sections of this Article. any partially or totally destroyed Improvements will bareplaced or restored substantially to their condition prior to destruction unless there has also been compliance with the requirements of the said Article entitled "Mortgagee Protection." The vote or consent of Eligible Mortgage Holders required under said Article may be solicited concurrently or subsequent to the vote of the Owners required under this Article. ARTICLE XI EMINENT DOMAIN Section 11.01 -Definition of Taking. The term "taking" as used in this Article shall mean condemnation by eminent domain. or by sale under threat thereof. of all or part of the Common Area. Section 11.02 -Representation bv Board. In the event of a taking. the Owners hereby appoint the Board and such persons as the Board may delegate to represent all of the Owners in connection with the taking. The Board shall act in its sole discretion with respect to any awards being made in connection with the taking and shall be entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation action. Section 11.03 -Award. Any awards received on account of the taking of Common Area shall be paid to the Association and shall be retained in the general funds of the Association subject to the prior rights of any mortgagee holding an encumbrance upon any Common Area for which such award has been paid. WPN:465IV 05/01/91 56 Section 11.04 -Inverse Condemnation. The Board is authorized to bring an action in inverse condemnation. In such event, the provisions of this Article shall apply with equal force. Section 11.05 -Reguirements of Federal Agencies. In addition to the requirements of this Article, the Board and the Owners must also comply with the requirements of the Article entitled "Mortgagee Protection" of this Declaration in the event of any taking. ARTICLE XII PARTY WALLS Section 12.01 -Definition. Each wall or fence which is placed on the dividing line between two Lots or a Lot and Common Area shall constitute a party wall and, to the extent not inconsistent with the provisions of this Article and the specific provisions of this Declaration concerning maintenance set forth in the Article entitled "Repair and Maintenance", the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. A party wall shall be considered to adjoin and abut against the property line dividing the Lots or a Lot and Common Area from the bottom of the foundation over the full length and height of any wall or fence. Section 12.02 -Use. The Association, with respect to a wall or fence located on a property line separating Common Area and a Lot, and each of the Owners whose Lots are separated by a party wall, shall equally have the right to use such party wall, except that each shall have the right to the exclusive use of the surface of their side of the wall. Neither such Owner nor the Association shall use any portion of its party wall so as to interfere with the use and enjoyment by the other Owner. Section 12.03 -Sharing of Repair and Maintenance. Except to the extent that the Association or an Owner shall maintain the tubular steel inserts or the surface and structural integrity of the stucco walls, as described in the Sections entitled "By Association" and "By Owner" of the Article entitled "Repair and Maintenance," the cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall or fence in proportion to such use which shall be allocated equally among all Owners. Section 12.04 -Destruction. If a party wall located on a property line separating two (2) Lots is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter makes use of the WPN:465IV 05/01/91 57 wall, such Owner shall contribute to the cost of restoration thereof in proportion to such use, which shall be allocated equally among all Owners who make use of such wall or fence, but without prejudice, however, to the right of any such Owner to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. section 12.05 -Right to Contribution Runs With Land. The right of an Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. ARTICLE XIII ANNEXATIONS Real property may be annezed .. to and become subject to this Declaration by any of the methods set forth hereinafter in this Article, as follows: section 13.01 -Annexation Pursuant to Approval. Upon written approval by (i) Declarant (for so long as Declarant owns any portion of the Covered Property), and (ii) the Association, pursuant to the vote or written assent of seventy-five percent (75%) of the voting power of Members, any person who desires to add real property to the plan of this Declaration and to subject such property to the jurisdiction of the Association, may file or record a Supplementary Declaration. The certificate of any officer or officers authorized by resolution of the Board, or the president and secretary of the Association attached to any Supplementary Declaration recorded pursuant to this Section certifying that the required voting power of the Association has approved the recordation of such Supplementary Declaration shall be deemed conclusive proof thereof. Section 13.02 -Effectuation of Annezation. Upon the satisfaction of all of the conditions contained in the Section entitled "Annezation Pursuant to Approval" of this Article, the recordation of a Supplementary Declaration in the Official Records shall constitute and effectuate the annezation of the Annexed Property described therein, making said Annezed Property subject to this Declaration and subject to the functions, powers and jurisdiction of the Association, and thereafter said Annezed Property shall be part of the Covered Property and all of the Owners of Lots in said Annezed Property shall automatically be Members. The Supplementary Declaration shall incorporate by reference all of the covenants, conditions, restrictions, easements and other provisions of this Declaration, and may contain such complementary additions or modifications of the covenants, conditions and restrictions WPN:465lV 05/01/91 58 in this Declaration as may be necessary to reflect the different character, if any, of the Annexed Property as are not inconsistent with the plan of the Declaration. In no event, however, shall any such Supplementary Declaration revoke, modify or add to the covenants established by this Declaration or by any previously recofded Supplementary Declaration with respect to property covered by this Declaration at the time of the recording of the said Supplementary Declaration. Section 13.03 -Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, which merger or consolidation must be approved by: (i) the Declarant (for so long as the Declarant owns any portion of the Covered Property), and (ii) the vote or written assent of seventy-five percent (75\) of the voting power of Members, the Association's properties, rights and obligations may, by operation of law, be transferred to the surviving or consolidated association, or, alternatively, the properties, rights and obligations of another ass.9<:;iation may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants, conditions and restrictions established by this Declaration within the Covered Property, together with the covenants, conditions and restrictions established upon any other property as one plan. Section 13.04 -peannexation. A portion of the Covered Property may be deleted from coverage of this Declaration by the Declarant as long as (i) no Lot has been conveyed in a transaction that requires the delivery of a Final Subdivision Public Report; (ii) no Common Area within the Covered Property has been conveyed to the Association; and (iii) no Assessments have been levied against any of the Lots. ARTICLE XIV MQRTGAGEE PROTECTION Section 14.01 -Priority of Mortgage Lien. No breach of the covenants, conditions or restrictions, or the enforcement of any lien provisions contained in this 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 said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure, a trustee's sale, or otherwise, with respect to a Lot. Section 14.02 -Curing pefaults. A Mortgagee, or the immediate transferee of such Mortgagee, who acquires title by judicial WPN:4651V 05/01/91 59 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 noncurable 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 noncurable or not feasible to cure shall be final and binding on all Mortgagees. Section 14.03 -Resale. It is intended that any loan to facilitate resale of any Lot after judicial foreclosure, deed in lieu of foreclosure or trustee's sale is a loan made in good faith and for value and the beneficiary under a deed of trust securing such a loan is entitled to all of the rights and protections afforded to other Mortgagees. Section 14.04 -Material Changes. Written approval of sixty-seven percent (67\) of the Eligible Mortgage Holders and sixty-seven percent (67\) of the voting power of the Association is required to amend a material provision of the Association Management Documents shown under subsection (a) of this Section, or to take such other material actions and decisions shown under subsection (b) of this Section. (a) Material Amendment of Association Management Documents. A material provision in any of the Association Management Documents shall be defined as those provisions governing the following subjects: (i) Voting rights; (ii) Assessments, assessment liens, or subordination of such liens; (iii) Reserves for maintenance, repair and replacement of the Common Area; (iv) Responsibility for maintenance and repair of the Covered Property; (v) Right to use of the Common Area; (vi) Boundaries of any Lot; (vii) Convertibility of Lots into Common Area or of Common Area into Lots; (viii) Expansion or contraction of the Covered Property or the addition, annexation or withdrawal of property to or from the Covered Property; (ix) Insurance or fidelity bonds; (x) Leasing of Lots; WPN:4651V 05/01/91 60 (xi) Except as set forth in a separate agreement between Declarant and the OWner of a Lot, which is recorded concurrently with the close of escrow for the sale of the Lot and which, in part, obligates the OWner to commence and complete the construction of a custom home within a prescribed time period, the imposition of any right of first refusal or similar restriction on the right of an OWner to sell, transfer, or otherwise convey such OWner's Lot; and (xii) Any provlslon, which by its terms, is for the express benefit of Mortgagees or insurers or guarantors. (b) Actions and Decisions. A material action or decision by the Association shall be defined as any of the following: (i) Effectuate any decision to.pssume self-management of the Covered Property when professlonal management had been previously required by an EHg-ible Mortgage Holder; (ii) Restore or repair the Covered Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Association Management Documents; (iii) Terminate the legal status of the Development for any reason, including, without limitation, the substantial destruction or condemnation of the Covered Property; (iv) By any act or omission, abandon, partition, sell, alienate, subdivide, release, transfer, hypothecate or otherwise encumber the Common Area; provided, however, (A) the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area, and (B) the granting to an OWner or OWners of exclusive easements over portions of the Common Area or fee interests in portions of the Common Area pursuant to a recorded lot line adjustment approved by the Local Government, so long as each such grant to an OWner is reasonably required for purposes of conformity with the as-built location of Improvements installed by Declarant or an Owner shall not require such approval; (v) Change the method of determining the obligations, Assessments, dues or other charges which may be levied against an OWner; (vi) Use hazard insurance proceeds for losses to any Common Area, for other than repair, replacement or reconstruction; (vii) Fail to maintain fire and extended coverage insurance on the Common Area and the Improvements thereto WPN:4651V 05/01/91 61 in an amount less than one hundred percent (100%) of the insurable value based on current replacement cost; (viii) Waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural deSign or the exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of the Cornmon Area including, without limitation, the party walls or cornmon fences and driveways, or the upkeep of lawns and plantings. An amendment or addition shall not be considered material under this Section if it is for the purpose of correcting technical errors, or for clarification only. An Eligible Mortgage Holder who receives a written request by certified or registered mail with a return receipt requested to approve any addition or amendment described in subparagraph (a) above or to approve any action or decision described in subparagraph (b) above who does not deliver to the requesting party a negative response within thirty (30) days shall be deemed to have approved such request. Section 14.05 -Notice. A Requesting Mortgagee, Insurer or Guarantor shall be entitled to timely written notice of: (a) Destruction or Taking. Destruction, taking or threatened taking of any Cornmon Area and any Improvements thereto or any portion thereof affecting the Mortgage held, insured or guaranteed by such Requesting Mortgagee, Insurer or Guarantor. As used in this Declaration, "damaged" or "taking" shall mean damage to or taking of the Cornmon Area exceeding Ten Thousand Dollars ($10,000). If requested in writing by such Requesting Mortgagee, Insurer or Guarantor, the Association shall evidence its obligations under this subsection in a written agreement in favor of such Requesting Mortgagee, Insurer or Guarantor; (b) Default in Performance. Default in the performance of the obligations imposed by this Declaration by the Owner whose Lot is encumbered by a Mortgage held, insured or guaranteed by such Requesting Mortgagee, Insurer or Guarantor which default remains uncured for a period of sixty (60) days; (c) Lapse. Cancellation or Modification of Insurance. Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (d) Action Requiring Consent. Any proposed action which under the Declaration or the Bylaws requires the consent of a specified percentage of the Eligible Mortgage Holders. Section 14.06 -Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage. WPN:4651V 05/01/91 62 Section 14.07 -Conflicts. In the event of any conflict between any of the provisions of this Article and any of the other provisions of the Association Management Documents, the provisions of this Article shall control. Section 14.08 -Priority of Hortgagee. Nothing in the Association Management Documents shall give an Owner, or any other party, priority over the rights of a First Mortgagee in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of any Common Area. Section 14.09 -Payment of Taxes or Premiums. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Area unless such taxes or charges are separately assessed against the Owners, in which caSe the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may, jOintly o~ singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for the Common Area. Mortgagees making payments pursuant to this Section shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. ARTICLE XV ENFORCEMENT OF BONDED OBLIGATIONS In the event that the Improvements to the Common Area have not been completed prior to the issuance of a Final Subdivision Public Report covering the Covered Property, and the Association is obligee under a bond or other arrangement (the "Bond") to secure performance of the commitment of Declarant to complete such Improvements, the following provisions shall apply: (a) The Board shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any Improvements for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for such Improvements in the planned construction statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within thirty (30) days after the expiration of such extension. WPN:4651V 05/01/91 63 (b) In the event that the Board determines not to initiate action to enforce the obligations under the Bond, or in the event the Board fails to consider and vote on such question as provided above, Members representing not less than five percent (5%) of the total voting power of the Association may present a signed petition to the Board or to the president or secretary of the Association demanding a meeting for the purpose of voting to override such decision or such failure to act by the Board. Such meeting shall be called according to the provisions of the Bylaws dealing with meetings of the Members, but in any event such meeting shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such meeting. (c) The only Members entitled to vote at such meeting of Members shall be the Members other than Declarant. A vote at such meeting of a majority of the voting power of such Members other than 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 this decision by initiating and pursuing appropriate action in the name of the Association. ARTICLE XVI GENERAL PROVISIONS Section 16.01 -Enforcement. The Association or any Owner shall have the right of action against any Owner, and any Owner shall have a right of action against the Association, to enforce by proceedings at law or in equity, all restrictions, conditions, covenants and reservations, now or hereafter imposed by the provisions of the Association Management Documents and/or any amendment thereto, including the right to prevent the violation of such restrictions, conditions, covenants, or reservations and the right to recover damages or other dues for such violation, except that Owners shall not have any right of enforcement with respect to Assessment liens. with respect to architectural control and Association Rules, the Association shall have the exclusive right to the enforcement thereof unless the Association refuses or is unable to effectuate such enforcement, in which case any Owner shall have the right to undertake such enforcement. Section 16.02 -No Waiver. Failure by the Association, by the Declarant or by any Owner to enforce any covenant, condition, restriction or reservation contained in any of the Association Management Documents in any certain instance or on any particular occasion shall not be deemed a waiver of such right on any such future breach of the same or any other covenant, condition, restriction or reservation. WPN:4651V 05/01/91 64 Section 16.03 -Cumulative Remedies. All rights, options and remedies of Declarant, the Association, the Owners or Mortgagees under the Association Management Documents are cumulative, and no one of them shall be exclusive of any other. Declarant, the Association, the Owners and the Mortgagees shall have the right to pursue anyone or all of such rights, options and remedies or any other remedy or relief which may be provided by law, whether or not stated in the Association Management Documents. Section 16.04 -Severability. Invalidation of anyone or a portion of these covenants, conditions, restrictions or reservations by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. Section 16.05 -Term. The covenants, conditions, restrictions or reservations of this Declaration shall run with and bind the Covered Property and shall inure to the b~nefit of and be enforceable by the Association or any Owner, their respective legal representatives, heirs, successo~s and assigns, for a term of sixty (60) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by not less than sixty-seven percent (67\) of the then Owners and not less than sixty-seven percent (67\) of the Eligible Mortgage Holders has been recorded at least one (1) year prior to the end of any such period, agreeing to terminate said covenants, conditions and restrictions. Section 16.06 -Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a plan for the development of a residential community or tract and for the maintenance of the Covered Property. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. Section 16.07 -Number and Gender. Whenever the context of this Declaration requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. Section 16.08 -Nuisance. The result of every act or omission where any provision, condition, restriction, covenant, easement, or reservation contained in this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a private nuisance, shall be applicable against every such result, and may be exercised by the Association or any Owner. Such remedy shall be deemed cumulative and not exclusive. WPN:465lV 05/01/91 65 Section 16.09 -Attorneys' Fees. (a) Adversarial Actions. Should any party institute any action or proceeding (i) to enforce or interpret the Association Management Documents, (ii) for damages by reason of any alleged breach of this Declaration or of any provision thereof, or (iii) for a declaration of rights under the Association Management Documents, the prevailing party in any such action or proceeding shall be entitled to receive from the other party or parties thereto all attorneys' and other fees incurred by the prevailing party in connection with such action or proceeding. (b) Definitions. The term "attorneys' and other fees· shall mean and include actual attorneys' fees (whether by retainer, salary or otherwise), accountants' fees, expert witnesses' fees, and any and all other similar fees, costs and expenses incurred in connection with the'action or proceeding and preparations therefor (which actual fees may be in excess of what a court would determine to be reasonable, had such issue been presented to the court). The term "action or proceeding" shall mean and include actions, proceeds, suits, arbitrations, appeals and other similar proceedings and other nonjudicial dispute resolution mechanisms. Section 16.10 -Notices. Any notice to be given to an Owner, the Association, an Eligible Mortgage Holder or a Requesting Mortgagee, Insurer or Guarantor under the provisions of this Declaration shall be in writing and shall be deemed to have been properly delivered when directed to such addressee at the address furnished by such addressee for the purpose of notice and placed in the United States mail, postage prepaid. Notice to any Owner or the Association may be sent by first class, certified or registered mail. Notice to any Eligible Mortgage Holder, Requesting Mortgagee, Insurer or Guarantor shall be sent by certified or registered mail. Notice to Owners shall also be deemed to have been properly delivered when personally delivered. If no address was furnished by an Owner or the Association for the purpose of notice, the notice to an Owner may be delivered to the principal office of the Association and the street address of such Owner's Lot, and notice to the Association may be delivered to the address of its principal place of business. In the case of co-Owners, notice may be delivered or sent to anyone of the co-Owners on behalf of all co-Owners and shall thereupon be deemed delivered on all such co-Owners. The affidavit of an officer or authorized agent of the Association declaring under penalty of perjury that a notice has been mailed to any Owner or Owners, to any Mortgagee or Mortgagees, to any insurer or guarantor or to all Owners or all Mortgagees, or all insurers or all guarantors to the address or WPN:465lV 05/01/91 66 addresses shown on the records of the Association, shall be deemed conclusive proof of such mailing, whether or not such notices are actually received. Section 16.11 -Conflicts Between Documents. The terms and provisions set forth in this Declaration are not exclusive, as Owners shall also be subject to the terms and provisions of the other Association Management Documents. In the event of a conflict between any proviSions of any of the Association Management Documents with the provisions of another Association Management Document or the Association Rules, the provisions of the Controlling Document named below in the first column shall be deemed to supersede and control the provisions of the Subordinate Document or Documents named below in the second column, to the extent of any such conflict. CONTROLLING DOCUMENTS (a) Custom Lot Declaration (b) Declaration (c) Articles (d) Bylaws (e) Design Guidelines SUBORPI~ATE DOCUMENTS Artieles, Bylaws, Declaration, Design Guidelines, and Association Rules Articles, Bylaws, Design Guidelines, and Association Rules Bylaws, Design Guidelines, and Association Rules Design Guidelines and Association Rules Association Rules Section 16.12 -Effect of Declaration. This Declaration is made for the purposes set forth in the Recitals to this Declaration and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. Section 16.13 -Personal Covenant. To the extent the acceptance or conveyance of a Lot creates a personal covenant between the Owner of such Lot and Declarant or other Owners, such personal covenant shall terminate and be of no further force or effect from and after the date when a person or entity ceases to be an Owner, except to the extent this Declaration may provide otherwise with respect to the payment of money to the Association. WPN:4651V 05/01/91 67 Section 16.14 -Nonliability of Officials. To the fullest extent permitted by law, neither the Board, the Architectural Control Committee, nor other committees of the Association or any member of such Board or committee shall be liable to any Owner or the Association for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith within which such Board, committees or persons reasonably believed to be the scope of their duties. section 16.15 -Construction Bv Declarant. Nothing in this Declaration shall limit the right of Declarant to alter the Common Area or the Lots still owned by Declarant, or to construct such additional Improvements as Declarant deems advisable prior to completion of Improvements upon and sale of the entire Development. Such right shalr include but shall not be limited to, erecting, constructing.· and maintaining on the Covered Property such structures and displays as may be reasonably necessary for the conduct of the business of completing the work and disposing of the same by sale, lease or otherwise. Declarant shall repair any damage to and complete any restoration of the Covered Property caused or necessitated by such activities of Declarant within a reasonable time after the occurrence of such damage or need for restoration. This Declaration shall not limit the right of Declarant at any time prior to acquisition of title by a purchase from Declarant to establish on the Covered Property additional licenses, reservations and/or easements to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Development. Declarant reserves the right to alter its construction plans and designs as it deems appropriate. Declarant shall exercise its rights contained in this provision in such a way as not to unreasonably interfere with the Owners' rights to use and enjoy the Covered Property. . Section 16.16 -Special Rights of Declarant. As long as the easement described in the subsection entitled -Construction and Sales· of the Section entitled -Reservations to Declarant" of the Article entitled "Easements and Other Rights Over the Covered Property and Golf Course Property-of the Declaration remains in effect, (i) Declarant shall not be subject to any provisions of the Association Management Documents pertaining to architectural control and/or use restrictions and (ii) any amendment to any of the following provisions of this Declaration shall require the prior written approval of the Declarant: (a) easements and other rights reserved to the Declarant in Article II of this Declaration, (b) use restrictions set forth in Article VI of this Declaration, and (c) provisions relating to architectural controls set forth in Article VIII of this Declaration. WPN:465lV 05/01/91 68 Section 16.17 -Inapplicability to Government Property. The provisions of this Declaration shall not be applicable to any portion of the Covered Property owned by a governmental entity, authority or agency and held for a public purpose, but shall apply to any Lot owned by such governmental entity, authority or agency. Section 16.18 -Arbitration. Any controversy, dispute, or claim whatsoever arising out of, in connection with, or in relation to the interpretation, performance or breach of any of the provisions of the Association Management Documents, including, without limitation, the validity, scope and enforceability of this arbitration provision, shall be settled, with the consent of all parties to the arbitration, by arbitration conducted in the County in accordance with the then existing rules for commercial arbitration of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered by any State or Federal Court having jurisdiction thereof. The provisions of Section 1283.05 of California Code of Civil Procedure shall apply to such arbitration. Such matters shall be submitted to one (1) arbitrator who shall be a retired judge of the Superior Court of the State of California. If a decision has been made to arbitrate and the parties cannot agree upon an arbitrator, one shall be appointed by the Presiding Judge of the Orange County Superior Court from among the court's list of retired judges of the Superior Court. ARTICLE XVII AMENDMENT PROVISIONS Section 17.01 -Vote of Association. Subject to the other provisions of this Declaration, including, without limitation, the rights of Mortgagees, this Declaration may be amended as follows: (a) Until such time as there is a Class A Membership pursuant to this Declaration, cancellations, amendments or mOdifications shall be effective when executed by Declarant and when recorded in the Official Records. Any Supplementary Declaration may be amended by the owner of the Annexed Property described therein until such time as there has been a conveyance of a Lot within the Annexed Property described in said Supplementary Declaration. Thereafter, any amendments shall require the vote or written assent of seventy-five percent (75\) of the voting power of the Members, shall require compliance with the provisions of the Declaration contained in the Article entitled "Mortgagee Protection" and the Section entitled "Special Rights of Declarant" of the Article entitled "General Provisions." WPN:4651V 05/01/91 69 (b) An amendment or modification that requires the vote and written assent of the Members as hereinabove provided shall be effective when executed by any officer or officers authorized by resolution of the Board or by the president and secretary, who shall certify that the amendment or modification has been approved as hereinabove provided, and when recorded in the Official Records. The notarized signatures of the Members shall not be required to effectuate an amendment of this Declaration. (c) Notwithstanding the foregoing, any provision of the Association Management Documents which expressly requires the approval of a specified percentage of the voting power of the Association and/or of the Declarant for action to be taken under said provision can be amended only with the affirmative vote or written assent of not less than the same percentage of the voting power of the Association and/o~ the Declarant. Section 17.02 -Petition to Amend. The-Association or any Owner may petition the superior court of the County for an order reducing the percentage of affirmative votes necessary to amend the Declaration pursuant to Section 1356 of the California Civil Code, or any successor statute thereof. IN WITNESS WHEREOF, Declarant has executed this instrument the day and year first herein above written. WPN:4651V 05/01/91 THE IRVINE COMPANY, a Michigan corporation B~~~ Its: \ _...L.:._-'-'-~"-"-__ By: 70 STATE OF C"II1.)i f1J"eIJ IA-} COUNTY OF e:i3fi7JG-~ ~ ss. On ~ ~I , 1991, before me, the ~~~:~~!