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HomeMy WebLinkAboutTT 5554 PORTOLA AVENUE IRONWOOD COUNTRY CLUB 1974 'mil•^'f :+.•t.•i��.Yi.�=.t.0 +".'C..,. - Tu.._ i.}, ' - � - .... a i^s.1' _�l'.�i E� s.e.{.�•»`�.•< t.<. »Y�-...e.i i:!> Y;;�',i':{J t;•,<. .. ' VA.CTan Silver Si2' A s L,fi ci:a i:`.',S . c-_ - D i�%8 v - s o ♦y , e ef5ca c2.3iZ: Cf-f •�''U_°( la `Te- C,. Mi.;3.'i-!08"a 28 7. GeneS`r^.n lan D�,,gign�.'3,'ion: C+f)G^F: Ci®4?3?1^i"VI.itieB - 1, fj ,'uy?.ti'4�iy4i1:3t{ix _�-eQ -1CF4 b�3 r=1 eL 32>c'3 y'3er cS°:•f3,�• �. T'� a$ lc;`ita..�'•'�! e '° �'�i�a� ` per acze). V• '�la��`EJL3?V .ti sGs``lf."}. Use-. . 10. L,=d d✓iv;7_on aPV';`l s^,,"�esS.s'.Ga•�tif`f>�c i,l��:f U 4 t �> p_'eC:: ('w3u3o > ^ Fi:a �. •,r'.'ic fi. ' .` P.?3s r3cse�:� ' i.• . ` . i Ti`{,hC'� f.•S?�"tbz`f?� ^- �a�,�;^i' .L ;:i>vz , �c .?.`=3 '•._ '�C':.�" dP'j.:':.�.,�-'fJ SS:a! i�.`.','.•e . The :ti.'.•✓yi�•`.'J.•�c �t� 03�.-�•\ `'' + ' Gt�E_3j."C;�.,.`u TiF3i:t:.»s ''a1`•L-% ,:::0�.�e`_-`-,t�.3 edl-4 ti.'V,- Sit Giad Ssr1.ti• is!-"ei3 110 E,nb8",..irti 's a r> ef,kia ar ' b:'.sv M...�.G- C 4:�j.• ,•.:> �'s �v[i' " s �is;��ec�tiyC,i'i '6n,; ::�:S ;•r"�A3.S:Si f��� i,°i���4�5 aF 3� �r�. RECORDING REQUESTED BY r AND WHEN RECORDED MAIL TO - - NAME - - AooREss CITY-_& STATE L J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO - Docntnentary transfer tax S--------------------------------------------- NAME ❑ Computed on full value of property conveyed; or . ADDRESS ❑ Computed on full value less liens & encumbrances remaining thereon at time of sale. CITY STATE L. I - ............................... Signature of declarant or agent determining tax - firm name ❑ Unincorporated area[]City.of-------------- ---.......-....... Joint Tenancy Dram Deed L-9 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SILVER SPUR ASSOCIATES, a general partnership hereby GRANT(S) to JOHN DOE and JANE DOE, husband and wife , AS JOINT TENANTS, the real property in the City of Palm Desert County of Riverside State of California, described as: As Exhibit A attached and made a part hereof SUBJECT TO: 1. Taxes for the fiscal year 1974-75 , including special district taxes , if any, 2. Covenants , . conditions , restrictions , reservations , easements and rights of way of record. 30 Covenants , conditions and restrictions as set forth in Master Declaration of Restrictions recorded January 10 , 1974 , as . Instrument No. 3849 , Riverside County Records -, all of which a.re .incorporated hereby by reference to said Plaster Declaration with the same effect as though fully set forth herein, 4. Covenants , conditions and ,restrictions as set forth in the Declaration of Restrictions recorded as Instrument No. < Riverside County Records , all of which . are incorporated herein by reference with the same effect as though fully set forth herein. 5. A deed of trust to record. SILVER SPUR ASSOCIATES Dated_ _ By II V IMAN�, EMENT CORPORATION Managing General Partner By Vice President STATE: OF CALIFORNIA By COUNTY OF--- — ,j SS. Assistant Secretary me, the under- signed, a Notary Public in and for said County and State,personally appeared-- —----- -------- ---- - FOR NOTARY SEAL OR STAMP known to me to he the person ---whose name subscribed to the within instrument and acknowledged that executed the same. -- Signature of Notary Title Order No.---- Escrow No.— — L-9 (G.S.) (Rev. 5-67)(8 pt.) MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A .a. Parcel 1 : Lot l of Tract 5554, as shown by map on file in Book pages , and of Maps , Riverside County Records . Together with the following easements, each of which is appurtenant to Lot 1: (a) Easements for support and settlement where said Lot 1 adjoins Lot 2. (b) Easements for eaves or overhangs as such exists as of f 1974, where Lot 1 adjoins any portion of any _lot of Tract 555LI ; (c) An exclusive easement for encroachment and maintenance of screen walls , wing walls and other architectural features primarily located upon Lott into or upon any Lot in Tract 5554. PLSERVING unto the Grantor Easements for support and settlement where Lot 1 meets Lot 21, also an Easement for encroachment for improvements primarily located upon Lots . 2 or 15 of Tract 5554. Parcel. . 2 : A non-exclusive easement over Lots 75, 76, 77, 78 79 of Tract 5554, as shown by map on file in Book pages , , and of Paps , Riverside County Records, .for ingress and egress and for the uses and purposes set forth with particularity in the Declaration of Covenants Conditions and Restrictions recorded on 1974 , as Instrument No. , Riverside County Records . Parcel 3 A non-exclusive easement over Lots A. B, C, D and .E of Tract 5554, as shown by map on file in Book pages , , and _ of Flaps , Riverside County Records , for ingress and egress of pedestrian and vehicular traffic. Parcel 4 : .A. non-exclusive easement over Lot B of Tract 4685, as shown by map on file in Book 78 pages 33 , 34 and 35 of- Plaps , Riverside County Records , for ingress and egress of pedestrian and vehicular traffic. EXCEPTING from Lot B the following described portions : (a) Commencing at the Northwest corner of said Lot; thence South 0° Olt 50" hest, 47 feet to the true point of beginning; h hence continuing South 0° 01' 50" West 83 feet ; thence South 89' 58' 10" East 50 Feet; thence North 00 Olt 50" East 83 feet; thence North 890 58t 10" West 50 feet to the true point of beginning. (b) Commencing at the Northeast corner of said Lot ; thence South 0° 01' 50" West, 55 feet to the true point of beginning; thence continuing South 01 01' 50" West 75 feet ; thence North 89' 581 10" West 50 feet; thence North 01 J. 50" East 75 feet; thence South 890 58' 10" East 50 feet to the trite point of beginning. Parcel . 5 ; Anon-exclusive easement over Lots A, C and G of Tract 5053 , as shown by map on file in Book 79 pages 22, 23 and. 24 of Maps , Riverside County Records , for ingress and egress of pedestrian and vehicular traffic. Y ii I{ ; �P - li I S5 g W1 . I� r j! OFFICE OF THE MI SSE CRETARY Or STATE 1, I, EDMUN,D G. BROWN JR., Secretary of State of the State of California, hereby I�{: certify: J I That the anneXed transcript has been com}�ared with the xt�coRD on file in this offfi-ice, of which it purports to be a copy, and that same is full, true and correct. {� i{ I li IN WITNESS WHEREOF, I execute this certificate and affix the Great . Seal of the State of California this I{ MAR 2 6 1974 ! 1JJJ1h 1,141 Secretary of State I� li I ;1 FORM CE-7 (R!:v. t•70 01 A asp - 1a i i cc � t tc St^rc: ry of Sta}r ARUCZEs OF INCORPORATION POAR 2 G 1974 OF IRONWOOD OVINI ERS ZissoCIATION, III L :: ONE: The name of this corporation is Ironwood Oviners Association III. Tlv,0: The .purposes for which this corporation is formed are: (a) The specific and primary purpose is to provide. for the ownership, management, maintenance and preser,�•ation of the property over which this corporation has jurisdiction, every part thereof, and the improvements thereon -tor the benefit of the obaners thereof, for their pleasures recreation and other purposes, ana. in furtherance of the foregoing pur- poses to do any and all things which may be authorized, re- quired or permitter, to be done by this corporation under and by virtue of any Declaration of Covenants, Conditions and Restrictions affecting the property which is subject i0 the jurisdiction of this corporation, and to do and perform all acts which may be necessary or proper for or incidental. to the exercise of any of the express powers of this corporation, for the .peace, health, comfort, safety or general welfare of the owners and occupants of the property subject. to the jurisdiction of this .corporation, (b) The general purpose is to have and exercise all the rights and po:viers conferred on nonprofit corporations under the General Nonprofit Corporation Lath of California, as such law is nosy in effect or may be at any -time hereafter emended,. TIIRi'Bo The property over ahi.ch this corporate on has jurisdi_ctiOn is all of that property, including improv�ementsa more particularly described as Lots 1 through.. 80 inclusive . of Tracu No. 5554, Riverside County, California. FOUR: This corporatdon is organized for a nonprofit purpose pursuant to the General Nonprofit Corporation Law of the State o f California and ro pecttr',iar_y gain or profit shall inure to the members thereon, FIVE: he County in this State where the principal office :for the transaction of business of the corporation is located is 'Riverside County. SIX: The nuin'oer of Directors of this corporation shall be five, �?lz ich shall constitute the authorized number until changed by an,andment to these Articles or by the By- Laws adopted by the members of this corporations The names and addresses of the persons first appointed to act as Directors are : Jerold L. Plile�; 606 South Hill Street Los Angeles, California 90014 Donald 17. Meaders 606 South Hill Street Los Angeles , California 9OO14 2 Robert D. Lynch 606 South Fill Street Los Angeles, California 9001.4. Michael M. Sachs 606 South Hill Street Los Angeles, California 90014 -Margaret Jean Gottlieb . 606 South Hill Street Los Angeles, California 90014 SEVEN: All ovrners of Residential Lois in Tract No. 5554, Riverside County, Cal ifo:gnia, shah be members of this corporation. Proof of status as an owner for purposes of : establishing membership shall be furnished in accordance with the provisir.;ns of tha BY-Laws of this corporation. No person other than an oemer of a Residential Lot in Tract No. 5554, Riverside County9 California, shall be a me .i of this corporation.o E!GHT: On the dis,:oluLi on and winding up of this corporation, its assets remaining after payment of, or provision for payment of, all. debts and liabilities of this corporation, shall be distributed to a nonprofit organization having the same purpose as this corporation, or, in -he absence of such a nonprofit organization, to the County of Riverside to be- held in trust for use in connecttion with the development and improvement of the public areas in and around the area of Tract No. 5554. NINE: Amendment of these Articles shall .require the assent of the menibers representing at least 75% of the voting 3 interest then entitled to vote as provided in the Declaration of Covenants. Conditions and Restrictions affecting Lots 1 through 81. of Tract No. 5554, Riverside County, California, and in the By-Laws of this corporation, Ito WITNESS 1,;HEREOFr the undersigned, being the. persons hereinabove named as the first Directors, have executed these Articles of Incorporation on March 26 , 1974. jerca _C: "he" Miles Una 1 j W. 3�easier s Robert D. Lync-�r V i IYiz ct1ae). M. Sachs f 14a-gYet Jean Go.ttlieb 4 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) -On this ter. r, �• day of "Ilarch, 1974, before me, a Notary .Public in and for..the State of California, residing therein, duly commissioned and sv7orr., personally appeared Jerold L. M-LLes, Donald W. Meaders, Robert D. Lynch, Michael M. Sachs and Margaret dean Gottlieb, known to nie to be the .persons whose names are subscribed to the foregoing Articles of. Incorporation8 and acknowledged to me that they executed the same. WITNESS my hand and official seal. Notary Publi c ' in and for s aid Staten (seal) C•:i {.t11RY1^1I111141RI'iM!IN'I1il1l"MHIMItH Hill IIII:111IIM11HIHIIIMIIIM MII SEAL IHHIµI1LI - - - ,}}1 OFFICIALE _ AUa�EY E N�AKAIMOTO c NOTARY PUBLIC CALIFORNIA - ' -� PRINCIPAL OFFICE IN LOS ANGELES COUNTY V tly Commission Expires Dec. 21, 1977 s L.�'a.X+:liLi+Wlli!IJ:IlliiGII1:I+IWHTYW11+iN11llltWlliltl!uil;J :1111Ji1H:jlIL'U1'2VWy_ - - { BY-LAWS - or, IRONWOOD 01RI ERS ASSOCIATION III ARTICLE- I. DEFINITIONS 1.01. Articles. "Articles" shall mean the Articles of Incorporation .of the Association. 1.02 Association. "Association" shall mean Ironwood Owners Association III, anon-profit California corporation. 1.03 Declaration. "Declaration" shall mean the Declaration of Covenants, Conditions and Restrictions affect i ing the property which is subject. to the jurisdiction Of the Association; namely, Lots 1 through 81, inclusive, of Tract ; No. 5554, as shovm by reap on file in.14ap Book , Pages through inclusive, Riverside County Records o The De Taration eras Irecorded on , 1974 as Instrument No. in the Official Records of Riverside County°, California. 1.04 other terms. All other terms used herein shall have the meanings given them in the Declaration unless expressly otherwise provided therein. ARTICLE.' II . P3.ENL=3ERSHIP 2.01 Meri_bership_. Qualifications for meru�ership in the Association and the incidents thereof are set forth in Article II of the Declaration z,>>hich is incorpor,ited herein by reference thereto. 2.02 Voting Rights. Voting rights of the members of the association and of Declarant are also set forth in Article .II of the Declaration which is incorporated herein by reference thereto. 2.03 Dues and Assessments. Members of the Associ- ation and Declarant are subject to the payment of assessments in the manner set forth in Article VI of the Declaration ` which is incorporated herein by reference thereto. 2.04 Suspension of Privileges. The Board of .Directors of the Association may suspend the voting privi-- leges of any member and the privilege of any member to use the Common Areas and Community Facilities described in the Declaration if any such member should violate any of the provisions of the Declaration or these By-Laws. Before any such suspension shall occur, the Board shall give written notice to any such member accused of violating the Declara- tion or these By-Laws that such accusation has been made and shall hold a hearing, at which time such member shall be given an opportunity to respond to such accusation. Such notice shall be given at least 15 days in advance of the time set for such hearing before the Board to determine whether or not such accused member has violated any of the `. provisions of the Declaration or these By-Laws. Such notice shall specify the time and place of such hearing, and shall specify the nature of the charges brought against such accused Member. If such accused member is found by the Board to have violated any. of the provisions of the Declaration or these By-Laws, . he or she shall have 10 days within which to cure such violation before the Board shall suspend voting privileges and the privilege to use the Common Areas and Community Facilities. The maximum term of suspension of such rights shall be 30 days for each violation, except .for the non-payment of assessments for which non-payment such suspension may continue until the payment of such assessments. Nothing contained herein shall be deemed to parmit the Board to Limit the right of any member to use the public or private streets within trhe Ironwood Country Club. This section shall not in any way limit any of the provisions of the Declaration anal/or these nv-Laws relating to any assessment which may be levied against any member of the Association pursuant to Article VI of the Declaration. 2 ARTICLE III. BOARD OF DIRECTORS: SELECTION, TE211I OF OFFICE 3.01 Numibar of Directors. Subject to any limi- tations contained in the Articles, the Declaration. -these . By-Laws or of the California general corporation law as to actions to be authorized or approved by the members of the Association, all corporate poi.,sers shall be exercised by or under -the authority of and .the business and affairs of the Association shall be conducted and managed by a Board of fire directors who need not be members of the Association; 3.02 Nomination of Directors, Nominations for the initial directors of the Association shall be made from the floor at . -,'-,he organizational meeting of the Associa- tion. Thereafter, nomination for election to the Board shall be. made by a Nominating Committee. Nominations nay also be made from the floor at any meeting at which any director is to be elected. . The Nominating Committee shall consist of ' a Chairman, who shall be a .me_' er of the Board, and two or more members of the Association, The Nominating Committee shall be appointed by the Board prior to each annual meeting of the members, to serve from the close of such annual meeting until the dose of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating- Committee shall make as many nominations for election to the Boaxd as it shall in its discretion determine, but not less than the number of directors to be elected. Such nominations may be made from among sn ::zbers or non -r,1embers. 3.03 Election and Term of Office. The directors named in the Articles of incorporation shall hold office until the organizational meeting of the Association. The initial directors shall be elected at the organizat-ional sheeting of the Association. Directors shall hold office until the next annual meeting of the Association and until their successors are elected, 3 Election to -the Board shall be by secret written ballot. Each member or his proxy may cast, in respect to each vacancy, as many votes as he is entitled to exercise under the provisions of the Declaration and these By-Laws, The candidates receiving the largest number of votes shall. . . be elected. All such elections shall be by. cunula-ti e \noting. Each member shall have the right to give one candidate a number, of votes equal to the number. of directors to be elected multiplied by the number of votes to which he is entitled, or such member may distribute his votes on the same principle among as many candidates as he thinks fit. 3,04 Removal. The entire Board may be removed from office with or wlThout cause by a vote of an absolute majority of the votes which may be cast by the members of the Association; provided, however, that unless the entire Board is removed, no director may be removed if the number of votes cast against such removal exceeds 2000- of the votes cast. In the event of death, resignation or removal of a director, his successor shall. be selected by the remaining members of- the Board and shall serve for the unexpired terra of his predecessor. i 3.05 Compensation, No director shall receive compensation for any service he may render to the Association. Ha�gever, any director maybe reirabursed for his actual expenses incurred in the per.�:ormance of his duties, ARTICLE IV. MEETING OF DIRECTORS 4.01 Regular 14getixigs. Regular meetings of the Board shall be held at intervals of not greater than 90 days, at such place and hour as may be faxed from time to, time by resolution of the Board. 4.02 Soecial %aeatings. Special meetings of the Board shall be held when called by ithe president of the Association or by any two directors after not Less than seven days ' notice to each director. 4 4. 03 Quorum. A majority of the directors shall constitute a quoru fn or the transaction of business. Every act or decision done or made by a majority of the directors present shall be regarded as .the act of the Board.. 4.04 Action Taken Without a Meeting. The directors shall Rave the right to take any .action without a meeting which they could taste at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect .as though taken a'� a meeting of the directors„ ARTICLE V. POWER AND DUTIES OF THE BOARD 5,01 Pavers. The Board shall have the poser to exercise for the Association all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of these By-Lagos, the Articles or the Declaration. Without prejudice to such general powers, but subject to the same limitations, it is hereby declared that the di V-ectors shall have the following powers: (a) Those set forth in Section 2.04 of Article II of the Declaration; (b) To select and remove all the ether officers, agents and employees of the Association, prescribe such powers and duties for them as may not be incon- sistent with law, with the Articles or these By-Laws, fix their compensation and require fro:ti them security for faithful service (c) To conduct, manage and control the affairs and business of the Association, and to make such rules and regulations therefor not inconsistent with law, or with the Articles or these By-Laws, as they may deem best; (d) To borrow money and incur indebtedness for the purposes of the Association, and c.o cause to be 5 JGG !`b executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust,, mortgages ,pledges, hypothecation or other evidences of debt and securities therefor; (e) To appoint such committees, including the Architectural Control Committee described in Article VII of the Declaration, as the Board shall deem necessary or desirable, and to delegate to such committees any of the powers and authority of the Board in the management of the business and affairs of the Association, except the power to adopt, amend or repeal these By-Laws, The Board shall have the power to prescribe the manner in which proceedings of such committees shall be conducted; and (f) To declare the office of a member of the Board to be vacan-'(-- in the event such member shall. be absent from three consecutive meetings of the Board. 5.02 Duties. The Board shall duly perform all duties imposed upon it or delegated .to it under the Declara- tion and the Articles, 5.03 Non-Profit Purpose. In order to preserve the non--profit, income tax-exempt status of the Association, neither the Board nor any member thereof shall do any act, or authorize or suffer the doing of any act by an offices or employee of the Association, on behalf of the Association, which is inconsistent with the Articles or these By-Laws or the non-profit purpose of the Association. Any such act or acts shall be ultra vi res and void. ARTICLE VI. MEETINGS Or A214BrRS 6.01 Organizational m.eeting and ,Annual Meetings. The organizational meet7ng of the Association shall be held at a tine and place in the County of Riverside to be deter- mined by Declarant subsequent to the sale of not less than 6000- of the Residential Lots in Tract 5554, but in no event later than six months from the date of recordation of the 6 j first conveyance of a Residential Lot in said Tracts Each subsequent regular annual meeting of the members shall be held each year thereafter on the same. day in the same month as the organizational meeting, at the hour of 7: 30 P,id, ; provided, ho.aever, that the Board by resolution may fix a different date and time for the meeting not more than 90 days before or after said date. If the scheduled day for any annual meeting of the Association is a legal holiday, the meeting will .be held at the same hour on the first day following which is not a legal holiday. 6. 02 Extraordinary Meetings. Extraordinary, meetings of the Association may be called at any tune by the President of the Association or by the Board or upon written request of the members who are entitled to cast one fourth of all of the votes of the entire meirbershipe 6003 Notice of Meetings Written notice of each meeting of the Association shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such .notice, postage prepaid, at least ten days and not more than 60 days before such meeting to each member, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Associ.aLi.on for the purpose of notice® Such notice shall specify the place, day and hour of the meeting, and in the case of an extraordinary meeting, the purpose of the meetings All meet4ings .of the. Association shall be held at a location in Riverside County, California, to be designated by the Board. 6.04 Quorum, The presence at the meeting, in person or by proxy, of mean ers entitled to cast one-half of the votes of each -class of membershin shall constitute a quorum for any action except as otherwise provided in the Articles, the Declaration or these By-Lav7s. If, however, such quorum shall not be present, the meeting may be ad- journed to a date not less than 48 hours nor mare than 30 days thereafter. At such reconvened meeting, the presence of members entitled to cast at least 25ro of the votes of each claws of membership in person or by proxy shall con- stitute a quorum. A meeting may only be .reconvened once. Thereafter, a new meeting must be called and the original quorum requirements shall be applicable. 7 i 1 6.05 Proxies. At all meatings of members, each member May vote in person or by proxy. All proxies shall be in writing and filed with the secretary prior to com- mencement of any meeting where the proxy is to be exercised. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Residential Lot® ARTICLE VII . OFFICERS AND THEIR DUTIES 7.01 Enumeration of Offices. The officers of the Association shall Be a President and Vice President who shall at all times be membars of the Boarde a Secretary and a Treasurer, and such other officers as the Board may . from time to time by resolution create. One person may hold two or more offices except that the offices of President and Secretary shall not be held by the samb parson. 7.02 Election of Officers. The election of officers shall take place at the first meeting of the Board following .the organizational and each annual meeting of the members. 7.O3 Term, The officers of the Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall. be removed, or othenyise disqualified to serve. 7.04 Spacial Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall, hold office for such period, have such authority and perform such duties as the Board may, from time to time, determine. 7.05 Res ignatioa and Removal.. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Boarde the President or the Secretary. such resignation shall take effect on the date of receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 8 i 7.O6 Vacancies. A vacancy in any office nay be filled in the manner prescribed for regular election. The officer elected to such vacancy shall sere for the remainder of the term of the officer he replaces. 7.07 Duties. The duties of the officers are as follows: (a) President. The President shall preside at all meetings of the Board and act as the chief executive officer of the Association. (b), Vice President. The Vice President shall act in the place and stead of the President and in the event of his absences inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. (c) Secretarv. The Secretary shall record the votes and ]seep the -minutes of all meetings and pro- ceedings of the Board and of the mambers; keep. the Co:rposate seal; serve notice of meetings of the Board and of the members; keep appropriate current records shoring the members of the Association together with 1 their addresses, and shall perform such other duties as required by the Board. (d) Treasurer. The Treasurer shall receive and deposit in approp. ate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes of the Association; shall keep proper books of account; shall cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of . each to the members. ARTICLE V3IJ a BOOKS AND RECORDS 8.01 The books, records and papers of the Association 9 shall at all times during normal business hours be available for inspection by any member at the principal office of the Association. The Declaration, the Articles and these By-Laws shall be available for inspection by any member at the principal office of the Association, inhere copies may be purchased at reasonable cost. The Board shall cause an annual audit to be made of the books and records of the Association by an independent public accountant or certified public accountant and a copy thereof shall be sent to each meriinber within 30 days . after completion thereof and in any event within 90 clays after A.. end of each calendar year, ARTICLE IX, F?I S CELIANEOUS 9.01 Amendments. These By--Lw4s may be amended, at a regular or spacU al meeting of the members at vohich a. quorum is present, by a vote of 51% of all the. votes cThich may be cast at such meeting by the members or by the . written consent of members entitled to exercise . 51% of the voting power of the Association. 9.02 Conflicts. In the case of any conflict bettreen the Articles and these By--Laws, the Articles shall control; and in the case of any conflict between the . Declara- tion and these By--Lags, the Declaration shall. control. All of the terms and provisions of the Declaration are incor- porated herein by this reference and made a part hereof as if set forth in full herein. IN WITNESS HEREOF, we,, being all of the Directors of have set our hands hereunto this Elay of , 1974p . 10 322.74 CERTIFICATION OF SECRETARY Ia the undersigned, being the Secretary of B do hereby certify .the fo,-e-- . going to be the By-Laws of said corporation, as adopted " at a meeting of the Directors held on the day of o 1974. Secretary 11 32574 Recording requested by and when recorded mail to. Agnew, Miller & Carlson 606 South Hill Street Ninth Floor Los Angeles, California 90014 Attention: Jerold L. Miles, Esq, DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS (Ironwood Owners Association III) Lots 1 through 81, inclusive, of Tract : 55540 as shown by map on file in Map Book , Pages through inclusive, Riversli e - County Records IRONWOOD COUNTRY CLUB Palm Desert, California F March , 1974 �'32574 4 TABLE OF CONTENTS PAGE RECITALS: ARTICLE I. DEFINITION OF TERMS 1.01 Articles of Incorporation 2 1. 02. ` Association 2 1.03 Board 2 1.04 By-Laws .3 1.05 Common. Areas 3 . 1.06 Community Facilities 3 1. 07 Declarant 3 1. 08 Declaration 3 1.09 Ironwood Country Club 3 1.10 Manager 4 loll Master Association 4 1.12 Mortgagee 4 1.13 Improvements 4 1.14 Open Area 4 1.15 Owner 4 .1.16 Residential Lot 4 ARTICLE IIo THE ASSOCIATION 2.01 Membership 5 2 .02 Voting Rights 5 2 .03 Meetings of . the Association 6 2.04 Authority and Duties of the Board 7 2.05 The Master Association _ 9 J,& 4 PAGE ARTICLE III. COMMON AREAS AND COM1IUNITY FACILITIES 3.01 Ownership of Common Areas 10 3. 02 Use of Community Facilities 11 3.03 Walkways 11 . Maintenance 12 3.05 Cost of Maintenance 12 3.06 Easements 12 3.07 Party Walls 73 3.08 External Common Areas 14 ARTICLE IV. MAINTENANCE 4.01 Association Responsibility :15_ 4.Q2 Owner Responsibility 16 4.03 Right of Entry 16 ARTICLE V. INSURANCE 5.01 Fire Insurance 16 5.02 Liability Insurance 17 ARTICLE VI. ASSESSMENTS 6.01 Monthly Maintenance Assessments lg 6.02 Special Assessments 19 6.03 Accounting 20 6 .04 Creation of Lien 20 6.05 . Enforcement of Lien 21 ii 32574 PAGE . 6.06 Waiver of Homestead Exemption 22 6.07. Sale of Residential Lot 22 6.08 Payment by Declarant 23 ARTICLE VII. . ARCHITECTURAL CONTROL CO24MITTEE 7.01 Appointment of Architectural Control Committee 23 7.02 Duties of Architectural Control Committee 24 7.03 Submission of Plans 24 7. 04 Approval of Plans 25 7. 05 Standards for Disapproval 25 7.06 Defects in Plans 26 7.07 Rules of Procedure 26 7.08 Filing Fees 26 ARTICLE VIII. RESTRICTIONS ON USE AND OCCUPANCY 8.01 Single Family Use 27 8. 02 Violation .of Insurance Standards. 2.7 8.03 Pets 27 8004 . Nuisance 27 8. 05 Signs 28 8.06 Rubbish 28 8. 07 Laundry 28 8. 08 Antennae 29 8. 09 Racial Restrictions 29 8.10 Storage. 29 8.11 Fires 29 iii 32574 PAGE 8.12 Noises 29 8.13 Lighting 30 8.14 Vehicles 30 8.15 Open Area 31 ARTICLE IX. DAMAGE OR DESTRUCTION 9.01 . Destruction of Residential Lot Improvements 31" 9.02 Community Facilities 32 9 .03 Special Assessments 32 9004 Failure to Rebuild 33 9.05 Approval of Architectural .. Control Committee 33 ARTICLE X. CONDEMNATION 10.01 33 ARTICLE XI, PROTECTION OF LENDERS 11.01 Mortgage. Protection Clause 34 11.02 Amendments 34 11. 03 Lender' s doting Rights 34 .11.04 Meetings 35 ARTICLE XII. TERM m AMENDMENTS 12.01 Terms 35 12.02 Amendments 35 iv 32574 PAGE ARTICLE .XIII. MISCELLANEOUS 13.01 Notices 36 13.02 Interpretive Provisions 37 v 32574 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR TRACT •5 5 5:4 THIS DECLARATION is made as of the day of , 1974, by SILVER SPUR ASSOCIATES ("Declarant") , a general part- nership composed of H V MANAGEMENT CORPORATION, a California corporation, and CAIRNTRUST 'COMPANY, a Delaware corporation. RECITALS Am Declarant is., the owner of certain real property (the "Real Property") located in the City of Palm Desert,. County of Riverside, .State .of California, described as follows: Lots through 81, inclusive, of Tract 5554, as shown by map on file in Map Book , Pages through inclusive, Riverside County Records. B. It is the desire and intention of Declarant to sell and convey the Real Property and to impose on it mutual, . beneficial restrictions under a general plan of improvement for the benefit of. the Real Property,, the improvements and structures thereon, and future owners thereof, NOW, THEREFORE, Declarant hereby declares that all of the Real Property is held and shall be held, conveyed, by- ' pothecated, encumbered, . leased, rented, used, occupied and 32574 improved subject to the covenants, conditions and restrictions set forth in this Declaration, all of which are declared and agreed to be in furtherance of a plan for the development, improvement and sale. of the Real Property and of enhancing and perfecting the value, desirability and attractiveness of the Real Property and every part thereof. All of the covenants, .. conditions and restrictions set forth in this Declaration shall run with the Real Property and each part thereof and shall be binding on all parties having or acquiring any right, title or interest in the Real Property, or any part thereof, and shall be for the benefit of. each Owner of any portion of the Real Property, or any interest therein, and shall inure to the bene fit of and be binding upon each successor in interest of the Owners thereof, ARTICLE I. DEFINITION OF TERMS _ 1. 01 Articles of Incorporation. Articles of Incor- poration of IRONWOOD OWNERS ASSOCIATION III, a non-profit California corporation as the same may be amended from time to time. 1. 02 Association. IRONWOOD OWNERS ASSOCIATION III, a non-profit California corporation, the members of which shall. be all of the several Owners of the Real Property, 1.03 Board. The duly elected Board of Directors -of the Association. 2 32574 1.04 By-Laws. The duly adopted By-Laws of the Asso- ciation, as the same may be amended from time to time. 1e05 Common Areas. Lots 75 through 80, inclusive, of Tract 5554. 1. 06 Community Facilities. All facilities placed or erected on the Common Areas, including driveways, . walkways, parking areas,. storage and equipment areas or enclosures, com- munity swimming pools, open spaces, planted and landscaped areas, . landscape lighting, sprinkling systems and recreation areas; to which all Owners shall have access. 1.07 Declarant. Silver Spur Associates, its suc- cessors and assigns. 1. 08 Declaration. This Declaration as amended, changed or modified from time to time. 1.09 Ironwood Country Club. Areas D, E, H, J, KV L, P and. Q of that certain real property and the Improvements now or, hereafter constructed thereon owned by Declarant together with certain other property adjacent thereto leased by Declarant . for golf course purposes, all of which property is located in the County of Riverside, State of California, which.Declarant is developing as an integrated country club development.. Said development and the hereinabove described areas are further described in Riverside County Conditional . Use Case #.1382 and variance Case 1411750 decided on May 2, 1972, which cases are referred to in Book 86, Page 160 of Supervisors Minutes of the County of Riverside. 3 32574 1.10 Manaqer. The managing agent, if any, whether individual or corporate, retained. by Declarant, or by the Asso- ciation and charged with the management, administration, main- tenance and upkeep of the Real Property and the Improvements. constructed thereon. 1011 Master Association. Ironwood Master .Maintenance Association, a non-profit California corporation, more fully described in Section . 2.05 hereof. 1.12 Mortgagee. The beneficiary of a recorded deed of trust or the mortgagee under a mortgage encumbering any part of the Real Property or .the Improvements constructed thereon. 1.13 Improvements. All structures and construction of any. kind, whether above or below the land surface, including but not limited to, buildings, outbuildings, utility lines, parking facilities and any other structures of any type or. kind. 1.14 Open Area, Lot 81 of Tract 5554 . 1.15 Owner. The record fee owner, or owners, if more than one, of a Residential Lot, including Declarant, so long as any Residential Lots remain unsold. 1.16 Residential Lot. Any of Lots 1 through 74 of Tract 5554. 