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TT 27882 SEGOVIA 1994
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Attn: Planning Dept. oil fill 11,6���I�i,;I,I,ILIIL„I��111 i QC �. 5(a N 9 �..- ♦_--�-a®.T--- 71- .. f� 1F ,0 L�cP2094 �� N , aroni cmw @V AAR pw@TR T 715468 u.s.vosrac� 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 Q � WOK3 Ql :o Ci' 622-033-025 C�o §E 14onterey Partner Ltd Partnersh� Q 110 W Las Tunas Dr' L z� San Gabriel CA 9.1776 W w 0 RFTUrcN s LIRN C . P TO SENCF „ J NT SEND NOT `KN 0, '.'I N T C.Id:!',�,'N =y H,l, srili rilrr f i, lIvii °i ii4 l , r + - �, Wit_'F'..F'.°. i •': a s t �. i season r r ,r r Q .2 9 \CA J. First American Title Insurance Company 3625 FOURTEENTH STREET RIVERSIDE, CALIFORNIA 92501-3876 ATTENTION: G" ` � 7P�Z Ill l l l l llnnnllnll lnlil nl llnl lnl 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260- TELEPHONE(619)346.0611 September 16 , 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27882 + NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MAYER TRUST for approval of a tentative tract map for 128 residential lots consisting of 127 residential condominium lots having an average lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 W c� � I e FR4NK S/N.47JLC OTOW \ PROVE-Cr CLUB . - DR.CEWOO O o 2 4 � U 0 NOYLEY LN. QP l//CINITY MAC ITS _ SAID public hearing will be held on Tuesday, October 4, 1994 , at 7 : 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons_ are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 : 00 a .m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 21, 1994 Palm Desert Planning Commission 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 September 16, 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27882 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MAYER TRUST for approval of a tentative tract map for 128 residential lots consisting of 127 residential condominium lots having an average lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 w � c� Q e FRANK SIAR n?A DR. PROJECY LOCAAON e COUNTR CLUB DR. DR.GEWOO R5. U HOKEY IN, o- QP I//CINVY MAP- N.T.S. SAID public hearing will be held on Tuesday, October 4, 1994, at 7 :00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons_ are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 :00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 21, 1994 Palm Desert Planning Commission 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 l TELEPHONE(619)346-0611 September 16, 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27882 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MAYER TRUST For approval of a tentative tract map for 128 residential lots consisting of 127 residential condominium lots having an average lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 w C7 Q o= e FRANK S/NA7 A DR- PRO✓ECT LOCAT/ON COUNrRY CLUB DR- �CEWOO �G7� O o 2 4 U HOLEY LN. I//CINITY MAP ITS �I SAID public hearing will b p g e held on Tuesday, October 4, 1994, at 7 : 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons- are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 21, 1994 Palm Desert Planning Commission 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 September 16, 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27882 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MaYFR TRUSS' for anuroval of a tentative tract map for 128 residential lots consisting of 127 residential condominium lots having an e averag -- — lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 w c� Q o: e FRANK 51NAM DR. LOCA77ON CO" CLUB DR. FDR CEWOO A�Gj� O_ o U � HOYLEY LN. Of QP VICINITY MAP ,�TS SAID public hearing will be held on Tuesday, October 4, 1994, at 7 : 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons_ are invited to attend . and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 : 00 a.m. and 5 :00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ, Secretary September 21, 1994 Palm Desert Planning Commission gi 3Z l �� ?✓� 32 Z 7 5,0 33 -7 U6 III �"�� z 3�� ��IIISss 56�Z za I Ye 72�� , ZIII - jZ 17 III 72 s-- e l7 III PS�p 4� J _gZ6 2�ill Z ;II — z zz 7,3111 rsz 5Y 7Iff��r2 37 1116 62 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :26 P. 01 JH REAL ESTATE PARTNERS, INC. MULTI FAMILY INVESTMENT MANAGEMENT FAX TRANSMISSION COVER SHEET RECEIVED 1 1 / MAY 2 7 2005 SEND TO �h i ` �.t ! I COMMUNITY DEVELOPMENT DEPARTMENT ITY OP PALM DESERT DATE -27- OS RECIPIENTS NUMBER 760-774 - LV/7 NUMBER OF PAGES I (INCLUDING COVER PAGE) FROM ERNIE RIVAS JH REAL ESTATE PARTNERS, INC. 500 Newport Center Drive Suite 900 Newport Beach, CA. 92660 COMMENTS: yet fieffij el all OUR FAX NUMER IS (949)203-2154. IF YOU HAVI7 ANY PROBLEMS DURING THIS TRANSMISSION, PLEASE CALL (9d9) 723-8989 ext. 104 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :26 P. 02 RECEWED SEVILLA CONDOMINIUMS MAY �7 2005 (Formerly San Tropez Apartments) 73373 Country Club Drive COMMUNI71DEVELCPMZJdTDEPAftTMENT Palm Desert, California CIV OF?ALM DESBRT Preliminary Proposal to convert 512 apartment units into for sale condominiums The following preliminary proposal outlines the request of JH Real Estate Partners to convert the Sevilla Apartments(formerly San Tropez)located at 73373 Country Club Drive into 512 for sale condominiums in accordance with the regulatory agreement allowing the current owner to amend the agreement to facili to a condominium conversion after ten years from when the property was constructed(1986). i The Property The Sevilla Apartments is an institutional grade security-gated apartment community consisting of 512 individual apartment units in 28,two-story wood frame and stucco structures on a well-landscaped 24.179-acre level land parcel. Wood-frame roof structures are covered with plywood sheathing and red concrete tile. Designed to reflect the charm of the European Riviera, Sevilla's impressive Mediterranean aichitecture is set amidst fountains, lush gardens and beautiful courtyards and tile walkways. Unit Mix The unit mix of Sevilla Apartments is shown below: Unit Mix of Sevilla Apartments Total No. Average Size of Units Unit Type (Sq. Ft.) 188 lbr/lba(Plan A) 712 324 2br/2ba(Plan B) 992 512 Total Plan A is a single level, one-bedroom, one-bath unit containing 712 square feet. The unit includes a living room, dining room with a ceiling fan, a kitchen, a master bedroom with a walk-in closet, and a full bathroom accessible from the bedroom. A large balcony/patio, with storage closet,is adjacent to the living room. Plan B is a single level,two-bedroom, two-bath unit containing 992 square feet. This unit type provides a living room, dining room with a ceiling fan, a kitchen, a master bedroom with a walk-in closet and a private full bath, a second bedroom with a wall closet, and a second bathroom which is located between the kitchen and the master bath. A large balcony/patio,with a storage closet, is adjacent to the living room. 1 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :27 P. 03 Unit Interiors The units' feature central forced-air heating and air conditioning, galley kitchens with a furred ceiling with fluorescent lighting, laminated countertops, laminated wood cabinets, double sinks with garbage disposal, electric range/ovens,microwave ovens, and dishwashers, ceiling mounted incandescent lighting and fans,private patios and decks with extra storage,fire sprinkler system in each unit,walk in closets in some units, generous bathrooms with laminated wood cabinets, wall-mounted mirrors and medicine cabinets, single commode, ceiling-mounted incandescent lighting is standard throughout the complex, and unitized combination tubs and overhead showers. Amenities Sevilla offers an amenities package that is representative of high end resort style properties. Recreational amenities include a recently renovated 8,500 square foot clubhouse, which includes a leasing office, manager's office,billiard room,business center,television/library room and a state of the art fitness center. In addition,the clubhouse contains both a men's and women's restroom and sauna. These amenities also include 7 pools and adjoining spas. Two swimming pools and a lap pool adjacent to the clubhouse create a resort style atmosphere with the remaining 4 pools located at the four corners of the site. The complex also includes 6 outdoor tennis courts, a basketball court, a handball court, and 2 sand volleyball courts. Perhaps the most outstanding characteristic of Sevilla Apartments is its extensive lush landscaping. Virtually all of the development's buildings are surrounded by mature trees, shrubs, ground cover and adorned by fountains throughout. The walkways and courtyard areas located throughout the complex also include lush landscaping consisting of mature trees, shrubs, and lawn areas. Four laundry rooms are strategically located throughout the development, with 1 in each of the"activity" buildings adjacent to the 4 perimeter pools. Each laundry room provides 8 washers and dryers, as well as a folding table and a television set. Parking for 943, automobiles is provided on the site, 516 spaces are in covered carports, 418 spaces are in surface areas, and 9 are surface handicapped spaces. The parking spaces are located primarily around the entire perimeter of the site, with the balance of the available spaces located adjacent to the clubhouse, near the Country Club Drive frontage. 2 J. H. REAL ESTATE Eax:949-723-8988 May 27 2005 11 :27 P. 04 Parking Study Beginning in September through May the Sevilla Apartments achieves the highest occupancies. Currently the occupancy is 93%. The complex occupancy fluctuates between 87% and 97%. Conducting the parking study during the high occupancy period best represents the worst case scenario with regards to maximum parking demand. A parking study was conducted beginning March 281°,2005 through April 7"", 2005. The parking spaces were counted for available spaces at two (2) separate times of the day, the first at 9:00 am and the second in the evening at 10:00 pm. The study covered the workday as well as the weekends for availability. The conclusion of the study found that at 9:00 am available parking spaces ranged from a low of 232 spaces to 277 spaces. The average available parking spaces at 9:00 am during our study were 251.33 spaces. At 10:00 pm in the evening the available parking spaces ranged from a low of 189 to a high of 254 spaces. The combined total throughout our study averaged 225.67 available parking spaces at anytime during our monitoring. The resident occupancy at the time of the study was at 93%. As of September, 2004 until present there has not been one complaint by any resident for inadequate parking. If there is a need to control parking spaces in the future, we would propose to restrict the number of parking spaces assigned to specific units within the CC&R's. As an example: 2 bedroom units will receive 2 assigned parking space and 1 bedroom units will receive 1 assigned parking space. This will assign 836 parking spaces and set aside 107 (11.35%) unassigned spaces. Our study has indicated this may not be necessary. Market Sales Prices The for sale condominium market in the Palm Desert area has increased significantly during the last several years. The Brava development directly across the street from Sevilla will feature 114 condominiums with sales prices starting at approximately $550,000. The smallest floor plan in the Brava development is 1,834 square feet equating to a per square foot price of approximately $300. The Brava project will be very high end, however, it will not offer the property amenity package that Sevilla will. The estimated sales price for our 712 square foot 1-bedroom units will be approximately $175,600 or approximately $246 per square foot. There are 188 1-bedroom 1-bath units located in the complex. The estimated sales price for our 992 square foot 2-bedroom 2-bath units will be approximately $225,000 or approximately $227 per square foot. There are 324 2-bedroom 2-bath units in the complex. 3 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :27 P. 05 Current Regulatory Agreement Requirements Affordable Maximum Loans The Current Regulatory Agreement requires that 20%of the units be set aside for households with income of 80%or less of the median income. This regulatory restriction expires in approximately 9 years in June, 2014. The affordable maximum loans amounts were calculated based on guidelines from the HUD Section 32 of the PHA Homeownership Plan/Eligibility Requirements and using the 80%income limit. On an average monthly basis,the estimate of the sum of the applicant's payments for mortgage principal and interest,insurance, real estate taxes utilit maintenance and other recurring homeownership costs will not exceed the sum o 5% of the applicant's adjusted income. The applicable 2005 income limits for San Bernardino/Riverside Counties for the current regulatory agreement requirements are as follows: 38 - 1 bedroom units are based on 2 Person Qualification Income of$35,650 22 - 2 bedroom units are based on 3 Person Qualification Income of$40,100 43 - 2 bedroom units are based on 4 Person Qualification Income of$44,500 103 Estimated Maximum Affordable Loan Amounts based on the range of interest rates shown are as follows: 5.5% 6.0% 38 1 bedroom 1 bath 2 person $95,200 $90,200 22 2 bedroom 2 bath 3 person $104,500 $99,000 43 2 bedroom 2 bath 4 person $127,400 $120,700 103 These loan amounts are based on a maximum monthly payment of 35% of qualifying income less estimated homeowner dues, property taxes (assuming market prices for these units) and estimated utility allowances. For the purpose of this analysis it is assumed that the HOA dues will include maintenance and insurance expenses. The loan amounts are based on a 360-month amortization and interest rates as stated, ranging from 5.5%to 6.0%. See Attached Exhibits A-1 through A-2 - Qualifying Income Limit: 80%of Median Income. Phasing There will be approximately 10 phases of approximately 50 condominiums per phase. Each phase will most likely have price increases estimated at 5%depending on market conditions. The Maximum affordable loan calculations below do not account for any price increases for subsequent phases. The estimated time frame for the sale of all condominiums is 36 months from the opening of the sales office. 4 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 06 Silent Second Proposal Based on the above maximum loan amounts JH Real Estate Partners is requesting the City of Palm Desert to provide a Silent Second Program for the 103 affordable units in amounts equal to the difference between the market sales price and the loan amount that can he obtained by the buyer. The following illustrates the amounts of the silent seconds that would be requested if loan interest rates ranging from 5.5%to 6.0%, for loans amortizing over 360 months. Purchase Price for: Interest Rates 5.5% 6.0% 38-1 bedroom 1 bath units $175,000 $175,000 Less Maximum Loan Amount 95,200 90,200 Silent Second per unit 79,800 84,800 Silent Second for 38 units 3,032,400 3,222,400 22-2 bedroom 2 bath units(3 persons) $225,000 $225,000 Less Maximum Loan Amount 104,500 99,000 Silent Second per unit 120,500 126,000 Silent Second for 22 units 2,651,000 2,772,000 42-2 bedroom 2 bath units(4 persons) $225,000 $225,000 Less Maximum Loan Amount 127,400 120,700 Silent Second per unit 97,600 104,300 Silent Second for 42 units 4,196,800 4,484,900 Total silent second provided by the City of Palm Desert $9,880,200 $10,479,300 Silent Second per year assuming total contribution is paid over an estimated 3 year sales period $3,293,400 $3,493,100 With 10%Down Payment City of Palm Desert Silent Second $7,752,700 $8,351,800 Silent Second per year assuming total contribution is paid over an estimated 3 year sales period $2,584,233 $2,783,933 See Attached Exhibits A-1 through A-2 --Qualifying Income Limit: 80%of Median Income. Assuming the 36 month sales period,the Redevelopment Agency's investment in the Silent Seconds would be spread over a 3 year period. Concurrently with the recording of the silent second a restrictive covenant would be recorded restricting the units to be sold only to affordable buyers for 20 years or as mutually acceptable by the City of Palm Desert and JH Real Estate Partners. 5 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 07 By requiring a minimum 10%down payment the Agency's investment in the silent second program for the project would be reduced to amounts ranging from$7,752,700 with a 5.5%loan to $8,351,800 with a 6.0% loan, or$2,584,233 to $2,783,933 per year depending on phasing. Regulatory Agreement Modification An alternative method that significantly reduces the amount of the Silent Second is to raise the affordability index to 120%of median income. This will virtually eliminate the Silent Second by reducing the amount from $9,880,200 to $385,000 if loan interest rates are at 5.5%and from$10,479,300 to $627,000 if loan interest rates are at 6.0%. Additionally by raising the affordability index to 120%of median income and requiring a 10% down payment the Silent Second would be virtually eliminated. In consideration for the Agency's agreement to such a modification of the project's affordability requirement to serve moderate income households rather than low income households,the"affordable" units would each be sold subject to a restrictive covenant which would require that future sales of that unit be made only to buyers who qualify as being"moderate income" residents at the time of sale. Said covenant would remain on the"affordable units"for a period of 20 years or as mutually acceptable by the City of Palm Desert and JH Real Estate Partners. See Attached Exhibits B-1 through B-2 -- Qualifying Income Limit: 120%of Median Income. 6 J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 08 EXHIBIT A-1 SEVILLA APARTMENTS PROPOSED CONDOMINIUM CONVERSION SILENT SECOND PROGRAM QUALIFYING INCOME LIMIT: 80% OF MEDIAN INCOME Totau Unit Tvce Averages Designated number of occupants 2 Person 3 Person 4 Person Bedrooms/Bathrooms 1x1 2x2 2x2 Number of rent restricted units 38 22 43 103 Income Limits Income Limit for 2005-80%of median 35,650 40,100 44,550 Market Sales Price 175,000 225,000 225,000 Computation of Maximum Loan Amount Maximum monthly payment as%of income limit 35% 1,040 1.170 1,299 Less utilities' (136) (166) (166) Homeowner Association Dues (200) (200) (200) Property Taxes 1.12% (163) (210) (210) maximum monthly payment =to max monthly rent payments - 540 594 723 Maximum loan amount,360 mo,interest at 5.50% 95,186_ 104,543 127,402 Silent Second Maximum Loan amount(rounded) 95,200 104,500 127,400 Silent Second 79,800 120,500 97,600 Total silent second from City(for all restricted units) 3,032,400 2,651,000 4,196,800 �9.880�200 Silent Second with 10°h Down Payment Total sales price of units 6,650,000 4,950,000 9,675,000 Down payment from buyers 10% 665,000 495,000 967,500 2,127,500 Total amount of silent second if buyer pays 10%DP 2,367.400 2,156,000 3,229,300 7,752,700 " Some utilities may be included in the homowner association dues and could reduce the amount shown. Exhibits to Proposal to City int rate revisions 5-26-05 80%of Median 5.5% J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 09 EXHIBIT A-2 SEVILLA APARTMENTS PROPOSED CONDOMINIUM CONVERSION SILENT SECOND PROGRAM QUALIFYING INCOME LIMIT: 80% OF MEDIAN INCOME Total/ Unit Type Averages Designated number of occupants 2 Person 3 Person 4 Person Bedrooms/Bathrooms 1x1 2x2 2x2 Number of rent restricted units 38 22 43, 103 Income Limits o Income Limit for 2005-80%of median 35,650 40,100 44,550 Market Sales Price 175,000 225,000 226,000 Computation of Maximum Loan Amount Maximum monthly payment as%of income limit 35% 1,040 1.170 1,299 Less Utilities* - (136) (166) (166) Homeowner Association Dues (200) (200) (200) Property Taxes 1.12% (163) (210) (210) maximum monthly payment x to max monthly rent payments 540 594 723 Maximum loan amount,360 mo,interest at 6.00% 90,144 99,005 120,653 Silent Second Maximum Loan amount(rounded) 90,200 99,000 120,700 Silent Second 84,800 126,000 104,300 Total silent second from City(for all restricted units) 3,222,400 2,772,000 4,484,900 10,479,300 Silent Second with 10%Down Payment Total sales price of units 6,650,000 4,950,000 9,675,000 Down payment from buyers 10% 665,000 495,000 967,500 2,127,500 Total amount of silent second if buyer pays 10%DP 2,557,400 2,277,000 3,517,400 8,351,800 Some utilities may be included in the homowner association dues and could reduce the amount shown. Exhibits to Proposal to City int rate revisions 5-26-05 80%of Median 6% J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 10 EXHIBIT B-1 SEVILLA APARTMENTS PROPOSED CONDOMINIUM CONVERSION SILENT SECOND PROGRAM QUALIFYING INCOME LIMIT: 120% OF MEDIAN INCOME Totau Unit Type Averages Designated number of occupants 2 Person 3 Person 4 Person Bedrooms/Bathrooms 1x1 2x2 2x2 Number of rent restricted units 38 22 43 103 Income Limits Income Limit for 2005-120%of median 53,475 60,150 66.825 Market Sales Pdce 175,000 225,000 225.000 Computation of Maximum Loan Amount Maximum monthly payment as%of income limit 35% 1,560 1,754 1,949 Less utilities' (136) (166) (166) Homeowner Association Dues (200) (200) (200) Property Taxes 1.12% (163) (210) (210) maximum monthly payment =to max monthly rent payments 1,060 1,178 1,373 Maximum loan amount,360 mo,interest at 5.50% 186,751 207.537 241,828 Silent Second Maximum Loan amount(rounded) 186,700 207,500 241,800 Silent Second - 17,500 Total silent second from City(for all restricted units) - 385,000 - 385,000 Silent Second with 19%Down Payment Total sales price of units 6,650,000 4,950,000 9.675,000 Down payment from buyers 10% 666,000 495,000 967,500 Total amount of silent second if buyer pays 10%DP - - " Some utilities may be included in the homowner association dues and could reduce the amount shown. Exhibits to Proposal to City int rate revisions 5-26-05 120%of Median 5.5% J. H. REAL ESTATE Fax:949-723-8988 May 27 2005 11 :28 P. 11 J EXHIBIT B-2 SEVILLA APARTMENTS PROPOSED CONDOMINIUM CONVERSION SILENT SECOND PROGRAM QUALIFYING INCOME LIMIT: 120% OF MEDIAN INCOME Total UnitTvoe Averages Designated number of occupants 2 Person 3 Person 4 Person Bedrooms/Bathrooms 1x1 Bedrooms/Bathrooms Number of rent restricted units 38 22 43 103. Income Limits Income Limit for 2005-120%of median 53.475 60,150 66.825 Market Sales Price 175,000 2.25,000 225,000 Computation of Maximum Loan Amount Maximum monthly payment as%of income limit 35% 1,560 1,764 1,949 Leas Utilities" (136) (166) (166) Homeowner Association Dues (200) (200) (200) Property Taxes 1.12% (163) (210) (210) maximum monthly payment =to max monthly rent payments 1,060 1,178 1,373 Maximum loan amount,360 mo,interest at 6.00% 176,858 196,543 229,015 Silent Second I - Maximum Loan amount(rounded) 176.900 196,500 229,000 Silent Second - 28.5W Total silent second from City(for all restricted units) - 627,000 - 627.000 Silent Second with 10%Down Payment Total sales price of units 6,650,000 4,950,000 9,675,000 Down payment from buyers 10% 665,000 495,000 967,500 Total amount of silent second if buyer pays 10%DP - 132,000 - 132,000 ' Some utilities may be included in the homowner association dues and could reduce the amount shown. Exhibits to Proposal to City int rate revisions 5-26-05 120%of Median 6% i DIAMOND WEST HOMES RECEIVED March 02, 1998 MAR o s 1998 City Of Palm Desert COMMUNITY DEVELOPMENT DEPARTMENT 73-510 Fred Waring Drive CRY OF PALM DESERT Pahn Desert, CA 92260-2578 Attention: Stephen R Smith- Planning Manager Re: TT 27882 Dear Mr. Smith : Thank you for your letter to Darrell Hoover dated February 20, 1998 regarding the above referenced. I am enclosing a copy of our Homebuyer Awareness and Information which a copy is given to each buyer and a signed copy is retained for our records. I have highlighted on page 2 the portion which relates to the golf course. I have also enclosed a copy of the recorded CC &R's highlighting section 8.14 which pertains to the golf course. Please advise if I can provide any additional information for you. Sincerely, Karen Franks Executive Assistant to Darrell Hoover 0 Diamond West Homes Incorporated 18831 Von Kaman Suite 100 Irvine,California 92612 714 253-9900 Fax:714 253-9929 www.diamondwestcom RECORDING REQUESTED BY: i•^`T �[ alp Yi-I 01 ✓�.i l�iUill�l ll iYIIV�rd p1UN Q 9 199E has not �4c+ci! Compared with . origir•,-. AND WHEN RECORDED MAIL TO: FFLANK K. JOHi'dSON LAW OFFICE OF TIMOTHY S. MURAKANH County Recorder The Wilshire Courtyard RiVERSOE COUNT T Y, GALIFORNIA 5750 Wilshire Blvd., Suite 500 Los Angeles, CA 90036 Phone: (213) 933-5900 Fax: (213) 933-7100 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR THE PALM DESERT MERANO - Tract No. 27332-1 A Planned Residential Development Fast American Title Company has recorded this instrument by request as an accom- modation only and has not examined it for regularity and sufficiency or as to its effect upon the title to any real property that may be described herein. [ PD-%vfulti.CCR: 1/24/94 ] [ This Set: 06/05/95 ] I TABLE OF CONTENTS ARTICLE DESCRIPTION PAGE DECLARATION A.ND RECITALS R-1 I DEFINITIONS I-1 II PROPERTY RIGHTS IN CON11i LION AREAS II-1 2.01 Common Areas and Purposes II-1 2.02 Easements of Enjoyment II-i 2.03 Title to the Common Areas II-1 2.04 Delegation of Use H-1 III GENERAL RESTRICTIONS III-1 3.01 Single Family Residential Use III-1 3.02 Business or Commercial Activity III-1 3.03 Rights Reserved by Declarant III-1 3.04 Garage Doors III-1 3.05 Temporary Structures III-1 3.06 Sims III-2 3.07 Debris, Trash and Refuse III-2 3.08 Plant Restrictions III-2 3.09 Exterior Clothes Lines III-2 3.10 Nuisance III-3 3.11 Owner's Maintenance and Repair Obligations III-3 3.12 Restrictions on Exploration and Removal of Minerals III-3 3.13 Indemnity by Owner of the Association III-3 3.14 Exterior Apparatus Regulations III-3 3.15 Solar Heating Systems III-4 3.16 Window Covers III-4 3.17 Leasing III-4 3.18 Committee Approval for Construction III-4, 3.19 California Vehicle Code and Parking Regulations III-4 3.20 Animal Limitations III-5 3.21 Common Fences III-6 i ARTICLE DESCRIPTION PAGE IV HOMEOWNERS' ASSOCIATION IV-1 4.01 Organization IV-1 4.02 Membership IV-1 4.03 Transfer of Membership IV-1 4.04 Joint Owner Disputes IV-1 4.05 Membership Classes and Voting Rights IV-I 4.06 Voting Requirements IV-2 V DUTIES AND POWERS OF THE ASSOCIATION V-1 5.01 Duties and Powers of the Association V-1 5.02 Maintenance Responsibilities V-1 5.03 Wood-Destroving Pests V-2 5.04 Insurance V-2 5.05 Right of Entry V-5 5.06 Budget, Financial Statements and Governing Documents V-5 5.07 Association Performance of an Owner's Obligation V-6 5.08 Penalties for Non-Compliance V-7 5.09 Powers and Limitations V-8 5.10 Utility Easements V-9 5.11 Commencement of the Association's Management Responsibility V-9 VI COVENANT FOR ASSESSMENT VI-1 6.01 Assessments VI-1 6.02 Commencement; Due Dates of Assessments VI-1 6.03 Assessment Rate VI-1 6.04 Assessment Duties of the Board of Directors VI-1 6.05 Effect of Nonpayment of Assessments: Delinquency and Remedies of the Association VI-2 6.06 Nonuse and Abandonment VI-3 6.07 Waiver of Exemptions VI-3 6.08 Assessment of Lots Owned by Declarant; Uncompleted Lot Exemption VI-4 ii ARTICLE DESCRIPTION PAGE VII ARCHITECTURAL COMMITTEE AND ARCHITECTURAL CONTROL VII-1 7.01 Approval by Architectural Committee VII-i 7.02 Committee Approval for Construction VII-1 7.03 Enforcement by Owners VII-2 7.04 Architectural Committee VII-2 7.05 Certain Procedures for the Architectural Committee VII-3 7.06 No Liability VII-3 7.07 Review Standards VII-3 7.08 Rules and Regulations VH-4 7.09 No Waiver VII-4 7.10 Completion VII-4 7.11 Entry VII-4 7.12 Compensation of Members VII-4 7.13 Variance VII-5 7.14 Appeal VII-5 VIII ESTABLISHMENT AND RESERVATION OF EASEMENTS VIII-1 8.01 Establishment of Utility and Drainage Easements VIII-1 8.02 Reservation of Utility and Drainage Easements VIII-1 8.03 Reservation of Easements for Declarant's Use VIII-1 8.04 Encroachment Easements VIII-1 8.05 Drainage System VIII-2 8.06 Transferability of Reserved Easements VIII-2 8.07 Designated Rules Against Perpetuities VIII-2 8.08 Surcharge of Easements VIII-2 8.09 Easement for Unintentional Encroachments VIII-3 8.10 Easements for Maintenance of the Common Area(s) - VIII-3 8.11 Easements over Sidewalks VIII-3 8.12 Matters Having Priority Over Easements VIII-3 8.13 Utility Easements Granted by the Association VIII-4 8.14 Golf Course VIII-4 iii ARTICLE DESCRIPTION PAGE IX MORTGAGEE PROTECTION IX-1 9.01 Subordination of Lien and Foreclosure IX-1 9.02 Mortgagees Are Not Required to Cure Certain Breaches 1Y-1 9.03 Effect of Breach of Declaration IX-2 9.04 Exemption