~n,,(J(J2it~(p~itif il ~r ,l~~na:1Y personally known to me or proved to me on the basis of s~ti~fa~tory evidence. ~o be!'the P~::P(s} _~o ~~~ted the Wl. thl.n lnstrument as V,~ ~'(L::£. !t~ t.tSS r ~ on behalf of the corporation that executed the within instrument and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL PATRICE CHURCHill .' NOThRY PU6UC ~ CALlF'Of:::NIA f( ORANGE COUNTY My comm. expires NOV 6, 1992 ' )!o.:,,,,,,",_~~~--~O'"~ ___ ~;_.,,-_~ [Seal] WPN:4651V 05/01/91 71 for LAND USE LEGEND c::J tU1DfNTlAl §-W ItESOIT/COMMUCIAL §3:§u1 1£ TAU. aJJ GOIJ count ~ PARKS EXHIBIT A LAND USE AREA PLAN (> ....... ~~J NAnnAl AHASICANVON$ C!J fII£ STAnoH [I] nwtl/WATU fOUMIO SfAllON o::J !'UtUC 'AkINC;lNAeH ACCISS CIJ POTIJmA1 SCHOOl. Jill --"" NEWPORT ~COAST • i I I '"'0 m C () » z '"'0 o Z -t ,. II") If I IJ" . , / \ \ \ , ;~ I '1 I , " j.' " ,~.,' I . II ) , ~~:7F.'j5;~~: ·;7 ::,~,'c~ll :;V j, ", IJ~ti! ; .. 1 I/'J'" " '! ',l ,"I Iii, . /. I} ~ I¥V,/:'~ I,. .,., .... f.Vr"'!':::i; 1 ,'~,.;: 1;- / /'(':;' 'i ./ " . ~ .... !\' . .iI,.:: I tL J I. h..:; iii"i";;. dill I'"~ ., t /1 .j yl 1(".' t./ t \ "J \ . ~' 'i'" ~I MI'" . 11' ': ~, , "-",'~ j"J .. ,i· 11,1'/, j.'/~ V<, I " / ~ ,J..;," _~ ". _. . ... , IL-~ '-,," " . /-~",I., ~,..:i:, x...A." _#'."':J. y /' j' i": ... ,t.,V ,' .. '. :Io..;:'''F-?' '.'1;, __ ' 'I? ., ;"<~(~~'~'~~"'~~ !I~ ,'-'-:~;~;"'_I"" ~,~~{~~ ,'w y.,,--~J "'''''!l,.~~--," , , PELICAN POINT • me IRVNECXlfJPANV -iF;;"l;.~· .... ·.i_~,~~;oi,'7~:." LEGEND .'" ~ MAIN STORM DIlA.N 8 LATEllAlllNE [i8!] CATCH BASIN Got E WIRSE MAIWAIt4EQ IMPROVEMENTS .< a STORM DIlAIN \ CD DEltNTlON BASIN I, '4'0' ". i l'" "'" . '. . (~::V:'::'<' ~,: ! ..' Ii'JI:"U:"'\..... IOM\ ...... , ASSOCIATION MAINTAINED DRAINAGE IMPROVEMENTS PLAN lM NEWPORT ~COAST Iii if %' ~ '~ CRYSTAL COVE SlATE PARk ,.-"-~.---'---.'-' ,- "'7'''' , ' ~ .. ~ ..... \ ~.~ , _.-.... @ i ., (j) \ •• ~ ... ~.~~ @ @ (}.--'" ••••••• @ @ GOLF COURSE ''''' ' (j) ......... ...,. •••• .,.......... @' ' 'i' (j)t7'®®®> WI .,.. \ \v 0 ® I> W --,,:-:'~ ~ <' • \ \. Co\ t , 1 .,.... 'A" STREfT -_... ~ ~ ." , \" ,,~...,.., " f'" '"~I ",,' ~, @ @~~( · .... ··· .. ""7~·· .... ~· .. ~·~ @ @ ~\" ® \ u ® ~l1.~ @,@,®@®OJ@\ @ \~ '0" SlRE" ® lP I j :' / 7, .r @ ,,~< j,."e." ' , ,fI, II ''', "'SfRm" "" ~'i(.,. @ @ @ @ @@@@@'@ @ @"'~ 6) " @ 'C" ) ........................................................ _ ........ 4'-? @ '/ • ® ............ f l '), ........., ® ~ ............ -, GOLF COURSE -----.. -,---.'--c'jijl,\f6"-'sil0QIS"-R5AO . __ ., _______ ._.,.,_. ___ 'm TRACT NO. 3357 ~]M.J:""I-..J li.lt\t\ PELICAN POINT • TIlE IRVINE ClJMFW.lY LEGEND I-MASONRY P!LASTERS L.',,',] 5' SOLID MASONfN WAlt E~:~,~ 18' MASONRY WALl BLUFF ·TOP TRAIL £NH?Y MQNUMENlAHON WAll REtA!NING WAllS E= 10' GOLF COURSE ACCESS _,~::.:"::J PATH C::7"il CAMEO SHORES & CAMEO C::::~ HIGHlANOS GOLF COURSE ACCESS PATH 1X,,,,,1 c ASSOCIATION MAINTAINED FENCING & WALL PLAN ~ ~ ~ PELICAN tOl '" o CRYSTAL COVE STATE PARK GOLF COURSE (i)@®G)0®®® @ @ @ @ @ Sf .. ,,· •.. )·. ""'''-'''',,-, • _M"'" ~~~,"!,",;;;~~,~" ~, __ u_._' .".-,,,,,* @ ® \ @ @ @ ."". ) LEGEND smff: IS rtma StOPE PI.ANflNG mID SrRHTSCAPE [~~ BEACH ACCESS @ @ @ @ @ ,@ @ "' "'-t .~, \> @ ® ="-, \ ~-----~--.~----.---hMf().-Si.Oiii'S-ROAD-. _'0' -•. ----L --~.:_~ POINT TRACT NO, 335] r..Jn.J:i.......J 1t»-1\ 1"$10 ASSOCIATION MAINTAINED STREETS AND SLOPES PLAN • me RIIINE COIIIPANY , NlWI'(Wl ~I OA.,I i i ~ ~ II '" ''---~""---~~ CRYSTAL COVE STATE PARK GOLF COURSE • f I / " / /' /@!@ ® \~ ®/@/VI@/0/®I®/Wl~/@/@/ 1 .. ,/@ ~'\ 1r' ~,-:-ILZj'Ai4rR1l"c~.~... ( / \ ·~.:r @ / I:;':.J./~ ~ .. " .... (w(.J; /@".""I.@"I;" G /@ @ / ~ .. @ @ @' @/®; I/'\ ® i .. j ...... ;"J ... ~." .. ®]~i:!'~~"""" .. l .. ,. L;"J.,.; : .. " ... :~.\ '.:@@ 0' srRfH (" ) \ \""._ 'F SfREE!,.". 0"';'=""('" '\ "~' •• -\.. ,,' \ .. _."'" ..... ,,_ ... \-.".. '!;il'.. ~ ~ :'''",' , ':''"''''C' \-" \ \ \, \ '\ )~c \i!JI _ "'-" " - \ ® ' --\ \ \ @ '\(~jl @ @ \~,\ @\@.@'\@\]\@\ @ \~ \~ \" """ \.$-\" ® ( ,. \ "\\\\., ,\ \ \ \; \. \ "" . " @ \ ""'" ) \, GOlf COURSE CAMEO---SHORES ROAD-~ ___ ~_~ .. T "w.,.--\ PELICAN POINT • THE IRVI'lE <:DIIM'WN TRACT NO, 3357 \ r!iJn..J:i......J il"llM\ C] l~ [] LEGEND ENTRY STREET £NWY LANDSCAP!NG 10' GOLF CAm PA1H EASEMEN! 10' GOlf COU!~E MA!NTENANCE ACCESS EASEMENT H>IIBI!f ASSOCIATION MAINTAINED ENTRY MONUMENTATION PLAN -..:~\~A~~'~I(I RAN PELICAN POINT • THEIRVN:CDMPANY ---'- !ITillilil t~:· .. t 8 El LEGEND ENTRY STREET ENTRY LANDSCAPING 10' GOLf CART PArH EASEMENT 10' GOLF COURSE MAINTENANCE ACCESS EASEMENT EXH8TE·, fi.)~ ASSOCIATION MAINTAINED ENTRY MONUMENTATfON ENLARGEMENT PLAN .::~~:)~~';)~l CRYSTAL COVE STATE PARk --------// L", < r D 1'0'>\' (j)- ~ i , I ~ 0 0 ~ , I,.l. •• ___ "_,, ___ ,, PELICAN POINT • me fM.IE c:x:JNRW( GOlf COURSE ! ( / / / / ! ® /@/@/@/@ / ! ! ! \@ @\{@ @ GOLF COURSE ® ---------.. CAMEO SHoR£S ROAp·-'-"----- TRACT NO. 3357 \ -'" I \ @ @ '---''''. '.'::~T --",0""_\ t \ 1iJ~ KllM\ LEGEND "LANDSCAPING WlTHIN LOTS (EXClUDES DRIVEWAYS) ~XIiII!Ill ASSOCIATION MAINTAINED LANDSCAPING WITHIN LOTS _Wi N{Wf'ORT 4::?!'COASf 91=255878 WHEN RECORDED l4A!L TO: GIBSON, DUNN & CRUTCHER 800 Newport Center Drive, Suite 600 Newport Beach, CA 92660 ATTN: Br'an R. Kirchoff, Esq. ~ UU Recorded at the request of FIRST AMERICAN IDLE INS. CO. 4:00 P.M. MAY2 3 1991 Official Records Orange County, California ~ a. ~Recorder (Space above th1S line is for Recorder's use only.) RECITALS ARTICLE I 1. 01 1. 02 1.03 1. 04 1.05 1. 06 1. 07 1. 08 1. 09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1. 20 1.21 1.22 1.23 1.24 WPN:9337V 05/01/91 CUSTOM LOT DECLARATION FOR PELICAN POINT TRACT NO. 14063 ORANGE COUNTY, CALI"FORNIA Table of Contents -DEFINITIONS Building Envelope Corrunon Area Corrununity Area Corrununitl Slopes Covered Property Dwelling Excavation Exhibit Fill Finished Pad Elevation Floor Area Ratio or FAR Height Limit Improvement Landscape Guidelines Landscape Maintenance Criteria Landsca~a Standards Lot OWner Regulations Residential Dwelling Square Footage Residential Dwelling Unit Second Story Building Envelope Setback ,<rea Single Story Building Envelope (i) I 2 2 2 3 3 3 3 3 3 3 3 4 4 4 5 5 5 5 5 5 5 6 6 6 7 TO 1. 25 1. 26 1. 27 ARTICLE II 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 Streetscape Supplementary Custom Lot Declaration Tract No. 14063 -BUILDING AND LANDSCAPING RESTRICTIONS Governmental Regulations Architectural Control in Association General Architectural Character Landscaping Standards Location of Residential Dwelling Unit and Other Improvements in the Building Envelope and Setback Area Height of Dwelling and Other Improvements Height of Landscaping Roofs, Exterior Wall Surface$ Grading, Excavation and Fill', and Drainage Enforcement of Building and Landscaping Restrictions View Disclaimer Right of Entry 7 7 7 7 7 8 8 8 8 10 13 14 14 16 17 17 ARTICLE III -MAINTENANCE AND LANDSCAPING 17 3.01 Maintenance by Association Prior to Permit 17 ARTICLE IV 4.01 4.02 4.03 ARTICLE V - 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 5.12 5.13 Exhibits EXHIBIT A - EXHIBIT B - EXHIBIT C - EXHIBIT D - WPN:9337V 05/01/91 -ANNEXATION AND DEANNEXATION Annexation or Deannexation Supplementary Custom Lot Declaration Mergers or Consolidations GENERAL PROVISIONS Enforcement No Waiver Severability Covenants to Run with the Land; Term Construction Number and Gender Notices Effect of Custom Lot Declaration Personal Covenant Nonliability of Officials; Approval of Plan priority of Mortgage Lien Arbitration Amendments Lot Setback Areas Lot and community Landscape Palettes Landscape Maintenance Criteria Permitted Floor Area Ratio categories -Lots 1 through 46, inclusive, of Tract No. 14063 (H) 18 18 18 19 19 19 19 19 19 20 20 20 20 20 20 21 21 21 CUSTOM LOT DECLARATION FOR PELICAN POINT ORANGE COUNTY, CALIFORNIA n, THIS CUSTOM LOT DECLARATION is made this /d~ day of l!~t ' 1991, by THE IRVINE COMPANY, a Michigan corp rat10n (here1nafter "Declarant"), w1th reference to the following facts: RECITALS A. Declara~t is the fee owner of the real property described as Lots I to 55. inclusive. and Lots 59. C. D. G. H. I. J and L of Tract No. 14063. in the unincorporated territory of the County of Orange. State of California. per map filed in Book 670. at Pages 23 through 29. in2ihsive. of Miscellaneous Maps in the Office of the County Recorder of said County (hereinafter the ·Covered Property"). B. Declarant is concurrently recording against the Covered Property that certain Declaration of Covenants. Conditions and Restrictions for Pelican Point Community Association (hereinafter referred to as the "Declaration"). This Custom Lot Decla:ation imposes covenants. conditions and restrictions upon the Covered Property in addition to those imposed by the Declaration and is the Custom Lot Declaration referred to in the Declaration. The definitions set forth in the Declaration. incl'lding but not limited to those set forth in Article I of the D~claration. are incorporated herein by this reference. In t'le event of any inconsistency between this Custom Lot Declaratiol and the Declaration. the provisions of this Custom Lot Declaration shall prevail. C. Declarant has deemed it desirable for the efficient preservation and enhanced desirability and attractiveness of the Covered Property to establish the additional covenants. conditions and restrictions provided herein upon the Covered Property. D. It is the desire and intention of the Declarant to establish the Covered Property as a single phase planned development in accordance with Section 1351(k) of the California Civil Code. or any successor statute thereof. and to establish covenants. ~onditions and restrictions which will constitute a general scheme for the management. use. occupancy and enjoyment of the :overed Property. all for the purpose of enhancing and protecting the value. desirability and attractiveness of the Covered Property and enhancing the quality of life within the Covered Property. WPN:9337V 05/01/91 E. Declarant will hereafter hold and convey title to all of the Covered Property subject to certain protective covenants, conditions and restrictions hereinafter set forth and as set forth in the Declaration. NOW, THEREFORE, Declarant hereby covenants, agrees and declares that all of its interest, as the same may from time to time appear in the Covered Property, shall be held and conveyed subject to the following covenants, conditions and restrictions (as well as those set forth in the Declaration) which are hereby declared to be for the benefit of said interests in the Covered Property, and the owners of said interests and shall be binding upon all parties having acquired any right or title in said interests or any part thereof, and shall inure to the benefit of each owner thereof and are imposed upon said interests and every part thereof as a servitude in favor of each and every of said interests as the d9minant tenement or tenements. - ARTICLE I DEFINITIONS Unless the context clearly indicates otherwise, all terms used in this Custom Lot Declaration shall be defined as set forth in the Declaration. Certain of these terms are set forth below for convenience in interpretation of this Custom Lot Declaration. In addition, certain additional terms used only in this Custom Lot Declaration are defined below as follows: 1.01 "Building Envelope" shall mean that portion of a Lot on which the Owner thereof may construct a Residential Dwelling Unit. The Building Envelope for a Lot is defined by reference to the applicable Setback Area and Height Limit for the Lot. The Building Envelope is divided into_a Single Story Building Envelope, defined in Section 1.24 of this Custom Lot Declaration, and a Second Story Building Envelope, defined in Section 1.22 of this Custom Lot Declaration. The Setback Area for each Lot is shown on Exhibit A, which is attached hereto. The Height Limit is described herein in greater detail in Section 1.10. In the event of the purchase by an Owner of two (2) or more Lots, the Building Envelope for a Lot may be subject to adjustment pursuant to Section 2.05(c) of this Custom Lot Declaration. The Building Envelope does not represent the ultimate shape or architectural appearance of the Residential Dwelling unit but merely establishes the boundaries within which the Residential Dwelling Unit must be constructed. 1.02 ·Common Area" shall mean and refer to the real property and the Common Facilities thereon owned in fee, or leased from time to time by the Association for the common use WPN: 9337V 05/01/91 2 and enjoyment of the Owners. Covered Property is described L of Tract No. 14063. The Common Area within the as Lots 59, C, D, G, H, I, 1. 03 "Community Entry" shall mean and refer to: J and (a) that portion of Lot A and B of Tract No. 14063, together with the Improvements thereto, which shall be maintained by the Association pursuant to the terms of an easement from the owner thereof as described in the Declaration, and (b) that portion of the Common Area more particularly described as Lot 59 of Tract No. 14063. 1.04 "Community Slopes· shall mean and refer to the portion of the Common Area which is more particularly described as Lots C, D and G of Tract No. 14063, together with property which is located within certain adjacent Lots (Lots 26 to 38, inclusive, and Lots 47-51, inclusive of Tract No. 14063), but outside of the rear yard wall within these Lots, and the Improvements thereto, which shall be-maintained by the Association as described in the Declaration. 1.05 "Covered Property" shall mean and refer to all of the real property described in Recital A to this Custom Lot Declaration and, subsequent to the annexation or deannexation thereof pursuant to the Article of this Custom Lot Declaration entitled "Annexation and Deannexation," any real property which may become subject to or which remains subject to this Custom Lot Declaration. 1. 06 "Dwelli.lliL shall mean a Residential Dwelling Unit, together with appurtenant garages, decks, balconies, trellises, roof overhangs, chimneys, sunshades and gazebos and any other structural Improvement. 1. 07 "Excavation" shall mean any disturbance of the surface of the Lot which results in the removal of earth or rock to a depth of more than six (6) inches. 1.08 "Exhibit" shall mean and refer to those documents so designated herein and attached hereto, which Exhibits are all, by this reference, incorporated into this Custom Lot Declaration. 1.09 "Fill" shall mean any added rock or earth materials to the surface of the Lot which increases the existing elevation of such surface by more than six (6) inches. 1.10 "Finished Pad Elevation" shall mean and refer to the elevation above the finished and graded building pad elevation for a Lot as initially established in the grading of a Lot pursuant to the approved grading plans for the Covered Property, or the revised elevation of the building pad resulting WPN:9337V 05/01/91 3 from the Excavation of the Lot pursuant to the approval of the Architectural Control Committee. The Finished Pad Elevation initially established by Declarant for a Lot shall be set forth on an exhibit substantially identical to the page of Exhibit A attached hereto covering the particular Lot and shall be attached to the grant deed which transfers the Lot from the Declarant to the initial Owner who is a member of the homebuying public. Any adjustment to the Finished Pad Elevation approved by the Architectural Control Committee shall be set forth in an instrument recorded against the Lot, which shall be executed by the Owner thereof and the Board. The Finished Pad Elevation of any Common Area shall mean and refer to that elevation initially established by Declarant in the grading of the Common Area pursuant to the approved grading plans for the Covered Property. The Finished Pad Elevation of a Lot or Common Area shall not be increased as a consequence of the addition of Fill by the Owner thereof pursuant to an approval of the Ar,chi tectural Control Committee or by the Association. ' 1.11 "Floor Area Ratio" or "FAR" shall mean and refer to the ratio of the Residential Dwelling Square Footage to the total land area of a ~ot (which is set forth on Exhibit A). 1.12 "Height Limit", as to any given Lot, shall mean and refer to that elevation above the Finished Pad Elevation for a Lot established as provided for herein. The Height Limit as to any Common Area shall mean and refer to that elevation above the Finished Pad Elevation thereof as initially established by Declarant. 1.13 "Improvement" shall mean: (a) all structures and appurtenances thereto of every type and kind, including but not limited to, buildings, outbuildings, the guardhouse, walkways, sprinkler and sewer pipes or lines, drainage lines and catch basins. garages. tennis courts, swimming pools. spas and other recreational facilities, gazebos. roads. driveways, walkways and other hardscape. parking areas, fences, gates, together with entry and lock mechanisms thereto, screens, screening walls, retaining walls, awnings, patio and balcony covers, stairs, decks. landscaping, hedges. slopes, windbreaks, the exterior surfaces of any visible structure, trees and shrubs. flowers. poles. signs, solar or windpowered energy systems or equipment, and water softener or heater or air conditioning and heating fixtures and equipment; (b) the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; (c) the grading, excavation, filling, or similar disturbance to the surface of the land. including. without WPN:9337V 05/01/91 4 limitation, change of grade, change of ground level, change of drainage pattern or change of streambed; (d) all trees and other landscaping, planting, vines, clearing, or removing of trees, shrubs, grass, or plants; and (e) any change or alteration of any Improvement including any change of exterior appearance, color or texture. 1.14 "Landscape Guidelines" shall mean and refer to those guidelines which are applicable to the maintenance of landscaping installed within the Covered Property and the Community Entry as initially established by the Declarant and as revised from time to time pursuant to the Declaration. 1.15 "Landscape Maintenance Criteria" shall mean and refer to criteria for maintenance of landscaping which may be installed within the Covered Property and Community Entry in compliance with the terms and conditions of the Design Guidelines and this Custom Lot Declaration including, without limitation, the Landscape Standards. The Landscape Maintenance Criteria are set forth on Exhibit C, which is attached hereto and is incorporated herein by this reference. 1. 16 "Landscape Standards" shall mean and refer to the Lot and Community Landscape Palettes which are set forth in the Design Guidelines and on Exhibit B, which is attached hereto, concerning the type and species of landscaping which may be installed within portions of the Covered Property and the Community Entry. 1.17 "Lot" s!1all mean and refer to a lot shown on a final map for Tract No. 14063, as such lot may be adjusted from time to time by any r8corded lot line adjustment. A Lot shall not include any Commo,) Area except for the portions of those certain Lots located ·dthin the Community Slopes. 1.18 "Owner" shall mean and refer to one or more persons or entities who, alone or collectively, are the record owner of a fee simple title to a Lot, including Declarant, but excluding those persons or entities having any such interest merely as security for the performance of an obligation. 1.19 "Regulations" shall mean and refer to the planned community regulations, zoning ordinances and other ordinances and policies as adopted by the County of Orange, as such may be amended from time to time, together with the tentative tract map conditions for the Covered Property. 1.20 "Residential Dwelling Sguare Footage" shall mean and refer to the total square footage of the Residential Dwelling Unit, plus the square footage of any garage in excess of four hundred (400) square feet which is appurtenant to the WPN:9337V 05/01/91 5 Residential Dwelling Unit, but excluding therefrom the square footage of any attic and the square footage of any basement to the extent such square footage is subterranean (i.e., located below the Finished Pad Elevation for the Lot). 1.21 "Residential Dwelling Unit" shall mean that portion of a Dwelling intended for occupancy as a residence. "Residential Dwelling Unit" shall specifically mean the enclosed living element of the Dwelling and shall nQt include garages, decks, balconies, trellises, roof overhangs, chimneys, sunshades, gazebos and other appurtenant Improvements. 1.22 ·Second Story Building Envelope" shall mean and refer to that portion of a Building Envelope located between a line parallel to the Finished Pad Elevation at a Height Limit of eighteen (18) feet and a line parallel to the Finished Pad Elevation located at the maximum Height Limit of twenty-eight (28) feet. 1.23 "Setback Area" shall mean and refer to that portion of a Lot which is depicted in greater detail on Exhibit A. All setback lines shall be established by measurement from the property line of the Lot. The Setback Area of a Lot shall include all portions of a Lot other than the Building Envelope and includes front yard, rear yard and side yard areas. The installation of Improvements in the Setback Area is restricted as described in the Article hereof entitled "Building and Landscaping Restrictions" and in the Design Guidelines. The Setback Area for a Lot may be subject to adjustment in the event of the purchase by an Owner of two (2) or more Lots pursuant to Section 2.05(c) of this Custom Lot Declaration. The configuration of the rear yard Setback Area of a Lot shown on Exhibit A depicts a hypothetical rear yard Setback Area. An Owner shall, subject to the approval of the Architectural Control Committee, be entitled to reverse the configuration of the rear yard Setback Area so long as at least fifty percent (50%) of the length of the rear yard setback line shall be established at the greater setback distance from the rear yard property line and fifty percent (50%) of the length of the rear yard setback line shall be established at the lesser setback distance from the rear yard property line, as such distances are depicted on Exhibit A. Certain Lots (Lots 1, 3, 16, 25, 34, 38, 39, 47, 49, 50 and 51 of Tract No. 14063) shall have side yard setbacks which may vary as depicted on Exhibit A. Exhibit A depicts a hypothetical side yard Setback Area for these Lots. These varying side yard setbacks may be maintained on either side of a Lot except as depicted on Exhibit A which provides that Lots 47, 49, 50 and 51 of Tract No. 14063, the varying side yard setback may only be maintained along the easterly side of Lot 47, the easterly side of Lot 49, the westerly side of Lot 50, and the northerly side of Lot 51. An Owner of any of these Lots shall, to the extent noted on WPN: 9337V 05/01/91 6 Exhibit A and subject to the approval of the Architectural Control Committee, be permitted to maintain one-half the length of the side yard setback line at ten (10) feet from the side yard property line of the Lot and one-half the length of the side yard setback line at fifteen (15) feet from the side yard property line of the Lot. 1.24 "Single Story Building Envelope" shall mean and refer to that portion of a Building Envelope located between the Finished Pad Elevation and a line parallel to the Finished Pad Elevation located at a Height Limit of eighteen (18) feet. 1.25 "Streetscape" shall mean and refer to that portion of the front yard Setback A.ea within each Lot which is ten (10) feet in width measured from the back of a curb. 1.26 "Supplementary Custom Lot Declaration" shall mean an instrument which deannexes a portion of the Covered Property from this Custom Lot Declaration, or annexes additional property and extends the plan of this Custom Lot Declaration to such additional property, as provided in the Article hereof entitled "Annexation and Deannexation." 1.27 "Tract No. 14063" shall mean and refer to the real property which is described in the final subdivision map for Tract No. 14063 recorded in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California. ARTICLE II BUILDING AND LANDSCAPING RESTRICTIONS 2.01 Governmental Regulations. All of the provlslons of this Custom Lot Declaration regulating the construction of Dwellings and other Improvements on the Lots and Common Area are in addition to and shdll not limit the effect of any applicable statute, ordinance or governmental rule or regulation, or the requirements of any public utility. Neither Declarant, the Association, the Architectural Control Committee, the Owners, or the agents, employees, attorneys or consultants of any of the foregoing, shall :")e deemed to have represented hereby that said statutes, ordinances, or regulations or public utility requirements permit construction and/or landscaping to the same degree as permitted by the Design Guidelines or by this Custom Lot Declaration. It ahall be the responsibility of each Owner to ascertain the applicability of such statutes, ordinances and regulations to the improvement and landscaping of his or her Lot. However, if sucn governmental regulations are less restrictive than the provisions of the Design Guidelines or this Custom Lot Declaratic~, the provisions of the Design Guidelines and this Custom Lot Declaration shall nonetheless apply. WPN:9337V 05/01/91 7 2.02 Architectural Control in Association. The Declaration provides, in part, that the Architectural Control Committee shall administer Design Guidelines promulgated by the Board and approved by the Declarant. No Improvement, including, but not limited to, a Dwelling or landscaping, shall be commenced, erected or maintained on the Covered Property unless the same is in compliance with the Design Guidelines, the Declaration, and this Custom Lot Declaration. 2.03 General Architectural Character. The architectural character for the Covered Property has been established by the Declarant as contemporary Mediterranean, which is generally characterized by the use of colored stucco walls, subdued concrete, clay tile roofs, and deep-set window and door openings. More detailed treatment of the materials, colors and forms which generally constitute the contemporary Mediterranean character are set forth in.the Design Guidelines. 