4 JZ� i4 ARTICLE II. THE. ASSOCIATION 2.01 Membership. Every Owner shall be a member of the Association. Status as an Owner is the sole qualification for membership, such membership being deemed an incident of ownership of a Residential Lot* However,, not more than three Owners of any jointly owned. Resi.dential Lot may be issued mem- bership in the Association. For purposes of this Section,, a husband and wife who jointly.own an interest in a Residential Lot. shall be deemed to be a single Owner. An individual's membership in the Association shall commence as of the date that he receives title to a Residential Lot and shall terminate upon the date of termination of his ownership of a Residential Lot. No Owner may. transfer his membership in . the Association separate from a conveyance of his Residential Lot, 2.02 'Doting Rights. There shall be two classes of voting rights. (a) There shall be one vote allocated for each Residential Lot owned by Owners other than Declarant. In the event a Residential Lot is owned by two or more persons, whether by joint tenancy, tenancy in common, or otherwise, the vote for such Residential Lot shall be exercised as the Owners thereof deter- mine, but the vote attributabie .to such Residential Lot shall be cast by only one of the .Owners of such Residential Lot who shall be designated by the sev- eral Owners of such Residential Lot. In :the absence 5 32574 of such a designation by such Owners and until such designation is made, the Board shall make such des- ignation, (b) Declarant shall be entitled to three votes for each Residential Lot owned by it until the first of the following events shall occur: (i) When 75 0 of the Residential Lots . have been sold to Owners other than DeDe- clarant; The expiration of two years from the date this Declaration is recorded in the Official Records of Riverside County; or The expiration of one year after the date of the latest issuance by the Department of Real Estate, State of California, of a. final Subsidivion Report with respect to any portion of the Real Property, 2.03 Meetings of the Assoc;a;-;o.;, An organizational meeting of the Association shall be held at a time and place in the County of Riverside to be determined by Declarant, sub-- sequent to the sale of not less than 60% of the Residential Lots, but .in no event later than six months from the date of recordation of the first conveyance of a Residential Lot, Notice of the time and place of such organizational meetin g _ 6 32574 shall be specified in writing .and .given 'to each Owner by De- clarant at least 10 days., and not more than 60 days prior to the date of said meeting. Thereafter, meetings of the Asso- ciation shall be held as provided in Article VI of the By-Laws. 2.04 Authority and Duties of the Board. Subject to the provisions of this Declaration, the Articles of Incor- poration and the By-Laws,, the Board shall have the authority to conduct all business affairs relating to the Real Property of common interest to all Owners. The powers and duties of the. Board shall include, but not be limited to, the following: (a To levy and collect the maintenance charges and special assessments in the manner set for in Article VI hereof and to make or authorize the ex- penditures therefrom as hereinafter described„ (b) To. contract for, and pay for the cost of providing all services and maintenance functions imposed on the'.Association pursuant to this Decla- ration, out of funds collected by the Board, (c) To contract for the services of a Y4anager to the .extent deemed, advisable by the Board, as well as such other personnel as the Board shall require in its discretion for the administration of this Declaration and for the performance of any or all of the obligations imposed upon the Association or the Board pursuant to this Declaration or the Articles . of Incorporation or the By-Laws No such contract 7 32574 with a Manager shall be for a term in excess of one year except with approval of Owners casting a majority : of each class of vote, (d) To delegate any of the . powers or duties imposed upon it herein to the Master Association or to such committees, officers or employees as the Board shall deem appropriate, (e) To secure a .fidelity bond naming the Manager, and such other persons as may be designated by the Board, as principals and the Association as obligee, For the period from. the date of the organizational meeting to the end of the calendar year in which said meeting shall occur, such bond shall be in an amount equal to at least.10o of the estimated cash require ment . for that period as determined hereunder. Each calendar. year thereafter, such bond in an amount equal to at least 100 of the total sum collected by the Association during the preceding calendar year. (f) To pay all real property taxes and assess- ments or similar levies assessed against the Common Areas or the Common Facilities by any governmental authority. (g) To pay a pro rata share of the cost of maintaining and repairing the private streets, se- curity gates and other security services. located within the Ironwood Country Club, whether or .not 8 .32574 included within the Real Property, as assessed to the Association or its members by the Master Asso- ciation, (h) To purchase or .hire any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations or insurance or to pay any other assessments which the Association is required to secure or pay for pursuant to the terms of this Declaration, the By--Laws or the Articles of Incorporation or by law or which in the discretion of the Board shall be necessary or proper, in order to carry out its obligations hereunder, However; if any such materials supplies, furniture, labor, services, maintenance, repairs, structural alter a tions, insurance, taxes or assessments are provided for or attributable to. a specific Residential Lot, the cost thereof shall be specially assessed to the Owner of such Residential Lot. (i) To take such other action and incur such other obligations, whether or not herein expressly specified, as shall be reasonably necessary to per- form the Association' s obligations hereunder, 2.05 The Master Association. Declarant has caused the formation of Ironwood master Maintenance Association, a California non-profit corporation, and has imposed upon the Master Association the responsibility of maintaining (i) all private streets within the Ironwood Country Club, (ii) the 9 security gates located or to be located at the entrances to the Ironwood Country Club, and (iv) the cost of providing se- curity service to the Ironwood Country Club residents, owners and occupants. The allocation of such costs is set forth in a Master Declaration of Covenants, Conditions and Restrictions recorded January. 10, 1974, as Instrument No. 38498, Official Records of Riverside County;, California, which provides, inter alia, that the members of the Association shall be solely re- sponsible for the .cost of maintaining the private streets other than Iron Tree and Mariposa Drives within Tract 5554 as well as a pro rata share of the cost of the. other maintenance ob- ligations of the Master Association,, ARTICLE IIIO COMMON AREAS AND COMMUNITY FACILITIES 3oOl Ownershi2 of .Common Areas. Prior to .the date of recordation of the first conveyance of a Residential Lot to an Owner, Declarant shall convey the Common Areas lien free to the Association. Such conveyance shall reserve to Declarant the right to grant nonexclusive easements for the use of the Common Areas and Community Facilities to the Owners, such use to be subject to this Declaration and the rules for such use from time to time established by the Board, and shall further reserve the right to Declarant. to grant easements for the pur- pose of installation and maintenance of utility lines and fa cilities. Thereafter, the Association shall hold and maintain the Common Areas and the Community Facilities for the'.benefit and use of all Owners, 10 32574 3.02 Use of Community.Facilities, Each Owner shall. have . the non-exclusive right to use and enjoy all Common Areas and all Community Facilities constructed thereon. Such right of use shall be deemed an incident of ownership of each Resi- dential Lot and shall be appurtenant to and shall pass with the title to each Residential Lot. Such . right of use shall be subject, however,, . to. (a) the right of the Board to limit the number of guests of any Owner who may use the Common Areas and Community Facilities constructed thereon; (b) the right of the Board to suspend Owners who may be delinquent in the payment of their assess- ments from the use of the Common Areas and Community Facilities in accordance with the provisions of the By-Laws. Neither the Association nor. any Owner other than Declarant or its assigns shall. have any interest in the Open Area, 3. 03 Walkways, There shall be no. obstruction of any pedestrian walkways located upon the Real Property or within the Ironwood Country Club for purposes of circulation of foot . .traffic or any interference with free use thereof except such obstruction as may be reasonably required in connection with repairs of such walkways. Use- of all walkways within the Real Property (other than within the Open Area) ' shall be subject to regulation by rules adopted by the Association and furnished in writing to the Owners. The Association shallpromptly take 11 such action as may be necessary to abate or enjoin any inter- ference with or obstruction of the pedestrian walkways contrary to the provisions hereof and shall have a right of entry for purposes of removing the same. Any costs in by the Asso- ciation in connection with such abatement, injunction or cor- rective work shall be specially assessed to the 'Owner or Owners. responsible therefor. Free use of the pedestrian walkways and free circulation of foot traffic. are essential elements of Declarant°s plan for development of the Real Property and for the remainder of the land within the Ironwood Country Club and, in addition to all other' remedies .it may have at law and in equity, either the Association or Declarant may enjoin or abate by appropriate legal action any interference therewith or ob-- struction thereof, 3. 04 Maintenance. The Association shall have the obligation to maintain the Common Areas and the Community Fa- cilities in the manner set forth in Article IV hereof. ' 3. 0.5 Cost of Maintenance. The cost of maintaining the Common Areas and the Community Facilities shall be borne by the Owners pro rata in the manner set forth in Article VI hereof. 3. 06 Easements. Exclusive easements shall be re- served from the Common Areas for the benefit of each Residential Lot for construction and maintenance of screen walls, wing walls, air conditioning equipment. and other architectural features of each residential building as constructed by Declarant, pro- vided that such easements shall not extend beyond 60 inches 12 32574 from the Residential Lot line. Further, each Residential Lot shall have an easement for support and settlement where the residence built as a part of the original construction of homes within the project adjoins another Residential Lot. 3. 07 Party walls. The rights and duties .of Owners with respect to party walls or party fences shall be as follows: (a) .The Owners of contiguous Residential Lots who have a party wall or party fence shall equally have' -the right to -use such wall or fence, provided that .such use does not interfere with the use and enjoyment of adjoining residential lots. (b) In the event., that any party wall or party fence is. damaged or destroyed through an act of an . Owner or any of his agents or guests or members of his family (Whether or not such act is negligent or otherwise culpable) ,, it shall be the obligation of such Owner to rebuild and repair the party .wall or fence without :cost to the adjoining Residential Lot Owner. (c) In the event any such party wall or party fence is destroyed or damaged (including deterioration from ordinary wear and tear and lapse of time) , other than. by the act of an adjoining Owner, his agents, guests or family, it shall be the obligation 'of all Owners whose Residential Lots adjoin such wall or 13 32574 fence to rebuild and repair such wall or fence at their joint and equal expense, (d). Notwithstanding anything to the contrary herein contained, there shall be no impairment of the structural integrity of any party wall or common roof without the prior consent of all Owners of any . interest therein. (e) In the event of a dispute between Owners with respect to the repair or, rebuilding of a party wall or party fence, or with respect to the sharing of the cost thereof, the -Owners shall submit the dispute to the Board, the decision of which shall be binding, 3. 08 E.xternal .Common Areas. . In addition to the Common Areas located within, the Real Property, the Owners shall have the right to use certain private streets, walkways, utility lines and shall have the benefit of security gates ,and other security services. within other areas of the Ironwood Country Club owned by Declarant. Maintenance of such facilities shall be the responsibility of the Master Association. The -cost of such maintenance shall be assessed pro rate against the Asso- ciation and against all other property owners or any other associations of property owners within the Ironwood Country Club in the manner set forth in the Master Declaration of Cove- nants, Conditions and Restrictions described in. Section 2.05 hereof. 14 32574 ARTICLE IV. MAINTENANCE 4001 Association Responsibility, From and after the date of its organizational meeting, the Association shall be responsible for the maintenance, supervision and repair of: (ai) All Common .Areas and all Community Facili- ties located thereon; (b) All landscaping, all driveways and surface parking areas within . the Real Property and all watero sewage, electrical, telephone, gas,. cable television and other, utility .-lines and services within the Real Property, but not those portions of such utility lines within any building located on a Residential Lot; (c) The exterior and all roofs of all buildings constructed on any Residential Lot. Such responsi bility shall be limited to normal and usual mainten- ance and shall not extend to repair of damage result- ing from fire or other casualty or from the negligence or wilful acts of the Owner thereof or his guests and invitees® In addition, the Association shall be responsible for the peri- odic removal of all trash and rubbish generated from any of the ConnLon' Areas, the Community Facilities or any. Residential Lot and the Improvements located thereon. 15 32574 4 .02 Owner Responsibility. Each Owner shall be responsible for the maintenance of the interior as well as the structural portions of all buildings located on his Residential Lot. Such responsibility shall also include all water, sewage, electrical, telephone, gas, cable television and other utility lines within the exterior walls of such buildings. 4.03 Right of Entry. The Board shall have the au- thority to designate one or more qualified repairmen or other persons to enter upon and within any individual Residential ` Lot and residence thereon, in the presence of the Owner thereof or otherwise, to perform the maintenance or repair functions imposed upon the Association, or to abate any nuisance being conducted .or maintained on any Residential Lot in order to protect the property rights and best interests of the other Owners. Except in the event of an emergency, such entries shall be at a reasonable time upon reasonable notice to the Owner, ARTICLE V. INSURANCE 5.01 Fire Insurance. The Association shall maintain a blanket policy of fire insurance with extended coverage for the full insurable replacement cost of all Community Facilities and of all Improvements constructed on any Residential Lot. . Said insurance shall name Declarant, each Owner and the Asso-. ciation as insureds. All mortgagees shall also be named as additional insureds. The Association shall have no responsi bility to insure any personal property owned by any Owner. All Improvements located on the Real Property shall be reappraised 16 32574 at least once every 12 months and the amount, nature and quality of insurance coverage shall be re-evaluated annually to insure full and adequate insurance coverage so that at no time will the Association or any Owner be deemed a co-* nsuror of any of the Improvements in the event of loss. In the event o f damage to any Improvements covered by the insurance to be carried by the Association pursuant to this Section, the loss shall be adjusted as follows: in the event of-damage to any. Community Facilities, by the Board; and in the event of damage to any Improvements located on .a Residential Lot, by the Owner thereof and by the Board, acting jointly. 5.02 Liability. Insurance. In addition to the fire insurance to be carried by the Association pursuant to Section 5o01 hereof, the Association shall take out and maintains (a) A policy or policies of liability insurance insuring Declarant, the Board, the Association, the Owners and the Association's officers. and employees against, any liability incident to the ownership and use of the Common Areas and Community Facilities and any other property or interest owned by the Ass oci ation, and including the personal -liability exposure Of the Owners with respect to such property. The limit of liability under such insurance shall be not less than $1,000,000 with respect to p personal injury or death to any one or more persons or to damage to . property. Such coverage shall be reviewed at least annually by the Board and increased at its discretion. 17 32574 Said ins urance. shall be issued on a comprehensive liability basis and shall provide a cross-liability endorsement wherein the rights of named insureds under said insurance shall not be prejudiced as respects his, her or their action against another named insured. (b) Workmen's Compensation Insurance. to the extent necessary to comply with any applicable laws. ARTICLE `1I. ASSESSMENTS 6.01 Monthly Maintenance Assessments. The cost of providing the services, _ ,maintenance duties and other obli gations imposed upon the Association pursuant to this Declara- tion shall be assessed proportionately against all Owners. Each Owner, by the acceptance of a conveyance of a Residential Loto shall. be obligated to pay his share of such costs, No Owner may. avoid ,liability for his share of such costs by any waiver of the right to use the Common Areas of the Community Facilities Until the first organizational meeting of the , Association is held, Declarant shall have full authority to . establish and determine the amount of such monthly maintenance charge, such determination to be based upon Declarants best bona fide estimate of the cost of providing such service After the organizational meeting of the Association, the monthly maintenance .charge will be' determined by the Association. At . . least 30 days prior to the commencement of each calendar year, the Board shall prepare and submit to the Association a budget of the estimated costs and expenses to be .incurred by the 18 32574 Association during such calendar year in performing its functions hereunder (including a reasonable allowance for overhead and delinquent accounts) Said budget shall be subject to the .approval of the Association. When such budget has been approved, the Board shall determine the monthly maintenance charge to be assessed to the Owner or Owners of each Residential Lot for the coming year. The i . monthly maintenance charge shall be payable by each Owner in advance on the first day of each month, commencing on the first day of the month following the recording of title © such .Owner° s Residential Lot, or the granting of possession thereof to him, whichever event shall first occur. All costs shall be assessed pro .rata against the Owner of each Residential Lot, including Declarant® so long as Declarant shall own any o.f the Residential Lots. For the purpose of computing the assessments to be made. hereunder, all Owners of a single Resi- dential Lot shall be deemed a single Owner. Should the Asso- ciation fail to approve a budget and set the amount of monthly maintenance charges prior to the commencement of any calendar year, the Board shall continue to levy and collect monthly maintenance assessments at the level of the previous calendar year, .plus an increase of not more than 10%, until the Assoc'- ation shall adopt a current budget. 6 .02 Special Assessments. In addition to the monthly maintenance charge to be assessed against. each Owner pursuant to Section 6.01, the Board, may,, from time to time, levy and collect special assessments to cover extraordinary charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority of the Owners in 19 32574 attendance, in person or by proxy at an Association meeting, the aggregate of all special assessments levied in any calendar year shall not exceed $1,000. 6003 Accounting. All funds collected by the ..Association shall be promptly deposited in a commercial bank account and/or in a savings and loan account in an institution to be selected by the Board, or, prior to its election, by Declarant. Said account shall be designated "Ironwood Owners Association III, Maintenance Fund Account." No withdrawals shall be made from said account except to pay the obligations of the Association. Not later than 90 days after the end of each calendar _year the Board shall distribute to each Owner an operating statement reflecting .. the income and expenditures of the Association for .the pre- vious calendar year.. The Board shall maintain complete and accurate books and records . of. its income and expenses, in accordance with generally accepted accounting principles° consistently applied and shall file such tax returns and other reports as shall be required by .any governmental entity. The books and records shall be kept at the office of the Association and shall be open for inspection by any Owner at any time during normal business hours. 6.04 Creation of Lien, The monthly maintenance charge to with any special assessments which each Owner is obligated to pay shall be a debt of such Owner to .. the Association on the date when each installment thereof becomes due. In the event of the default by any Owner in 20 . 32574 the payment of any installment of maintenance charges or special assessments, such amount, together with interest thereon at the rate of 10% per annum, and together with all costs which may be incurred by the Association in the collection of such amount, together with reasonable at- torneys' fees, shall be and become a lien upon the inter- est, of the defaulting Owner in his Residential Lot upon the execution by the Association and the recording in the Riverside County Recorder° s Office of a Notice of Assess .ment, setting forth the name of the defaulting Owner, the amount of the delinquency and the legal description of his Residential Lot. Subject to the provisions of Article TL hereof, such lien shall be deemed prior to any or all other liens hereafter encumbering the Residential tot regardless of the date of recordation of the assessment lien or such other liens, except (i) the lien for real property taxes and assessments, or (ii) the lien of a first deed of trust or purchase money second deed of trust on the Residential Lot of the defaulting Owner, The Notice of Assessment shall . not be filed for record unless and until the Association shall have delivered to said defaulting Owner, , not less than 15 days prior to the recordation of such Notice of Assessment, a written notice of default and a demand upon the defaulting Owner to cure such default within said 15 days, and the failure of the defaulting Owner to comply. 6.05 Enforcement of Lien. Not less than 10 days, nor more than 180 days from the filing of any Notice of Assessment, .the Association shall file for record a Notice of Default, . and thereafter may cause the interest of said 21 32574 defaulting Owner to be sold in the same manner as a sale under the power of sale contained in mortgages and deeds of trust as provided by the Civil Code of. the State of California, Sections 2924 through 2924h or through judicial foreclosure. The sale of said interest must be held, or legal action to enforce a lien must be instituted, within one year from the recording of the Notice of Default, or said lien shall be deemed void. and of no effect. If, in fact, any such sale is held, Declarant or any Owner may purchase thereat. If any . legal action is filed .to enforce the provisions of this Article, any - judgment rendered against the defaulting Owner shall in clude al.l _costs and expenses of such action, and all costs and expenses of perfecting said lien and of said sale, plus reasonable attorney's fees incurred in prosecuting said action, If any such lien is cured prior to sale or prior to judgment of judicial foreclosure, the Association shall cause to be recorded a certificate setting .forth the satisfaction of such claim and release of such lienp upon payment of actual expenses incurred and a reasonable aattorney' s fee, by such. defaulting Owners 6.06 Waiver of Homestead Exemption. Each- Owner does hereby waive, to the extent of any liens created pur- suant to this Article, the benefit of any homestead or ex- emption. laws of the State of California in effect at the time any assessments levied pursuant to this Section become due or a lien therefor is imposed, 6 .07 Sale of Residential Lot. Any Owner who sells his Residential hot in good faith and for value shall 22 32574 be relieved of the obligation to pay the maintenance charges attributable to his Residential Lot as of the date of recor- dation of the deed to such Residential Lot to his purchaser, Such obligaton, together with any past due or delinquent obligations, shall thereupon pass to said purchaser and if not paid shall become a lien on such purchaser° s Residential . Lot in the same manner as a real property tax lien. 6 .08 Payment by Declarant. Declarant shall be obligated to pay the monthly maintenance charge for each unsold Residential Lot. Such obligation shall commence as of the first date that a maintenance charge is assessed : against. any Owner and shall . continue as long as Declarant owns any Residential Lot. ARTICLE VII. ARCHITECTURAL CONTROL COMMITTEE 7.01 Appointment of Architectural Control Committee, Three persons shall be appointed to act as an Architectural Control Committee to perform the functions set forth in this Article. Declarant shall have the sole right to appoint, replace and remove members of the Architectural Control Com- mittee until. the earlier of (i) five years from the' date hereof, or (ii) the date that Declarant has sold 90% of the Residential Lots. Thereafter, appointments to the Architec- tural Control Committee shall be made by the Board and the appointees of the Architectural Control Committee shall serve at the pleasure of the Board. 23 32574 7. 02 Duties of Architectural Control Committee, All plans and specifications for any structure or improve- ment whatsoever to be erected on or moved upon or .to any Residential Lot, and the proposed location thereof on any such Residential Lot, the construction material,' 'the roofs and exterior color schemes, any later changes or additions after initial approval thereof, and any remodeling, recon- struction, alterations or additions thereto on any such I Residential Lot shall be subject to and shall require 'the approval in writing, before any such work is commenced,, of the Architectural Control Committee, No fences, hedges, walls or plantings shall be placed or maintained upon the Common Areas by any owner without prior written approval by the Architectural Control Committee; 7.03 Submission of Plans. There shall be sub- mi,tted to the Architectural Control Committee two complete sets of plans and specifications for any and all proposed { Improvements to be constructed on any Residential Lot, and no structures or improvements of any kind shall be erected, altered, placed or maintained upon any Residential Lot . unless and until the final plans elevations and specifications : therefor. have received such written approval as herein pro vided, Such plans shall include plot plans showing the . i location on the Residential Lot of the building, wall, fence { or other structure proposed to be constructed, altered, f placed or maintained thereon, together with the proposed con- struction material, color schemes for roofs, and exteriors , thereof, and proposed landscape planting. 24 32574 7,04 Approval of Plans. The Architectural Con- trol Committee shall approve or disapprove plans, specifica- tions and details within 30 days from the receipt thereof or shall notify the Owner submitting them that an additional period of time, not to exceed 30 days, is required for such approval or disapproval. Plans, specifications and details not approved or disapproved, or for which time is not extended within the time limits provided herein, shall be deemed approved as submitted, One set of said plans and specifications and ,. I _ details with .the approval or disapproval of the Architectural Control Committee endorsed thereon shall be returned to the Owner submitting them' and the other copy thereof shall be j . . retained by the Architectural Control Committee for its per- manent files. Applicants for Architectural Control Committee action may, but need not be, given the opportunity to be heard in support of their application. j 7.05 Standards for Disapproval. The Architectural Control Committee shall have. the right .to disapprove any plans, specifications or details submitted to it if: (i) said plans do not comply with all of the provisions of .this. Declaration; the design or, color scheme of the ro osed P P building or other structure is not in harmony with the general surroundings of the Real Property or with the adjacent buildings or strut- .tureso . (iii) the plans and specifications submitted are incom- plete; or. (iv) in the event the Architectural. Control Committee i deems the plans, specifications or details, or any part thereof, to be contrary to the best interest, welfare or rights of all or any of the other Owners, i 25 32574 7.06 Defects in Plans. Neither the Architectural Control Committee nor any. architect or agent thereof or of Declarant shall be responsible in any way for any defects in any plans or specifications submitted; revised or approved in accordance with the foregoing provisions, nor for any struc-- tural or other defects in any work done according to such plans and specifications. 7007 Rules of Procedures The Architectural. Con- trol Committee may. adopt rules and regulations from time to time establishing design criteria not inconsistent herewith. The address of the Architectural Control Committee shall be the address . of the principal office of the Association, The current record of the names, qualifications and business } addresses of the members of the Architectural Control Committee I shall be kept there. The Architectural Control Committee shall meet at the convenience of the members thereof as often as necessary to transact its business, acting on the concurrence of two out of three members thereof, 7. 08 Filing Fees, As a means of defraying its expenses, the Architectural Control Committee may require a reasonable filing fee to accompany the submission of plans to it in an amount, from time to time to be fixed by the Board. No additional fee shall be required for resubmission of plans revised in accordance with Architectural Control Committee recommendations, 1!! I I 26 : I 32574 ARTICLE VIII. RESTRICTIONS ON USE AND OCCUPANCY I 8.01 Single Family Use. Each Residential Lot shall be improved, used and occupied only for single family dwelling residential purposes. Notwithstanding anything to the con- trary contained herein, Declarant shall be allowed to use j buildings constructed on Residential Lots owned by it as sales . imodels, conducting thereon, through agents or employees, sales activities usually associated with model units for a period of five years from the date hereof, i 8.02 Violation of Insurance Standards, No Resi- dential Lot shall be occupied or used for an u Y purpose or in any. manner which shall cause any Improvements . constructed thereon to be uninsurable against loss by fire or the perils of the extended coverage endorsement to the California standard . fire policy form, or cause any policy or policies representing such insurance to be canceled or suspended or the company : issuing the same to 'refuse renewal thereof, 8.03 Pets. Dogs, cats or usual and ordinary house- hold pets may be kept in any dwelling unit contained within a Residential Lot, as may be permitted by rules made by the I Board. . Except as hereinabove provided, no animals, livestock, birds or poultry, shall be kept or .main.tained � on any Residential Lot; I ! 8. 04 Nuisance. No Residential Lot shall be used in .such manner as to obstruct or interfere with the enjoyment r 1 27 f 32574 of Owners of other Residential Lots or annoy them by unrea- sonable noises or otherwise, nor shall any nuisance or illegal . activity be committed or permitted to occur on any. Residential Lot. The area of each Residential hot which is not occupied by the building located thereon shall be landscaped in good taste and in conformity with the landscaping of the Common Areas 8.05 Signs. No sign or billboard of any kind shall be. displayed by any Owner on any Residential Lot except signs of a customary and reasonable dimension advertising the sale or lease of such Residential Lot. Nothing herein contained shall prohibit or restrict in any way Declarant°s right to construct such promotional signs or other sales aids, including a sales office, on or about any portion of the Real Property owned by it, which Declarant shall deem reasonably necessary in connection with its sale of Resi- dential Lots. 8.05 Rubbish. No' part of the Real Property shall be used or maintained as a dumping ground for rubbish. All trash, garbage or other waste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The containers shall be made of a material which does not emit noise during handling. 8.07 Laundr . No laundry or wash shall be dried or hung outside any building located on any Residential Lot. 28 32574 8.08 Antennae. No exterior antennae shall be permitted without the prior approval of the Architectural Control Board, No activity shall be conducted on any Residential Lot which interferes. with television or radio i reception on any other Residential Lot. 8.09 Racial Restrictions. No Owner shall execute or file for record any instrument which imposes a restriction upon the sale, leasing or occupancy of his Residential Lot on the basis of race, color or creed. 8.10 .Storage. No furniture, fixtures, appliances or other goods and chattels not in active use, shall be stored in any building or open area or on any Residential Lot or on any of the Common Areas in such manner that such material is visible from a neighboring Residential Lot or Lots or from i the Common. Areas. 8.11 Fires. There shall be no exterior fires, except barbeque and incinerator fires contained within facil- ities or receptacles and in improved areas designated for i such purposes. No Owner or Owners shall permit any conditions i i on his Residential Lot or Lots which creates a fire hazard or is in violation of fire prevention regulations, 8.12 Noises. No exterior horn, whistles, bells or other sound devices except security devices used exclu- � sivel to y protect the security of the Real Property, the Improvements located thereon and the Owners or occupants 29 32574 i thereof shall be placed. or used on any part of the Real Property, 8.13 Lighting. No exterior lighting of any sort shall be installed or ma i i ntained on any building, the light source of which is visible from a neighboring Residential i Lot or the Common Areas, except as authorized by the Archi- tectural Control Committees 8.14 Vehicles. No resident shall park any auto- mobile on any part of the Real Property except within car- ` ports or designated parking areas. No work of automobile repair shall be performed anywhere within the Real Property except in emergency cases. No motocycle, motor biked golf cart or recreational vehicle may be operated within the Real Property .except as authorized by the Board. No trucks or vehicles other than passenger cars or pickup or utility trucks with a capacity of .one. ton or less shall be parked, stored or in any manner kept or placed on any Residential Lot or on any street within the Ironwood Country Club except in locations designated by Declarant or, after sale of all of. the Residential Lots, by the Association or such other i property owner°s association as shall then be changed with, the responsibility of maintenance of the streets within the i . Ironwood Country Club. This restriction shall not, however, be deemed to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to any Residential Lot or the Common Areas. i i 30 32574 8e15 Oi2en Area, The Open Area shall be used only for golf course, recreational, green belt and open area pur- poses. No structures or improvements of any kind may be con- structed on the Open Area except landscaping, sprinkler systems, fences, underground utilities and facilities normally associ atea with golf course use, such as greens, cart paths and similar amenities. Nothing contained herein shall be deemed to give any. Residential Owner or Occupant any easement or other interest in the Open Area except as may, from time to time, be specifically granted by the Owner thereof, ARTICLE IX DAMAGE OR DESTRUCTION 9. 01 Destruction of Residential Lot Improvements. In the event of damage or destruction by fire or other casualty of any Improvements located on a Residential. Lot, the Owner thereof .shall, within six months thereafter either: ' (i) diligently commence -to rebuild the same in accordance with the terms hereof, or - (ii) clear and level the Residential Lot, removing all wreckage, debris and remains of the building or buildings therefrom and leave the same in a level, clean . condition® Upon reconstruction, the building shall be re- built substantially in accordance with the original plans and specifications therefor; provided, however,. that the exterior appearance thereof shall substantially resemble the appearance in form and color that existed prior to such damage and destruction. Notwithstanding the foregoing, however, the Owner of .such damaged building may reconstruct or repair the 31 32574 same in accordance with new or changed plans and specifications. with the prior written approval of the Architectural Control Committee. Subject to the rights of any mortgagee of such Improvements, all insurance proceeds attributable to such damage or destruction shall be made available to the Owner thereof for such rebuilding. 9002 Community Facilities. In the event of a total or partial destruction of any Community Facilities, and if the available proceeds of the insurance carried by the Association pursuant to Article V of "this . Declaration are sufficient to cover not less. than 85% of the cost of repair or reconstruction . thereof, the same shall be promptly repaired and built, not. less than 90 days from the date of such destruction, unless 75 or more of the Owners present, in person or by proxy, at a duly constituted. meeting of the Association shall determine that such reconstruction " shall not .take place. If the proceeds of such insurance are less than 85% of the cost of reconstruction, such reconstruction may nevertheless take place if, within 90 days from the date of such destruction, a majority of the Owners present and entitled to vote, in person or by proxy, at a duly constituted meeting of the Association determine that such reconstruction shall take place. 9.03. Special Assessments® If the Owners determine to rebuild in accordance with the provisions above, a special assessment shall be assessed pro rata against the Owners in the manner set forth in Section 6.02 hereof to pay the cost of reconstruction over and above the insurance proceeds. In 32 32574 the event of the failure or refusal of any Owner to pay his . proportionate share, the Association may record and thereafter foreclose. alien against such Owner' s Residential Lot in the manner set forth in Sections 6. 