from Right of First Refusal IX-2 9.05 Ressictions on Certain Changes . IX-2 9.06 Inspection of Association Books and Records IX-4 9.07 Condemnation Awards and Insurance Proceeds IX-4 9.08 Mortgagee's Right to Attend Meetings IX-5 9.09 Payments by Mortgagees IX-5 9.10 Loss Payable Endorsement IX-5 9.11 Notices to Mortgagees IX-5 9.12 Governmental Financing Programs IX-6 X DAMAGE AND DESTRUCTION . TO IMPROVEMENTS X-1 10.01 Alternatives in the Event of Damage and Destruction to Common Area Improvements X-1 10.02 Method of Paying Reconstruction Assessments for Reconstruction of the Improvements X-1 10.03 Damage to Dwellings X-2 10.04 Arbitration X-2 XI EMINENT DOMAIN XI-1 Condemnation XI-1 iv --------------- ARTICLE DESCRIPTION PAGE XII ANNEXATION XII-1 12.01 Annexation of Additional Property XII-1 12.02 Contents of Annexation Document XII-1 12.03 Convevance of Common Area(s) XII-2 12.04 Declarant Under No Obligation to Continue Development; Effect of Annexation XII-2 12.05 Deannexation XII-2 12.06 Association's Merger or Consolidation XII-3 XIII GENERAL PROVISIONS XIII-I 13.01 Duration XIII-1 13.02 Amendment XIII-1 13.03 Enforcement: Resolution of Disputes XIII-2 13.04 Enforcement: Binding and Non-Binding Arbitration )III-3 13.05 Notification of Declarant by Association F- of Defects and Resolution of Disputes with Declarant )III-4 13.06 Notices )III-5 13.07 Partial Invalidity XIII-6 13.08 Number XIII-6 13.09 Attomevs' Fees XIII-6 13.10 Coachella Vallev Water District Well Site XIII-6 13.11 Adjacent Commercial Development Site )III-7 EXECUTION PAGE SUBORDINATION BY LIENHOLDER EXHIBIT A - PROPERTY EXHIBIT B - ADDITIONAL PROPERTY EXHIBIT C - COMMON AREA LOT(S) EXHIBIT D - CALIFOI;LNLA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 v TABLE OF AUTHORITIES California Civil Codes Statutes P_ay Sections 712 and 713 III-2 Secction 714 III-4 Section 1350, et. seq. R-1 Section 1354 R-2, and )III-2 Section 1354(b) )III-3 Section 1356 )III-2 Section 1364 V-2 Section 1365 and 1365.5 V-5 Section 1365.7 V-3 Section 1366 VI-1, VI-2 Section 1367 VI-3 Section 1368 IV-1 Section 2924 V-8 and VI-3 California Vehicle Code Statute P3 Section 22658.2 III-4, III-5 California Corporations Code Statute P_ye Section 7341 V-8 Section 7513 V-9 vi ------- DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR THE PALM DESERT MERANO A Planned Residential Development THIS DECLARATION is dated this 2nd day of December, 1994, (for reference purposes) by THE AVONDALE CORPORATION, a California corporation ("Declarant"). RECITALS : A. Declarant is the owner of the real property ("Property") in the City of Palm _ Desert County of Riverside, State of California, described in attached Exhibit "A„ B. Declarant intends to develop the Property into a residential planned development under the provisions of California Civil Code Section 1350, et seq. C. Declarant also owns in fee certain additional real property ("Additional Property") which is adjacent to the Original Property and located in the said City and County of the State of California, described in attached Exhibit "B". D. Declarant intends (without being obligated to do so) to later develop the Additional Property and to annex and bring the Additional Property within the coverage of this Declaration and within the jurisdiction of the same Association that has been established to administer, operate and maintain the Common Areas of the Original Property. E. Subject to the specific terms, covenants, conditions, restrictions and easements set forth herein, Declarant intends to cause to be created certain reciprocal exclusive and/or nonexclusive easements, rights, and/or licenses for particular purposes, which will affect specific portions of the Common Areas located within the Original Property and Additional Property and will be appurtenant to each Lot located within the Property. R-1 F. If the Additional Property is annexed by utilizing the annexation procedures provided for herein, the term "Property" shall also mean the Original Property and the Additional Property so annexed. G. Declarant intends by this document to impose upon the Original Property, and any portions of the Additional Property that have been annexed and brought within the coverage of this Declaration and the jurisdiction of the Association, mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Lot and the Owners thereof. NOW, THEREFORE, Declarant hereby declares that the Original Property, and any portions of the Additional Property that has been annexed and brought within the coverage of this Declaration and the jurisdiction of the Association, shall be held, conveyed, Mortgaged, encumbered, leased, rented, used, occupied, sold, and improved, subject to the following declarations, limitations, covenants, conditions, restrictions, liens, charges and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property, and every part thereof, in accordance with the plan for the improvement of the Property. All of the limitations, covenants, conditions, restrictions, and easements shall constitute equitable servitudes in accordance with Civil Code Section 1354 and shall be binding upon Declarant and its successors and assignees, and all parties having or acquiring any right, title or interest in or to any part of the Property. R-Z ARTICLE I DEFINITIONS The following definitions apply unless otherwise required by the context: " " -judicial (non-court) - Non o procedure to resolve Resolution" ( ADR ( ) o Alternative Dispute R J P disputes. Such procedures include Mediation, Binding Arbitration and Non-binding Arbitration. All three types of procedures (set forth below) are conducted by a neutral third party, such as an arbitrator or a retired judge. (a) "Mediation" is an informal settlement procedure aided by a neutral third patty. (b) "Bindin2 Arbitration" is a formal non judicial procedure wherein the parties have agreed that any decision or award rendered by the arbitrator may be entered as an enforceable judgment by any parry in a court having jurisdiction. The decision or award rendered in Bindin_ Arbitration is final. (c) "Non-bindine Arbitration" is a formal non-judicial procedure wherein the matter can be heard and decided anew by a court of law having jurisdiction. "Approval" - Prior written approval. "Architectural Committee" - The committee created pursuant to the provisions of this Declaration. "Articles" - The Articles of Incorporation of the Association, including any amendments. "Association" - The California nonprofit mutual benefit corporation formed (or to be formed) to govern the Project, its successors and assignees, including its agents, the Board or any committee as applicable. "Assessments" - All types of Association charges and Assessments levied against the Owners. "Board" or "Board of Directors" - The Board of Directors of the Association. "Bvlaws" - The Bvlaws of the Association, including any amendments. "Code Section" - Any reference to "Code Section" (e.g "Civil Code", "Vehicle Code") refers to Codes as set forth by the State of California. Reference to any specific Code Section shall include anv future successor sections. I-1 "Common Area(s)" and "Common Facilities" - All real property owned and maintained by the Association for the common use and enjoyment of the Owners. The Common Area(s) to be owned by the Association at the time of the conveyance to a third-party purchaser of the fast residential Lot within the Property is described in Exhibit "C". "Common Exnenses" - The actual and estimated expenses of the Association in performing its duties as set forth in the Governing Documents. "Declarant" - The person(s) or entity identified in the introductory paragraph of this Declaration; also, Declarant's successors and assignees, if specifically granted such authority by official instrument recorded in the Office of the County Recorder. "Declaration" - This instrument and any amendments. "Deed of Trust" - A three party security instrument conveying title to land as security for the performance of an obligation. Also called "Trust Deed". "DRE" - The California Department of Real Estate and any successors thereto. "FRA" - The Federal Housing Administration of the United States Department of Housing and Urban Development and any department or agency of the United States government which succeeds to the FHA's function of insuring notes secured by Mortgages on residential real estate. "FHLMC" - The Federal Home Loan Mortgage Corporation created by Title H of the Emergency Home Finance Act of 1970, and any successors to such corporation. "FNMA" - The Federal National Mortgage Association, a government-sponsored private corporation established pursuant to Title VIII of the Housing and Urban Development Act of 1968, and any successors to such corporation. "GNI MA" - The Government National Mortgage Association administered by the United States Department of Housing and Urban Development, and anv successors to such association. "Governins Documents" - All documents governing the Association and Property, including this Declaration, the Bylaws, the Articles, and any Rules and Regulations. "Grant Deed" - A written instrument transferring title to real property. "Lot" - Any of the Lots in the Property, other than the Common Area(s), as shown on the Tract Map. "Manager" or "Managing Agent" - The parry contractually engaged by the Association or Declarant and charged with the management of the Common Area(s) and the performance of other duties of the Association. I-Z , "Member" - Any person who is a Member of the Association based upon the provisions of the Governing Documents. "Mortgage" - A two party security instrument pledging land as security for the performance of an obligation. Reference to Mortgage includes the Deed of Trust. "Mortgagee" - The parry entitled to performance by a Mortgagor. Reference to Mortgagee includes any beneficiary under a Deed of Trust on any portion of the Property, prior to the recording of this Declaration. "Mortgagor" - The parry executing a Mortgage. Reference to Mortgagor includes the Trustor under the Deed of Trust. "Notice and a Hearing" - A notice of time and an opportunity for a hearing as provided for in the Governing Documents. "Occunant" - An Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person in possession of a Lot. "Owners " - The parties holding a fee simple interest in a Lot, or the purchaser(s) of a Lot under an executory contract of sale. "Owner" does not include any party having an interest in a Lot merely as security for the performance of an obligation. "Person" - A person, partnership, corporation, trustee or other legal entity. "Phase" - That portion of the Property for which a separate DRE Final Subdivision Public Report has been issued authorizing Lots for sale. "Protect" or "Property" - The real property described in Paragraph "A" of the Recitals to this Declaration, and any improvements constructed upon it at any time. "Revelar Assessments" - Assessments used to meet the Association's normal operating expenses and to establish necessary reserves. "Restrictions" - All of the terms, provisions and restrictions set forth in the Governing Documents. "Rules and Revelations" - The rules as established and adopted by the Board and/or Architectural Committee as provided for in this Declaration. "Special Assessments" - Assessments levied on an as-needed basis to meet expenses of any extraordinary or capital nature, or imposed against a particular Owner in order to reimburse the Association for any costs incurred in connection with that Owner's violation of the Governing Documents, or a monetary penalty imposed by the Association as a disciplinary measure for failure to comply with the Governing Documents. I-3 "Trustor" - The person conveying property in trust. "VA" - The Department of Veterans Affairs of the United States and any department or agency of the federal government which succeeds to VA's function of issuing guar.-Mees of notes secured by Mortgages on residential real estate. I-4 ARTICLE II PROPERTY RIGHTS IN COMMON AREA(SJ 2.01 Common Areas and Purposes. (a) Use of the Common Area(s) must be consistent with all reasonable provisions and limitations described in the Governine Documents.. (b) Common Area(s) and related facilities and improvements exist solely for use by the Lot Owners, their families, tenants, and attests. (c) Common Area(s) may only be used for purposes approved by the Association and compatible with usage customarily associated with common areas located within residential developments in California. 2.02 Easements of Eniovment. Each Lot Owner has a nonexclusive right and easement for use of the Common Area(s) appurtenant to the Lot. 2.03 Title to the Common Areas. The Common Area(s) must be conveyed to the Association: (a) Prior to Declarant's first Lot sale to a third-party purchaser; and (b) Free and clear of all encumbrances and liens, (except nondelinquent real property taxes and Assessments, covenants, conditions, restrictions, reservations, rights and rights-of-way then of record). 2.04 Delegation of Use. (a) Subject to the Governing Documents, a Lot Owner may delegate rights of Common Area use to family members, tenants, Tests, contract purchasers and respective licensees. (b) This right of enjoyment may not be sold or dealt with separately from the Lot to which it is appurtenant. II-1 ------------- ARTICLE III GENERAL RESTRICTIONS 3.01 Single Family Residential Use. A Lot may only be used for a single family dwelling. 3.02 Business or Commercial Activitv. (a) A business or commercial activity may not be conducted by Owners on the Property, but professional and administrative occupations may be carried on within the residence if there is no external evidence of any such occupation. (b) Declarant may maintain reasonable construction, sales and leasing operations as provided herein. An Owner may not use a Lot in any manner that unreasonably interferes with those operations. 3.03 Rights Reserved by Declarant. (a) While any Lot remains unsold and for no longer than five (5) years from the issuance of the original DRE public report for the most recent phase, the Declarant may do the following: (1) Complete excavation, grading and construction of the Property; (2) Use unsold Lots for construction, real estate sales and leasing; and (3) Use any Common Area(s) as reasonably needed for ingress, egress, development, sales and construction. (b) In exercising any of these rights, the Declarant may not unreasonably interfere with any Owner's use of the Common Area(s) or Lots. 3.04 Garayors. Garage doors must be kept closed at all times when not in use as access to the garage. 3.05 Temporary Structures. A temporary structure is only permitted on a Lot with approval of the Board and if it is incidental to construction actively in progress. III-1 3.06 Sions. (a) The Declarant may erect and maintain any signs, advertising devices or structures to conduct development, and sale or leasing operations for up to five (5) years from the date of the original DRE public report for the most recent phase. (b) An Owner may advertise a Lot for sale or lease with one (1) standard real estate sign of reasonable color and display qualities and with a maximum face area of six (6) square feet. (c) No other sign or advertising device may be displayed anywhere on the Property without the prior written consent of the Association. (d) Sign regulations are subject to California Civil Code Sections 712 and 713, and any other applicable laws. 3.07 Debris. Trash and Refuse. (a) Weeds, rubbish, debris, objects or materials that are unsanitary, unsightly, or offensive are not permitted on the Property. (b) Rubbish or storage containers, woodpiles, machinery, equipment and other unsightly objects are prohibited to be visible from other Lots or Common Area(s). (c) Rubbish containers may be placed temporarily for pick-up (not to exceed twenty-four (24) hours before and after scheduled trash collection hours, except with Board approval). (d) Driveways must be kept clean and free of oil stains. 3.08 Plant Restrictions. Plants or seeds infected with noxious insects or plant diseases are not permitted on the Property. 3.09 Exterior Clothes Lines. Exterior clothes lines may not be erected and clothes may not be dried outdoors. III-2 3.10 Nuisances. (a) Illegal, offensive, or obnoxious actions that interfere with an Occupant's quiet enjoyment, or may impair the structural integrity of any building, are not permitted on the Property. (b) Construction work on the property may only be done during daylight hours. 3.11 Owner's Maintenance and Reuair Obligations. (a) Each Owner must maintain the Lot (including improvements) in a neat, sanitary and attractive condition, free from erosion, and is solely responsible for the cost of repairs and improvements. (b) Each Owner is responsible for Lot repairs and maintenance that result from wood- destroying pests or organisms. (c) Upon majority approval by Members, the responsibility for pest control repair and maintenance may be delegated to the Association, in accordance with this Declaration. (d) If an Owner fails to maintain the Lot as required, the Association may (after giving notice and a hearing) enter the Lot and perform the necessary maintenance at the Owner's cost. 3.12 Restrictions on ExDloration and Removal of Minerals. The surface area of the Property and to a depth of five hundred (500) feet below the surface may not be used for the exploration or removal of water, oil, natural gas, minerals, hydrocarbons, gravel or any earth substance. 3.13 Indemnitv by Owner of the association. Each Owner shall defend and indemnify and hold the Association harmless without limitation on any claims arising from the Owner's negligence or willful misconduct (or the Owner's family members, relatives, guests or invitees) for damages sustained on the Common Area(s), including any costs incurred. 3.14 Exterior Aonaratus Regulations. Electrical or telephone wiring, air-conditioning units, antennae, satellite dishes (or any other electronic receiving or broadcasting device), etc., may not protrude through the exterior walls or roof, unless authorized by the Architectural Committee. III-3 3.15 Solar Heating Svstems. (a) Solar heating systems may be installed on a Lots subject to the following: (1) Compliance with all applicable governmental requirements; (2) Approval by the Architectural Committee; and (3) Subject to California Civil Code Section 714, as amended. (b) The Board may grant reasonable solar access easements over Lots and Common Areas to Owners on behalf of the Association. 3.16 Window Covers. Newspaper,a er aluminum foil or similar materials may not be used as window coverings. 3.17 Leasing. (a) An Owner may not lease or rent for less than a thirty (30) day period. (b) All lease or rental agreements must be in writing and subject to Governing Documents, 3.18 Committee Approval for Construction. (See Article VII) Architectural Committee approval must be obtained before any exterior improvement, alteration or structure of any kind (including any building, fence, wall, screen, patio, patio cover, tent, awning, carport, spa, hot tub or jacuzzi, whether inside or outside) is erected, painted, or maintained, or any material alteration to the course of drainage from any Lot is made. 3.19 California Vehicle Code and ParkinQ_Regulations. (a) All applicable provisions of the California Vehicle Code will be enforced on any private streets on the Property in accordance with California Vehicle Code Section 22658.2 (or any successor statute regarding removal of parked cars and required warning signs). (b) The Association (through the Board and its agents) may establish parking Rules and Regulations. 11I-4 (c) The Association has the right and obligation to enforce all parking restrictions remove any violating vehicles in accordance with the Califo and to rnia Vehicle Code, or other applicable laws. (d) The relevant City or County has the right (but not the duty) to enforce parking restrictions in accordance with the California Vehicle Code and all other applicable laws. (e) Parking is Permitted in driveways, as long as it does not obstruct free traffic flow, constitute a nuisance, violate the Rules and Regulations, or otherwise create a safety hazard. M The following vehicles must be parked only in garages, side yards or backyards: trailers, campers, boats, mobile homes, recreational vehicles and the like, inoperable vehicles, or any vehicle the Association deems a nuisance. (g) The Association may establish "Parking" and "No Parking" areas within the Common Area(s), in accordance with California Vehicle Code Section 22658.2 (or successor statute). (h) Garage doors, if any, may not be left open, except as temporarily necessary or while used for entering or exiting. 3.20 Animal Limitations. (a) The following animals may be kept in the Lot, provided they are not kept, bred or raised for commercial purposes and they are kept under reasonable control at all times: (1) A maximum of two (2) ordinary household pets (e.g., domestic dogs and cats); and (2) A reasonable number of caged birds or fish in an aquarium. (b) Any other animals may only be kept on the Property with prior Board approval. (c) Any animals that unreasonably bother or annoy other Owners may not be kept on the Property (for example, excessive barking). (d) Pets are not allowed in the Common Area(s) except as permitted by the Rules of the Association. III-5 (e) A dog may only enter the Common Area(s) while on a leash which is held by a person capable of controlling it. (f) A dog whose barking unreasonably disturbs other Owners will not be permitted to remain on the Property. (g) Owners must prevent their pets from soiling the Common Area(s), and are responsible for any required clean-up. (h) The Board shall determine whether specific pets are permitted on the Property. 3.21 Common Fences. (a) An easement exists appurtenant to any Lot for any "Common Fences" (fences on boundary lines between the Lots and/or Common Area(s)) originally installed by the Declarant, whether or not the fences are located precisely on the Lot boundary line. (b) Owners with a Common Fence have an equal right to use the fence, with the following provisions: (1) Each Owner has exclusive right to use the interior surface of the fence facing the Residence; (2) Owners may not drive nails, screws, bolts or other objects more than half way through any Common Fence; (3) Owners may not interfere with the adjacent Owner's us.: and enjoyment of the Common Fence; (4) Owners may not threaten or impair the structural integrity of the Common Fence: and (5) If any portion of the fence (other than the interior surface of one (1) side) is damaged by any cause other than the act or negligence of either party, it must be repaired or rebuilt at the relevant Owners' joint expense. III-6 ARTICLE IV HOMEOWNERS' ASSOCIATION 4.01 Organization. The Association is a California nonprofit mutual benefit corporation charged with the duties and vested with the powers prescribed by law and set forth in the Restrictions. 4.02 Membershin. Every Lot Owner has an indivisible interest in a single Membership in the Association. 4.03 Transfer of Membership. (a) Membership of each Owner shall be appurtenant to the Lot owned, and may only be (and is automatically) transferred upon conveyance of title to a Lot to the new Owner. (b) In connection with any transfer or change of ownership of any Lot, the Association and each Owner must comply with Civil Code Section 1368. 4.04 Joint Owner Disnutes. (a) Each Lot is entitled to one (1) vote. (b) Each Lot's vote is cast as a single unit, without fraction. (c) If joint Owners of a Lot cannot agree about how to cast their vote, they forfeit their right to vote on the matter in question. (d) If a joint Owner casts a vote representing a certain Lot, it will be presumed for all purposes to be a vote with the authority and consent of all other joint Owners of the Lot. 4.05 Membership Classes and Voting Rights. (a) A Lot Owner has voting rights when the Lot becomes subject to Assessments. (b) Class A Members - All Lot Owners (other than Declarant). Each Lot is entitled to one (1) vote. IV-1 (c) Class B Member - The Declarant, entitled to three (3) votes for each Lot owned. (d) Class B Membership ceases and converts to Class A Membership when either of the following occurs: (1) Two (2) years after the date of the first conveyance after issuance of the subdivision public report for the most recent phase of the Property; or (2) Four (4) years after the date of the first conveyance after issuance of the subdivision public report for the Original Property. 4.06 Voting Renuirements. (a) If Membership approval of a prescribed majority of the voting power (other than Declarant) is required, the following rules apply: (1) If both Class A and Class B Members a:-dst, the required vote is a bare majority of Class B voting power, and the prescribed majority of Class A voting power; or (2) After conversion to all Class A memberships, the required vote is a bare majority of the total voting power of the Association, and the prescribed majority of the total voting power of Members other than Declarant. (b) Unless otherwise specifically required, Membership approval requires the affirmative vote of a majority of a quorum of each class of Membership (after conversion, Class A only). IV-2 ARTICLE V DUTIES AND POWERS OF THE ASSOCIATION 5.01 Duties and Powers of the Association. The Association has all of the powers of a California nonprofit mutual benefit corporation, generally to act as necessary and proper for the peace, health, comfort, safety and general welfare of its Members, subject to the limitations set forth in the Restrictions. 5.02 Maintenance Responsibilities. The Association shall: (a) Maintain, and repair in a first-class condition the Common Area(s) and any other real property acquired by the Association, including all related facilities, improvements and landscaping. Association responsibility for maintenance and repair does not extend to damage caused by a willful or negligent act by an Owner, family member, guest, tenant, or invitee. The cost and responsibility for any and all such repair must be borne by the person causing the damage, or the relevant Lot Owner. (b) Pay real and personal property taxes or charges assessed against any part of the Common Area(s). (c) Have authority to obtain refuse collection, gardening, janitorial services, water, sewer, electrical, gas and other utility services for the benefit of the Common Area(s), to be paid for by Assessments levied and collected for the services. (d) Have authority to discharge by payment any lien against the Common Area(s), including any property taxes and Assessments which may become liens, and assess all costs and fees to the Member(s) responsible for the lien. Such a property tax or Assessment may be contested or compromised by the Association, provided that it is paid, or a bond insuring its payment is posted prior to the disposition of any property to satisfy the payment of taxes. (e) Have authority to obtain management services (the "Manager") to manage the Common Area(s) and any other personnel needed to perform the dutiAs and responsibilities deemed advisable by the Association, with the following conditions: (1) If there are more than twenty (20) Lots in the Project; the Manager must be covered by a fidelity bond equal to a three (3) month Assessment of all the Lots and provides for a ten (10) day written notice to the Association and each FNMA Mortgage servicer before the bond is cancelled or modified for any reason. V-1 (2) If the Association enters into a professional management contract before the conversion of Class B to Class A memberships, the contract must include a right of termination without cause (with an advance notice of thirty (30) days and without payment of any penalty) that the Association may exercise at any time after conversion. (3) Members of the Association are not liable for any omission or improper act of the Manager. (f) Have authority to adopt reasonable rules consistent with this Declaration relating to use of the Common Area(s) and facilities. (g) Have a duty to maintain all drainage easements and facilities owned by the Association, if any. (h) Have the power to establish and maintain working capital, reserve and/or contingency - funds in reasonable amounts to be determined by the Board. 5.03 Wood-Destrovine Pests. If maintenance and repair necessitated by wood-destroying pests or organisms is required by the Association, the procedure must be in compliance with Civil Code Section 1364. 