2.04 Landscaping Standards. H The Landscaping Standards shall be administered through the Architectural Control Committee for the purpose of controlling the species, placement, and height of any tree, plant, bush, ground cover or other growing thing placed or planted on each Lot, on the Common Area or on the Community Entry. No landscaping shall be planted or placed within any Lot without the prior approval of the Architectural Control Committee of the plans and specifications therefor. Upon the inntallation of any landscaping, the maintenance thereof shall comply with the Landscape Maintenance Criteria and Landscape Guidelines. The Architectural Control Committee shall use the rules and procedures for approving plans and specifications for Improvements set forth in the Design Guidelines and shall follow the provisions of the Article of the Declaration entitled ·Architectural Control· regarding the submission and approval of plans and specifications in the reviewing of landscaping plans. 2.05 Location of Residential Dwelling Unit and Other Improvements in the Building Envelope and Setback Area. (a) The Residential Dwelling unit constructed by an Owner on his or her Lot shall be located solely within the Building Envelope for said Lot. This Building Envelope shall be defined by referen:e to the Setback Area for the Lot, which is shown in greater detail on Exhibit A, and the Height Limit for the Lot, which sh!ll be measured from the Finished Pad Elevation of the Lot. The three-dimensional Building Envelope establishes the maximum height as well as front, side and rear yard setbacks for each Lot, but does not represent the ultimate shape or architectural appearance of the Dwelling. This Custom Lot Declaration and the Design Guidelines further establish a formula for calculating that portion of the Building Envelope WPN:9337V 05/01/91 8 within which construction of a second story of a Dwelling is permitted. (b) Notwithstanding Section 2.05(a) above and the provisions of Paragraph 2.06 below concerning the establishment of a maximum Height Limit for a Lot, an Improvement other than the Residential Dwelling unit which is nonetheless a part of the Dwelling may be permitted to encroach into the Setback Area, or in excess of the Height Limit, if the same is allowed by the Regulations, provided that it is approved by the Architectural Control Committee and otherwise complies with the Design Guidelines in all respects. (c) Notwithstanding the provisions of this Custom Lot Declaration, including, but not limited to, subparagraphs (a) and (b) above, an Owner of two (2) or more adjacent Lots may, in connection with the approval of plans .nd specifications by the Architectural Control Committee for a Dwelling which either crosses one or more of the lot lines separating the respective Lots or otherwise encroaches into the sideyard Setback Area(s) of the respective Lots, and subject to the approval of the Architectural Control Committee, be entitled to transfer the side yard Setback Area requirement applicable to an interior side yard of a Lot (that side yard which is adjacent to a second Lot owned by the particular Owner) to the exterior side yard of a Lot (that side yard which is not adjacent to a Lot owned by the particular Owner). The Architectural Control Committee may condition its approval of the modification of the Building Envelope, as described herein, upon the processing and approval by Local Government of a parcel map and the recordation thereof and the execution by the Owner of such reasonable agreements as the Architectural Control Committee may so require, including the execution and recordation against all the affected Owners' Lots of a covenant agreement prohibiting the partition and sale of any of the individual Lots of the particular Owner, until the original Lots have been reestablished and all side yard Setback Area requirements for the original Lots have been complied with by the Owner, including, if necessary, the removal of all Improvements which encroach into the side yard Setback Area for the original Lots which are not permitted by this Custom Lot Declaration or the Design Guidelines. The approval by the Architectural Control Committee of plans and specifications for the construction of a Dwelling on more than one (1) Lot as provided hereinabove shall not relieve the Owner from any obligations attributable to the ownership of more than one Lot, including, but not limited to, the obligation to pay Assessments for each Lot as provided for in the Declaration. WPN:9337V 05/01/91 9 (d) The Declarant shall install a stucco wall of varying height with pilasters along the perimeter of the rear yard of each Lot, as depicted in the Design Guidelines. The Owner shall be permitted to install a tubular steel fence upon the top of this stucco wall which satisfies but which does not exceed the height limit required by Local Government for yards in which a swimming pool or spa is installed, provided that the combined height of the stucco and tubular steel wall shall not exceed five and one-half (5.5) feet. The Owner shall also be permitted to install a tempered glass windscreen over the tubular steel fencing provided it complies with the criteria set forth in the Design Guidelines and the plans and specifications thereof are approved by the Architectural Control Committee. The Owner of any Lot and the Association shall be prohibited from altering the type, design, color or height of the above-described stucco wall and any Owner-installed tubular steel fencing an~ tempered glass windscreen, if any, which complies with the Design Guidelines and is approved by the Architectural £ontrol Committee except for the removal of the tubular steel fence by the Owner of the affected Lot. Subject to the above prohibition, Improvements consisting of fences, walls, pools or other structures auxiliary to the Dwelling shall be permitted on any portion of the Lot, except: (i) the portions of Lots 26 to 38, inclusive, and Lots 47 to 51, inclusive, of Tract No. 14063, which are located between the rear yard fencing and certain portions of the Common Area (Lots c, D and G of Tract No. 14063), which are to be maintained by the Association pursuant to the terms of the Declaration, and (ii) within the rear twenty (20) feet of the Lot where all Improvements, except for Lot perimeter walls and fences or fencing required for pools and spas, shall not exceed a Height Limit of two (2) feet; provided all of the other provisions of this Custom Lot Declaration, the Regulations and the Design Guidelines are satisfied including, without limitation, the height of such auxiliary structures. 2.06 Height of Dwelling and Other Improvements. (a) Maximum Height Limit for Lots. Subject to any more restrictive Height Limit applicable to a particular Lot as described in subparagraph (c) below, and as depicted in the Design Guidelines, no Dwelling shall be constructed, installed or maintained within any Lot which exceeds a Height Limit of twenty-eight (28) feet. Notwithstanding the preceding sentence, Improvements which are a part of a Dwelling and which consist of a chimney may extend above this maximum Height Limit in order to comply with the requirements of the County, provided that no chimney may exceed a Height Limit of thirty-two (32) feet. In addition to the maximum Height Limit for a Lot, the Design Guidelines establish separate height WPN:9337V 05/01/91 10 limits within the maximum Height Limit which must be complied with. For example, separate Height Limits are established for the Single Story Building Envelope of a Lot and the bulk and density of Improvements within the Second Story Building Envelope of a Lot. (b) Maximum Height for Common Area. No Improvement which exceeds a Height Limit of twenty-eight (28) feet shall be constructed, installed or maintained within any Common Area. (c) Special Maximum Height Limit for Lots 47. 48. 49, 52, 53, 54 and 55 of Tract No. 14063. Lots 47, 48, 49, 52, 53, 54 and 55 of Tract No. 14063 shall be subject to a more restrictive Height Limit than other Lots. The Height Limit for these particular Lots is depicted on Exhibit A and shall be established by reference to the front quarter, the middle half and the back quarter of the square footag~ of the Building Envelope of the parti~ular Lot with the lines dividing these portions of the Building Envelope beirrg-extended to the side property lines of the Lot. (i) The front quarter of Lots 47, 48, 49, 52, 53, 54 and 55 of Tract No. 14063 (that portion adjacent to the private street, Lot H of Tract No. 14063) shall have a maximum Height Limit of eighteen (18) feet. (iil The middle one-half of Lots 47, 48, 49, 52, 53, 54 and 55 of Tract No. 14063 shall have a maximum Height Limit of twenty-eight (28) feet. (iii) The back quarter of Lots 47, 48, 49, 52, 53, 54 and 55 of Tract No. 14063 (that portion adjacent to the rear yard property line of the Lot) shall have a maximum Height Limit of twenty-four (24) feet. (d) Special Maximum Height Limit for Lots 50 and 51 of Tract No. 14063. Lots 50 and 51 of Tract No. 14063 shall have a Height Limit which shall vary within portions of these Lots from either eighteen (18) feet, twenty-four (24) feet or twenty-eight (28) feet as depicted on Exhibit A. Improvements consisting of a chimney and spark arrestor shall be entitled to extend above the maximum Height Limit established for these particular Lots, if required by the County, provided that no chimney (including the spark arrestor) may exceed a Height Limit of thirty-two (32) feet. WPN:9337V 05/01/91 11 Story Building Envelope, and thirty-one percent (31%) to thirty-four percent (34%) of the Residential Dwelling Square Footage shall be located in the Second Story Building Envelope. (iii) Lots with a Designated .45 FAR -Fifty-eight percent (58%) to sixty-five percent (65%) of the Residential Dwelling Square Footage shall be located in the Single Story Building Envelope, and thirty-five percent (35%) to forty-two percent (42%) of the Residential Dwelling Square Footage shall be located in the Second Story Building Envelope. In addition to the above limitations, an Owner of two (2) or more adjacent Lots, in connection with the approval of plans and specifications by the Architectural Control Committee for a Dwelling which crosses one or more .lot lines or encroaches onto the side yard Setback Ar~a(s) of the respective Lots, may be required to agree to the"establishment by the Architectural Control Committee of a revised FAR and percentage Residential Dwelling Square Footage within the Single Story Building Envelope and Second Story Building Envelope which shall be incorporated into a separate instrument in a form acceptable to the Architectural Control Committee, executed by the Owner and the Board and recorded against the respective Lots. In the event that a subsequent Owner shall resubdivide the multiple Lots and remove the resulting encroaching Improvements, each resulting Lot shall again be subject to the limitations of subparagraphs (i), (ii) or (iii), above. (f) Height Limit of Improvements Other Than Dwelling. No Improvement other than a Dwelling which is constructed or installed either within a Building Envelope or within a Setback Area (including, withvut limitation, Improvements adjacent to the property lines of a Lot or Common Area) shall exceed any applicable Height Limit imposed by the Regulations or the Design Guidelines. 2.07 Height vf Landscaping. Improvements consisting of landscaping installed within the Lot or Common Area shall in no event be permitted to grow to in excess of the following Height Limits: (a) Lots 47 through 55 of Tract No. 14063. Landscaping within the Building Envelope, front yard Setback Area, side yard Setback Areas and rear yard Setback Area of WPN:9337V 05/01/91 13 Lots 47 through 55 of Tract No. 14063 shall in no event be permitted to grow to a Height Limit in excess of the Height Limit for the particular portion of the Lot, which is described in Section 2.06(c) and (d) and is depicted in Exhibit A of this Custom Lot Declaration. (b) Lots 1 through 46 of Tract No. 14063 and Common ~. Landscaping wi_hin Lots 1 through 46 of Tract No. 14063 and the Common Area shall in no event be permitted to grow to a Height Limit in excess of twenty-eight (28) feet. 2.08 Roofs, Exterior Wall Surfaces. (a) All slo?ing roofs on any Dwelling within a Lot shall have a pitch in the range of three and one-half (3.5) feet of vertical distance for each twelve (12) feet of horizontal distance to six (6) feet of vertical distance for each twelve (12) feet of horizontal distance. Roof coverings shall consist of clay or natural slate 'tile of a color consistent with the Design Guidelines. All other roof covering materials are prohibited, except for copper roofing in a ,limited amount, not to exceed ten (10) percent of the total roof coverage of the Dwelling, if approved by the Architectural Control Committee. Areas of flat roof for balconies, decks, terrace covers and trellises are acceptable if designed as architectural extensions of the Residential Dwelling Unit and not visible from the private streets within the Covered Property. Roof materials on such areas shall blend in color with the main roof. (b) All exterior wall surfaces shall be smooth or sand finished, shall be composed of stucco, plaster, adobe or concrete, and shall be of a color consistent with the Design Guidelines. All othe~ wall materials are prohibited. (c) No main~enance, repair, replacement or restoration work of the Common Area guardhouse, entry gates with related mechanism, entry walls and entry statement shall involve a modification of the design, height, color, style or other exterior feature from that as initially established by the Declarant. 2.09 Grading. Excavation and Fill, and Drainage. (a) Grading -Each Owner shall obtain all permits for grading cuts and fills, as are required by any and all WPN:9337V 05/01/91 14 governmental agencies, prior to commencement of any grading or filling, and shall thereafter abide by the requirements of any and all such agencies. Prior to making submittal to any governmental agency, the Owner shall submit the grading plans showing such work to the Architectural Control Committee for its review and approval. (b) Excavation and Fill -No material used for Fill purposes shall be imported to a Lot from property located outside of Tract No. 14063. Fill or top soil material used upon the Lot by the Owner shall be free of adobe, termites, weeds, Hazardous Materials and deleterious matter. All areas to be filled should be scarified and/or overexcavated, moisture-conditioned and recompacted to at least ninety percent (90%) relative compaction prior to fill placement. New Fill should be placed in~thin lifts, and benching into existing fill or bedrock material should be performed where the Fill material is placed against an existing slope. All work shall be inspected and performed in accordance with the recommendations of a registered engineer. All Excavation and Fill areas shall be shaped to blend into the adjacent land forms and shall be done so as not to adversely affect adjacent Lots or Common Area. Whenever Excavation or Fill creates an unstable bank condition, or potentially unstable bank condition, the Owner shall take appropriate action to control and retain the embankment. Excavation or Fill which, in the judgment of the Architectural Control Committee, creates a high and unsightly retaining wall, may be disapproved. Whenever Excavation or Fill requires the construction of a retaining wall, it shall be the Owner's responsibility to install and maintain the wall. All retaining walls placed upon embankments or Fill areas of more than three (3) feet in height or depth shall be designed by a registered or structural engineer. Whenever Excavation or Fill causes destruction of existing drainage swales or natural drainage patterns. it shall be the Owner's responsibility to restore such swales and drainage patterns. or to otherwise provide for adequate drainage all in a manner approved by the Architectural Control Committee. (c) Drain~ -The subdivision map of Tract No. 14063 ("Map") contains all drainage easements. All existing Lot drains and top of slope drains shall be maintained as originally installed by Declarant. except to the extent that plans and specifications covering a modification thereof are approved by WPN:9337V 05/01/91 15 the Architectural Control Committee and the County. All such modifications to the existing Lot drainage shall be prepared by a registered engineer and approved by the Architectural Control Committee and the Local Government. Drainage over the top of the slope located within the rear yard portion of the Setback Area of a Lot shall, however, in all cases be prohibited. The Owner shall direct his or her architect to examine the Map before preparing the site plans. The flow of surface or subsurface drainage onto, across or from each Lot must not be obstructed. Such runoff shall be dispersed or channeled by surface swales or other facilities, in such a manner as to prevent erosion and damage to property. The Owner shall submit drainage plans to the Architectural Control Committee, and the Architectural Control Committee will closely scrutinize the proposed location of Lot drainage facilities and may suggest revisions to provide for acceptance or discharge at certain points or locations along Lot boundaries;' as indicated on the Map. The Owner, however, will be responsible for the actual design of these facilities and be liable for all claims or damages resulting therefrom. The Architectural Control Committee will not unreasonably withhold approval of any design for Lot drainage facilities, but will disapprove designs which, in its opinion, are impractical or do not adequately consider the possible adverse effects on other Lots or the Golf Course Property. The Owner shall, in the event of any violation of this Section, restore such Lot to its state existing immediately prior to such violations, including the filling of any Excavation or removal of any Fill. If the Owner fails or refuses to restore such Lot as aforesaid, then the Association shall perform such restoration work, and the Owner of such Lot shall reimburse the Association for all expenses incurred by it in performing its obligations under this Section. 2.10 Enforcement of Building and Landscaping Restrictions. The Association shall have the right to require, through the Architectural Control Committee, compliance with the Building and Landscaping Restrictions set forth in this Article. In addition to any other requirements established under the Declaration pertaining to the submission of plans and specifications therein established, the Architectural Control Committee shall require, as a condition to the approval of said plans and specifications, a declaration as to height and placement of Improvements, certified as correct by a person licensed as a civil engineer or an architect in the State of California, except where such plans and specifications are only for a patio cover where no such certificate shall be required, and, in the case of landscaping, by a person licensed as a landscape architect in the State of California. WPN:9337V 05/01/91 16 2.11 View Disclaimer. By promulgation and/or enforcement of the Building and Landscaping Restrictions, or otherwise, neither Declarant, the Board, the Architectural Control Committee, nor the directors, officers, members, agents, employees, representatives or consultants of the foregoing, have made any representation whatsoever concerning the view, if any, that the Owner of a particular Lot and the Dwelling thereon, or the Association and its Members as the owner of the Common Area, will enjoy. 2.12 Right of Entry. The Architectural Control Committee and Board or its representatives shall have the right to enter upon a Lot for the purposes of verifying that the construction of a Dwelling and any other Improvement, including, without limitation, landscaping, or the growth of landscaping after installation, complies with the Building and Landscaping Restrictions set forth herein. Such entrY may only be made after giving twenty-four (24) hours pripr written notice to the Owner of the Lot and during reasonable daytime hours, excluding legal holidays, and shall not unreasonably interfere with the construction of any Improvement, the installation of any landscaping Improvement, or the use by an Owner of his or her Lot or the Common Area except in the event of an emergency, in which event entry upon the Lot may be immediate. ARTICLE III MAINTENANCE AND LANDSCAPING 3.01 Maintenance by Association Prior to Permit. Declarant hereby reserves a nonexclusive easement over each Lot, together with the right to grant or transfer all or a portion thereof to the Association, for the installation by Declarant of landscaping or groundcover together with any appurtenant irrigation improvements and to permit the maintenance of the Lot until such time as its Owner notifies the Association in writing that the commencement of construction of a Dwelling has begun on said Lot pursuant to plans and specifications approved by the Architectural Control Committee. The foregoing maintenance responsibility shall include maintenance of the Lot in a clean, debris and weed free condition and may include the maintenance of any landscaping or groundcover which may be initially installed thereon by the Declarant, including the irrigation thereof. Although Declarant may install such landscaping or groundcover within a Lot any time prior to the commencement of construction of a Dwelling thereon, it is under no obligation to do so. This maintenance obligation shall not require the Association to undertake any work of repair, improvement or construction of any structural Improvement on any of the Lots. The cost to the Association in accomplishing such maintenance shall comprise a Special Assessment to the Owner of a Lot which is so maintained by the WPN:9337V 05/01/91 17 Association and the collection thereof may be enforced pursuant to the terms and conditions of the Association Management Documents. This easement shall automatically terminate with respect to an individual Lot upon the completion of construction on the Lot of a custom home in compliance with plans and specifications approved by the Architectural Control Committee. ARTICLE IV ANNEXATION AND DEANNEXAIION Any real property, other than the Covered Property as described in Recital A to this Custom Lot Declaration, may be annexed to and become subject to this Custom Lot Declaration. Portions of the Covered Property may also be deannexed from the Custom Lot Declaration. Annexation and 4eannexation shall take place as follows: 4.01 Annexation or Deannexation. For so long as Declarant is the sole owner of the Covered Property, Declarant may unilaterally execute, acknowledge and record a Supplementary Custom Lot Declaration for the purpose of annexing or deannexing real property to or from the Covered Property. After the transfer by Declarant of any Lot to an Owner (other than th~ Declarant) or any Common Area to the Association, no portion of the Covered Property may be deannexed from, and no additional property may be annexed, without the approval in writing of seventy-five percent (75%) of the voting power (as defined in the Declaration) of the Members and by seventy-five percent (75%) of the Eligible Mortgage Holders. Any person who desires to annex or deannex real property to the Covered Project may file of record a Supplementary Custom Lot Declaration upon receipt of the required approvals. The certificate of the president and the secretary of the Association attached to any Supplementary Custom Lot Declaration recorded pursuant to this Section certifying that the required approval of Owners and the Eligible Mortgagees have approved the recordation of such Supplementary Custom Lot Declaration shall be deemed conclusive proof thereof. 4.02 Supplementary Custom Lot Declaration. A Supplementary Custom Lot Declaration shall be a writing, in recordable form, which annexes or deannexes real property to the plan of this Custom Lot Declaration and which incorporates by reference all of the covenants, conditions, restrictions and other provisions of this Custom Lot Declaration and the Declaration, and shall contain such other provisions set forth in this Custom Lot Declaration which relate to Supplementary Custom Lot Declarations. Such Supplementary Custom Lot Declaration which annexes real property to the Custom Lot Declaration may contain such complementary additions and WPN:9337V 05/01/91 18 modifications of the covenants, conditions and restrictions contained in this Custom Lot Declaration as may be necessary to reflect the different character, if any, of the real property so annexed, and as are not inconsistent with the plan of this Custom Lot Declaration. In no event, however, shall any such Supplementary Custom Lot Declaration which annexes property to this Custom Lot Declaration revoke, modify or add to the covenants established by this Custom Lot Declaration with respect to the then existing Covered Property. 4.03 Mergers or Consolidations. Upon a merger or consolidation of the Association with another association, the surviving or consolidated association may administer the rights of the Association under this Custom Lot Declaration. ARTICLE v G~NERAL PROVIS~9~S 5.01 Enforcement. The Association, or any Owner shall have the right to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants and other provisions now or hereafter imposed by the provisions of this Custom Lot Declaration and any amendment hereto, including the right to prevent the violation of any such restrictions, conditions, covenants and other provisions, and the right to recover damages for such violation. The Declarant, for so long as Declarant shall own any portion of the Covered Property, shall have the right, but not the obligation, to enforce, by proceedings at law or in equity, all restrictions, conditions, covenants and other provisions now or hereafter imposed by the provisions of this Custom Lot Declaration or any amendment hereto, including the right to prevent the violation of any such restrictions, conditions, covenants or other provisions and the right to recover damages for such violation. 5.02 No Waiver. Failure by the Association, the Declarant or any Owner to enforce any covenant, condition, or restriction herein contained, in any certain instance or on any particular occasion, shall not be deemed a waiver of such right for either that parti~ular breach or any future breach of the same or any other covenant, condition or restriction. 5.03 Severability. Invalidation of anyone or a portion of these covenants, conditions or restrictions, by judgment or court order, shall in no way affect any other provision hereof, all of which shall remain in full force and effect. 5.04 Covenants to Run with the Land: Term. The covenants, conditions and restrictions of this Custom Lot Declaration shall run with and bind the Covered Property and WPN:9337V 05/01/91 19 shall inure to the benefit of and be enforceable by the Association or any Owner as provided herein, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Custom Lot Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by seventy-five percent (75%) of the voting power of the Members (as defined in the Declaration) and not less than seventy-five percent (75%) of the Eligible Mortgage Holders, has been recorded at least one (1) year prior to the end of such period agreeing to change said covenants, conditions and restrictions in whole or in part. 5.05 Construction. The Article and Section headings of this Custom Lot Declaration have been inserted for convenience only, and shall not be considered or ref.erred to in resolving questions of interpretation or construction. 5.06 Number and Gender. Whenever the context of this Custom Lot Declaration requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. 5.07 Notices. Any notice or other communication to be given to an Owner set forth herein shall be delivered as provided in the Section entitled -Notices· of the Article entitled "General Provisions· of the Declaration. 5.08 Effect of Custom Lot Declaration. This Custom Lot Declaration is made for the purposes set forth in the Recitals to this Custom Lot Declaration, and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Custom Lot Declaration, or as to the compliance of any of these provisions with public laws, ordinances and regulations applicable thereto. 5.09 Personal Covenant. To the extent the acceptance of a conveyance of a Lot creates a personal covenant between the Owner of such Lot and Declarant or other Owners, such personal covenant shall terminate and be of no further force or effect from and after the date on which a person or entity ceases to be an Owner, except to the extent this Custom Lot Declaration may provide otherwise with respect to the payment of money to the Association. 