04 and 6.05 hereof, 9.04 Failure to Rebuild. If rebuilding of the Community Facilities shall not take place, any insurance pro-- ceeds received as a result of such damage or destruction shall be distributed .to the Owners (or their respective mortgagees) probratao. 9.05 Approval of Architectural Control Committee, Any rebuilding, reconstruction, repair or restoration done pursuant to this Article must be done. with the .approval . of the Architectural Control Committee. ARTICLE X. COMEMNATION 10.01 In the event that an action for condemnation is proposed or commenced by any governmental body having the right of eminent domain for the condemnation of all or any part of the Common Areas or Community Facilities, no Owner shall be entitled to participate individually as a party in any proceedings relating .to such condemnation, such right. of participation being herein reserved exclusively to the Asso- ciation which shall, in its name alone, represent the interests of all Owners. All proceeds . from such action shall be retained by the Association to be used for restoring or rebuilding any . 33 32574 Common Areas or Community Facilities as taken. Any excess beyond that needed for such restoration or rebuilding shall be distributed to the Owners (or their respective mortgagees) pro-rataa ARTICLE XI. PROTECTION OF LENDERS 11.01 Mortgage, Protection Clause, No breach of the covenants or restrictions herein contained, nor the en- forcement of any lien .provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for values but all of said covenants and restrictions together .with any pre--existing liens for main- tenance assessments shall be binding upon and effective against any. Owner whose title is: derived through foreclosure or trustee's sales, or through a deed given in lieu thereof. 11.02 Amendments, Subject to the provisions of Article XII hereof,.'no amendment to this Declaration shall affect in any way .the rights of the Beneficiary of any such trust deed or mortgagee of any such mortgage, unless said beneficiary or mortgagee shall either join in the execution of such amendment, or approve the same in writing as a part of such amendment, 11.03 Lender's Voting Rights, In the event of the default by any Owner in the payment of any promissory note secured by a trust deed or mortgage .of his Residential 34 32574 Lot, upon recordation of a Notice of Default by the holder thereof, the right of such. owner to vote at any regular or special meeting of the Association held during such time as said default may continue, shall automatically be vested in the holder of such note Upon curing such default, the right of such Owner to. vote shall thereupon revives 11.04 Meetings, Any lender with a secured interest in any Residential Lot may attend any meetings of the Association. ARTICLE XII. TERM AMENDMENT'S 12. 01 Term. The covenants, conditions and restric- tions contained herein .shall run with the land and -shall be binding on all parties and all persons claiming under them until 50 years from the date of recordation of this Declaration in the Official Records of Riverside County, after which time this Declaration .shall be automatically extended for successive periods of 20 years unless an instrument executed by 75% of the Owners shall be recorded at any time after the recordation of this Declaration, canceling and terminating this Declaration. Recording of amendments to this Declaration pursuant to Section 12.02 hereof shall not be construed to extend or alter . the terms hereof unless said amendments specifically provide for the amendment of this Section. 12. 02 Amendments. Except as set forth in Article XIe the Owners of 75% of the Residential Lots may at any time 35 32574 and upon 30 days° notice, modify, amend, augment 'or delete any Of the provisions of this Declaration except that any of the following amendments, to be effective, must be approved in writing by the record holders of all encumbrances on such Lots at the time of such amendment: (a) Any amendment which affects or purports to affect the validity or priority of encumbrances. (b) Any amendment which would necessitate a mortgagee after it has acquired a Residential .Lot as. set forth in Article XI to .pay any portion of any unpaid assessment or assessments accruing prior to such foreclosure, ARTICLE XIII. MISCELLANEOUS 13,01 Notices® All notices and communications desired or required to be sent or delivered hereunder shall be in writing and may be served personally, or shall be mailed, by certified mail, return receipt requested, as. follows: . .If to Declarant, to Silver Spur Associates, 48-870 Portola Avenue, Palm Desert, California 92260, or at such other address or addresses as Declarant may designate in c7riting, from time to time, by giving notice thereof to all. Owners, and the Association, in writing, If to the Association, then to the secretary thereof at the office of the Association, or at such other address as may be designated in writing by the Board 36 32574 from time to time, and of which Declarant and the secretary of the Association are advised in writing. 13.02 Interpretive Provisions. (a) As used herein, - the singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine - or neuter as the . context may require. (b) The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation -of the project for the mutual benefit of all Owners, (c) The provisions herein shall be deemed in- dependent and.. severable, and the invalidity or partial invalidity or unenforceability of any of the provisions hereof shall not affect the validity of the remaining provisions. (d) No waiver of any breach of any of the cove- nants or restrictions of this Declaration shall constitute a waiver of any succeeding or preceding breach of the same, or any other covenant or restriction contained herein, (e) Each and all legal or equitable remedies pro- vided for in this Declaration shall .be deemed to be cumulative, whether so expressly provided or not. . 37 32574 IN WITNESS WEREEOF, Declarant has executed this instrument as of the date first above written. SILVER SPUR ASSOCIATES, a General Partnership By H V MANAGEMENT CORPORATION, a California Corporation, Partner By Robert M. Haynie, President By bonwayne Benedict, Secretary By CAIRNTRUST COJ ANY, a Delaware Corporation, Partner By President By . Secretary '.Declarant" 38 32574 STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) t , On , before me, the under signed, a Notary Public in and for said State, personally appeared , known to me to be the President, and known to be to be the Secretary of H V Management Corporation, the corporation that executed the within instru- ment and known to me to .be the persons who . executed th within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Silver Spur Associates, the partnership that executed the within instru- ment, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public JG5 /4 STATE OF ) ss, COUNTY OF ) On , before me, the under- signed, a Notary Public in and for said State, personally appeared , known to me to be the President, and , known to me to be. the Secretary of Cairntrust Company, the corporation that executed the within instrument and known to me . to be the persons who executed the within instrument on behalf of said corporation., said corporation being known to M to be one of the partners of Silver Spur Associates, the partnership that executed the within instrument, and acknowledged . to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Pub is DEPARTMENT OFREAL ESTATE OF THE STATE OF CALIFORNIA. Telephone Number (213) 6.20-270.0 In the matter of the application of FINAL SUBDIVISION S.I:L`rER SPUR ASSOCIATES PUBLIC REPORT A GENERAL PARTNERSHIP FILE NO. 36111 LA ISSUED : JANUARY 6., 1977 fora Final Sub 'vision 1'Lblic Report on EXPIRES : JANUARY 5, 1982 TRACT N0. 5554 PIIASE II "IROIWOOD" RIVERSIDE COUNTY, _CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report :Expires on Date Shown Above. If 'There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is against public policy. Under Section 1256 of the California Business and Professions Code, California real estate licensees are subject to disciplinary action by .the Real Estate Commissioner if they make any discrimi.natio6-distinction or restriction in,negotiating a-sale or lease of real property because of the'ra.ce, color, sex;religion; ancestry or national origin of the. prospective :buyer. If any prospective buyer or lessee believes that a licensee is guilty of such,conduct, he or she should contact the Department of Real Estate. Information Regarding Schools can be found on Page 6 of this report: READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. WE Form 618 -� of 6 Pages 10/76 SPECIAL NOTES - THIS REPORT COVERS ONLY RESIDENTIAL LOTS 1 THROUGH 37 AND COMMON AREA LOTS 75 AND 76 . THIS REPORT COVERS PHASE II ONLY. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED 014NERS ASSOCIATION, THE IRONWOOD OWNERS ' ASSOCIATION , III. THE ASSOCIATION HAS THE RIGHT TO .LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES . YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IROM400D MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D , E , H, J, K, L, P, AND Q, OF THE MAP INCLUDED AS EXHIBIT A TO THE CONDITIONAL USE PERMIT NO. .1382 . THIS ASSOCIATION HAS THE. RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN , FOR OPERATION OF SECURITY' GATES , AND FOR OPERA.TION .OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED, IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB , ADJACENT TO THIS PROJECT , THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS , ESPECIALLY THOSE SECTI.ONS RELATING TO INITIATION FEES , DUES , MANAGEMENT OF CLUB , AND TRANSFERANCE AND TERMINATION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS , BEGINNING NOVEMBER 30, 1972 . THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE. THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS , AND BYLAWS , BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS , PRIVILEGES , USE, OBLIGATIONS , AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS , UTILITIES AND RELATED DATA. -2- of 6 Pages FILE NO. 36111 LA SPECIAL NOTES (Continued) THE DEVELOPER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES . INTERESTS TO BE CONVEYED : You will receive fee title to a specified lot, together with a membership in Ironwood Owners ' Association III , and Ironwood Master Maintenance Association and rights to use the common area. LOCATION.- AND SIZE : In the City of Palm Desert. This Phase II consists of approximately 12 acres divided into 37 residential lots and common area which consists of Lots 75 and 761 on which community- facilities consisting of walkways , 2 swimming pools and Jacuzzis , 2 cabanas with wet bar, barbeque and ice maker, and landscaped areas will be constructed. Lot B (portions of) , Lot C and Lot D (portions of) , are private streets . These lots will continue to be owned by the subdivider. However , a non-exclusive easement , in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the behefit of all owners . MANAGEMENT AND OPERATION: The Ironwood Owners ' Association III and Ironwood Plaster Maintenance Association, which you must join, manages and operates the common areas in accordance with the Restrictions , Articles of Incorporation and By-Laws . MAINTENANCE AND OPERATIONAL EXPENSES : According to the. subdivider' s estimate of expenses for maintenance and operation of the project, your monthly assessments for the Ironwood Owners ' Association III will be $141. The subdivider should furnish you a copy of the budget. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and. tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a 3-year period to guarantee such payment. In addition to your assessments for Ironwood Owners ' Association III , there is presently a monthly assessment of $10.00 per lot for the Ironwood Master Maintenance Association. This $10. 00 assessment will continue until 3 years from the date of recordation of the Master Association Restrictions (until January 10, 1977) . Thereafter, each owner, including Declarant and the owners of the golf and tennis facilities , will be assessed prorata. based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions . The subdivider estimates that by the end of said three-year period the road system and .gates to be controlled by the Master Association will have doubled and the costs will, at least, be correspondingly doubled. The total monthly assessments for each lot owner in this Phase is $151. 00. -3- of 6 Pages FILE NO. 36111 LA MAINTENANCE AND OPERATIONAL EXPENSES : . (Continued) IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The Association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&R` s or Bylaws . In considering the advisability of a decrease in assessments , care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES -OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY , ESTIMATED INITIALLY , MOST EXPENSES INCREASE WITH THE .AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 1 through 37) , during the month following the closing of the first sale of a lot. From that time , .the subdivider is required to pay the association a monthly assessment for each lot which he owns . The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&R` s . These remedies are available against the subdivider as well as against other owners . The subdivider has posted a bond as partial security for his obligation. to pay these assessments . The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. EASEMENTS : Easements . for utilities and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Book 81, Page 52 . RESTRICTIONS : This subdivision is -subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974 , as Instrument No. 3849 , and March 27, 1975 , as Instrument No. 35116 , and Declaration of Restrictions to be recorded, in Book 1976 , Page 175831, which includes , among other provisions , the following: 1. Each residential lot shall be improved, used an:d" occupied only for. single family dwelling residential purposes . 2 . No animals , livestock, birds or poultry shall be kept or maintained on any residential lot. 3. All trash, garbage or other waste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The containers shall be made of a material which does not emit noise during handling. -4- of 6 Pages FILE NO . 36111 LA RESTRICTIONS : (Continued) 4. No laundry or wash shall be dried or hung outside any building located on any residential lot . 5. No exterior antennae shall be permitted without the prior approval of the Architectural. Control Board. No activity shall be conducted on any residential lot which interferes with television or radio reception on any other residential lot. 6. No exterior lighting of any sort shall be installed or maintained on any building, the light source of which is visible from a neighboring residential lot or the common areas , except as authorized by the Architectural Control Committee. TAX ESTIMATES : If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows : TAKE 25% OF THE SALES PRICE , .DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976-77 FISCAL YEAR IS $12 . 017. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS . FOR EXAMPLE , ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. IN ADDITION, A FIXED: CHARGE OF $20. 00/YEAR PER LOT IS COLLECTED WITH TAXES FOR THE COACHELLA VALLEY COUNTY WATER DISTRICT AND REPRESENTS A CIIARGE FOR THE AVAILABILITY OF WATER AND SEWER SERVICE ; WHEN WATER AND SEWER SERVICE ARE CONNECTED , THE HOMEpWNER WILL BE BILLED DIRECTLY BY THE DISTRICT AND THE CHARGE WILL NOT APPEAR ON SUBSEQUENT TAX BILLS . CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following .provisions : An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and 'payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amount. as a penalty. PURCHASE, MONEY HANDLING: The subdivider must impound all funds received from you in escrow depository until legal title is delivered to you. (Refer to Sections 11013 and 11013.2 (a) of the Business and Professions Code) . If escrow has not closed on your lot within six (6) months of the date of,your deposit receipt , you may request return of your deposit. -5- of 6 Pages FILE NO. 36111 LA FILLED GROUND : Some lots will contain filled ground varying to amaximum depth of 7 feet. Thee soils are to be properly compacted for the intended use under the supervision of a state-licensed engineer. WATER: The subdivider advises that lot purchasers will be subject to a charge of $75. 00 for the installation of a . water meter_ . FIRE PROTECTION: Fire protection will be furnished by Riverside County Department of Fire Protection, in cooperation with the California Division of Forestry reports that : initial response into subject tract would call for three engines ..and 2 squads . Two engines and one squad from Station 33, Palm Desert and 1 engine and 1 squad from Station 31, Bermuda Dunes . The public water system in the tract is adequate for fire protection purposes . SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge of $5 . 00 per lot per month. STREETS AND ROADS : The s-treets within this subdivision are private. All repair and maintenance of the private streets will be the responsibility of the Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not available. SC140OLS : Students. will be served by the Desert Sands Unified School District. The schools of attendance, locations and distances from the project are as follows : Washington Elementary School (K-2) , 45768 Portola , Palm Desert, 2-1/8th miles ; Lincoln Elementary School (3-5) , 74100 Rutledge, Palm Desert , 3-1/2 miles ; Palm Desert Middle School (6-8) , 7410.0 Rutledge, Palm Desert, 3-1/2 miles ; Indio High School (9-12) , 81750 Avenue 46 , Indio, 11 miles . Free bus transportation is available to all the aforesaid schools . NOTE : This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service. S14OPPING FACILITIES : Complete shopping facilities are located approximately two miles north of the project in Palm Desert. For further information in regard to this subdivision, you may call (213) 620-2700., or examine the documents at 107 South Broadway, Room 8136 , Los Angeles , CA 90012 . BJ/lr -6- and last FILE NO. 36111 LA J BEFORE THE DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA Telephone Number (213) 620-2700, In the matter of the application of PRELIMINARY SUBDIVISION PUBLIC REPORT SILVER SPUR ASSOCIATES A GENERAL PARTNERSHIP FILE NO. 36111 for a Preliminary Subdivision Public Report on ISSUED: NOVEMBER 4, 1976 .TRACT NO. 5554 - PHASE 11 EXPIRES: NOVEMBER 3, 1977 "IRONWOOD" RIVERSIDE ,COUNTY, CALIFORNIA . This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This is a Preliminary Subdivision Public Report which permits the taking of reservations to purchase or lease a lot or parcel in this subdivision under the following conditions: (1) such reservations must be subject to the approval of the final public report by the proposed purchaser; (2) any valuable consideration involved must be placed in a neutral escrow depository subject to withdrawal by the proposed purchaser at any time without deductions and an option to cancel his reservation at any time until he approves the final public report; and (3) a copy of the reservation agreement'signed by the prospective purchaser and by the subdivideror his agent must be placed in the escrow. This Report Expires on Date. Shown Above. 1f There Has Been is Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. THE FILING OF THIS SUBDIVISION WITH THE DEPARTMENT OF REAL ESTATE IS INCOMPLETE IN THE FOLLOWING RESPECTS: Copies of the recorded Declaration. of Restrictions, and financial guarantees have not yet been submitted, SPECIAL NOTES INFORMATION REGARDING SCHOOLS CAN BE FOUND ON THE LAST PAGE OF THIS REPORT. THIS REPORT COVERS ONLY RESIDENTIAL LOTS 1 THROUGH 37 AND COMMON AREA LOTS 75 AND 76. THIS REPORT COVERS PHASE 11 ONLY. R/E FORM 620 -1- 4/20/76 i r THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCATION, THE IRONWOOD OWNERS' ASSOCIATION, 111. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q, OF THE MAP; INCLUDED AS EXHIBIT A TO THE CONDITIONAL USE PERMIT NO. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR 'OPERATiON OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLI- CATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINATION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. THE DEVELOPER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS, AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THE DEVELOPER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE UNITS IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE THE UNITS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE UNITS BECOME RENTAL PROPERTIES. -2- of 5 pages FILE NO. 36111 (Preliminary) r THE AGREEMENT YOU WILL SIGN TO RESERVE A LOT IN THIS SUBDIVISION DOES NOT BIND THE SELLER TO SELL AT PRICES IN EFFECT OR QUOTED TO YOU AT THE TIME YOU ENTER INTO A RESERVATION AGREEMENT. BY THE TIME THE FINAL SUBDIVISION PUBLIC REPORT IS ISSUED TO THE DEVELOPER THE ACTUAL PURCHASE PRICE MAY INCREASE ON SOME OR ALL THE LOTS IN THIS SUBDIVISION. INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Ironwood Owners' Association III , and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert. This Phase II consists of approximately 12 acres divided into 37 residential lots and common area which consists of Lots 75 & 76, on which community facilities consisting of walkways, 2 swimming pools and jacuzzis, 2 cabanas with wet bar, barbecue and ice maker, and landscaped areas will be constructed. Lot B (portions of) , Lot C and Lot D (portions of) , are private streets. These lots will continue to be owned by the subdivider. However, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. MANAGEMENT AND OPERATION: The Ironwood Owners' Association III and Ironwood Master Maintenance Association, which you must join, manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and By-laws. MAINTENANCE AND OPERATIONAL EXPENSES: According to theLsubdivider's estimate of expenses for maintenance and operation of the project, your monthly assessments for the Ironwood Owners' Association III will be $141 . The subdivider should furnish you a copy of the budget. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a 3-Year period to guarantee such payment. In addition to your assessments for Ironwood Owners' Association III , there is presently a monthly assessment of $10.00 per lot for the Ironwood Master Maintenance Association. This $10.00 assessment will continue until 3 years from the date of recordation of the Master Association Restrictions (until January 10, 1977) . Thereafter, each owner, including Declarant and the owners of 1,.he golf and tennis facilities, will be assessed prorata based upon the number of votes allocated to owners in accordance with the provisions of the recorded restrictions;. The subdivider estimates that by the end of said three-year period the road system and gates to be controlled by the Master Association will have doubled and the (costs will , at least, be correspondingly doubled. The total monthly assessments for each .lot owner in this Phase is $151 .00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. -3- of 5 pages FILE NO. 36111 (Preliminary) A The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CCF,R's or Bylaws. In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES I,N THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 1 through 37) , during the month following the closing of the first sale of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CCF.R's. These remedies are available against the subdivider as well as against other owners. The subdivider will post a bond as partial security for his obligation to pay these assessments: The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 384", and March 27, 1975, as Instrument No. 35116, and Declaration of Restrictions to be recorded. TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF,THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.017, THE TAX RATE AND ASSESSED VALUATION. MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. IN ADDITION, A FIXED CHARGE OF $20.00/YEAR PER LOT IS COLLECTED WITH TAXES FOR THE COACHELLA VALLEY COUNTY WATER DISTRICT AND REPRESENTS A CHARGE FOR THE AVAILABILITY OF WATER AND SEWER SERVICE; WHEN WATER AND SEWER SERVICE ARE CONNECTED, THE HOMEOWNER WILL BE BILLED DIRECTLY BY THE DISTRICT AND THE CHARGE WILL NOT APPEAR ON SUBSEQUENT TAX BILLS. CONDITIONS OF SALE:. If your purchase involves financing, a form of deed of trust and note wil be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property, the lender, may. declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. -4- of 5 pages FILE NO. 36111 (Preliminary) A late charge. This means that if you are late in making your monthly loan 'payment, you may have to pay an additional amount as a penalty. RESERVATION MONEY HANDLING: If you reserve a lot, the subdivider must place all funds received from you in a neutral escrow at the Bank of America National Trust and Savings Association, 73-833 Highway III , Palm Desert, California. FILLED GROUND: Some lots will contain filled ground varying to a maximum depth of 7 feet. These soils are to be properly compacted for the intended use under the . supervision of a state-licensed engineer. WATER: The subdivider advises that lot purchasers will be subject to a charge of $75.00 for the 'installation of a water meter. FIRE PROTECTION: Fire protection will be furnished by Riverside County Department of Fire Protection, in cooperation with the California Division of Forestry reports that: Initial response into subject tract would call for three engines and 2 squads. Two engines and one squad from Station 33, Palm Desert and 1 engine and 1 squad from Station 31 , Bermuda Dunes. The public water system in the tract is adequate for fire protection purposes. SEWAGE DISPOSAL: The subdivider advises that there is .presently a sewer service charge of $5.00 per lot per month. STREETS AND ROADS: , The streets within this subdivision are private.. All repair and maintenance of the private streets will be the responsibility of the Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not available. SCHOOLS: Students will be served by the Desert Sands Unified School District. The schools of attendance, locations and distances from the project are as follows: Washington Elementary School (K-2) , 45768 Portola, Palm Desert, 2-1/8th miles; Lincoln Elementary School (3-5) , 74100 Rutledge, Palm Desert, 3-1/2 miles; Palm Desert Middle School (6-8) , 74100 Rutledge, Palm Desert, 3-1/2 miles; Indio High School (9-12) , 81750 Avenue 46, Indio, 11 miles. Free bus transportation is available to all the aforesaid schools. NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities and bus service. SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project in Palm Desert. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at 107 South Broadway, Room 8136, Los Angeles, CA 90012. . Bi/am -5- and last FILE NO. 36111 . (Prel.iminary) 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 March 11 , 1977 RECEIVED MA,R 1 19 7 ENVIRONMENTAL SERVICES CITY OF. PALM DESERT To Whom It May Concern: Please be advised that building permit number B 357 issued on October 14, 1976 given the address of 73-315 Phoebe Court has been changed to 73-315 Boxthorn Lane. Our plot plan has been changed to reflect the entrance of the above mentioned property will be from Boxthorn instead of Phoebe, but will still have the same numbers that were originally assigned. Please change your records to indicate this change. Ve truly yours, _ ames L. Hill irector of Building & Safety JLH:dja SILVER :SPUR ASSOCIATES P.O. Box 1727 RECF-fVED 'Palm Desert,California 92260 MAY 1974 f Telephone: 714/346-5579 PALM DESERT.CITY HALL' April 30, 1974 City of Palm Desert Planning Commission 73-021 E1 Paseo Palm Desert, CA 92260 Re: Tract 5554 Gentlemen: In accordance ,with Item 8 of the Conditions of Approval dated March 11 , 1974 of Tract 5554, we submit the following: 1. Copy of the Grant Deed conveying the title to the 1 respective lots in said tract: 2. Copy of Articles of Incorporation of Ironwood Owners Association` III . 3. Copy of By-Laws of Ironwood Owners Association III . 4. Copy of Declaration of Covenants , Conditions and Restrictions to be recorded. 5 . Copy of Master Declaration of Covenants , Conditions and Restrictions recorded January 10 , 197-4 as .Document Number 3849. 6. Copy of Maintenance Contract between Ironwood Owners Association III .and Ironwood Property Management Company. Your prompt reply to the approval of these documents will be appreciated. Sincerely, R LVE R SPUR ASSOCIATES at'ep Gerald. Aer er GAM:kh Encl. 4 t Recording requested by and when recorded mail to: o �� LU O) Agnew, Miller & Carlson °C 606 South Hill Street o O �i ' INDEXED .00 {„D Ninth Floor U. Los Angeles, California 90014 Attention_: Jerold L. Miles, Esq. > 01 au - m i r MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR IRONWOOD COUNTRY CLUB Palm Desort, California November 27 , 1973 f .12573 TABLE OF CONTENTS PAGE RECITALS: 1 ARTICLE I. DEFINITION OF TERMS . 1.01 Area 2 1.02 Articles of Incorporation 2 1.03 Association 2 1.04 Board 3 1.05 By-Laws 3 1.06 Declarant 3 1. 07 Declaration 3 1006 irr,nwood Country Club 3 1.09 Manager 3 i.iu Mortgagee 3 1.11 Improvements 4 1.12 Owner 4 1.13 Plan of Development 4 1.14 Residential Unit 4 1.15 Tract 4 ARTICLE II. THE ASSOCIATION 2.01 Formation of the Association 5 2. 02 Membership 5 2.03 Voting Rights ,6 2.04 Revision of Voting Structure 7 2.05 Co-tenancy 8 2.06 Meetings of the Association 8 2. 07 Authority of the Board 8 i. t � 12573 PAGE ARTICLE III. DUTIES OF THE ASSOCIATION 3.01 Private Streets 11 3. 02 Security Facilities 11 " 3.03 The Portola Meridian 11 3A4 Security Services 12 ARTICLE VI. ASSESSMENTS 4001- Monthly Maintenance Assessments 12 4.02 . Spacial Assessments 14 4.03 Accounting 14 4.04 Creation of Lien 15 '4005 En .orcement of Lien 15 4: C6 ::.:fiver of Homestead Exemption 16 4.07 Sale of Real Property 1_7 �4.08 Homeowners ' Associations 17 ARTICLE V. CONDEMNATION . r 5.01 18 ARTICLE VI. PROTECTION OF LLNDERS 6. 01 Mortgage Protection Clause 18 6. 02 Amendments 19 6.03 Lender's Voting Rights 19 6..04 Meetings 19 " ii. s 4 12573 PAGE ARTICLE VII . TERM - AMENDMENTS 7. 01 Term 19 7.0.2 Amendments 20 ARTICLE VIII. MISCELLANEOUS . 8. 01 Notices 21 8.02 Interpretive Provisions 21 iii. 8e 773 MASTER DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR IRONWOOD COUNTRY CLUB THIS DECLARATION is made as of the Z 7,� day of 1973, by SILVER SPUR ASSOCIATES ( "Declarant") , a general partnership composed of H V MANAGEMENT CORPORA- TION, a California corporation, and CAIRNTRUST COMPANY, a Delaware corporation. RECITALS A. Declarant is-.the owner of certain real property (the "Real Property") located in the County of Riverside, State of California, described in Exhibit A attached hereto and by this reference incorporated herein. B. It is the desire and intention of Declarant to sell and convey the Real Property and to 'impose on it mutual, beneficial covenants under a general plan of im- provement for the benefit of the Real Property, the improve- ments and structures thereon, and future owners thereof. NOW, THEREFORE, Declarant hereby declares that all of the Real Property is held and shall be held, con- veyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the covenants , conditions and restrictions set forth in this Declaration, all of , 773 which are declared and agreed to be in furtherance of a 0) plan for the development, improvement and sale of the Real TV Property and of enhancing and perfecting the value, desir- ability and attractiveness of the Real Property and every part thereof. All of the covenants , conditions and restric- tions set forth in this Declaration shall run with the Real Property and each part thereof. and shall be binding on all parties having or acquiring any right ,. title or interest in the Real Property, or any part thereof, and shall be for the benefit of each Owner of any portion of the Real Property, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of. the Owners thereof. ARTICLE I . DEFINITION OF TERMS 1.01 Area: Any of Areas D, E, H, J, K, L, P and Q as shown on a map designated as Exhibit A on file with the Board of Supervisors of Riverside County as part of Condi- tional Use Case ##1382 described in Section 1 .08 hereof. 1.02 Articles of Incorporation: Articles of Incorporation of IRONWOOD MASTER MAINTENANCE ASSOCIATION, a nonprofit California corporation, as the same may be amended from time to time . 1.03 Association: IRONWOOD MASTER MAINTENANCE ASSOCIATION, a nonprofit California corporation. 2 . �j 1 .014 Board: The duly elected Board of Directors 00 of the Association. ;7 ` 1 .05 By-Laws : The duly adopted By-laws of the Association, as the same may be amended from time to time . 1 .06 Declarant: Silver Spur Associates, its successors and assigns . 1.07 Declaration: This Declaration as amended, changed or modified from time to time . 1.08 Ironwood Country Club: The Real Property . and the Improvements now or hereafter constructed thereon together with certain property adjacent thereto which has been leased. by Declarant for Golf Course purposes, all of which property Declarant- is developing as an integrated country club development . Said development is further described in Riverside County Conditional Use Case #1382 and Variance Case #1175, decided on May 2, 1972, which cases are referred to in Book 86, Page 160 of Supervisors Minutes of the County of Riverside . 1 .09 Manager: The managing agent, if any, whether individual or' corporate, retained by Declarant, or by the Association and charged .with the administration of the Association. 1 .10 Mortgagee: The beneficiary of a recorded deed of trust or the mortgagee under a mortgage encumbering 3 . 82773 any part of the Real Property or the Improvements constructed z thereon. 1.11 Improvements: All structures and construc-- tion of any kind, whether above or below the land surface, including but not .limited to, buildings , outbuildings, utility lines , parking facilities and any other structures of any type or kind. . , 1.12 Owner: The record owner, or owners if more than one, including 'Declarant, of any portion of or interest in the Real Property. 1.13 Plan of Development . The plan for develop- ment of the Ironwood Country Club more particularly described in Conditional Use Case #1382 mentioned in Section 1 .08 hereof, as such plan may be amended from time to time with the consent of the Board of Supervisors of Riverside County.. 1.14 Residential Unit: Any single family resi- dential unit now or hereafter constructed on the Real Prop- erty. 1.15 Tract: Any portion of the Real Property shown on a tract map heretofore or hereafter recorded in Riverside County. 4 . h 82773 ARTICLE II . X THE ASSOCIATION 2.01 Formation of the Association. Within 90 days fromthe date hereof, but in any case prior to the recordation of the first conveyance of a Residential Unit . within the Ironwood Country Club , Declarant shall cause the formation of the Association as a California nonprofit corporation. The Articles and By-laws of the Association shall authorize the Association to exercise all of the powers granted to the Association hereunder and shall im- pose upon the Association all of the duties delegated to the Association hereunder. 2 .02 Membership . Every Owner shall be a member of the Association. Status as an Owner is the sole quali- fication for membership, such membership being deemed an incident of ownership 'of a portion of or interest in the, Real Property . However, not more than three Owners- of any ,jointly owned Residential Unit may be issued membership in the Association. For purposes of this Declaration, a husband and wife who jointly own an interest in a Resi- dential Unit shall be deemed to be a single Owner. An individual 's membership ,in the Association shall commence as of the date that he receives title to a Residential Unit or other interest in the RealfProperty and shall ter- minate upon the date of termination of his ownership of an interest in the Real Property. No Owner may transfer his membership in the Association separate from a conveyance of his interest in the Real Property.. 5. 91073 2 .03 Voting Rights . The Plan of Development . provides that Declarant may construct up to 1,801 Resi- dential Units on the Real Property . The Phan of Develop- ment also permits Declarant to construct certain golf , course and clubhouse facilities ( "Golf Facilities") and certain tennis court and clubhouse facilities ( "Tennis Facilities"). on the Ironwood Country Club . It is Declarant 's intention that the expenses of providing the `services imposed upon the Association pursuant to this Declaration shall be allocated amongithe Owners of the Residential Units and the Golf and Tennis Facilities equitably . De- clarant has determined that 10% of such expenses should be allocated to the Golf! Facilities , 10% should be allo- cated to the Tennis Facilities and 80% should be allocated among the Residential Units and , subject to the provisions of Section 4 .01 hereof, until all of the Residential Units have been constructed, upon the unimproved portions of the Real Property . Correspondingly, Declarant has determined that the voting rights of, the Association should be allo- cated in the same manner as the expenses of the Association. Thus , 10% of the voting rights should be vested in the Owner of .the Golf Facilities , 10% should be vested in the Owner of the Tennis Facilities and the remainder should be vested in the Owners of the Residential Units and the unimproved Real Property . Based upon the foregoing and .. subject to adjustment in the manner set forth in Section 2 .04 herein, Declarant hereby declares that there shall be a total of 2 ,251 .votes allocated to the Owners of the Real Property as members of the Association. Said votes shall be allocated as follows : 6 . 91073 ao a. 225 votes shall: be allocated to the- Owner of the Golf Facilities ; b . 