5.04 Insurance. (a) It is the Association's duty to obtain and maintain insurance coverage as mandated in this Section, provided that it is available at a reasonable cost. (b) Blanket insurance policy premiums are a Common Expense to be included in the regular Assessments. (c) The policies shall name as insured the Owners, their Mortgagees, the Association, and the Declarant (while an Owner of any Lot). (d) The Board of Directors must maintain the following insurance coverages: (1) Fire insurance for one hundred percent (100 0) of the full replacement value of all Common Area improvements. without deduction for depreciation or coinsurance: (2) Extended coverage that includes vandalism, malicious mischief, and replacement costs. V , (3) Comprehensive public liability insurance in an amount specked by Civil Code Section 1365.7 (See Exhibit "D") that covers the Association, Board, Managing Agent, Owners, Occupants and any other agents or employees incident to the ownership or use of Common Area(s) against physical injury, death and property damage arising out of a single occurrence. (4) If available, an extended coverage endorsement clause known as "Special Form", and a clause that permits a cash settlement to cover the full value of improvements in case of destruction and a subsequent decision not to rebuild. (5) At Board discretion, there may be a deductible of no more than Ten Thousand Dollars ($10,000.00) or one percent (1%) of the face amount of the policy (whichever is greater). (6) Each hazard insurance policy must be written by a carrier who meets FNMA requirements for a "Best Rating". (7) Workers' compensation insurance in compliance with all applicable laws. (8) If the Secretary of Housing and Urban Development identifies the Property as having special flood hazards: (A) A "blanket" flood insurance policy must be maintained to the maximum coverage available under the appropriate National Flood Insurance Administration program, or 100% of the insurable value of the facilities, whichever is less; and (B) The maximum deductible for the policy is FIVE THOUSAND DOLLARS ($5,000) or one percent (1%) of the policy's face amount, whichever is less. (9) A fidelity bond that insures the Association for the estimated maximum amount (or at least three (3) months aggregate Assessments on all Lots and reserve funds) that could be affected by the dishonest act of any person who handles funds for the Owners' benefit. (Mandatory for a Property with more than twenty (20) Lots, and at the option of the Association for a Property with less Lots or for a VA approved Project.) (e) Insurance proceeds are payable to the named insureds, except for the Owners' interests in such proceeds, which are payable to the Association as trustee for their benefit, as provided for below. (f) The Association is trustee of the Owners' interest in insurance proceeds paid on any policy and accordingly has full power to act. V-3 (9) The Association must immediately give a copy of any insurance policy to the Declarant. (h) All insurance policies must require a written thirry (30) day notice of modification or termination of coverage from the insurer to the Association, Declarant, Owners and their Mortgagees, and any interested party who requests such a notice. G) Fidelity bonds must provide for a ten (10) day written notice of modification or termination to any insurance trustee, and to each FNMA servicer who has filed a written request with the carrier for such notice. (j) The Association is not obligated to provide intra-Lot public Iiability insurance or any protection against risks customarily covered under "homeowners" or "broad form homeowners" policies. Owners may individually insure against such risks. (k) Any insurance policy the Association deems appropriate. (1) At least annually, the Board must review the Association's insurance policies. (m) If economically feasible, prior to each annual review the Board shall obtain a current appraisal of the full replacement value of Common Area improvements (except for foundations and footings) without deduction for depreciation. (n) Association insurance policies shall contain the following provisions, as appropriate: (1) Statements that the policies are primary and non-contributing; (2) Statements that an Owner's conduct will not constitute grounds for avoiding liability; (3) A waiver of the carrier's right of subrogation against any Owner or family member, the Association, the Board, the Manager, the Architectural Committee, the Declarant, and any of their agents or employees; (4) Inflation Guard Endorsement (if obtainable at a reasonable cost); (5) Any Insurance Trust Agreement will be recognized; (6) If a construction code requires changes to undamaged portions of a building when any part of the building is destroyed by an insured hazard, then a Construction Code Endorsement, typically including endorsements for demolition cost, increased cost of construction, and contingent liability from building operation laws; and V-4 (7) If the project has central heating or cooling, Steamed Boiler and Machinery Coverage Endorsement should provide a minimum liability per accident of $2,000,000, or the insurable value of the building housing the boiler or machinery, whichever is less. (8) Standard Mortgagee clause, and name as Mortgagee FNMAE or servicer (if applicable). 5.05 Rialrt of Entry. (a) The Association has the right to enter any Lot it Common Area(s) to determine compliance with the Governing Documents and to maintain or repair areas as required by this Declaration. (b) In case of emergency, a Lot may be entered immediately. Otherwise, a Lot may only be entered at reasonable hours after the Owner has received three (3) days notice. (c) Entry must be made with as little inconvenience as possible to the Owner. 5.06 Budget Financial Statements and Governing Documents. (a) The Board of Directors of the Association must comply with all current requirement of California Civil Code Sections 1365, et. seq., or successor statutes pertaining to financial records, governing document, etc. (b) The Association shall make the following document available for inspection and copying by a Member or his duly appointed representative at the office of the Association upon request during normal business hours or under other reasonable circumstances: (1) The Membership register, mailing addresses, telephone numbers, books of account and minutes of meetings of the Board for any purpose reasonably related to a Member's interest. (2) For Owners, lenders, holders, insurers and guarantors of a first Mortgage on. any Lot, current copies of all Governing Document, books, records, and financial statement of the Association; (3) The Association may charge a fee to the requesting parry for this service which may not exceed the reasonable cost to prepare and reproduce the requested items. V-5 1 - 5.07 Association Performance of an Owner's Obligations. If an Owner fails to accomplish any maintenance or repair required by this Declaration, the Association has the right (but not the obligation) to cause such maintenance or repair to be accomplished according to the following regulations: (a) The Board must give the offending Owner a Notice of Deficiency that outlines the problem and sets a date for a hearing before the Board or is appointed, Committee ("Board"). (b) A hearing must be held from fifteen (15) to thirty (30) days after the Notice of Deficiency's delivery date and must be conducted as follows: (1) According to reasonable rules and procedures adopted by the Board; (2) An Owner may present evidence and cross-examine any person offering evidence against the Owner; (3) A decision rendered against the Owner must set a reasonable date by which the Owner is to correct the deficiency; and (4) A committee decision may be appealed to the Board, but a decision by the Board is final. (d) If the deficiency continues after the time limit imposed by the Board, such maintenance or repair may be accomplished according to the following regulations: (1) After written notice by the Board, the Owner has no more than ten (10) days to select a day(s) when such maintenance or repair may be accomplished; (2) The Owner must select a date between fifteen (15) and forty-five (45) days from the final day of the ten (10) day Notice of Action period; (3) If the offending Owner does not select a day(s), the Board may select dates to accomplish the work, between twentyive (25) and fifty-five (55) days from the last day of the ten (10) day Notice of Action period; and (4) Unless the Owner and Board otherwise agree, such maintenance or repair may take place during daylight hours Monday through Saturday, excluding national holidays. (e) Any Association payments for such maintenance or repair must be reimbursed by the Owner within thirty (30) days of Association performance. V-b 5.08 Penalties for Non-Compliance. (a) In recognition of the need for a reasonable means of encouraging and insisting upon compliance with the provisions of the Governing Documents without resorting to suits for injunctive relief, the Board is authorized to do the following: (1) Establish a reasonable policy of reasonable penalties, including monetary penalties which specifies the amounts of potential monetary penalties; and (2) Assess any Owner found to be in violation of any provision. (b) Notice and Hearing relating to the imposition of any penalties in this Section must be made in the following manner and at a minimum: (1) Notice must be given to the relevant Owner's most recent address in the Association's records at least fifteen (15) days before the proposed effective date of the penalty; (2) Notice must set forth details of the violation itself, the proposed penalty, and the date, time and place of the Hearing; (3) The penalized Owner may be heard (either orally or in writing) at a Hearing held at least five (5) days before the effective date of the proposed penalty; (4) Hearing will be held by the Board of Directors, and their decision is final and binding upon the Owner; and (5) Following the Hearing, the Board must decide whether or not the Owner should in fact be penalized, and the nature of the penalty. (c) If the Association adopts a policy imposing any monetary penalty, including any fee on any member for a violation of the governing documents or rules of the Association, including any monetary penalty relating to the activities of a guest or invitee of a member, the Board shall adopt and distribute to each member by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for those violations, which shall be in accordance with authorization for member discipline contained in the Governing Documents. (The Board shall not be required to distribute anv additional schedules of monetary penalties unless there are changes from the schedule that was adopted and distributed to the members.) (d) The Board shall meet in executive session if requested by the member being disciplined, and the member shall be entitled to attend the executive session. V7 (e) If an Owner fails to comply with a penalty imposed pursuant to the provisions of this Section, the Board may seek judicial enforcement of the penalty in any court of competent jurisdiction, with the Owner liable for all costs (collection costs, court costs, attorney's fees, etc.). However, such penalties and costs shall not be treated as an assessment that may become a prejudgment lien enforceable by Civil Code Section 2924. (f) Notwithstanding the foregoing, the Owner shall be given, at a minimum, the rights set forth in Corporations Code Section 7341 or any successor statute. 5.09 Powers and Limitations. (a) Except as to matters requiring the approval of Owners, the affairs of the Association shall be managed and conducted by the Board and its officers consistent with the law. (b) The Board is authorized to institute, defend, settle or intervene on behalf of the Association in litigation, arbitration, mediation, or administrative proceedings in matters pertaining to: (1) Enforcement of the governing instrumeats; (2) Damage to the Common Area(s); (3) Damage to the separate interests which the Association is obligated to maintain or repair; or (4) Damage to the separate interests which arises out of, or is integrally related to, damage to the Common Area(s) or separate interests that the Association is obligated to maintain or repair. (c) The Board may not ordinarily take anv of the following actions unless approved by a majority of Members (other than Declarant) constituting a quorum, at a meeting or by written ballot without a meeting, pursuant to Corporations Code Section 7513: (1) Enter into a contract for a term longer than one (1) year with a third person who furnishes goods or services for the Common Area(s) or the Association, with the following excentions: (A) A management contract with terms approved by the FHA or VA; (B) A contract with a public utility company if the Public Utilities Commission regulates rates charged for materials or services, provided that the contract term does not exceed the shortest term for which the supplier will contract at the regulated rate; v-s (C) Prepaid casualty and/or liability.insurance policies of not to exceed three (3) years' duration, provided that the policy permits short-rate cancellation by the insured; (D) Lease agreements for laundry room fixtures and equipment not to exceed five years duration, provided that Declarant's ownership interest in the lessor under the agreement does not exceed ten percent (10%); (E) Agreements for satellite dishes or cable television services and equipment, not to exceed five (5) years duration, provided that the Declarant's ownership interest in the entity does not exceed ten percent (10%); and (F) Agreements for sale, lease, installation or services of burglar and fire alarm equipment, not to exceed five (5) years duration, provided that Deciarant's ownership interest in any entity involved does not exceed ten percent (10%). (2) Incur aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. (3) Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year. (4) Pay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business provided, however, that the Board may cause a member or officer to be reimbursed for expenses incurred in carrying on the business of the Association. 5.10 Utility Easements. The Association may grant easements and rights of way through the Common Area(s) for water, sewer, telephone and cable lines, storm arams, underground conduits, sprinkler systems, and other purposes intended to maintain the health, safety, convenience and enjoyment of the Lots and Common Area(s). 5.11 Commencement of association Management Responsibility. The Association's obligations specified in this Article are effective as of the first sale of a Lot to a third parry. V-9 ARTICLE VI COVENANT FOR ASSESSMENT 6.01 Assessments. (a) Assessments may be levied by the.Association for improvement and maintenance of the Common Area(s), administration of the Property, and to promote the recreation, safety, and welfare for the common good of all the Owners. (b) Each Owner, by acceptance of a deed to a Lot, whether or not it shall be so expressed in any deed, covenants and agrees to pay all Assessments to the Association. (c) Assessments and related interest, collection costs, and reasonable attorneys' fees are the personal obligations of the Owner and binds heirs, devisees, representatives, successors and assignees, but does not pass to successors in title unless expressly assumed by them. The Lot does remain subject to any Assessment liens of record, except upon foreclosure of a first Mortgage as stated in the Article entitled "Mortgagee Protection". (d) The Association may not collect an Assessment fee in excess of the amount needed for the purpose levied. 6.02 Commencement: Due Dates of Assessments. Except for the partial first year, Regular Assessments shall be due and payable in any reasonable manner established by the Board. Regular Assessments against the Lots within a particular DRE phase commence on the first of the month immediately after conveyance of the first Lot in that particular phase.to a purchaser. 6.03 Assessment Rate. (a) Regular Assessments and Special Assessments must be fixed at a uniform rate for all subject Lots, except as otherwise provided. (b) Each subject Lot is liable for a pro rasa share (the fractional number one (1) over the total number of Lots subject to Assessment by the Association at that time). 6.04 Assessment Duties of the Board of Directors. The Board must levy Regular and Special Assessments in compliance with Civil Code Section 1366. VI-1 6.05 Effect of Nonpayment of Assessments: Delinquency and Remedies of the Association. (a) An Assessment is delinquent ("Delinquent Assessment") if not paid within fifteen (15) - days after the due date. A Delinquent Assessment includes: (1) A late charge imposed by the Board to the maximum amount in accordance with California Civil Code Section 1366 (or any successor statutes); (2) Reasonable collection costs and attorney's fees; and (3) Interest on all costs and charges at the maximum permissible rate, commencing thirty (30) days after the Assessment is due. (b) Delinquent Assessments and related costs will be a continuing lien on the relevant Lot when a "Notice of Delinquent Assessment" is recorded against an Owner's fee interest in a Lot. This lien is prior and superior to all other monetary liens on the Owner's fee interest except: (1) Taxes, bonds, Assessments and other levies that are superior by law; and (2) The lien or charge of any first Mortgage of record made for value in good faith. (3) The lien for Assessments which were due and payable prior to the transfer of an Owner's interest in a Lot shall be deemed extinguished upon the transfer of said interest as the result of the exercise of a power of sale or:a judicial foreclosure involving a default under the first Mortgage. (4) Notwithstanding the foregoing, any Special Assessments imposed against a particular Owner in order to reimburse the Association for any costs incurred in connection with that Owner's violation of the Governing Documents, or a monetary penalty imposed by the Association as a disciplinary measure for failure to comply with the Governing Documents, may not become a lien against the Owner's interest. However, this does not apply to charges imposed against an Owner consisting of reasonable late payment penalties for delinquent assessments and/or charges to reimburse the Association for the loss of interest or for costs reasonably incurred including attorney's fees in its efforts to collect other delinquent assessments. (c) In addition to all other legal rights and remedies, the Association may: (1) Bring legal action against an Owner who is personally obligated to pay the Assessment and charges (without foreclosing or waiving any lien security); vI-2 0 (2) Judicially foreclose the lien against the Lot, including the Assessment, interest, collection costs and late charges; (3) Foreclose the lien by power of sale in accordance with California Civil Code Sections 2924-2924h, or any other lawful manner; (4) Bid on the Lot through authorized agents at the foreclosure sale, to acquire and thereafter to hold, lease, Mortgage or convey; or (5) Temporarily suspend the voting rights of the .:wner in accordance with the provisions of this Declaration. (d) Foreclosure action may not proceed until thirty (30) days after a Notice of Claim of Delinquent Assessment is duly recorded with the relevant County Recorder that meets the requirements of Civil Code Section 1367. (e) A copy of the Notice of Claim of Delinquent Assessment must be sent by certified or registered prepaid United States mail, addressed to the Owner or his designated agent previously given in writing to the Association at the Lot (or an address that the Owner has previously given in writing to the Association which address must be within the United States). (f) Upon an Owner's timely payment of a default and all related fees, Association officers may prepare and record (at the Owner's cost) a release of the Notice of Delinquent Assessment. (g) No transfer of an Owner's interest in a Lot as a result of a foreclosure or exercise of a power of sale shall relieve the new Owner whether it be the former beneficiary of the first mortgage or another person, from liability for any assessment thereafter becoming due or from the lien thereof. 6.06 Nonuse and Abandonment. An Owner does not waive or otherwise escape liability for Assessments by nonuse of the Common Area(s) or abandonment of a Lot. 6.07 Waiver of Exemptions. With respect to Assessment liens, each Owner waives (to the extent permitted by law) the benefit of any California homestead or exemption laws in effect when any Assessment or installment becomes delinquent or a lien is imposed. VI-3 6.08 Assessment of Lots Owned by Declarant: Uncompleted Lot Exemption. (a) Each subject Lot Declarant owns will be assessed the same as any other individually owned Lot (unless otherwise provided in this Declaration). (b) Each uncompleted Lot Declarant owns is exempt from any Assessment or monetary obligation which is for the purpose of defraying expenses and reserves directly attributable to the existence of the Lot, including without limitation: (1) Roof replacement reserves; (2) Exterior maintenance, painting and reserve expense; (3) Cable television; (4) Minor repairs; (5) Fire insurance; (6) Walkway and carport lighting; (7) Refuse disposal; and (8) Domestic water supplied to living Lots. (c) The above exemption remains in effect until either: (1) A notice of completion for the Lot has been recorded;.or (2) Until sixty (60) days after the first Lot is conveyed. VI-4 ARTICLE VII ARCHITECTURAL CONLN =E AND ARCHITECTURAL CONTROL 7.01 Annroval by Architectural Committee. (a) Except for initial landscaping and improvements constructed by the Declarant, any exterior construction or alteration (fence, wall, grading, material alteration to the course of drainage, structure, color change) anywhere on the Property must fast be approved in writing by the Architectural Committee. (b) Complete plans and specifications must be submitted in writing with the signature of the Owner (or authorized agent), showing plot Iayout, exterior elevations, materials, sizes, color, design and landscaping. (c) Tree or plant materials that interfere with the aesthetic enjoyment and unobstructed view of any Lot are not permitted on the Property. (d) Plans and specifications for placement of any tree or plant material which can reasonably be expected to exceed eight (8) feet in height must fast be approved in writing by the Architectural Committee. (e) The Architectural Committee may withhold approval if it determines that the harmony, aesthetic beauty, or natural view of any Lot would be impeded by a proposed planting. (f) The Association may require the responsible part' to trim or remove any plant the Architectural Committee believes detracts from the harmony and aesthetic beauty of any Lot. (g) Owners must comply with all applicable civil laws, codes, and regulations. 7.02 Committee Anorovai for Construction. (a) Architectural Committee approval must be obtained before any exterior improvement, alteration or structure of any kind (including any building, fence, wall, screen, patio, tent, awning, carport, spa, hot tub, jacuzzi, air conditioning unit, antennae, lighting, etc.) is erected, maintained or painted. (b) "Exterior" includes any outside surface, wall, roof, door, patio, balcony, deck, garage or other outside Residence structure which is visible to others. V1I-1 (c) An Owner may not landscape the Common Area(s), patios or yards visible from the street or Common Area(s) without the approval of the Architectural Committee. However, an Owner may landscape the patio with natural plants, grass, trees and/or shrubs that grow low to the ground without Architectural Committee approval. 7.03 Enforcement by Owners. If the Association fails to take corrective action within a reasonable period of time after knowledge of a violation, an Owner may take legal action to enforce these provisions. 7.04 Architectural Committee. Architectural Committee Members shall be appointed and replaced as follows: (a) Until one year after DRE issues the initial final public report for the Property, Declarant may appoint: (1) All original Members of the Architectural Committee; and (2) All replacements to the Architectural Committee. (b) Declarant may appoint a majority of Architectural Committee Members until.either: (1) Ninety percent (90%) of all of the Lots have been sold; or (2) Five years after DRE issues the initial final public report for the Property. (c) One (1) year after DRE issues the initial final public report for the Property, the Board may appoint one Member to the Architectural Committee until either: (1) Ninety percent (90%) of all Lots have been sold; or (2) Five years after DRE issues the initial final public report for the Property. (3) Thereafter, the Board may appoint all Architectural Committee Members. (d) Architectural Committee Members appointed by the Board must be Association Members. (e) Architectural Committee Members appointed by Declarant need not be Association Members. (f) The Architectural Committee shall act by majority vote. VII-2 (g) The Architectural Committee will meet periodically to perform its duties. (h) The number of Architectural Committee Members will be established and governed by the Bylaws. 7.05 Certain Procedures for the Architectural Committee. (a) For any Member unable (or unwilling) to serve on the Architectural Committee, the remaining Member(s) will have authority to approve or reject any proposed construction or alteration. (b) If the Architectural Committee (or representative) fails to rule on a proposal within thirty (30) days after complete plans and specifications have been submitted as outlined below, the plans will be considered automatically approved. (c) Complete plans and specifications must be either: (1) Personally delivered to any Architectural Committee Member; or (2) Mailed postage prepaid, certified mail, return receipt requested to the Committee at its current address. 7.06 No Liabilitv. The Association, Declarant, and Architectural Committee (including officers, directors, employees, agents and Members) are nor liable in any way for loss, damage or injury connected with the Committee's duties, unle:.-- there is evidence of willful misconduct or bad faith (in which case only the guilty person(s) are liable). 7.07 Review Standards. (a) The Architectural Committee must approve or reject plans and specifications submitted for proposed construction or alteration based on: (1) Reasonable standards for the aesthetic aspects of design, placement, landscaping, color, finish, materials, and exterior harmony with existing structures; and (2) Overall benefit or detriment to the Property and the area immediately surrounding the Lot involved. VII 3 (b) The Architectural Committee is not responsible for approval of plans from the standpoint of structural safety or conformance with building codes. (c) Architectural Committee approval of solar heating units may not be withheld unreasonably. 7.08 Rules and Revelations. The Architectural Committee may adopt, amend and repeal reasonable rules and regulations. 7.09 No Waiver. Architectural Committee approval of a proposal does not limit the Committee's right to withhold approval for similar proposals. 7.10 Completion. When work approved by the Architectural Committee begins, it must be diligently prosecuted to completion. 7.11 Entrv. (a) The Association and Architectural Committee (or authorized entity) has the right and duty to periodically inspect all Lots to insure that each Owner fulfills the duties and obligations of the rules and regulations. (b) The Lot Owner must be given reasonable advance notice of entry as specified in this Declaration. 7.12 Compensation of Members. Architectural Committee Members may not receive compensation for services rendered, (other than reimbursement for reasonable expenses), unless approved by a majority vote of each class of Association Membership. VII-4 7.13 Variance. (a) The Architectural Committee may allow reasonable variances to any of the Covenants contained in this Declaration or any provisions under the rules and regulations promulgated by the Architectural Committee on terms and conditions it shall establish. (b) Granting any such variance does not waive any of the terms and provisions of this Declaration in any way, except for the particular Lot and provision covered by the variance. (c) Variance does not affect an Owner's obligation to comply with all governmental laws and regulations. 