5.10 Nonliability of Officials; Approval of Plan. To the fullest extent permitted by law, neither the Declarant, the Board of Directors, the Architectural Control Committee, or any other committees of the Association or any member or consultant of the Declarant, the Board, the Architectural Control Committee WPN:9337V 05/01/91 20 or other committee shall be liable to the Association or any Member for any damage, loss or prejudice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defective), course of action, act, omission, error, negligence or the like made in good faith which the Declarant, the Board, the Architectural Control Committee or other committees or persons reasonably believed to be within the scope of their duties. Without limiting the generality of the foregoing, plans and specifications are not approved for engineering design. By approving such plans and specifications neither the Architectural Control Committee, the members thereof, the Association, the Members, the Board of Directors nor Declarant assumes liability or responsibility therefor, or for any defect in any structure constructed or landscaping emplaced from such plans and specifications. 5.11 priority of Mortgage Lien. "No breach of the covenants, conditions or restrictions or the enforcement of any other provisions contained in this Custom Lot 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 said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure, a trustee's sale, or otherwise, with respect to a Lot. 5.12 Arbitration. Any controversy, dispute, or claim whatsoever arising out of, in connection with, or in relation to the interpretation, performance or breach of any of the provisions of this Custom Lot Declaration, including, without limitation, the validity, scope and enforceability of this arbitration provision, shall be settled, with the consent of all parties to the arbitration, by arbitration conducted in the County in accordance with the then existing rules for commercial arbitration of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. The provisions of Section 1283.05 of California Code of Civil Procedure shall apply to such arbitration. Such matters shall be submitted to one (1) arbitrator who shall be a retired judge of the Superior Court of the State of California. If a decision has been made to arbitrate and the parties cannot agree upon an arbitrator, one shall be appointed by the Presiding Judge of the Orange County Superior Court from among the court's list of retired judges of the Superior Court. 5.13 Amendments. (a) until the transfer by the Declarant of a Lot to an Owner (other than the Declarant), or the Common Area to the Association, any amendment to this Custom Lot Declaration shall require the written assent of the Declarant. WPN:9337V 05/01/91 21 (b) After the transfer of a Lot or Common Area as described in subparagraph (a) above, any amendment of this Custom Lot Declaration shall require the affirmative assent or vote of not less than seventy-five percent (75%) of the voting power (as defined in the Declaration) of the Members and by sixty-seven percent (67%) of the Eligible Mortgage Holders. (c) An amendment or modification shall be effective when executed (i) by the Declarant, where applicable, (ii) the president and secretary of the Association who shall certify that the amendment or modification has been approved as herein provided by the Owners, and (iii) the Eligible Mortgage Holders, and recorded in the Official Records of Orange County, California. IN WITNESS WHEREOF, Declarant has executed this Custom Lot Declaration on the day and year first above written. WPN:9337V 05/01/91 THE IRV'fN'E COMPANY, a Michigan corporation By: ', .. I It's :_i _.':",:._-,-, __ ~_-+, ____ _ / 22 STATE OF CAL.{ F-~\!r­ COUNTY OF Of--4:-f'J 6-(;- ) ) ss. ) On M'1 2-1 , 1991, before me, the undersigned, a Nota~ublic in and for said State, personally appeared MIQtW e· IS .J j/!'t-!,~5 ~.a..~AN-.4-Vli-I+-, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as VIC€-fW:elr5icsT. Se--ctl-:(r'I4-P'Ion behalf of the corporation that executed the within instrument and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and ~J;'~ ;:~'~Jf;0~;:C' f: [Seal] WPN: 9337V 05/01/91 [,:-" , ,>-_ ,,-~:;: ..... ,; Notary Public in and for ~ said State 23 C:::E6'ENP [J .I.H9..3'f'" ~ -$-S=~ Q::W'A( • .4f"61 .:::H".4M/ ---tM/ACP/A/t:9 eA/~~ NOTE: FOR LOTS WITH SIDE YARDS ADJACENT TO GOLF COURSE, SIDE YARD SETBACKS SHOULD VARY BETWEEN 10 AND 15 FEET (LOTS 1, 25 & 38). EXHIBIT 'A' ------, I I ..J I .1'$' iJ! I ~I I \)~ I J - NOTES:,*, ...u S~ OF REAR YARD SEiSACK MUST BE SEiBACK A MINI- MUM OF 20 Fi. FROM THE REAR ?ROP~RTY LINE & 50: OF REAR YARe SEiBACK MUST BE A MINIMUM OF 30 Fi. FROM REAR PROP~iY LINE • THESE SEiBACKS MAY BE MAINTAINED ON EITHER SiDE OF LOT AT OWN~~S DISCRETION. 2) 50: OF ONE OF THE SIOEYARO MUST BE SETBACK A MINIMUM OF 10 rEH FROM THE SIDEYARO PROPERTY L!NES AND 50: OF ONE OF THE SIDEYARDS MUST BE SEiBACK A HINIHUH OF 15 m:T. THES£ SEiBACKS MAYBE MAIN- TAINED ON EITHER SIDE- YARD OF THE LOT AT THE OWNER'S DISCRETION. LOT 1 TRACT 14063 LOT AREA: 11380.35 sq. ft. BUILDING ENVELOPE (APPROX) 4290 SQ.ft EXHIBIT 'A' a -$- 11 '0' It I 1"1 Ho<Il?~~ StF~~ .4f'~ ~AVA/ t!!W4t.tPA/61 #~t:VIF I --............ I .......... ' I " , " I I I I ~11 I ~ RO'1'E: 50' OF REAlt YARD SETBAClI: MUST BE SETBAClt A 11111- 1JWM OF 20 FT. I'JIOK '1'IIE REAlt PRO- PERTY LIIiE , 50\ OF REAlt YARD SET- BACJ: MUST lIB A II1I11JWM OF 30 FT. I'JIOK REAlt PROPERTY LllIE. TllESE SE'1'BACltS MAr IE MAIIITAIIIED 011 !I'1'IIER SID! OF toT AT OWlIERS DISCRETION. LOT 2 TRACT 14063 LOT AREA: 14269.22 sq. ft. BUILDING ENVELOPE (APPROX) 6579 sqft. ,e-6'e-.#0 a .M?~~ -.5'-.5'Ji"~ a::uw.' • .4f'.6f ~AVA/ ---4tY~A/A/t9 .£AI'I/£t::V'lr EXHIBIT 'A' POINT -I '" , .,.' \ '-1 '- . 38."", . 1) 5~ OF REAR YARD SETBACK MUST BE SETBACK A MINI- MUM OF 20 FT. FROM THE REAR PROPERTY LINE & 5~ OF REAR YARD SETBACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS HAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. 2) 5~ OF ONE OF THE SIDEYARD MUST BE SETBACK A MINIMUM OF 10 FEET FROM THE SIDEYARD PROPERTY LINES AHD 5~ OF ONE OF THE SIDEYARDS MUST BE SETBACK A MINIMUM OF 15 FEET. THESE SETBACKS HAY BE MAIN- TAINED ON EITHER SIDE- YARD OF THE LOT AT THE OWNER'S DISCRETION. LOT 3 TRACT 14063 LOT AREA: 15694.68 sq. ft. BUILDING ENVELOPE (APPROX) 7105 sq. It o -s-a ~h5f"~ StF~ a:::uw.' .-9,.,;f;f tt:H"AU1/ t!!IU~P/A/t9 EA/~t:V'iF I • I l~ I I I EXHIBIT 'A' <.0 I. '" ",' ORWe: 'tIl t I 'lit IIOTI!:: 50' or au.a YAJU) SETBAClt MUST as SETBACX A M1N- DmK or %0 PT. !'10M TIIZ REAR PRO- PIUtTY LINE , 50' or au.a YARD SET- BACIt MUST BE A JClIfIHUM OF 30 FT. !'10M au.a PROPEItTY LIIfE. TllZSIC SETIIACXS KAY U MAIH'1'AII/EI) 011 &ITSER SIDE or LOr AT OWNERS DISCItE'1'ION; LOT 4 TRACT 14063 LOT AREA: 13037.65 SQ. ft BUILDING ENVELOPE (APPROX) 6095 sQ.ft. '* 1IO'l'Z. 50\ Of' ItIAR l'AJII) SE'1'8AClt MUST BE SE'1'8AClt A K1.- ~ Of' 20 1"1'. I'IIOlC 'fIIZ ItIAR PlIO- PBRrl' LIKE , 50\ 01' JtIWt TAJII) Sft- BAa: MUST BE A IIX.lHUK Of' 30 1"1'. I'IIOlC ItIAR PRCPDrr LIKE. 'fIIZSE Sft'BACItS KAT liE KAIN'I'AIlIED 011 EI'fIIZR SIDE Of' LO'1' AT OWNERS DISCRftION. EXHIBIT 'A' I L \ L- .~ .. 1"""_ b I\j 310 .. 21!1.13' a -$- a LOT 5 TRACT 14063 LOT AREA: 12167.90 SQ. ft. BUILDING ENVELOPE (APPROX) 5335 sq.ft. ~,3'1"" /Wt!7~ S!i"~ Cl::U"A( AA"'D af"A'/A/ BwW,cP/A/G ,fi"A/U:S::t:Jr",fi" EXHIBIT 'A' \ * .orE. 50\ OF REAR YAIID SETBACX MUST BE S&TIACX A MI&- 1KUM OF 20 FT. I'1IOK TIlE REAR PItO- PERTY LIKE , 50' OF REAR YAIID SET- BACX KUST BE A .llIKIKO'M OF 30 FT. I'1IOK REAR PROPERTY LIKE. THESE SETBACXS MAY BE MAIHTAIHEO OK EITHER SIDE OF LOT AT OWlI'ERS DISCR.£TIOK. I L .::::EGEN.o o ~..3r~ -oS-&!i"~ a:u'A( • ~&;f .::::H',4/A/ ---t!lt:/4(P/A/t$ EA/U£~ LOT 6 TRACT 14063 LOT AREA: 12050.05 sq. ft. BUILDING ENVELOPE (APPROX) 5157 sq.ft. * NOTE: 50\ OF REAR yJUtD SETBACII: MUST BZ SETBACX A KIN- IJMI OF 20 F'.l'. FIIOtI '.l'U REAR PRO- PERTY LINZ , 50\ OF REAR YARO SET- BACX MUST BE A H.INlMUH OF 30 F'.l'. FROM REAR PROPERTY LINE. THESE SETBACKS MAY IE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. EXHIBIT 'A' ,EGENP 0 M:I9'..e::t'" ~ 3,1 -$-s.=~~ • ~~ .af'AVA/ ---~4!.tVA/t9 EA/~~ ----./,' :! r • .>~~ I ~\~ II fI ~ IC I ~ f[ I \~ ~ I I I L-~_ I I ~ '" ,94 -.. LOT 7 TRACT 14063 BUILDING ENVELOPE (APPROX) 5234 sq.tt. LOT /If£A:. 12194.02 sq. ft. o -.s- a LOT AREA: 12010.80 SQ. ft. EXHIBIT 'A' I I L- I ) .. ROTE, 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMIIM OF 20 FT. FROM THE REAR PRO- PER'1'Y LINE , 50\ or REAR YARD SET- 8ACX MUST BE A IURIMUH OF 30FT. FROM REAR PROPERTY LIIIZ. TllESE S£T8ACXS KAY BE HAIKTAllIEl) OR EITHER SIDE OF LO'1' AT OWNERS DISCRETION. LOT 9 TRACT 14063 BUILDING ENVELOPE (APPRO X) 5173 sq.ft. ;I\- NOTE: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 rT. FROM THE REA~·PRO­ PERrY LINE , 50\ OF REAR. YARD SET- BAClt MUST BE A MINIMUM OF 30 rT. FROM REAR PROPE~Y LINE. TIIESE SETBACltS MAr BE MAINTAINED ON EITHER. SIDE OF LOT AT OWNERS DISCRETION. LOT AREA: 12081.94 SQ,. ft. 10' EXHIBIT 'A' I L---- ,eGEN,o CJ ~A?'~ 05-S=~ cavA" • /M'&;f .cu-A'M/ tflVNt.(?/NG EA/u:Ga LOT 10 TRACT 14063 BUILDING ENVELOPE (APPROX) 4928 sQ,.tt. 'UMlt>I I~I ~NOTE' 50\ or REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM or 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BAa: MUST BE A MINIMUM or )0 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. I I L ... ./ I I /' I I L.EG£NP CJ -.5'-• LOT 11 TRACT 14063 LOT AREA: 11919.79 sq. ft. BUILDING ENVELOPE (APPROX) 4753 sq.tt. a/'lS. u" LOT AREA: 12076.05 ft. EXHIBIT 'A' .~ ./'~1 ./' ~l /' Ii r ~ ,.,..y v I III ~ r 12: 1 j I I I J 1/ \ ,/" *" NOTE, 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BAO: MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. TIIESE SETBACKS KAY BE MAINTAINED ON EITHER SIDE or LOT AT OWNERS DISCRETION. 6EGENP o ~~~~ -9-St£~ a:::w'H. • ,M"~ ,Qf'".4/A/ ---t!Jtf/~a-A/61.F#~tt~ LOT 12 TRACT 14063 BUILDING ENVELOPE (APPROX) 4845 s .tt. ( EXHIBIT 'A' a -.5"- MIP..eit'" ~ SG~ a::uw.' .l9R6I ~A'A1/ &JV~P/A/($ .trA/U:'~ ., LOT AREA: 12142.68 sq. ft. /' . /"" '* IIOTE: 50\ OF REA.R YARD SETBACX MUST BE SETBACX A MIN- IMUM OF 20 FT. tr r FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BACX MUST BE A MIIIIMUM OF 30 FT. ,.IIOM REA.R PRDPERTY LIlli!. THESE SETBACltS KAY 8E MAIIITAllIEll '0' 011 EITHER SIDE OF tOT AT OIIIIERS DISCRETION. LOT 13 TRACT 14063 BUILDING ENVELOPE (APPROX) 4929 Sq.tt. ~ NOTE: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. LOT AREA: 12020.45 sq. ft. EXHIBIT 'A' a -.s- 8 ~~..w.::7~ ~a::u'A( AA"'~ a.t".4/A/ ~,eP/A/G EA/U:~<7,PE LOT 14 TRACT 14063 BUILDING ENVELOPE (APPROX) 4944 sq.tt. a -s- a m4~~~ s.:~ca-vA( /lR69 .tU'A///f/ <!iJV~P/A/.g E,lVU:Z~ LOT AREA: 14175.83 sq. ft EXHIBIT 'A' *IIOTI: SO, or IlEAIt YARD SE'1'BACX MUS'! 8E SETBACK A KIM- IJIUH or 20 FT. 1'1IOM 'rIlE UAll PlIO- PERr! LIME , 50\ or UAll YARD SET- BACK MUS'!' 8E A KIMIJIUH or 30 FT. rlOK UAll PROPEtIrY LIn:. 'rIIESE SETBACKS MAY IE IlAIM'!'AIlIED OM EI'l'BER SIDE OF LOT A'!' OWNERS DISCRE'!'ION. LOT 15 TRACT 14063 BUILDING ENVELOPE (APPROX) 5614 sq.tt. 1- .J EXHIBIT 'A' NOTES:l* 1) 5~ OF REAR YARD SETBACK MUST BE SETBACK A MINI- MUM OF 20 FT. FROM THE REAR PROPERTY LINE , 5~ OF REAR YARD SETBACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. LOT 16 TRACT 14063 BUILDING ENVELOPE (APPROX) 8359 sq.tt. LOT AREA: 16716.99 s ft. o -.$'-• EXHIBIT 'A' ~ PEt...ICAN. POINT I ,,~ ~ I I L----r--' * NOTE: 50\ OF REAR YARD SETBACK MOST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARO SET- BACK MOST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINEO ON EITHER SlOE OF LOT AT OWNERS DISCRETION. ""'.6'f" ~ ~+-----l...--::::~:r.~",-:.-.L-----~; sa~ a:::uw.' AA"'D ~AVA/ t!IV~.t:vAl'<1P 4"A/II'&C~ LOT 17 TRACT 14063 BUILDING ENVELOPE (APPROX) 6183 sq.ft. LOT AREA: 13688 02 sq. ft. EXHIBIT 'A' f PELIcAN _ POINT + NOTE: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LIIIE. '1'IIESE SE'1'BACXS MAY BE MAINTAlllED 011 EITHER SIDE OF toT AT OWNERS DISCRETION. [J 44"&'£#.0 AW.e;t"~ .s.=~ ct:W'H. ARe;;, .t:H"AVAI' -6'-• .. ~ 10' ! 10' .......... NT' -~ r-----, -l!l.2!2!L u .... .2-+ I I 8 I '</ ~ I I I t!fIQ~.tVA/61 ,E.-vJeZ~ I I I LOT AREA: 11480.00 sQ. ft. I L LOT 18 TRACT 14063 BUILDING ENVELOPE (APPROX) 4981 SQ. ft. * IIO'l'E: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR 'tARO SET- BAClt MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SE'l'BACltS MAY BE MAINTAIlIED 011 EITHER SIDE OF I.O'1' AT OWNERS DISCRETION. EXHIBIT 'A' € :Clcr< /C/fN pclNr I OAIVE " .. '\ -T 1--M ... ,. CU<'(e. "1000' I " u .. -,.,..,J ! u .. ' : ' ----..... ~ ~r~ r ~ 0 -.5'- 1~ r--~<-l • --- I-I--!!.!p~".~ !-- -8 I ~ ~ ., ~ ~ ..!!!.. 10' ..;.:;.. I I I L ,_ .. -1 0 .. .. 2 _z" (I) lI(- --'"'\0_00' ,.- EGENP MI?~~ &rF~a:u-#. A/If".!U ~AVA/ <!'V/,(P/A/t9 EN'U:;:CJrz: LOT 19 TRACT 14063 *IIO'1'E. SO\ or REAIt YAIID SETIlACX MUST 8E SETIIACX A 11111- :tKIIH or 20 F1'. rllOM 'fIlE REAIt PlIO- PE~ LIIiE , 50\ or REAIt YAIID SET- BACIt MUST 8E A MIllIMUM or 30 F1'. rllOM REAIt PIIOP~ LIlIE. THESE SETBACJ(S MAY IE IlAIlI'1'AIIIJI) 011 EITHER SIDE or LOT AT OlIlIERS DISCRETION. LOT AREA: 11996.16 sq. ft. '0 o E EXHIBIT 'A' t~ _.--.-..1.----i I '0 o <t ! L.EGENO o ~..e;r"'~ $-~Q::U/H. . • AA"61 .r::H'A'/A/ t1UAC<W.N6T .£#/4£ t:::>r'lF LOT 20 TRACT 14063 BUILDING ENVELOPE (APPROX) 5359 sq.ft. EXHIBIT 'A' '*" NOTE: 50\ OF REAR YARD SET8ACK MUST 8E SET8ACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- 8ACK MUST 8E A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITNER SIDE OF LOT AT OWNERS DISCRETION. ':::::E&'E.NO o ~~~ 6'-sc:,y~ C'c:::u.w. • ,-9~ .cH'A'//J/ &JIoV4:P/A/$ .£AIr£ 10' 10' ~I I J I ~ -' L...-... ~. p- LOT 21 TRACT 14063 BUILDING ENVELOPE (APPROX) 6295 sq.ft. LOT AREA: 13474.06 sq. ft. .,. ROTE, 50\ OF REAR YARD SE'l'8ACIC MUST 8E SE'l'BAClt A MIII- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LIIiE , 50\ OF REAR YARD SE'l'- 8ACIC MUST 8E A MIllIMUM OF 30 FT. FROM REAR PROPERTY LIIIE. TIIJlSE SE'l'llACltS IlAY 8E MAIIITAIlIED OK EITHER SIDE OF LOT AT OWlIERS DISCRETION. CJ -.s-• ~~~ S:=~Q:UI1( .4.f"'.!U .t:H"'AUV t!N//C.t:Y#61 .r~a'lF EXHIBIT 'A' . .. )/ LOT 22 TRACT 14063 BUILDING ENVELOPE (APPROX) 5727 sq.ft. LOT AfEA: 12960.B6 sq. ft i!> APR. ''!>"!>I EXHIBIT 'A' *NO'l'E. 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE • 50\ OF REAR YARD SET- BAClt MUST BE A IUIfIMUM OF 30 FT. FROM REAR PROPERTY LINE. TllESE SE'1'BACXS IlAY IE MAIII't'AINEI) ON EITHER SIDE OF LO'f AT OWNERS DISCRETION. o -$'-• HN~~ &!:~ Cc::u.w.' /1A"~ arAVA/ ~4tP/NG tF.;f/J/&c~ \ \ L.......--" LOT 23 TRACT 14063 BUILDING ENVELOPE (APPROX) 4971 sq.ft. LOT AfEA: 11604.45 SQ. ft. EXHIBIT 'A' NOTES: * 1) 5~ OF REAR YARD SETBACK MUST BE SETBACK A HINI- MUH OF 20 FT. FROH THE REAR PROPERTY LINE & 5~ OF REAR YARD SETBACK MUST BE A HINIMUH OF 30 FT. FROH REAR PROPERTY LINE. THESE SETBACKS HAY BE HAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. L.EGENP o -$- AW..Gii"" ~ ~aavH. ,4«"~ ~AVA/ 4U.e.t:YA/61 EA/J/&Cc.¥lF • I~ I / \ LOT 24 TRACT 14063 BUILDING ENVELOPE (APPROX) 5472 sq.ft. LOT AREA: 12313.65 sq. ft. EXHIBIT' A' o -s-AW~~tFK &fi"~ Q:U'A( ( a ~.t!U .tU'A/N'f/ 4V4P/A/61.=-Nu:t:t:Vf5" NOTE: FOR LOTS WITH SIDE YARDS ADJACENT TO GOLF COURSE, SIDE YARD SETBACKS SHOULD VARY BETWEEN 10 AND 15 FEET (LOTS I, 25 & 38). 10' \ . , of?· NOTES:,*, 1) 50: OF REAR YARD SETBACK MUST BE SETBACK A MINI- MUM OF 20 FT. FROM THE REAR PROPERTY LINE & 50: OF REAR YARD SETBAClC MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINEO ON EITliER SIDE OF LOT AT OWNERS DISCRETION, 2) 50: OF ONE OF THE SIOEYARO MUST BE SETBACK A MINIMUM OF 10 FEET FROM THE SIDEYARD PROP~RTY LINES AND 50': OF ONE ~ OF THE SIDEYARDS MUST l.lJZ!. .. BE Sr:TBACK A MINIMUM OF 15 FEET. THESE --__ --L_...£esa'~52::..:..' .L_...JI.:.:".::,l' } SETBACKS MAY BE MAIN- TAINEO ON EITHER SIDE- YARD OF THE LOT AT THE OWNER'S DISCRETION. LOT AREA: 13581.74 sq. ft. LOT 25 TRACT 14063 BUILDING ENVELOPE (APPROX) 5974 sq.ft. yJUll) SZTIIACX MUST 8E SEY8ACX A M1M- :tMUM or 20 rr. rllOM THE UAR PlIO- PERrr LIME , 50\ or REAR YJUII) SEY- .... a IIl1ST liE A MINIMUM OF 30 rr. I rllOM UAR PROPERTY LINE. TIlESE SEYBACltS MAY liE MAIII"rAIIIED 10' ON EITHER SIDE or LO'1' AT 0WNElIS OISCRE"rIOM. a .5'-• EXHBlT 'A' \ \ LOT 26 TRACT 14063 BUILDING ENVELOPE (APPROX) 4489 sq.:ft. LOT AREA: 10925.50 SQ. ft. 6.AAL',"' ~O'1'E: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARO SET- 8ACJI: MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LO'1' AT OWNERS DISCRETION. i 10' EXHIBIT 'A' "t-J . I : 4e-UNQ I ~ 0 A"I?~ ArMT~ I!" t -$-$t!T~ a:::uw. ~ • ,MI!U ~A¥A/ ---~~A/dI1':Atr.,:;:~ 1 ~/;:iI &~o~ l' . ~ ~~ V' LOT 27 TRACT 14063 BUILDING ENVELOPE (APPROX) 4062 sq.ft. LOT AREA: 9960.62 sq. ft. f> .AP1il. I ~ I * IfOTE, 50' OF 1IEA1t yAItD SETBAClC MOSt' BE SftBACX A MIII- IMIIM OF 20 !"1' • .. _ 'l'IIE 1IEA1t PlIO- PERf! LIIiE , 50\ OF II&Alt yAItD Sft- IIACX MOSt' BE A MIIiDIOM OF 30 !"1'. -Q ... I'ROK II&Alt PJOPERf! ... LINE. 'l'IIESJ: SftBACXS ! MAY BE IlAIlI'l'AIIfII) 011 II'l'IIER SIDI OF LOT At' OIIlIEU DtSCRfttOIi. LOT AREA: 10340.30 sq. ft. EXHIBIT' A' ~GENP CJ AW..3'I"" ~e;r -$-~ C.:;U'..-v. • ~~AVA/ ---41U~P/A/t$ .:£AI'WE,cev:'.:£ tlJ" (.I,J4 QA~~ ~Q~ -f!,.vv ft.t,}P / LOT 28 TRACT 14063 BUILDING ENVELOPE (APPROX) 3945 sq.ft. 'Z1 ~'Y ·I"!>"!>I * WOTZ. 50\ or lIAR It'AJtI) SETIlACIt IIUS,.. BE SETaACX A IIIM- UWM or 20 n. rROM 'tilE RIAR PlIO- pEarr LIME , 50' or ItEAR It'AJtI) SET- aACJt IIUS,.. BE A JaMllIUK OF 30 n. rROH REAll pROPER'l'lt' LIIIE. ,..HESE SETIIACltS MAY BE HAIM1'AIlIED ON EI,..RER SIDE OF LO'1' A1' OWIIERS DISCRE1'IDM. a -.s- a --- HP?$f"~ ~~G1':U'A( A,.f".!W .af"A'/A/ t!IJtr~P/Nt$ .£A/H:Z~ c~~ LOT AREA: f~' . 11118.85 sq. ft. P. BUILDING ENVELOPE (APPRO X 4334 sq.tt. ",";iii ~" 1" p'a'~ LOT 29 TRACT 14063 EXHIBIT 'A' *NOTE: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE • 50\ OF REAR YARD SET- BACIt MUST BE A MINIMUM OF 30FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTA1NEO ON EITHER SIDE OF LOT AT OWNERS DISCRETION. LOT AREA: 12106.88 sq. ft. ( I I ~I ~1 :~ 4fPENO o .... ~~ -$-~ a:::uw.' • ,4f".£.1 .t:H"AVA/ ---~P/A/<9 EA/J4S:(7~ t~~ l' Q~ LOT 30 (,pi RACT 14063 ,C~t! BUILDING ENVELOPE (APPRO X) 1 &-5125 sq.ft. ~ 'Z.r~ I~' EXHIBIT 'A' CJ -$-~~ • ~~AVA/ ---4U4.tVA/61 '=A/f/.£~ ~HOTE: 50' OF REAR YAIID SETBACK MUST BE SETBACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PEItTY LINE , 50' or REAR YARD SET- IIAClt MUST BE A IUNIMUM OF 30 FT. rROM REAR PROPERTY LIIIE. 'lIIESE SETBACXS KAY BE KAIII'1'AllIED ON EI'lIIER SIDE OF LO'1' AT OWNERS DISCRETION. ~ A'" I pgJJ::d-- t"./C&:!----~-LOT 31 TRACT 14063 LOT AREA: 13025.77 sq. ft. BUILDING ENVELOPE (APPROX) 5898 sq.ft. EXHIBIT I A' \..\\4E ~~o(2.' _.---- o •• r .. f"'~ -.:5'-~ a::uw.' • ~ .at'AVA/ ---t!At'/4t:VA/61.~~ "'" lIO'1'Z, 50' or IIEAIt YARD SftllACX MUST BE SftIIACX A MIN- 1KIlH or 20 1"1'. J'aOlI TIlE IIEAIt rllO- 'D:T'I' LIlIZ , 50' ap IIEAIt YARD Sft- BACJ: MUST H A JUHlHUH or 30 1"1'. J'aOlI IIEAIt PROPU'l'Y LIlIZ. THESE SETBACJ:S MAY BE MAIIITUNII) ON EITHER SIDE or LO'1' AT OWIIERS DISCRftION. -+-.~ BUILDING ENVELOPE (APPROX) 6119 sq.tt. LOT AREA: 13576.14 sq. ft ::::::d~~::::j== LOT 32 TRACT 14063 o~ _ ~~P.~IO~I N!.::!-!--r __ "&1.../ cflj:J ~. '& AF"IZ. I~ I --_ ................. _--.. EXHIBIT' P: 64"G4"Ne o ..M"..e;r" ~ -.5'-~ a::uw. • ,M"61 ~AVA/ ---t!!J(YiI(~.M9 ;A/~t:V'lf BUILDING ENVELOPE (APPRO X) 5256 sq.tt. ·NOTE: 50\ OF It.EAR YARD SETBACX MUST BE SETBACX A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BACX MUST BE A MINIMUM OF 30 FT. FROM It.EAR PROPERTY . LINE. TllESE SETlIACU cfl MAY BE MAINTAINED ~. ON EITHER SIDE OF ' LOT AT OWNERS DISCRETION. LOT 33 TRACT 14063 LOT AREA: 14451.34 sq. ft. "------.~ ---- I , , I ! / .. ROTE: 50\ OF REAR YARD SETlIAClt MUS'l' IE SETBACX A MIN- IMUM OF 20 FT. FJOM TIlE REAR PlIO- PERrY LINE , SOt OF REAR YARD SET- BACIC MUST BE A EXHIBIT 'A' ~~~ a -$'-• --- AW~~ ~~ M'.t£I .:H"AVA/ &IV~.tVA/t$ ""A/Y&~ BUILDING ENVELOPE (APPRO X) e904 sq.ft _ JUHIMUK OF 30 FT. :~-~~L.-e; .... ;;-;:TN'i'::lr"_-===-__ _ FROM UAlt PROPERTY LINE. THESE SE'1'BAClCS "'''' .... '-'Nt" MAY BE MAINTAINED L) ON EITl!ER SIDE O'F'F'"--1!€:...!..r:i'!:~J(."HN LOT AT OW'IIERS DISCRETION. LOT 34 TRACT 14063 ..-/ LOT AREA: 14333.29 sq. ft. 'D Al'"f2..1~~ I --------------------- EXHIBIT 'A' I 1 '" 1fOTI:, SOt or R£.\Jt l'AJII) S£'l'IAcx 1Il1S1:' ar S~8ACX A MI8- :tJroM or 20 n. rRlCNc !'Ill: R£.\Jt PRO- paRT!' LI8a , $Ot Qp R£.\Jt l'AJII) S~_ BACX MOST B! A HIKIMUK or 30 ". FROM R£.\Jt PROPER1'Y LIKE. TRESE SE1'8~CXS HAY B! HAIIi'l'AIlI'l:D ON EI1'RER SIDE OF to'l' AT OiINERS DISCRETION. ---€ ,. IQ."!»2' "', I ___ _ L __ _ l '--- Pt:)IAlT _ D'i'V6 LOT 35 TRACT 14063 aUILOING ENVELOPE (APPROX) 4812 sq.tt. LOT AREA: 12987.59 SQ. ft. -----------~-----------------_. ---... ~ , I i I ! ! I lIO NOTE. 50\ OF REAR YAlI.D S£'1'8ACIC MUST BE 5£'1'BACK A MIN- IMUM OF 20 FT. FROM THE REAR PRO- PERTY LINE i 50\ . OF REAR YARO 5£'1'- BACK MUST 8E A IUNIMUM OF 30 FT. FROM REAR PROPERTY LID. TRESE SE'l'BACICS KAY 8E KAIlI'1'AIIIED ON EITHER SIDE OF LOT AT OWNERS DISCRE'l'ION. o -.s- a HtII?~~ $&"/-14Gf" Q::W"A( ..9A"~ ,a.("AWf/ ---- GllV/ttP/A/61 E#H!Zt::VfF .. IN t:;:.Ilt Ilf..!. PQ.I ~T ORIV£ ~-~ ,-t-LOT 36 TRACT 14063 BUILDING ENVELOPE (APPROX) 4661 sq.ft. LOT AfEA: 11499.35' SQ. ft. !l!-i NOTE. 50' or IZAR , YARD SE'l'BAClC MUST i BE SE'l'lIAClI: A MIM- I' DWM or 20 n. rJON 'l'IIE REAlI PRO- , PEM'Y LINE iSO' _ or IZAR YARD SE'l'- BACK MUST BE A IIlNDIlIII or 30 n. rJON REAlI PIIOPERTY LINE. 'l'IIESE SE'l'BAClCS MAY BE IlAINTAIIIJ:l) ON EI'l'IIER SIDE OF LOT AT OWNERS DISCRETION. "EGE/l/O (] H<f9~~ -$-S;C~~ • AA"S ~A/ --- I~ I ---t!JV/¥,,(,VA/<9 .£A/IeC~ LOT AREA: 11261,69' sq. ft. EXHIBIT 'A' ---, 10' 'LOT 37 TRACT 14063 .. ~ ~Jy§:--i:-,,(l.e-~' ,~~ pg' IC~'~ BUILDING ENVELOPE (APPROX) ~ 4798 sq.ft. _____ ._k_" ______ . ___ ,~, ___ ._. ____ ~~~~. * NOTE, 50\ OF REAR 1 ) YlUtD SETBAClC MOST BE SETIlACX A MIII- lMUM OF 20 FT. FROM THE REAR PRO- PERTY LIIiE , 50\ OF REAR YARD SET- BAClC KUST BE A MINIMUM OF 30 FT. F1IOM REAR PROPERTY LID. THESE SETIIACXS IlAY BE KAIII'l'AIIIBD 011 EI'l'lIER SIDE OF LOT AT OWNERS DISCUTIOII. -- ~ \\ ;----l (J HP?~ ~ 'f-trr / i -$-s=;p~ ~ '-..,1 I • A/f'4U ~A'/A/ /' -,/:t. /', ~_.~_"":::2---r ---~,eP~A/6'E"yI1£~ ~_ fl ~TE: FOR LOTS WITH SIDE ~ YARDS ADJACENT TO GOLF + COURSE, SIDE YARD SETBACKS \~ SHOULD VARY BETWEEN 10 AND 1'1' 15 FEET (LOTS 1, 25 & 38) / I " ~ .............. '" <-"", 1'1~ / " \ I .-/ ~I 2) 50: OF ONE OF THE SIDEYARD MUST BE SETBACK A MINIMUM OF 10 FEET FROM THE SIDEYARD PROPERTY LINES AND 50: OF ONE OF THE SIDEYAROS MUST BE S~iBACK A MINIMUM OF 15 FEET. THESE SEiBACKS MAY BE MAIH- TAINED ON "EITHER SIDE- , YARD OF THE LOT AT THE OWNE~'S DISCRETION. I "" .... .. / <"" ... --l ___ - ~ LOT AREA: 14995.67' L. P6"t,ICI1A1 POI"!"--~ t "LOT 38 TRACT 14063 BUILDING ENVELOPE (APPROX) 6995: sq. ft. 4> .A~ 1l'),91 , j I • I I I 1 .=-,"". ---••• ,~ •. '-_ .... -• ~ lit I~ ~ I~ I ,... ,... ~ ~ ftt III ~ ~ \ LE&'ENO o ~..3"f" ~O' -$-S=~ a:::u-'A( • ",,~ af"4/A/ - - -t!N/~P/A/t9 #A/H:Z~ BurLr"\!~rG EN"JE.L'OPE (AFPROX) 5896 sQ.tt. EXHIBIT 'A' LOT AREA: 14672.46 sq. tt. lei 1) 5~ OF REAR YARO SETBACK MUST BE SETBACK A MINI- MUM OF 20 FT. FROM THE REAR PROPERTY LINE & 5~ OF REAR YARD SETBACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LINE. THESE SETBACKS HAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. 2) 5~ OF ONE OF THE SIDEYARD MUST BE , SETBACK A MINIMUM OF 10 FEET FROM THE SIDEYARD PROPERTY LINES AND 50: OF ONE OF THE SIDEYARDS MUST BE SETBACK A MINIMUM OF 15 FEET. THESE SETBACKS HAY BE HAIN- TAINED ON EITHER SIDE- YARD OF THE LOT AT THE OWNER'S DISCRETION. o -6'- II $?,e;:r" ~&A' s.=~~ .4f'.£.f ~A?N1/ &lUACP/A/6/ .t:A/IeZ~ EXHIBIT 'A' LOT 40 TRACT BUILDING ENVELO?E ,APPROX) 5950 sQ.tt. --, ~ ..... _----------._------- It ~Ij~ I I~ I \ \ ... NOTE: 50\ OF REAR YAR!) SETBAClC KOS'l' BE SftBACIC A 1U1I- lJIUK OF 20 1"1'. noM 'rIlE REAR PlIO- PEarr LIIiE , 50\ or REAR YAR!) Sft- BACIC KUS'l' BE A IUlIlKUK or 30 1"1'. noM REAR PRDPERTY LIB. 'rIIESE SftBAClCS HAY BE KAIII'rAIIIED 011 EI'rIIER SIDE OF LO'1' AT OWNERS DISCRftION. LOT AREA: 13401.27 sQ. ft e. A.PFl...I~!>1 ,. ,.-~ ---..... ----.- EXHIBIT I A' LOT 41 TRACT 14063 BUILDING ENVELOPE (APPROX) 5378 sQ.tt. C:::4"G€NP a ...M?..e;t'" ~ -$'-~ Q::U-'A( • ,«g .t:H"AVA/ ---41UA!.a-'A/61 .F.NJ{Gt~ .. MOTE. 50\ OF REAR YJUtI) SE'1'BAClt KUS'l' U SE'l'1IACJ: A 11111- nctJM OF 20 rr. I'JIOM t'IIB REAR PRO- PIRrr LIlli i 50\ OF RIIJt YAlID SE'l'- BAClt KUST IE A IUllIKUII OF 30 F'1'. I'ROK REAR PROPIRrr LItlE. '1'BESE SETBACltS MAY BE MAIN'1'AII/ID 011 EITHER SIDE OF LO'1' AT 0W!IEltS DISCHE'l'IOII • I~ ~I l ~ I I \ LOT AREA: 12687.00 sq. ft ._--------------._._---". "b _~ .Ic.f~.,: I I .t.eGGNO a N9..3"f"~ -$-SG~~ ., ARU .r::H"A'M/ ---6V-"P/A/t$ '=-A;'j/&~ EXHIBIT 'A' LOT 42 TRACT 14063 BUILDING ENVELOPE (APPROX) 53S8 sq.tt LOT AREA: 12622.94 sq. fl '" HOfE: 50' OF REAR YARD SE'1'BAClI: MUS'l' 11£ SE'1'BAClI: A 11111- %HUM OF 20 IT. rllOM '!'II& REAR PlIO- PZRrr LIIiE , 50' or REAR YARD SE'1'- IAClt MUST BE A IIIMIIIlIK OF 30 F'1'. r1lOH REAR PROPElt'1'Y LIME. 'l.'IIISE SE'1'BACJ:S MAY BE MAIII'1'AlHEO OM EITHER SIDE OF LOT AT OWIIERS DISCRETION. I 'bAPl2.I~1 -",-----,-" I I lIE" NOTE, 50\ OF REAR I YARD SETBACK MUST · BE SETBACK A MIN- · IMUM OF 20 FT. I FROM THE REAR PRO- · PERTY LINE , 50\ OF REAR YARD SET- BACK MUST BE A MINIMUM OF 30 FT. FROM REAR PROPERTY LIlIE. TIlESE SETBACJ:S MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. LOT AREA: 11394.13 sq. ft. EXHIBIT 'A' 6e €ENP a ..w9~~ -$-6Jr~~ • ~~A¥A/ ---~..w#61.FA/~CVW LOT 46 TRACT 14063 BUILDING ENVELOPE (APPROX) 4087 sq.ft. .--------'" S).lQ~:..l!:lW~l ~EXH 1 81 T f ~, I-IOTE U) lO<NOTE: 50\ OF REAR YARD SETBACX MUST BE SETBACX A MIN- IMUM OF 30 FT. FROM THE REAR PRO- PERTY LINE , 50\ OF REAR YARD SET- BACX MUST BE A MINIMUM OF 450 FT. FROM REAR PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION. LOT AREA: 18441.60 sQ. ft BUILDING ENVELOPE 9116 sQ.ft. LOT 47 TRACT . " .. " , , A' ~G€NP [J ..... ~~ -8-S4"~~ • AA"'61 t::H"AVA/ I I t!lUA!a-'A/61 4N1/&:~ , 2) 'So: OF ONE OF iHE SIOEYARO MUST BE SETBACK A MlNIMUM'OF 10 FEET FROM iHE ' SIDEYARD PROPERTY , LIlIES AND SO: OF ONE OF !HE SIDEYARDS MUST BE SETBACK A MINIMUM OF 17 FEET. iHESE SETBACKS MAYBE MAl N-. TAINED ON EASi'El2LYSlOE-; , YARD ONL.Y. '::4"6'4"#.0 o -.5-• ~~ ~ -.s-€t--~"-:; Sttr~ a::uw." ~&f ~AI//V t!IV~.rvAA$ 4A/HfZ~ *' NO'1'E: 50\ OF REAR YARD SETBACK MUST BE SETBACK A MIN- IMUM OF 2S FT. FROM THE REAR PRO- PER1'Y LINE , 50\ OF REAR YARD SET- BAClC MUST BE A MINIMUM OF 35 FT. FROM REAR PROPER1'Y LINE. THESE SETBAClCS MAY BE HAINTAlNEl) ON EITHER SIDE OF LOT AT OWlIERS DISCRETION. LOT 48 TRACT ¢AP. 14063 '~<S" BUILDING ENVELOPE (APPROX) LOT AREA: . _~6018_sq.tt ___ ... _________ ._1..~229.71sq. ft . SP'SAA( "Z.l Mo/>.Y \~( ".'--_.----_. NOTES::ff. 1) 5~ OF REAR YARD SETBACK MUST BE S~TBACK A MINI- MUH OF 20 Fi. FROl1 iHE REAR PROPERTY LINE & 5~ OF REAR Y ARD S~TBACK MUST BE A MINIMUH OF 30 Fi. FROM REAR PROPERTY LINE. iHES~ S~TBACKS MAY BE MAINTAINED ON E!iHER SIDE OF LOT AT OWNERS DISCRETION. 2) S~ OF ONE OF iHE SIDEYARO MUST BE S~TBACK A MINIMUH OF 10 FEET FROH iHE SIOEYARD PROPERTY LINES AND 50: OF ONE OF iHE SIOEYAROS MUST BE S~TBACKA MINIMUM OF IS RET. iHES£ SflBACKS MAY BE MAIN- TAINED ON ~ SIOE- YARD ONLY. .., EXHIBIT 'A' SiP«CA0f ~ ~I I >:.:.;.>;.;.:-:.;. .. . .. • .. , " --- LOT 49 TRACT 14063 B!:ILDING ENVELOPE (AFFROXi LOT AREA: 6003 sQ.ft. 14296.11 sq. ft. / i LOT AREA: 15129.17sq. ft. '* NOTES: 1) 5~ OF R£AR EXHIBIT 'A' YARD smACX IISST BE SETBACK A MINI- IIJK OF 20 FT. FROI1 THE R£AR PROPERTY o -.s-• --- .M'~ ~ LINE " 5~ OF REAR &!t"~ a::uw. YARD SETBACK IISST "ur.,:;, ~AUV BE A KINIHUH OF 30 ~a-'AIfS 4"~i::V'1: FT. FROM R£AR 51IIOA' .... 14J1otT' \..1M M"'8 = s ...... u.. NC>r' . exCllaO 1110 ....-: ..... y~ vP"'"" 'l.~ FI" ::::::: ~>' A8I 6 Q-1 A .:.:.,. I"\AX. OF 'Z4 Fr. PROPERTY LINE. THESE SETBACKS MAY BE MAINTAINED ON EITHER SIDE OF LOT AT OWNERS DISCRETION •. 2) . 5~ OF ONE OF THE SIDEYARO MUST BE SETBACK A MINIMUM OF 10 FEET FROM THE SIDEYARD PROPERTY LINES AND 5~ OF ONE I OF THE SIDEYARDS MUST i BE SETBACK A HINlHUll : OF 15 FEET. THESE I SETBACKS MAY 8E MAIN- TAINED ON We!5lElZ.!.-Y StDEyA\aD ONL'f. LOT 50 TRACT 14063 I::SUILOING ENVELOPE (APPRQX> 7014 sq.ft. 2) SC: OF ONE OF In~ S;O~~ARO MUSi 3£ SEiSACr. A MI~IMUH OF 10 i=!!7 ;:~OH iii£ S;OE~ARO ?ROP~~TY I.!N£S AHD Sir. OF ONE OF iiiE S rOE'! AROS MUSi BE SETaACX A MINIMUM OF l5 i=!E7. ilim SmAC:<S MAY 3£ AAIN- iAIN£O OM ~fl!L.YS!O£· YARO ONLY (I) , '*1IO'1'Z' 50\ OF REAa l'AlUl SETBAClt IIUST IE SETIACX A MIM- IKIJK OF '2S rr. noM THE R.£.U FRO- 'ERTr LIME , SOt or REAR YARD SET- IACX MUST IE A JlINlKUK OF as rr. rJOH R.£.U PROPERTY LINE, THESE SETIACXS MAY BE MAINTAINED ON EITHER SIDE OF LO'1' AT OWNERS DISCRETION. EXHIBIT ' A' -..5"-• --- I 1 I ! I2e.TAI'" I NG ')-----w.t..u..s LOT 51 TRACT 14063 BUiLDING ENVELOPE <APPRO)(j 9013 sq.ft. LOT AREA: 18296,62 sq. ft. * NOTS. 50\ OF REAR YAlU) SETBACX HUn BE S~BACX A H1N- IHlIM OF 20 !"l'. I"lICIH '1'1IE REAR PRO- PERTY LINE , 50\ OF REAR YAlU) SE'!'