225 votes , shall be allocated to the Owner of the Tennis Facilities; c . One vote shall be. allocated to each Owner of a Residential Unit ; d. the -remaining votes shall be allocated to the Owner of any unimproved portion of the Real Property upon which Residential Units may be con- structed pursuant to the ,Plan of Development , the number of such votes allocated to each such Owner to be equal to the number of Residential Units which could be constructed on such unimproved property pur- suant to the Plan of. Development . 2 .04 Revision of Voting Structure . If, after Tract Maps have been recorded covering substantially all portions of the Real Property upon which Residential Units may be constructed pursuant- to the Plan of Development it shall be determined that , ,because of changed circumstances the number of Residential Units actually constructed upon the Real Property is more 'or less than 1 ,801, the total number of Association votes shall be appropriately adjusted, such adjustment to be consistent , however, with the general plan that 10% of all votes shall be allocated to the Owner of the Golf Facilities , 10% shall be allocated to the Owner of the Tennis Facilities and the remainder shall be allocated to the .Owners of the Residential Units . ,7 . 8z773 2.05 Co-tenancy . In the event a Resident. Unit is owned by two or more persons , whether by joint tenancy, tenancy in common, or otherwise, the vote for such Residential Unit. shall be exercised as the Owners thereof determine, but the vote attributable to such Resi- dential Unit shall be ` cast by .only one of the Owners of such Residential Unit who shall be designated by the sev- eral Owners of -such Residential Unit . In the absence of such a designation by such Owners and until such designa- tion is made, the Board shall make such designation. 2 .06 Meetings of the Association . An organiza- tional meeting of the Association shall be held at a time and place in the County of Riverside to be determined by Declarant no later than six months from the date of recorda- tion of the first conveyance of a Residential Unit . Notice of the time and place of such organizational meeting shall be specified in writing and given to each Owner by Declar- ant at least 10 days and not more than 60 days prior to the date of said meeting. Thereafter, meetings of the Association shall be held as provided in Article VI of the 'By-laws . 2 .07 Authority of the Board. Subject to the provisions of this Declaration, the Articles of Incorpo- ration and the By-laws , the Board shall have the authority to conduct all business ' affairs relating to the Real Prop- erty of common interest to all Owners . The powers of the Board shall include, but not be limited to, the following: 8 . 82773 (a) To levy and collect the maintenance charges and special assessments .in the manner set forth in Article IV hereof and to make or authorize the ex- A penditures therefrom as hereinafter described. . (b) To contract for, and pay for the cost of providing all services and maintenance functions imposed on the Association pursuant to Article III of this Declaration, out of funds collected by the Board.' (c) To contract for the services of a Manager to the extent deemed advisable by the .Board, as well. as such other personnel as the Board shall require in its discretion for the administration of this Declara- tion and for the performance of any or all of the obligations imposed upon the Association or the Board pursuant to this Declaration or the Articles of Incor- poration or the By-Laws . No such contract with a Manager shall be for a term in excess of one year except with approval of a majority vote of the Owners voting at any Association meeting. (d) To delegate any of the powers or duties imposed upon it herein to such committees , officers or employees as the Board shall deem appropriate . (e) To secure a fidelity bond naming the Manager, and such other persons as may be desig- nated by the Board, as principals and the Associa- 9 t 1. 82773 tion as obligee . For the period from the date of G� the organizational meeting to the end of the calen-- dar year in which said meeting shall occur, such bond shall be in an amount equal to at least 10% of the estimated cash requirement for that period as determined hereunder. Each calendar year thereafter, such bond in an amount equal to at least 10% of the total sum collected by the Association during the preceding calendar year. (f) To purchase or hire any other .materials, supplies, furniture, labor, services , maintenance, repairs , structural alterations or insurance or to pay any other assessments which the Association is required to secure or pay for pursuant to the terms of this Declaration, the By-laws or the Articles of Incorporation, or, by law or which in the discretion of the Board shall be necessary or proper in order to carry out its obligations hereunder. However, if any such materials , supplies , furniture, labor, ser- vices, maintenance, repairs , structural alterations , insurance, taxes or assessments are provided for or attributable to. a .specific Residential Unit , the cost thereof shall be specially assessed to the Owner of such Residential Unit . (g) To take such other action and incur such other obligations , whether or not herein expressly specified, as shall be reasonably necessary to per- form the Association's obligations hereunder. 10 . i 1974 v. ARTICLE, III. Z { c'7 DUTIES OF THE ASSOCIATION 3. 01. Private Streets. Within. 90 days after the recordation of ,a Tract Map covering any portion of the Real Property upon which private streets or private drives are shown, but in any case prior to the recordation of the first conveyance of a Residential Unit within such Tract; Declarant shall convey a nonexclusive easement in . perpetuity, lien free, over such private streets or drives for road and utility purposes to the Association for the benefit of . each Owner. Thereafter, the Association shall, subject to the provisions of Article IV hereof, be respon- sible for the maintenance and repair of such private streets or drives. 3. 02 Security Facilities. Declarant intends to construct security gates and related facilities at the entrance to the Ironwood Country Club at Mariposa and Iron Tree Drives. The cost of such construction shall be borne by Declarant. At such time as such facilities are con- structed, Declarant shall lease such facilities to the Association for a term of 30 years at a rental of $1 per year. Thereafter the Association shall be responsible for the maintenance, repair and operation of such facilities. 3. 03 The Portola Meridian. By agreement with . the County of Riverside, California, Declarant has agreed to maintain the meridian of Portola Avenue. The obligation for such maintenance shall be borne 'by the- Association, but only as to that portion of Portola Avenue abutted by the Real Property. . 11. t 8277.3 t�+ CID c� 3 .04 Security Services . In addition to the duties imposed upon the Association pursuant to Sections 3 .01, 3 .02 and 3.03 hereof, the Association shall be autho- rized to retain and employ private guard and patrol ser- vices and such other security services and facilities as the' Board shall determine to be in the best interests of the Association and its members . ARTICLE IV. ASSESSMENTS 4 .01 Monthly Maintenance Assessments . The cost of providing the services and maintenance duties imposed upon the Association pursuant to this Declaration shall be assessed proportionately against all Owners . Each Owner, by the acceptance of a conveyance of a Residential Unit or other ownership interest in the Real Property, shall be obligated to pay his share of such costs . Until the first organizational meeting of the Association is held, Declarant shall have full authority to establish and determine the amount of such monthly maintenance charge, such determination to be based upon Declarant 's best bona fide estimate of the cost of providing such services . After the organizational meeting of the Association, the monthly maintenance charge will be determined by the Association. At least 30 days prior to the commencement of each calendar year, the Board shall prepare and submit to the Association a budget of the estimated costs and expenses to be incurred by the Associa- tion during such calendar year in performing its functions hereunder (including a reasonable allowance for overhead and 12 . 91073 v� delinquent accounts) . Said budget shall be subject to the approval of the Association . When such budget has been approved, the Board shall determine the monthly maintenance charge to. be assessed to the Owners for the coming year. The monthly maintenance charge shall be payable by each Owner in advance on the first day of each month, commencing on the first day of the month following the recording of title to such Owner, or the granting of possession thereof to him, whichever event shall first occur. All costs , except the cost of maintaining those private streets other than ,Iron Tree and Mariposa Drives , shall be assessed pro rata against each Owner based upon the number of votes allocated to such Owner pursuant to Section 2 .03 and 2 .04 hereof. However, because it is acknowledged that the Owners of improved lots upon which condominium units are constructed receive a disproportionately high benefit from the use of the streets , drives and other services of the Association, the maximum assessment for the foregoing costs payable by the Owners of such improved lots and by the Owners of the Golf and Tennis facilities shall be a minimum of '$10 per month per voting unit , until three years from the date of recordation of this Declaration. The balance of said costs during said three-year period shall be allocated among the .Owners of the unimproved. portions of the Real Property . The cost of main- taining private streets and drives other than Iron Tree and Mariposa Drives shall be assessed against the Owners of the Residential Units or other portions of the Real Property com- prising a Tract or ,Area, within which Tract or Area such private streets are located. Should the Association fail to approve a budget and set the amount of monthly maintenance charges prior to the commencement of any calendar year, the Board shall continue to levy and collect monthly maintenance 13 . rt `' 91073 assessments at the level of the previous calendar year, plus an increase of not more than 10% , until the Association shall adopt a current budget. 4 .02 Special Assessments. In addition to the monthly maintenance charge to be assessed against each Owner pursuant, to Section 4 .01, the Board may , from time to time , levy and collect special assessments to cover extra- ordinary charges or expenses not anticipated by the annual budget approved by the Association. Unless approved by a majority vote of the Owners in attendance in person or by proxy at an Association meeting, the aggregate of all special assess- ments levied in any calendar year shall not exceed $1 ,000 . 4 .03 Accounting. All funds collected by the Association shall be promptly deposited in a commercial bank account and/or in a savings and loan account in an institution to be selected by the Board, or, prior to its election , by Declarant . Said account shall be designated "Ironwood Master Maintenance Association, Maintenance Fund Account . " No withdrawals shall be made from said account . except to pay the obligations of the Association . Not later than 90 days after the end of each calendar year the Board shall distribute to each Owner an operating statement reflecting the income and expenditures of the Association .for the previous calendar year. The Board .shall maintain complete and accurate books and records of its income and expenses , in accordance with generally accepted accounting principles , consistently applied and shall file such tax returns and other reports as shall be required by any gov- ernmental entity . The books. and. records shall be kept at , the office .of the Association and shall be open for inspec- tion by any Owner at any time during normal business hours . 14 . J `• 91073 4 .04 Creation of Lien . The monthly maintenance charge together with any special assessments which each Owner is obligated to pay shall be a debt of such Owner to the Association on the date when each installment thereof becomes due . In the event of the default by any Owner in the payment of any installment of maintenance charges or special assessments , such amount , together with interest thereon at the rate of 10% per annum, and together with all costs which, may be incurred by the Association in the collection of such amount , together with reasonable at- torneys ' fees , shall be and become a lien upon the inter- est of the defaulting Owner in the Real Property upon the execution by the Association and the recording in the . Riverside County Recorder's Office of a Notice of Assess- ment , setting forth the name of the defaulting Owner, the amount of the delinquency and the legal description of his interest in the Real Property . Subject to the provisions of Article II hereof, such lien shall be deemed prior to any or all other liens hereafter encumbering the subject interest regardless of the date of recordation of the assess- ment - lien or such other liens , except (i) the lien for real property taxes and assessments , or (ii) the lien of a first deed of trust or purchase money second deed of trust on the Real Property interest of the defaulting Owner. The Notice of Assessment shall not be filed for record unless and until the Association shall have delivered to said defaulting Owner, not less than ,15 days prior to the recordation of .such Notice of Assessment , a written notice of default and a demand .upon. the defaulting Owner to cure such default within said 15 days , and the failure of the defaulting Owner to comply . 4 .05 Enforcement of Lien. Not less than 10 days , nor more than 180 days from the filing of any Notice of 15 . 82773 Qj Assessment , the Association shall file for record a Notice of Default, and thereafter may cause the interest of said defaulting Owner to be sold in the same manner as a sale under the power of sale contained in mortgages and deeds of trust as provided by the Civil Code of the State of Califor- nia, Sections 2924 through 2924h or through judicial fore- closure . The sale of said interest must be held, or legal action to enforce a lien must be instituted, within one year from the recording of the Notice of Default, or said lien shall be deemed void and of no effect . If, in fact, any such sale is held, Declarant or any Owner may purchase thereat . If any legal action is filed to enforce the pro- visions of this Article, any judgment rendered against the defaulting Owner shall include all costs and expenses of , such action, and all costs and expenses of perfecting said lien and of said sale, plus reasonable attorney 's fees in- curred in prosecuting said action. If any such lien is cured prior to sale or prior to ,judgment of ,judicial ' fore- closure,othe Association shall cause to be recorded a cer-. tificate setting forth the satisfaction of such claim and release of such lien, upon payment of actual expenses in- curred and a reasonable attorney's fee, by such defaulting .Owner. 4 .06 Waiver of Homestead Exemption . Each Owner does hereby waive, to the extent of any liens created, pur- suant to this Article, the benefit of any homestead or ex- emption laws of the State of California in effect at the time any assessments levied pursuant .to this Section become due or a lien therefor is imposed. 16 . 12573 4.07 Sale of Real Property. Any Owner who sells 00 his Real Property interest in good faith and for value shall be relieved: of the obligation to pay the maintenance charges attributable. to his interest as of the date of recordation of the. deed to such interest to his purchaser. Such obligation, together with any past due or delinquent obligations, shall thereupon pass to said purchaser and if not paid shall become a lien on such purchaser' s interest in the same manner as a real property tax lien. 4.08 Homeowners' Associations. It is anticipated by Declarant that one or more nonprofit homeowners' , associa- tions .shall 1�e formed to provide certain maintenance functions for Owners of Residential Units within one or more Tracts. If the Articles of Incorporation, By-laws or Declaration governing the operation of such homeowners' association so provides, the AQskr)Oi at.l(1n .May aS-_A=gS association for--theL share of the expenses . of the Association attributable to the members of such homeowners ' association. In such event the several Owners who .are members of such homeowners' association shall be indirectly liable to the Association for their pro- portionate share of such assessment and the lien described in Section 4.04 hereof may be ,enforced against .such Owners for such proportionate share only if the homeowners' association of which such Owners are members has not paid its share of the Association assessment within 60 days after such amount has been billed to it and then only against such Owners of such home- owners' association who have not paid their individual prorata share .of such assessment. Thus, no owner who has paid his own assessment shall be liable for the nonpayment by another Owner. �. 17. r . 82773 a� GO ARTICLE V. CONDEMNATION 5 .01 In the event that an action for. condem- nation is proposed or commenced by any governmental body having the right of eminent domain for the condemnation of all or any part of the Private Streets or other prop- erty interests owned by the Association; no Owner shall be entitled to participate individually as a party in any proceedings relating to such condemnation, such right of . participation being herein reserved exclusively to the Association which .shall, in its name alone, represent the interests of all Owners . All proceeds from such action shall be retained by the Association to be placed in the Association's Maintenance Fund. ARTICLE VI . PROTECTION OF LENDERS 6 .01 Mortgage Protection Clause . No breach of the covenants or restrictions herein contained, nor the enforcement of any lien provided for herein, shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but all of said covenants and restrictions together with any pre- existing liens for maintenance assessments shall be binding upon and effective against any Owner whose title is derived through foreclosure or trustee 's sales , or through a deed given in lieu thereof. 18 . 82713- d+ 6 .02 Amendments . Subject to the provisions of Article VII hereof,, no amendment to this Declaration shall affect in any way the rights of the Beneficiary of any such trust deed or mortgagee of any such mortgage, unless said beneficiary or mortgagee shall either ,join in the. execution of such amendment, or approve the same in writing as a part of such amendment . 6 .0.3 Lender's Voting 'Rights . In the event of the default by any Owner in the payment of any promissory note or other obligation secured by a trust deed or mort- gage of his Real Property interest, upon recordation of a Notice of Default by the holder thereof, the right of such owner .to vote at any regular or special meeting ,of the Association held during such time as said default may con- '. tinue , shall automatically be vested in the holder of such note . Upon curing such default, the right of such Owner to vote shall thereupon revive . 6 .04 Meetings . Any lender with a secured interest in any portion of the Real Property may attend any meetings of the Association. ARTICLE VII . TERM - A14ENDMENTS 7 .01 Term: The covenants , conditions and restrictions contained herein shall run with the land and shall be binding on all parties and all persons claiming under them until 50 years from the date of recordation of 19 . 32773 �r this Declaration in the Official Records of Riverside County, after which time this Declaration shall be auto- matically extended for successive periods of 20 years un- less an instrument executed by 75% of the Owners shall be 'recorded at any time after the recordation of this Declaration, canceling and terminating this Declaration. Recording of amendments to this Declaration pursuant to Section 7.02 hereof shall not be construed to extend or alter the terms hereof unless said amendments specifically provide for the amendment of this Section. 7.02 Amendments . Except as set forth in Article VI, the Owners holding 75% of the total votes of the Association may at any time and upon 30 days ' notice, modify, amend, augment or delete any of the provisions of this Declaration except that any of the following amend- ments, to be effective, must be approved in writing by the record holders of all encumbrances on the Real Prop- erty at the time of such. amendment : (a) Any amendment which affects or purports to affect the validity or ,priority of encumbrances . (b) Any amendment which would necessitate a mortgagee after it has acquired a Real Property interest as set forth in Article VI to pay any portion of any unpaid assessment or assessments accruing prior to such foreclosure . 20 . l 82773 ARTICLE VIII . MISCELLANEOUS 8 .01 Notices . All notices and communications desired or required to be sent or delivered hereunder shall be in writing and may be served personally, or shall be mailed, by certified mail, return receipt requested, as follows : If to Declarant, to Silver Spur Associates, 73-941 Highway .111, Palm Desert, California 92260, or at such other address or addresses as Declarant may designate in writing; from time to time, by giving notice thereof to. all .Owners, and the Association, in writing. If to the Association, then to the secretary thereof at the office of the Association, or at such other address as may be designated in writing by the Board from time to time, and of which Declarant and the secretary of the Association are advised in writing. 8 .02 Interpretive Provisions . (a) As -used herein, the singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine or . neuter as the context may require. (b) The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the project for the mutual benefit of all Owners . (c) The provisions herein shall be deemed 21 . 82773 independent and severable, and the invalidity or partial invalidity .or unenforceability of any of the provisions hereof shall not affect the validity of the remaining provisions . (d) No waiver of any breach of any of the covenants or restrictions of this Declaration shall constitute. a waiver of any succeeding or preceding breach of the same , or any other covenant or restriction contained herein. (e) Each and all legal or equitable remedies provided for in this Declaration shall be deemed to be cumulative, whether so expressly provided or not . IN WITNESS WHEREOF, Declarant has executed this instrument as of the date first above written. SILVER SPUR ASSOCIATES, a General Partnership By�H V MANAGEMENT CORPORATION, a California, Corporation, Partner BY Robert M. Haynie,' Pre ent� BY onwayn Secretary By CAIRNTRUST COMPANY, a Delaware Corporation, Partner B Y / /,/� By C� / "Declarant" 22 . 82773 APPROVAL OF TRUST DEED BENEFICIARY pj BANK OF AMERICA NATIONAL TRUST AND SAVINGS (Z ASSOCIATION, a national banking association, being the beneficiary in a Deed of Trust recorded July 10, 1973, as Instrument No. 89904 , Official Records of Riverside County, California, in which deed of trust Silver Spur Associates , a general partnership is named as Trustor, does hereby approve the foregoing Declaration of Cove- nants , Conditions and Restrictions, and does hereby subject the lien of said deed of trust to the provisions of said Declaration, except as otherwise expressly pro- vided therein, in the same manner as if the recording of said Declaration had occurred prior to the recording of said Deed of Trust . Date _,g4 BANK OF AMERICA NATIONAL TRUST AND SAVI S AS OCIATION By By 23. IRO11400D COUNTRY CTIU13 All of the fol]o.1r7 dr,!;crihed portion of !',-ctions 31 nnri 32, Township 5 South, Panr,c 6 Fart, San Bernardino Base and '?eridi"an lyinr, Southerly of the followinP described line: Beginning at the intersection of the I-lest line of that certain 60 foot road easement conveyed by deed recorded "ay 25, 1962, as Instrument No. 48908 and the South line of Lot "A" of Tract 4685, as shown by man on .file in Book 78 pages 33, 34 and 35 of 'taps, Riverside County Records ; said point beir.; on a 1050 foot radius curve concave to the "orthwest, from which the center thereof bears North 550 48' 54" West; thence Southwesterly on said curve and on the South line of Lot "A", throu.rh a central angle of 550 50' 4411, 1023.42 feet ; thence along said South line of Lot "A" the follor:ing courses and distances: North 800 58' 10" West 60.74 feet; South 561. 43' 12" West, 41.88 feet; North 890 58' 10" West 76.00 feet; `forth 560 39' 32" hest, 41. 88 feet to the Southi•:est corner of said Lot "A" ; thence "forth 890 58' 10" West on the North line of Lot "B" of Tract 4685 and the Westerly prolongation thereof 454. 32 feet to the beginning; of a 29530 foot radius tangent curve concave to the Southeast; thence Southwesterly on said curve through a central angle of 400 45' 27" 2098.49 feet; thence 'forth 496 16' 23" West, 433.68 feet to the beginning of a 1550 foot radius tangent curve concave to the 'Northwest; thence Southwesterly on said curve through a central angle of 410 07' 12", 1112.40 feet, more or less, to a point 50 feet South of the North line of the South half of Section 31, Township 5 South, Range 6 East, San T_'ernardino Base and Meridian and 585.28 feet West of the East line of the South half of said Section 31. (a) That portion of the South half o" Section 32, Township 5 South, Range 6 East, San Bernardino base and Meridian, described as follows: Beginning at the Northwest corner of the Southeast quarter of said Section; thence South 89' 55' 5?' East on the North line of said Southeast quarter 789.53 feet to the Northwest corner of that certain parcel conveyed to Coachella Valley County Water District by Deed recorded May 25, 1962 as Instrument No. 48847; thence South 011 23' 08" East 550 feet to the Southerly corner of that certain parcel conveyed to Coachella Valley County Water District above referred to; thence South ,280 17' 06" West (of record South 280 14' 40" West), 1,598 feet to the West line of the 'Southeast quarter of said Section, said point being on the Northerly line of that certain parcel conveyed to Coachella Valley County Water District by Deed recorded April 26, 1956 as. Instrument No. 29692; thence North 600 53' 11" West, on said Northerly line 622.O1 feet; thence North 010 23' 08" West 1,657.50 feet to the North line of the Southwest quarter of said Section; thence South 890 55' 53" East on said North line 538.47 feet to the point of beginning. (b) That •portion of the North half of the Southeast quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and ;Meridian, -described as follows: Beginning at the Northeast corner of the Northwest quarter of the Southeast quarter of Section 32; thence South 890 58' 25" East on the North line of said Southeast quarter 66.02 feet; thence South O1° 19' 13" East parallel with and 66 feet from the East line of the Northwest quarter of said Southeast quarter 1,336.65 feet; thence North 89' 54' 29" West 66.02 feet to the Southeast corner of said Northwest quarter of said Southeast quarter; thence continuing North 890 54' 29" West on the South line of said Northwest quarter 985.42 feet; thence tlorth 280 111' 40" East 891.23 feet; thence North O1° 20' 110" West 550 feet to the North line of said Southeast quarter; thence South 890 58' 25" East on said North line_ 545.76 feet to the point of beginning. EXHIBIT A (c) That portion of the South half of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northwest corner of the Southwest quarter of said Section; thence South 890 55' 53" East on the North line of said Southwest quarter 1601.92 feet, to the true point of beginning, said point being the Northeast corner of that certain parcel conveyed to Don Graham et al by Deed recorded ?-Tay 6, 1958 as Instrument No. 32737; thence South 890 55' 53" Fast on the North line of said South- west quarter 1066.48. feet to the Northeast corner of said Southwest puarter; thence South 890 '55' 53" Fast on the "forth line of the Southeast quarter of said Section, 231.65 feet; thence South 01° 24' 16" East parallel with the ;~Test line of the Southeast quarter of said Section, 1534.63 feet to the Southeasterly line of Parcel 3 in that certain Deed from Maebelle G. Sapp to Panorama Builders , Inc. , recorded October 13, 1956 as Instrument No. 68161; thence South 28° 14' 40" West 467.43 feet to the West line of .said Southeast quarter of said Section, said point being on the North line of that certain parcel conveyed to the Coachella Valley County I-later District by Deed recorded April 26, 1956 as Instrument No. 29692; thence Northwesterly along said right of way North 600 53' 11" West 721. 33 feet; thence along a tangent curve concave to the .South, having a central angle of 31' 57' 15" and a radius of 825 feet, an arc distance of 460.11 feet, to the Southeast corner of the said parcel conveyed to Don Graham et al; thence North O1' 37' 10" West on the East line of said Parcel, 1494.76 feet, to the true point of beginning. EXCEPTING that portion included withir, the following described parcel: Beginning at the Northwest corner of. the Southeast quarter of said Section; thence South. 89° 55' 53" East, on the north line of said South- east quarter 789.53 feet to the Ilorth,:est corner of that certain- parcel ccnveyed to Coachella Valley; County Water District by Deed recorded Ilay 25, 1962 as Instrument No. 48847; thence South 01" 21' 08" East 550 feet to the Southerly corner of that certain parcel conveyed to Coachella Valley County Water District above referred to; thence South 280 17' 06" West, (of record South 280 141 40" West) 1598 feet to the blest line of the Southeast quarter of said Section, on the Northerly line of that certain parcel conveyed to Coachella Valley . County plater District by Deed recorded April 26, 1956 as Instrument No. 29692; thence North 600 53' 11" West on said Northerly line 622.01 feet; thence North 01° 23' 08" West 1657.50 feet to the North line of the Southwest quarter of said Section; thence South 890 55' 53" East on said North line 538.47 feet to the point of beginning. (d) That portion of the Southwest quarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northwest corner of said Southwest quarter; thence South 890 55' 53" Fast on the North line of said Southwest quarter 325 feet, to the true point of beginning; thence South 010 37' 11" East 330.18 feet; thence South 890 52, 45" Fast 325 feet; thence South 01' 371 10" East 1302.58 feet to the North line of that certain parcel conveyed to the Coachella Valley County Water District by Deed recorded April 26, 1956 as Instrument No. 29692; thence Easterly on a. curve concave to the North with a. radius of 575 feet, through an angle of 240 47' 53" an arc length of 248.86 feet; thence North 780 301 51" Fast 590. 35 feet; thence Easterly -on a curve concave to the Southeast, having a radius of 825 feet , through an ankle of 8° 37' 13", an arc distance of 124..12 feet; thence North 01° 371 10" West 1494.76 feet to the North line of the Southwest quarter of said Section; thence "forth 890 55' 53" West on the North line of said Southwest quarter 1276.92 feet, to the true point of beginning. EXCEPTING all water, water rights and all oil, gas , oil shale, coal, minerals and other hydrocarbon substances belotr a depth of 100 feet, and without right of surface entry, as reserved in Declaration executed by Panorama Builders, Inc. , on October 3, 1956 as Instrument No. 68463. TV ;7 (e) The Southeast quarter of the Southeast quarter of Section 31. Township 5 South, Range 6 Fast, San Bernardino Base and Meridian; EXCEPTI14G that portion conveyed to the Coachella Valley County Water District by deed recorded April 26, 1956 as Instrument No. 29692; ALSO EXCEPTING that portion lying Northeasterly of the Northeasterly line of said .portion conveyed to the Coachella Valley County. Water District. (f) That portion of the Southwest ouarter of Section 32, Township 5 South, Range 6 East, San Bernardino Base and Meridian lying Southerly of that certain parcel conveyed to the Coachella Valley County Water .District by deed recorded April 26, 1956 as Instrument No. 29692. (g) That r )rtion of the North half of Section 32, Township 5 South, Range . 6 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northeast corner of said Section; thence SJest on the North line of said Section, 1341.82 feet; thence South 11 14' 27" East 1189.76 feet to the true point of beginning; thence South 89' 52' West 2292.01 feet to a point on the Southeasterly line of Silver Spur Trail, as shown on Vap of Silver Sour Ranch Unit No. 2 on file in Book 33, Pages 2 ana 3 of Maps, Riverside County Records; thence South 49° 08' West on said Southeasterly line to the West line of the East half of the Northwest quarter of said Section; thence South on the West line of the Ear.' half of the Northwest quarter of said Section. to the Southwest corner of the East half of the Northwest quarter of said Section; tocnce East. on•the South line .of the Northwest quarter and the South '.ine of the "lortheast quarter to the Southeast corner of t`,e 33uthw�st quarter of the Northeast quarter of said Section; said point being South 11 14' 27" East from the true point of beginning; thence North 10 141 27" West, to the true point of beginnin l EXCEPTI14G the following described portion: Beginning at the Southeast corner of the West half of the Northeast quarter of said Section 32; thence South 890 55' 53" West on .the South line of the Northeast quarter , of said Section, 292.09 feet; thence North 15' 34' 30" East 1009. 44 feet, to a point on the East line of the West half of tha lortheast quarter of said Section 32; thence South 10 14' 27" East on said East line, 972.95 feet, more or less, .to the point of beginning. (h) That portion of the East half of the Northeast quarter of Section 32, Township 5 South, Range 6 East, San- Bernardino Base and Meridian described as follows Commencing at the Northeast corner of the ;•lortheast quarter of Section 32; thence Westerly on the North line of the Northeast quarter of said Section 32, South 890 52' blest 830. 36 feet to the true point of beginning; thence South 150 -34' 30" West 1766.95 feet to a point on the :Jest line of the Fast half of the Northeast quarter of said Section 32; thence North 01° 14' 27" West 1701.60 feet; thence North 890 52' East 511.27 feet to the true point of beginning; EXCEPTING therefrom that portion. lying Northerly of the ,following •described li.nc: . Commencing at the Northeast corner. of Section 32; thence South 890 52' hest 830.36 feet ; thence South 15° . 34, 30" West 1,235.36 feet to the point of beginning*; thence South 890 52' West to the IJest line of the Fast half of the Northeast quarter of said Section. (i) The Southwest quarter of the Northwest quarter of Section 32, Township 5 South, Ran1;e 6 F.ast, San Bernardino Base and Meridian; 82773 STATE OF CALIFORNIA ) ;j ) SS . COUNTY OF ) On before me, the undersigned, a Notary Public in and for said State, personally appeared Robert M. Haynie, � ', L'nown to me to be the President, and Donwayne Benedict known to me to be the Secretary of H V Manage,- ment Corporation, the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of Silver Spur Associates , the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that .such partnership executed the same . WITNESS my hand and official seal . unagtfmh�h�uuaran oral uueamnunrnwwaw� ()VIC?AC. SEAL BETFfE S. FOLLIN Notary Publ c' eu� ff0T9RYV0:BUC.GMFORNIA X COUNTY OF SAN MATEO = Bethe. S.•�c".n--Y^•itssf�rt Eitpit�Fafiroarf 1,is�s � Follin me�•t -.....-.-*nuuaauaaunuwww� 82773 STATE OF PENNSYLVANIA ) X ) SS . COUNTY OF PHILADELPHIA ) On I y / q 72, before me , the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President, and known to me to be the Secretary of Cairntrust Company, the corporation that executed the within . instrument and known to me to be the persons who exe- cuted the within instrument on behalf of said corporation, said corporation being known tome to be one of the part- ners of Silver Spur Associates, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same . WITNESS my hand and official seal . tfij� rY� Notary Public Ewa PA- oseORN NOWY Public,Philadi phis,Philadelphia Ca. 181 Commhsion Expires November 10,1975 82773 STATE OF CALIFORNIA ) S S ., COUNTY OF RIVERSIDE ) On fir,>� .� / 97� before me, the under- signed, a ' otary public in and for said State, personally appeared ,,_ ,� r��,-, ,,�� known to me to be the and known to me to be th& f of Bank of America National Trust and SaV ngs Association, the associa- tion that executed the within - instrument, known to me to be the persons who executed the within instrument on behalf of the association therein named, and acknowledged to me that such association executed the within instrument . WITNESS my hand and official seal . :.c;iAL SEAL iJl",RGARr.f R. RAYNOLDS oar ub c n an or sa d `' nu TARY PUM.Ic-CAL�FOPN�a State and ounty \\\, w1vf,'ummr.;,iur.Ex;ar.: 1, -,J977 (Seal) MAINTENANCE CONTRACT THIS AGREEMENT, made and entered into this day of 1.974, by and between IRONWOOD OWNERS ASSOCIATION III , a , California nonprofit corporation, (the "Association") and IRONWOOD PROPERTY MANAGEMENT COMPANY, a California corporation, (the '::Company") . RECITALS 1. The Association is, a nonprofit corporation .whose members are respective owners of individual lots and undivided .interests comprising Lots 1 through 80 inclusive of Tract No. 5554 , Riverside County, California of Ironwood Country Club (the "Development") . 2. The Company is competent in all phases of housing and landscape maintenance and the Association and the Company desire to contract for the furnishing of all phases of housing and landscape maintenance by the Company to the Association for the benefit of its member owners. AGREEMENT Now, therefore, inconsideration of the mutual agreements contained herein, . it is understood and agreed as follows : 1. Purpose. The Company agrees to provide a maintenance service to the Association which will. help (i) to insure the full and active use by the Association and its shareholders of the Association' s roads, common -area streets , sidewalks , parking facilities , pools , and grounds, and - (ii) to help hold deterioration to the lowest level possible consistent with good maintenance practices . 