7.14 Anneal. (a) After the Declarant has lost the right to appoint a majority of Members of the Committee, all decisions of the Committee are subject to review by the Board. (b) Unless the composition of the Membership of the Committee is identical to the Board, the Board must review and decide upon the proposal within forty-five (45) days after the decision by the Committee. VII-5 ARTICLE VIII ESTABLISHMENT AND RESERVATION OF EASEMENTS 8.01 Establishment of Utility and Drainage Easements. Owner rights and duties regarding "the System" (drainage facilities, sewer, water, electricity, gas, telephone, cable television and other utility lines and facilities) are: (a) Easement for Systems that lie on Lots or Common Area(s) is granted to the full extent necessary for utility companies and the Association to install, maintain and repair the Systems; (b) If a utility System serves more than one Lot, each Owner served is entitled to reasonable use and enjoyment of all necessary portions of the System. (c) System easements may not interfere with an Owner's use and enjoyment of any of the buildings originally constructed on the Lots. 8.02 Reservation of Utility and Drainage Easements. (a) Declarant reserves the right to grant and transfer easements over the Lots and Common Area(s) for installation, maintenance and repair of the System lines. (b) Any such easement may not interfere with an Owner's use and enjoyment of the Lots and Common Area(s). 8.03 Reservation of Easements for Declarant's Use. Declarant reserves the right to grant non-exclusive easements over the Lots and Common Area(s) for the limited purposes authorized above. 8.04 Encroachment Easements. (a) Each Lot possesses a continuing easement over all adjoining Property (including Lots and Common Areas) to accommodate minor encroachments due to: (1) Original engineering or survey errors; (2) Errors in original construction; VIII-1 (3) Settlement or shifting of a building, wall or structure; or (4) Any other similar reason. (b) A valid easement for encroachment exists for maintenance of anv Common Area. 8.05 Drainage Svstem. (a) The Association and each Owner accept the drainage pattern for the Lots and Common Area(s) established by the final grading of the Property originally undertaken by Declarant (including roof drainage from adjacent Lots and Common Areas). N The established drainage pattern may not be altered without prior written approval by the Association and/or Architectural Committee. (c) If the drainage pattern must be altered, the Association and/or Architectural Committee must make reasonable and adequate provisions for proper drainage. 8.06 Transferability of Reserved Easements. Declarant has the power to grant or transfer easements to any person(s) or entity. 8.07 Designated Rules Against Perpetuities. Easements established in this Article may be granted at any time prior to twenty-one (21) years after the death of any of the individuals who have signed this Declaration (and their living issue as of the date signed). 8.08 Surcharge of Easements. The following do not constitute a surcharge of easements: (a) Use of the dominant tenement-. (b) Use of any of easement in this Article; or (c) Division of a dominant tenement into two or more parcels for any purpose. VIII-2 8.09 Easement for Unintentional Encroachments. (a) A nonexclusive easement exists appurtenant to each Lot extending on, over and across any adjacent Lot (Residential or Common Area) within the following limitations: (1) Not in excess of one foot (1') by any foundations or footings; (2) Not in excess of three feet (3') for eaves or other overhangs, wing walls or chimneys (reconstructed or altered in accordance with this Declaration); and (3) Not in excess of one foot (1') by any improvement resulting from subsequent settling or shifting. (b) Encroachments must be measured at the point of encroachment along a plane perpendicular to the common property line between the relevant Lots. 8.10 Easements for Maintenance of the Common Area(s). The Association has a nonexclusive easement for ingress, egress and access to all portions of the Property to perform its maintenance obligations established in this Declaration. 8.11 Easements Over Sidewalks. The Declarant reserves and grants nonexclusive reciprocal easement rights to all Owners, tenants and invitees over any sidewalks, for pedestrian access, use and enjoyment. 8.12 Matters Having Prioritv Over Easements. All easements are subject to all of the following: (a) Non-delinquent general and special real property taxes, easements, and bonds; (b) Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. (c) Reasonable rules and regulations of the Association. VIII-3 8.13 Utilitv Easements Granted by the Association. The Association may grant easements and rights of way through the Common Area(s) for water, sewer, telephone and cable lines, storm drains, underground conduits, sprinkler systems, and other purposes intended to maintain the health, safety, convenience and enjoyment of the Lots and Common Area(s). 8.14 Golf Course. ? (a) Some of the residential Lots adjoin a Golf Course ("Golf Course"). (b) By accepting a deed to a Lot, each Owner, for himself/herself and invitees, personal representatives, assigns and heirs (collectively, the "Owner's Related Parties") hereby: (1) Acknowledge the potential effect on the Lot, its Exclusive Use Common Area(s), if any, and the Common Area(s) of the Property, of stray golf balls, during the normal course of play, and other events inherent to the activities of the Golf Course ("Golf Course Hazards"); (2) Acknowledge and understand that the Golf Course may be irrigated with reclaimed water. Reclaimed water is not approved for drinking purposes and its use is solely for irrigation purposes. The standards for reclaimed water and its suitability for irrigation purposes are determined by applicable governmental agencies, which standards may vary from time to time. Lou adjacent to the Golf Course may be subject to overspray from the Golf Course's irrigation systems. Such Lots, landscaping, fencing, or other yard improvements, and any personal property or improvements located thereon may be adversely affected by such overspray ("Golf Course Hazards"). Q) Assume the risk of any property damage, personal injury, and/or creation or maintenance of a trespass or nuisance created by or arising in connection with the Golf Course Hazards during the normal course of play and operation (collectively, the "Assumed Golf Course Risks"); and (4) Release, waive, discharge, covenant not to sue, indemnity and agree to hold harmless Declarant, the Association, the Board, the other Members, and each of their respective officers, directors, shareholders, affiliates, successors and assigns (collectively, the "Released Parties" from any and all liabiliry to the Owner, or Owner's Related Parties, for any losses, costs (including, without limitation, attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Golf Course Risks, whether caused by the negligence of the Released Parties or otherwise. VM-4 1 (d) Notwithstanding the foregoing, however, in no event shall paragraph (b) relieve the Golf Course or any golfer from any claims or liability for any Golf Course Hazard caused by such Golf Course or golfer, and said liability shall be determined and remedied in accordance with the prevailing laws of the State of California. VM-5 ARTICLE LY MORTGAGEE PROTECTION 9.01 Subordination of Lien and Foreclosure. (a) Any lien created or claimed in this Declaration: (1) Is subject and subordinate to the rights of any first Mortgage that encumbers any part of the Property made for value in good faith; andV (2) May not in any way impair or invalidate the obligation or priority of a fast Mortgage unless expressly subordinated in writing by the Mortgagee. The signing of any Mortgagee to the Subordination by Lienholder included in this Declaration shall not constitute said lienholder's subordination to any future Assessment lien. (b) Foreclosure of any Assessment lien created by any provision of this Declaration shall not operate to impair any lien encumbered by a first Mortgage made for value in good faith. (c) Upon foreclosure of a first Mortgage, the purchaser: (1) Will take the Lot title free of any Assessment lien accrued up to the time of the foreclosure sale (provided that nothing herein is intended to impair the rights of the Association to receive payment on any Assessment lien in the event the net sale proceeds are in excess of what is owed on all encumbrances prior to the Assessment lien); (2) Is only obligated to pay Assessments or other Association charges accruing after the Lot title is acquired; and - (3) Where the Mortgagee obtains title with a deed in lieu of foreclosure, any Assessment lien will not be extinguished. 9.02 Mortgagees Are Not Required to Cure Certain Breaches. A first Mortgagee who acquires title by foreclosure or by a deed in lieu of foreclosure or assignment in lieu of foreclosure shall not be obligated to cure an existing breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. LY-1 9.03 Effect of Breach of Declaration. (a) Breach of this Declaration may not: (1) Cause any forfeiture or reversion of title; or (2) Bestow any right of reentry. (b) Breach of this Declaration may be enjoined or abated by court action by the Association, Declarant, or any Lot Owner, and damages may also be awarded provided that: (1) The violation does not impair or invalidate the Mortgage lien or deed of trust made for value in good faith; and (2) This Declaration binds any Owner whose title is derived through foreclosure, trustee's sale or otherwise. 9.04 Exemption From Right of First Refusal. (a) No right of first refusal or similar restriction may be placed on an Owner's right to sell, transfer, or otherwise convey a Lot, unless a Mortgagee of the Property grants written consent to the Association. (b) Any right of first refusal or option to purchase a Lot that may be granted to the Association (or other parry) may not impair the rights of a first Mortgagee to do any of the following: (1) Foreclose or take title to a Lot, pursuant to the remedies provided in the Mortgage; (2) Accept a deed (or assignment) in lieu of foreclosure in the event of default under the Mortgage; or (3) Sell or lease a Lot acquired by the Mortgagee. 9.05 Restrictions on Certain Changes. Eligible First Mortgagees are holders of First Mortgages who have requested the Association to notify them of specified proposals and changes to the Governing Documents. At least sixty-seven (67%) percent of Owners and at least fifty-one percent (51%) of the votes of Eligible First Mortgagees must give written approval before the Association may, by act or omission, do any of the following: IX-2 (a) Abandon, partition, subdivide, encumber, sell or transfer any portion of a Common Area (other than granting easements as specified in this Declaration). (b) Alter the method of determining Assessments or other charges levied against an Owner. (c) Partition or subdivide any Lot. (d) Seek to abandon or terminate the Property, (except as provided by statute in case of substantial loss to the Lots or Common Areas). (e) Use hazard insurance proceeds for losses to the Property (Lot or Common Area) for other than repair, replacement or reconstruction of the relevant Property (except as provided by statute in case of substantial loss to the Lots or Common Areas). (f) Change, waive or abandon any regulations or enforcement pertaining to the architectural design, the exterior appearance or the maintenance of the Lots or the Common Area(s). (g) Fail to maintain Fire and Extended Coverage on insurable Common Area(s) as specified in this DeClar--:ion. (h) Amend the Governing Documents concerning any material provision (which includes, but is not limited to, the following): (1) Voting rights; (2) Rights to use the Common Area(s), and reallocation of interests in the Common Area (including Exclusive Use Common Areas); (3) Reserves and responsibility for maintenance, repair and replacement of the Common Property; (4) Lot boundaries; (5) Owners' interests in the Common Area; (6) Convertibility of Common Area into Lots or Lots into Common Area; (7) Lot leasing; (8) Establishment of self-management by the Association where professional management has been required by any beneficiary, insurer or guarantor of a first Mortgage; (9) Annexation or deannexation of real properry; LY-3 (10) Assessments, Assessment liens, or the subordination of such liens; (11) Casualty and liability insurance (or other insurance or fidelity bonds); (12) Imposition of a right of first refusal or similar restriction of an Owner's right to sell, transfer or otherwise convey the Lot; (13) Restoration or repair of the Property after hazard damage or partial condemnation; (14) Action to terminate the legal status of the Property after substantial destruction or condemnation; and (15) Any provisions that are for the express benefit of first Mortgagees, insurers or governmental guarantors of first Mortgages. (i) Change, waive or abandon the provisions of this Declaration (and their enforcement) pertaining to architectural design and control of the exterior appearance of structures, maintenance of the Common Area(s), walks, fences, driveways, lawns and plantings on the Property. (j) When Lot Owners are considering termination of the legal status of the Project for reasons other than substantial destruction or condemnation of the Property, written approval of sixty-seven percent (67%) of Eligible First Mortgagees must be given. (k) An Eligible First Mortgagee's approval will be considered granted if a negative response is not delivered to the Board within thirty (30) days after it receives notice of the proposed amendment, provided notice was delivered personally or by certified or registered mail, return receipt requested. 9.06 Inspection of Association Books and Records. Any first Mortgage holder has the right to examine the books and records of the Association. 9.07 Condemnation Awards and Insurance Proceeds. (a) First Mortgagees have priority over any other parry (including the Owner) pursuant to their Mortzaee in a case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Lots or Common Areas. Any provision to the contrary in this Declaration, the Bylaws, or other Governing Documents is to such extent void. IX-4 t� (b) All applicable fire, physical loss or extended coverage insurance policy must contain loss payable clauses acceptable to the affected first Mortgagee, naming them Mortgagees as their intereses may appear. 9.08 Mortoauee's Right to -attend Meetings. Any Mortgagee may appear at Association and Board meetings, but is not eligible to vote. 9.09 Pavments by Mortgagees. (a) First Mortgagees may pay the following jointly or severally: (1) Taxes or other charges in default which may be a charge against any part of the Common Area(s); and (2) Overdue premiums on hazard insurance policies, or to secure new hazard insurance coverage on the lapse of a policy for the Common Area(s). (b) Upon making such payments, the Association: (1) Owes immediate reimbursement to first Mortgagees making such payments; and (2) Must, upon Mortgagee's request, execute an agreement that reflects the first Mortgagees' entitlement to such reimbursement. 9.10 Loss Pavable Endorsement. All applicable fire, physical loss or extended coverage insurance policies must contain loss payable clauses naming the Mortgagees who encumber the Lots. 9.11 Notices to Mort2a2ees. (a) The holder, insurer or guarantor of the mortgage on any Lot is entitled to timely written notice of: (1) Any condemnation or casualty loss that affects a material portion of the Project or the Lot securing its mortgage; (2) Any sixty-day delinquency in the payment of Assessments or charges owed by the Owner of any Lot on which it holds the mortgage; LY-5 (3) A lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; and (4) Any proposed action that requires the consent of a specified percentage of Eligible First Mortgage Holders. (b) To obtain the information above, the mortgage holder, insurer or guarantor must send a written request to the Association, stating both its name and address and the unit number or address of the unit it has the mortgage on. 9.12 Governmental Financing Programs. (a) It is the intent of Declarant that the Governing Documents and the Project in general, shall now and in the future meet all requirements necessary to purchase, guarantee, insure, or subsidize any Mortgage of a Lot in the Project by the Federal Home Loan Mortgage Corporation, and Federal National Mortgage Association or FHA/VA (if the Declarant is submitting for approval of these agencies). The Association and each Owner shall promptly take any action and/or shall adopt any resolutions required by Declarant or any Mortgagee to conform this Declaration or the Project to the requirements of any of these entities or agencies. Each Owner of a Lot in the Project, by accepting a deed to a Lot, shall be deemed to have constituted and irrevocably appointed Declarant as his Attomey-in-Fact, for himself and each of his Mortgagees. heirs, legal representatives, successors and assignees, whether voluntary or involuntary, and thereby to have conveyed a Power of Attorney coupled with an interest to Declarant as his Attorney-in-Fact for the purpose of amending the Governing Documents to conform with any new requirements. This Power of Attorney shall expire two years after the recording of this Declaration. (b) These steps include the requirement that, when available, the Association must maintain certain types of insurance coverage issued by carriers who meet the requirements of the relevant governmental financing program. (c) Hazard insurance policies required by this Section must contain (or attach) the standard Mortgagee clause commonly accepted by private institutional Mortgage investors for similar properties in the locale (except when a separate policy coveting the Common Area(s) is maintained). (d) If there are any such loans, the Association will give written notice to FHLMC (or its designated representative) of the following: (1) Any loss to the Common Area in excess of Ten Thousand Dollars ($10,000.00); or (2) Damage to a Lot covered by a first Mortgage purchased (in whole or in part) by the FHLMC in excess of One Thousand Dollars ($1,000.00). IX-6 ARTICLE X DAMAGE AND DESTRUCTION TO IMPROVEMENTS 10.01 Alternatives in the Event of Damage and Destruction to Common Area Improvements. In case of casualty damage to Common Area improvements, the Association will repair and substantially restore the Common Area improvements to the same manner as existed before: (a) If insurance proceeds paid to the Association are sufficient; (b) If insurance proceeds cover at least eighty-five percent (85070) of repair costs, the Association will repair the damage and levy a reconstruction Assessment equally against the Owners to make up the balance of costs (according to the Article "Covenant for Assessments"). (c) If insurance proceeds cover less than eighty-five percent (85 0) of repair costs, the Association will repair the damage and leery a reconstruction Assessment equally against the Owners unless at least sixty-seven (67 o) percent of the Owners (other than Declarant) determine either: (1) To rebuild in a less expensive manner than substantial replacement, utilizing all available insurance proceeds. The Association will levy a reconstruction Assessment equally against the Owners to raise any rebuilding cost in excess of insurance proceeds; or (2) Not to rebuild. All net insurance proceeds for the damage (after expenses of clearing debris and making the damaged area aesthetically pleasing) are at the Association's discretion to perform its functions according to the Restrictions or to distribute equally to the Owners (subject to the rights of Mortgagees of record). 10.02 Method of Paving Reconstruction Assessments for Reconstruction of the Improvements. (a) Reconstruction Assessments will be due: (1) In a lump sum or in installments; and (2) On any date(s) the Association designates within twenty (20) years. X-1 (b) To cover the difference between the cost of restoring damaged improvements and the available insurance proceeds, the Association may borrow money secured by: (1) An assignment of its right to collect such Assessments; or (2) A pledge of its interest in any assets. 10.03 Damage to Dwellings. (a) If a Lot improvement (other than the Common Area) is damaged by fire or other casualty, the relevant Owner must proceed with due diligence to repair or reconstruct the improvement in accordance with the original as-built plans and specifications. modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstructions or as authorized by the Architectural Committee. (b) Repair or reconstruction must commence within ninety (90) days after damage or destruction, and must be completed within one hundred and eighty (180) days after such date, subject to delays that are beyond the Owner's control. (c) Notwithstanding the foregoing, the Owner must immediately take reasonable steps as required to secure any hazardous conditions resulting from the damage or destruction. 10.04 Arbitration. Any dispute between Owner(s) or the Association regarding the interpretation or application of this Article will be settled by arbitration, conducted as follows: (a) Upon request by any affected parry; (b) In the relevant County; (c) Before three (3) American Arbitration Association ("AAA") members (unless the parties agree to one (1) arbitrator) who act under the provisions of this Article and make their award in conformity with AAA rules. (d) Unless otherwise specified by the Arbitrators' final decision, arbitration fees will be paid equally by the parties. X-2 ARTICLE XI EMINENT DOMAIN - COMMON AREA 11.01 Condemnation. (a) If any portion of a Common Area is to be condemned or sold by eminent domain, the Board (or its de!e2ation) will: (1) Represent Association Members in the proceedings; (2) Immediately give notice of the condemnation threat to all Beneficiaries, insurers and guarantors of fast Mortgages who have filed written rea_uests for notices; (3) Have sole discretion regarding distribution of any related award (subject to the prior rights of Mortgagees under recorded deeds of trust); and (4) Be entitled to make a voluntary sale to the condemner in lieu of engaging in a condemnation action. (b) No Member may challenge the Board's good faith in fulfilling its duties under this Article. (c) Any award(s) received shall be paid to the Association. (d) If only part of a Common Area is affected, the rules regarding restoration and replacement of the Common Area and improvements apply as if in the case of destruction. (e) If any of the net condemnation award is not used to restore the remaining Common Area, the Association will handle the award in accordance with the Article entitled, "Damage and Destruction to Improvements Located Within the Property". XI-1 ARTICLE XII ANNEXATION 12.01 Annexation of Additional Property Additional Property may be annexed to the Original Property and become subject to this Declaration by any of the following methods: (a) Declarant may add any Additional Property without approval by the Association, Board, or Owners: (1) Within three (3) years after the original public report is issued for the immediately preceding phase; and (2) Provided the annexation substantially conforms with the detailed phased development plan submitted to the DRE Commissioner with the public report application for the Original Property. (b) By majority vote of sixty-seven percent (67 0) of the voting power of the Association Members (other than Declarant). (c) When an Annexation Document is recorded, Declaram's rights and duties in all aspects of this Declaration will apply equally to the added land. (d) The Original Property project and each subsequent project will be considered separate and distinct projects, unless specifically stated otherwise in this Declaration or in the Annexation document. 12.02 Contents of Annexation Document. The Annexation Document may not revoke or modify the provisions of this Declaration affecting the Original Property (except as provided for in this Declaration) and must contain all of the following: (a) Reference to this Declaration stating the recordation date and recording information contained in the Official Records of the relevant county; (b) A statement that this Declaration (or certain specified portions) apply to the annexed real property; (c) An exact description of the real property comprising the annexed real property; and XII-1 (d) Any modification of this Declaration Declarant deems necessary to reflect the development or different character of the added property (but consistent with the general plan and scheme of this Declaration). 12.03 Convevance of Common Area(s). Before any Lot in the annexed property is conveyed, title to the annexed Common Area(s) must be conveyed to the Association, free and clear of any and all encumbrances and liens (except current real property taxes and reservations, easements, covenants, conditions and restrictions of record). 12.04 Declarant Under No Obligation to Continue Development; Effect of Annexation. (a) Declarant is not obligated to develop or annex additional real property. (b) The Annexation Document must provide that Lot Owners in the annexed property will become Association Members, and the Association will manage, administer and maintain the annexed Common Area(s) as provided for in this Declaration. (c) On becoming an Association Member, each annexed Lot Owner will be assessed a pro rata share of the Association's aggregate Common Expenses for all subsequent Association projects. 12.05 Deannexation. Declarant may deat_-iex any portion of the annexed property from coverage of this Declaration and the jurisdiction of the Association, provided that: (a) Declarant owns the annexed property; (b) A Document of Deannexation of Territory is recorded in the same in as the Annexation Document; (c) Declarant has not exercised anv Association vote regarding any portion of the annexed property; (d) Assessments have not commenced for any portion of the annexed property; (e) Close of Escrow has not occurred for any Lot in the annexed property; and XH-2 (f) The Association has not made expenditures or incurred obligations regarding any portion of the annexed property. 12.06 Association's Merger or Consolidation. (a) The Association may merge or consolidate with another homeowners' association (as permitted by law) upon approval by sixty-seven percent (67%) of the voting power of. the Association Membership (other than Declarant). (b) Association properties, rights and obligations may be: (1) Transferred to another homeowner's association; or (2) Added to a surviving corporation through a merger. (c) To the extent reasonably possible, the resultant association will administer the provisions of this Declaration and the restrictions of any other property as a uniform plan. XII-3 ------------------ ARTICLE XIII GENERAL PROVISIONS 13.01 Duration. (a) This Declaration is binding upon all parties for sixty (60) years after the recording date. (b) After sixty (60) years, the Declaration will automatically be extended for successive ten (10) year periods, unless the Owners (heirs, successors, representatives) of a majority of subject Lots record a signed, written instrument: (1) At least one (1) year before the beginning of any ten (10) year period; and (2) Agreeing to change or terminate this Declaration. 13.02 Amendment. (a) Before the first Lot is sold, Declarant may unilaterally amend this Declaration by recording an instrument of amendment in the relevant County Recorder's Office. (b) After the first Lot is sold, this Declaration may only be amended in the following ways (and subject to the Article entitled "Mortgagee Protection"): (1) A signed, written instrument from sixty-seven percent (67%) of Association Members (other than Declarant); (2) If Class B Membershin exists, a signed, written instrument from sixty-seven percent (67%) of the voting power of each class of membership; (3) A signed, written instrument by two Association officers certifying that the relevant amendment has been approved by at least sixty-seven percent (670%) of Association Members (other than Declarant); or (4) If Class B Membership exists, a signed, written instrument by two Association officers certifying that the amendment has been approved by at least sixty- seven percent (67%) of each class of membership. (c) Any amendment must be properly recorded in the relevant County Recorder's Office. (d) The percentage of Association Members needed to amend this Declaration may not be less than the percentage of affirmative votes prescribed for action to be taken underthe relevant provision. YIII-1 (e) An Owner or the Association may petition the Superior Court for an order reducing the percentage of affirmative votes needed to amend this Declaration (pursuant to Civil Code Section 1356, or any successor statutes). (f) While the Declarant holds or directly controls at least twenty-five percent (25 a) of the votes, any proposed amendment to any Governing Documents must comply with Business and Professions Code Section 11018.7. 