- BACX MUST BE A MllllMUM OF 30 !"l'. FROM REAR PROPERTY I.1HE. 'l'lIESE SE'l'IIACltS MAY BE MAlll'1'A111ED ON E1'l'lIER SIDE OF LO'1' AT OWlfERS DISC~ION. EXHIBIT 'A' LOT 52 TRACT 14063 BUILDING ENVELOPE (APPRQX) 51a! sq.tt. LOT AREA: 11744.65 sq. ft. o -$'-• H41..31"'~ ~aavA( "'A'~ &::H"Al/A/ <1:J,V.eP/A/$ .£A/I1SC~ SPIS?,o,! *' 1IO'1'E' so \ OF UAR YARD SETBAClC MUST BE SETBACX A MIN- IXIJH OF 20 FT. F_ TIlE UAR PRO- PERTY LINE , 50\ OF UAR YARD SET- BACX MUST BE A JlIIlIIIUM OF 30 FT. F_ UAR PROPERTY LINE. THESE SETBACRS MAY BE MAIIITAIIIEO ON EITHER SIDE OF LOT AT OWlIERS DISCRETION. EXHIBIT 'A' .' , , LOT 53 TRACT 14063 BUILDING ::NVELOPE CAPPROXJ 4084sq.ft. LOT AREA: 11805.27 sq. ft. ,e"6'e"#0 CJ ,.,~~ -$-$4"~ a:::uw.- • ,4f'4W Jt:H"AZ/# ---i!IV~a;AA9 #A/I/&:~ .. b C'J'6 t... 1oI~ UMI'1S S""AW...NOT e.,,<ca:e:o I~ "'T": Io'IA.Y 10:-.....0.. V"''TO'Z.'!> ,..,.., ~R.~,A.. ~. 00= 'Z.4 <=T': o -s- a """~ ...w&7B' &!r~ a::uw. ..9A"61 .:::H"A'AV .1!JV4C.tYA/cS ENJ1£tYiF 1'* NO'1'E: 50\ OF !lEAR i YAllD SI!!'l'BAClt MUST , BE SI!!'l'BAClt A MIN- IMUM OF lO FT. FROM TII.E RI!!AlI. paa- PI!!1lTY LIN!!! , 50\ OF UAIt YAllD SI!!'l'- a.\Clt MUST BE A MINIMUM OF )0 FT. FIIOH !lEAR PROPEJt'1'Y LIN!!!. THESE Sl!!'l'BACltS MAY BE MAIN'1'AIHED ON EITHER SIDE OF I.O'1' 1.'1' OWNERS DISCRI!!'l'IOIi. EXHIBIT 'A' LOT 54 TRACT 14063 aUILDlNG ENVELOPE (APPRO"-1 5970 sq.ft LOT AREA: 12966.44 sq. ft Sf"t!OAI loIalGi>UT UMITS '2.1 ~ ."lI"!>1 _______ r __ "'''' __ _ 4£6'£#.0 a AIW..e;r~ -.5'-&£~ a::uw. • AA'J£II .t:H"'AVAI' ---4V-ekA/($ .rA/J{:!Z~ * 1IO'l'Z. 50\ Of' UAIt YAIUI SE'l'BAClt IIOST BE RTIIACX A 1lI1I- nctIM or 20 1'1'. raoK '1'IIE UAIt PlIO- PEa1'r LIIiE , 50\ OJ' UAIt YAIUI SET- BACJ: IIOS'1' IE A HlIII_ OF 30 1'1'. "ROM UAIt PIIOPEa1'r LIIIE. 'rIIESE SETlACXS KAY IE IlAIII'1'AIIIEII 011 EI'l'BEa SIDE OF LO'l' A'1' 0IiIIEaS DISCaETIOli. EXHIBIT 'A' LOT 55 TRACT 14063 BUILDING ENVELOPE (AFPRQ)Q 5969 sq.ft. LOT AREA: 12957.31 sq. ft. I~ ... ...... u...NOr e>(c:::\IUO!J:) 1'0 c::T." ~yt:t~ UP 'It> 'Z.& F'I": ~y •• bC'1J A """""'. 01" 'ZA-F17 EXHIBIT B TO CUSTOM LOT DECLARATION LOT AND COMMUNITX LANDSCAPE PALETTES I. Lot Landscape Palette (Excluding Streetscape Zone) At least fifty percent (50\) of the front yard area plant material and at least thirty percent (30\) of the side and rear yard plant materials must be selected from the following plant palette: Trees: Erythrina caffra Erythrina humeana Eucalyptus ficifolia Ficus rubiginosa Ficus florida Ficus retusa nitida Melaleuca guinguenervia Melaleuca nesophila Metrosideros excelsus Palm spp. Pinus halepensis Pinus pinea Pinus torreyana Schinus terebinthifolius Shrubs: Aloe spp. Bougainvillea spp. Ceanothus griseus horizontalis Escallonia fradesii Feijoa sellowiana Hibiscus spp. Melaleuca nesophila Carissa grandiflora Coprosma repens Eugenia myrtifolia 'compacta' Ligustrurn japonica 'Texanurn' Myoporum parvifolium 'Pacifica' Pittosporurn tobira Pittosporum tobira 'Wheelerii' Raphiolepis indica Rhamnus californica Rosa spp. Syzigium paniculatum Xylosma congestum EXHIBIT B (Page 1) K~ffirboom Coral Tree .. ·Natal Coral Tree Red Flowering Eucalyptus Rustyleaf Fig Flowering Fig Indian Laurel Fig Cajeput Tree Pink Melaleuca New Zealand Christmas Tree Palm Aleppo Pine Italian Stone Pine Torrey Pine Brazilian Pepper Aloe Bougainvillea wild Lilac Pink Escallonia pineapple Guava Hibiscus Pink Melaleuca Natal Plum Mirror Plant Dwarf Eugenia Waxleaf Privet Prostrate Myoporum Mock Orange Dwarf Mock Orange India Hawthorn Coffeeberry Rose Australian Brush Cherry Xylosma Ground Cover: At least fifty percent (50%) of the front yard planting area must be planted with groundcover other than turf. Coprosma kirkii Hedera helix 'Hahns' Lampranthus aurantiacus Rosmarinus officinalis 'Lockwoodii' Trachelospermum jasminoides Turf Species Vinca Vines: Bougainvillea spectabilis Cissus rhombifolia Clytostoma callistegioides Distictus buccinatoria Ficus pumila Gelsemium sempervirens Myoporum p. 'Pacifica' Tecomaria capensis Trachelospermum jasminoides Coprosma English Ivy Ice Plant Rosemary Star Jasmine Turf Periwinkle Bougainvillea spp. Grape Ivy " Violet Trumpet Vine Blood Red Trumpet Vine Creeping Fig Carolina Jessamine Prostrate Myoporum Cape Honeysuckle Star Jasmine Plant materials not on this list are subject to approval by the Architectural Control Committee and the Board of Directors of the Association and may also require the approval of the Golf Course Owner pursuant to the special covenants, conditions and restrictions set forth in the Golf Course Easement Agreement recorded May 23, 1991, as Instrument No. 91-254012 , Official Records, Orange County, California. If, because of lack of availability, disease, insect infestation, lack of soil fertility, or other adverse conditions, the plant materials cannot be replaced as described above, plant materials of similar character, size, color, and texture maybe substituted subject to review and approval of the Declarant. II. Landscape Palette for Common Area and other Association Maintained Areas Slope Area Trees: Erythrina humeana Shrubs: Bougainvillea spe~tabilis 'San Diego Red' Escallonia fradesii EXHIBIT B (Page 2) Natal Coral Tree Bougainvi Ilea Pink Escallonia Grevillea "Noellii" Hibiscus spp. Ground Cover: Trachelospermum jasminoides Carissa grandiflora 'Tuttlei' Vines: Bougainvillea spp. Cul-De-Sac Islands Shrub: Grevillea 'Noelli' Trees: Phoenix reclinata Ground Cover: Trachelospermum jasminoides Streetscape Zone Trees: Ficus nitida Ground Cover: Turf Community Entry Trees: Erythrina caffra Ficus Nitida Phoenix reclinatas Pinus halepensis Pinus pinea Shrubs: Carissa grandiflora 'Tuttlei' Pittosporum tobira 'Variegata' Grevillea 'Noelli' EXHIBIT B (Page 3) Grevillea Hibiscus Star Jasmine Tuttles Natal Plum Bougainvi !lea Gievillea Senegal Date Palm Star Jasmine Ficus Marathon Sod or Equivalent Kaffirboom Coral Tree Ficus Senegal Date Palm Aleppo Pine Italian Stone Pine Tuttles Natal Plum Variegated Mock Orange Grevillea Ground Cover: Trachelosperum Jasminoides Turf vines: Bougainvillea spp. Ficus pumila star Jasmine Marathon Sod or Equivalent Bougainvillea Creeping Fig At least fifty percent (50\) of the front yard planting area must be planted with groundcover other than turf. Plant materials not on this list are subject to approval by the Architectural Control Committee and the Board of Directors of the Association and may also require the approval of the Golf Course Owner pursuant to the special covenants, conditions and restrictions set forth in the Golf Course Easement Agreement recorded May 23 ,1991, as Instrument No. 91-254012 , Official Records, Orange County, California. If, because of lack of availability, disease, insect infestation, lack of soil fertility, or other adverse conditions, the plant materials cannot be replaced as described above, plant materials of similar character, size, color, and texture may be substituted subject to review and approval of the Declarant. EXHIBIT B (Page 4) Declaration Lanquage March 21, 1991 NEWPORT COAST LANDSCAPE MAIN'l'JINANCE CRI'l'JIRIA Pe~ican Point Residential Community Common Areas I . STA'1'I:MJIN'1' OF IN'l'EN'l' These criteria have been developed to illustrate the ultimate landscape design intent. Landscape maintenance and horticultural practices should be executed in accordance with these criteria in order to aChieve this ultimate character. This will help to assure that the landscape, irrigation system, and site is maintained in a first class, healthy and well groomed state at all times. Materials, methods and procedures should be the most recently recommended, recognized and/or registered for the industry. II. LANDSCAPE MAINTENANCE ILLOSTRATIONS Refer to Illustrations A through G to determine the location of the following sections which illustrate the Landscape Maintenance Criteria: EXHIBIT C I , • • , " >~': i'-~t ,':-:!.,'. "\' ~._~ i-i. .' tE,-"';"'---'--"';"'",..--Pelican Point ~ .. NEWPORT COAST PLANNED COMMUNITY '" ~ -.' ,. , ~ ILLUSTRATION A ------..... _-----"--'---- CRYSTAL COVE STATE PARK ~ ~ is for illustration purposes only. It shows a landSCilpe concept consistent with the landscape guidelines. It is not a final landSCilpe plan. Sections shown in the Pelkan Point lIlustration reference the illustration graphics and criteria C through C. PELICAN POINT ILLUSTRATION B TREE (Erythrina caffra) GROUNDCOVER +----SHRUB Note: I I I f Maximum tree height is 28 feet. INTERSECTION / SLOPE PLANTING Tree Maintain Erythrina caffra as a multi-branched, graceful tree and cultivate to a full mature height and spread. Prune to promote structural strength and to accentuate natural form and features. Prune no more than once a year to thin and shape to prevent wind and storm damage. As a rule, no more than twenty percent (20%) of foliage shall be removed at one time. Prune only during dormant season immediately after blooming to maximize flowering. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk or main stem. Strictly regulate the irrigation of these trees. Over watering can cause weak and brittle limbs. Fertilizeduringthemiddle of March with appropriate fertilizer. Guy as required. Shrubs Maintain shrubs as informal massings with maxi- mum flowering. Allow mature height to achieve a visual screen of retaining walls and allow foliage to grow to the ground. Allow shrubs to extend over V- ditches and to cascade over the tops of the retaining walls. Prune only after flowering. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk or main stem. Shearing is not permit- ted. Ground Cover Maintain mature, informal growth of groundco\'er with maximum flowering. Allow foliage to over- hang the curb edge to soften appearances. Prune only after flowering in late summer to maintain a consistent height and spread. All pruning cuts ad- jacent to curb shall be made to lateral branches or buds, or flush with the trunk or main stem. Shearing is not permitt.!li, ILLUSTRA nON C +----TREE (Ficus retusa 'Nitida? TURF---------------~ SHRUB -----'<" Note: Maximum tree height is 28 feet. STREET TREE PLANTING Tree Maintain Ficus retusa 'Nitida' as a multi-branched, graceful tree and cultivate to a full mature height and spread. Prune to promote structural strength and to accentuate natural form and features. Prune no more than once a year to thin and shape to prevent wind and storm damage. As a rule, no more than twenty percent (20%) of foliage shall be removed at one time. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk or main stem. Fertilize during the middle of March with appropriate fertilizer. Maintain plumb trunks at all times. Guy as required. Shrubs Maintain shrubs as informal massings with maxi- mum flowering. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk or main stem and prune only after flowering. Shearing is not permitted. Allow mature plants to screen retaining walls, cascade over the tops of retaining walls, and allow foliage to grow to the ground. Turf Maintain turf in a healthy and well groomed condi- tion. Mow and edge weekly following the general shape of the turf area. Change mowing patterns to avoid rutting and compaction. Remove excess clip- pings from the site. Edge with a blade type mechani- cal edger. String whip type edgers are not allowed. Provide a 2"clear space around obstacles in the turf area. ILLUSTRATION D TREE (Erythrina caffra> GROUNDCOVER----------~ Note: Maximum tree height is 28 feet. GATEHOUSE ENTRY PLANTING Tree Maintain Erythrina coralloides as a multi- branched, graceful tree and cultivate the full mature height and spread of the canopy structure. Prune no more than once a year to thin and shape to prevent wind and storm damage. Prune to promote structural strength and to accentuate natural form and features.As a rule, no more than twenty percent (20%) of foliage shall be removed at one time. Prune only during dormant season after blooming is completed to maximize flowering. All prun- ing cuts shall be made to lateral branches or buds, or flush with the trunk or main stem. Strictly regulate the irrigation of these trees. Over watering can causeweakand brittle limbs. Fertilize during the middle of March with ap- propriate fertilizer. Ground Cover Maintain mature, informal growth of groundcover with maximum flowering. Allow ground cover to overhang the curb or walk edge slightly so that no bare ground is visible. All pruning cuts adjacent to walk shall be made to lateral branches or buds, or flush with the trunk or main stem. Prune only after flowering in late summer to maintain a consistent height and spread. Shearing is not permitted. ILLUSTRATION F TREE--------____________ ~ (Phoenix reclinata) +---SHRUB +--GROUNDCOVER Maximum tree height is 28 feet. CUL-DE-SAC PLANTING Tree Maintain Phoenix reclinata as a multi-trunked, graceful tree and cultivate to a full mature height and spread. Maintain a full heads of fronds and only remove brown, broken, or diseased fronds. Maintain clean skinned trunks of overs tory canopy and allow suckers to grow into a graceful understory canopy. No more than twenty percent (20%) of the frond canopies shall be removed at one time. Fertilize during the middle of March with appropriate fertilizer. Shrubs Maintain shrubs as informal massings with maxi- mum flowering. Prune only after flowering to maintain consistant height. Do not prune shrubs away from base of palms. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk or main stem. Shearing is not permitted. Ground Cover Maintain mature, informal growth of groundcover with maximum flowering. Allow foliage to over- hang the curb edge to soften appearances. Prune only after flowering in late summer to maintain a consistent height and spread. All pruning cuts adjacent to curb shall be made to lateral branches or buds, or flush with the trunk or main stem. Shearing is not permitted. ILLUSTRATION E TREE--------------------------------+ (Phoenix reclinata) GROUNDCOVER----------------+ Note: Maximum tree height is 28 feet. GATEHOUSE PLANTING Tree Maintain Phoenix reclinata as a multi-trunked, graceful tree and cultivate to a full mature height and spread. No more than twenty percent (20%) of the frond canopies shall be removed at one time. Maintain full heads of fronds and only remove brown fronds. Maintain clean skinned trunks of overstory canopy and allow suckers to grow into a graceful understory canopy. Fertil- ize during the middle of March with appropri- ate fertilizer. Ground Cover Maintain mature, informal growth of groundcover. Remove any brown or dead foliage at base. Shear- ing is not permitted. ILLUSTRATION G AFTER RECORDING MAIL TO: Gibson. Dunn and Crutcher 800 Newport Center Drive. Suite 600 Newport Seach, California 92660 Attention: Brian R. Kirchoff. Esq. I1tl$ 1$ tD certify tltat thIS 1$ , true If!(! =~m;j£\:,CCH" .. Official RecordS. fiRST ~1t.\H nll! I_NCE COMPANY BY ~d,')j!l£1g. !1\,dn. (Space Above This Line for Recorder's Use Only) AMENDMENT NO. 1 TO DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS FOR GOLF COURSE PROPERTY AND PELICAN POINT THIS AMENDMENT NO. 1 TO DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS FOR GOLF COURSE PROPERTY AND PELICAN POINT ( .. Amendment .. ) is made this l}tb day of Sef h-~...... 19:.1 ... 1., by THE IRVINE COMPANY, a Michigan corporation (the "Declarant"), with reference __ t:o the following facts: A. Declarant .is-, the fee owner of certain real property located in the unincorporated territory of Orange County, California. described as: Lots I to 56. inClusive, Lot 58, Lot S9 and Lots A. a, C, D, G. H# I# J and L of Tract No. 14063. per map filed in Book 670, Pages 23 through 29, inclusive. of Miscellaneous Maps, Records of Orange County. California (the "Covered Property·). a. Declarant has caused the Covered Property to be subjected to the covenants, conditions and restrictions set forth in the Declaration of SpeCial Covenants, Conditions, Restrictions and Establishment of Easements for Golf Course Property and Pelican Point t recorded May 23, 1991, as Instrument No. 91-254012, Official Records of Orange County. California (the "Golf Course Easement Agreement·). C. Pursuant to its terms. the Golf Course Easement Agreement may be amended by the Declarant so long as Declarant is the sale owner of fee title to the Covered Property. D. Declarant is the sole owner of fee title to the Covered Property. 4 NOW~ THEREFORE. Declarant hereby amends the Golf Course Easement Agreement as follows: 1. Section 2.4. parag.aph (a), subparagraph (i) is amended to read as follows: "(i) over a ten (10) foot wide buffer easement located within the Golf Course Property immediately adjacent to the Residential Property for ingress and egress for the installation, use, maintenance. repair, restQration and replacement of the masonry stucco wall with pilasters and any tubular steel fencing installed thereon by a Residential Lot Owner which, in part. surrounds the Residential Property and which is depicted on Exhibit C. together with the gata and lock therein at that pOint designed to permit limited ingress and egress to the Golf Course Access Path. but excluding the access key mechanism. The easement rights established and reserved hereby shall n2t include the right to remove or alter any of the above-described Improvements with an Improvement inconsistent in type, WPN:5597V 09/16/91 style. height or color with the Improvements initially installed by Declarant. unless such Improvements subsequently installed by the Association or by a Residential Lot OWner are (A) approved by the Architectural Control Committee, (5) comply with any requirements and applicable specifications set forth in the Custom Lot Declaration and Design Guidelines, and (C) comply with the requirements of this Declaration;- 2. Section 6.16 is amended to read as follows: "Section 6 16 -Dispute Resolutipn. Any controversy, dispute, or claim whatsoever arising out of. in connection with. or in relation to the interpretati~n. performance or breach of any of the prOvisions of the Association Management Documents, including, without limitation, the validity, scope and enforceability of this general reference provision, shall be settled, at the request of any party thereto, by a general reference conducted in the County by I judge pro tem appointed pursuant to the provisions of California Code of Civil Procedure Section 638(1) At ~., as they may be amended from time to time, who shall be a retired judge of the Superior Court of the State of California. The referee shall follow all of the s~atutes and rules applicable in a proceeding before the Supe.rior Court of the State of California for the Cq~n~y of Orange, including, without limitation, the statutes and rules pertaining to discovery. If the parties cannot agree upon a referee. one shall be appointed by the Presiding Judge of the Orange County Superior Court from among the court's list of retired judges of the Superior Court.- 3. Exhibit C to the Golf Course Easement Agreement is deleted in its entirety and is hereby replaced with Exhibit C attached hereto and incorporated herein by this reference. 4. Except as mOdified by this Amendment, the Golf Course Easement Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Declarant has executed this Amendment the day and year first above written • WPN:5597V 09/16/91 • THE IRVINE COMPANY. ',a Hl~orati~ ~ BY:~~ Its: tIde til1.tk.,t- By: 2 III. GENEUI. REQOIJUI:MII:N'l'S A. Gener&l 1. Plant Replacement: All trees, shrubs, and ground covers specified herein that have failed or been removed shall be replaced with plant materials which are the same species, size, and character of like plant materials. If, because of lack of availability, disease, insect infestation, lack of soil fertility, or other adverse conditions, the plant materials cannot be replaced as described above, plant materials of similar character, size, color, and texture may be substituted subject to review and approval of the Irvine Company, Coastal Community Builders. 2. Project Inspections: The Association shall meet with the Landscape Maintenance Contractor on a monthly basis for the purpose of determining compliance with this Landscape Maintenance Criteria. IV. TECHNICAL CRITli:RIA A. Tree Maintenance 1. General: All trees in the common areas shall be maintained in a healthy, vigorous growing condition at all times. Trees shall be subject to a height limit of 28' within the Pelican Point Community common areas. Pruning of trees should be accomplished to provide as natural an appearance as possible within this height limit. Trees species for the common areas at Pelican Point are listed below: Botanical Name Ficus m. nitida Phoenix reclinata Common Name Indian Laurel Fig Senegal Date Palm 3 Erythrina caffra Pinus halepensis Pinus pinea 2. Pruning: Kaffirboom Coral Tree Aleppo Pine Italian Stone Pine Refer to: The University of California publication AXT-288, "Pruning Landscape Trees," as a general reference to proper pruning. a. General: (1) Trees shall be pruned according to Class A pruning criteria. (2) Tree prunj.ng shall have two basic objectives: (a) to promote structural strength; and (b) to accentuate the trees natural form and features. (3) Under no circumstances shall stripping of lower branches ("raising up") of young trees be permitted. (4) Proper side branch removal requires cutting at the main trunk just beyond the branch bark ridges. (5) No more than 20% of the foliage shall be removed at one time. (6) "Stub" cuts or "topping" of branches is not permitted. b. Specifics: (1) Trees with a strong central leader generally need little or no pruning. As a general rule, the single central leader should never be radically topped or cut back which will create an unnatural multi- leader form and an abundance of weak vegetative growth. 4 (2) Remove all suckers, water sprouts, crisscrossing, dead, diseased, broken, heavily laden side branches, to thin crown for less wind resistance. (3) Trees with multi-leaders or branched main trunk system shall be pruned to select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached; which have vertical spacing from 18 to 24 inches and radial orientation so as not to overlay one another; to eliminate diseased or damaged growth; to ,eliminate narrow V-shaped branch forks that lack strength; to reduce toppling and wind damage by thinning out of crowns; to maintain growth with space limitations and to maintain a natural appearance. (4) Evergreen trees shall be thinned out and shaped only when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the dormant season. Damaged trees or those that constitute health or safety hazards shall be pruned at any time of the year as required. 3. Tree Wells: a. Bare soil tree wells shall be maintained around all trees. A circle with a radius of six (6") inches beyond the bark of the tree shall be maintained free of grass, weeds, ground cover, etc. b. Use a shovel cut or contact herbicide spray (Phytar 599R, Ansul Company or equal) to control grass. Spray as often as necessary to control vegetation but no greater than once per month. Avoid spray contact with the tree bark. Pre-emergent herbicides may be used to control weeds; 5 caution must be exercised not to damage the adjacent turf grass. B. Shrub and Ground Cover Ha.intanance 1. Pruning: a. The general objectives of pruning shrubs is to maintain growth within space limitations as shown by the Landscape Maintenance Criteria Illustrations; to eliminate diseased or damaged growth; and to select and develop permanent branches. b. Shrubs shall not be clipped into balled, boxed or standard forms. All pruning cuts shall be made to lateral branches or buds, or flush with'the trunk or main stem. "Stubbing" or "shearing" is not permitted. C. ~f Ha.intenance 1. Lawn areas for common areas consist of Festuca elatior arundinacea "Medallion" Tall Fescue or equal. 2. Mowing: The lawns shall be mowed weekly, once every seven days, following the natural contours or general shape of the lawn area. 3. Edging: a. All lawn edges, both along the sidewalk and shrub border areas, shall be edged at least once per week during the active growing season from March to October, and as required for appearance between October and March. b. Edging shall be performed with a blade type mechanical edger only. String type whips are "not allowed. The cut edge shall appear as a clean, straight vertical line. 6 91:'254012. WHEN RECORDED RETURN ','0: Gibson, Dunn & Crutcher 800 Newport Center Drive, Suite 600 Newport Beach. California 92660 R£CORD!(;G REti...;::.:.: ~ L: 'n- r:QST AMERICAN TITLE :I." CO RECORDED IN OFFICIAL RECORDs OF ORANGE COUNTY. CALIFORNIA 'J1~Q AM Attn: Brian R. Kirchoff. Esq. ARTICLE 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1. 20 1. 21 1. 22 1. 23 1. 24 1.25 1. 26 1. 27 ARTICLE 2,1 2.2 2,3 2.4 2.5 I (Space above this line for recorder's use only) DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS FOR GOLF COURSE PROPERTY AND PELICAN poINT Table of Contents RECITALS DEFINITIONS Architectural Control Corrunittee Association"' Bluff Top Trail Board Common Area Lots Community Entry County Covered Property Custom Lot Declaration Oeclal:ant Design Guidelines Drainaqe Improvements Draina~e Monitoring Program Exhibit Golf Course Easement Agreement Golf Course Owner Golf Course Access Path Golf Course Property Golf Course Rules and Regulations Hazardous Material Improvement Pelican Point Declaration Residential Lot Residential Lot Owner Residential Occupancy A,rea Residential Property Tract No. 14063 II EASEMENTS Amendm~nt to Eliminate Easements Nature of Easements Easements Established and Reserved to Declarant for Golf Course Irri9ation and Drainage, for the Drainage Monitoring Program and for Access purposes Easements Established and Reserved for the Association and Residential Lot Owners Easemer,t Over Golf Course Access Path For Beach Access WPN:1926V 05/01/91 (i) MAY23'91 ~ 1 2 2 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 4 5 5 5 5 5 5 5 5 5 5 5 8 2.6 2.7 ARTICLE 3.1 3.2 ARTICLE 4.1 4.2 ARTICLE 5.1 5.2 5.3 5.4 5.5 5.6 ARTICLE 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 EXHIBITS A B, B-1 - C D E, E-l - Conditions Applicable to the Use and Enjoyment of the Easement Over the Golf Course Access Path; Relocation and Termination of Golf Course Access Path; Use of Bluff Top Trail Notice of Intent to Enter Upon Residential property by Golf Course Owner or Association upon Golf Course Property 8 10 III INDEMNIFICATION 10 Use of Drainage Improvements Maintenance of Drainage Improvements 10 11 IV ENFORCEMENT 11 V Association Failure to Maintain Drainage Improvements Default and Remedies SPECIAL COVENANTS ENFORCEABLE BY GOLF COURSE OWNER / Benefited and Burdened Property Preservat~ of Architectural and Landscaping Character Review of Plans, Specifications and Finished Improvement Operation of Guard House Facility Landscaping Height Limit Enforcement 11 13 13 13 13 14 14 15 15 VI GENERAL PROVISIONS 15 No Waiver CUmulative Remedies Severability Easements. Covenants to Run with the Land; Term Construction Number and Gender Nuisance Attorneys' Fees Notices Effect of Declaration Personal Covenant Nonliability of Officials Construction By Declarant Amendments ' Mortgagee Protection Clause Arbitration DESCRIPTION OF COVERED PROPERTY 15 15 15 15 15 16 16 16 16 17 17 17 17 17 18 18 DRAINAGE IMPROVEMENTS AND DETENTION BASINS ASSOCIATION MAINTAINED FENCING, ENTRY STATEMENT, AND ENTRY WALLS; GOLF COURSE ACCESS PATH FOR BEACH ACCESS ASSOCIATION MAINTENANCE OF STREETSCAPE LANDSCAPING WITHIN GOLF COURSE PROPERTY (LOT A OF TRACT NO. 14063) ASSOCIATION MAINTENANCE OF ENTRY LANDSCAPING, GOLF COURSE OWNER EASEMENT OVER COMMON AREA FOR USE OF GOLF CART PATH AND OVER COMMON AREA AND CERTAIN LOTS FOR MAINTENANCE OF PERIMETER FENCING AND MASONRY WALLS WPN: 1926V 05/01/91 (ii) DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS FOR GOLF COURSE PROPERTY AND PELICAN FOINT Statement of Recitals THIS DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS (the "Declaration") is made this ~ day of }f~ , 1991, by The Irvine Company, a Michigan corporation (the -Declarant-), as more specifically defined in Section 1.10, with reference to the following facts: A. Declarant is the fee owner of certain real property located in the unincorporated territory of the county of Orange, State of California, described in Exhibit A attached to this Declaration, which shall be the Covered Property (as more specifically defined in Section 1.8) under this Declaration. B. Declarant intends to improve the Covered Property by developing the Residential Property (defined in Section 1.26) as a custom lot project together with related Common Area Lots (defined in Section 1.5) and the Golf Course Property (defined in Section 1.1a) as a portion of/'a golf course facility with related improvements. C. Because of the close proximity of the Residential Property and the Golf Course Property. and for the purposes of enhancing and protecting the value, desirability and attractiveness of the Covered Property and enhancing the quality of the environment within the Covered Property, Declarant has deemed it desirable to establish reciprocal easements upon the Covered Property. subject to the terms and conditions hereof; which will facilitate and enhance the improvement. occupancy, use and enjoyment of the Covered Property and each and every portion thereof both by the Golf Course Owner (defined in Section 1.16), the Association (defined in Section 1.2) and each Residential Lot Owner (defined in Section 1.24). D. As the Golf Course Owner. Declarant has a strong interest in preserving the character. desirability and attractiveness of the Residential Property in order to protect and enhance the value of the Golf Course Property. Declarant therefore deems it desirable to establish certain special covenants. conditions and restrictions upon the Residential Property for the benefit of the Golf Course Property. E. Declarant will hereafter hold and convey title to all of the Covered Property subject to those easements established and reserved herein and will convey the Residential Property subject to those covenants, conditions, and restrictions for the benefit of the Golf Course Property, all as hereinafter set forth. NOW, THEREFORE. Declarant hereby covenants, agrees and declares: (i) that all of its interests in the Covered Property. shall be held and conveyed subject to the respective burdens and benefits of the following easements, which are hereby declared to be for the benefit of the particular interests in the Covered Property as described herein. and the owners of said interests. their successors and assigns and (ii) the Residential Property shall be held and conveyed subject to the special covenants, conditions and restrictions for the benefit of the Golf Course Property. The benefit and burden of such easements shall run with said interests and shall be binding upon all parties having or acquiring any right or title in said interests or any part thereof and shall inure to the benefit of the owner of the particular interests in the Covered Property as described hereinbelow. In addition, the benefit of such special covenants. conditions and WPN:1926V 05/01/91 restrictions shall run with the Golf Course Property and shall be binding upon all parties having or acquiring any right. title or interest in the Residential Property. ARTICLE I DRFINITIONS Unless the context clearly indicates otherwise, the following terms used in this Declaration are defined as follows: 1.1 ~Architectural Control Committee" shall mean and refer to the committee established pursuant to the Article entitled "Architectural Control~ of the Pelican Point Declaration (defined below) to consider and act upon proposals or plans sUbmitted for the construction or installation of Improvement (defined below) upon the Residential Property. 