2. . Duties and Services of the Company. The Company agrees to provide the -following services : (a) Provide a competent manager who will direct work procedures and supervise personnel in connection with the Development; andmake available a competent horticulturist to meet with. the Association and its members upon the giving of. written request and notice. (b) Employ only clean, competent and efficient personnel to perform services, under this Agreement and insure the Association against loss or misapplication of its- funds being handled, collected p or disbursed . by or through the Company 's accounting and management personnel. (c) . Maintain all grounds within. the common area in a neat, orderly manner. as may be allowed by seasonal conditions prevailing, including without limitation, the maintenance fertilization, mowing and watering of lawns, trimming of edges and removal of excess cuttings throughout the year, lawns to be mowed and all edges trimmed once a week. Provide seed, fertilizer and labor once a year for ovcrplanting of appropriate grass if necessary by October 15 , -weathe.r . permitting (d) Promptly replace at no cost to -the Association any shrub, plant or tree that dies from neglect , or is destroyed by the Company' s personnel with -the exception of annual fl.o�rers that die at the end of the season . (e) Trim, spray, fertilize and water trees, shrubs and plants , excluding patios or personal plants provided, however, that the Company' s personnel shall assist member, of the Association upon request in arranging for such service, or provide such service for an additional cost agreed upon by the parties. .(_f) Provide and plant petunias or approved substitutes of substantial root growth, once a year, prior to October 15 , to provide adequate coverage When the plants Mature. The plant areas shall be conditioned each year prior -to planting. (g) Maintain sprinkler system to provide proper operation and coverage cleaning out, raising, lowering and replacing sprinklez heads as required. (h) Clean, chlorinate and maintain the chemical PH of swimming pools three times a week, maintaining pool temperature at a minimum of . 80 degrees ; and maintain pool areas in a neat, orderly manner. Provide collection service for. removal of via materials from all residences and common areas . (i). Maintain all grounds and walkways of the. Association in a clean and orderly appearance. (j) Provide insect and rodent control as needed on the outside of buildings , using .proper and accepted methods and materials . (k) Main-Lain a 24-hour telephone service each day -throughout the year as an emergency service to members of the Association; and upon request, call. all necessary outside contractors for emergency service needed for a members unit including, but not limited to broken or plugged water lines and drains, malfunctioning furnaces and air conditioners , hot ,rater tanks and built--in electrical appliances , such charges for emergency services by outside contractors to be paid completely by the individual Association member and billed directly .to s r uch meLbe. 3 . Obligations of the Association. The members of the Assoc- iation agrees to pay the Company in advance at its principal office on or before the tenth day of each month the compensation due hereunder. Complonsation due and payable . hereunder shall be .$120 .00 per month for each individual unit, which is broken down as follows : $ per month maintenance charge which includes pool service, refuse service, utilities, landscaping service and insurance $10 . 00 per month for reserves $1.0 . QO per month for Aiaste.r P- ice, Assoc _at?on 'In the event Federal , State or L l oca taxes are increased during the term or -F-his Agreement, the Association agrees to permit such :increases to b^ added dollar for dollar to the amount payable- hereunder . 4 . Terra. The term of this Agreement shall be one (1_) year; provided, lzo�reve.r, this Agreement shall automatically be reneorcd upon . 2 the expiration of such term and continue in effect unless either party shall dive 60 days prior written notice of cancellation. 5 . Repairs. (a). The Company, at its own expense, shall provide all parts,, supplies, plants , fertilizer, equipment and labor essential to the fulfillment of its obligations hereunder. The . Company shall have no obligation to (i) repair and maintain the interior and/or contents of any individual unit; including without limitation roofs , private patios and exteriors of all such units; . (ii) to repair damage to walls and capital items , either on the interior or exterior of any individual units ; (iii) -to clean, repair, or replace stained floors , damaged carpets , or other floor coverings and walls due to any ,cause whatsoever; (iv) to examine motors , valves , plumbing, pipes and .fixtures connected with the pool or to pay for any parts , materials or installation charges connected with or relating to pool repairs such as plastering, acid wrashing o.r the repairing; (v) to pay the costs of parts and labor for major repairs to. -the sprinkler system, such major repairs to the sprinklers defined as re- placement of valves, solenoids , pumps and the installation of new piping laterals when needed to meet landscape changes ordered by .the Association or replacement of the clocks connected to the sprinkler system or to make repairs requiring the removal or the replacement of internal parts or (vi) to rebuild or replace any worn structural parts , or roof, .or mechanical appliances. (b) Upon the discovery by the Company of repairs which are not the obligation of the Company hereunder, the Company - agrees to notify promptly the Association .of such needed repairs and make recommendations forremedial_ action . The Company further agrees to perform the repairs set forth in Section 5 (a) (i) - (vi:) for the Association or its individual members , as the case may be, for reasonable additional costs agreed upon by the Company and the Association at the time when request for such repairs is made . 6 . . . Insurance and Taxes. The Company will provide the following Public liability insurance to $3 ,000 , 000 Property damage coverage up to $1, 000 , 000 Structural .fire and extended coverage insurance to be provided on each unit, but to exclude household and personal property. belonging to individuals Errors and Ommission coverage for_ the Homeowners Association Board of Trustees A fidelity bond on all employees `i:'he Company further agrees to make all necessary and .required . �ederal, State and "Local reports , records , and payments in connection with Social Security, 1,76rkmen' s Compensation Insurance and Workmen' s- Unemployment Insurance; and -the company will withhold from its payroll such amounts for insurance and taxes as may be req'uir_ed. - 3 7 . Recordkeeping. The Company agrees -to maintain accurate, current and orderly records of all transactions performed. hereunder. 8. Special Obligations and Rights . (a) The Company shall. have general discretionary power in the supervision of the maintenance of areas of -the Development covered hereunder. (b) During the months of June, July , August. and September, upon the receipt of written request, authorization and consent from a- shareholder of the Association, the Company agrees to enter the premises of such shareholder' s individual unit during the absence of such shareholder to cause all commodes to be flushed and brush-wiped, to run water into all sinks, bathtubs . and basins in order to ascertain the proper function of the drains at a cost of $5 . 00 per inspection. A r_eport .of- any malfunctions shall be provided by the Company to the shareholder promptly. (c) The Association agrees to assist .the Company, if necessary or requested by the Company , in collection and arbitration of statements rendered to individual members of the Association for services rendered by the Company. (d) The Association, upon giving of written notice in accordance with the provisions of Section 11 hereof, shall have the right to demand removal of any employee of the Company assigned to work on the Development if the Association makes a reasonable showing of objectionable behavior by such employee. 9 . PIaterial Breach. In the event -that the Company fails to- perform any material term, provision, or condition of -this Agreement for a period of ten days after receipt of written notification from the Association, the Association may arrange for the Company ' s obligation to be performed by a third party upon giving twenty-four (24) hours written notice to the Company and shall be entitled to . collect ..the costs for . performance of such obligations by a third party from the Company. 10 . Assignment. This Agreement shall be binding upon the successors and assigns of the Company and the . Association. Any assignment Company of its rights or duties undo this Agreement shall require the prior written consent of the Association. 11. Notices. Any notice ,.- complaint, request or communication required or. permitted hereunder_ shall be sufficiently given if in writing and delivered in person or sent by mail, postage prepaid, addressed as follows : (a)' If to the Company, to: 48-88.5 Mariposa Drive Palm 'Desert, CA 92260 (b) If to the Association, to : 48-885. Mariposa Drive Palm Desert, CA 92260 Any written. communi-cation given on behalf of the Association must be s-igned by an authorized member_ of -the Association ' s board of Directors . 4 12. Governing Law. The parties hereby agree that the validity, construction and interpretation of this Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, . the parties hereto have executed this Agreement as of the date first set forth herein. IRONWOOD OWNERS ASSOCIATION III By Alfred Fortier, President IRONWOOD PROPERTY MANAGEMENT COMPANY By Roland Haskell, President L� t� EI L� .DEPARTMENT OF REAL ESTATE OF THE r STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 U G 2 5 1977 COU N T V OF RIVER SIX BU!LDING DZPAR T MEN T In the matter of the application of FINAL .SUBDIVISION PUBLIC REPORT FILE NO. 36111 SILVER SPUR ASSOCIATES ..a general partnership ISStJED: JANUARY 6, 1977 AMENDED: APRIL 11 , 1977 fora 'nal Subdivi)--IPHASE Public Report on EXPIRES• JANUARY 5, 1982 TRACT 0. 5554 II "IRONWO:RIVERSIDE . CALIFORNIA This Report Is Not a Recommendation or Endorsement_of the Subdivision But Is Informative Only. Buyer or Lessee Must Sian That He Has Received and Read This Report. "This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and Safety Code provides that the practice of. discrimination because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is ..,,against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are ..subject to disciplinary action by the Real Estate Commissioner if they make,any discrimination, distinction or restriction in negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry %.or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is ,guilty of such conduct, he or she should contact the Department of Real Estate. .Information Regarding Schools can be found on Page six of this Report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. '1`1/E Form 61$ 10/76 SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 1 THROUGH 37 AND COMMON AREA LOTS 75 AND 76. THIS REPORT COVERS PHASE II ONLY. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION, THE IRONWOOD OWNERS' ASSOCIATION, III. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AI14D OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND E)TENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q, OF THE MAP INCLUDED AS E)IIBIT "A" TO THE CONDITIONAL USE PERMIT NO. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERV- ICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. IF PURCHASERS DESIRE TO USE THE FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICA- TION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO IN- ITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERENCE AND TERMINATION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EX- TEND SAID LEASE FOR ANI ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS. AFTER THIS 3-YEAR PERIOD. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU 14ITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLI- GATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. . THE SUBDIVIDER OF THIS PROJECT HAS .INDICATED THAT HE INTENDS TO SELL ALL OF THE LOTS IN THIS PROJECT. HOWEVER, ANY OWNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE THE LOTS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE LOTS BECOME RENTAL PROPERTIES. -2- of 6 pages FILE NO. 36111 (Amended) THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together =with a membership in Ironwood Owners' Association, III, and Ironwood Master t4aintenanee Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm.Desert. This Phase (II) consists of approximately 12 acres divided into 37 residential lots ,,and common area, which consists of Lots 75 and 76, on which community facilities con sisting of walkways, two swimming pools and jacuzzis, two cabanas, with wet bar, barbecue and ice maker, and landscaped areas will be constructed. . ..Lot B (portions of) , Lot C and Lot D (portions of) , are private streets. These lots ,will continue to be owned by the subdivider. However, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. The developer has posted a bond for assuring completion of common area Lots 75 and 76 common facilities, improvements and all structures in an amount of $180,000, with an estimated closing date of June, 1977. „ .MANAGEMENT AND OPERATION: The Ironwood. 0imers' Association III, and Ironwood Master Maintenance Association, which you must join, manage and operate the common area(s) in accordance with the Restrictions, Articles of Incorporation and the Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of ex- penses for maintenance and operation of the project, your monthly assessments for the - ..Ironwood Owners' Association, III, will be $141 . The subdivider should furnish you a copy of the budget. - A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a three- year period to guarantee such payment. In addition to your assessments for Ironwood Owners' Association, III, there is pres- ently a monthly assessment of $10.00 per lot for the Ironwood Master Maintenance Association. This $10.00 assessment will continue until three years from the date of recordation of the Master Association Restrictions (until January 10, 1977). There- after, each owner, including Declarant and the owners of the golf and tennis facilities, will be assessed pro rata based upon the number of votes allocated to owners in ac- cordance with the provisions of the recorded restrictions. The subdivider estimates that by the end of said three-year period the road system and gates to be controlled by the Master Association will have doubled and the costs will, at least, be corre spondingly doubled. The total monthly assessments for each lot owner in this Phase is $151 .00. -3- of 6 pages FILE NO. 36111 (Amended) IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A 1-40DITHLY ASSESSMENT FIGURE 14HICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU .SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE EN- TERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with :the procedure prescribed in the CC&Rs or Bylaws: In considering the advisability of a ...'decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 1 through 37) during the month following the closing of the first sale of a lot. From that time, the subdivider is :required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&Rs. These remedies are available against the subdivider as well as against other owners. The subdivider has posted a bond as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. 'EASEMENTS: Easements for utilities and other purposes are shown on the title report and subdivision map recorded in the Office of the Riverside County Recorder, Book 81 , Page 52. RESTRICTIONS: This. subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849; March 27, 1915, as Instrument No. 35116; _ and Declaration of Restrictions recorded in Book 1976, Page 175831 , which include, .among other provisions, the following: Each residential lot shall be improved, used and occupied only for single-family dwelling residential purposes. No animals, livestock, birds or poultry shall be kept or maintained on any resid.en- tial lot. .All trash, garbage or other waste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The containers shall be made of a material which does not emit noise during handling. No laundry or wash shall be dried or hung outside any building located on any residen- tial lot. -4- of 6 pages FILE NO. 36111 (Amended) No exterior antennae shall be permitted without the prior approval of the Architectural Control Board. No activity shall be conducted on any residential lot which interferes :with television or radio reception on any other residential lot. No exterior lighting of any sort shall be installed or maintained on any building, the light source of which is visible from a neighboring residential lot or the common areas, except as authorized by the Architectural Control Committee. >TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.017. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT .ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. IN ADDITION, A FIXED CHARGE OF $20.00/YEAR PER LOT IS COLLECTED WITH TAXES FOR THE COACHELLA VALLEY COUNTY WATER DISTRICT AND REPRESENTS A CHARGE FOR THE AVAILABILITY OF WATER AND SEWER SERVICE; WHEN WATER . -'.AND SEWER SERVICE .ARE CONNECTED, THE HOMEOWNER WILL BE BILLED DIRECT- LY BY THE DISTRICT AND THE CHARGE WILL NOT APPEAR: ON SUBSEQUENT TAX BILLS. CONDITIONS. OF SALE: If your purchase involves financing, a form of deed of trust and note will be used These documents contain the following provisions: -An acceleration clause. This .means that if you sell.the property, the lender may :declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in ;accordance with the terms of the loan. :-A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amount as a penalty. `PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrog depository until legal title is delivered to you. (Refer to Sections 11013, . 11013.2(a) , Business and Professions Code.) If the escrow has not closed on your lot within six (6) months of the date of your deposit receipt, you may request return of your deposit. -FILLED GROUND: Some lots will contain filled. ground varying to a maximum depth of 7 feet. These soils are to be properly compacted for the intended use under the super- vision of a state licensed engineer. WATER: Subdivider advises that lot purchasers will be subject to a charge. of $75.00 ..for the installation of water meter. -5- of 6 pages FILE NO. 36111 (Amended) FIRE. PROTECTION: Fire protection will be furnished by Riverside County Department of :.Fire Protection, in cooperation with the California Division of Forestry. Initial response into subject tract would call for three engines and two squads. Two engines wand one squad from Station 33, Palm Desert and one engine and one squad from Station 31 , Bermuda Dunes. The public water system in the tract is adequate for fire pro- tection purposes. ...., SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge bf $5.00 per lot per month. STREETS AND ROADS: The streets within this subdivision are private. All repair and maintenance of these private streets will be the responsibility of the Ironwood Master Maintenance Association. ";PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not avail- ,.able., v;SCH00LS: The students will be served by the Desert Sands Unified School District. -The school of attendance, locations and distances from the project are as follows: Washington Elementary School (K-2) , 45768 Portola, Palm Desert, 2-1/8 miles; Lincoln Elementary School (3-5) , 74100 Rutledge, Palm Desert, 3-1/2 miles; Palm Desert Middle School (6-8) , 74100 Rutledge, Palm Desert, 3-1/2. miles; Indio High School .(9-12) , 81750 Avenue 46, Indio, 11 miles. '.School .bus tranpsortation is available, without charge, to the aforesaid schools. NOTE: This school information was provided by the school district prior to issuance of. the public report. Purchasers may contact the local school district offices for any :.changes in school assignments, facilities and bus service. SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project in Palm Desert. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at the Department of Real Estate, 107 South Broadway, Room 8136, .. Los Angeles, California 90012. i BJ/klm 6- and last FILE NO. 36111 (Amended) DEPARTMENT OF REAL ESTATE R E C . OF THE STATE OF CALIFORNIA AUG 25 1977 TELEPHONE NO. (213) 620-2700 ENVIRONMENTAL SERVICES CITY OF PALM DESERT In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT FILE NO. 36111 SILVER SPUR ASSOCIATES a general partnership ISSUED: JANUARY 61 1977 AMENDED: APRIL 11 , 1977 for a Final Subdivision Public Report on EXPIRES JANUARY 5, 1982 TRACT NO. 5554 - PHASE II "IRONWOOD" RIVERSIDE COUNTY, CALIFORNIA . This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. .This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700 of the California Health and .Safety Code provides that the practice of discrimination ;because of race, color, religion, sex, marital status, national origin or ancestry in housing accommodations is -against public policy. Under Section 125.6 of the California Business and Professions Code, California real estate licensees are .subject to disciplinary action by the Real Estate Commissioner if they make any discrimination,distinction or restriction in.negotiating a sale or lease of real property because of the race, color, sex, religion, ancestry :or national origin of the prospective buyer. If any prospective buyer or lessee believes that a licensee is guilty of such conduct, he or she should contact the Department of Real Estate. 4nforniation Regarding Schools can be found on Page six of this Report. (READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot in this SUBDIVISION. R/E Form 618 10/76 SPECIAL NOTES THIS REPORT COVERS ONLY RESIDENTIAL LOTS 1 THROUGH 37 AND COMMON AREA LOTS 75 AND 76. THIS REPORT COVERS. PHASE II ONLY. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMPlON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION, THE IRONWOOD OWNERS' ASSOCIATION, III. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTATIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND 0, OF THE MAP INCLUDED AS EXHIBIT "A" TO THE CONDITIONAL USE PERMIT NO. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERV- ICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. ' IF PURCHASERS DESIRE TO USE THE FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY. CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICA- TION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO IN- ITIATION FEES, DUES., MANAGEMENT OF CLUB, AND TRANSFERENCE AND TERMINATION OF MEMBERSHIP. MEMBERSHIP IS NOT AUTOMATIC WITH THE PURCHASE OF A LOT. THE CLUB HAS THE RIGHT TO ACCEPTOR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS. THE GOLF FACILITIES OF IRONWOOD .GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EX- TEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU I4ITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS . THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLI- GATIONS, AND COSTS. OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER OF THIS PROJECT HAS INDICATED THAT HE INTENDS TO SELL ALL OF THE LOTS IN THIS PROJECT. HOWEVER, ANY OlVlNER, INCLUDING THE DEVELOPER, HAS A LEGAL RIGHT TO LEASE THE LOTS. PROSPECTIVE PURCHASERS SHOULD CONSIDER THE POSSIBLE EFFECTS ON THE DEVELOPMENT IF A SUBSTANTIAL PORTION OF THE LOTS BECOME RENTAL PROPERTIES. -2- of 6 pages FILE NO. 36111 (Amended) THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF THE HOMEOWNER ASSOCIATION THE BUILDING.PLANS, TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. >INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together .with a membership in Ironwood Owners' Association, .III, and Ironwood Master _Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert. This Phase (II) consists of approximately 12 acres divided into 37 residential lots and common area, which consists of Lots 75 and 76, on which community facilities con- of walkways, two swimming pools and Jacuzzis, two cabanas with wet bar, barbecue and ice maker, and landscaped areas will be constructed. Lot B (portions of) , Lot C and .Lot D (portions of) , are private streets. These lots will continue to be owned by the subdivider. However, a non-exclusive easement, in perpetuity, lien free, .will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. The developer has posted a bond for assuring completion of common area Lots 75 and 76 common facilities, improvements and all structures in an amount of $180,000, with an estimated closing date of June, 1977. MANAGEMENT AND OPERATION: The Ironwood Owners' Association III, and Ironwood Master Maintenance Association, which you must join,. manage and operate the common area(s) in accordance with the Restrictions, Articles of Incorporation and the Bylaws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of ex penses for maintenance and operation of the project, your monthly assessments for the . Ironwood Owners' Association, III, will be $141 . The subdivider should furnish you a copy of the budget. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a three- year period to guarantee such payment. In addition to your assessments for Ironwood Owners' Association, III, there is pres- ently a monthly assessment of $10.00 per lot for the Ironwood Master Maintenance Association. This $10.00 assessment will continue .until three years from the date of recordation of the Master Association Restrictions (until January 10, 1977) . There- after, each owner, including Declarant and the owners of the golf and tennis facilities, will be assessed pro rata based upon the number of votes allocated to owners in ac- cordance with the provisions of the recorded. restrictions. The subdivider estimates that by the end of said three-year period the road system and gates to be controlled by the Master Association will have doubled and the costs will, at least, be corre- spondingly doubled. The total monthly assessments for each lot owner in this Phase is $151 .00. -3- of 6 pages FILE NO. 36111 (Amended) IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE 14HICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTME14T OF REAL ESTATE BEFORE EN TERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure .prescribed in the CC&Rs or Bylaws. In considering the advisability of. a . .decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION .INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN. IF ACCURATELY ESTIMATED .INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. Monthly assessments will commence on all lots (numbers 1 through 37) during the month. following the closing of the first sale .of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the CC&Rs. . These remedies are available against the subdivider as well as against other owners. The subdivider has posted a bond as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect. to the payment of assessments before agreeing to a release or exoneration of the security. EASEMENTS: Easements for utilities and other purposes.. are shown on the title report and subdivision map recorded in the.Office of the Riverside County Recorder, Book 81 , Page 52. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849; March 27, 1975, as Instrument No. 35116; . and Declaration of Restrictions recorded in Book 1976, Page 175831 , which include, among other provisions, the following: Each residential lot shall be improved, used and occupied only for single-family dwelling residential purposes. No animals, livestock, birds or poultry shall be kept or maintained on any residen- tial lot. All trash, garbage or other waste shall be kept in sanitary containers and all such containers shall be maintained in good, clean condition. The containers shall be . made of a material which does not emit noise during handling. No laundry or wash shall be dried or hung outside any building located on any residen- tial lot. -4- of 6 pages FILE NO. 36111 (Amended) Y No exterior antennae shall be permitted without the prior approval of the Architectural Control Board. No activity shall be conducted on any residential lot which interferes with television or radio reception on any other residential lot. No exterior lighting of any sort shall be installed or maintained on any building, .the. light source of which is visible from a neighboring residential lot or the common :areas, except as authorized by the Architectural Control Committee. ITAX ESTIMATES: . If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAIw 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1976/77 FISCAL YEAR IS $12.017. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR,SPECI_AL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE .FUTURE RATE. IN ADDITION, A FIXED CHARGE OF $20.00/YEAR PER LOT IS COLLECTED WITH TAXES FOR THE COACHELLA VALLEY COUNTY WATER DISTRICT AND REPRESENTS A CHARGE FOR THE AVAILABILITY OF WATER AND SEWER SERVICE; WHEN WATER rAND SEWER SERVICE ARE CONNECTED, THE HOMEOWNER WILL BE BILLED DIRECT- LY BY THE DISTRICT AND THE" CHARGE WILL NOT APPEAR ON SUBSEQUENT TAX BILLS. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment,. you may have to pay an additional amount as a penalty. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until legal title is delivered to you. (Refer to Sections 11013, 11013.2(a) , Business and Professions Code.) If the escrow has not closed on your lot within six (6). months of the date of your deposit receipt, you may request return of your deposit: FILLED GROUND: Some lots will contain filled ground varying to a maximum depth of 7 feet. These soils are to be properly compacted for the intended use under the super- vision of a state licensed engineer. WATER: Subdivider advises that lot purchasers will be subject to a charge of $75.00 for the installation of water meter. -5- of 6 pages FILE NO. . 36111 (Amended) 1 FIRE PROTECTION: Fire protection will be furnished by Riverside County Department of :Fire Protection, in cooperation with the California Division of Forestry. Initial ::response into subject tract would call for three engines and two squads. Two engines :.nand one squad from Station 33, Palm Desert and one engine and one squad .from Station 31 , Bermuda Dunes. The public water system in the tract is adequate for fire pro- ..tection purposes. SEWAGE DISPOSAL: The subdivider advises that there is presently a sewer service charge of $5.00 per lot per month. STREETS AND ROADS: The streets within this subdivision are private. All.repair and maintenance of these private streets will be the responsibility of the Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Regularly scheduled public transportation service is not avail- able., :,SCHOOLS: The students will be served by the Desert Sands Unified. School District. -.The school. of attendance, locations and distances from the project are as follows: Washington Elementary School (K-2) , 45768 Portola, Palm Desert, 2-1/8 miles; Lincoln Elementary School (3-5) , 74100 Rutledge, Palm Desert, 3-1/2 miles; Palm Desert Middle School (:6-8) , 74100 Rutledge, Palm Desert, 3-1/2 miles; Indio High School (9-12) , 81750 Avenue .46, Indio, 11 miles. : School bus tranpsortation is available, without charge, to the aforesaid schools. NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district offices for any changes in school assignments, facilities and bus service. SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project in Palm Desert. For further information in regard to this subdivision, you may call (213) 620-2700, or examine the documents at the Department of Real Estate, 107 South Broadway, Room 8136, Los Angeles, California 90012. .,BJ/klm -6- and last FILE NO. 36111 (Amended) OFFICE OF ROAD COMMISSIONER O COUNTY SURVEYOR COUNTY .yy RIVERSIDE erA' rasa 0 � 1976 R OO M�� 9,"H ALL OF RECORDS BUILDING B. DOUGLAS POWELL MAILING ADDRESS: P.O. BOX 1090 ROAD COMMISSIONER & COUNTY SURVEYOR (VE,H51T1pp4s���1`�L.{I NI A 92502 iP�IONL (� 57-6554 May 5, 1976 City Council City of Palm Desert 73-021 E1 Paseo Palm Desert, CA 92260 Attention: Mr. Harvey L. Hurlburt City Manager Re: Tract 5554 . Gentlemen Please be advised that this office has received completion notices from our Construction Department and the Coachella Valley County Water District for the water system and the sanitation system for the above referenced tract. It is RECOMMENDED that the water and sewer bonds only be released at this time.. Very truly yours, B. Douglas Powell Road Commissioner. and County Surveyor BDP:HJW:mfg r May 5, 1976 - City Council City of Palm Desert 73-021 E1 Paseo Palm ,Desert, CA '9226Q Attention: Mr. Harvey L. Hurlburt City Manager Re: Tract 5554 Gentlemen: Please be advised that thj � office has received completion notices from our Construction Department and the Coachella Valley County later District (-� for the water system and the-sanitation system for the above referenced U tract. ' It -is RECOMMENDED that the water and sewer bonds only be released at this time. Very truly yours, 6. Douglas Powell Road Commissioner and County Surveyor SDP:HJW:mfg CEIVED DEC'a 3 1975 cov co PMM December 3, 1975 Mr. Lowell O. Weeks , General Manager, Chief Engineer COACHELLA VALLEY COUNTY WATER STRICT Post Office Box 1058 Coachei3a,-California=92 6=-.-_-= , Dears'Mr; t�eekiR- - We _thatrthe flnaVdocumontsa�fat .:tbe *kteraandeec.�r�arggte rs: - a „ Tra n 554 �s 3ec�ea-t }9 been appz�sed y; yrtur_;EaarH r `D�Ye ass:,=:end= twat :r _ your.; ctridl ,;-1h,the near__future =,be.ais.thvrizfng rs tease-cif=:perform=- ante bonds for these=eystsms # 3dab�. your.= .t ct-and=-t e =Cfty;of=Paim Desert.- ° Please-furnish- copies-of your letter-to-Palm Desert authorizing release.-to:.tbis__office_and Pacific.Rim.. Sn response to-ybur=letterEata�a�epteber 119�5�`a<€�p} rf -irontracty _ _: - wi th�t a'_M,=R©bert�r3a��-�penyry aTated«Sepfem�ser=�0:�::33�74x#'is _�cGeusfract ton.�.. ., a i of the sewer..:lineis 1ny Trect 5554"3s ericiczsed:,:_together nitl�r1 c°r3pissrof.;in- .4; :� . w... voices:_fDc iis:-.corkrand iscks: paying same:<=- - As s.tated..in-'t1y: letterYto-you:dated::gugust=.4. v1975 :"besed.:on: the enclosed:=:: :- contract--prices;-.the 25'" sewer-line cost $15,600.00 more than an 8" line, per the, following computation: 15" line:_ -_1950_.Lineal -Feet @ $14.29_ $27.,B65_.50-_-- - 8" liner 2950 Lineal Feet @ $ 6.29 $12,265.50 Additional Cost of 15" Line $15,600.00 xt is noted that this line has been installed-since early this year, and received.final inspection'by your District- on July 30, 1975. . The cost of this construction-has been paid by this office since December--13, 1974. We are committed .by letter dated August 4, 1975 to adjust some manholes to grade and clean lines west of Oriole Court. Neither of these two relatively minor items has a bearing on the installation or cost of the 15" collection line,, and neither is part of the consideration of'cost difference between the 15" line and an 8" line. t i Mr. Loceel1 0. weeks December 3, 1975 Page Two \ As your District has agreed to pay the difference between an 8" sewer 3ne and the required 15" collection water line (not including appurtenances such as manholes, connections, etc.) out of Improvement District No. 54 bond fua based upon our contract for this work, we now request that this difference . of $15,600 be forwarded to this office at your earliest convenience. Sincerely, SILVER. SPA-ASSSt3C-IATES BY: 72ronwbd _ ationBy: Alfre&fortier APsme cc: Paul Williams,✓ <,_ __ _ - City of Palm Desert Robert Pay, Insurance Services Corp. Don Shayler, Pacific Rim 7adr s t er=,=,rEVa e,AP1ttft-irn, Corp. = n-OTTCE Cr=-ACTION BY CI Y, C0!r1"-iL CITY. CF PALM DESEI:t °S NTE nF CALIFO'"NIA ' RE TRACT NO 5554-PD ACTION: _ Denied Continued Q Other :REMARES Subject :to, conditions dated March 11, 1974 ..Rol,!, Call`. resulted as follows: ' Ayes: Unanimously. Noes: Absent: f3b1�3?it�f3��sSr�43��--�t@���r;s�f.T�ekyt�estkkX�kr':'1CkdF�.kYok'tlrs�4g9hyFyrvk��a�t���4��� _ I hereby certify that the foregoing is ,a full, true and correct copy or an order made and entered on March 28, 1974 Book Page 3 of City Council Minutes WITNESS ray hand and the seal of the City Council Dated: April 11, 1974 Clerk of. the C ity Council An and for the City of Palm Desert, State of California BY , Deputy DEPARTMENT OF REAL ESTATE. OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 In the matter of the application of n (r. i' �� FI� FINAL SUBDIVISION !1 L' PUBLIC REPORT SILVER SPUR ASSOCIATES, a general partnership `'� APR 2 91974 FILE No. 33935 for a final subdivision public report onC,�tj���.:, ��- ., 1, c ISSUED: APRIL 1, 1974 TRACT NO. 4685 EiUll-i)I�lri �7cE�AtTPJI ; F EXPIRES: MARCH 31, 1979 "IRONWOOD" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign .That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. SPECIAL NOTES SCHOOL INFORMATION CAN BE FOUND ON THE LAST PAGE OF THIS REPORT. THIS PROJECT IS A "PLANNED DEVELOPMENT." IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION, THE IRONWOOD OWNERS ASSOCIATION I. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, IBC, L, P, AND Q OF THE MAP, INCLUDED AS EXHIBIT A TO THE CONDITIONAL USE PERMIT #€1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY _ ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE,. PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. PRIOR TO EXECUTION OF THE PURCHASE AGREEMENT THE DEVELOPER SHOULD 'PROVIDE YOU WITH A COPY OF ALL THE ARTICLES OF 'INCORPORATION, RESTRICTIONS AND BY-LAWS. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, .PRIVILEGES, USE, OBLIGATIONS, COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE -1- R/E FORM 618 16660-605 7_76 20M 05P DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINATION OF MEMBERSHIP. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE LEASE PAYMENTS ON SAID LAND FOR A PERIOD OF 3 YEARS. THERE IS NO ASSURANCE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Ironwood Owners Association I and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In the City of Palm Desert., Approximately 12.6 acres divided into 46 residential lots and common area which consists of Lots 47, 48, and 49 on which community facilities consisting of driveways, walkways, parking areas, storage and equipment areas, swimming pool, and landscaped areas will be constructed. This tract also includes Lots B thru F inclusive, on which private streets will be constructed. These lots will continue to be owned by the subdivider, however, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Owners Association I for the benefit of each owner. MANAGEMENT AND OPERATION: The Ironwood Owners Association I and Ironwood Master Maintenance Association which you must join manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and By-Laws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of expenses for maintenance and operation of the project, your monthly assessments for Ironwood Owners Association I will be $110.00. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a 3-year period to guarantee such payment. The monthly assessments for Ironwood Master Maintenance Association would be $27.08 per lot, however, the subdivider has posted a bond to subsidize this amount so you will only be assessed $10 per lot. Said bond will run until March 15, 1977. The subdivider must pay assessments on any unsold lots in this tract. EXPENSES OF OPERATION ARE DIFFICULT TO ESTIMATE INITIALLY AND EVEN IF ACCURATELY ESTIMATED TEND TO INCREASE SUBSTANTIALLY WITH PRICE INCREASES AND THE INCREASED AGE OF THE FACILITIES. -2- of 4 pages FILE NO. 33935 EASEMENTS: Easements for utilities and other purposes are shown on the title report and the subdivision map recorded in the Office of the Riverside County Recorder, Book 78, Pages 33 thru 35. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849 and March 14, 1974, as Instrument No. 29446. TAX ESTIMATES: If the subdivider is unable to give you the current tax information for your house and lot, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1973-74 FISCAL YEAR IS $9.739. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of..trust and note will be used. These documents contain the following provisions: An acceleration clause. This weans that if you sell the property, or use it as a security for another loan, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment you may have to pay an additional amount as a penalty. PURCHASE MONEY, HANDLING: The subdivider must impound all funds received from you in -an escrow depository until legal title is delivered to you. (Ref. Sections 11013, 11013.2(a), Business and Professions Code.) The subdivider advises that individual escrows will not close until 60% of the lots have been sold. Your purchase money will be returned if escrow has not closed after one year .from opening date. FIRE PROTECTION: Fire protection furnished by the Palm Desert County Fire Station. SEWAGE.DISPOSAL: A sewer service charge of $5.00 per lot will be assessed by the Coachella Valley County Water District. STREETS AND ROADS: The streets within this subdivision are private. All repair and maintenance of the private streets located on Lots C thru F will be. the responsibility of the Ironwood Owners Association I and all repair and maintenance of the private street .located on Lot B of this tract will be the responsibility of the Ironwood Master Maintenance Association. PUBLIC TRANSPORTATION: Not available. SHOPPING FACILITIES: Complete shopping facilities are located approximately 2 miles north of the project in Palm Desert. -3- of 4 pages FILE NO. 33935 SCHOOLS: Students will be served by the Desert Sands Unified School District. The schools of attendance, locations, and distances from the project are as follows: Washington Elementary School, K-2, 45768 Portola, Palm Desert, 1-3/4 miles. Lincoln Elementary School, 3-59 .74100 Rutledge, Palm Desert, 3 miles. Palm Desert Middle School, 74100 Rutledge, Palm Desert, 3 miles. Indio High School, 81750 Avenue 46, Indio, 10-1/2 miles.. Free bus transportation is available to all the aforesaid schools. LRK:as -4- and last FILE NO. 33935 "DEPARTMENT OF REAL ESTATE- OF THE REC 1 V STATE OF CALIFORNIA M AY 1974 TELEPHONE NO. (213) 620-2700 PALM DESERT CITY IIALL In the matter of the application of FINAL SUBDIVISION PUBLIC REPORT SILVER SPUR ASSOCIATES, a general partnership FILE NO. 34616 for.a final subdivision public report on ISSUED: APRIL 1, 1974 TRACT NO. 5053 EXPIRES: MARCH 31, 1979 "IRONWOOD" RIVERSIDE COUNTY, CALIFORNIA This Report Is Not a Recommendation or Endorsement'of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. SPECIAL NOTES SCHOOL INFORMATION CAN BE FOUND ON THE LAST PAGE OF THIS REPORT. THIS PROJECT IS A "PLANNED DEVELOPMENT." IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION, THE IRONWOOD.OWNERS ASSOCIATION II. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY INCLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D, E, H, J, K, L, P, AND Q OF THE MAP, INCLUDED AS EXHIBIT A TO THE CONDITIONAL USE PERMIT#1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRIVE AND PORTOLA AVZsIUE MERIDIAN, FOR OPERATION OF SECURITY GATES, AND FOR OPERATION OF OTHER SECURITY SERVICES IN THIS AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. PRIOR TO EXECUTION OF THE PURCHASE AGREEMENT THE DEVELOPER SHOULD PROVIDE YOU:WITH A COPY OF ALL THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BY-LAWS. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLIGATIONS, COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. R/E FORM 618 1e660_60e gas soia®oar t IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP. PURCHASERS INTENDING TO JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINATION OF MEMBERSHIP. THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FOR A PERIOD OF 25 YEARS, BEGINNING NOVEMBER 309 1972. THE DEVELOPER HAS THE OPTION TO EXTEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE LEASE PAYMENTS ON SAID LAND FOR A PERIOD OF 3 YEARS. THERE IS NO ASSURANCE THAT DEVELOPER WILL PAY LEASE PAYMENTS AFTER THIS 3-YEAR PERIOD. INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot, together with a membership in Ironwood Owners Association II and Ironwood Master Maintenance Association and rights to use the common area. LOCATION AND SIZE: In th<'E of Palm Desert. Approximately 14.8 acres divided into 102 residential lots and common area which consists of Lots 103 thru 108 on which community facilities consisting of walkways, parking areas, storage .and equipment areas, swimming pools, and landscaped areas will .be constructed. This tract also includes Lots A thru G, inclusive, on which private streets will be constructed. These lots will continue to be owned by the subdivider, however, a non-exclusive easement, in perpetuity, lien free, will be granted to the Ironwood Owners Association II for the benefit of each owner. MANAGEMENT AND OPERATION: The Ironwood Owners Association II and Ironwood Master Maintenance Association which you must join manages and operates the common areas in accordance with the Restrictions, Articles of Incorporation and By-Laws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of expenses for maintenance and operation of the project, your monthly assessments for Ironwood Owners Association II will be $110.00. A portion of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a 3-year period to guarantee such payment. The monthly assessments for Ironwood Master Maintenance Association would be $27.08 per lot$ however, the subdivider has posted a bond to subsidize this amount so you will only be assessed $10 per lot. Said bond will run until March 15, 1977. The subdivider must pay assessments on any unsold lots in this tract. EXPENSES OF OPERATION ARE DIFFICULT TO ESTIMATE INITIALLY AND EVEN IF ACCURKX6LY ESTIMATED TEND TO INCREASE SUBSTANTIALLY WITH PRICE INCREASES AND THE INCREASED AGE OF THE FACILITIES. -2- of 4 pages FILE NO. 34616 RESTRICTIONS:. This subdivision is subject to restrictions recorded in the Office of the Riverside County Recorder, January 10, 1974, as Instrument No. 3849, and March 14, 1974, as Instrument No. 29447. TAX ESTIMATES: If the subdivider is unable to give you the current tax information for your house and lot, you may approximate your taxes as follows: TAKE 25% OF. THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1973-74 FISCAL YEAR IS $9.739. THE TAX RATE AND ASSESSED VALUATION.MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property, or use it as a security for another loan, the lender may declare the entire unpaid loan balance immediately due and payable. A prepayment, penalty. This.means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the termsof the loan. A late charge. This means that if you are late in making your monthly loan payment you may have to pay an additional amount as a penalty. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository until legal title is delivered to you. (Ref. Sections 11013, 11013.2(a), Business and Professions Code.) The subdivider advises that individual escrows will not close until 60% of the lots have been sold. Your purchase money will be returned if escrow has not closed after one year from opening date. FIRE PROTECTION: Fire protection furnished by the Palm Desert County Fire Station. SEWAGE DISPOSAL: 'A sewer service charge of $5.00 per lot will be assessed by the Coachella Valley County Water District. STREETS AND ROADS: The streets within this.subdivision are private. All repair and maintenance of the private streets located on Lots A thru G will be the responsibility of the Ironwood Owners Association II. PUBLIC TRANSPORTATION: Not available. SHOPPING FACILITIES: Complete shopping facilities are located approximately two miles north of the project in Palm Desert. -3- of 4-pages FILE NO. . 34616 SCHOOLS: Students will be served by the Desert Sands Unified School District. . The schools of attendance, locations, and distances from the project are as follows: Washington Elementary School, K-2, 45768 Portola, Palm Desert, 2-1/4 miles. Lincoln Elementary School, 3-5, 74100 Rutledge, Palm Desert, 3-1/2 miles. Palm Desert Middle School, 74100 Rutledge, Palm Desert, 3-1/2 miles. Indio High School, 81750. Avenue 46, Indio, 11 miles. Free bus transportation is available to all the aforesaid schools. LRK:as -4- and last FILE NO. .34616 ' 1 DEPARTMENT OF REAL ESTATE- OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2,7 0 In the matter of the application of R FINAL SUBDIVISION E PUBLIC REPORT S11VER SPUR ASSOCIATES.' a general partnership JUN 19 1 75 FILE NO. 36110 for a.final subdivision is report on COUNTY OF R VERSIDE`SSUED: MARCH 2&, 1975 BUILDING DEP RTMENT TRACT NO: 5554 . EXPIRES: MARCH 27, 1980 I RONWOOD ' RIVERSIDE C0 TY, CALIFORNI:A This Report Is:Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This Report. This Report Expires on Date Shown Above. If There Has Been a Material Change iri" the Offering, an Amended"Publ c''�'Report'`Must 'Be 'Obtained Gild ZJsecl; n Lieu i of Tl is Report. SPECIAL NOTES INFORMATION REGARDING SCHOOLS CAN BE FOUND ON THE LAST PAGE OF THIS REPORT.'. THIS REPORT. COVERS -ONLY RESIDENTIAL LOTS 38 THROUGH 14 AND COMMON .AREA LOTS 77, 78 AND 79. THIS PROJECT .IS A PLANNED DEVELOPMENT.- IT INCLUDES COMMON AREAS AND COMMON FACIU T!ES WHICH W!LL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATI0111, THE IRONWOOD OWNERS ASSOCIATION IV. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESS- MENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. YOU WILL ALSO BECOME A MEMBER OF THE IRONWOOD MASTER MAINTENANCE ASSOCIATION, AN INCORPORATED ASSOCIATION. THIS ASSOCIATION IS PROPOSED TO EVENTUALLY IN- CLUDE 1801 RESIDENTIAL LOTS IN A LOCATION DESCRIBED AS AREAS D. E, H, J, K, L, P, AND Q OF THE MAP, INCLUDED AS EXHIBIT A TO THE CONDITIONAL USE PERMIT NO.. 1382. THIS ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF MARIPOSA DRl VE AND PORTOLA AVENUE MERIDIAN, FOR OPERATION OF SE.CURI-TY ,.GATES, AND FOR OPERATION OF OTHER SECURITY SERVICCES IN THIS..AREA. THERE IS NO ASSURANCE THAT ALL 1801 RESIDENTIAL LOTS WILL BE COMPLETED AS PLANNED. -l- R/E FORM 618 15990_805 7s SOM osv 1 PRIOR TO EXECUTION OF THE PURCHASE AGREEMENT THE DEVELOPER SHOULD PROVIDE .YOU WITH A COPY OF ALL THE. ARTICLES OF INCORPORATION, RESTRICTIONS AND BY- LAWS, THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTAN- TIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE., OBLIGATIONS, COSTS OF- MAINTENANCE AND OPERATION. YOU SHOULD READ AND UNDERSTAND THESE DOCU- MENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A- LOT,' IF PURCHASERS DESIRE TO USE THE FACILITIES IN IRONWOOD GOLF AND TENNIS, CLUB, ADJACENT TO THIS PROJECT, THEY CAN APPLY FOR MEMBERSHIP, PURCHASERS INTEND.' ING TO -JOIN SAID CLUB SHOULD THOROUGHLY READ THE MEMBERSHIP APPLICATION AND MEMBERSHIP REGULATIONS, ESPECIALLY THOSE SECTIONS RELATING TO INITIATION FEES, DUES, MANAGEMENT OF CLUB, AND TRANSFERANCE AND TERMINATION OF MEMBERSHIP, MEMBERSHIP IS NOT AUTOMATIC WITH THE. PURCHASE OF A .LOT. THE CLUB HAS THE RIGHT TO ACCEPT OR REJECT MEMBERSHIP APPLICATIONS ON ANY BASIS, THE GOLF FACILITIES OF IRONWOOD GOLF AND TENNIS CLUB ARE LOCATED ON LAND LEASED FROM THE COACHELLA VALLEY COUNTY WATER DISTRICT FORA PERIOD OF 25 YEARS, BEGINNING NOVEMBER 30, 1972. THE DEVELOPER HAS THE OPTION TO EX- TEND SAID LEASE FOR AN ADDITIONAL 25 YEARS. SUBDIVIDER HAS POSTED A BOND TO THE COACHELLA VALLEY COUNTY WATER DISTRICT TO ASSURE THAT DEVELOPER WILL. PAY LEASE PAYMENTS AFTER THIS 3-YE-AR PERIOD. I:NTER-ESTS TO, BE CONVEYED: ee tit l e to a. spec i-f i ed l ot, together with a ,membership in Iron ;Ow•n.e-r-s—Associa-t-i:on IV an ronwood Master. Maintenance. Association�and- ghts­touse the common area. LOCATION A In the City of Palm Desert. Approxi ately 16 cres, divided into 37 residentialilots and common area- which consists of Lot 77, 78 and on which communit Hities consisting of -walkways, 3 swimming pools nd ja.cuzzis, 3 ca an wet bar, barbecue and ice maker, and landscaped areas will b constructed. Lot B (portions of)., Lot- C and Lot D (portions of) , are private streets. These lots will continue to be owned by the subdivider. However, a non-exclusive easement, in perpetuity, ,lien free, will be granted to the Ironwood Master Maintenance Association for the benefit of all owners. MANAGEMENT: AND OPERATION: The Ironwood Owners Association IV and I ronwood Mas to r Maintenance Association, which you, must join, manages and operates the common areas in accordance .with the Restrictions, Articles of Incorporation and By-Laws. MAINTENANCE AND OPERATIONAL EXPENSES: According to the subdivider's estimate of. expenses for maintenance and operation of the project, your monthly assessments for the Ironwood Owners Association IV will be $148. The subdivider should furnish you a copy of the budget. A portion- of the total cost to operate the Ironwood Master Maintenance Association will be paid for by lessors of golf and tennis facilities constructed in a portion of the area covered by the master association. A bond has been posted for a 3-year period to .guarantee such payment. In addition to your assessments for Ironwood Owners Association IV, there .is presently a monthly assessment of $10.00 per lot for the Ironwood Master Maintenance Association. This $10.00 assessment will continue until 3 years from the date of recordation of the -2- of 4 pages FILE NO.' 36110 master Association restrictions (until January 10, 1977) . Thereafter, each owner, in- cluding Declarant and the owners of the golf and tennis facilities, will be assessed pro .rata based upon the number of votes allocated to owners in accordance with thr ,pro- vi,sions of the recorded restrictions. The subdivider estimates that by the end of said three-year period the road system and gates to be controlled. by the Master Association willi have doubled and the costs- will , at least, be correspondingly doubled, The subdivider must pay assessments on any unsold lots in this tract. EXPENSES OF OPERATION ARE DIFFICULT TO ESTIMATE INITIALLY AND. EVEN IF ACCURATELY ESTIMATED, TEND TO INCREASE SUBSTANTIALLY WITH PRICE INCREASES AND THE INCREASED AGE OF THE FACILITIES, RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Riverside. County Recorder, January. 10, 1974, as Instrument No. 3849 and March_ 27, 1975, as Instrument No, 35116.. TAX .EST.IMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY. THE TOTA.L .TAX RATE.' THE TAX RATE FOR THE 1974/75 FISCAL YEAR IS $10.753. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS; FOR EXAMPLE, _ANY- BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE,' CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and mote"wi"I 1 Abe used, These °documents :conta i n the 'fo l'lowi ng provisions An acceleration clause. This means .fhat if you sell the property, the .lender may declare the ..entire unpaid loan balance immediately due and payable. A prepayment penalty. -This means that if you wish to pay off your loan in whole or in pa.rt before it is due, you may be required to pay an additional amount as a penalty in accordance with the terms of the loan. A late charge. This means that if you are late in making your monthly loan payment, you may have to pay an additional amounta s a penalty. PURCHASE MONEY HANDLING: The subdivider must impound' aii funds received from you in an escrow depository until legal title is delivered to you. (Ref. Sections 11013, 11013.2(a) , Business and Professions Code.) Your purchase money will be returned if escrow has not closed after one year from opening date. F..I.RE PROTECTION: Fire protection furnished bythe Palm Desert County Fire. Station, SEWAGE DISPOSAL The subdivider advises that there is presently a sewer service charge of $5.00 per lot per month.. STREETS AND ROADS: The streets within this subdivision are private. All repair and rtia,intenance of the pri.vate .s.treets will be the responsibility of the Ironwood Master Maintenance :Assoda.tion. -3- of 4 pages FILE NO.' 361.10 PUBLIC TRANSPORTATION: Not available.. SCHOOLS : Students w.iil be served by the Desert Sands Uni.f.ied School District, The schools of attendance, locations and distances from the project are as follows: Washington ElementarySchool (K-2) , 45768 Portola, Palm Desert, 2- 1/8 miles; Lincoln Elementary-School (3-5) , 74100 Rutledge, Palm Desert, 3- miles, Palm Desert Middle School (6m8) , 74100 Rutledge, Palm Desert- 32 miles. Indio .Hi.gh School (9-12) , 81750 Avenue 46, Indio, 11 miles. Free bus transportation is available to all the aforesaid schools, SHOPPING FACILITIES: * Complete shopping facilities are located approximately two miles north of the project in Palm Desert. .For further information in regard to this subdivision, you may call (213) 620 2700, or examine the documents at 107 South Broadway, Room 8136, Los Angeles, California 90012, NS/klm -4- and last FILE NO. 36.110 TRACT 5554 Unit #1 47-850 Quercus Lane Common Lot #75 Unit #2 47-840 Quercus Lane Common.Lot #75 Unit #3 47-830 Quercus..Lane Common Lot #75 Unit if4 47-820 Quercus Lane Common Lot #75 Unit. #5 47-810 Quercus .Lane Common Lot #75 Unit #6 47-800 Quercus Lane Common Lot #75 Unit #7 47-190 Quercus Lane Common Lot #75 Unit. #8 47-770 Quercus Lane Common. Lot #75 Unit #9 47-760 Quercus Lane Common Lot #75 Unit #10 73-251 Boxthorn Lane Common Lot #75 Unit #11 73-255 Boxthorn Lane. Common Lot #75 Unit #12 73-259 Boxthorn Lane Common Lot #75 Unit #13 73-263 Boxthorn Lane Common Lot #75 Unit #1.4 73-267- Boxthorn Lane Common Lot #75 Unit #15 73=-271 Phoebe Court Common Lot #75 Unit #16 73-275 Phoebe Court Common Lot #75 Unit #17 73-279 Phoebe Court Common Lot #75 Unit #18 73-283 Phoebe Court Common Lot #75 Unit #19 73-287 Phoebe Court Common Lot #75 Unit #20 73-291 Phoebe Court Common Lot #76 Unit #21 73-295 Phoebe Court Common Lot #76 Unit #22 73-299 Phoebe Court Common Lot #76 Unit #23 73-303 Phoebe Court Common Lot #76 Unit #24 73-307 Phoebe Court Common Lot #76 Unit #25 73-311 Phoebe Court Common Lot #76 Unit #26 73-315 Phoebe Court Common Lot #76 Unit #27 73-319 Boxthorn Lane Common Lot #76 Unit #28 73-323 Boxthorn Lane Common Lot #76 Unit #29 73-327 Boxthorn Lane Common Lot #76 Unit 7f30 73.-331 Oriole Court Common Lot #76 Unit #31 73-335 Oriole Court Common Lot. #76 Unit #32 73-339 Oriole Court Common Lot #76 Unit #33 73-343 Oriole Court -Common Lot #76 Unit. #34 73-347 Oriole. Court Common Lot #76 Unit #35 73-351 Oriole Court Common Lot #76 Unit #36 73-355 Oriole Court Common Lot #76. Unit #37 73-359 Oriole Court Common Lot #76 Unit #38 73-363 Oriole Court Common Lot #77 'Unit #39 73-367 Oriole Court Common Lot #77 Unit #40 73-371 Oriole Court Common Lot #77 Unit.#41 73-375 Oriole Court Common Lot #77 Unit 7f42 73-319 Oriole Court Common Lot #77 Unit #43 73-383 Oriole Court Common Lot #77 Unit #44 73-387 .. Oriole.Cvurt Common Lot -#77 Unit #45 73-391 Oriole...Court Common Lot #77. Unit #46 73-395 Oriole- Court Common Lot #77 Unit #47 73-399 . Boxthorn Lane . Common Lot #77 Unit 148 73-403 Boxthorn Lane Common Lot #77 Unit #49 73-407 Nettle Court -Common Lot #77, Unit #50 73-411 Nettle Court Common Lot #7.7 Unit #51 73-415 Nettle Court Common Lot #77 Unit #52 73-419 Nettle Court Common Lot #77 Unit #53 73-423 Nettle Court Common Lot #77 3u TRACT,.5554 (CONT'D)' Unit #54 73-427 Nettle. Court Common Lot #78 Unit #55 73-431 Nettle Court Common Lot #78 Unit #56 73-435 Boxthorn Lane Common Lot #78 Unit #57 73-439 Boxthorn Lane Common Lot #78 Unit #58 73-443 Boxthorn Lane Common Lot #78 Unit. #59 73-447 Boxthorn Lane . Common Lot #78 Unit #60 73-451 Boxthorn Lane Common Lot #78 Unit #61 73-455 Boxthorn Lane Common Lot #78 Unit #62 73-459- Boxthorn Lane Common Lot #78 Unit #63 73-463 Boxthorn Lane Common Lot #18 Unit #64 73-467 Boxthorn Lane Common Lot #78 Unit #65 73-471 Boxthorn Lane Common Lot #78 Unit #66 73-475 Boxthorn Lane Common Lot #78 Unit #67 73-479 Boxthorn Lane. Common Lot #78 Unit #68 73-483 Boxthorn Lane Common Lot #78 Unit #69 73-488 Boxthorn Lane Common Lot #79 Unit #70 73-478 Boxthorn Lane Common Lot #79 Unit #71 73-468 Boxthorn Lane Common Lot #79 Unit #72 73-458 Boxthorn Lane Common Lot #79 Unit #73 73-454 Boxthorn Lane Common Lot #79 Unit #74 73-448 Boxthorn Lane Common Lot #79 SILVER SPUR ASSOCIATES P.O. Box 1727 Palm Desert,California 92260- Telephone: 714/346-5579 g August .21, 1974 City Planning Department CityfjPalm Desert Palm Desert, CA 92260 Re Tract 5554 Gentlemen: We enclose a copy of our tentative subdivision map .of Tract 5554. We are required to submit to the Department of Real Estate of California, evidence from your department as to the zoning of land immediately adjacent to the perimeter of this subdivision. Will you please furnish us a letter addressed to: . Department of Real Estate State of California 107 South Broadway Room 8107 Los Angeles, CA 90012 giving the required information. The Department of Real Estate inps"that if terms such as R-1, C,. etc. are used, an explanation of such terms be shown. Your cooperation in this matter will be appreciated.. Very truly yours , SI R SPUR ASSOCIATES' Gerald A. Mercer . GAM:kh Encl. E — DWI GJ 45-275 Prickly Pear Lane. P.O. Box 1648 Palm Desert, Ca. 92260 Ph. 346-0611 September 209 1974 Department of Real Estate State of California .107 South Broadway. Room 8107 Los Angeles, CA 90012 Subject Tract 5554 Gentlemen: The subject property is entirely surrounded by property zoned R-2-8000. This designation refers to land zoned for multiple-family dwellings and requires 8, 000 square feet of lot size for each unit. Very truly yours, Sam Freed Assistant Planner SF/jt Enclosure - 1 UN F ESTABLISHED IN 1918 AS A PUBLIC NCY I,is 61ST3lG't POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 TELEPHONE (714) 398-2651 DIRECTORS LEON KENNEDY,PRESIDENT _ LOWELL O. WEEKS,GENERAL MANAGER-CV.;" ENGfAI D RAYMOND R. RUM1MtONDS,VICE-PRESIDENT OLE J. jfJ P 4 . SECRETARY GEORGE fi. LEACH E��7 VR- - WnLT -i�, AU C.J. EftdS'f - REDWIN(EE AND AV SH 7N1 "A'TTC ILLInPA Q,GARDNEft - _ 'June 5, 1974 1-)' L14 DES f;T�17y WAI L State of California Division of Real Estate File No. 0421 . 1 107 South Broadway, Room 8003 0721 . 1 Los Angeles ,. California 90012 Re: Domestic Water andiox Sanitation Service For area described as 5554 Located in Sec. 32, . T 5 S, R 6 E, S.3.B.&M. The information contained in the paragraph(s) checked below is/are applicable to the above described area. . X 1 . The Coachella Valley County Water District, in accordance with the District's currently prevailing regulations will furnish. t-hese services to this area n Water Lx I Sanitation 2 The area must be annexed to these Improvement Districts to obtain services []. Water I .D. No. Sanitation I.D. No. - 3 Financial arrangements have been made with for the construction of these facilities: Fl Water Q Sanitation 4. In accordance with the standard specifications of the District, construction has been completed for the required facilities to furnish the following services) to . is area: U Water Sanitation Service(s) will be supplied in accordance with the District's currently prevailing regulations governing such service(s) . X 5. Other _ The monthly sewer service charge will be $5 00 per lot This is the prevai 1 i nq charge throughout the District Very truly yours, . l 1 0. Weeks BH:te General Manager-Chief Engineer cc: Departmenf of Public Health, Riverside Department of Public Health, Indio Safeco Title Insurance Company, Riverside. City of Palm Desert, Palm Desert Pacific Rim Environmental Consultants , Palm Desert . Silver Spur Associates, Palm Desert PACIFIC RIM M 1974 ENVIRONMENTAL CONSULTANTS LTD. cm e,,;"Ay COMMUNITY PLANNERS-DEVELOPMENT ENGINEERS PALM 73-893 HIGHWAY 111 PALM DESERT, CALIFORNIA 92260 (714) 346-6041 May 23, 1974 Mr. Harvey Hurlburt, City Manager City of Palm Desert 73-021 El Paseo Palm Desert, California 92260 5 Tract SubJ'ec 554 Var_i.a�e APP lication:Maintenance Buildings _ 0u.r-Fi-l­e--No::73-006 Dear Mr. Hurlburt: This is to advise you that this office fhas submitted an application for a variance to permit the construction of small local maintenance buildings, including sanitation facilities,within the boundaries of .Tract 5554, Ironwood Country Club. You will recall that this subject was discussed at length during the consideration of. the Tentative Subdivision Map and Plot Plan Approval for this development. Enclosed for your .reference is a copy of the Variance Application submitted to the County Planning Department, a copy of the subdivision map sheet indicating location of the proposed buildings, and ,.a copy Of an architectural drawing indicating location, setback, and con- struction details for the proposed buildings. You will notice that, as discussed in previous meetings, the structures have been designed so as to appear to be simp.ly. a part of the perimeter wall to be con- structed between Portola Avenue and Tract 5554• Sincerely, PACIFIC RIM D.H. Shayler DHS/rs Enclosures cc: Silver Spur Associates Mr. Paul Williams Mayor Clark Councilman Aston Councilman Brush Councilman McPherson Councilwoman Benson PACIFIC RIM — Administrative Offices: 17962 MIDVALE AVENUE NORTH, SEATTLE, WASHINGTON 98133 S-. F w tis► Rlt ERWIN,'ANDERHOLT &,SCHLROTTER MAY r . w 1974 PFiOFESSIONAL LAW CORPORATION _ - DAVID.J ERWIN - - 81-711 HIGH\WAY-iflam- • _ J.JOHN AN DERIiOL7 Miff,W�7i:-t .GARY SCHEROTTER •^INDIO.,CALIFrORNIA 92201 - JEFFERY S.R.PATTERSOIV - - ' 4 - . [714] d 7 060,6: - ,, 171!]:345 7.1622 ,t May 16; 1974 silver. gptw.'msociates 10, Oe 003 172.7 PmlM ;l"A t, "California 9226a �iT'TI I P ONa: B ald _,A. Itrcer- NS s TMet S554' Pais Oesert; California Dear M M6 art I have:reviewed-.this lbsed Kitts your. better of -Macy 15, 1974 s to the undeks geed - in-eonjunotlon with:the above tract eiwaers All 'df the s aittals .app-ear satisfactory. . tr+ my, stan4pointe yo S verytr4ily cc: City �►f.. halm Deiser RECEIVED PACIFIC Ri MAY a 1974 ENVIRONMENTAL CONSULTANTS LTD. - S ,. COMMUNITY PLANNERS-DEVELOPMENT ENGINEERS l('l��i'!� � 73-893 HIGHWAY III T CITY HAI _ PALM DESERT, CALIFORNIA 92260 (714) 346-6041 May 23 1974 Mr. Gerald Dupree, Senior Planner RIVERSIDE COUNTY PLANNING DEPARTMENT 46-209 Oasis Streel. Indio, CA 92201 Subject: Variance AppI icat-46 ," Tract 5554 Ma.iFntenance 8ui Tdings Our. File No. 73-006 Dear Mr. Dupree: Enclosed for filing with your office is an Application for Variance and related items, composed of the following: 1 . Copy of Variance Application in duplicate. 2. . Check for $:160.00 filing fee: 3. Environmental assessment form. 4. $15.00 check for environmental assessment filing fee. 5. 15 copies of Plot Plan, composed of the final map sheet for Tract 5554 .indicating location of Maintenance Buildings, and architectural drawing indicating floor plan, relationship to adjacent curb and right of way, framing plan, foundation plan, and various architectural, details of the proposed buildings. Please note that this project is within the boundaries of. the City of Palm Desert. The applicant and land owner for this project is SILVER SPUR ASSOCIATES, P. 0. Box 1727, Palm Desert, California 92260; Phone: 346-5579- Please contact this office if. you need further information or clarif- ication concerning this application. We would also appreciate receiving copies of correspondence relating to this application. Please advise the applicant and this office of the scheduled time, date, and place of hearings before the Palm Desert Planning Commission and City Council on this matter. PACIFIC RIM — Administrative Offices: 17962 MmvALE AVENUE NORTH, SEATTLE, WASHINGTON 98133 r May 23, 19i • Mr. Gerald Dupree page 2 q Thank you for your courtesy and cooperation in this matter. Sincerely, PACIFIC RIM D. H. Shayier DHS/bld Enclosures cc SAVER SPUR ASSOCIATES City of Palm Desert PACIFIC RIM ENVIRONMENTAL CONSULTANTS LTD. 73-893 HIGHWAY 111 PALM DESERT, CALIFORNIA 92260 APPLICATION FOR VARIANCE Case No. As Provided by Article XIX of Zoning Ordinance Zone ORDINANCE NO. 348 COUNTY OF RIVERSIDE, CALIFORNIA. TO: THE RIVERSIDE COUNTY PLANNING COMMISSION: I. NAME OF APPLICANT S I LVER SPUR ASSOCIATES, A GENE Ag PARTNERSHIP A. Only the following persons may file. Applicant must indicate under what capacity he is filing by placing (x) in block provided. ( X) 1. The record owner of the land. (If in escrow, give Escrow No. (' ) 2. The purchaser thereof under a contract in writing duly.acknowledged by both the buyer and the,seller. (COPY OF CONTRACT MUST BE ATTACHED.) ( ) 3. The lessee in'possession of the property, with the written consent of the record owner. .(WRITTEN AUTHORIZATION..MUST BE ATTACHED ) ( ) 4. The agent of any of the foregoing, duly authorized thereto in writing. (WRITTEN AUTHORIZATION MUST BE ATTACHED.) II. PROPERTY IN QUESTION A. Street address of property Portola Avenue Situated on the south side of said street between Ma r i posa Drive and Ouercus Lane B. Legal description of real property located in the County of Riverside must be accurately described as per Riverside County records.Lot 80, Tract 5554, in the -City of Palm De ert, hei ng a portion of the north half of Section 32. . T5S R6E, SBRFM_ as shown on attached pat. (If more space is needed for above description, attach supplementary sheet.) C. :Date of acquisition of property. November 30. .1972 :.(Parcel 1.3, Inst 15$999).:., D. Outline deed restrictions, pertinent to this application.. (Any permit granted. pursuant to this petition shall not affect deed restrictions of record.) None - subject to C. C. & R. s for—Tract 5554 E. Land use of property. Presently vacant Ill. APPLICANT'S REQUEST A.' Outline in space'below in clear and concise wording what you are requesting for the property`in question. Before this application is accepted, there must . be attached 'a' plo't drawn to scale showing boundaries and dimensions of the property, width of boundary streets, all existing improvements on property, and plans and elevations of all proposed new improvements. Applicant must file with this application evidence of his ability and intention to proceed with the actual construction work in accordance with said plans within six (6) months from date of filing this application. Construct two small maintenance buildings; including rest roomsfnr_use of ma i_n-tenance oetsonnel within per i met a I I—s uctu-re_of TraGt�' S54,_ " Bu i dJ_n s to_be_tiot_.y i s i hl e f-ron -any s i dP and to ham-e--no_acc&-sy-to—p-ortol a Ave. FORM i33-3 B. State what exceptionul ur extraordinary circumstances or con difi s there are applicable to the property involved, or to the intended use of the property, and explain why these conditions do not apply generally to other property adjacent to your property and in the neighborhood. Maintenance and sanitary facilities are required for the project, which is the only planned residential development in the immediate meighborhood providing extensive landscaping and other improvements to 'be maintained in common: C. State why the granting of this Variance as requested is necessary to do substantial justice to the applicant and to avoid practical difficulty, unnecessary hardship and results inconsistent with the general purpose of the Zoning Ordinance. Sanitation facilities are needed by all non-resident workers, and the permanent facilities proposed are more satisfactory in every respect than portable toilets used in other areas. Facilities are located to be conveniently accessible to all areas of Tract 5554, concealed in perimeter wall structure to avoid imcompatible or undesirable mixture of activities. D. State why the granting of this variance as requested will not result in material damage to other property in the neighborhood, nor be detrimental. to the public safety or welfare. 7, _. ._._ .. W Facilities will not be' visib.le to adjacent or project residents or passing m otorists as designed to blend with perimeter wall required- by previous approvals. Public safety of non-res i dent-workers.wHI .be protected by permanent facilities isolated from living and recreation areas of residents, adjacent properties, ' and passing motorists. : NOTE: It is desirable but not mandatory to have the' signafure of owneJrs of adjacent property. certifying.that they have no objection .to the establishment of the use as applied for in this application. We, the undersigned owners of property in the vicinity of the property legally described in this APPLICATION FOR VARIANCE, hereby certify that we do not object F to the granting of this application. Signature Address If more space is needed attach supplementary sheet. OWNER'S AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I I(11�& I F t _, being duly sworn depose andJ say that 1 am an owner of property involved in this application and that the foregoing signatures, statements and answers herein contained and the information submitted herewith are in all respects true and correct to they best of my knowledge and belief: SILVER SPUR ASSOCIATES Signed a General Partnership �w by HV Management Corporation, Managing Partner (address) PHONE NO. SubsE VI e� Qn�sworn Subs a —day of_ 19 z� � PE L. CIRCLE PiOTARY PUSLIC.CALIFORNIA PRINCIPAL OFFICE IN _ RIVERSIDE COUNTY My Commission Expires Juna 20, 19T7 o Public) I SILVER SPUR ASSOCIATES P,ECE1V P.O. Box 1727 1974 Palm Desert,California 92260 APR Telephone: 714/346-5579 PALM QESERT.CITY HALL: April 2, 1974 Department of Building & Safety City of Palm Desert Palm Desert, CA 92260 Re: Tract 5554 ' Gentlemen: On February 27, 1974 we requested . a waiver of soil report letter for the benefit of the Department of Real Estate on the above tract. we wish to withdraw. this request at this time as we have obtained a soil report to furnish to the Department of Real Estate. Very truly yours , SI VER SPUR ASSOCIATES Gerald A. Mercer GAM:kh REC�i'VC,D APR 11974 e ¢ PALM DESERT CITY HALL oN�TY RT,v-ERStDE Ma,—xa ' Tepantlmelnt o f TuOdiq alnd Safety Hall of Records, Room 114 4080 Lemon Street Riverside, California 92501 (714) 787-6146 March. 28, 1974. Mr. Harvey Hurlburt City.Manager" City of Palm-Desert P. 0. Box 1648 Palm-Desert,.CA. 92260 ,,t .., . Dear Mr. Hurlburt: Re: Tract :5554,. Ironwood It is our understanding from talking with the owners of the above referenced project, the Southern- California Testing Lab. will submit a soil report for the tract prior to the recordation of the map. This Department does have on file -a, soil .report on Tract 5053; however, this report does not cover the soil outside of the tract described. In view of the above, the .report from Southern California Testing Lab will take the place of a waiver as stated in the Health and Safety Code. Yours very truly, DEPARTMENT OF BUILDING AND' SAFETY C. tnt Director. _ cc: E. E. Overholtzer ' Indio District Office l March 14, 1474 Mr: Raymond Smith Building Director Hall of Records _ . 4030 Lemon _ Riverside, California Tract #5554 , Ironwood Dear Ray: I am enclosing a request from Silver Spur Associates asking for waiver of a soil .report on the above referenced tract. Apparently such waivers. were issued for. tracts 4685 and 5053 which are immediately adjacen.t. to this area. I have no knowledge of the -soil conditions in this area but have again been assured by Don Shay.ler of Pacific Rim that a waiver should b.e .in .order.. Since authority seems to be vested with you to.. grant such waivers we must rely on your judgment. As a side comment, however, it would seem to me that the city and county would be .better protected if such waivers were notgranted too .easily_. , Developers always like to save a buck anit I can'.t blame them for that , but unless you are confident that- .you or -your staff have first s hand knowledge of the area I wouid. refuse ..the waiver. Yours very truly, E.R. ASMUS for Harvey Huriburt City Manager ERA:mp Encl. March 13, 1974 Silver Spur Associates 73-94.1 Highway 111 Palm Desert, California Re: Tentative Tract 5554 Dear Sir: The Palm Desert City Planning Commission considered Tentative Tract 5554 at= its r.egul.ar meeting on March 11, 1974 a.