13.03 Enforcement- Resolution of Disputes. (a) An Owner or the Association may enforce by legal action any restrictions, conditions, covenants, reservations, liens, Assessments, fees and penalties imposed by this Declaration or other Governing Documents for violations committed by any offending parry, or with respect to any dispute related to any portion of any property covered by the Declaration. (b) Failure to take action does not constitute a waiver of the right to take action. (c) Reference is hereby made to California Civil Code Section 1354 (current Section set forth in Exhibit "D"), which sets forth pre-filing requirements, or arbitration proceedings and other procedures for certain types of enforcement actions. (d) It is recommended, although not required, that the Board consider'diversion of the prosecution or defense of any civil action to Alternative Dispute Resolution proceedings, including, but not limited to Mediation, Non-binding Arbitration, or Binding Arbitration. (e) If the Board diverts any civil action to an Alternative Dispute Resolution proceeding, the Board shall agree to: (1) Participate fully, and in good faith, in the resolution of any such action diverted to an Alternative Dispute Resolution proceeding; and (2) Pay the costs reasonably incurred by the Association on account of those Alternative Dispute Resolution proceedings. (f) The Board shall, in good faith, attempt to provide one hundred twenty (120) days advance notice of the Board's intent to initiate the prosecution of any civil action, along with the nature and basis of the claim, to every member of the Association and every entity or person who is a prospective parry to the civil action, provided that notice can be given: (1) More than one hundred twenty (120) days prior to the expiration of any pertinent statute of limitations, and XIII-2 (2) Without prejudice to the Association's right to enforce the Governing Documents. (g) No such notice need be given prior to the filing of an action in small claims court or an action solely to enforce assessment obligations. (h) Prior to initiating any civil action, the Board is not required to: (1) Conduct inspections; (2) Maintain inspection records; (3) Exhaust applicable casualty insurance coverage maintained by the Association; (4) Provide an opportuttity to cure; (5) Meet with Members, or obtain the consent of the Members. (6) Submit any civil claims to Binding or Non-binding Alternative Dispute Resolution proceedings (except in compliance with the provisions of Civil Code Section 1354(b)). (i) Immediately after initiating the prosecution or defense of any civil action, the Board shall make a reasonable effort, in good faith, to: (1) Meet and confer with every person who is a parry to the appropriate processes for resolving the civil action, including available. Alternative Dispute Resolution proceedings; (2) Provide an opportunity to correct any alleged defect in the Common Area(s), if this is the cause for the action, in order to avoid or reduce any costs or losses which may be incurred by the parties involved in the action; (3) Provide for the scope of discovery, if any is required for the action, to be conducted prior to the inception of any Alternative Dispute Resolution procedure. 13.04 Enforcement: Binding and Non-Binding Arbitration. (a) Any claim or dispute referred to Binding or Non-binding Arbitration, shall be settled and determined in accordance with the rules of either the American Arbitration Association ("AAA"), or its successor, or the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), or its successor, and the provisions of the California Code of Civil Procedure, Section 1283.05 (or any successor amended statute or law containing similar provisions, shall be applicable in any such arbitration). XIII-3 (b) In any case where either the American Arbitration Association or JAMS (or the successor of either) is not in existence or fails or refuses to act within a reasonably prompt period of time (but in no event exceeding 90 days from the date a request for arbitration is filed), the arbitration shall proceed in accordance with the laws relating to arbitration then in effect in the State of California (including but not limited to Section 1280 through 1294.2 of the California Code of Civil Procedure, as the same may be amended or superseded from time to time). (c) Any such arbitration shall be conducted by one (1) arbitrator. If the parties cannot agree on one (1) arbitrator, there shall be three, as follows: (1) Each parry shall choose an arbitrator and the two arbitrators shall choose the third. (2) The parties shall name their respective choices within five days after demand for arbitration is made. (3) If either parry neglects or refuses to participate in the appointment of the arbitrator(s), or to furnish the arbitrator(s) with any papers or information demanded, the arbitrator(s) may proceed ex parse. (4) If Binding Arbitration is chosen, the judgment upon the award rendered in any such arbitration shall be final and binding upon the parties and may be entered in any court having jurisdiction thereof. 13.05 Notification of Declarant by Association of Defects and Resolution of Disputes with Declarant. (a) In the event of any alleged defect in any Common Areas for which the Association believes the Declarant may be responsible, the Board shall provide the Declarant with written notice of such defect and will grant the Declarant a reasonable opportunity to repair, replace, or otherwise cure any defect in workmanship and/or material. (b) If a dispute regarding any right or action to which Section 1298.7 of the California Code of Civil Procedure (collectively referred to as "Defect Disputes") shall arise between the Association and Declarant (or any of its contractors and/or subcontractors, consultants and/or subconsultants, and their employees and/or agents), at least one hundred twenty (120) days prior to commencing any mediation, arbitration or judicial proceedings, the Board, in good faith, shall attempt to provide written notice to the Members for the purpose of disclosing such proposed proceedings to the Members. Such notice shall inform the Members of all relevant information pertaining to such proposed proceedings, including, but not limited to the following: XIII4 (1) The specific areas and/or components of the Project which it believes to be defective and the basis for such belief; (2) The estimated cost to repair such defects; (3) How the necessary repairs will be funded; (4) The Declarant's position, if any, regarding repairing the alleged defects; (5) The name of the attomey whom the Association is contemplating retaining and an estimate of the attorney's fees, consultant's fees and any other costs to be incurred to prosecute such proceedings; (6) How such fees and costs will be funded; (7 Each Member's duty to disclose to prospective purchasers the alleged defects; and (8) The potential impact the proceedings may have on the marketability and availability of financing for Condominiums in the Project. (c) The above notice requirement may be shortened by the Board as necessary to avert the barring of any claim due to the expiration.of any applicable statute of limitations. (d) Any such Alternative Dispute Resolution proceeding, or civil action, associated with a Defects Dispute between the Association and the Declarant shall be conducted in accordance with the procedures set forth in Section 13.01 of this Declaration. (e) This section, 13.03, in its entirety, may not be amended at any time without the express written consent of the Declarant, or its successors-in-interest and/or assigns. 13.06 Notices. Any required notice must be given by: (a) Personal delivery to the location of the address of the recipient of the Notice; or (b) Mailing by first-class, registered or certified pre-paid U.S. mail (deemed given five (5) days after deposit in the mail); (c) Delivery by a reputable overnight courier service such as Federal Express, United Parcel Service, etc. (deemed given upon delivery to the location of the address of the recipient of the Notice); or XIII-5 (d) Facsimile transmission (deemed given upon date of transmission upon confirmation of receipt). 13.07 Partial Invaliditv. If any of this Declaration is declared invalid or in conflict with any relevant law, the validitv of the remainder of this Declaration will remain in full force and effect. 13.08 Number. As required by the context of this Declaration, a singular grammatical reference includes the plural application. 13.09 Attornevs' Fees. In any legal action by an Owner(s) or the Association to enforce any provision of the Governing Documents, the prevailing party shall be awarded reasonable costs (including attorney's fees). 13.10 Coachella Valley Water District Well Site. (a) Coachella Valley Water District ("District") shall not be liable for the replacement of decorative concrete and other surface improvements which District may be required to remove in the future to gain access to the domestic water and/or sanitary sewer pipelines and appurtenances. District shall not be responsible for seal coating, overlaying or otherwise resurfacing street improvements outside the immediate area of construction. (b) The Declarant has dedicated the fee title of Lot 63 of Tract No. 27882-1 (hereinafter the "Well Site") to the District for well site purposes. (c) District shall not be liable for the maintenance, including but not limited to, malicious damage and graffiti of the exterior walls and landscaping around the Well Site. Declarant and its successors shall be responsible for the maintenance of said exterior walls and surrounding landscaping, except that upon annexation of the exterior walls and landscaping around the Well Site into the Common Areas, the Association shall assume such responsibility and Declarant and its successors shall be relieved from any further liability in such regard. (d) District use of the Well Site shall not be subject to the approval of Declarant or the Association, its Members, its Architectural Committee, or subject to anv other restrictions or conditions contained in this Declaration. XI11-6 (e) By accepting a Deed to a Lot, each Owner, for himself/herself and invitees, personal representatives, assigns and heirs (collectively, the "Owner's Related Parties") hereby: (1) Acknowledge that Declarant has dedicated the fee title of the Well Site to the District for well site purposes; (2) Acknowledge that the District may at any time in the future construct and operate water wells at said site, and such construction and operation may involve heavy equipment operation, including drilling and maintenance derricks which may create noise and vibration ("Well Site Impacts"); (3) Acknowledge that Owner has been notified by Declarant of the matters referenced in paragraphs (1) and (2) above; (4) Assume the risk of any property damage, personal injury and/or creation or maintenance of a trespass or nuisance created by or arising in connection with the Well Site Impacts during the normal course of construction and operation of the Well Site (collectively, the "Assumed Well Site Risks"); and (5) Release, waive, discharge, covenant not to sue, indemnify and agree to hold harmless Declarant, the Association, the Board, the other Members, and each of their respective officers, directors, shareholders, affiliates, successors and assigns (collectively, the "Released Parties") for any losses, costs (including, without limitation, attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Well Site Risks, whether caused by the negligence of the Released Party or otherwise. 13.11 Adiacent Commercial Development Site. (a) Declarant owns a parcel of land of approximately 8.6 acres located at the northeast corner of Country Club Drive and Monterey Avenue which is not a part of the Property or Additional Property (hereinafter the "Shopping Center Site"). Declarant intends to develop the Shopping Center Site at some time in the future as a commercial shopping center. (b) By accepting a Deed to a Lot, each Owner, for himself/herself and invitees, personal representatives, assigns and heirs (collectively, the "Owner's Related Parties") hereby: (1) Acknowledge that Declarant intends to develop the Shopping Center Site at some time in the future as a commercial shopping center; XIII-7 (2) Acknowledge that the construction of a commercial shopping center on the Shopping Center Site may involve heavy equipment operation and large scale construction activities which will likely create additional vehicular traffic, noise, dust and vibration during the course of such construction ("Shopping Center Impacts"); (3). Acknowledge that the operation of a commercial shopping center on the Shopping Center Site will likely create additional vehicular traffic, noise and night lighting impacts on a permanent basis ("Shopping Center Impacts"); (4) Acknowledge that Owner has been notified by Declarant of the matters referenced in paragraphs (1), (2), and (3) above; (5) Assume the risk of any property damage, personal injury and/or creation or maintenance of a trespass or nuisance created by or arising in connection with the Shopping Center Impacts during the normal course of construction and _ operation of a commercial shopping center on the Shopping Center Site (collectively, the "Assumed Shopping Center Risks"); and (6) Release, waive, discharge, covenant not to sue, indemnify and agree to hold harmless Declarant, the Association, the Board, the other Members, and each of their respective officers, directors, shareholders, affiliates, successors and assigns (collectively, the "Released Parties"), for any losses, costs (including, without limitation, attorney's fees), claims, demands, suits, judgments or other obligations arising out of or connected with any of the Assumed Shopping Center Risks, whether caused by the negligence of the Released Parry or otherwise. XIII 8 IN WITNESS WFIEREOF, the undersigned, being the Declarant, has executed this Declaration for Tract No. 27882-1 on the day and year fast written above. DECLARANT: AVONDALE CORPORATION, a California corporation By: ROBERT L. MASER its: President STATE OF CALIFORNIA ) COUNTY OFoQj::4n&E__ ) ss. On _ 4,� E C-rf` 19 9Z , before me, —Dt130aA H S. Ploasc n a Notary Public in and for said State, personally appeared, aJ Personally known to me - OR - [ ] Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowiedzed to me that he!she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sienature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) "12 r OE60RdN 23M a Notary Public CL Cafm.i 9927A9 5 3 NOtun». a �.C=rf x �,., Fly Cann E.mrz Aa.�:997y t� SUBORDINATION BY LIENHOLDER BANK OF WESTMINSTER, as Beneficiary under the following Deed(s) of Trust which cover(s) the real property described in the Declaration of Covenants, Conditions, Restrictions and Easements for Tract No. 27882-1 to which this instrument is attached, hereby approves and consents to the recording of this Declaration of Covenants, Conditions, Restrictions and Easements, and agrees that the lien(s) of said Deed(s) of Tnist shall be subordinated to and subject to each and every provision of the Declaration and any future amendments not affecting the beneficial interest. The signing of this Subordination by Lienholder by any Mortgagee shall not constitute said Lienholder's subordination to any future Assessment liens. Deed of Trust recorded on April 19, 1995 as Instrument No. 121685 of the Official Records of the Riverside County Recorder. BANK OF WE 1 STER /A By: R. E PORANNESSON By: ROBERT W- BROWNE its: SR. VI E PRESIDENT its:VICE PRESIDENT STATE OF CALIFORNIA ) COUNTY OF QRi9Y1�£, ) ss. On 7"., , 19�, before me, a Notary Public in and for said State, personally appeared R. c)LQ �To�gr,nPSSg 4 -� -�K06 ea i-- 1 . --E-?n( r')n rc_. , [ ] Personally known to me - OR - [c] Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Q (SEAL) DG X1 Notary Public DEBOAH S.PLDESI}I 3 _ NOTMrOUBUC Comm.1 492?A9 .C.LLffCR7'U 9 a Oanti�Cowry Ay Carron Fsov�s Au.ZZ 1997� , EXHIBIT 'A" PROPERTY Lots 13 through 38, inc'.usive, of Tract No. 27882-1, in the City of Palm Desert, as per Map filed in Book 253, Pages 8 through 12, inclusive, of Maps, in the Office of the County Recorder of Riverside County. EXHIBIT -B- ADDITIONAL PROPERTY Lots 1 through 12, inclusive, 39 through 62, inclusive and Lots C, 1, J, K, L, and 64 of Tract No. 27882-1 as per Map filed Jn Book 253, Pages 8 through 12, inclusive, of Maps; and Lots 1 through 64, inclusive, and Lots A, B, C, D, and E of Tract No. 27882-2 in the City of Palm Desert, as per Map filed in Book 253, Pages 13 through 17, inclusive, of Maps, in the Office of the County Recorder of Riverside County. EXHIBIT "C" COMMON AREA LOT(S) Lots D, E, F, G, and H of Tract No. 27832-1, in the City of Palm Desert, as per Map filed in Book 253, Pages 8 through 12, inclusive, of Maps, in'the Office of the County Recorder of Riverside County. EXIMIT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/O1195 [ Page 1 of 11 J § 1354. Covenants and restrictions in declaration as equitable servitudes; enforcement (a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both. (b) Unless the applicable time limitation for commencing the action would run within 120 days, prior to the filing of a civil action by either an association. or an owner or a member of a common interest development solely for declaratory relief or injunctive relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, other than association assessments, not in excess of five thousand dollars (S 5,000), related to the enforcement of the governing documents, the parties shall endeavor, as provided in this subdivision, to submit their dispute to a form of alternative dispute resolution such as mediation or arbitration. The form of alternative dispute resolution chosen may be binding or nonbinding at the option of the parties. Any party to such a dispute may initiate this process by serving on another party to the dispute a request for resolution. The request for resolution shall include: (1) A brief description of the dispute between the parties, (2) A request for alternative dispute resolution, and (3) A notice that the party receiving the request for resolution is required to respond thereto within 30 days of receipt or it will be deemed rejected. Service of the request for resolution shall be in the same manner as prescribed for service in a small claims action as provided in section 116.340 Of the code of civil procedure. Parties receiving a request for resolution shall have 30 days following service of the request for resolution to accept or reject alternative dispute resolution and, if not accepted within the 30-day period by a party, shall be deemed rejected by that party. If alternative dispute resolution is accepted by the party upon whom the request for resolution is served, the alternative dispute resolution shall be completed within 90 days of receipt of the acceptance by the party initiating the request for resolution, unless extended by written stipulation signed by both parties. The costs of the alternative dispute resolution shall be borne by the parties. EMMTT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 2 of 11 ] (c) At the time of filing a civil action by either an association or an owner or a member of a common interest development solely for declaratory relief or injunctive relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary damages, other than association assessments, not in excess of five thousand dollars (S 5,000), related to the enforcement of the governing documents, the parry filing the action shall file with the complaint a certificate stating that alternative dispute resolution has been completed in compliance with subdivision (b). The failure to file a certificate as required by subdivision (b) shall be grounds for a demurrer pursuant to section 430.10 Of the code of civil procedure or a motion to strike pursuant to section 435 of the code of civil procedure unless the filing party certifies in writing that one of the other parties to the dispute refused alternative dispute resolution prior to the filing of the complaint, that preliminary or temporary injunctive relief is necessary, or that alternative dispute resolution is not required by subdivision (b), because the limitation period for bringing the action would have run within the 120-day period next following the filing of the action, or the court finds that dismissal of the action for failure to comply with subdivision (b) would result in substantial prejudice to one of the parties. (d) Once a civil action specified in subdivision (a) to enforce the governing documents has been filed by either an association or an owner or member of a common interest development, upon written stipulation of the parties the matter may be referred to alternative dispute resolution and stayed. The costs of the alternative dispute resolution shall be borne by the parties. During this referral, the action shall not be subject to the rules implementing subdivision (c) of section 68603 of the government code. (e) The requirements of subdivisions (b) and (c) shall not apply to the filing of a cross-complaint. (f) In any action specified in subdivision (a) to enforce the governing documents, the prevailing party shall be awarded reasonable attomev's fees and costs. Upon motion by any party for attorney's fees and costs to be awarded to the prevailing party in these actions, the court, in determining the amount of the award, may consider a parry's refusal to participate in alternative dispute resolution prior to the filing of the action. (g) Unless consented to by both parties to alternative dispute resolution that is initiated by a request for resolution under subdivision (b), evidence of anything said or of admissions made in the course of the alternative dispute resolution process shall not be admissible in evidence, and testimony or disclosure of such a statement or admission may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. E)C=r.r "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 3 of 11 (h) Unless consented to by both parties to alternative dispute resolution that is initiated by a request for resolution under subdivision (b), documents prepared for the purpose or in the course of, or pursuant to, the alternative dispute resolution shall not be admissible in evidence, and disclosure of these documents may not be compelled, in any civil action in which, pursuant to law, testimony can be compelled to be given. (i) Members of the association shall annually be provided a summary of the provisions of this section, which specifically references this section. The summary shall include the following language: _ "Failure by any member of the association to comply with the prefiling requirements of section 1354 of the civil code may result in the loss of your rights to sue the association or another member of the association regarding enforcement of the governing documents." The summary shall be provided either at the time the pro forma budget required by section 1365 is distributed or in the manner specified in section 5016 of the corporations code. 6) Any request for resolution sent to the owner of a separate interest pursuant to subdivision (b) shall include a copy of this section. § 1365. Documents prepared and distributed by associations Unless the declaration imposes more stringent standards, the association shall prepare and distribute to all its members the following documents: (a) A pro forma operating budget, which shall include all of the following: (1) The estimated revenue and expenses on an accrual basis. (2) A summary of the association's reserves based upon the most recent review or study conducted pursuant to Section 1165.5, which shall be printed in bold type and include all of the following: (A) The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component. EXHIBIT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of O1101/95 [ Page 10 of 11 ] (b) Notwithstanding more restrictive limitations placed on the board by the governing documents, the board of directors may not impose a regular assessment that is more than 20 percent greater than the regular assessment for the association's preceding fiscal year or impose special assessments which in the aggregate exceed 5 percent of the budgeted gross expenses of the association for that fiscal year without the approval of owners, constituting a quorum, casting a majority of the votes at a meeting or election of the association conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title I of the Corporations Code and Section 7613 of the Corporations Code. For the purposes of this section, quorum means more than 50 percent of the owners of an association. This section does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following: (1) An extraordinary expense required by an order of a court- (2) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to Personal safety on the property is discovered. (3) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the pro forma operating budget under Section 1365. However, prior to the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment. (4) An extraordinary expense in,making the first payment of the earthquake insurance surcharge pursuant to Section 5003 of the Insurance Code. (c) The association shall provide notice by first-class mail to the owners of the separate interests of any increase in the regular or special assessments of the association, not less than 30 nor more than 60 days prior to the increased assessment becoming due. (d) Regular and special assessments levied pursuant to the governing documents are delinquent 15 days after they become due. If an assessment is delinquent the association may recover all of the following: EXH1131T "D" CALIFORNIA CIVM CODE SECTIONS 1354, 1365, 1365.5, 1365.7,and 1366 Current as of O1/01/95 ( Page 11 of 11 ] (1) Reasonable costs incurred in collecting the delinquent assessment, including reasonable attorney's fees. (2) A late charge not exceeding 10 percent of the delinquent assessment or ten dollars (S10), whichever is greater, unless the declaration specifies a late charge in a smaller amount, in which case any late charge imposed shall not exceed the amount specified in the declaration_ (3) Interest on all sums imposed in accordance with this section, including the delinquent assessment, reasonable costs of collection, and late charges, at an annual percentage rate not to exceed 12 percent interest, commencing 30 days after the assessment becomes due. (e) Associations are hereby exempted from interest-rate limitations imposed by Article XV of the California Constitution, subject to the limitations of this section. E:OMIT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 4 of I ] (B) As of the end of the fiscal year for which the study is prepared: (i) The current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain the major components. (ii) The current amount of accumulated cash reserves actually set aside to repair, replace, restore, or maintain major components. (C) The percentage that the amount determined for purposes of clause (ii) of subparagraph (B) is of the amount determined for purposes of clause (i) of subparagraph (B). (3) A statement as to whether the board of directors of the association has determined or anticipates that the levy of one or more special assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. (4) A general statement addressing the procedures used for the calculation and establishment of those reserves to defray the future repair, replacement, or additions to those major components that the association is obligated to maintain. The summary of the association's reserves disclosed pursuant to paragraph (2) shall not be admissible in evidence to show improper financial management of an association, provided that other relevant and competent evidence of the financial condition of the association is not made inadmissible by this provision. A copy of the operating budget shall be annually distributed not less than 45 days nor more than 60 days prior to the beginning of the association's fiscal year. (b) A review of the