1.2 -Association" shall mean and refer to the Pelican Point Community Association. a California nonprofit mutual benefit corporation. 1.3 ~Bluff Too Trail" shall mean and refer to Lot 57 of Tract No. 14063. 1.4 "~" sha~l mean and refer to the Board of Directors of the Association. 1.5 "Common Area Lots" shall mean all areas for the non-exclusive use and benefit of all of the Residential Lot Owners. The Common Area is more particularly described as Lots 59. C, D. G. H, I, J and L of Tract No. 14063. 1.6 "~" shall mean and refer .to: (a) that portion of Lots A and B of Tract No. 14063, which shall be maintained by the Association pursuant to the terms of this Golf Course Easement Agreement, and (b) that portion of the Common Area more particularly described as Lot 59 of Tract No. 14063. 1.7 wCQuniy~ shall mean and refer to the County of Orange, State of California. 1.S WCovered Property· shall mean and refer to the real property which is subject to this Declaration and the burdens and benefits imposed hereby, which includes both the Residential Property and the Golf Course Property. The Covered Property is more particularly described as the real property described on Exhibit A. 1.9 "CustQID Lot Declaration-shall mean and refer to that certain Custom Lot Declaration for Pelican Point recorded concurrently herewith and imposed by Declarant on the Residential Property, and any amendments thereto, such Custom Lot Declaration setting forth the height, building coverage and other restrictions governing the construction of dwelling units on Residential Lots, the installation and maintenance of landscaping thereon, and any other matters set forth therein. 1.10 "Declarant" means (a) The Irvine Company, a Michigan corporation, (b) any successor to Declarant by merger, consolidation. or reorganization, and (c) if an instrument of record specifically assigns the rights of Declarant hereunder, by purchase or by lease 'Jnder a ground lease with a term of not less than one (1) year of the Golf Course Property. 1.11 "~ Guidelines· shall mean and refer to the Design Guidelines ini~ially established by Declarant and as subsequently modified pursuant to the custom Lot Declaration and the Pelican Point DecLaration. WPN:1926V 05/01/91 2 1.12 "Drainage Improvements" shall mean and refer to those certain drainage improvements located upon the Golf Course Property, a portion of which drainage improvements shall be maintained by the Association and all of which shall be available for the benefit and use of the Association as the owner of the Common Area Lots and for the benefit of each Residential Lot Owner as the owner of a Residential Lot pursuant to the terms and conditions of this Declaration. Drainage Improvements shall include pipelines, detention basins and other appurtenant improvements. The Drainage Improvements are shown in greater detail upon those plans entitled "Area Drain Plan,~ dated September 5. 1989, prepared by Hunsaker and Associates which are on file with the County. The approximate location of all of the Drainage Improvements is shown on Exhibits B and B-1, whiCh are attached hereto and are incorporated herein by this reference. 1.13 -Drainage Monitoring Program-shall mean and refer to that certain program developed and modified from time to time by Declarant and/or governmental agencies pursuant to the conditions for the development of the Covered Property or pursuant to laws. rules and regulations as the same may exist from time to time involving the monitoring by the Golf Course Owner of the discharge of Hazardous Material by the Association or by the Residential Lot Owners into the Detention Basins located upon the Golf Course Property, the appzoximate location of which is shown on Exhibit B, either by use of the Drainage Improvements. by use of public storm drains, or ,by other means. The Drainage Monitoring Program. as initially established. has been developed by Declarant pursuant to the requirements of (a) the Local Coastal program for The Irvine Coast certified by the Coastal Commission of the State of California on January 14, 1988, and adopted by the Orange County Board of Supervisors pursuant to Resolution No. 87-7606, on December 2. 1987, and (b) Coastal Development Permit (No. CD 89-27P) adopted by the Planning Commission of the county on October 16, 1989, pursuant to Resolution No., 89-40. 1.14 "Exhibit" shall mean and refer to any document so designated herein and attached hereto and each of such Exhibits is by this reference incorporated in this Declaration. 1.15 HGolf Course Easement Agreement~ shall mean and refer to this Oeclara~ion and any amendments thereto. 1.16 kGolf Course Qwner M shall mean and refer to the fee owner of the Golf Course Property. The Golf Course Owner may assign to the manager of the Golf Course Property, the right to enforce any or all of the rights of the Golf Course Owner. subject to such limitations as may be set forth in the instrument of assignment. 1.17 ~Golf CQurse Access Path" shall mean and refer to that portion of the Golf Course Property consisting of a portion of a golf cart path, the approximate location of which is shown on Exhibit C attached hereto. The Golf Course Access Path may be relocated by the Golf Course Owner as described in Section 2.6(f) of this Golf Course Easement Agreement. 1.18 ~Golf Course PrQOerty~ shall mean and refer to all portions of the Covered Property developed for use as a golf course facility. The Golf Course Property is more particularly described as: (a) Lo~s A, S, 56 and 58 of Tract No. 14063, and (b) Lots 1 through 7, inclusive, of Tract No. 14131. per map filed in Book 662, Pages 42 through 46, inClusive, of Miscellaneous Maps, R~cords of Orange County, California. 1.19 ~Golf Course Rules and Regulations~ shall mean those rules and regulations for the use and enjoyment of the Golf Course Property as initially adopted and promulgated by the Golf Course Owner and as same may be modified from time to time with the approval of the Golf Course Owner. WPN:1926V 05/01/91 3 1.20 ~Hazardous Material" means any substance: (a) the presence of which requires investigation or remediation under the Drainage Monitoring program; or (b) which is or becomes defined as a Khazardous waste* or ~hazardous substance-under any government environmental requirement, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 at ~.) or the Resource Conservation and Recovery Act (42 U.S.C. section 6901 ~ ~.); or (c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, any State of the United States, or any political subdivision thereof; or (d) the presence of which causes or threatens to cause a nuisance to other properties or poses or threatens to pose a hazard to the Covered Property or to the health or safety of persons on or~.about the Covered Property, including, but not limited to, refuse, debris, weeds, chlorinated water 'r,Qm a pool or spa, and household and garden chemicals and sprays from the Residential property which have entered onto the Golf Course Property either by use of the Drainage Improvements or otherwise; Or (e) which contains gasoline. diesel fuel or other petroleum hydrocarbons or volatile organic compounds; or (f) which contains polychlorinated b~phenyls (PCBs) or asbestos or urea formaldehyde foam insulations. 1.21 "Improvement-Shall mean: (a) structures and appurtenances thereto of every type and kind. including, but not limited to, buildings, outbuildings, the guardhouse, walkways, sprinkler and sewer pipes or lines. drainage lines and catch basins, garages, tennis courts. swimming pools. spas and other recreational facilities. gazebos. roads, driveways. walkways and other hardscape. parking areas, fences, gates, together with entry and lock mechanisms thereto, screens, screening walls, retaining walls. awnings, patio and balcony covers, stairs, deCks. landscaping. hedges. slopes, windbreaks, the exterior surfaces of any visible structure, trees and shrubs. flowers, poles, signs, solar or "windpowered energy systems or equipment, and water softener or heater or air conditioning and heating fixtures and equipment; (b) the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; (c) the grading, excavation, filling. or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern or change of streambed; (d) trees and other landscaping, planting, vines, clearing, or removing of trees, shrubs, grass, or plants; and (e) any change or alteration of any Improvement, including any chdnge of exterior appearance, color or texture. WPN:1926V 05/01/91 4 1.22 "Pelican Point Declaration~ shall mean and refer to that certain Declaration of Covenants, Conditions and Restrictions for Pelican Point Community Association recorded concurrently herewith imposed by Declarant upon the Residential Property and any amendments-thereto. 1.23 "Residential Lot" shall mean and refer to all portions of the Covered Property which are shown as a lot on the final subdivision map for Tract No. 14063 which shall be developed with a Residential Occupancy Area. The Residential Lots are more particularly described as Lots 1 to 55, inclusive, of Tract No. 14063. 1.24 HResidential Lot Qwner* shall mean and refer to the owner of fee title to a Residential Lot. 1.25 "Residential Occupancy Area" shall mean that portion of a residential structure on a Residential Lot intended for occupancy as a re~idence. 1.26 "Residential Property· shall mean and refer to the Residential Lots and the Common Area. 1.27 "Tract No. 14063" shall mean and refer to the real property described on the final subdiVision tract map for Tract No. 14063 recorded in Book 670, Pages 23 through 29. inclusive, Miscellaneous Maps, Record~'of Orange County, California. ARTICLE II EASEMENTS 2.1 Amendment to Eliminate Easements. As long as Declarant is the owner of any portion of the Covered Property, this Declaration cannot be amended to modify or eliminate the easements reserved to Declarant. without the prior written approval of Declarant, and any attempt to do so shall have no effect. 2.2 Nature of Easements. Unless otherwise set forth herein, any easement reserved to Declarant in this Article shall be nonexclusive. 2.3 Easements Established and Reserved to Declara~~ for Golf Course Irrigation and Drainage, for the Drainage Monitqring Program and for Access Purposes. (a) Irrigation and Drainage. Easements over the Residential Property are hereby e$tablished and reserved by Declarant for the benefit of the Golf Course Property for: (i) the overspray of water from irrigation systems located on the Golf Course Property. which overspray may consist of or include reclaimed water; and (ii) use of the Drainage Improvements for drainage of Lot A of Tract No. 14063. (b) ~rainage Monitoring Program. Subject to the proviSions of Section 2.7 hereof with respect to giving notice prior to entry, an easement is hereby reserved by Declarant for the benefit of the Golf Course property over the COmmon Area Lots and each Residential Lot (excluding the Residential Occupancy Area thereon) for the purpose of . monitoring, testing, sampling and performing any activity related to those activities set forth in the Drainage Monitoring Program for determining the source of any Hazardous Materi31. (c) N;cess Over Common Area for Golf Course. There is hereby reserved to the Declarant, together with the WPN: 1926V 05/01191 5 right to grant and transfer all or a portion of same. easements in. on. over. across and through: (i) that portion of the Common Area Lots described on Exhibits E and E-l as the Golf Cart Path Easement (together with the right of use and passage through any gates) for ingress and egress by pedestrians, golf carts and other vehicular means for the maintenance and use and enjoyment of the Golf Course Property by the Golf Course Owner. its members. guests and invitees; (ii) that portion of the Common Area private streets (Lots Hand L of Tract No. 14063). more particularly described as Shoreview (which is depicted on Exhibit E as Me· Street), and the guardhouse lot (Lot 59 of Tract No. 14063) with the right of use and passage through the entry gate to the Residential Property. for ingress and egress by pedestrian and vehicular means by the Golf Course Owner for the maintenance, repair, restoration and replacement of the tubular steel perimeter fence located on the boundary between the golf cart path within Lot A of Tract No. 14063 and the streetscape portion of the Golf Course Property within Lot A of Tract No. 14063 (which streetscape is depicted on Exhibit D and is to be maintained by the Association pursuant to Section 2.4{a)(iii) of this Golf Course Easement Agreement); (iii) over that portion of the Cornmon Area private streets (Lots Hand L of Tract No. 14063) more particul,arly described as Shoreview and the guardhouse lot (Lot 59 of Tract No. 14063) by pedestrian and vehicular means and~~ver the ten (10) foot wide area within the side yard of Lot 55 of Tract No. 14063 adjacent to Lot A of Tract No. 14063 by pedestrian means for the maintenance, repair, restoration and replacement of the structural integrity and exterior surface (that surface facing the Golf Course Property) of the masonry wall located on the side yard property line separating Lot 55 of Tract No. 14063 and the Golf Course Property. The maintenance of the surface of this masonry wall facing Lot 55 shall be the responsibility of the Residential Lot Owner of Lot 55 of Tract No. 14063; and (iv) over that portion of the Common Area private streets (Lots Hand L of Tract No. 14063) more particularly described as Sho=eview and the guard house lot (Lot 59 of Tract No. 14063) by pedestrian and vehicular means and over the ten (10) to fifteen (15) foot wide area within the side yard setback of l~ot 1 of Tract No. 14063 by pedestrian means for the maintenance, repair, restoration and replacement of the structural integrity and exterior surface (facing the Golf Course Property) of the masonry wall located on the side yard proper~y line separating Lot 1 of Tract No. 14063 and the Golf Course Property. The maintenance of the surface of this masonry wall facing Lot 1 shall be the responsibility of the Residential Lot Owner of Lot 1 of Tract No. 14063. 2.4 Easements Established and Reseryed for the Association and Residential Xlot OWners. (a) Perimeter Fencing and Landscaping. Subject to the provisions of Section 2.7 hereof with respect to giving notice prior to entry. easements over portions of the Golf Course Property are hereby reserved to the Declarant for the benefit of the Association (as owner of the Common Area Lots) as follows: WPN: 1926V 05/01/91 (~) over a ten (lO) foot wide buffer easement located within the Golf Course Property immediately adjacent to the Residential Property for ingress and egress for the installation. use, maintenance, repair, restoration and replacement of the lower rise stucco wall and any tubular steel fencing installed thereon by a Residential Lot OWner or by the Declarant which, in part, surrounds the Residential Property and which is depicted on Exhibit C, together with the gate and lock therein at that pOint designed to permit limited ingress and egress to the Golf Course Access path, but 6 excluding the access key mechanism. The easement rights established and reserved hereby shall nQt include the right to install or replace any of the above-described improvements with an Improvement inconsistent in type, style or color with the Improvements initially installed by Declarant. by a Residential Lot Owner pursuant to the Design Guidelines. or which is otherwise inconsistent with the Custom Lot Declaration or the Design Guidelines; (ii) over that portion of Lots A and B of Tract No. 14063 by pedestrian means for the installation. use, maintenance, repair. restoration and replacement of a portion of the Community Entry consisting of the guard parking area, entry statement and walls depicted on Exhibit C and adjacent landscaping together with appurtenant irrigation systems (to the extent connected to the irrigation systems serving the Common Area), as shown and described on Exhibits E and E-l. The easement rights established and reserved hereby shall n2t include the right to install or replace any of the above-described improvements with an Improvement which is inconsistent in type, style or color with the Improvements initially installed by the Declarant or which ~ inconsistent with the Custom Lot Declaration or the Design Guidelines; (iii) over that portion of Lot A of Tract No. 14063 located between the golf cart path and the Common Area private street (Lot H of Tract No. 14063) as depicted on Exhibit D for the installation. maintenance, repair, restoration and replacement of landscaping and any appurtenant irrigation systems (to the extent connected to the irrigation systems serving the Common Area). The easement rights established and reserved he~eby shall ~ include the right to install or replace any of the above-described improvements with an Improvement which is inconsistent in type. style or color with Improvements initially installed by Declarant or which is inconsistent with the Custom Lot Declaration or the Design Guidelines. (b) Drainage Improvements. Easements over a portion of the Golf Course Property are hereby established and reserved by the Declarant for the benefit of the Association (as the owner of the Common Area Lots) and each Residential Lot Owner (as the owner of a Residential Lot) as follows: (i) over that portion of the Golf Course Property located five (5) feet on each side of a portion of the Drainage Improvements to be maintained by the Association together with a means of access designated by the Golf Course OWner. except in an emergency as defined in Section 2.7 below, in which event such means of access shall. to the maximum possible extent, be by use of the existing golf path system within the Golf Course Property and may include other areas of the Golf Course Property, if necessary, for access by the most direct and practical means for the maintenance, repair, restoration and replacement of said portion of the Drainage Improvements by the Association as depicted on Exhibits B and B-1; provided, however, that such maintenance, repair, restoration and replacement shall be subject to the provisions of Section 2.7 hereof with respect to giving notice prior to entry. (ii) for the use and enjoyment of the Drainage Improvements by the Association and by each Residential Lot Owner, which shall include the right to discharge from the Common Area Lots and ReSidential Lots into the Drainage Improvements sheet flow and concentrated drainage from the WPN:1926V 05/01/91 7 Residential Property in a manner and at a rate consistent with the site improvement plans for the Residential Property; provided, however, that neither the Association nor any Residential Lot Owner shall at any time intentionally or negligently cause or permit the discharge or disposal of any Hazardous Material. In the event that a Residential Lot OWner or the Association shall violate the above provisions with respect to the discharge or disposal of Hazardous Material into the Drainage Facilities, the Golf Course Owner shall have the right to pursue those legal and equitable remedies set forth hereinbelow. 2.5 Easement Over Golf Course Access Path For Beach Access. Subject to the limitations set forth in Section 2.6 below, the rules and regulations of the Association concerning the locking of the tubular steel perimeter fence gate by the Association for security purposes and the Golf Course Rules and Regulations, each Residential Lot OWner shall, concurrently with acquisition of fee title to a Residential Lot, receive an easement for ingress and egress by pedestrian means only in, on, over. across and through the.Golf Course Access Path for ingress and egress over the Golf Course Access Path and for the use of a chainlink gate and lock.@e9hanism located within the Golf Course Property for the purpose of access to the Bluff Top Trail and to Crystal Cove State Park as depicted on Exhibit C. 2.6 Conditions Applicable to the Use and Enioyment ot the Easement Over the Golf Course Access Path: Relocation and Termlnation of Golf Course Access Path; Use of Bluff Top Trail. (a) In view of the inherent risks associated with traversing a golf course facility during those times when golf activity is in progress; each Residential Lot Owner, by acceptance of a grant deed conveying a Residential Lot, shall be deemed to have agreed to protect; defend and hold the Golf Course owner, the Golf Course property and its operators and designers, the Declarant and its directors, officers, employees, agents and representatives harmless from any liability; loss, expense; claim, damage or cost in connection with the entry upon and use of the Golf Course Access Path by the Residential Lot OWner; and his or her family members, guests or invitees, and to indemnify the Golf Course OWner. the Golf Course Property, and its operators and designers, the Declarant and its directors, officers, employees, agents and representatives with respect to any and all such liability, loss, expense, damage or cost (including attorneys' fees) from-the entry upon and use of the Golf Course Access Path by the Residential Lot OWner, and his or her family members, guests or invitees. (b) The Golf Course Owner shall have control of the issuance of access keys to the Residential Lot Owners for use of the two (2) gates and lock mechanisms which: (i) separate the Golf Course property from the Seach Access Path (Lot J of Tract No. 14063) and, (ii) separate the Golf Course Property from the Bluff Top Trail. Prior to the issuance of any access keys, the Residential Lot OWner sha,ll provide to the Golf Course OWner evidence satisfactory to the Golf Course Owner; in its reasonable discretion, that the Residential Lot OWner is in fact the owner of a Residential Lot. (c) Each ReSidential Lot OWner snaIl be prohibited from loaning, transferring or otherwise assigning the access keys provided by the Golf Course OWner; except to a tenant of the Residential Lot Owner under a lease to the Residential WPN: 1926V 05/01/91 8 Lot of a term of not less than thirty (30) days, provided that (i) the Residential Lot OWner shall provide a copy of such lease to the Golf Course OWner, and (ii) the lease is made expressly subject to this Declaration and shall include release and indemnification provisions substantially identical to the terms and conditions of Section 2.6(a) of this Golf Course Easement Agreement. (d) The Golf Course OWner may, in its sole discretion, establish within the Golf Course Rules and Regulations reasonable restrictions upon the use by a Residential Lot Owner of the access easement described in Section 2.5 above, including hours of use and restrictions upon permitted activities, for the purpose of controlling activities within the Golf Course Property which constitute a nuisance, which create an unreasonable risk of harm to the users of the easement or the users of the Golf Course Property, or which otherwise interfere with the operations of the Golf Course Property. (e) In addition to any rules or regulations of the Association concerning the locking of the tubular steel perimeter fence gate at the entrance from the Residential Property onto the Golf Course Property. the Golf Course Owner shall have the riqht, but not the obligation, to establish hours during which the gates located on the Golf Course property adj~eent to the Bluff Top Trail and the Beach Access Path (Lot J of Tract No. 14063) may be locked. The locking of these gates by the Golf Course Owner or the failure to lock these gates shall not, however~ be deemed to be an assumption by the Golf Course Owner of any duty or responsibility to the Association, the Residential Lot Owner, his or he~ tenants, invitees or guests, or any representation by the Golf Course Owner to said parties about the security of the Golf Course Property or the Residential Property. (f) In connection with the operation, maintenance or redesigning of configurations of any golf course holes of the Golf Course Property, the Golf Course Owner shall have the right to either temporarily or permanently relocate the Golf Course Acce~s Path to any portion of the Golf Course Property between the southern boundary of Tract No. 14063 and the Bluff Top Trail, including, but not limited to, the undergrounding of the Golf Course Access Path. In the event that the Golf Course Access Path is permanently relocated, each Residential Lot Owner shall, upon written request of the Golf Course Owner, execute a quitclaim deed and any related documentation for the purpose of removing the then current location of the Golf Course Access Path as a cloud upon title to the Golf Course Property and the Golf Course Owner shall concurrently therewith provide to each Residential Lot Owner a replacement easement over the relocated Golf Course Access Path subject to the same or substantially similar terms and conditions as contained in this Golf Course Easement Agreement. In connection with the relocation of the Golf Course Access path, the Golf Course Owner may also relocate the gate in the fence which separates the Golf Course property from the Bluff Top Trail and which providns access by the Residential Lot Owners to the Bluff Top Trail and Crystal Cove State Park. Because. the Bluff Top Trail and Crystal Cove State Park are or will, in the future. be owned and operated by the State of California, the Declarant t the Golf Course Owner and the Association have no responsibility or control whatsoever over the Bluff TOp Trail. Each Residential Lot Owner, by use of the Bluff TOp Trail, shall be required to comply with all rules and regulations imposed by the State of California, including, but not limited to, obtaining a use permit or paying a fee. The Bluff TOp Trail will erode over time. In WPN:1926V 05/01/91 9 the event that the State of California determines that it is temporarily unsafe to use the Bluff Top Trail and closes it to public use, a Residential Lot OWner may be temporarily prohibited by the Golf Course OWner from using the Golf Course Access Path until the Bluff Top Trail is reopened to public use. In the event that the State of California determines that the Bluff Top Trail is unsafe and permanently closes it to public use. the Golf Course Access Easement shall automatically terminate without action on the part of the Golf Course Owner or any Residential Lot Owner, provided. however, that upon written request of the Golf Course Owner. each Residential Lot Owner shall execute and deliver a quitclaim deed or similar documentation in a form satisfactory to and to be provided by the Golf Course Owner. for the purpose of removing the easement for the Golf Course Access Path as a cloud on title to the Golf Course Property. 