*dwkt. .the. same time considered your .application 1o.r,. plot plan approval of this proposed project. While the Commission gave tentative approval to .the su.bdivision,.map, they continued your plot plan application until April 8, 1974 in order to provide you with sufficient . time to prepare a .zomp.lete landscaping, and grading plan, in particular.. .. ..If you can complete your work approximately two -weeks in advance 'of the April 8th date, this matter could again be considered by the Commission at. ..its first meeting in April. Yours very truly, L. R. ASMUS ERA:mp - Copy to : Pacific Rim n _ w o-f e PLANNING COMMISSION d+ ELMER M. KATZENSTEIN, Chairman, Rubidoux Ex-Officio Wt 0VNTY - _ KAY S. CENICEROS — Hemet B. D. POWELL, County Surveyor and RIVERSIDE H 1s9 JESS E. LILLIBRIDGE, Corona Road Commissioner KAY H. OLESEN, Palm Desert FRANK C. SEELEY, County Assessor WM. G. ALDRIDGE, San Jacinto RAY T. SULLIVAN, JR., County Counsel RUSSELL E. CAMPBELL, Blythe MARION V. ASHLEY, Perris HAZEL I. EVENSEN, Secretary KDD:2258:DO "° WM. R. LIVINGSTONE - PLANNING DIRECTOR 4080 LEMON STREET, ROOM 101, RIVERSIDE, CALIFORNIA 92501 TELEPHONE (714) 787-6181 .March 12, 1974 Indio Administrative Center 46-209 Oasis Street, Room 304 Indio, California '92201 (714) 347-8511, Ext. 278 City Council City of Palm Desert 73-021 El Paseo Palm Desert, CA 92260 SUBJECT: TRACT NO. 5554-PD SUBDIVIDER: SILVER SPUR ASSOCIATES SCHEDULE: "A" CITY COUNCIL AGENDA DATE: 3-14-74 Gentlemen: The above-listed subdivision, subject to the attached conditions, was recom- mended for approval by the Planning Commission-at its regular meeting of March 11, 1974. Enclosed is the tentative map, the proposed conditions and copies of the Health Department and Flood Control District letters on the subject matter. This matter must be set for. publie, hearing at 7:00 P.M. on the City Councils agenda of March 28, 1974, at which time the City Council must approve, con- ditionally approve or disapprove the tentative map, unless the time limit is extended by mutual consent of the subdivider and the City Council, The provisions of CEQA have previously been complied with, with respect to the project, and there has been no substantial change in either the project as originally reviewed or the circumstances under which the project is to be undertaken. It was found by the Planning Commission that the subject tract is consistent with the Riverside County General Plan of Land Use, The Subdivision Map Act provides that approval of a tentative map shall ter- minate 18 months after the date of approval by the City Council unless an extension of time is subsequently granted by the City Council, If the sub- divider is unable to record a .final map within the 18-month period, he may file a request with the City Council for a one-year extension at least 20 days prior to the last City Council meeting prior to the expiration date: If he is unable .to record a final map within the one-year extension, he may request a second extension of time by following this same procedure, ' Tract No. 5554-PD City Council Page 2 March 12, 1974 The subdivider is advised by copy of this letter that the sale of any lots in a subdivision until such time as all conditions of the subdivision have been complied with and the subdivision has been recorded, is a violation of Section 11538 through 11540 of the Business and Professions Code. The subdivider is further advised that road improvement standards have been adopted by the City. These standards are on file in the office of the Commission, the Surveyor, and with various engineers and contractors throughout the County. Before entering into any contract or performing any work, the subdivider shall review the current standards. The sub- divider is further advised that no improvement work will be approved ex- cept as it is executed according to specific plans and filed with and approved by the Road Commissioner prior to the commencement of any work. Very truly yours, CITY F PALM DESERT PLANNING COMMISSION James L.. Whi e - Ac ing Pla4ping Director KDD:GWD:sh U cc: Riverside Office Mayor/Councilmen (5) Subdivider Silver Spur Associates Engineer Pacific Rim St. Div. of Forestry St. Div. of Real Estate P. Stout (2) Riv. Co. Health Dept. Riv, Co. Land Use Div. (2) City Bldg. Dept. (2) Clerk of the City City Office Title Co. Flood Control C.V.C.W.D. 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J_�._.. -. ,»a•w r..._...a„..`.i�'. _....'y,..t.,_.{..-.. .+ ,. ...� --.,.. .c.,..�.<. -.i. v.... { _.-_.. o E (1191E w E D FEB 2 8. 1974 PACIFIC RIM PALNI DESERT, CALIF. F .EPARTMENT OF FIRE PROTECT w1r , . jt fs+� IN COOPERATION WITH 'rHE CALIFORNIA OMSION OF FORESTRY J. ELMER CHAMBERS P.O. eox 248 COUNTY FIRE WARDEN C STREET & SAN JACINTO AVE. PERRIS, CAL-IFORN(A 92370 TELEPHONE (714) 657-31a3 February 15, 1974 Riverside County. Planning Commission 4080 Lemon Street Room 101 Riverside, California 92501 Reference: Tract No. 5554 P.D. Gentlemen:. :. Zoning for this tract permits construction that requires substantially _ more than Schedule "A" fire protection. The Riverside County Department . of Fire Protection has included fire protection conditions into Conditional Use Case No, 1382. , The Developer should be aware that requirements for fire flow will be substantially more than that required in Ordinance 460, and all fire hydrants will be standard #701, Riverside County Ordinance 461, For your information, -we are attaching. a copy of the original conditions. J. LMER CHAMBERS ty re Warden RGE J SCHULiEJANN Fire Protection Planning and Engineering Officer GJS:jI D P AC1��C �t1N1 t Er7 t GPt tip. r� r ` t,• , y � .ri r�, ak.«qs � .! � c-s ti.3 1 _s �!Y ""1 nra _:a-.i�y a a aim .. ..•� :u:o g �':> rt r:'y is.z�n .. :� 'rr r n t• ., eat �t .. - _ ....�Z!^ A:_!•.a...?xili„"aRk�GlH v`.:a',.�h5W - ., ., it+ - . � - - `N+L:cAR \Y9icih7.f•lD:ib'�i • - _ _ ;'<u»^.S>a'*ir ysa RILL, r:,MEYS ;''.'VE'i _ i 7. :t>_':l'•`'✓ tui L :^ni•? 3?'3r'ii"f l,'!C�' S-F:_:t>a.'i ... . r7' ,lr. �'? .l - - PD ( C t.. �J •�� _.i?3. i��4'.�.I � ! -ee - _ .�o C��.i "V a,•_. c. i r:r{\ ',;0 .3t V.. i,CSx�j >4 ;s+„L .,�. ': � 1 .T.`�ar r �n S'��J .plc � .`jdv ' .`r. l,Y"_-'�.a.r. .. SJ r 7 ,•' f K fj y3 ter`:, .. Z.r;2v. s. - - - - rc..r.'.?•'. �! ..:" .,:1:5 Y*r. t .. �� i... �.S,.i-tJ, ,�.�r:.e3;:rj .'fit., ., a s =may s k3. i VaT : D CO r OF AVROVAL FEB 2 8 1974 TRACT: OR CONDITIONAL USE tn a PACIFIC RIM PALM DESERT, CALIF Avachyantjo1 .re-; '✓ ? J !y;' ? Way PIPANg COGM0501 Wea r'b i1cry le !y% $ WWI Nap No, m Date canjijfona� Se Case 11 _.-a...-.a...r,n. be annexed to 1� .�. .... _. � _. C._7' 1.S�,.%k — - 0'r Z h cam. d..,.'<_?y... 3 if? CQqYAtN UZ •S'. for doze_ W mC yathr servkry" , AM Xn-".,.. ._ .11.3 _,.i:+! '� La, �'�i I�i,�..:::.". v�i.' �, :, ,.i? -�..:'�$ Sr:a Ti a' t,r :5z; ..,.. Un i a of the , �..,..� i ra.f 'y Munty Water ..,, Ra.o.' ,..�, .. ... I „a .:} .:i.h:-1: a shahconform noProvislann _,fir' '<`g .. a .Y., for ... rf.v to, w. a ie v b':.1>1 SWAP• a1 4 ePd ocard J a. These skesishaW e. 9hoin no Con tpfn ft WHO be .... __...:::.�_.;--,:Y......._ ,_._.�-_:�:s:.•.i•-ass-��<::`.:-ram.,-.-_�"--•r._�-..�-a,�_»-_ �:_:,,.-=...=-�.��.a..,<-�:,�.>.Te..:,-n-z-�..-.:-..�_,T.,..- _.�..+c:�::r�,r..x-m .:.c=>:<_•<...._,._,__-s:,,-.max—.�.un:,,.rY•..,�_�nn: �-=..-t::_,���-_.�:. .......,��..::.-.__v-.:,.e-.:.�:>_-,.,ar-._r:•::.:Wiz:,..��-"rc...._:r.:��c.,-�_�..._..-. -. ..�,.-�-,.,-_-..,...._.-,..,:-,-_-...-x- _..=.-a u.,..:.:.x. .._-�...._�`•__,..4-w-sysr:,•-.�_.-xr.__z-'.._�..�_.__..�.._.._�_r.�...�. _ r-_.,=.~u__�z-,+ a .PACIFIC RIM ENVIRONMENTAL CONSULTANTS LTD. - t COMMUNITY PLANNERS-DEVELOPMENT ENGINEERS 73-893 HIGHWAY 111 PALM DESERT, CALIFORNIA 92260 (714) 346-6041 346-4487 DATE: March 7, 1974 TO: City of Palm Desert 73-021 El Paseo Palm Desert, Calif. 92260 . a ATTENTION: Gene Asmus PROJECT: Tentative Tract 5554 DESCRIPTION. OurrFi le No. 73-006 COMMENTS: Enclosed as discussed yesterday are 6 prints of the subject map, indicating minor realignment of Lots 56-58 in conformance- with the architectural plot .plan on file in your office, both of which are scheduled for consideration of the Planning Commission on March 11 , 1974. PACIFIC RIM ENVIRONMENTAL CONSULTANTS LTD. DHS/klm ;J cc: Al Fortier �^ BY: D. H. Shayler City of Pam Desert TENTATr..,TE sR..CT NO. 5554:-PD Envirour eotal AssessrnejA No. Z4-PD Related File: CU 138Z- E Date: March 111, 11,974 Agenda Item No. .MANNING DEPARTIViE T REPORT ' RECOMMENDATION: APPROVAL, subject t* the proposed conditions. FACTS: 1. Land Divider: Silvea. Spur ,Associates 2. Engineer: Pacific Rim 3. Type of Land Division: P.R.D. 4i Location: Boat, of Porkola, West of Mariposa D raE'le 5. Ntu-nbew of Lacs: 76 6. Number of Toil Acres: Z$ 7. General Plan. Designation: Cove Communities - Medium Density R€asidentisi 5-10 units per acre); Cross D ensikv(z. 7 cutit's per acre) a. Existing Land Use: Vacant 9. Existing Zone: R-2-8000 aA. Land Division Conmait-ee PAtg; 2119/74 11. Improvements: Roads -, Pottola Ave - General Plan of Highways Voter & suer - As per le er Flood Control - As per lefter Fire Dept - As per CU 1382E ANALYSIS: 1. EavirQ .eznUI Assessmenh The provisions of CEQA have previously bee-at complied with, wiVh respect to the project, and there has been ace substantial change in either the project as originaLly revi.evied or the ci.r- carnstances under which the project. is to be undertaken. GWD: D:sh �l25f'�4 CONDITIONS OF APPROVAL TRACT NO. 5554.-PD 1. All improvements shall conform with County Subdivision Standards Schedule A unless modified by these conditions. 2. Port6la Avenue shall be improved with asphalt concrete paving and concrete curb and gutter located 76 feet from the cen: arline within a 100 foot width dedicated right of way or as approved by the Cotuity Road Commissioner. 3. N o'private streets shalt not be dedicated. 4. If the subdivider does azny lot grading he shall submit one reproducible brownline and four prints of a comprehensive grading plan to the Riverside County Surveyor'a Office. Prints of the grading plan will subsequently be transmitted from the Sur- veyor's Office to the Flood Control District and Department of Building and Safety for review and approval and shall be In compliance vAth the Uniform Building Code, Chapter 70, as amended by Ordinan,c,3 457. S. The subdivider shall submit for approval a. soils report for stability and geological study to the Riverside County Surveyor's Office prior.to recordation of the final map. 6. Street names for the proposed subdivision shall be subject to approval by the County Road Commissioner. V 7. A water and sewer system shall be installed in accordance with the provisions set forth in the Riverside County Health D:partment letter dated February 19, 1974, a copy of which is enclosed. 8. ]Prior to recordation of the final subdizi.sion map, the applicant shall submit to the Commission the following documents v-hich shall demonstrate to the satisfaction of the Commission that the total project vAl l be developed and maintained in accordance with the intent and purposes of the approval: a. The document to convey title. b. Covenants and restrictions to to recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the p=pject. 9., The approved documents shall be recorded at the same time that the subdivision map is recorded. floe A management. company with the unqualified right to assess the owners of the i di.- vidual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall iiave the right to lien the units of the CONDITIONS OF APPROVAL TRACT NO. 5554-PD Page Two ®vMers who default in the payment of their assessments. such lieza shall not, be subordineue to any encumbrance other than a first deed. of trust provided ouch deed of trust is made in good faith an for value .and is of record prior to the. lien of the management cosy p-any- I \11.) Provide easements for roadway slopes, drai�aag;e facilities, tatilit es, etc. and dedicate ors the final asap if within tract boundary. i . 'In regard. to Aood control protection, the following requirements as outlined in fi the Coachella Valley County Water District letter. dated Febr uary 4, 1974 shall apply. i' '; In regard to fire protection., conditians were set within Conditional Use Case Number 13824E. : 14. A va .d conditional use case shall be irB effect atthe time �€ recordation ®f the { final. map and the tentative nap shall be in substantial conformance with the plat clan. .in. app cation,shall be processed through L.A..F.C.-for a new cr arity Service Aw pa or for annexation to an existing serVit-e-area if street lighting is requii6d. 2/25/74 NOTICE OF ACTION BY CITY COUNCIL CITY OF PALM DESERT, STATE OF CALIFORNIA RE: TRACT NO. 5554-PD ACTION: Approved Denied Continued Other REMARKS : Subject to conditions dated March 11, 1974 Roll Call resulted as follows : Ayes : Unanimously Noes : Absent: ��►csY�Y�Y k9c*�c�c*��k�r3c�Y��cirh*���YsY��'can'r�'c*�c�'c�c�'ck�'c�'c�'r:c�rk�c Ic�c��c�'k�Y�rk��e�c�Y��k9c�k�'c�r I hereby certify that the foregoing is a full, true and correct copy of an order made and entered on March 28, 1974 Book , Page of City Council minutes WITNESS my hand and the seal of the City Council Dated: Clerk of the City Council in and for the City of Palm Desert, State of California By . Deputy ,�i ;•; 24-PD ?' *-- �';� :)T� -trr,>;,^Jr• .. � 'S''=�j� :�f ?'i ° _-.� �it! ja._,_._ sih._'-•-- ---• 1^-- - ...,3.') .T.odd-F Beeler` �------ - ----• —February-13, 74 . `, �t:,!_ ;f• Ironwood Country Club t Silver. Spur Associates 73-941 Highwaylll. Palm Desert,_California 92260 a,`_' .. Tract 5554-PD, Planned REsidential Development i tin n4 � + > l tV VV r¢ 0J;-,dr i.1 { 7;j �J the , �t L � l ii1 ii Ai— TO - - - Tar. the PF o -er-r � p y '- r :.7 t' - �y s:1 •ebin7, ;r � � ,3�i.L iJ '.��5. j �i, t.t ii: ,+. �'FL i•7 L _ b,.. 3Si,7c - i V�T J T 1i. i � '+T"C;L'ijit'3 i1�5 (�, �.�: }}'' it�t,'i� �)i 2`:FG�tr79}' Lsi'f} i !S s�si W-h, .V;i A t Lit��'.. ~'�;�''��� Ct�)'..11 1!:'i �;.as b.eeii i`(1 S:�i;'S:.�'ii C.I.i'}1 T~i{!:ii. `.?. -�. i 'ts'��,S���i i..':-:y ( •C�.'r 1, c"5 n il�lii .%. ice: 5.r.�',fi �: �.ftFrcui1,�>L�i?liyC). t7^'.•:.:" �-4?��� t..,l_ .!J• l`; 0i oij or En VZ ) : i S•^_ i `? , EIR for "Silver Spur," 6-72, it _given also 2-73 :Z. -1f1av u lE'.LZ.v CZ iJ•.., -.,�}`� r= -✓-.. e.. i .� €'': 4iy t+.. _ 7;:7? i•J .:`^��1�i.1 .f..0 C �. ,._.E� fi �,�•T �.i: ii:.. �'i`•i �' 4_'tx.. 7:� . :.� i,�Y �. ,,., !Y' `s,Zi�r` r t-D 1 ` yv a: %d:f?+ iLI :'C't,i:ii,. J�'n C;' (•C',!s.�• .s�? i�:�i{v3 "�,'�' ._. - .. �17(. or', 1 .ill. E�_.. ... i�s .a �w{ V.. ..k.w >. 1 }�: �,{ a n`� 5S "*"i. Z < drl5 ,7 i{� ,,•ni '�. }�.� 1 ;i:•. is r," �:,..."i ;� ' or to .-..._... �t 1• ./ Lam` f •.f`J V�h 41`�'. .7 1, Iii:! l.J 1. 'it i � - - T- , CC: Desert Office FEB 15 1974 Staff Only Ca a No .. Receipt No , Received b ENVIRONMENTAL ASSESSMENT. FORM CITY OF PALM DESERT . .TO ACCOMPANY ARPLICATION FOR Tentative Tract 5554 Plot . Plan Appro.va.l (Type of Permit) Ironwood County Club Palm Desert California LOCATION Y Address APPLICANT Silver Spur Associates 73-941 Highway III P. D. 346-5579 (Please. print) Address Telephone I-. Background Information 1. . .Bziefly. describe the nature of the project or. activity. Planned ..Residential Development (Ironwood Country Club)., .composed .of 74 s-ingle story. re.sidential dwelling units, 2 golf holes, and landscaped` recreational areas, contiguous -to the .dwelling units. 2 General location. .. . . In the.. southern end of the City of Palm Desert, fronting on -'the extension of Portola Avenue. 3. Legal description. of project site , A port.ion of the north half of. Section 32, T5S, R6E, :S.6..13.,0. 4. ... Describe the project area, including distinguishing. natural and manmade. characteristics . Immediately., north of and adjacent to the first 2 increments of Ironwood Country Club :development. (Tract 4685 and.. 5053) • . Area partially cleared and graded by construction activityin adjacent development. No distinguishing .natural characteri.sts.. . S. Is . .the project a phase or a portion of a larger project? If so, identify larger project. . Yes. Ironwood 'Country Club (Conditional. Use Case 1382, . County of Riverside) . : Previously recorded increments include. Tracts No. 4685, .5052, .and 505.3• 6. Has an Environmental Assessment or Environmental Impact' Report previously been prepared that includes the project? If so , give date submitted and title of project . Yes. Environmental Impact Report for '!Silver Spur" p.roJect prepared and submitted in June 1972 for the_project as a whole and Tract 4685. This report also .considered .in (below) 7 . . List every other public agency from whom a -lease, permit , license , certificate , or other entitlement for use is necessary before completion of the project . All agencies normally required to: process and record a subdivision map,. 6. the approval of subsequent .TTracts 5052 and 5053 submitted in. February 1973. 1 II .. Assessment of Environmental Impact Please answer the following questions by placing a check in the appropriate space. (The applicant should be able _to. explain or substantiate his response to every question . ) A. Characteristics of the Natural Environment YES � NO :" 1 . Land (Topography, Soils, Geology) , a . Does the project site involve a unique landform or .biological area , such as beaches, sand dunes , marshes ; etc;? X b. Will the project involve construction on slopes, of 25% or greater? . X c. Is the project to be located in an area of soil instability (substance, .landslide or . severe erosion) ? X d. Is the project site located on, or X. adjacent to a known - earthquake fault?. 2 . , Water a . Is the project located within a flood plain? X b . . Does the project involve a natural drainage channel or streambed? X 3 . Flora and fauna a. Are there any rare or endangered + species of plant life in the project area? X b. Will any mature trees be removed or relocated?. 1 X C . Is the project site adjacent to , or does it include .a habitat , food. source , water source, nesting place or breeding place for a rare or endangered wildlife. species?. X d . Could the project affect fish, X wildlife ,, reptiles, or plant life? e . Is the project located inside or within 200 f t . of a fish or wild- life refuge or reserve? X YES NO 4 . Potential Alteration to Natural Features a . Will the project result in the removal of a natural resource for commercial purposes (including rock, sand, gravel , oil , trees, . or minerals? X. b . Will the :project involve grading in. excess of. 300 cubic yards? X. ` B. Potential Direct. Impact of Project . 1 . Impact on existing physical surroundings a. Pollution (Air, water, noise, land) (1) Will the project create dust , fumes , smoke or odors? X (2) .Will the project involve the burning of any material , in eluding brush, trees and con- struction materials : X (3) ' Is the project expected to result in the generation of noise. levels in excess of those currently existing in the area? X... (4) Will the project involve the application use, or disposal of potentially hazardous materials , including pesticides , herbicides , other toxic substances or radio-_ active material?, X b . Applicable Pollution Controls and Standards (1). Will the project require a permit or other approval from any of the. following agencies : X State or Regional Water Resources Control ,Board X County Health Officer X: Air Pollution Control Dist . X City or County Planning Commission X U . S . Environmental Protection Agency X County Airport .Land Use . Coma X . 3 YES NO (2) Does the project require variance from established environ- mental standards (e . g . , air quality , noise , water quality)? X 2 . Impact on existing facilities and services :. a. Circulation. (1) Is the project expected to cause noticeable . increase in pedestrian traffic or a change in pedestrian patterns? X (2) Will the project result in noticeable changes in vehicular traffic patterns or volumes (including bicycles)? X (3) Will the project involve the use . -. of off-the-r.oad vehicles of any kind (such as trail bikes) ? X b. Water Supply and Sewage Disposal (1) Will the project entail the. acquisition of water from wells or ,-surface sources for commercial and/or domestic use? X.. . .(2) Will septic tanks be utilized for .sewage disposal? X C. Demand for Service from Special Districts and/or. Municipalities or County (1) Will the project require the extension of existing public utility lines? X (2) Will the project require public services from an agency , district or public utility which is currently operating at or near capacity? X 3 . Miscellaneous a. Will the project employ equipment which could interfere with existing communication. and/or . defense systems? X b. Is the project located within the .f1ight path or noise impact area of an airport? X 4 YES7 NO C. Potential Indirect Impact of Project 1 . Land Use a. Is .the proposed project expected to result in other changes in land use , either on or off the project site? X b. Could the project serve to encourage development of presently undeveloped areas ; or increase in development intensity of already developed areas (examples include the introduction of new or expanded public utilities, new industry, _ commercial facilities or recreation activities) ? X c . Is the project adjacent to or within 500 ft . of an existing public facility or site for same? X d . Is the project inconsistent with any adopted general plan, specific plan or present zoning? X e Does the project . involve lands currently protected under the Williamson Act or an Open. Space Easement? X 2. Visual Impact a : Is ,the site for the proposed project adjacent to a designated Scenic Highway or within a Scenic Corridor? X b . Will the project obstruct any scenic view from existing residential areas, public lands , or public roads? X 3 . Social/Cultural Impact a. Will the project require the re- location of housing or business in order to clear . the project site? X b. Does the .project site include or affect a known historical or archeological site? X 5 III. Statement as to Significant Environmental Effect If you have answered yes to one or more of the questions in Section - II , but believe the project will have no significant adverse environmental effect , indicate your reasons below. Grading quantities in excess of 300 yards are normal for projects of this size.. and type. Dust .and noise may normally be expected. during the grading and construction phase of construction projects of: this size and type.. Construction related nuisances to adjacent .residents will generally be confined to those new residences .within.previously :constructed"units of'tlie` project. ..The .nearest residences to the north are se parated. 6y approximately 300 feet from the construction areas.. .Perm.its for use and/or construction will be acquired from all pub;l.ic agencies- -normal ly required .for processing of subdivisions. Construction of the project will- include the extensio.n. o.f Portola Avenue westerly to Silver. Spur Trail , thus providing a continuous paved traffic lane from Highway 74. to the developed area. of Palm Desert vi-a P.ortola Avenue. " Project residents will likely make use .of electric golf carts within the project, which - includes golf course'facil.ities. No dune buggies, trail bikes, and the .like are anticipated within the. project. The project will . include .normal installation of :public utility facilities to serve the project. .from exist ing 'facilities immediately adjacent. It is ,believed the project:.wi11 result in no substantial adverse environmental effect in any manner.. This has been .the finding of the staff,- Planning. Commission, and. Board of Supervisors of the County of Riverside in the . consideration of. the previous 3. increments of this :development. To the best of my knowledge,. the above information is true and complete . Date Signed (Project Sponsor) By , Title Phone SILVER SPUR ASSOCIATES a. General Partnership by HIV Management 6orporati.on, Managing Partner ` ZIn1 �a IA jC Rim ENVIkONMENTAL CONSULTANTS LTD. COMMuti1TY PLANNERS:.DEVELOPMENT-ENGINEERS - r 73-893 HIGHWAY 111 t -PALM.DESERT, CALIFORNIA 92260 (714) 346-6041 346-4487 DATE: Apr.:i 1 23 1.974 TO: Riverside County Planning Department . 46-209 Oasi Street Indio California 92201 ATTENTION: . Mr. Jerry Dupree PROJECT: Tract 5554° Minor Chan DESCRIPTION: Our F i .l e:No 7 -1 2 COMMENTS: Six Prints.of the subject map revised to conform with the existing ,zoning.. of the .City of Palm Desert enclosed at the request of Ed Wright We under- .,s a.nd .this matter will be scheduled .for consideration as a minor change to the, tentative map. PACIFIC RIM ENVIRONMENTAL CONSULTANTS LTD. cc: Mercury Enterprises D.HS/rs BY D.H. Shayler OFFICE OF THE 'RAY T.--SULLIVAN, JR. COUNTY COUNSEL counry counsel COUNTY OF RIVERSIDE DEPUTIES JAMES H. ANGELL LAW LIBRARY BUILDING JOEL,-BrtAND 3535 TENT L - H STREET W• W. MILER ASSISTANT TILDEN L. BROOKS -GERALD J. GEERLINGS SUITE 300 STEVEN,A. BROILES . SENIOR DEPUTY - .RIVERSIDE. CALIFORNIA 92501' - 'PETER H.'LYONS TELEPHONE (714).787-2421 ROBERT C. CASEY l(r�, G t�'j',j77 ;,'�y'�;I'n(/ R. CLIFFORD LOSER i'6ay �, ��/"'8 �f" l� 1�+ '1_ LOYAL E. KEIR L,i JERRY A. SCH EEfi G ALD BLAN KENSHIP, JR. OBERT WESTMEYER MAY 6 1974 Safeco Title Insurance Company RIVEkSIDE COUNTY Fos.t Office Box Ill. PLANNING COMMISSION Riverside, California 92501 VESERT OFFICE Attehtrion.- . Mr. Rolland Fletcher4 . Jr. , Title Officer: Subjects Tract No0 5554 Declaration of Covenants, Conditions and Restrictions (Silver. Spur Associates Gentlemenx You have referred to .this office for approai the above- listed Declaration fo'r Traci No. 5554, which lies in the - City of Palm desert. .__..�_..The Declaration is acceptable in form to this office* in our ',opinion, hOvIever, the approval of the Declaration is not a planning matter, but is primarily a legal matter; therefore the right of .final decision is with the City Attorney of the City of palm Desert. We conclude that you should . send a copy of the Declaration to I4.r. Dave trwrin prior to recording the Declaration in order to allow him . to make any final decision on the ma t ter. Very truly yours, Ray T. Sullivan, Jr.: County Counsel B . Gerald J. Geerlings Senior Deputy GJGi CC: Per. David J. min, attorney City of Palm Desert Post Office Drawer H Indio, California 92201 County Planning Department 46-209 Oasis Street Indius, California .92201 OF A':Ti0:4 rY CI:Y i.: :iL CITY CF n um rESE?IT, STINT OF C;LIrO^�1h1 1 A TRACT''N&. 5554-PD ACTIC.n. X Approved Denied \ Continued. . Othcr R£MARYS Subject to conditions .dated March 11, 1974 Roll Call resulted as follows; Ayes: Unanimously Noes: Absent: ._ uts���►a�����.�f���r�:��r�r�����::�x�����+r�*t�r���**��t±±ate I hereby certify the 13 a full, true and correct COPY or an order Trade and enrered on March 28, 1974 Eook Page of City Council Minutes VITNESS my -hand and the seal of the City CoLrcil Dated; April 11, 1974 Clerk of the City Council in hrd for the City of Palm De-serto State of California q. is 't4 l r , -` � , Deputy �an��iC > I I. R�nn / i0 $Tcu PLANNING COMMISSION •�� ELMER M.KATZENSTEIN,Chairman, Ru►tlwx Ear-011itia c U r ICEROS CE KAY S. N —t4srsat �. V.- �, ; « � !1.O. POwELL, County Surva7sr one! NiS`F.11S1 a r.r.a JESS E. LtLLIBRIOGE,Cocoas Rand Commissioner f KAY 14.OLESEN, Paint Dow, FRANK C. SEELEY, County Assessor WM.G. ALDRIDGE.Son Joeinto . RAY T.SULLIVAN, JR.. Courely Counsel RUSSELL E.CAMPBELL,Slyth& MARION Y.ASHLEY, Parris HAZEL 1. EVEWSEN,Sotwtory MD:2258:DO WM. R. LIVINGSTONE - .PLANNING NING OIRE:CTOR AM LEMON STREET. !LOOM 101. RIVERSIOE, CALIFORNIA 92501 T;4IR►MgNtR S7td) 767.0160 March 12, 1974 Indio Administrative Center 46-209 Oasis Street, Room 304 Indio, California 92201 (714) 347-8511, Ext. 278 City Council City of Pala Desert 75-021 El Paseo Palm Desert, CA 92260 SUBJECT: TRACT NO. 5554-PD SUBDIVIDER: SILVER SPUR ASSOCIATES SCHEDULE: "A" CITY COUNCIL AGENDA DATE: 3-14-74 Gentlemen: The above-listed subdivision, subject to the attached conditions, was recom- mended for approval by the Planning Commission at its regular meeting of March 11, 1974.. Enclosed is the tentative map, the proposed conditions and copiers of the Health Department and Flood Control District letters on the subject natter. This matter must be set for public hearing at 7:00 P.M. on the City Councilts agenda of March 28, 1974, at which time the City Council must approve, con- ditionally approve or disapprove the tentative map, unless the time limit is extended by mutual consent of the subdivider and the City Council. The provisions of CEQA have previously been complied with, with respect to the project, and there has been no substantial change in either the project as originally reviewed or the circumstances under which the project is to be undertaken. It was found by the Planning Commission that the subject tract is consistent with the Riverside County General Plan of Land Use. • The Subdivision Map Act provides that approval of a tentative map shall ter- minate l8 manths after the date of approval by the City Council unless an extension of time is subsequently granted by the City Council. If the sub- divider is unable to record a final asap within the 18-month period, he may file a request with the City Cuwrlicil for a one-year extension at least 20 days prior to the last City Council Meeting prior to the expiration date. If he is unable to record a final sap within the one-year extension, he may request a second extension of time by following this same procedure. Tract No. SSS4-PD City Council Page 2 March 12, 1974 The subdivider to advised by copy of. this letter that the sale of any lots In a subdivision until. such time as all conditions of the subdivision have been complied with and the subdivision has been recorded, is a violation of Section 11538 through ILS40 of the Business and Professions Code. The subdivider is further advised that road improvement standards have been adapted by the City. These standards are on file in the office of the Commission, the Surveyor, and with various engineers and contractors throughout the County. Before entering into any contract or performing any work, the subdivider shall review the current standards. The sub- divider is further advised that no improvement work will be approved ex- cept as it is executed according to specific plans and filed with and approved by the Road Commissioner prior to the commencement of any work. Very truly yours, . ' CTT•l. PALM DESERT Pi.ANNING COWISSION James D. White -___Acting Planning Director' cc; Riverside Office Matyor/Cotncilmn (5) Subdivider Silver Spur Associates Engineer Pacific RIm St. Div. of Forestry St.. Div. of Real Estate P. Stout (2) Riv. Co. Health Dept. Riv. Co. Land Use Div. (2) City Bldg. Dept. (2) Clerk of the City City Office Title Co. ' Flood Control_ C.V.C.W.D„ File Copy w APPROVO BY. PUMUG CoMm=Iop Marcti 11, 1074 CONDITIONS OF APPROVAL TRACT NO. 5554-PA L All improvements shall conform. with County Subdivision Standards Schedule A. unless modified by these conditions. Z. Portola. Avenue shall be improved with asphalt concrete pacing and concrete curb and gutter located 7€e feet from the corterlisne within a 1 00 foot. width dedicated right of nay or as approved by the Counter Road Cox=Uis'sioner. 3. N private streets shall-..be.dedic&&ed ;.st . 46' If the subdivider does any lot grading he shall submit one reproducible browanline and four prints of a comprehensive grading plan to the Riverside County Surveyor's Offices. Prints of the grading plan wiU subsequently be transmitted from the Sur- veyor's Office to the Flood Control District and Department of Building and Safety for review and approval and shall be in compliance with the Uniform Building Code_ , Chaptors 70, as amended by Ordinance 457. 5. The subdivider shall submit for approval a, snails report for stability and geological study to the Riverside County Surverbrs's Office prior to recordation of the final map. 6. Street names for the proposed subdi.viasion shall be subject to approval by the County Road Commissioner. 7. A, water and sewer system shall be imz4 alled in accordance with the provisions set forth in the Riverside County Health Dmpartment letter" dated February 19, 1974, a `copy of which is enclosed. S. Prior to recordation of'the final subdi�rision map, the applicant shall submit to the Commission the following documents which shall demonstrate to the satisfaction of the Commission that the total project will be developed and maintained in accordance with the intent and purposes of the apgrovaU a. The document.to convey title. b. Covenants and restrictions'to le recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 9. The approved documents shall be recorded at the same time that the subdivision map is recorded. 10. A management company with the unqualified eight to assess the owners of the indi- vidual units for reasonable maintenance costs shall be established and continuously maintained. The management company shall have the right to lien the waits of the APPROVED BY PLAMING COHMSSTON Mare 11, 1974 CONDITIONS OF APPROVAL TRACE' NO. 5554_PD Wage Two c: mers who default in the payment of their assessments. Such lien shall. not be subordinate to any encumbrance other than a first deed of trust provided such deed of trust is made In good faith and for value and is of record prior to the lien of the management company. It. Provide easements for roadway slopes, drainages facilities,* utilities, etc. and dedicate on the fib map if wither tract boundary. 12. In regard to flood control protection, the following requirements as outlined in they Coachella Valley County Water District letter rued February 4, 1974 shall apply- 13. In regard to fire protection, conditions were set within Conditional Use Case Number 1322-]E. 14. A valid conditional use case, shall be in effect are the time of recordation of the final map and the tentative map shall be in substantial conforn-lan.ce with, the plot per. 15. An application shall be processed through L.A.IT.C. for anew Cotmty Service Area or for annexation to an existing service arim if street lighting is required. GWD:KDD:ah 2/25/74 February 19, 1974 Riverside County Planning Commission 46--209 oasis Street, Room 304 e Indio, California 92201 Re: TRACT M. 5554, A planned Residential Development; Being a portion of the t0s-, Sec. 32, T58, ME, ?�s Units. Genxtlemasn The Department of Public Realth has reviewed Tentative 'sap No. 5354 and recommends that A water system shall be Installed agccorddir g to plans and specifi- cations as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted In triplie.8te, with as minimum scalar not less than one inch equals 200 feet, along with the originaal drawing, to the County Surveyor. The prints shall snow the insteivAl pipe diameter, location of valves and fire hydrants; pipe and joint specifications and t1w size of the main at the function of the new system to the existing system. The plans shall comply in all respects with Div. 5, part 1, Chapter 7 of the California Health and Wety Code, Waterworks Standards (A.W.W.A.) and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered eugi.neer and water company with the following certification: "I certify that the design of the water system in Tract No. 55`4 Is in accordance with the eater system expansion plans of the Coachella Valley County Water District and timt the water source, storage, and distributions systems are adequate. to comply with Riverside County Ordinance No. 460." This certification shall be si.gcaed by a re- sponsible official of the water company. The plane must be subuJ tted to the County Surveyor's Office to review at least two weeks prior to the request for the recordation of the final asp. This Depanrtmant has a statement from the Coachella Valley County 'water District agreeing to serve domestic. water to each and every lot in the subdivision on demand providing satisfactory financial arraugem nts are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. Planning Commission -2- February 19, 2974 Tract No. 5554 This Department has sa statement from the Coachella Valley County Water District agreeing to allow the ssubdfvistion sewage system to be connected to the sewers of the district. The sewer system shall be installed according to plans and speci- fications as approved by the district, the County Surveyor and the Health Department. Permanent prints of the plans of the sewer system shall. be submitted In triplicate, along with the original drawing, to the County Surveyor. The prints ,shall show tine Internal pipes diameter, location of manholes, complete profiles, pipe and joint specifications, and the sixes of than sewers at the junction of the new system to the existing system. A single plat indicating location of sexmr linen and water lines shall be a portion of the smrsage playas and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the surer system in Tract No. 5554 is in accordance with the sewer system eaepzansi.on,plazas of time Coachella Valley County Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed tract." This certification ,:shall be signed by a. responsible official of the sewer district. The planes mast be submitted to the County Surveryor e s Office to review at least two weeks prior to the request for they recordation of the final map. It will be necessary ;For the financial arsrangsmaents to be made prior to the recordation of the final map. An acceptable covenant having to do with the maintenance and operation of sewage disposal installations and recreational facilities must be filed with this Department. We '"rill accept thiG covenant an a tentative agreement and it will be necessary to record all covenants or agreements, etc., Involving the recreational and sanitation facilities with the Recorder, County of Riversides, and a copy of the recorded agreement filed with this Department concurrently i it.th, the recording of the fi.naal map of this subdivision. V}}e���p�ryyTp��trupl;e�yours, 9AY v 7 y T S7A WLD M. LaCai.4�hcSO , Dire?ctor. of Public; Health J. Paul. Begley, X.S., Asse z t. Director Environmental Health JPB:tme cc-. Water Quality Control Board, Colorado Region Lloyd Rogers, R.S. JSTAbkl$"€D IN 19iS AS A PUSLiC AG@ �t>r T Rion OACHELLA AELE1 COUNTY WATE,er. DISTRICT PC.,,, rricE G::r Ic°8 COAC'HEUA, CALIFORNIA 92236 : TVi-EPmONF ?7141 ';?