financial statement of the association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the association exceeds seventy-five thousand dollars (575,000). A copy of the review of the financial statement shall be distributed within 120 days after the close of each fiscal year. El'HIBIT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 5 of 11 ) (c) In lieu of the distribution of the pro forma operating budget required by subdivision (a), the board of directors may elect to distribute a summary of the pro forma operating budget to all its members with a written notice that the pro forma operating budget is available at the business office of the association or at another suitable location within the boundaries of the development and that copies will be provided upon request and at the expense of the association. If any member requests that a copy of the pro forma operating budget required by subdivision (a) be mailed to the member, the association shall provide the copy to the member by first-class United States mail at the expense of the association and delivered within five days. .The written notice that is distributed to each of the association members shall be in at least 10- point bold type on the front page of the summary of the budget (d) A statement describing the association's policies and practices in enforcing lien rights or other legal remedies for default in payment of its assessments against its members shall be annually delivered to the members during the 60-day period immediately preceding the beginning of the association's fiscal year. § 1365.5. Board of directors; duties (a) Unless the governing documents impose more stringent standards, the board of. directors of the association shall do all of the following: (1) Review a current reconciliation of the association's operating accounts on at least a quarterly basis. (2) Review a current reconciliation of the association's reserve accounts on at least a quarterly basis. (3) Review, on at least a quarterly basis, the current year's actual reserve revenues and expenses compared to the current year's budget. (4) Review the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts. (5) Review an income and expense statement for the association's operating and reserve accounts on at least a quarterly basis. EN=TT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 7 of 11 j (e) At least once every three years the board of directors shall cause a study of the reserve account requirements of the common interest development to be conducted if the current replacement value of the major components which the association is obligated to repair, replace, restore, or maintain is equal to or greater than one-half of the gross budget of the association for any fiscal year. The board shall review this study annually and shall consider and implement necessary adjustments to the board's analysis of the reserve account requirements as a result of that review. The study required by this subdivision shall at a minimum include: (1) Identification of the major components which the association is obligated to repair, replace, restore, or maintain which, as of the date of the study, have a remaining useful life of less than 30 years. (2) Identification of the probable remaining useful life of the components identified in paragraph (1) as of the date of the study. (3) An estimate of the cost of repair, replacement, restoration, or maintenance of the components identified in paragraph (1) during and at the end of their useful life. (4) An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain the components identified in paragraph (1) during and at the end of their useful life, after subtracting total reserve funds as of the date of the studv. (f) As used in this section, "reserve accounts" means moneys that the association's board of directors has identified for use to defray the future repair or replacement of, or additions to, those major components which the association is obligated to maintain. (g) As used in this section, "reserve account requirements" means the estimated funds which the association's board of directors has determined are required to be available at a specified point in time to repair, replace, or restore those major components which the association is obligated to maintain. (h) This section does not apply to an association that does not have a "common area as defined in Section 1351. EXIT "D" CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of.01101/95 [ Page 6 of 11 ] (b) The signatures of at least two persons, who shall be members of the association's board of directors, or one officer who is not a member of the board of directors and a member of the board of directors, shall be required for the withdrawal of moneys from the association's reserve accounts. (c)(1) The board of directors shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the association is obligated to repair, restore, replace, or maintain and for which the reserve fund was established. (c)(2) However, the board may authorize the temporary transfer of money from a reserve fund to the association's general operating fund to meet short-term cash-flow requirements or other expenses, provided the board has made a written finding, recorded in the board's minutes, explaining the reasons that the transfer is needed and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the common interest development, temporarily delay the restoration. The board shall exercise prudent fiscal management in delaying restoration of these funds and in restoring the expended funds to the reserve account, and shall, if necessary, levy a special assessment to recover the full amount of the expended funds within the time limits required by this section. This special assessment is subject to the limitation imposed by Section 1366, unless the special assessment is to pay for legal costs associated with litigation involving the repair, restoration, replacement, or maintenance of, major components which the association is obligated to repair, restore, replace, or maintain. The board may, at its discretion, extend the date the payment on the special assessment is due. Any extension shall not prevent the board from pursuing any legal remedy to enforce the collection of an unpaid special assessment. (d) When the decision is made to use reserve funds or to temporarily transfer money from the reserve fund to pay for litigation, the association shall notify the members of the association of that decision in the next available mailing to all members pursuant to Section 5016 of the Corporations Code, and of the availability of an accounting of those expenses. Unless the governing documents impose more stringent standards, the association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The accounting shall be made available for inspection by members of the association at the association's office. EDIT "D" CALIFO -RNIA CIVII. CODE SECTIONS 1354, 136�-, 1365.E 1365. 7 and 1366 Current as of 01/01/95 [ Page 8 of I § 1365.7. Tortious act or omission of volunteer officer or director of association managing residential development; liability; criteria; limitations (a) A volunteer officer or volunteer director of an association , as defined in subdivision (a) of Section 1351, which manages a common interest development that is exclusively residential, shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury, including, but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of the tortious act or omission of the volunteer officer or volunteer director if all of the following criteria are met: (1) The act or omission was performed within the scope of the officer's or director's association duties. (2) The act or omission was performed in good faith. (3) The act or omission was not willful, wanton, or grossly negligent. (4) The association maintained and had in effect at the time the act or omission occurred and at the time a claim is made one or more policies of insurance which shall include coverage for (A) general liability of the association and (B) individual liability of officers and directors of the association for negligent acts or omissions in that capacity; provided, that both types of coverage are in the following minimum amount: (A) At least five hundred thousand dollars (5500,000) if the common interest development consists of 100 or fewer separate interests. (B) At least one million dollars ($1,000,000) if the common interest development consists of more than 100 separate interests. (b) The payment of actual expenses incurred by a director or officer in the execution of the duties of that position does not affect the dir ector's rector s or officer's status as a volunteer within the meaning of this section. EXHIBIT "D" C.ALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, 1365.7 and 1366 Current as of 01/01/95 [ Page 9 of 11 ] (c) An officer or director who at the time of the act or omission was a declarant, as defined in subdivision (g) of Section 1351, or who received either direct or indirect compensation as an employee from the declarant, or from a financial institution that purchased a separate interest, as defined in subdivision (1) of Section 1351, at a judicial or nonjudicial foreclosure of a mortgage or deed of trust on real property, is not a volunteer for the purposes of this section. (d) Nothing in this section shall be construed to limit the liability of the association for its negligent act or omission or for any negligent act or omission of an officer or director of the association. (e) This section shall only apply to a volunteer officer or director who is a tenant of a separate interest in the common interest development or is an owner of no more than two separate interests in the common interest development. § 1366. Levy of assessments; limitation on increases; delinquent assessments; interest (a) Except as provided in this section, the association shall levy regular and special assessments sufficient to perform its obligations under the governing documents and this title. However, annual increases in regular assessments for any fiscal year, as authorized by subdivision (b), shall not be imposed unless the board has complied with subdivision (a) of Section 1365 with respect to that fiscal year, or has obtained the approval of owners, constituting a quorum, casting a majority of the votes at a meeting or election of the association conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3 of Division 2 of Title 1 of the Corporations Code and Section 7613 of the Corporations Code. For the purposes of this section, "quorum" means more than 50 percent of the owners of an association. ff&VENGINEERS, INC. CIVIL ENGINEERS,PLANNERS AND CONSTRUCTION CONSULTANTS TRANSMITTAL TO: Citv of Palm Desert J.N. 93 . 426 .4 . 02 73 - 510 Fred Waring Drive DATE: 09/26/94 Palm Desert, CA 92260 ATTN: Steve Smith RE: Tract No . 27882 _ FOR YOUR FILES PER YOUR REQUEST FOR REVIEW AND COMMENT _ FOR YOUR INFO FOR APPROVAL FOR YOUR USE ITEMS SENT: 10 Copies - Tract 27882 - Tentative Tract Map 1 Copv - 81/2" x 11" Acetate REMARKS: RESPECTFULLY SUBMITTED, �% � 0�-.A .KWC ENGINEERS, INC. Edward G. Sloman Vice President EGS:kec 1269 W. POMONA ROAD, SUITE 104• CORONA, CALIFORNIA 91720 • (909) 734-2130• FAX(909) 272-3308 tfrtt THE AVONDALE CORPORATION RECEIVED August 6, 1998 AUG 1 01998 COMMUNITY DEVELOPMENT DEPARTMENT - CRY OF PALM DESERT Mr. Stephen R. Smith Planning Manager City of Palm Desert 73-510 Fred Waring Drive . Palm Desert, California 92260-2578 RE: TT27882 Dear Mr. Smith: We received your letter dated, July 13, 1998, as to the homes sold by The Avondale Corporation at the Merano subdivision, regarding Disclosures on Condition No. 13 of Resolution No. 1665. Enclosed is one complete Homebuyer Awareness and Information Statement and a copy of each signature page with a note as to the address and lot number. Should you need further information, please do not hesitate to contact me directly (949) 759-8091 extension 234. Thank you. cerelE"OrVice 1 Rayer, SPresident / RLM/js �. Enclosures 660 Newport Center Drive, Suite 1050,Newport Beach, CA 92660 (714) 759-8091 Telephone * (7i4) 720-1017 Facsimile t*t THE AVONDALE CORPORATION RECEIVED August 6, 1998 AUG 1 01998 COMMUNITY DEVELOPMENT DEPARTMENT - CRY OF PALM DESERT Mr. Stephen R. Smith Planning Manager City of Palm Desert 73-5 10 Fred Waring Drive Palm Desert, California 92260-2578 RE: TT27882 Dear Mr. Smith: We received your letter dated, July 13, 1998, as to the homes sold by The Avondale Corporation at the Merano subdivision, regarding Disclosures on Condition No. 13 of Resolution No. 1665. Enclosed is one complete Homebuyer Awareness and Information Statement and a copy of each signature page with a note as to the address and lot number. Should you need further information, please do not hesitate to contact me directly (949) 759-8091 extension 234. Thank you. Siijcerely,` 1^' Robe L. Mayer;-� Senior Vice President RLM/j s Enclosures r 660.Newport Center Drive, Suite 1050, Newport Beach, CA 92660 (714) 759-8091 Telephone * (714) 720-1017 Facsimile E y I M. ERANO HOMEBUYER AWARENESS AND INFORMATION STATEMENT Homebuyer Awareness and Information Statement Please carefully review the following statement of information relating to your home. You should take into account all of the information contained herein when considering the purchase of a home at Marano. As used herein, all reference to "you"and"your"are to the Buyer(s) and all references to "The Avondale Corporation", "we" and "our" shall include The Avondale Corporation and all of its authorized agents, employees, representatives, consultants, successors and assigns. USE OF ADJACENT PROPERTIES Please be advised of the following information regarding the uses of properties adjacent to the project: Golf Course The project adjoins a golf course not owned by The Avondale Corporation and in particular Lots 21 through 40 of Tract 27882-2 are contiguous to the golf course. Buyer hereby acknowledges that their lot is susceptible to impact from stray golf balls during the normal course of play and other events inherent to the activities of the adjacent golf course;and further,that the golf course may be irrigated with reclaimed water and the lots, landscaping, fencing, yard or other improvements or personal property may be affected by the overspray of the golf course irrigation systems. Pursuant to the recorded Declaration of Covenants, Conditions, Restrictions and Easements ("CC&R's") affecting each lot of the project, by accepting a deed to a lot you will assume the risks associated with such conditions and release The Avondale Corporation from any liability arising therefrom. You are advised to read Section 8.14 of the CC&R's for more information in this regard. Coachella Valley Water District Well Site The Avondale Corporation has deeded the fee title of Lot 63 of Tract 27882-2 to the Coachella Valley Water District for well site purposes. At some time in the future the Water District may drill and operate one or more water wells on the site. Pursuant to the CC&R's, by accepting a deed to a lot you acknowledge that the construction and operation of such water wells may involve heavy equipment operation, including drilling and maintenance derricks which may create noise and vibration. Further,pursuant to the CC&R's,you will assume the risks associated with such conditions and releases The Avondale Corporation from any liability arising therefrom. You are advised to read Section 13.10 of the CC&R's for more information in this regard. Adjacent Shopping Center Site The project adjoins an 8.6 acre parcel of land located at the northeast comer of Country Club Drive and Monterey Avenue. The Avondale Corporation plans to develop a shopping center on this site. Pursuant to the CC&R's, by accepting a deed to a lot you acknowledge that the construction and operation of the planned shopping center will likely create additional vehicular traffic,noise,light and similar impacts normally associated with the construction and operation of a shopping center. Further,pursuant to the CC&R's,you will assume the risks associated with such conditions and release The Avondale Corporation from any liability arising therefrom. You are advised to read Section 13.11 of the CC&R's for more information in this regard. Use of Remaining Project Property The Avondale Corporation is building single family detached homes on a phased basis on land which has been approved for this purpose by the appropriate governmental agencies. The Avondale Corporation may continue to build the homes which are currently being sold, or in response to changing market conditions may stop its development activities or proceed to construct different single family detached homes on the remaining property. Such different single family homes may have different floor plans,elevations, features,materials, designs and prices from the homes currently represented in the model complex. Further,The Avondale Corporation may sell the balance of the property to other builders who may build other single family homes on such property. Other Adjacent Property The Avondale Corporation has no control over land uses on other adjacent properties. The City of Palm Desert, the County of Riverside and other government agencies have previously approved land uses on such adjacent properties, and these agencies have the complete authority to revise the currently allowed land uses at any time. Therefore,The Avondale Corporation makes no representation or warranty as to the current or future land uses on any adjacent or nearby properties. Buyer hereby acknowledges that the responsibility to determine the currently allowed land uses and to monitor any future changes in such regulations on adjacent or nearby properties is with the Buyer and not The Avondale Corporation; and further, The Avondale Corporation is not obligated to become a party to any dispute between the Buyer and government agencies or other property owners regarding adjacent land uses. The Avondale Corporation encourages you to contact the City of Palm Desert at(619)346-0611 and the County of Riverside at(909)275-3200 to clarity what is currently allowed on adjacent properties and, in addition, to keep in contact with these agencies to be apprised of any future land use changes being considered. OTHER VALUE CONSIDERATIONS Lot Premiums&Views Some of the lots in Merano have premiums set by The Avondale Corporation based on a variety of factors and such premiums generally define The Avondale Corporation's opinion of the desirability of a particular lot when compared with other lots in the project. If you are purchasing a lot which you perceive as having a view,you are advised that the view as seen from the lot at the time of purchase is not guaranteed. Existing views may be altered or impaired by the future construction of The Avondale Corporation or by others including adjacent property owners,by growth of vegetation or trees, by fences, or by other factors not presently known. The Avondale Corporation makes no representations or warranties,whether expressed or implied, as to either the nature or extent of the view from your lot or residence or any obstruction thereof,or the permanency of the view from any portion of your lot or residence. Price Changes and Benefits of Home Ownership Although the purchase of a new home traditionally has been considered a wise decision for many reasons,The Avondale Corporation.makes no representations or warranties with respect to future price changes on other homes and lots in this or any other phase of the project, and reserves the right to adjust prices upward or downward without notice or obligation. The Avondale Corporation makes no representations that your home's value will at any time in the future either retain or be higher than its value at the time of purchase..Buyer hereby acknowledges that at no time has the Merano Sales Consultant or any other representative of The Avondale Corporation made any representations or warranties regarding home value,price appreciation or depreciation,or future pricing adjustments. BUYERS 1 INITIALS 6122N5 Homebuyer Awareness and Information Statement PROPERTY TAXES AND SPECIAL TAX ASSESSMENTS You are encouraged to contact the Riverside County Auditor's Office at(909)275-3820 to determine the total of all taxes for the property. The following is a summary of some of these taxes. Regular Real Property Tax Regular ad valorem real estate taxes for a home in Merano are determined by multiplying the annual local tax rate by the assessed value of the home as determined by the County Tax Assessor based on its total purchase price and any other improvements made by the Buyer. For the 1994/1995 tax year,the annual local tax rate applicable to homes in Merano is approximately 1.133%of the full cash value. Supplemental Real Property Tax The property taxes payable for a home in Merano before it is sold is based on the lower valuation of the property before construction was complete. These existing lower taxes will he prorated through escrow so that the Buyer will pay only that amount attributable to the Buyer which is the period from the close of escrow to the following June 30th. However, the purchase of your home constitutes a "change in ownership"for real property tax assessment purposes,which will cause a reassessment of your residence by the County Tax Assessor based on its sales price. The result will be a real property tax increase based upon the purchase price of the home,effective as of the date of the close of escrow. After the close of escrow you will receive a supplemental real property tax bill covering the tax increase attributable to you for the period from the close of escrow to the following June 30. Assessment District 94-3,City of Palm Desert The City of Palm Desert has formed Assessment District 94-3 in order to finance the construction of certain public infrastructure facilities which benefit the Merano development including,but not limited to,the installation of sewer lines,water lines,and street widening. If the cost of these necessary facilities was not financed by the Assessment District,they would have been paid for directly by the builder and included in the direct purchase price for each home. Bonds have been sold to pay for these facilities and associated costs to administer the Assessment district, and retirement of the bonds(principal and interest)will be paid over a 25-year period by a special assessment for each residential lot in the Merano project. These assessments are in addition to the regular property taxes and any other charges,fees,special taxes and benefit assessments on the property. If you fail to pay these annual assessments when due,the property may be foreclosed upon and sold. The total bonded assessment against each lot to pay for public facilities through Assessment District 94-3 is$9,779.27. An annual assessment will be levied each year until all of the assessment bonds are repaid,or until the total assessment against your property has been paid in full. The amount of the annual assessment for 1996 is not more than $827.43 and the annual assessment will not exceed $855.77 per year during the period of 25 years. Rather than pay this assessment each year,you may pay off in one lump sum, or in partial lump sums of a minimum of $5,000, the total amount of the bonded indebtedness against your lot. However, there will be a 3% pre-payment premium, and all accrued interest to the date of prepayment will be also due. If you have further questions regarding the assessment district,you may review a copy of the Official Statement of the City of Palm Desert for the original bond offering, as well as other related documents, in the Sales Office. Additionally, in order to determine the lump sum pay-off amount for your lot or to obtain answers to further questions,you may contact the assessment consultant which has been retained by the City of Palm Desert to manage this assessment district at(800)755-6864. Landscape Maintenance District The City of Palm Desert has formed landscape maintenance districts in many areas of the City to pay for the maintenance costs of street landscaping which are of a direct benefit to surrounding properties. It is likely that lots within the Merano project will be included in such a district in the future and the lots will be subject to an annual assessment to pay for the maintenance of landscaping to be located in median strips adjacent to the project on Country Club Drive and Monterey Avenue. Further information will be provided by your Merano Sales Consultant when such information is available. PLANNED UNIT DEVELOPMENT Homeowners in the Merano project will enjoy exclusive ownership of their own lot and home, and shared ownership of interior streets, entry gates,perimeter walls and other common landscaped areas. Ownership of a home in Merano will include the following features: Homeowner's Association A homeowner's association ("Association") has been formed which every Buyer will be a member of and which will be responsible for the maintenance of the common area improvements of the project. These common area responsibilities include the streets, entry gates, perimeter walls and common area landscaping. In order to pay for the cost of the common area maintenance, a monthly fee will be assessed to every homeowner in the project. The billing, collection of assessments and day to day management of maintenance activities will be managed by an independent management company retained by the Association. The Avondale Corporation will provide to you a copy of the Association documents,financial statements and budget and will assist the homeowners in the administration of the Association during its start-up period. Covenants, Conditions, Restrictions&Easements The title to each lot in the project will be subject to the recorded Declaration of Covenants,Conditions,Restrictions and Easements("CC&R's"). A copy of this document will be provided to you. You are advised to read this document carefully and contact your Merano Sales Consultant if you have any questions. These CC&R's are intended to protect your community and they also set forth many of the rights and responsibilities that each Buyer acquires when purchasing a home in Merano. HOMEOWNER RESPONSIBILITIES You will have the following responsibilities when owning a home at Merano: Home and Lot You will be solely responsible for the maintenance of your home and lot. Slopes All slope maintenance is the sole responsibility of the homeowner of the lot on which the slope is contained. It is important that each homeowner maintain landscaping and irrigation of all slopes to deter the effects of erosion. Drainage Your lot has been graded in accordance with requirements of the City of Palm Desert for the purpose of directing the flow and drainage of surface water. Improper alteration of lot grading may result in significant damage, including but not limited to, damage to the foundation of your home or adjacent slopes. If after the close of escrow you,or your landscaping subcontractors,alter swales or drainage courses,change the grading,or install landscaping or other improvements in such a way so as to alter the drainage flow on your lot,The Avondale Corporation shall not be responsible for any damage to persons or property resulting therefrom. This applies both to drainage from your lot onto any other property as well as drainage within your lot. BUYERS 2 INITIALS vrus Homebuyer Awareness and Information Statement Landscape Maintenance It is your responsibility to maintain the landscaping of your lot upon close of escrow. Proper maintenance requires mowing and trimming as well as elimination of burrowing rodents,maintaining proper drainage,weeding,fertilizing,and repairs and adjustments to the irrigation system. Wind and Wind-Driven Sand, Dust and Debris Merano is located in a portion of Riverside County which is occasionally subject to high wind conditions and wind-driven sand,dust and debris. The Avondale Corporation will not be responsible for damage or clean-up arising from wind or wind driven sand,dust or debris. Fences You are responsible for the maintenance of both the interior and exterior side of the fencing around your home,except for the exterior side of the perimeter block wall facing Country Club Drive and Monterey Avenue which will be maintained by the Association. The Avondale Corporation constructs wood fences, and some wrought-iron and block walls,along rear and side yards with each home it sells. A copy of the fence plan showing the location of these fences and walls is available at the sales office. Not every lot will have a block wall. Property Lines Due to typical construction conditions and practices,the