2.7 Notice of Intent to Enter upon Residential Property by Golf CQurse OWner or Association Upon Golf Course Property. Except in circumstances which constitute an ·emergency~ (as defined hereinbelow). in the event that: (a) the Association desires to enter upon Golf Course Property for the purpose of performing its maintenance responsibilities under this Declaration as described in Section 2.4 above, or (b) the Golf Course Owner desires to enter upon th~CDmmon Area Lots or that portion of each Residential Lot (excluding the Residential Occupancy Area) for the purpose of exercising its rights under Section 2.3(b) above with respect to the Drainage Monitoring Program. the party requesting a right of entry shall provide at least forty-eight (48) hours prior written notice to the party over whose property the right of entry is being requested. and the parties shall establish a mutually agreed upon time for such entry, so as to minimize any inconvenience to either the operation of the Golf Course Property by the Golf Course Owner or inconvenience to the Association or Residential Lot owner. With respect to entry by the Association upon the Golf Course Property for the purpose of maintenance of a portlon of the Drainage Improvements as described in Section 2.4(b)(i) of this Golf Course Easement Agreement, the Golf Course Owner shall identify in writing to the Association a designated means of access to such Drainage Improvements. In the absence of the design~tion of such means of access by the Golf Course OWner or in the event of an -emergency· as defined below, the Association shall. to the maximum extent possible; utilize the existing golf cart path system within the Golf Course Property and may, in addition, if necessary, utilize such other areas of the Golf Course Property for access purposes by the most direct and practical means. For the purposes of this Section 2.7, an ·emergency· shall mean either an imminent threat of loss, damage or other injury to the Golf Course Property, the Residential Property or any Residential Lot, or when an ·emergency· has been declared by a governmental agency. In the event of an emergency, entry by either the Association (upon the Golf Course Property) or the Golf Course Owner (upon the Common Area Lots or a Residential Lot, excluding the Residential Occupancy Area thereon) may be made immediately, without giving the above-described notice. ARTICLE III INDEMNIFICATION 3.1 Use of Drainaoe Improyements. By acceptance of the deed conveying the Common Area Lots from the Declarant, the ASSOCiation shall be rleemed to have agreed to defend, indemnify, protect and hold harmless the Golf Course Property and the Golf Course Owner from any and all claims, demands, losses. WPN:1926V 05/01/91 10 liabilities, costs and fees (including attorneys' fees) caused by or arising from the discharge or disposal of any Hazardous Material into the Drainage Improvements by the Association, except to the extent such claim l demand, loss, liability, cost or fee is caused by or arises from the gross negligence or willful misconduct of the Golf Course Owner. By acceptance of the deed conveying a Residential Lot. the Residential Lot OWner shall be deemed to have agreed to defend. indemnify, protect and hold harmless the Golf Course Property and the Golf Course Owner from any and all claims, demands, losses, liabilities, costs and fees (including attorneys' fees) caused by or arising from the discharge or disposal of any Hazardous Material into the Drainage Improvements by the Residential Lot Owner. except to the extent such claim, demand, loss, liability, cost or fee is caused by or arises from the gross negligence or willful misconduct of the Golf Course Owner. 3.2 Maintenance of prainage Improyements. By acceptance of the deed conveying the Common Area Lots from the Declarant, which deed shall include the granting of the easement for maintenance, repair! restoration and replacement of the Drainage Improvements, the Association shall be deemed to have agreed to defend, indemnify, protect and hold harmless the Golf Course Property and the Golf tourse Owner from any and all claims, demands, losses, lia~11ities, costs and fees (including attorneys' fees) caused px"or arising from the entry by the Association upon the Golt Course Property and the performance of the above-described maintenance, repair. restoration or replacement work, except to the extent such claim, demand, loss, liability, cost or fee is caused by or arises from the gross negligence or willful misconduct of the Golf Course owner. ARTICLE IV ENFORCEMENT 4.1 Association Failure to Maintain Drainage Improvements. In the event that the Association shall fail to properly maintain the portion of the Drainage Improvements required to be maintained by the Ass0ciation and if, as a consequence, such failure shall, in the sole opinion of the Golf Course Owner, threaten the operation, appearance or condition of the Golf Course Property or pose a hazard to the patrons of the Golf Course Property. then the Golf Course OWner may cause such maintenance of the Drainage Improvements to be accomplished as hereinafter set forth. (a) Notice of Deficiency. Upon a finding by the Golf Course OWner of a deficiency in the maintenance, repair or restoration oC the portion of Drainage Improvements required to be maintained by the Association, except in the event of an ·emergency· as defined in Section 2.7 above, the Golf Course OWner shall give written notice (the -Notice of Deficiency·) to the Association which shall briefly specify the condition or conditions which the Golf Course Owner finds to be deficient. The Association shall respond in writing within five (5) days from the date of the Notice of Deficiency is delivered by the Golf Course Owner specifying either the manner and timing by which the alleged deficient condition shall be remedied or contesting the Golf Course Owner's determination of a deficiency in the condition of the Association maintained portion of the Drainage Improvements. WPN: 1926V 05/01/91 ·11 (b) Remedies. Subject to the right of the Association described in subparagraph (d) below, if. after the passage of five (5) days after the Golf Course Owner delivers a Notice of Deficiency, a deficiency in the Association maintained portion of the Drainage Improvements continues to exist and the Association has not responded to the Notice of Deficiency or fails to diligently pursue to completion the correction of the deficiency in maintenance, then the Golf Course Owner may, at its option, either (i) accomplish the maintenance, repair or restoration of such portion of the Drainage Improvements so as to remedy the deficiency; (ii) contract with another party to accomplish such maintenance, repair or restoration of such portion of the Drainage Improvements; or (iii) seek any other remedy available at law or in equity including, without limitation, specific performance or an injunction (affirmative or negative) to enforce the Association's maintenance. repair or restoration obligations as specified herein. Any of the foregoing remedies may be employed at the option of the Golf Course Owner, and the failure to employ such remedies upon any occurrence giving rise to such remedies shall not be a waiver of the right to later employ such remedies in connection with this or any other occurrence. (c) Payment of Costs. Subject to the right of the Association described in subparagraph (d) below, in the event that the Golf Course Owner elects to accomplish the above-described maintenance, repair or restoration of the Association maintained portion of the Drainage Improvements, either by use of its own employees and equipment or by contract with a third party, the entire cost of accomplishing such maintenance. repair or restoration shall be reimbursed by the Association to the Golf Course Owner within thirty (30) days of the written request thereof. if such request is accompanied by invoices or such other evidence of payment reasonably sufficient to document the expenditure of funds by the Golf Course Owner. In the event that the Association shall fail to timely reimburse the Golf Course OWner, the Golf Course Owner may elect to bring an action to collect the reimbursable amount or any other action at law or in equity. (d) Resolution of Deficiency. In the event that the Association shall respond in a timely manner to the Notice of Deficiency, but shall dispute the conclusion of the Golf Course Owner regarding the deficiency in the condition of the Association maintained portion of the Drainage Improvements, the Association and the Golf Course Owner shall meet and confer within three (3) days of the date of the Asso~iation's delivery of a written response. This meeting shall concern the identification of a mutually acceptable remedy to the alleged deficiency in such portion of the Drainage Improvements. In the absence of mutual agreement between the Association and the Golf Course Owner, either party may elect to resolve the disagreement in accordance with the provisions for arbitration set forth in Section 6.15 below. (e) Energency. In the event that a deficiency in the maintenance of the Association maintaned portion of the Drainage Improvements by the Association shall constitute 'an ·emergency· as defined in Section 2.7 above, the Golf Course OWner may~ in its sole discretion, perform such maintenance work without providing notice to the Association as provided in paragraph (a) above and shall i subject to the right of the Association to dispute the existence of such deficiency pursuant to the provisions for arbitration set forth in Section 6.15 below, be reimbursed by the Association for the costs of such work within thirty (30) days of the delivery WPN:1926V 05/01/91 12 of a written request therefore by the Golf Course Owner, if such request is accompanied by invoices or such other evidence of payment reasonably sufficient to document the expenditure of funds by the Golf Course Owner. 4.2 Default and Remedies. In addition to the remedies of the Golf Course OWner set forth in Section 4.1 with respect to maintenance of the Association maintained portions of the Drainage Improvements, in the event of (i) a failure by the Association to perform its maintenance responsibilities on Golf Course Property as described in greater detail hereinabove. (ii) a Violation of the restrictions regarding discharge or disposal of Hazardous Material into the Drainage Improvements by either the Association or a Residential Lot Owner, or (iii) a violation by a Residential Lot Owner of the terms and conditions applicable to his or her use of the easement for access to the public beach described in Section 2.5 above, then: (a) the Association (with respect to performance of the Association's maintenance responsibilities described herein), (b) the Association and/or the Residential Lot Owner. depending upon the source of the Hazardous Material (with respect to the discharge or disposal of Hazardous Material), or (c) the Residential Lot OWner (with respect to the violation of the terms and conditions of the easement for access to the beach), shall be in violation of the terms and conditions of this Declaration. In the event of such a violation, the Golf Course OWner may. in its sole discretion, pursue and enforce any remedy to which the Golf Course Owner may be entitled by law or equity, including a suit for damages for any compensable breach of the Declaration. for inju~ctive relief, or for declaratory relief to determine the enforceability of the Declaration. ARTICLE V SPECIAL COVENANTS ENFORCEABLE BY GOLF COURSE OWNER For the purpose of enhancing and protecting the desirability and attractiveness of the Golf Course Property. Declarant has deemed it necessary to establish the following covenants, conditions and restrictions for the benefit of the Golf Course Property: 5.1 Benefited and Burdened Property, The special covenants described in this Article are for the benefit of and shall be enforceable only by the Golf COurse OWner and shall be for the benefit of the Golf Course Property and be binding upon the Residential Lot Owners and the Association as the owners of the Residential Lots and the Common Area Lots respectively. 5.2 Preservation of Architectural and Landscaping Character, In order that the architectural character of the Residential Property not be modified in a manner inconsistent with the character established by Declarant in the Version of the Custom Lot Declaration initially imposed by the Declarant upon the Residential Property recorded concurrently herewith and in any amendments thereto which have been approved in writing by the Declarant, and without the approval of the Golf Course OWner, the Association (with respect to the Common Area Lots and the Community Entry) and the Residential Lot OWners (with respect to the Residential Lots) hereby covenant and agree that at all times during which Declarant has not appointed a majority of the Architectural Control Committee. no Improvement shall be constructed. installeu, or maintained on the Residential Property unless and until: (a) the plans and specifications therefor have been reviewed and otherwise approved by the Architectural Control Committee. and WPN:1926V 05/01/91 13 (b) the Association has submitted to the Golf Course OWner a copy of such plans and specifications together with a certification of the Association executed by either the president. the vice president or the secretary of the Association that such plans and specifications are in compliance with the initial version of the Custom Lot Declaration imposed by the Declarant upon the Residential Property which has been recorded concurrently herewith and any amendments thereto approved in writing by the Declarant. (c) For the purposes of this Section, ·plans and specifications· shall mean and refer to both preliminary design plans ADd final design plans and related documentation which incorporate any revisions to the preliminary design plans in response to comments from the Architectural Control Committee, the Golf Course Owner and the County. 5.3 Review of Plans. Specifications and Finished Improyement. Any plans and specifications submitted to the Golf Course Owner pursuant to Section 5.2(b) above shall be subject to the following procedures and requirements: (a) the plans and specifications shall be prepared in accordance with the requirements set forth in the Design Guidelines; (b) not +ftt~r than a date which is fifteen (15) days from the date such plans and specifications. together with the certification of the Association, are received by the Golf Course Owner, the Golf Course Owner may notify the Association in writing if the Golf Course Owner disapproves the plans and specifications because they are not in compliance with the initial version of the Custom Lot Declaration recorded concurrently herewith and any amendments thereto approved in writing by the Declarant. Any such disapproval shall specify with particularity the reasons for disapproval; and (c) the failure by the Golf Course OWner to disapprove in writing the plans and specifications submitted within fifteen (IS) days of receipt thereof shall constitute a waiver of the right of the Golf Course Owner to object to the construction or installation of the proposed Improvement covered by the plans and specifications. upon the completion of an Improvement constructed or installed pursuant to such approved plans and specifications, the ASSociation shall notify the Golf Course Owner in writing and the Golf Course Owner shall have fifteen (15) days from the receipt of such notice to inspect the finished Improvement to determine whether or not the finished Improvement is in compliance with the previously approved plans and specifications. The failure of the Golf Course Owner to perform the above-described inspection and to provide written notice to the Association of disapproval of the finished Improvement within fifteen (15) days from the receipt of the above described notice shall constitute a waiver by the Golf Course Owner of its right to inspect the finished Improvement. 5.4 Operation of Guard House Facility. The Association shall, at all times, maintain and operate the guard house facility located on Common Area in a manner consistent with similar guard house facilities for the various residential communities located within the project more commonly known as Newport Coast, which is being developed by the Declarant. including. but not limited to, adopting Similar hours of operation, similar guard uniforms, similar procedures for guard demeanor and the maintenance of similar communications systems in order to facilitate communications between the various guard ,house facilities as such operations I practices and facilities are initially established by the Declarant and as same may be revised WPN:1926V 05/01/91 from time to time by the Newport Coast Community Association, a California nonprofit mutual benefit corporation, and provided to the Association. 5.5 Landscaping Height Limit. No landscape Improvements installed within the Residential Property shall be permitted to grow to a height in excess of the applicable Height Limit therefor as such Height Limits are described and calculated in the initial Custom Lot Declaration recorded by the Declarant and in any amendments thereto approved in writing by the Declarant. 5.6 Enforcement. The Golf Course Owner shall have the right but not the obligation, in its sole discretion, to enforce the covenants set forth in this Article and may, in its sole discretion. pursue and enforce any remedy which the Golf Course Owner may be entitled to by law or equity, including a suit for damages for any compensable breach of the Declaration. for injunctive relief. or for declaratory relief to determine the enforceability of the Declaration. ARTICLE VI GENERAL PROVISIONS 6.1 No Waiver': -'Failure to enforce any prov~s~on, term or condition of this Declaration in any instance or on any particular occasion shall not be deemed a waiver of such right on that or any such future breach of the same or any other provision, term or condition of this Declaration. 6.2 Cumulative Remedies. All rights, options and remedies of the Golf Course Owner. the Declarant, the Association or Residential Lot Owner under this Declaration are cumulative, and none of them shall be exclusive of any other, and the Golf Course Owner. the Association or Residential Lot Owner shall have the right to pursue anyone or all of such rights, options and remedies or any other remedy or relief which may be provided by law or in equity, whether or not stated in this Declaration. 6,3 SeverabJLlity. Invalidation of anyone or a portion of the provisions, terms or conditions of this Declaration by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 6.4 Easements. Covenants to Run with the Landi Term. The easements reserved and granted herein shall run with the property described herein as being burdened and benefited therewith. without limitation as to duration. The covenants, conditions and restrictions of this Declaration that are not in the nature of easements shall run with and bind those portions of the Covered Property and shall inure to the benefit of and be enforceable by the Golf Course Owner. the Association and the Residential Lot Owners when particular covenants, conditions and restrictions of this Declaration are specified to be for the benefit of such parties or any of them, their respective legal representatives, heirs, successors and assigns, for a term of sixty (60) years from the date this Declaration is recorded, after which time the covenants. conditions and restrictions of this Declaration shall automatically be extended for successive~ periods of ten (10) years. unless an instrument, signed by the Golf Course Owner, the ASSOCiation and seventy-five percent (75%) or more of the Residential Lot OWners, is recorded at least one (1) year prior to the end of any such period. agreeing to change said provisions, terms or covenants of this Declaration in whole or in part or to terminate this Declaration in its entirety. 6.5 Construction. The proviSions of this Declaration shall be liberally construed to effectuate its purpose of WPN:1926V 05/01/91 15 creating a plan for the use, occupancy and enjoyment of the Covered Property. Th~ Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. 6.6 Number and Gender. Whenever the context of this Declaration requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. 6.7 Nuisance. The result of every act or omission, whereby any provision, term or condition of this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private. shall be applicable against every such result, and may be exercised or enforced by the Golf Course OWner. the Association or the Residential Lot Owners. Such remedies shall be deemed cumulative and not exclusive. 6.8 Attorneys' Fees. In the event any action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the 9ther party thereto, reasonable attorneys' fees and costs of such suit as part of the judgment. 6.9 Notices. Except as otherwise provided in this Declaration. any notice to be given pursuant to this Declaration shall be in writing and shall be deemed to have been properly delivered when placed in the first class United States mail, postage prepaid, to the address set forth below. Any notice so deposited in the mail within the County shall be deemed delivered forty-eight (48) hours after such deposit. All other notices shall be deemed delivered seventy-two (72) hours after such deposit. WPN:1926V 05/01/91 Association: Pelican Point Community Association c/o The Irvine Company 550 Newport Center Drive P.O. Box I Newport Beach, California 92658-8904 Attn: President Residential Lot Owner: To the address furnished to the Golf Course OWner and the Association from time to time. If no such address has been furnished, to the street address of the Residential Lot owned by such Residential Lot Owner Golf Course owner: The Irvine Company 550 Newport Center Drive P.O. Box I Newport Beach, California 92658-8904 Attn: Vice-President, Irvine Hotel Company Declarant: The Irvine Company 550 Newport Center Drive P.O. Box I Newport Beach, California 92658-8904 Attn: Vice-President, Coastal Community Builders 16 Any party may change its address for the purpose of receiving notices by giving notice as herein provided. The affidavit of an officer or authorized agent of the Golf Course OWner; the Association~ or any Residential Lot Owner declaring under penalty of perjury that a notice has been mailed to the respective parties. to the address or addresses described above, shall be deemed conclusive proof of such mailing, whether or not such notices are actually received. 6.10 Effect of Declaration. This Declaration is made for the purposes set forth in the Statement of Recitals to this Declaration. and Declarant makes no warranties or representations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration. or as to the compliance of any of these provisions with public laws. ordinances and regulations applicable thereto. 6.11 Personal Covenant. To the extent the acceptance of a conveyance of an interest in a Residential Lot by a Residential Lot Owner or in the Common Area Lots by the Association creates a personal covenant between the Residential Lot Owner and Declarant or the Association and the Declarant, such personal covenant shall terminate and be of no further force or effect from and after the date when a person or entity ceases to be a Residential Lot Owner ~r the Association ceases to be the owner of a Common Area Lot. except to the extent this Declaration may provide otherwise wi t:p_ .,respect to the payment of money to the Declarant or the Golf Course OWner. 6.12 Nonliability of Officials. To the fullest extent permitted by law, neither the Declarant, the Golf Course OWner. the Association, their shareholders, officers. directors, employees, agents, attorneys, consultants, independent contractors, or any members or employees of such entities shall be liable to any Residential Lot owner for any damage. loss or prejudice suffered or claimed on account of any decision, consent or withholding of consent, course of action. act, omission, error, negligence or the like made in good faith within which such committee or persons reasonably believed to be within the scope of their duties. 6.13 Construction By Declarant. Nothing in this Declaration shall limit the right of Declarant to alter any portion of the Covered Property still owned by Declarant, or to construct such additional improvements as Declarant deems advisable. Such right shall include. but shall not be limited to, erecting, constructing and maintaining on the Covered Property such structures and displays as may be reasonably necessary for the conduct of the business of completing development of the Ccvered Property and disposing of the Residential Lots by sale, lease or otherwise, or operating, maintaining, or improving the Golf Course Property as a golf course or otherwise. This Declaration shall not limit the right of Declarant; at any time prior to acquisition of title by a purchase from Declarant, to establish on the Covered Property additional licenses. reservations and rights-of-way to itself, to utility companies. and to others as may from time to time be reasonably necessary to the proper development of the Covered Property. Declarant reserves the right to alter its construction plans and designs as it deems appropriate. 6.14 Arnendmp~. This Declaration may be amended as follOWS: (a) Prior to the transfer by Declarant of any portion of the Covered Property. to the Association or a Residential Lot Owner, by the execution and recordation of such amendment in the Official Records of the County by Declarant. WPN:1926V 05/01/91 -17 (b) Any amendments other than as set forth in Subsection (a) hereof shall require the approval by a seventy-five percent (75\) vote of the Residential Lot Owners, the written assent of the Association, and the written assent of the Golf Course Owner. Any such amendment or modification that requires the vote of the Residential Lot Owners shall be effective when executed by the Declarant, the Golf Course Owner, and the president and secretary of the Association who shall certify that the amendment or modification has been approved as herein provided, and when recorded in the Official Records of the County. The notarized signatures of the Residential Lot Owners shall not be required to effectuate an amendment of this Declaration. (c) Notwithstanding the foregoing, Declarant and/or the Golf Course Owner may, without the approval of the Residential Lot Owners, or any of them, or the Association, relinquish either temporarily or completely any easements or rights reserved hereunder to Declarant and/or Golf Course OWner, except such rights as may inure to Declarant solely because of Declarant's ownership of a Residential Lot. 6.15 Mortgagee Protection Clause. No breach of the provisions, terms or conditions of this Declaration shall defeat or render invalid the lien of any deed of trust made in good faith and for value. but all of" SOid provisions, terms or conditions of this Declaration shall be binding upon and effective against any such lienholder in possession of a portion of the Covered Property and any Residential Lot Owner whose title is derived through foreclosure or trustet3' s sale, or otherwise, with respect to a portion of the Covered Property; provided, however, that no such lien holder in possession or Residential Lot Owner whose title is derived through foreclosure or trustee's sale under said lien shall be liable for any obligation arising prior to the date of said foreclosure, trustee's sale or possession. 6.16 Arbitration. Any controversy, dispute, or claim whatsoever arising out of, in connection with, or in relation to the interpretation, performance or breach of any of the provisions of the Declaration, including without limitation the validity, scope and enforceability of this arbitration provision, shall be settled, with the consent of all parties to the arbitration, by arbitration conducted in the County in accordance with the then existing rules for commercial arbitration of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered by any State or Federal Court having jurisdiction thereof. Such matters shall be submitted to one (1) arbitrator who shall be a retired judge of the Superior Court of the State of California. The provisions of Section 1283.05 of the California Code of Civil Procedure shall be applicable in such arbitration. If a decision has been made to arbitrate and the parties cannot agree upon an arbitrator, one shall be appointed by the Presiding Judge of the Orange County Superior Court from among the court's list of retired judges of the Superior Court. IN WITNESS WHEREOF, Declarant has executed this instrument on the day and year first herein above written. WPN:1926V 05/01/91 THE IRVINE COMPANY, a Michigan corporation B~~~~ Its: . ~ \ . I f\ By: J .. !.ts: 18 STATE OF ~(f7rWfk­ COUNTY OF ~~G-55. On ;!