•21J1 LiDW[LLO UEtr.S.lMILA:VAJAt:la-GMtf{('4G .41% -`Lf 7. f.•:Nf V+.U,ircw-vtr •r t ,.F A.1+,• . W..LTHR R WRrj1t'P, A44t 1'04 ' - _ Rlfi N'.•,[a'rL ,,':�':+:.L,;Ar)Jetrtee February 4, 1974 File: 01613 . 11 Riverside County East Area Planning Council 46-209 Oasis Street Ind1o, Caiifnrf)ii. 92201 Subject: 'Tract No. 5554-PD,. Sec. 32, T5S, 616E Gentlemen: The above tract lies on the Dead Indian Canyon and Deep Canyon debris cone. This area is protected from stormwater flows by a system of channels and dikes built and ntainta=nevi by this District, This tract may be considered safe from stormwater flows except Jn rare instances. The Coachella Valley County Water District will furnish danestic water and sanitation. service to said tract in accordance with the currently prevailing rCgLulaiJons of this District. The District requests that the attached Conditions of Approval be incIuded with the recaminendat.ions to be made to the Planning Co .mission. Very truly yours ) Low 11 0. Wee General Man ger-Chin Eng veer, OLC:gm f v n Pile No. 0163. ii Coachella Valley County Dater District Coachella, California PROPOSED CONn i T i ONS Of APPROVAL TRACT OR COND M ONAL USE CASE Attachment to Letter to Riverside County Plannina Commission dater! i:ehruary 4, 1974 Parcel Map No. ` Tract No. 5554-i'D Date 19____ Conditional Use Case Conditions 1 . Area shalt be annexed to Improvement District(s) of the Coachella Vallcy County Water District for dozvstic water service. - 2. Area shall be annexed to improvement District(s) No. (s) of th" Coachella Valley County Water District for sanitation service. , X 3. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley Colinty water District. 4. Plans for stormwater protective works shall be submitted to the Coachella, Valley County Water District for review. X 5. The interior drainage shall conform to the provisions of the 10Comprehensive Plan for Surface Water Drainage for Palm Desert" approved by the Board of Supervisors in i468. 6. The District will need additional facilities to provide for the orderly expansion of its domestic water system., These facilities may include wells, reservoirs and booster pumping stations. The developer will be required to provide land on which some of these facilities w M be located. These sites shall be shown on the tract map as lots to be deeded to the District for such purpose. 7. CVCWD-02 t c City of Palm Desert TENTATn"E TRACT NO. 5534-PD Environmental Assessment No. 24-PD Related File: C-U 1382..E Date: March 11, 1974 Agenda.It , No. :PLANNING DEPARTMENT REPORT RECOMMENDATION: APPROVAL. subject to the proposed conditions. FACTS: 1. Land Divider: Salver Spew: Associates 2. Engineer.- Pacific Rim 3. Type of Lamed Division: P.R.D. 4. Location: South. of Portola, West of Mariposa Drive S. Number of Lots: 76 6. Number of Total. Acres: 28 7. General f'lm Designation: Cove Conununitiee - Medium Density Residential �5-�� tRits per axe}; Grow Density(2. 7 annits per acre) 8. Existing Land Use: Vacant 9. Existing Zone: R-Z-8000 lb. Land Division Committee WAg.: 2/19/74 11. Improvements: Roads .. Poitola Ave - General Pkn of Highways 'water $x sewer - As per lefter Flood Control - As per letter Fire Dept - As leer CU 1382E ANALYSIS: ISS: 1. Environmental Assessment: The provisions of CEQA have previously been complied with, with respect to the project, and there has: been no saiebstantial change in either the: project as originally reviewed or the cir- cumstances under which the project is to be undertaken. GWD:KDD:sh 2/2S/74 FE COP IL y n �•�s� a t3�� .��^a;:F,t'i::'f�,"�'�.?is�{tY� ',ie, !S,J�rs��t r'z`f�' •%f1JF 43i tir'y. ' .c n:`xj Z, t _ �`7`. i�. i.J i . dia A x ,. ih ryu►ne�!. � F ,. , �y 4.wr .riT Gt T.;,.✓•�:. .L.v p— AG-. 'b Olt, :5�..:•i,..'s/a.. �-.�«.LY i `,�.''S i.y-ice. `.},f, wL3 rV, 'hSNl cr a - 7 .. rva-S. ATIA # ,. , " „s asry ,,;tirkr 1,< F>rys s :3 ,`3x tC♦" ocjfr ; ,iz"f3""', :..,—A nt urm ' .T.. . . •iS•�C+ 'J€ice Cl:. "?�f'L3 '.' f;v" { 'tj ti. Fsu �'�Y J-J�f.I�b� ��4J' 3L l.'.'�,�' �Ke.:.J-F.0`• .. Jia„:.f axis� "! � - u� CONDITIONS OF APPROVAI, TRACT NO. S 554-PD 1. All improvements shah conform with County Subdivision Standards Schedule A unless modified by these conditions., g. Portola Avenue shall be improved with asphalt concrete paving and concrete curb and gutter located 76 feet from the centerline within a 1.00 foot width dedicated right of way or as approved by the Coa uty Road Commissioner. 3. NIV fl private streets shah not be dedicated. 4. If the subdivider does any, lot grading l:e shall submit one reproducible brownhne and four prints of a comprehensive grading plan to the Riverside Co unty Surveyor'a Office. Prints of the grading plan wgtl I subsequently be transmitted from the Sur- veyor's Office to thhe Flood Control, Iltstrict and Department of Building and Safety . for review and approval and shall be In compliance with the Uniform Building Code, Chapter 70, as amended by Ordinancex 457. 5. The subdivider shell submit for approval a sails report for stability "d geological study to the Riverside County Survey(tr's Office prior .to recordation of the final map. 6. Street names for the proposed subdivision shall be subject to approval by the County Road Commissioner. 7. A. water,and sever system shall be im.t'alled in accordance with the provisions .yet forth in the Riverside County Health ll:partment letter elated February "19, 1974, a copy of which, is enclosed. 8. ]Prior to recordation of the final subdivision map, the applicant shall submit to the Commission the following documents v;•hich shall demonstrate to the satisfaction of the Commission that the total project will be developed aid mairnftBned in accordance with the intent and purposes of the approval: a. ` The document to convey title. b. Covenants and restrictions to le recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. 9. The approved documents shall be recorded at the same time that the subdivision map is recorded. 10. A anAge nt.cosnpany with the aiaxc,ualigi Id right to sassed the otters o€'the i ads- vidual ' ts'for-reasonable maintenance costs shall be established and continuously maintained. The managerhent company shall. gave the right to lien the units of the Ja ��..' , y .s+. v ai r..+ '.�-•-tip^ ~_ a ., ...�^.�_r I;— .-,i • _ ` ,_I 1, , � �- 1YLL�-[�l"r-•; rl y ���. r �r •- 4- _•• `T; T,�. j,t,. G� � .� � ,� QfY�k�T•1••• ' T F?'�a.;f .., L._ . _, j .. w�r •.a'J .,V: t£3:, F�T'�; T)k.C.,£r amb- Q�S1C��i .�O VE3 �f►',L''�7'�G (MGf;.7.;a. fJT.A6�i,S.,*7 Oltic:S _ : rn C.^^.J:•G f.. G3 �.': E± C.iT+T"' �• 'VIC azl s'x�r tr��F7 art; .7ti: �;�-. sbba�a�xp s OCr LZ flLf -;L :. Lp . ^A V-::q CIoajo jcJ; cpv4c;L 10` too SU.Tc;ugcq PI Qrq 1ac,) J21` joL Lcwjtsa �.%;:j sbbro=l "T3q CVV71 Ps ;sJ cvxubjsszc:; aaw CFa rJulicL tom- czget .&oNoa,s 01t7cc ;a ;yc; r,jooq Coupoj, DIO;LYE wq j)sbv4muni n 01 pwj, � : - •v �:::,;c;X p{7�co• BLTup ot ,ejsc 8rsgrrr8 bjsrr /MIT OaPQGdOGVUX P' {;i.S':J.�$C�j �:,. -3 . .L- s��q Icr�L Hugo a srcouyb ,sgsua�7Ao bISW ;o rVC If=AGI.OrgQ C:OM- '. cr.,:r- ^�, 1• 1;fipa 9npT..A7gG3. gOGO tuxt TO; BLEsgxu8 pr. OPsjj Orrpurtf CISO .r,'l QgrCTP7C, 31 M O bLTAsj:o e;r.Ge;e eMj Fjo.' po goqrestcq- LT4s olr tAVX oL so erbbLOA-,q p1L fps COM70% TSO q Coumasr ou%a.• vaq Br;;sL jOcs;Gq S(> x6GY TSOLU ps COUPGLTWO rajf;;,UrU 9 7OJ Try. enjq;.F gGrres.&sq s• g o"Ora yAcurrc eFs77 PG !WbLoaGq sabps: CQMCLc�G I,. .sr c{•:�cs; w c'rrLP tnyr,ou iz;ogT�Teq plL ;jFGgs couc'I;'.Yove- f• VI3 yLubto.-wwGupo e g coatoyw Nisp conwfX aapg;n}rross c;? q1*j%j 'J IY7fVCI inn, 2221-BD r c I CONDITIONS OF APPROVAL TRACT NO. 5554_P.0 .Page Two ovmers .who default in the payment of their assessments. Such lien sha-11 not be subordinate to any encumbrance other than a first deed of trust provided such deed of treat is made in good faith and for value and as of record prior to the lien of the n-aoagement company. 11. Provide easements for roadway slopes, drainage facilities, istilitiea! etc. and dedicate on the final map if within tract boundary. 12. In zegard to flood control protecti.o , the follov inag, a equivenaents as, outline€i in the Coachella 'galley County Water District letter dated. February h, 1974 shall apply. 13. In regard to fire protection, conditions were set withba Conditional Use Cave Number 1382-E. 14; A valid eo-xiditi.onal use ease shall be in effect; at the thue of recordation of the final -,p and the tentative p shall be an substantial conformance wita the plot plan. 15. An application shall be processed through L.A.1%C. for a. new County Service .area or for annexation to a-It ezi.sting service area if street lighting is reauiaed. G' D-KDDa sh 2/25/a4 'OUNr „ + ESTABLISHED IN 1918 AS A PUBLIC AGE PISTR1G, COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 COACHELLA, CALIFORNIA 92236 TELEPHONE (714) 398-2651 DIRECTORS OFFICERS LEO!!I:FNNEDY, PRESIDENT .. LOWELL O. WEEKS. GENERAL MANAGER-CHIEF ENGINEER RAYMOND R RUM.140NDS.VICE-PRESIDENT OLE 1, NORDLAND, SECRETARY GEORGE H LEACH WALTER R. WRIGHT, AUDITOR C. 1 FROST REDIVINE AND SHERRILL, ATTORNEYS V ILLI'%M R GARDIJER February 4, 1974 File : .0163. 11 Riverside County East Area Planning Council 46-209 Oasis Street Indio, California 92201 Subject : Tract No, 5554-PD, Sec. 32, ,T5S, R6E Gentlemen: The above tract lies on the Dead Indian Canyon and Deep Canyon debris cone. This area is protected from stormwater flows by a system of channels and dikes built and maintained by this District. This tract may be considered safe from stormwater flows except in rare instances. The Coachella Valley County Water District will furnish domestic water and sanitation service to said tract in accordance with the currently prevailing regulations of this District. The District requests that the attached Conditions of Approval be included with the recommendations to be made to the Planning Commission. Very truly yours , 1 1 Low 11 0. Wee General Man ger-Chie Engineer DLC:gm i. . File No. 0163. 11 Coachella Valley County Water District Coachella, . California PROPOSED CONDITIONS OF APPROVAL TRACTOR CONDITIONAL USE CASE Attachment to Letter to Riverside County Planning Commission dated February 4, 1974 Parcel Map No. Tract No. 5554-PD Date 19 Conditional Use Case Conditions 1 . Area shall be annexed to Improvement District (s) of the Coachella Valley County Water District. for domestic water service. 2. Area shall be annexed to Improvement District(s) No. (s) of th;:. Coachella Valley County Water District for sanitation service. X ' 3. Area shall be annexed to the Coachella Valley Stormwater Unit of the Coachella Valley County Water District. .. 4. Plans for Stormwater protective works shall be submitted to the Coachella Valley County Water District for review. X 5. The interior drainage shall conform to the provisions of the "Comprehensive Plan for Surface Water Drainage for Palm Desert" approved by the Board of Supervisors in 1968. 6. The District will need additional facilities to provide for the orderly expansion of its domestic water system. These facilities may include wells, reservoirs and booster pumping stations The developer will be required to provide land on which some of these facilities will be located. These `sites shall be shown on the tract map as lots to be deeded to the District for such purpose. .7. CVCWD-021c 4 (Rev. 11-73) ru"IEPARTMENT " OF. PUBLIC HEALTH COUNTY OF RIVERSIDE Health-Finance Building Harold M. Erickson, M.D., M.P.H. . 3575 llth Street Mall Director of Public.Health P.Q. Box 1370 and Mental Health Riverside, California 92502 February 19 1974rrr��� Civ L9 s ' FEB 11 1974 Riverside County Planning Commission R!VERz�iGs C�u:•;;y 46-.209 Oasis Street, .Room 304 P1 ANN!NG OIvIM!SSION Indio, California 92201 f)ESERT OFFICE Re: TRACT NO. 5554, A Planned. Residential Development; Being a portion of .the N12j - Sec. 32,: T5S, R6E, S.B.B.&M. : .76 Units. Gentlemen: The Department of Public Health has reviewed Tentative Map No. 5554 and recommends that: A water system shall be installed according to plans and specifi- cations as approved by the water company and the Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one inch equals 200 feet, along with the original drawing, to the County Surveyor. The prints shall show the internal pipe diameter, location of valves .. and :fire hydrants; pipe and joint specifications and the size of the main at the junction of the new system to the existing system. The plaris .shall comply in all respects with Div. 5, Part 1, Chapter 7 of the California Health and. Safety Code, Waterworks Standards (A.W.W.A.) and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in. Tract No. 5554 is in accordance with the water system expansion plans of the Coachella Valley. County Water District and that the water source, . storage, and distributions systems are adequate to comply with Riverside County Ordinance No.. 460." This certification shall be signed by a re- sponsible official of the water company. The plans must be submitted to the County Surveyor's Office to review at least two weeks, pror to the request for the recordation of the. final map. This Department has a statement from the Coachella Valley County Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for the financial arrangements to be made prior to the recordation of the final map. Planning Commission -2- February '19; 1974 Tract No. 5554 This Department has a statement from the Coachella Valley County Water District agreeing to allow the subdivision sewage system to be connected to the sewers of the district. The sewer system shall be installed according to plans and speci- fications as approved by the district, the County Surveyor and the Health Department. Permanent prints .of the plans of the sewer system shall be submitted in triplicate; along .with the, original drawing, to the County Surveyor.. The prints shall. show the internal pipe diameter, location of manholes, complete.. .. ,,, . . profiles,. pipe and joint specifications, and the size of the sewers at the junction of the. new. system .to .the existing system. A single plat indicating location of sewer lines and water lines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: . .'I certify that the design of the sewer system in Tract'No. _5554' is in accordance with the sewer system expansion plans of, .the Coachella Valley County Water District and that the. waste disposal system is adequate at this -time to treat the anticipated wastes from the proposed tract." This certification shall be signed by a .responsible official of the sewer. district. The plans :must be'•submitted to the County Surveyor's Office to . review at least two weeks prior to the request for the recordation of the final , map. It. will be necessary for the financial arrangements to be .made prior to the recordation of the final map. An acceptable covenant having to do with the maintenance and operation of sewage disposal installations and recreational facilities must be filed with this Department. We will accept this covenant as a tentative agreement and it will be necessary to record all covenants or agreements, etc. , involving the recreational and sanitation facilities with the Recorder, County of Riverside, and ,a. copy of the recorded agreement filed with this Department concurrently with 'the recording of the final map of this subdivision. Very truly yours, HAROLD M. ERICKSON, M.D. ,M.P.H. Director of Public Health � j J. Paul Begley, R.S. , Asspt. Director Environmental Health JPB:tms cc: Water Quality Control Board, Colorado Region . Lloyd Rogers, R.S. PACIFIC Rim ENVIRONMENTAL CONSULTANTS LTD. - - i, COMMUNITY.PLANNERS:-DEVELOPMENT ENGINEERS - r' 73-893:HICHWAY 113. xS'tie' PALM DESERT, CALIFORNIA 92260 ' (714) 346-6041 January 22, 1974 LJA N J, PLANNING COMMISSION DESEi 1- OFF;C[ Riverside County Planning Commission 40.80 Lemon Street ' Riverside, California 92501 Attention: : Mr.. William P. Padavick Subject: Tentative Tract 5554 (City of Palm Desert) Our File No. 73-006 Dear Mr. Padavick: Enclosed for filing are the subject map and. related material as follows,: 1 . 25 copies Tentative Map 2. Check for filing fee in the amount of $529.00 3. Environmental Assessment Form and a check for $15.00 4. San 53 letter from Health Department 5.. Application for Land Division This Tract is the fourth increment of the project approved as Conditional Use Case 1382; environmental questions are referred to the report covering the entire project filed with Tract 4685. S i ncere-ly, PACIFIC RIM t �D. H. Shayler DHS/klm Enclosures PACIFIC RIM — Administrative Offices: 17962 MEDVALE AVENUE NORTH, SEATTLE, WASHINGTON 98133 rACi- Rim ENVIRONMENTAL CONSULTANTS .LTD. - F - COMMUNITY PLANNERS-DEVELOPMENT ENGINEERS 73-893 _'HIGHWAY III PALM DESERT, CALIFORNIA 92260 (714) 346-6041 346-4487 DATE: January 28, 1974 TOi Riverside County Planning CQnim.ission 46209 Oasis Street Indio, California 92201 ATTENTION: Keith Downs PROJECT: Tentative Tract 5554 (Palm Desert) DESCRIPTION: Our' Fi le. No. 73-006 COMMENTS: Enclosed are 5 additional prints of the sub-ie-Ct map and one copy of the environmental assessment as requested This will confirm your advice that this Map will be considered bL..,the Land Division Commission on February 19, 1974, and --by the Planning Commission on March 4, 1974, PACIFIC RIM ENVIRONMENTAL CONSULTANTS LTD. cc: Al Fortier BY: D.H. Shayler. Gene Asmus e�t:s.�i .�f�{ � i�.•b# '7f"- V G,f�� � f:... ti. ._.—,.-..__.._...... � e .. ..lr � ,.• _.._. .w.. �,� q_.....__..........._._y.,.......___.....-. ,._.-,..._ ,J a.} .. - _ �.- - ...,l._r. - _ !o .l t .,_ .. � f ._._.... `_ ....-M-..... 1rs ;. i LAN,'D DIV. k G. el:t:t8::awrd ll Re ae-d E Al 'FEE `ZJ I 1.' ':I.i �.J _ w�. ! i r • ..f L ._..... C—/1���Y._..-..._.wr.«.�...-.....,_.... e.ww___�._...._....-._........:...,.. Cr : 3 _ TOTAL ` ... c W%. . -<�t. r:�s,r,r� (:rl;;tre f.:�io i e r ._._._f..._..._�...__._.�...�_..�' ; �' - s.•T ��y z�.= _._.. . _....._ ._ _�__...._.. T•K �} ce t.,i t'tj f•.,> ! l � ^,T7 .4. .....�.-,._-ate. ._......._.�•...._. ..___..« ._.._..u... f ( �. 5.t'_ t ..• �_�' _.....w._ -..� 1.y. .-...,.. /._.._.a. Y F^_...,_�,., •.. 4 J rAd f i 1, �.7:��E:: 1 t e..rid J-.t i -..._ ..r..,..___._�,,......•�,....../../.f, } .-'.le nsi.A f Fya L^-•? al r...?..Gy. - r __ ., R� .._ _� m_ _._.e ._,e :. +..__ /tW_.r:':i ✓ k,b,�r`;; �'R•:`. ___.._._._.. ...,.,._ 1 0 .A�'TC;✓.f.. a_-..__...ter�.au...._.-.n...._.__....� .h.._..�__...n•.n.•...:_n.•..__�� +_. ���s�..J._.._�».�_r_.+.+vn.....r.>�/._........»��..._.._..-n....._.._....�.•._,....•�•...-...__,..n-a r..._ ._.-_.........���'�ICI f•:�h"'�..�.ma�'•�Ysz......_....._...,..«,s.._......_.,.. .�/..a._....................._•..nr....u-.._._.....s.._..w..a......ay... ......_..«.r....au...arn.........-�.........m.._.....,......,..._ .....�...--..,. ..... . F EM)-SL-225 DEPARMW OF HOUSING AND URBAN I)MWPMiI' (8ev.. 11 8�72) 1440 East First Street .Santa Ana,' California 92701 February. 26, 1974 In reply refer to: 'Ws-,N. -Teater Land...Planner (714) 836-2416 ' Planning Director tJW!, 01tyxW County) of Riverside '46-20.9 ,Oasis Street. Room 304 FEB'2 8 I9 4 Indio Calif.92201 RIVERSIDE COUNTY PLANNING COMMISSION DESERT OFFICE Dear Sir: -PD Tentative Tract Yap,No. 5791 has been received and general�;y reviewed. Our comments or suggestions are noted on the submitted map,, which is returned herewith. We have no recommendations to: make on these maps. We thank you for the opportunity to comment. We regret that an uroasually heavy workload has prevented our commenting on the Tentative Tract Naps for some time. we are now attempting to resume this coordination which, .we hope, has -been mutually 'beneficial,, Sincerely, R. L. SUIPS Director Enclosure .'t 24-P9 4 x 1.�•�.i�J Ii:5?!J i� t.�{�i l.,,�r� R i � .j,,:�f, i... .,. t"� t t _ I _._..Todd' F; Beeler..___v.._._..__ February--.13,-'.74 Lronwood Country Club Silver Spur.Associates - .` I t Tract 5554=PD, Planned REsidential Development I TOi?O'vii'1C� is the f'va l ie<lt! 131 i� iii i'1 17i 7 iijf ..`�n y9 flzn - .` t above project: f-1�Kl i. -ii =)�f�C4 G:��. ...':R«t Jf _'.i�'t� 'ha �, •t'4 g r, t us y - • -3i ' h_ i� i r� __� "kin Tyad I.-he provi r � 0t .it.!p .p eYi- ou. Y3 beer, C0 .e.�e i A I ,f'.i'� C)� ;�1.-'- �f J. xi-,_�'. t:. ,1'i� a�:r'ii I?� .Kii,t.r-.? �o' It.�i :.4,. '1 i� c17 .,i i.`-''..!� ��•� 1'i�+.',yy!5�C 1,. ? . ... -- �.. f��,i ie. . 'st•r:.--. i ,...� 115P k..rita <t^.i.'iil �l -.s�..r.'i St'.. `j'` „`,'t� -.r. .,��� �3»i}:3::� -� �?l1 t,�', :. �. i 'cE £'iitf ' j''n ;_-},.. :. Corm2c i 2on 1,ii th, EIRrf-or"Silyer-Spur,-':-6-7.2.,-:_#2_given.._.also.--2.-.7.3_,-��__ -- -}';,.. .�. 11 {�Z Xn ;l i 4� o niat ,✓. J l::A+ a ? _ :, Cl�e'ii��} J .1 g ii ^ 3 si:{ r l L" t •'+i,c _ i}i,''• i ? CI l,�it �. ��! rr i'?'r l s` .d. 'n or!,,1c1 i fi i CLitr1 __r i_ _ �.3 . i./ Jl;. �l _I r,r -..C . ' qq r ta.t t om'"- !1r '.C-;4• e y y. .�.: V .r.(,. )` t " _ .,. :4. fi�i r Is'ii.. �Yi t � f�'� ! t `C Ci S'•r"Tr. f i�� .L ti , ��:`- '�E�a ,i.i. •:"!r;d 4'li�v i i � is �" �' �1?i i^_t?T2 f ,'�'•�4 ?it Use 11,TV'oi'C;ii i^�1 <`;CJS _..J �'i`'!_:?', ^i^;'i�L'ir''.'•'1 i iii;il? 4 �'�iitl�^,`t' 3 {'�'.f1'!'f i7.kj V - } . T a. �d. 1 '../ .r., �� 'r"�`l D; _ •r._ n } ` �,� i 7\t34{'t n;j ;''!'t'?,^' r :r•L r- ^jz S-cr'� ir1 rhai-. he i t� 'i7�t cf („it S' :i�+i. ii,i, is /: ._ Ia_ ] order 4'� C�•,ii iC .'�tFlc� �''.°?a?!. 1e tti, hedjj DE 0 �tfi ,P FEB 15 1974 - RIVERSIDE COUNTY TFB/{ )Pip AC: Desert Office PLANNING.COMMISSION DESERT OFFICE 12-20-7:3 PID 73--7 3 DEPARTMENT OF FIRE PRO i EL71-.rV 3 <�A IN COOPERATION WITH THE CALI,FORNIA DIV18ION'OF FORESTRY 4 � r J.._ELMER CHAMBERS P.O. BOX 248 COUNTY FIRE WARDEN C STREET & SAN JACINTO AVE: L PERRIS, CALIFORN.IA-.92370 TELEPHONE .(714) 657-3183' February 153, 1974' Riverside. County Planning Commission 40.80 Lemon Street Room 101 Riverside, California 92501 - Reference: . Tract No. 5554 P.D. Gentlemen: Zoning for this tract _permits construction that requires substantially more than Schedule "A" fire protection. The Riverside County Department of'Fire. Protection-'has included fire protection. conditions into Conditional Use Case No. 1382. The Developer should be aware that requirements -for fire flow will be substantially more than that required. in Ordinance 460, and all fire ,hydrants will be standard #701, Riverside County Ordinance 461. For. .your information, we are attaching a copy of the original conditions. J. LMER CHAMBERS ty re. Warden . RGE J. SCHUL JANN Fire Protection Planning and Engineering Officer GJS:j1 February '7 , 197 STATE DIVISIONOF 'FOR1sSl'RY CONDITIONAL USE CASE NO. 1382-Planned Residential Dev. CATHEDRAL CITv- VARIANCE CASE N0. 1:175 - Reduction of Parking and PALM DESERTDISTRICT Improvement Standards Silver Spur Associates 2O0 Oyster Point Blvd. South San Francisco, Calif. s � t{� February ,28 1972. - March 8, 1972 g C` , Provide the following fire' protection: 1. Install standard #701 fire hydrants in accordance with Riverside County. Ordinance 461. . 2. Provide, 2.,000. (Pi-i fire flow for a two dour duration in excess of domestic supply. The computation shall be based 'upon a minimum of 20 PSI residual operating pressure in the street mains from which the flow is measured at the time .of measurement. 3. Fire hydrants shall be located so that no building in this planned development is more than 250 feet from a hydrant by way of streets or driveways. Fire hydrants shall not be located closer than 50 feet to any building. 4. Prior to approval of the wa'ter.system plan, the Developer shall rpovide the Riverside County Department of Fire Protection written certification that the fire flow requested in ,',`2 above will be deliverd to this planned residential dev.e.Ztpmer. , 5. The water system shall show tiiat tale design of the water system is in accordance t1i-Lh the requirements of Conditional Use Case No 1382. 6. The Riverside County Department of Fire Protection requests four copies of the water plan for review. Upon approval, two copies will be sent to the Riverside Countv Department .of Building and Safety, laid Use Division. �.....-it 'i.a.�? L.crt, rn �nr� A-1, FROM•: Riverside County. tianni.ng Department - Wm. R. Livi n stone - Planning Director 46-209 Oasis Street, Room 304, Indio; California 92201. TO: Building Dept. TRANSMITTAL DATE: 1 " n 14 TENTATIVE TRACT NO �•'=�. �,��' � `( Sim311.COIDfL'iY �YS..,dk.�... .ry � Y Mm ROM H. TENTATIVE PARCEL MAP NO,: {fS Attached hereto is a tentative land division map. Please,examine and return it to this office in time for the Land Division Committee Meeting on J: `% 1974 together with such recommendations as:you deem. appropriate. If additional. time"is Needed please so state in your recommendations. BY: .Gerald W. Dupree e Senior Planner I. Comments regarding tentative,map 1.- Prior. to.recordation of, the Subdivision, a soil test shall be made and report submitted to the Health Department and Department of Building and Safety. 2- The Developer should complete an application for a Grading Permit at the Department. of Building and Safety and then submit the grading application, one reproducible brownline and four prints of a comprehensive grading plan to the Surveyors Office of the County Road Department and then to the Coachella Valley County Water District for their review and written approval prior to submitting two sets of the approved grading plans and the grading application, signed by the Road Department and Water District, .to the Building Department for a ,grading permit. The grading plans shall be in compliance with the Uniform Building Code, Chapter 70, as .amended by Ordinance No.457. The Subdivision must be recorded prior to obtaining a grading application or a grading permit or a building permit II. Additional time of will be needed I f V 1, FtBRIVER L� ,lNING t ;.; �.,.�•: nt Gp�icE Submitted by: V Phone No.: Title: Land Use Tech.II Date 2-5-74 KDD:es PD-74-2 Y FROM Riverside County „_anning Department Wm. R. Livi rtone: e Planning Director. 3 46-209 Oasis Street, Room 304, Indio,.Call fornia::92201 1 Assessor JEAN 2 8 1974 T0:" TRJU .TTAL DATE: TENTATIVE TRACT NO.: SSS4-PD wv TENTATIVE PARCEL MAP NO.. Attached .hereto is a tentative land division map. Please examine and return it to this office in time for the Land Division.Committee Meeting on 11ct 074 together with such reconmendations as you deem appropriate. . If' additional time is needed. please so state in your recommendations. BY:. Geral&W. Dupree— Senior.Planner I. Comments regarding' tentative map r) (PC) " 0 0 4 001 =B u L G:, 1 FEB 5 i �} RIVERSIDE t PLANNING CWAA•t1SSinC� SILVE2 SPUR. �SS©.c'. DESERT OFFICE a II. Additional time of will be needed Submitted b •�y: �a Phone No. Title: Date: JAN 31 1974 .KDD:es PD-74-2 „ . .. .. �....,. „... . .... ... �.. i. ./d ------------------ COUNTY OF RIVERSIDE OFFICIAL RECEIPT M 789 24 't' /1 �1�� Riverside,Caiif. — 19 .1 Office of �: � % f� . Received fro, ►'n t�� :�..� - — ( A, L — .'1 ,;'�• �1.:��1`i�nc, u�"!�� f:��: -�.� ;:1. �4���,E �1� :��7 DOLLARS i Office of- BY _�---'- ---- ., CHECK D � 1 �1 Title � Wash , ST MAT; dinypsel out SO .007idvyl 10:1 OF LAW My, Casco at: SAW applinst'Wr is an hill kith lots Lalzran3we a Orm On sk no oy On fG 1L AN At !ON FOR LAND D'"'S !OF1 WILL NpT 3E ACGEP7ED l�idLE` THE PROPOSED DIVI.SIOPd. OF LAND CQNFORM5 TO THE ZONI!, 'LASSiFICATION .ON THE LAND (S� ON 3.2, ORDINANCE NO. 460) APPLICATION FOR LAND DIVISION Riverside County Planning Department Halal of Records Room 101 , 4080 Lemon Street Riverside, California 92501 NOTICE TO APPLICANTS 1 . An application for".lan& division must be denied by the Planning Commission and the Board of Supervisors if the proposed division of land is 'found. to be inconsistent with the General Plan for Riverside County and any applicable Specific Plans. (Section 3.2, Ordinance No. 460; Business and Professions Code, Sections 11,526(c) , 1154.9.5) . 2. . An application for land division is not officially filed for processing within the statutory 50 day time limit until the maps and information required by the Subdivision . Map. Act and this Ordinance have been filed, the fees have been paid and all. procedures under the Riverside County Rules to Implement the California Environmental Quality Act of..1970, including the preparation of a final environmental impact report, if required, have been completed.. (Section 4.4, Ordinance No. 460) TYPE OR PRINT :IN INK (Subdivision Tract) Jft9K4 ixkx tr)( Number: Tract 5554 Name of .Land Owner: Silver Spur Associates Address• ' 73-941 Highway 111 Palm Desert, Calif. 92260 Telephone Number: 714-346-5579 Assessor's Parcel Number: 631-250-004, 631-260-001 Owner's Certificate: am the record owner of the property proposed for division on this map., or have an interest therein, and consent to the proposed land division. I have read the foregoing Notice to Applicants and understand that the 50 day time limit for processing this map shall not begin until all procedures have been completed. Executed at Palm Desert, California on January-21 i' , 19 74 SILVER SPUR ASSOCIATES a General Partnership Signature'-'"���r �- by HV .Mana:gement Corporation, Managing Partner i i If applicant is not the record owner, complete the following : Name of Applicant Address: Telephone Number: Applicant's Authority to File Map: 4 Applicant's Certificate: certify that the record owner has. knowledge of and consents to the proposed : division of this property and the filing of thF-I land division map. I have read the fore- going Notice to Applicants and understand that the 50 day time limit for processing this map shall not begin until all procedures have been completed. Executed at Riverside, California C,-, 19 Signature Name and address of immediate prior owner if the property has been acquired by the .present owner within one year: PACIFIC RIM ENVIRONMENTAL CON BULTAHTS.LTD. 73-893 HIGHWAY III PALM Dr,61.11T. CALIFORNIA 92260 k�' J stU����•�_'aSa.?3S S�':a 5�>.r-u��i' x��;3 •?,�r - a0 ,A CCi 2.1-1iV MD?L3:CA71101i �J:?. Tentative Tract 5554 LJ4P� :�OZv Ironwood Country Club;. Palm Desert, California I. acso'roL.�d �'r�o=a--ec� 3: Briz4�ly. desC :_a „ 'n. o: the p=-ojact ox actIvity. .. Planned Residential ;Development (Ironwood- Country Club)*,,. composed. of. 7 "single story residential-.dwelling units, 2 golf holes, and landscaped recreational areas cont:guous, to the dwelling units:.- - _ `1n the southern end of -thy City of Palm Desert,`•fronting. on .the extension of Portola Avenue. L_gaa. dsscr3.pQtZ o., p=jact s . r A portion of the north .half of Section 32.; T5S, R6E, SSB&M. : o I3asC_i e p is p eject area, including disL n�, .s g a�z� za3. and* MzX-Zde charade is tics. Immediately north of and adjacent to - the first 2 increments of Ironwood Country Club development (Tract 4685 and 5053) . Area partially cleared and graded by•construction..activity_ in adjacent development. No distinguishing natural characterists: 5. Is ti-le proj act: a phase or a portion o- a ?a.�:�e� pro!y�� if so, . .der•tiLv is gar proj,e t_ - Yes. Ironwood Country Club (Conditional Use Case. 1382, County of . Riverside) . - Previously recorded increments include Tracts No.74685, 5052,.: = ' . and 5053. _ - S. .Has an 717,n;riZormantazl Assessment oz ,ErViror .a n'tai impact r.eporL prev mean prep"_d 4tat nc?ud �s t:ry� :aja ? I so give date .su2z i -ad and title. of pry.j act. Yes. Env i ronmental Impact Report. for "Silver Spur" project prepared and submitted in June 1972 for• the project as a whole and Tract 4685.• This report also considered in ; the approval of subsequent Tracts 5052 and 5053 submitted. in February 1973. :. 7. L-Ist eev y o h rUblic ag e;2Cs f rc.-a v; m u a a,. y.: , 10 �.4.y�.. pE_• 'C a Cc�rL:Lfi' ate', o, ether ev tii:?sinant for use .�a rlecessa..,7 .ba7Eore o.-Z he pz-.-)]:ac? All agencies normally required to process and record a subdivision map. 1 i.SSC•�`'fCi?^_4. of 'Enyiro-lar.'?:-^.ta ail"�)_ C4. 1��C-aiJ4 ar'�:wer the .tc:.ila:s.irg •cues r_1 ons by p1.C .:�q � ;.reC;-: 3.;� L-�•� - a?_proprI Lto .Spaca (Till?- applicant Should '...c 4;�:_Sr' to, �3�i^�� ain :'r SL;i:S La:1tL,2 C his. r espor'se to even question., A. C'hz.:a:i.Z2..'.C',ticS OF t11@ Ztic�.t,urai. Envitor r,-'vr1t. Vr.r: � 1. Laiie (To }Cgrat�i:y, soils, Geology) ate... TDoccz th,a p"rJ]ect .Si-to inv.o1vL un iclae landxorm or b1olcgicz1 area, SL1G-I as beaches, sand dun;,s, arshe::, etC.? X 0. .ilil1 trz project invol.va cdnztruc-ti.�n on silgpes. of. 25r or greater? X c. Is ��Le p_:oject to :be ,.oc?ted P. an j a.ea of soil instabiiity. (sulbstance, "lardslidem or se44=0 aroz- on) ? X. {� d. Is the project Site .located on, or adjacent to a kn�.�:z ea:thcuake Cault- X i s. - %.. s the oro;;;Cr. 'Located witl.iia a flood P1 a' - fF V. 17oea the project involm a F..tu.�al b - drainage ,t..... . . X - .•...i fau^a �f a. Fr© he_z any rz e or end�:n Luca gR. species of piar.t life in the p_oje�� ,1 •r �t. .%rea? �• X ,`�... l_ . an'v -ature trees be xem,ovc c. Is '.O ject Slia .-..dj Conte .0, 'Ci d do,-..- J.ncl ud., a habit f• :.': ' r source, nes 4c� or place 12or a rare oi- X d. Cou?3 r:ha Pro ,ect azfect fis, Wi2.-*., ,r..e, reptiles, or pl.:-xit Jiff? �. X 1: • 200 _ r�4uge or rse:v�?a fish car :Yi�:i�.i.fs: L. X Alto— th UiO]C=t 'rr' tts Or ran• a :�<ztL:r- 'k� �esot�rc.:� for r or als b. -ylill 'tale -, rojLct irtvolverai�Z exc":I sz_ cf 300 cubic yat ds? X t 'otential DI ect MmDact of Pro ec�. *_ an eXistin Poi Gutzon .;i.r not = ;{ (ij ,T i3. the pro,-a i i:LyB_ .smoke Or odors-2. r X proj .ir. o tha �► bumr'n5 of a:.'► .,t�.Y; i - � CJ.11C?T: jirL'c:;•1� �,., '� .:3...s iL.-• _ t and St ruction :: yeri.�-�1 -=? : X 3) : Is ...he Dro 'e ted to ultL 220iS -V a Zn�'ei s in - .-�, ourre:z41y V.xdsti. + _wn,. o .v y` 3UD 1 Cp`.1Ga US el, , l::C.�.i.id2;j X the oro-:e- 27 Ulex X • x �• 2oiiution CO:itrcl Dist- X -3- • yes :7 aty, Tom: c Czty or County Planning. X U. s. Environmental pro-ection r------ -�^ Agency X Cotrty izpoL c Land Use Co-.^iSSion X f ;2) Doco trw me uct r cr ire variance fwom establisLed environ- h nw-ntal s,.ard ads (e.g. , air gpja it1:. nciseF �+�«ter quality}? X _ .:a ^'Q.a C� O:i E:X1.St�.'� 'aC111ties �C?d SCr C 5 �.. ..L a.. :Ci..cuiG.,�on. },i tl} :Is th,e project e:rmecteLI to ca:u.;e not;ceebl9 '.11=eaZe in pr;- estr4 a'1 t# t1-ai=3.c 0r. a change in 'e:lcsz r: Z. l; pat , rn s? X �F (2} i�1i21. L�he project result. in r_oticeable chances in 4.eh-5.cula.,r traf==ic patterns or. aoIuri-;es _ (including bicycles): X #� (3) Mill 'tire .pro jec;. involve t??a ure - vehic e-s of kinl3 (such 2s t-e ? x ; ;Water.: Su;Dpijr and Sewage Dispos- . (l) .W.' i thn p oject er.•'- � rre . �:�.. �t acgaisitiora of wat:.ur f rom well- So" �f Ci2 a1;w_aCE ':^E 5 `C1. v `"Ci jl�+_1...r..a _ and/6 :lon oiva*Sr.iC ust­)? X I{�r „ (2) G�i 11. Cp'(;r.0 tasutS ha it-�.i? .for se;.ace disposal? X C. nezmand for Scrvic` fz:or.: Specialc:s �i andfoa .iu*:ic;.palities or County. :.ha +.r0 ect require tlha I �� S-on O% e:::i.S 2 W;t.i the pro hct rc Y0 etenj,:.0 z frCT. an agency, d i S t k5.C! ti " ' t i. , 07 r►:i.JJ.�.0 utillt! w1h ch is operating at ow near car.a city? 3. t?.. wili the proj�j Cl''. ?iT!7.lG1 C-'''..I- 1C^n 1-::h.:..-:'l could in:cr Icre ::.:isti,jg ; �s.-a ,i 011 and/or S'efense s_stemZ? b. is the nr6jcc;. located ,i;th4rn -the jzi:L ':�- Path 0i: 40isG 1.i3_Gaci: ;,r c O. :.:l a_2:D x C . paCent al ?'p-d ect mpGct Of P. c ;ect. . . c. LS Ule proposed, y rojec C.:t '' Lea :D t 6�c�C reau'7 t in O1�'A-!©� changes i.+� i:i:1'� ��Z E`s, eiss.z_ O or off •the ura;�cct si:.u? X b Coulev the project se -; Tn ' r . �! serve to r_c� z_._.c'n 06 `i 1 a: , v yA_I. :G^:i t e I;.tr ptauci:_O, 0-11* ; new or e':pa nded pab is '•�'� 1?ha:t3t�Ci, -CG al. i-- C-! lif-�:`,i 5CC f;.a of an• E"-A-- T'q. purl{c C1.J.L..Y . - .. CJ.•r. .c..... �Lt �L!. .tea G�-•.�_t17 _ _ 'X j C:: ✓+J£:wl a t'.C3 c'c P:�.r:?71'.:i _ X ! :e .:^v wig n7 L` 40r •. 0 :-.r'J��J::�:� �. ad' _ z,--D..0 HiCT,:':l :y ! p; s,, L::`Zya •C.^i?�:.0 Cam'"�Zi'ev:': X uric project obs#:'_"uCCt Zrr-01 cxin•,`i—1 )iG'$1G.^ ` v? ti?' emu" �_ •.. 3. feu 1 t.Vr aj 7ur,`,ct !. :I.. VI J. TAP. rrojc�,.�:, i:6�' .:lrE: -Ora O'F jiG�.1 �.'. C;: b'!S I1;:55 ; z fir i SC S'.t'a s X -5- • b. Doe x0s �vv .•.J:?.-ice s �;� ono j^c; �i::e zr:e �-:c or X cJ' J.J. V'04.t 64v? UriSwei L-� V� j �.S O Gn s.r' o :L�=G G�' :"Ilc- Cr e yi r e• iJ: Grading quantities in excess of. 300.yards are normal for projects of this size and type Dust and noise may normally be expected during the grading and construction. phase of construction projects of this -size and type. Construction related nuisances to adjacent residents will generally be confined to those new residences within previously constructed units of the project." The nearest residences to the north are separated _ by approximately 300 feet from. the construction areas. Permits for use and/or construction will be acquired from all - public agencies " normally required for •processing• of subdivisions. ." Construction. of the project will include the extension of Tortola Avenue westerly. to Silver Spur Trail , thus providing. a continuous paved traffic lane from Highway 74 to the developed area of Palm-.Desert via Portola Avenue. Project residents will likely make use of electric golf carts within te `project,- which includes golf course facilities. No dune buggies, trail bikes, and the like are anticipated within the project. - _ ' The project will include normal installation of "public utility. _ faci) ities .to serve the project from existing facilities immediately adjacent. It is believed the project will result in no substantial adverse environmental C effect in- any manner. This has been the finding of the staff, Planning Commission, and Board of Supervisors of the County. of Riverside in the" consideration of the previous 3 increments of this development. bes'L C_ :Gd . y DL : . January 21 , 1974 �. c jJ _ SILVER SPUR ASSOCIATES a General Partnership by.HV Management Corporation, Managing Partne y t � w *VMS •� CIS - C3�IX�;iX ,��I GONG. J!rock 2-O 7-D3-� 13-0 2-�, !2-d 3-� _ ! OV='a I ,� �t � - W n I U —0 I Q 2 OF TD --- -- -- - ----- _-- - ------_ _ _ ---- paA I - - - — �-- ��-� n IO I �{ - -- _ CID �� , -r� � GONG. 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