&t<r '" I , 1991, before me, the undersigned. a &:ary Fee.J-n y.,d foresaid State. personally appeared th{Ui of....' I U<::'... ~ .o.-Ut!t=ltNL'H personally known to me or proved to me on the basis of satisfactory evidence to be the perSOn(S~hO eG:ruted the within instrument as vtCe Pees· .r ~ . .s:-. on behalf of the corporation that executed the within instrument and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of director [Seal] WPN:1926V 05/01/91 WITNESS my hand and officia,l 19 in and for EXHIBIT A ~IPTIQN OF COyERED PROPERTY Lots 1 to 56, inclusive, Lot 58, Lot 59 and Lots A, B t C, DJ G, H, I, J and L of Tract No. 14063 per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California. .... _____ .: ~ol·~' ~, ': <-j':-";, '}" " II:~" '~'i,/1 : ','" "',:r' ;' ""l':::~.~-.. ;,.,.,'~: ... ;. 1.;;;;2, •..• ; " 1 , ---__ ...... ". 'I I ~ .. ' .. -~-~--' ~II:: .. '~/ t ,...r , '" . , ~., '<' -"..... 'S' I~ j. I! \ ',-"" ~. I"~ 1::."L,.;... ..... "". I / (:-< '""~ , / '.!.I:' , (If';';:': 'ie, /~ ~ I, ,. .' ,~ t,~(' 1".·.·.1 "), . ;; ,:\ r~-' ~" ! "'-c- 1\ , I f .f 'GOlf CO\lR~~ ! I ' :)' Ii" : 'I .,. t Ii: ~ , '.-I i~?j, •. _' t.~-_"! : f "J ~ >:.. ,f" [ \ I . ,;: '. I /, :,'" , , ; I .r I: 1_ -,. F 1 I ' :' '. I ' I" >"--I .".' / tI, , /"/ ,", I . ;" .1 , i ~ /1.' " I ~ \ ';." I" I.P " ? ,.1 1 : " '4,.. :; WI ,',I, ' I t I < I' ! " 1\. I· I,. , I J r I .'. ,\ . e :' If : ;/ I, . , .1 I' "f " .' , ~ \~ i j . -' .,;., 1 ' ..... , I . HWv '~ <~:>-,::, '~;, _~ ,.-c;.~" ~j~~, ~~ '.' ""~ i v ') "it;, ,:"'/: /::' . ",.J ~,-;" :,..~.";lf ' .' "--".:/",,. ,. i I;" I,' t~"1F 'I ' ,"!' '!.'.: .... ' ."'.'> """., "",,~,, \11 .,. ' ,~'<r ,',! , ' . -! ~ 11 ' ,': ~.'~ ,*,'" ' ,'I, ,/ 1 J '" ,," ' i ~"';,,,,:,, 1';1 , , '"I "'''~ r'J.....' .' 'l'-' " ~'~ ;' I, ' . . GOLf CouRSE ..f '--. 1;" , I I, ' _. I, \\ .. ;,1 ..... ' ' . . .} , PELICAN POINT o THE IRVINE COMPANY .'. -' .. ~' \ ~ ',,',' LEGEND [.!] MAIN SWUM DRAIN a LATERAl UNE L~.J CATCH BASIN ~)C'\.i.'\.....-J I(Wv1\ f"~fI<! ASSOCIATION MAINTAINti DRAINAGE IMPROVEMEN1SPI At ')., , ,'., PELICAN I' [oPel COuR~; (' ,,( , '/ ,",,' " , ""I' '. J, ,t \ i 'I ", / , ~, , 'l I , 'I:, :l ",. -,",;;, ,/.,,'- '-;< ~ ,~~>.,/'~5£,,,~,,,:,~j;:~::;:<-j ,.:::,,"'-. -,,"'.:'; y ..... ~-./ ~"'''-" "'--"\'.;" /',r POINT ttl THE IRVINE COMPANY 1\" ./,;,' ,I' \-' , , ;, " " ! I ' '( ,~ /~.- '., !: r;. , ii~~ ,,- GOlF COURSE " , \ ".--......-~/' / -,~ I / , I itt LEGEND ASSOClATlQN MAfNTA!Nlt? IMPROVEMENTS 8 MAIN STORM DRAIN a LATERAL LINE [6.§] CATCH BASIN ,,-~J!\lillll IMPROVEMENTS 1---1 STORM DRAIN ED DETENTION BASIN (I.]1:"i...r."\-. It~l\ (X11Ifj!! a, ASSOCIATION MAINTAINW DRAINAGE IMPROVEMENTS PLAN ',1 s' '" '"' '" "' "" n I I i II iii ~\ \, \ :::;-r---·r----// CRyStAL COVE StAU PARk GOlf couau GOLF COUI$( - _._____ ______ __ -------U \ rAUfO <;Hom!> noiJ:):-lOt 'l'u r---w·""v----"\ \---- TRACT NO, :U$7 \ D"l~ It .... " PELICAN POINT LEGEND Lii] MASONRY PIlASTERS [3 SOUl) MASONRY WAil E=J lOW MASONRY WAIl E:;I BlUff-TOP TRAa C:='1 ENJRV MONUMENTAlfON c::=JWAll B "HAlNING WAllS = 10' GOlf COURS£ ACCESS =PAlH ~C~O~S&C~O """"' HIGHlANOS GOlf COURSE ACCESSPAlH F=-j 1U8UWI mEL fENCE t!O"'l( ASSOCIATION MAINTAINED FENCING & WAll PLAN ~ < 0 v ~ ~ CRYSTAL COVE STArE PARK -"-;C:~ ~--. --~. , '" ' .. , //.-,,", '\, ...- / . ---- r'--70.--........... ,. ~ \ ....• ,. ...... ., " .~ .... ~ ..... @@@ ( > (j) '. ............. @ '~(;;) .............................. @ '~. '" ~... = ,& @ \""' CD@®0CD®<1I. _ .• :"~. ::: .. ;;--• \\ \". "" . .::::::--..... \ " '19' '--='-.r" '~ 'A' smHi ...• _.--.-.;..... ~ @\=. '---=..::-.;::~........ VJI \ ',: ~" ' If:··· .. ········· ",@, = ~\ '{' ~ ® . ~ Q\ \l, ®@@"',." ).' @~ '(1"$ 1 '1", I 'smm '" ® , • ," @@\, @ @@@ ,0 @ , @ @ @ -...................... ~.~ •••• ~~ ~ I' ® ."" ..... ~................... ~ .. ~.--. ~', '+ GOLF COURSE WI 'J\' @ <9 @ @ GOLF COURSE .-~~. -------cAMro'~ sf-j'i5Rt'S-OOAO ---- TRACT NO. 3357 PELICAN POINT ~ lHE IRVINE COMPANY Cl-Jl"1..i:i..-.J hltM\ LEGEND II J 6' MASONRY PILASlEr<S [~15' SOliD MASONRY WA!! 1~'~;~:118' MASONRY WALl Bl.UfHOP mAll ENTRY MONUMEN1Al!ON WAll r~ETA!N!NG WAltS c. ..... ,."'... 10' GOLF COURSE ACCESS C:::,::J PAm c'en CAMEO SHORES & CAMEO r~_~,~ HIGHlANDS GOlf CO\Jr~sF ACCESSPAlH ASSOCIATION MAINTAINlI) FENCING & WAIL PI AI, ~ u tOf "t" CD '. , (2) CRYSTAL COVE Sf ATE PARK GOLF COURSE @ @ ® tOl .• ' 00 -® @ w ® @ ill ® ® @ . !!~" -) ~\''',~A; @ @ @ @ @ .... ' ~', ® : _c .•. "'''. ,m,~'~""""""" ", \ @ , v' @ ® @ ® \ '''''. 7 LEGEND [.:::J SiREElS mii'iJ SLOPE PLANTING III STRfE1SCAPf [!!!l BEACH ACCESS ~ ~ ~ @ @ @@@@0D@@~ .~\ " @ ® =" 'o"~ \ "---"~. -'''~'''----"~",, -'-'~"-~CAMf5-S~i(mf$""-"'ROAD "-.-"----. ___ !'1!.X .. _.L._-"'.'.:' ._\ PELICAN POINT ~ lliE IRVINE COMF¥\NY TRACT NO, 3357 (io,.]t"'I..I:"1..-J I"" ,,'It'" ASSOCIATION MAINTAINWSTREETS AND StOPES PLAN A;, CRYSTAL COVE STAlE PARk ---_////~----.. ---\ GOLF COURSE (j) I @'@ ® '\ (j) • @' @ j ','<,,< @/@/@ (j)1® @)/@ L ('" \ @ /;C. ">"'.' f I ' j ~\ ! / "~,, t~"+ f ! J. ~L" / \ \\' @ ~[@1@[;'O~~J7~-'~o\~' -A;STR"; : ,:/,f.J; / I@/® A\\~\ @ '; @/ :fi:@@/@@@/®'@/L ,0 \. ..' ® '" (/ / f I /. L/ ~i @\ •. \® Dsrr(fff())1 \ -J.i;; j i O~,k (, \ ~ '~ '\~ j ~ "f'STREET ~ ~~ -,,~ r.1\ \ ",. = ff F _ .. --~.-, f ~ '10' ~ -"'" ,/ ,\ ~"'\ -..... M \ \ '0>;)" \ @\@\@'.'\@@i'<ii>I@.@I@@@ @ ",'Q~.,® '(\"\ ... '.\ " \ \ \. \ -~~\ @ \ \ \' () ) tr f \ """ / \ \ \ ----_ .. _- GOLF COURSE _~"" ..... Tn 10, '0'.1 1 PELICAN POINT " lliE IRVINE COMPANY TRACT NO. 3357 ~)n..r.:-\-.J It""'" G B B LEGEND ENTRY STREET ENTRY LANDSCAPING 10' GOLf CART PATH EASf.MI.Ni 10' GOLF COURSE MA!NlfNAN{ ACCESS EASEMENT ",mWf ASSOCIATION MAINTAINlD ENTRY MONUMENTAliON Pl.AN '.I ,,<I, , PELICAN POINT t.~ lliE IRVINE COMPANY llillIiliJ ,..:.~ .. I ~ El LEGEND ENTRY STREET ENTRY LANDSCAPING 10' GOlF CARl PATH EASEMENI 10' GOLF COURSE MAINIENANCf ACCESS EASEMENT ElO-tOIl E I AssoCIATION MAINTAINED ENTRY MONUMENTATION ENLARGEMENT PLAN RECORDING REQUESTED BY: AND WHEN RECORDED RE'TUAN TO: COUIaI CommunIIy s.-.. 550 NewpoIt ear.. Drive ThIrd F_ NewpoIt Beach. CA 92660 AM: _ Counsel, Land oe..alcprnent COmpanies DeClARATION OF EASEMENT FOR GOLF BALLS PeicIKlPolnt tZJJ!f DECLARATION OF EASEMENT FOR GQI.F BAUS ('OecI8I1Iloo I') 10 made , '99L by THE IRVINE COMPANY, • MichIgan corporIIloo1 (tho 'Company'). RECITALS as 0/ A. The C<>mpany is the fee owner 01 _ 1881 property IocaIad In Otange COunty, California COfiN1lOlIly known as Tract 141063 and Tract 1.131 and more partiCuiarIy described _ foGows: All 01 Tract'4063 as showri on. Map _In _ 870, Pagaa 23 through 29, indUsIVe. 01 M ___ M-. records 01 Otange COunty, ca!IfcmIa ('Tract '4063'). All 01 Tract "'3' .. shown on a Map _ In _ 862. Pagaa 42 through 46, indUsIVe. 01 M ___ M-. records 01 Otange COunty, ca!IfcmIa ('Tract "'3',. e. L<lIS 56, 56, A and B 0/ Tract '4063 and .. 01 Tract "'3' will be doN '''ped ... 36 t.M golf course wIIh • cIubI1oI.a and maintenance _ and ... _ 10 !Wain togeII1or .. the 'Gel Course.' The Gal Course 10 shown on the map _ """"" .. ExhibIt A. C. s.-....y .. 01 the _ 01 Tract '4063 (I.", ""'*'dIng the Gal Couraa L<lIS 56, 58, A and B) will be dIN,I,,4'I wIIh. _ pIOjecIkmwn .. OPeiclKl Po!nI.' A few 01 the lois In Tract '4063 will not be inCfudod In the _ PoInt pIOjecI or the Gal Couraa but will be acquIt8d by _ __ In por1IcuI8r, Lot 57 In Tract '4063 will be owned by the __ 01 ca!IfcmIa .. part 01 Is paI1c Ploportioo. All 01 the L<lIS In T,..,. '4083 ""'*'dIng Lot 57 and the Gal Couraa L<lIS 56, 56, " _ B .. _ 10 !Wain, ~, .. the __ LoIa.' The __ L<lIS .. shown on the map _ """"" .. ExhibIt B. O. The C<>mpany _ ". priOr 10 the ~ or acquisition 01 any rigI1I. tile or _ In any Lot (Iog8II1or wIIh the -.. __ i any) In _ PoInt Of any pill! '" rl1lOt 14083 _ In the __ Lola. the po/OI1IlIII buyer or ___ have natlc8 01 the ~ 01 ...... gc/I_ CNfK IIIJCh Lot and. In acquiring such Lot. such buyer or _ owner _ 10 _ -.. _ iidOoiiily "" Injui100 from ...... gc/I -. as prcMded hoi8in. NOW, THEREFORE, the C<>mpany Iiorwby _ the-.g: EASEMENT 1. A_oR" q Go! Sal Emmert, The C<>mpany Iiorwby _ "" the _ 01 the Gal Couraa. ~ ••• i .... (tho _., __ -. and In the ...... ""-_ .. 01 the __ Lola. "" the _ 01 the IIigt't 01 gc/I _ ttvough the IIir _ the __ L<lIS _ the onIiy 01 gc/I _ upon _or __ the __ L<lIS _ any Impi"" ........ CORIIJUCt8d. or 10 be CORIIJUCt8d. upon the __ Lola. The __ be ~ 10 the Gal Couraa _the Gal Couraa _ be the_ t---. and tiIICh _ .-y I8gaI parco! or "" In the __ L<lIS _ be the ____ (a) Ljmited pymnp The __ be .-only "" the purpooea .. fOI1h In p.".gll.ph , _. NOIhing!Wain _ be """"""'" 10 (I) pII1IlI onIiy upon the __ L<lIS by any ir-.aI "" any -. including but not _ 10, the ...-01 gc/I -. or (i) limit the CCf1IUUCIIOn 01 impn:",emra on the SeMett lOtS. {b) limited Use, The Easement mall be specdically limaed to use by the owner(s) and operator(s) of the Golf Course and their licensees, invitees, employees and agents. The nght$ reset\fed and created hereunder are for the benefit Of the Parties (as that term is defined below) and each of them. 4. Term. The term of the Easement Shall be from the date of recordation of this Oedaration in the Official Records of Orange County, California, to and until such time as no portion of the Gotf Course has been operated as a golf course for a period of-at least twelve (12) consecutive calendar months. whiCh 12-month period may not indude any time the Golf COurse is under constructiOn Of Closed for refurbishment, redesign or other similar reasons. s. Waiver and Indemnification. The Company, the owner(s), Opefator(s) and designer(s) of the Golf Course, and all of thair respective dNtsions,. SUbSidiaries and affiliated companies, and aU of their respective offlC8t'S, directors, shareholders, agentS. representatives, employees and professionat consuttants, and all Of their respective successors and assigns (coHectiveIy, the 1'attieS"). and each of them, shaH not be IiabKt for any COSt. expense (including actual aIIOmOyS' _). loss, damage, injufy (including _) or daim 0/ any kind or Charaeter. including, but nor limited to, causes ct action for negligence, nuisance, trespass, assauIl or battery, to any person Of propeny ariSing from or reW:ed to any use of the Easement. All persons hOk:iing any right. title or interest in any pottIon ct the seMent Lots (an "Ownef1 ShaiI hoJd such interest subject to the terms and conditions ct this Deciaration, and each such Owner hereby waNes 8I'rf and an daims and demands against the Parties arising from or re!aled to 8I'rf such cost. expense, loss, damage. intutY or claim. Furthermore. each such Owner shall indemnify. defend and hokJ harmless the Panies, and each 0/ them. from and against any and aU claims, demands. actions, suitS, losses. liabilitieS, damageS. costs and expenses (including actual attorneys' fees) arising frOm or related in any way whatsoever to 8I'rf use ct the Easement over, above, across or in such Owner's seMent L.cc. whether made or b1curred by such Owner, any member at SUCh Owner's family, any invitee of SUCh Owner or any other person. Payment shall not be a condition precedent to recovery under the foregoing indemnification, and the obligation of each Owner to defend the Parties as set forth above shall be the obligation to defend with __ ed by the ;,demi1llled Party. The oIlligations 01 such Owners hereunder shall run with the SeMen! lOts for the benefit 0/ the Golf COurse and shall be binding on aU successive owners of any portion at the Servtent Lots. Notwithstanding anything to the contraty herein. (a) nothing contained in this paragraph shaH operate to relieve atrt Party for any loSS, damage, injUJY or claim which is determined by a court 0/ competent jurisdiction to have been solely and proximately caused by the intentional misoonduct or gross negligence 01 such Party and (b) the waiver and -"Ion provisions 0/ Ihis paragraph shall not ext_ to the indMduai responsible for placing the golf ball in flight I such flight is the sole and proximate cause of the personal injury or property damage. When more than one person is the Owner of any SeMen! lOt, such persons shall be jOintly and ..........uy fiabIe hereunder as the Owner of said Servient Lot. The term "Owner" snau not inctude at'rf person holding an interest in a Servient Lot merety as security for the performance at an obligation. 6. l!YI!m. W'hOI.( IImitlng the generalily 0/ the loregoing paragrapI1s of this Declaration. each Owner understands and _ thai tho _(s). operator(s) and deSigner(s) 0/ the Golf Course cannot necessarily Install fences, trees and other buffers. or reconfigure or retnOdfH the Golf Course. to hinder errant god baUS from entering such 0wn0I'1 specific Lot as SUCh _ and remodeling may diminish the enjoyment of the LoIs of other Owners or other propetty. Noching herein contained shall be deemed to establish or grant a view easement or any other similar B.lment or rigtW. in favor of any Owner or any owner of other property near the GoW Couroe. and tho _IS) and operatO«O) 0/ the Golf COurse may inStall lences. tr... and other improvements on the Gel Course and retnOdet the Golf Course as and when they so deSire. 7. Mjsca!Ian!!ous. (8) 5· _ and AU" The proyisIonII at this DeclaratIon shall bind all paItIes now having or hereafter oIltaIning any _ int_ in the SeMen! lola, and their successors and assigns. and shall inure to the benefit 0/ .. 0/ the Parties and .. paItIes now having or _or obIaining any _ interest in the Gal Course. and their $I acc:essors and assigns. (b) No Rjgt!s in Public. Nothing herein ___ shall be deemed to be • gJ!t or dediCation 0/ any portion 0/ the SeMen! lOts to or for the g.....al public Of lor any public purpose _. ,t being the intention 0/ the ...-signed thai the Easement shall be strictly limited to and lor the purposes herein expressed. (C) Attorneys' Feu. In the event of any controversy, claH'n, action, diSpute or proceeding, InCluding any arbttration proceeding. relating to this Declaration, or the breaCh hereOf, then the unsuccesstul party in such actM or proceeding shaD reimburse the successful party herein for aft costs and expenses {Including court costs and actuai attorneys' fees) incurred therein by such successfuj patty. (d) Governing law, This Oectaration Shall be governed by and construed in accordance with the laws of the State of Califomia. If any term, provision or condition contained in this Declaration (or the apptication of any such term, prcMsion or condition) Shall to any extent be invalid or unenforceable, the remainder of this Declaration shall be valid and enforceabie to the fullest extent permitted by law. IN WITNESS WHEREOF, the COmpany has executed this Declaration the day and year first above written. Exhibit A: Map of Goff Course Exhibit B: Map of SeMent lois OC05\1oIP50\lIIh\ t I c\"'tOIO .• gt 3 THE IRVINE COMPANY, a Michigan corporation ~ STATE OF CAUFORNIA) ) ss. COUr'l'TY OF ORANGE ) Declaration of Easement for Golf Balls Pelican Point, Tract 14063 and Tract 14131 Newport Coast On this ~ day of May , in the year 1991, the undersigned, a Notary Public in and for said State, personally appeared Michael C. Ellis - - - - - --- - - _ - _ _ _ _ and James R. Cavanaugh-- - - - - - - - - - - - - -, personally known to me (Of proved to me on the basis of satisfactory evidence) to be the persons whO executed the within Instrument as the Vice President and Assistant Secretary, respectively, on behaff of The Irvine Company, the corporation therein named, and acknowledged to me that such corporation executed it WITNESS my hand and official seat OFFICIAL SEAL DIANE YOUNG NOTARY PUBlIC -CALIFORNIA -"""" .., -. .... IE ~. 1992 ~ / / ~~~~- '\ \ ILl > it Q EXHIBIT A Golf Course All of Tract 14131 Lots 56,58, A and B of Tract 14063 ~io -a !~ .J, UJ~ til 10" Or:"l. :;),s 0111 \Jill 11.1- .J9 0 I!) COAST t: 0 ..J /I) ~ ..J 0 q; 't i: - ~ W I- 0 V -q; f/) ~ W cr Exhibit A Page 1 of 2 foIlGHWAY <JI t "4) 't '0 -:2 .J <t '4: • S S uJ<I\ I/\,f) tX\-g9 u LOTI'S" /'" ,~ .' p ~. /\ \ /' ." > ("") ." ("") ("") 0 > til ... :: '" :::: c > -< ~ Q ,.. ,. § ,. l'\ 2 ~r :'0 :8-., ,. ~c.N "' r o -i ~r §O ...., ,. ~..,::. '" r o -i '" EXHIBIT A ;;; ~ " 0 ~ " -., ,. g ~ '" 'I' ~ ,,-g% %:;: ..... " ~~ Ai ; r ,.~ > '" 0 oi'i -i -,. ~!t ' . \l " ~~ .... ~ ~o '" .~ ",--;8 i'T'l;;j ..,::. ~~ -~ ,,~ ~ ;!OS) -;..~ ~11 = ,. DRIVe: AFTER RECORDING MAIL TO: Gibson. Dunn and Crutcher 800 Newport Center Drive, Suite 600 Newport Beach, California 92660 Attention: Brian R. Kirchoff, Esq. 1M rs to certify that thIS IS , tTut aftCi If n cmrettcceyottllt QnuOOmwt 10 'x¢ff!.,S. """'" Sw pljmo.. &0, 199 I " In$l1,"'" N, cr, -;')ja,4a9 Official R~l)fds. FIRST ~ERICM TITlE INSUIIAMC£ COMPANY BY M,W} tJO.. roah-- (Space Above This Li~e for Recorder's Use Only) AMENDMENT NO. 1 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PELICAN POINT THIS AMENDMENT NO. 1 TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONSs,FOR PELICAN POINT ("Amendment") is made this I ~ 41 day of ("fL ...... !.. r I 19:11. by THE IRVINE COMPANY, a Michigan corporation (the ·Oeclarant·), with reference to the following facts: A. Declarant is the fee owner of certain real property located in the unineorporated territory of Orange County, California, described as: Lots C. D. G, H, I and L, Lots 1 to 55, inclusive,"and Lot 59 of Tract No. 14063, per map filed in Book 670, Pages 23 through 29, inclusive, of Miscellaneous Maps, Records of Orange County, California (the ~Covered Property"). a. Declarant has caused the Covered Property to be subjected to the covenants. conditions and restrictions set forth in the Declaration of Covenants. Conditions and Restrictions for Pelican Point, recorded May 24, 1991; as Instrument No. 91-257520, Official Records of Orange County, California (the ~Declaration·). C. Pursuant to its terms. the Declaration may be amended by the Declarant so long as Declarant is the sole owner of fee title to the Covered Property. D. Declarant is the sole owner of fee title to the Covered property. NOW, THEREFORE, Ded~arant hereby amends the Declaration as follows: 1. Section 1.14, paragraph (m) is amended to read as follows: M(m) maintenance. "repair, restoration and replacement of the structural integrity and exterior surface of the masonry stucco wall with pilasters facing Common Area and Golf Course Property, which wall is located on or adjacent to the rear yard property lines of the Lots and which. in part, surrounds the Covered Property. any tubular steel fencing installed thereon by Owner at the top of the low-rise section of the masonry stucco wall located along the rear yard property line of his or her Lot pursuant to the specifications set forth in the Design Guidelines. and the gate at the point designated to permit limited ingress and egress to the Golf Course Access Path (including the lock therein but excluding the access key mechanism), all of which are shown on Exhibit C attached hereto and incorporated herein pursuant to the terms and conditions of the Custom Lot Declaration. this Declaration and the Golf Course Easement Agreernent;W WPN:5599V 09/16/91 2. Section 7.01, paragraph (c) is amended to read as follows: -(c) maintain, repair, replace and restore the structural integrity and exterior surface (facing Common Area) of the masonry stucco wall with pilasters which is located on or adjacent to the rear yard property line of the Lots and which, in part. surrounds the Covered Property, any tubular steel fencing installed thereon by the Owner on the top of the low-rise section of the masonry stucco wall located along the rear yard property line of his or her Lot pursuant to the specifications set forth in the Design Guidelines, and the gate at the point designated to permit limited ingress and egress to the Golf Course Access Path (including the lock therein but excluding the access key mechanism), all of which are shown on Exhibit C attached hereto and incorporated herein pursuant to the terms and conditions of the Custom Lot Declaration. this Declaration and the Golf Course Easement Agreement. This maintenance may include either removal by the Association of any tempered glass windscreen: (i) installed by the Owner of the Lot over the tubular steel fencing or (ii) separately installed by the OWner of the Lot on the top of the low-rise section of the masonry wall. or the requirement that each Own,er remove and replace such windscreen. In connection with such maintenance, no gate shall be installed witnin the walls or fencing located within the rear yard area of any Lot and the masonry walls and pilasters or any other fencing shall not be removed or altered from the type, style. height or color as initially installed by the Declarant, except for Improvements subsequently installed by the Owner which are (i) approved by the Architectural Control Committee. (ii) comply with any requirements and applicable specifications set forth in the Custom Lot Declaration and Design Guidelines. and (iii) comply with the requirements of the Golf Course Easement Agreement;" 3. as follows: Section 7.01. paragraph (a) (i) is amended to read "(i) private streets, walkways, the Beach Access path. and other pedestrian paths. Maintenance of private streets shall include the regular vacuum sweeping thereof so as to maintain such streets in a clean condition. No such maintenance. repail, replacement or restoration work shall involve the installation of any obstructions within the private streets (Lots Hand L of Tract No. 14063) or the modification of any speed bumps or the alteration of any parking plan as initially established by the Declarant for the Covered Property without the prior written approval of the Fire Chief of the CountYi" 4. as follows: Section 7.01, paragraph (a) (v) is amended to read -(v) streetlights. which shall be maintained in an operational condition so as to provide adequate lighting to a standard established by the Local Government for streetlights maintained by the Local Government or other public entities;R 5. Section 7.02. paragraph (c) is amended to read as follows: d(C) Each Owner shall maintain all Improvements upon his or her Lot w-hich are not maintained by the Association in good condition and repair in accordance with the Design Guidelines, any Association Rules and, if required by such Design Guidelines or the Association WPN:5599V 09/16/91 2 Rules, only after approval of the Architectural Control Committee. Maintenance by the Owner shall include any matters identified in the inspection reports prepared by the Association for the Common Area and other areas maintained by the Association, a copy of which has been provided to the OWner, as described in greater detail in the Bylaws, to the extent that such report may identify a condition which is located within the Owner's Lot which is the responsibility of the Owner. All slopes and terraces on any Lot shall be maintained as to prevent any erosion thereof upon adjacent streets or adjoining property. The Owner shall not overwater landscaping within his or her Lot. The rear yard drainage devices installed by the Declarant within the rear yard area of a Lot shall be periodically flushed by the Owner with clean water on not less than a quarterly basis. No OWner shall remove; install any gate within or otherwise modify the masonry stucco walls and pilasters along the rear yard area property line of his or her Lot which have been initially installed by the Declarant, except that an Owner may mOdify his wall and/or pilaster in connection with the installation of the following Improvements on the top of low-rise section of the masonry wall: (i) a tubular steel fencing section, (ii) a separate tempered glass windscreen, or (iii) a combined tempered glass windscreen with the tubular steel fencing section whieh may be installed by the OWner pursuant to the terms of the Custom Lot Declaration and the specifications set forth in the Design Guidelines upon the approval of the Architectural Control Committee. No Owner shall modify or install any gate in any Owner-installed tubular steel fence or tempered glass windscreen. The Owner shall maintain in a clean and attractive condition any tempered glass windscreen and appurtenant hardware installed by the OWner including the cleaning of the glass and replacement thereof in the event that the glass becomes scratched or cracks." 6. Section 8.07 of the Declaration is amended to read as follows: ~Section 8.07 -Appeal. After the Turnover Date, in the event plans and specifications submitted to the Architectural Control Committee are disapproved thereby after an affirmative act of disapproval by the Architectural Control Committee (but not due to the expiration of the forty-five (45) day per~od described in Section 8.04(c)}, the party or parties ma~ing such submission may appeal in writing to the Board, un1ess the action of disapproval includes the disapproval by the Declarant's Representative for plans and specifications for the initial custom home to be constructed upon the Lot. The written appeal must be received by the Board not more than fifteen (15) days following the receipt by the.Owner of the final decision of the Architectural Control Committee l or it will not be considered. The Board shall submit such appeal to the Architectural Control Committee for review, whose written recommendations are to be submitted to the Board. Within forty-five (45) days following receipt of the appeal, the Board shall render its written decision. The failure of the Board to render a decision within said forty-five (45) day period shall be deemed a decision in favor of the appealing party." 7. Section 16.18 is amended to read as follows: "Section 16.1B -Dispute Resolution. Any controversy, dispute, or claim whatsoever arising out of. in connection with. or in relation to the interpretation, performance or breach of any of the provisions of the Association Management Documents, including, without WPN:5599V 09/16/91 3 limitation. the validity. scope and enforceability of this general reference provision. shall be settled. at the request of any party thereto~ by a general reference conducted in the County by a judge pro tem appointed pursuant to the provisions of California Code of Civil Procedure Section 638(1) ~ ~ .• as they may be amended from time to time. who shall be a retired judge of the Superior Court of the State of California. The referee shall follow all of the statutes and rules applicable in a proceeding before the Superior Court of the State of California for the County of Orange. including, without limitation. the statutes and rules pertaining to discovery. If the parties cannot agree upon a referee. one shall be appointed by the Presiding Judge of the Orange County Superior Court from among the court's list of retired judges of the Superior Court." 8. Exhibit C attached to the Declaration is deleted in its entirety and is replaced with Exhibit C which is attached hereto and is incorporated herein by this reference. 9. Except as modified by this Amendment~ the Declaration shall remain in full force and effect. IN WITNESS WHEREOF, Qeclarant has executed this Amendment the day and year first above written. THE IRVINE COMPANY, a Michigan corporation By:~/J/~L Its: YH4 t',.) J.n\ By: STATE OF '. COUNTY OF 0,(.1"'-1 (,t:: SS. On Sei/''''b.p".. I? ,1991-, before me, the undersigned, aotary Public in and for said State, personally appeared &/£IMr'L C, .c~$ .... :\/" LA,41f';S f{ C",VA-,vAui.J.f • personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as 111(6 PlCSIO€&T M') ,f$$t $e"ef.r,on behalf of the corporation that executed the within instrument and acknowledged to me that said corporation executed the within instrument pursuant to its Bylaws or a resolution of its board of directors. WITNESS my hand and official seal. [Seal] &. OFfICIAL SEAl WS 8ETT1NI Notary Publlc-CoP.rCImfQ OIlANGE COUMy My~onE_ .. ,-_,8.1993 WPN:5599V 09/16/91 4 )}/~ Notary Public in and for said State en "" '" '" -l n I I I l/i ~\ \ \ , CRYSTAL COVE StAll PAU /' ---_// GOLF COURSE ... ~ ~\ '~ \ '~ '1 -_. " l " .-----.. ..,-----CAMEO Sitom:s ROAD ------"" "'u-liOfT·--A TRACT NO. 3357 !-- \ iJt"'L.J:"'l-.. 1l1lM\ PELICAN POINT •• LEGEND [0] MASONRY PllASIERS a SQUO MASONfIV WAll Ei lOW MASONQ'( WAll E3 Btu'HOP lRAR =. ENTRY MONUMfNIAIION c=:1I WAll RETAINING WAlLS = U7 GOlF COURSE ACCESS c:::::JpAlH ~c~o~sac~o t:::'-' HIGHlANDS GOlf COURSE ACCESSPAlH E3 l\J8UlAll SIEEl fENCE f~"""~ ASSOCIATION MAINTAINED FENCING & WAll PLAN