exact location of fences,individual houses,driveways,tops-of-slope,lot boundaries and setback dimensions may vary from that depicted in the brochure, sales office plot plan or grading plan. For example, in yards which slope downward,the fences may be several feet inside the property line as they are often placed at the top ofthe slopes. Or,where public utility access or other easements run along the lots,fences may be placed at the inside edge of the easement. In addition,error in the field by fence installers or other workers may result in fences not being placed exactly on the property lines. When replacing or extending fences, block walls or installing permanent or costly improvements, you should not rely on the placement of existing fences to locate property lines, easement boundaries or setback limits. It is recommended that yo u verify the propgl(y lip c easement bound boundadrs and setback limits throne professionally prepared surveys or other appropriate means prior to replacing or extending fences or installing ot�permanent improvemen Utilities Buyer hereby acknowledges that utilities such as electrical transformers,pull-boxes,TV cable boxes,gas meters and water meters are placed per plans designed or approved by the respective utility companies within easements reserved on the Buyer's lot for such purposes and it is the Buyer's responsibility to review utility plans available at the Sales Office to determine the location, if any, of utility improvements on the Buyer's lot. The Avondale Corporation will not be responsible for the removal or relocation of any such utility improvements. The maiority of electrical transformers are now required by Southern California Edison to be above ground and above pro nd electrical transformers will b placed in the front yard of some lots. Mailboxes The location of mailboxes are determined by government agencies and may contain more than one box on a common post near the property boundary of two or more lots. You will retain responsibility for the maintenance of your mail box. Future Homeowner Improvements The Association will form an architectural committee which will have design approval authority over exterior alterations and improvements to homes within the project which occur after the close of escrow. See the CC&R's for more information. In addition, certain restrictions may exist with respect to utility and/or drainage easements on or adjacent to your lot. Before commencing any landscaping or other improvements, please be sure to check with your Association and with the Building Department of the City of Palm Desert to determine if there are any restrictions or permits required. GEOLOGICAL CONDITIONS Soils Report: The Avondale Corporation is building single family detached homes on land which has been approved for this purpose by the appropriate government agencies. As a part of the governmental approval process of this overall subdivision, the grading plans, street plans, utility plans and the house building plans and information dealing with soils and geologic conditions is reviewed and considered by such agencies. Finally, registered and licensed soils engineers as well as grading and building inspectors employed by appropriate governmental agencies regularly monitor these construction activities in the field to insure that the project complies with all applicable codes and conditions of approval. The Avondale Corporation encourages you to retain the services of a geologist or soils engineer if you are concerned with this aspect of the project. The above plans and information will be made available to any geologist or soils engineer which you retain for the purpose of obtaining their professional opinion prior to the closing of your escrow. You or your geologist or soils engineer may review a copy of the Preliminary Soils,Foundations,and Geologic Investigation report prepared by Terra Geo Sciences,Inc.dated 6/13/94 for Tentative Tract 27882 in the Sales Office. Hazards due to Geological,Seismic or Flood Factors Per the Preliminary Soils,Foundations,and Geologic Investigation report prepared by Terra Gen Sciences,Inc. dated 6/13/94,the subject site is not located within any active faulting area. However, Southern California is an earthquake prone area and earthquakes can occur at any time with varying degrees of strength. Additionally,the site is not situated within a Special Flood Hazard Zone. I Rocks Within Soil Buyer hereby acknowledges that the soil at Menton may contain rocks which Buyer or its landscaping contractors may have to remove for installation of irrigation systems, patios, pools, spas, and other hardscape installed by Buyer; and therefore, The Avondale Corporation is not responsible for the removal or disposal of any rocks after the close of escrow. DESERT SANDS UNIFIED SCHOOL DISTRICT Menton is located within the Desert Sands Unified School District and students will attend the following schools: Elementary: Intermediate: High School: Lincoln Elementary Palm Desert Middle School Palm Desert High School 74111 Rutledge 74200 Rutledge 43570 Phyllis Jackson Lane Palm Desert,CA 92260 Palm Desert,CA 92260 Palm Desert,CA 92260 (619)862.4340 (619)862-4320 (619)862-4300 Bus Provided:YES Bus Provided:YES Bus Provided:YES The above information is provided as a courtesy and is accurate to the best of our knowledge on the date provided. School assignments or the availability of school buses may be changed at any time by the school district. For more information, please contact the Desert Sands School District at(619)775-3500. BUYERS 3 INITIALS N11/9J Homebuyer Awareness and ' Information Statement GENERAL CONSTRUCTION INFORMATION: Limited Access During Construction The construction site is closed to all persons except contractors and employees of The Avondale Corporation. Due to the possible risk of injury during the construction of your home,we ask that you refrain from entering your home unless you are escorted by a Merano Sales Consultant. If you wish to see your home during construction,we suggest you do so from your car. If you have a special need to enter your home during its construction, please notify your Merano Sales Consultant and request an appointment during normal business hours Monday through Friday. You will be required to sign a release of liability form prior to entering onto the property. No one will be escorted to their home on a weekend. Please be careful to respect this request and advise persons such as interior designers, drapery installers and others that you may hire that they must call ahead on a weekday if they wish to be admitted into your new home to take measurements. Work in Process If you happen to notice something about the construction of your home that does not look right to you,please be assured that your home is being constructed according to rigid building requirements. The unusual thing you see could be a temporary support member, an unfinished job or a damaged feature that will be taken care of in proper sequence with other similar cases. No Extra Work Our subcontractors have been advised that they are not permitted to do any extra work without authorization by The Avondale Corporation. Further,any additional improvements or modifications which are not provided by The Avondale Corporation as a part of the purchase price of your home,whether performed by our subcontractors or by others retained by you,must be done after the close of escrow. Any unauthorized improvements shall,at the sole option of The Avondale Corporation,become the property of The Avondale Corporation. Further,The Avondale Corporation is not responsible in the event of any theft or removal of,or damage or destruction to,such unauthorized improvements. Model homes The models have been professionally decorated and landscaped. Many decorative features shown in the model homes are not included in the price of the home. Additionally,many options and upgrades which are available at additional cost to you are contained in the model homes but are not included in the price of a standard home. None of these decorative option or upgrade items are in I d d in th �rice of your ho_ me unless agreed to in mlitmeby The Avondale Corporation. Such decorative and/or optional items which are not a part of a standard home include,but are not limited to,the following: Exterior Improvements: Decorative masonry on concrete driveways, walkways, patios, walls, courtyards, wood pilings, decorative pools/spas, ponds, overhangs, trellises, exterior lighting, benches, landscaping, sprinklers, exterior light fixtures, potted plants, hanging plants,additional fencing and gates. Interior Furnishings: Furniture and furnishings, window treatments, artwork, plants, wall hangings, decorative mirrors, mirrored wardrobe doors, upgraded/decorative and theatrical light fixtures/ceiling fans, plate rails, decorator towel racks, decorator cover plates, paper holders and ccessories. Flooring: Wood floors,upgraded carpet,ceramic tile flooring and other enhanced floor surfaces. Special Finishes and Built-In Units: Custom paint colors, wallpaper, wood paneling, high gloss finish cabinets and any other stained surfaces, upgraded tile countertops, kitchen islands, leaded glass entry doors, french doors, raised panel interior doors, closet organizers, crown molding, upgraded bathroom faucets, spa, porcelain tub/showers, upgraded glass shower enclosures, stained glass, certain built-in units,decorator cabinet hardware,fireplace paint and fireplace logs. Appliances: Washers, dryers, refrigerators,Jenn-air appliances and component parts,Nu-tone Kitchen Centers, wall heaters, garage door opener,music and intercom, water softener and instant hot plumbing, service for electric dryer,gas plumbing for barbecue, entertainment center and security system. Other: Rain gutters,light bulbs. Optional Features Your Merano Sales Consultant will set up an appointment for you with the Design Center Coordinator to make your selections of the optional features. This must be done within ten (10) days of the purchase agreement date to enable The Avondale Corporation to meet your move-in schedule. Options must be selected prior to the start of construction. Options selected after the start of construction may not be available or may require a substantial increase in price. Not less than 30%of the total cot of all Qpligns ordered must bc paid in fill prior to the sign lif construction and shall be considered a non- refundable depQSil Should escrow I endless of red on or fault all monies firrwardcd to The Avondale nrporation or its contractors for options that have been delivered or in l Iled in the home will not b r fi nded to the B ygr, Deletions No appliances,bath fixtures or any other part of the standard plans or specifications can be deleted. Interior Doors Interior doors will be installed at the entry to each bedroom,water closet,secondary bathroom and hall closet. Variation in Elevations In order to provide diversity for the street scene, our architect has produced more than one exterior design (elevation) of each floor plan. Consequently,you may notice differences between the model home for your floor plan and the elevation of your home. These differences may include such items as sloped ceilings,veneer treatments,window locations and sizes,roof lines,color schemes,etc. Exterior designs and colors have been pre-selected according to elevation and location and there are no changes. Dimensions All brochures, model homes, sales materials and construction plans contain dimensions which are approximate. They are not intended to he precise representations of exact dimensions of your home or lot. Additionally,concrete driveways,walks and stoop designs and dimensions may vary due to the location of the house on the lot. Material Variations and Substitutions The color, design and texture of certain materials may vary due to the nature of the materials used. Additionally, materials and fixtures occasionally become unavailable due to situations beyond the control of The Avondale Corporation, therefore, The Avondale Corporation reserves the right to make substitutions. BUYERS q INITIALS dzzros Homebuyer Awareness and Information Statement Energy Efficiency Your new home will be constructed with the following fiberglass insulation: Location Thickness R-Value Exterior Walls 3" R-13 Ceiling/Attic 91/2" - R-38 The garages are not insulated to retain warmth compatible with their use as a principal living area. Air conditioning units with a seasonal energy efficiency rating(SEER)of 12 will be installed in each home at Memo. The capacity of the units based on each floorplan are as follows: Floorplan Cooling Capacity #10 3 Tons #20 4 Tons #30,#35,#40,#45,#50,#60,#65 5 Tons Completion Date Check with your Merano Sales Consultant periodically for changes that may occur in completion dates. Due to the effect of weather and the number of different trades involved in the construction of your new home, accurate completion dates are difficult to estimate in advance. As soon as your home is past the halfway mark your Merano Sales Consultant should be able to supply you with a tentative completion date. Proposition 65 Disclosure Statement Pursuant to the requirements of Proposition 65 of the State of California, you are advised that normal home construction uses products or materials that may contain chemicals known to cause cancer,birth defects,or reproductive harm. Please contact your Merano Sales Consultant if you have any questions in this regard. PURCHASE, FINANCING AND CLOSE OF ESCROW Escrow Instructions In addition to the purchase agreement, you will be required to execute escrow instructions which The Avondale Corporation will cause to be prepared and delivered shortly after the execution of the purchase agreement. All escrow instructions must be received by the escrow company within five (5) days of the time you receive them. Please sign and return them immediately. If you have questions regarding the escrow instructions,please contact your Merano Sales Consultant for clarification,then sign and return as requested. Financing One of the optional services provided for The Avondale Corporation's customers is assistance in arranging a home purchase loan through their preferred lender(s), subject to necessary qualifications by you. There is no obligation for you to use the lending services of the preferred lender(s). Further, the terms and conditions of any such financing shall be determined at the sole and absolute discretion of such lenders. No warranty is made by The Avondale Corporation with respect to the interest rate, other terms of such financing,or whether you will qualify for such financing. Buyer hereby ukaQwledges that The Avondale Corporation cannot guarantee interest rWfS or total amount of diSglilinl points due lender from Buyer at the close of escrow and that fhr,Buyer has agreed pursuant to the purchase aere m nt to close escrow meaWlt;ss of the interest rate and point structum of Buyer's loan at the time of the close of escrow. Should escrow be delayed due to Buyer's lack of diligence in regard to signing loan documents, The Avondale Corporation may elect, at their sole option, to extend the escrow subject to the Buyer paying The Avondale Corporation$50.00 for every day so extended. Loan Application You will be given a loan package and your Merano Sales Consultant will arrange an appointment for you to meet with a loan agent. Please complete this loan package and give it to the loan agent at your appointment. Please give your immediate attention to completing all necessary steps requested of you by the loan agent in order to reduce processing time. Loan approval normally takes thirty(30)days. Order and Execution of Loan Documents Your Merano Sales Consultant and/or loan agent will order the preparation of loan documents approximately one month prior to the scheduled close of escrow. Your Memo Sales Consultant will notify you of the time and place for executing the loan documents. Identification for notarization of your signature will be required. Insurance Information All lenders will require that you have proper fire insurance in force prior to the funding of your loan. Please call your insurance agent to arrange for fire insurance and have them notify escrow. If you wish,your Merano Sales Consultant will arrange insurance for you. Final Deposit to Escrow Any net remaining funds necessary to close escrow must be provided by Buyer in the form of a cashier's check to the escrow agent prior to the closing of the escrow. Utilities You will be responsible for ordering initial hook-up and continuing service for the utilities serving their home. You are advised to contact the following companies for such services at least two weeks prior to the close of escrow: Electricity: Contact Southern California Edison Company at(800)442-4950. Gas: Contact Southern California Gas Company(800)427-2200. Telephone: Contact GTE at(800)482-6711. Water: Contact Coachella Valley Water District at(619)398-2651 Cable TV: Contact Colony Cablevision at(619)340-2225. Refuse: Contact Waste Management of the Desert at(619)340-2113. BUYERS 5 INITIALS anz,vs Homebuyer Awareness and Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does-not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terns. Warranty Request The homeowner's infornation booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# Lot# BUYER: DATE: BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your file. a2I195 dieliuyer Awareness slid -information Statement — e Walk-through Inspection/Famillarizalion 75 Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-Through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by die homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terns. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms, and life procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. however, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges(list if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCIIASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N=- , BUYERDATE: I I I G BUYER:�f�� DATE: /b BUYER: DATE: 7 Please rlgn and rtturn one copy to The Avondale Corporation and retain one copy for your file, 311&Yd d)rr ,tom COCS3 Hilo _✓IJ ,� J alatiaal Statement (� �"`'I Walk-through InspecllonlFamlllarizallon After your loan docmuells have bccn signed and your total down payment is in escrow, you will be givcu a walk-Ihrough inspecliun to familiarize you wish all of the operaling aspects of your new honne and to role any discrepancies which require correcliou. Your Mefauo Sides Cuusullanl will schedule tl'is walk-Ihrough appointment,and the walk- asked to sign a form indicating your acceptance Of the lot, the homc and all of the innprovennenls, except for any discrepancies to be corrected which will be uOled on the form. Any discrepancies noted will be corrected as soon as is practical, bill in uo eveul will the close of cscrow be conditioned upon Or delayed by the correction of any item noted in Ibe walk-through. If a corrective measure must be taken after the close of cscrow,such work will be underlakcn on an appoinlnlenl basis by[lie applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances inslnlled in your homc, copies of the Association docuoicals including CC&It's, financial reports and budgets, a construction warranty and turns will' which you stay request warrany repairs. Close of Escrow, Release of Keys Upon the close of cscrow, your keys mud gate access card will be givcu to you by your Mcrano Sales Cousullanl. When you insert your keys into the locks Of your home,they will aulomatically make useless the contraclor's umster key,thus clialivating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrnnls your home against defects in original material and workmanship pursuant to rind upon the express Icrms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal mainteuauce by Ibe hancow•ncr. Minor expansion, conlraclion and willing cracks normal to homc couslmcliou are out covered under [Ile Ienms of this warranty. This warranty is given to you ill place of and in lieu of all other warranties or guaraulecs,written or oral,whether expressed or implicit,save and except those given by others which shall be ill force according to their own Icrms. Warranty Request The homeowner's information booklet which will he provided to you will contain phone l u llbers, warranty request forms, and the procedure to follow in order to assure(lie best service to you. In most instances,warranty repairs will be umde as soon as is practical oil au appoinlnletd basis by the applicable subcontractor. An adult must be present in ordcr to grant entry to the homc. Construction Traffic You may experience some construction related lraffte and activity for future phases of development after the close of escrow. This only result in construction detours and possible inconvenience which should be Iennporriry in nature. Meetings of Homeowners Association YOU will receive notification of regular meetings of Ibe Association which will be field near the project. 'file Avondale Corpordion encourages your panicipalion in the Association and will assist the homeowners with the adnninisiralion of the Association during(lie start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Mcrano devctopunenl. The Avondalc Corporation believes dal lbc infonnatiun herein is accurnle. Iluwever, in the accuoudalioo and preseutali011 of this infonnaliuu, The Avondale Corporation has relied upon information provided by third patties, including certain experts and professionals. The Avondale Corporation may elect fronn time tO lime update,change or annend this stalenen. You arc encouraged to verify the information coolu med herein from other independent sources. Ihlycr hereby acknowledges that if the information cnnlained herein is in any way inaccurate or if,duc to the passage of lilac, becomes inaccura le. c Avondale Corporation will out be held liable for any damage,or claiun of damage,front Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER TIIE UNDERSIGNED IIF,IIEBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO 'f11E UNDERSIGNED BY ANY PAivrY TIIAT ARE INCONSISTENT WITH i'ms S'rA'rEAIENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCIIASE WITHIN THREE (3) DAYS AFI-Elt RECEIVING THIS STATEMENT. Tract N ar/ —,2- Lot � (n l! BUYER:— J ;ull l- K 1(n ri 12C, DATE: RUYER:4�j� � 4n DATE: BUYER: DATE: 7 I'lease glen unl relarn nor cHm,la Tlir Acrnnle , euycr Awareness and srormalign 5lalcmcul / Walk-through Inspecllon/Famlliarization After your loan documents have been signed and your total down payment is in escrow, you will be given a wnik-through inspection to familiarize you will all of the operating aspects of your new [ionic and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appoimtocul, will (lie walk-through will be conducted by a construction representative. You will be asked to sign a form indicaling your acceptance of the lot, the homme and all of the inmprovcoculs, except for any discrepancies to be canceled which will be noted on [lie form. Any discrepancies noted will be correcled as soon as is practical, but in no event will die close of escrow be conditioned upon or delayed by the corrcction of any item noted in the walk-through. If a corrective measure must be taken after the close or escrow,such work will be undertaken on an nppoiomcnt basis by file applicable subcontractor. Homeowner Information Booklet You will receive a homeowner infommmiou booklet which includes mamfacturer's wor(iatics for appliances installed in your home, copies of Ibe Association documents including CC&R's, financial reports and budgets, a construction waranty mid forms with which you fully request warranty repairs. Close of Escrow, Release of Keys Upon die close of escrow, your keys end gate access card will be given to you by your Memoir Stiles Consultant. When you insert your keys into the locks of your Inonne, Ihcy will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Llmltallons of Liability The Avondale Corporation warrants your home ngainst defects in original material and wokmauhip pursumd to and upon die express lerns of a. separate written warranty which will be provided to you. This warranty dues not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and sending cracks uornmal to honor construction arc not covered under the temis of lltis warranty. I his warranty is given to you in place of and ill lieu of all other warranties or guarantees, written or oral, whether expressed or implied,save and exccpl Ihosc given by others which shall be in force according to their Own tams. Warranty Request The homeowner's infunmmion booklet which will be provided to you will contain phone numbers,weramly request forms,mid doe procedure to follow in order to assure the best service lu yen. lu must instances, wmranly repairs will be made as soon as is practical our an appointment basis by the applicable subcontractor. An adult must be present im order to grant entry to the hunic. Construction TrarBc You"nay experience sonic construction rclnled traffic mid activity for future phases of development aver file close of escrow. This may resull iu construction detours mid possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive nolificetion of regular meetings of the Association whiell will be held near Ilene project. The Avondale Corporation encourages your participation in the Association mid will assist the bonmcovners with Ilse adnminislrmiun of Ilse Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to fmnilimize you with the Melmlo development. The Avondale Corporation believes dial We information herein is accumle. I lowevcr, in the accumulation mid presentation of this information,The Avondale Corporation Ilan relied upon information provided by third parties, including certain experls and professionals. The Avondale Corporation filly elect from time to lime update,change or amend this siatenterd. You arc encouraged to verify the infurnalion eomtained herein from other independent sources. Buyer hereby acknowledges that if mite inforation cnntaiucd herein is in any way inaccurate or if,due to(lie passage of tiumc, becomes inaccurate,'life Avondale Corporation will not be held liable fur any danmge,or claims of damage, front IJuyer as it result of sucin inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND HEAD THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt WARRANTIES HAVE BEEN AIADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT To PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N_ c27�, Lot Il BUYER: DATE:_ IIUYER: DATE: BUYER: DATE: I >oinebuyer Auaramss and Information Slaicwnil Walk-through InspecllonlFam Ilia rizalion After your loan documcn(s have lice', signed and your total down payn,an is in csCrmv, you will be given n walk-Ihrougb inspcaiuu In familiarize will wile all of is walk -1h ng aspects of your new puma and lu mute'Illy discrepancies which rcap,ire correction. your hlerauo Sales Consonant will s full,, juc this walk-through appuiubncul, and tee walk-lbrougb will be coaducled by a couslructim, rcprescuhhlivc. you will be asked a sign a form iudicaliug your ncccpmnca of lea iota the hume slid all of tine improvcmenls, except for any discrepancies Ill be currcc(cd which will be nulcd on the furor. Ally discrepancies noted will be corrected as sour as is practical, bill ill no event will the close of cscruw be cunJilioneJ upon or delayed by the currccliun of ally item nolcd in the walk-through. If a Corrective measure must be lakes alter the close of escrow,such work will be undertaken on an ippoilllmest basis by the applicable subcoulraclur. Homeowner Information Booklet YOU will receive a homeowner information buuklcl which includes manufnclurer's warraulies fur appliances installed in your hmne, copies of the Association docunhemts including CC&Ws, limmcial reports and budgets, a eouslructiou warranty and funus with which you may request warranty repairs. Close of Escrow, Release of Keys Upun (the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. 1Vhen you insell your keys into[he locks of your boric,Ihey will mdumatic:diy make useless the emtlraclor's nmsler key,thus elin,ivaliug our access to your huuu. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability 'I be Avondale Corporation warrauls your home against defects ill original malcrinl and wohkmanship pursuuu to u,J upuu the cxpress terms of a separate wriacm warranty which will be provided to you. '1 his warrnuly dues not cover defects caused by a lack of nunual nlaimlcuence by the hunleowmcr. Miner cxpausiun, contraction and settling cracks nonual to hook cuustructiml are nil covered under the terns of Ibis warardy. This warranty is given to you ill place of nod in lieu of all other warraulies or guarunlecs,wrillcu or oral, whether expressed or implied,save slid cxcepl those given by oleos which shall be in force according to Ihcir own toms. Warranty Request Tl,e homeowner's information booklet which will be provided to you will eel follow i tlain])tune nuuhbers, warranty request Ibnns,and the procedure to n order to assure lbe best service lu you. Ill rust inslnuces,wnrmnly repairs will be made as soon as is practical mil art appuinbncul basis by'lie applicable subcontractor. An adult must be])result[ill order to grail entry to Ili home. Construction Traffic You may experieuce some conslrucliou related traffic slid activity for future phases of dcvclopmcul alter(hc close of escrow. 'I llis may resub in consbuclion detours and possible incnuveniemce which should be temporary io ualure. Meetings of Homeowners Association YOU will receive nolificalion of regular mcc(ings of the Association which will be held near[lie prujecl. 'rile Avondale Curpumliuu uhcuurages your panicipaiiml in the Association slid will assist the hmueowners will,the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you will,Ilie Mcni a develupmnhl. 'I he Avondale Corporation believes Ilia, the infonualion ecrein is accurate. I luwever, in flue accunhulaliuu slid presculatiun of Il,is infor union,"reo Avondale Curpuralion has relied upon information provided by lbird p;utics, including certain experts slid professionals. The Avondale Curpornliou illy elect from tine to lime update,change or amend this s(a(cincnl. You nre encouraged to verify the information cmdaineJ herein fruit'o16er inJepenJenl sources. Buyer hereby acknowledges Thal if the information con(ained lherehl is ill any way inacc al'o or if,Jac Ill the passage of lino, becomes sourjuncces. B The Avondale Cughora(ion will not be held liable' for any damage,or claim of Jauhage,from Iluycr as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES; (A) THE UNDERSIGNED HAS RECEIVED AND READ -17HIS HOMEBUYERS AWARENESS AND INFOlUh1ATION STATEMENT; (B) NO REPRESENTAT-IONS Olt WAIUtANTIES HAVE BEEN MADE 1.0 THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT W I'r11 9'i ns s'rA'rEAl ENT;AND, (C) -rl1E UNDERSIGNED MAY TERMINATE 7'11E CONTRACT '1'D PURCHASE %vl'rHIN -ri1REE (J) DAYS AFFEII RECEIVING THIS STATEMENT. Tract11. LuIll_ 5 l a BUYER: 3 j DATE: 11UYER: 6 DATE: �� 7 BUYER: DATE: 7 ,mebu)'er AWarcncss and .nformation Statement Walk-through Ins pection/Fam ilia rizaBon Aner your loan documents have been signed and your total down payment is in escrow, you will be givcu nwalk-Through inspection to familiarize you Ivilh all of the operating nspccls of your new home and to note any discrepancies which require correction. Your Mcrano oSales Consultant will schedule This walk-Through appoinlnlent, and the walk-Through will be conducted by n construction representative. You will be asked to sign a loon indicating your acceptance or the Iul, the home and all of the itupruvemenls, except for any discrepancies to be corrected which Will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, bill in no even, will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-Through. Ira corrective ,,ensure must be Inken after the close of escrow, such work Will be undertaken on all appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a honncowner information booklet wilicil includes ntmalrae,urer's warranllcs for appliances Installed ill your horn c, copies of the Association Jocununls including CCRIt's ons , financial reports and budgcls, a clnnc,iot warranty and forms with which you may request warranty.repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will Ile given In you by your Merman Sales Consultant. When you insert your keys into the locks of your hhone,they Will nuloulatically(hake useless the contractor's nmsler key, Ihus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against dcrecls in original material and workmanship pursuant to and upon the express lenus or, separate written warranty which swill be provided to you. 'this warranty does not cover defects caused by n lack of normal maintenance by the homeowner. Minor expansion, contraction and sellling cracks normal to Ironic construction arc nut covered under the Icons or this warranty. This warranty is given to you in place of and in lieu of all olber warranllcs or guarantees,written or oral,whether expressed or implied,save and except those given by others Which shall be in force according to Ihcir own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms, and ,herocedure to follow in order to assure the best service In you. Ill most instances,Warranty repairs will be made as soon as i p s practical on an apry,iulmenl basis by the applicable subcontraclor. An adult must be present in order to grant entry to the hone. Construction Traffic You may experience some construction related Iraffnc and activity for future phases of development finer the close of escrow. This may result in construction dclnurs and possible inconvenience which should Ile temporary in nature. Meetings of Homeowners Association fool will receive notification or regular meetings or the Associntion which will be held near the project. The Avondale Corporalion encourages your patticipatiun in fine Association anti will assist the homeowners will'Ibc administration of[lie Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order In familiarize you with the MCrmlo development. The Avondale Corporation believes Ilia( the information herein is accurate. I Iowever, in the accnuoulation and presenlalinn of This infonnalion. The Avondale Corporation has relied upon information provided by third parties, including certain experts mW professionals. The Avondale Corporation may elect front little to lime Update,change or amend this statement. You ore encouraged to verify the information contained herein front oilier independent sources. Buyer hereby acknowledges That if lite information contained herein is in any way tnnecurale or if,due In Ibc passage of tittle, becomes inaccurate,The Avondale Corporation will not be he(d liable toy any daninge,or claim of damage, front Duycr as a result orsuch inaccuracy. ACKNOWLEDGMENT BY BUYER 711E UNDERSIGNED HEREBY ACI(NO%VLI:UCI;S: (A) THE UNDERSIGNED HAS RECEIVED AND READ TIIIS 11OAlElIUVEIZS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED IIY ANY PARTY THAT ARE � INCONSISTENT 11'ITII THIS STATEMENT; AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE NITHIN THREE (J) DAYS AfrfER RECEIVING THIS STATEMENT. Tract q v} 7Q 9-? a Loll/ t-S3 ItUYER: i DATE: / y _ C BUYr1: � lug DATE: J BUYER: DATE: 7 Please sign and return one copy to Tilt,Avondale Corporation end relaia our roil)'for vmtr rite. .4buyer Awareness and dormnillon Statement _ C.> /1 '41,,,(1 j' Walk-through Inspection/Famlllarization Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merao Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by [lie correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&IL's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. Thts warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction arc not covered under the terns of this warranty. This warranty is given to you to place of and to lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development offer the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near(lie project. 'rite Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with[lie Mcrano development. The Avondale Corporation believes that the information herein is accurate. Ilowever, in the accumulation and presentation of this infommation, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to lime update,change or amend this statement. You arc encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges dial if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract H 2 7 5r T z _ 2 Lot p BUYER: DATE: BUYER: DATE: BUYER: DATE: 7 Plraae den and return one ropy to Thr Avondale Corporation and retain one cony ror vour rile. I/71W .ebuyer Awareness and ' .formation Slalement /' t Walk-through Inspection/Familiarization / Aner your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to fmai Iiarize you with all of the operating aspects of your new tonne and to note any discrepancies which require correction. Your Merao Sales Consulting will schedule this walk-through appointment, and the walk-though will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on (lie form. Any discrepancies noted will be corrected as soon as is practical, bill in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure most be taken after the close of escrow,such work will be undertaken on nu appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your horue, copies of the Association documents including CC&IVs, financial reports and budgets, a construction warranty and furors with which you may request warranly repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's nmsler key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your[ionic against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. 'this warranty does not cover defects caused by a lack of annual maintenance by the homeowner. Minor expansion, contraction mid stilling cracks annual to home construction are not covered under the terns of this warranty. 'I his warranty is given to you in place of mid in lieu of all other warranties or guarantees,wrimen or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own teens. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms, mid line procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the houm. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours mid possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held scar the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Marano development. The Avondale Corporation believes that the information hercin is accurate. I lowevcr, in the accumulation and presentation of this infonnalion,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. "I lie Avondale Corporation may elect from time to limit update,change or amend this statement. You are encouraged to verify the information contained hercin from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN 51ADE-1.0 THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY 'TERMINATE 771E CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract H �! rS IS �� Lot# � BUYER: /ii�A�l/ //f� j DATE: BUYEI DATE: BUYER: DATE: 7 IhnmrbuyerAwuenevand Information Statement 4 .�sr'✓"7r Walk-through Inspection/Famlllarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your newbome and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home end all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in Ito event will the close of escrow be conditioned upon or delayed by the cu rection of oily item noted in the walk-through. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon lire close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terns of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under lire terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and We procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development aDer the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. . Meetings of Homeowners Association You will receive notification of regular meetings of tie Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend(his statement. You are encouraged to verify(Ire information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,front Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEDUVERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TER51INATE THE CONTRACT TO PURCHASE WITHIN TIIREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N / Lottl BUYERt �ZG DA G� _5 BUYER: DATE: BUYER: DATE: 7 Plesse sign and return one ropy to The Avondae Corporation and retain one ropy fnr ymtr rile. uervF informal ion Statement Walk-through Inspection/Familiarization d. Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of tite improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will lite close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home,copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon llte express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request farms,and tite procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. I lowever, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS 116MEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES )IAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCIIASE WITHIN TIIREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract#_��iS 4��i Lot#zz _ BUYER:'* L/ DATE: BUYER: wl queen DATE: L/—/D BUYER: DATE: 7 Please sign and return one copy to The Avondale Corporation and retain one copy for your nle. 3129E 'Homebuyer Awareness and . Information Statement Walk-through Inspectlon/Famillarization After your loan documents have been signed and your [alai down payment is in escrow, you will be given a walk-through inspection to fuoiliarize you will,all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointmet,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any iteun noted in the walk-through. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms will] which you may request warranty repairs. Close of Escrow, Release of Keys Upon tile close of escrow,your keys and gale access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to ]ionic construction are not covered under the terms of[his warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on all appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of[lie Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during[he star[up period. ACCURACY OF INFORMATION The above information has been provided in order to funiliarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. 7 he Avondale Corporation may elect from time to lime update,change or amend this statement. You are encouraged to verify like information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of lime,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of dunage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE 7'0 THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TE1151INATE THE CONTRACT TO PURCHASE WITIIIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract H cE^ L d.2 — Z Lot rBUYER ✓/.Ctula ' 7l r _G /[t lo. DATE: �It/te BUYER: DATE: BUYER: DATE: 7 Please sign sod return one copy to The Avondale Corporation and retain one copy for your file. igime uyer Awareness and O emal[on Statement r.. PV.2.t 61 Walk-through Inspection/Familiarization After your loon docuuncnls have been signed and your total down payment is in escrow, you will be given a walk•Ihrough inspection to fmmiliarize you will' all of file operating aspects of your new flume mid to note any discrepancies which require correction. Your Merano Sales Consullma will schedule[his walk•nuoogh appoinlnicnt,and the walk-through will he conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies 10 be corrected which will be noted on file form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any itcnn noted in the walk-Through. Ira corrective measure must be taken after the close of escrow,such work will be undertaken oil an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warrmilics for appliances installed in your house, copies of the Association docuniolls including CC&R's, financial reports and budgets, a emnstruclion warranty and (orals with which you may request warm ty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your hone,they will automatically make useless the cunlraclor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Llmltalions of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursumn to and upon the express terms of a separate written warmn[y which will be provided to you. '['his warranty does not cover defects caused by a lack of normal maintenance by (he homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under [he terms of This warranty. This warranty is given to you in place of and in lieu of all other warranties or guaranties,wrillen or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information bookie(which will be provided(o you will contain phone numbers, warranty request forms, and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on all appoinlmeil basis by the applicable subcontractor. Ali adult must be present in order to grant entry to the hume. Construction Traffic You may experience some conslruclion related traffic and activity for fulure phases of development after the close of escrow. This may result in conslruclion detours mid possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of file Association which will be held near the project. 'the Avondale Corporation encourages Your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with(Ire Mcrarno development. The Avondale Corporation believes Thal the information herein is accurate. I lowever, in the accumulation and presentation of(his information,The Avondale Corporation has relied upon information provided by third parties, including ccrimo experts aid professionals. Ilie Avondale Corporation may elect from time to time update,change or amend Ibis statement. You arc encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,'I'he Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) T'11E UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract#_Z7��.� Lot#� BUYER,Z/ � DATE: BUYER: DATE: BUYER: DATE: Plrsee ilia and Warn anti ran,c-Th. 4,,.,,.1,1. 0.. . . . nebuyer Awareness and r � .formation Statement Walk-through Inspection/Familiarization / After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you will,all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales / Consultant will schedule this walk-Through appointment,and the walk-Through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks oryour home,they will automatically make useless die contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuat to and upon the express terms o!a separale written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal noinfenmcee by the homeowner. Minor expansion, contraction and sapling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the hence. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in k construction detours mid possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near[lie project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the adminislrafion of the Association during file start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merao development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained Herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to file passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result orsuch inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# .Z77��—/� Lot# & BUYER: DATE: BUYER: DATE:-- BUYER: DATE: 7 Uomebuyer Awareness and I Information Statement pp i o�(0(0 .6 txa, ' Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terns of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the- homeowner. Minor expansion,contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request fortes,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. . Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held new the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# Lot# BUYER: DATE: BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and regal one copy for your flit. d12191 .iomebuyer Awareness and Information Statement 1.� Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and (o note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-(hrough appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating)-mu acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken spier the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to-you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terns of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except(hose given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by(he applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development aBer the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in(he Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED IIAS RECEIVED AND READ THIS 110MEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITII THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (J) DAYS AFTER RECEIVING THISSTATEMENT. Tract t! Lot ti BUYE /Lug l�lam' e y ny�' DATE: / BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your rite. N77i9J ihebuyer Awareness Rod / y'7y t rnfortnatlo,r Statement / Walk-through ills peclion/Famillarizalion Aflcr your luan docualcals hove beta signed and your 1"1a1 down payment is i,, escrow, you will be give,, acaulk-lhruugh inspcaiuu to faniliaizc you will, all of[lie operating aspccls of your new home and to mole any discrepancies which require a waion. ou it Memuu Sales Consultant will schedule this walk-lhruugh appuiunulc"t,and file walk-through will 6e conducted by n conslitle Cu cclioll.rclocsC Your You will be asked to sign a form indicating your accepteuce of the lot, the honor and all of the improvements,except for any discrepancies to be currccted which will be noted oil the ratio. Any discrepancies noted will be corrected as soon as is practical, but in,,o eve"'will the close of escrow be conditioned upon or delayed by the correction orally ilcu, noted in the walk-lhruugh. If a carredive nnclsure ve"sl be akcu oiler the close be escrow,such work will be undertaken of ou an appaimlacml basis by the applicable subcontractor. Homeowner information Booklet You will rcccivc a homeowner infonualion booklet which includes uanufacturcr's warranties for appliances installed in your humc, topics of the Association docuocnts including CC&It's, financial reports and budgets, a canslruelion warranty and forms with whicl, you n,ay rcyuesl warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will be given lu you by your Merruo Sales Consultanl. 1Vhan you insert your keys iulu the locks of your bums,tley will m,tou make ake useless the contractor's master key,thus climinaling our access tell your hn,,le. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corpornliuu warrants your lout against dcfccls in original material and wo,kunanship pursuant to and"pull the express Icruns of a separate %%title[) warranty which will be provided to you. This warranty does not cover derecls caused by a lack of normal naintcnance by the bomcow'ncr• Minor expansion, contraction and settling cracks normal to houne construction arc not covered under the terms of lhis warrally. This warranty is givcll to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to llleir owe Icons. Warranty Request 111c homeowner's information booklet which will be provided to you will coulain phouc numbers, warranty request for,lns, and the procedure to follow in order to assure(lie best service m YOU. h,most instances,warranty repairs will be made as son its is practical un an appuilnmemf blsis by the applicable subcontractor. An,adult must be present in order to grant catty to the humc. Construction Traffic You nay experience some construction related traffic and activity for future phases of develupmenl offer the close urescrow. 'Ibis"ay result in construction detours and possible inconvenience whirl,should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be field near the project. 'file Avondale Corporation a,courages your participation in ll,c Association and will assist file homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION Tile above i,,fornation has been provided in order to familiarize you with[lie Mcra,nm devclapn,cnt. The Avondale Corporation believes lhaf lbc infonualion bercio is accurate. Iluwever, in the accumulation and presentation or this infonualion,The Avuudale Curporatiuu Ills relied upon information provided by third patties, including certain experts and professionals. 'fhc Avondale Corporation may elect from linnc to lime update,change or aurcnd this sfalcole"L You arc encouraged to verify,the information comtaiucd hcrcin front ollner indepcudenl sources. Buycr hereby acknuwlcdges dal if llne information contained hcrcin is in any way inaccurate or if,due to the passage of lilac, becomes imnccurnle,'I be Avondale Curporaliou will not be held liable fur any damage,or claim of damage,fro,,,Buyer as a result of suell inaccuracy, ACKNOWLEDGMENT BY BUYER TIIE UNDERSIGNED IIEREBYACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ TIIIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt 1VAIUtANTIES HAVE BEEN MADE TO TIIE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT 1v1'fll THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRAC-r 1.0 PURCHASE WTTIIIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract q7�'d' Lot N CO BUYER DATE: BUYER: DATE: BUYER: DATE: ,Icbu)rr Awareness sud �} .armxfloal Sl■Irlaarnlclle— / 4 AY r1f,c��� •��,. A Walk-throughJnspecllon/FamIliarizalion AIIer your Juan documents have been signed and your total down payuleul is in escrow, cunsfamiliafizc will will,all Il the uperuting nspccts of your I'M home and 10 I1Ule auy disercp:ulcics which rcqufrc cu, walk-1 ouur Aicrmu Sales Cunsultanl will schedule Ihis walk-Ihrou� You will Lc given n walk-Ihrough inspection to asked to sign a loon inJicming your occcplarce or tile lot, [Ile huttnc Mid rall gof Ilia ,b ul rovcmc urlsby 0 co sir chill cpIcsIIUY ncfcsve. coc sw be ord which will be soled d the form, Ally Jfscrcpa r all noted will be corrected as soon as is practical, but ill no CVCIII will the close of escrow be cundilioncJ upon or delayed by the wrreclion orally item noted f l the walk-Ihrougll. Ira corrective measure"lost Lc lakes alter the close of cscruw,such work will be mldermken un all nppuinhncttl basis by the applicable subcontractor. Homeowner Information Booklet You will receive a Ilonmoss'ttc fnfunualfon booklet which includes nmnufnclurer's warranties for appliances iuslalleJ ill your hmuc, copies of the Assocfalfun documents including uding CC�tat's, livancial reports and budgets, a cuostruclfun warrallly and furors with which you may request wanantw repairs. Close of Escrow, Release of Keys le e of s and l, access curd ll ill o tile luckssurtour humc, ,Icy w ll mduuauli illy umkc useless ti be le to YOU nosier key,Ihis ales consulialing our access lu your houle, Y y your Mcrnuo sales Consuhnul. When you iuscrl your keys I AFTER CLOSE OF ESCROW Warranty and Limitations of Liability 'fhc Avondale Curpuraliun w'rrnnls your humc against defects in original wolcrial and wotkmauship pursuant to nnJ upon the express Icruls ore separate w'rfurn warranty witch will be provided lu you. 'Phis warranty dues nut cover defects caused by a lack of nunu:d maiulcnancc by the I his wa hill Minor ji toyou it, cull 'is and settling cracks normal Ill humc construction ore nut covered a l ck of the Icons all Ihis svarry .Ile e his warranty is ,]by to you in place of and in lieu of all other werraulics or guarantees, written or oral,whclhcr expressed or fugdicd,save and except those givrn by others whfcll shall be in force according to their own Icons. Warranty Request The homeowner's informtileation booklet which will be provided to you will contain phone numbers, wurmuiy request furors,mid the procedure lu by ill liJR a 165are rac best$erVICC IU you. III Illasl IIISIaliccs,warranty repairs WIII bC IIIaJC PS SUall a5 IS IlraClll'al tall all appuhiunenl basis by the applicable suhcontractur. An'dull nwst be present f l order to grout'dry lu the hung, Construction Traffic IcIlcc You may cxpe tours sotto construcliou rclaled Irarrtc and activity for fuhlre pines of devclupnlenl after the close of escrow. conslrucliou detours and possible inconvcnlence which should be Iculpurary in nahne. 'Phis ulny result in Meetings of Homeowners Association You will receive uulificatiun of rcgular mcclings of the Association which will be held ucar the project. The Avondale Curpuraliun cucouragcs your pan n ficipalio l the Assocfalfun and will assist the homeowners whil the aduliuistraliott of the Association during the sl:ul up period. ACCURACY OF INFORMATION ''Ile above information has been provided in order to raluflfmfze you with the Mcrallu devctopulcnl. The Avondale Corporation believes tlmt tee fnfunnaliun herein is accurate. llusvevcr, in the accuuolation and presentation of Ihis infunualfon,"fhc Avondale Corporation Inn relied upon infunnalion provided by third p;ulics, including certain experts and professionals. The Avondale Curpuraliun clay elect from Iium to lime update,change or ascend this le information L You ore cicd ficgcd to verify the fnfunualfon conlnincJ Lcrcin from olLcr inJcpnldalrl smmccs. Royer heron le Curplcdges Ibnl if the a licid Baal cor ally d hereon o in ally way illuccurole ur fr,due 1u'Ile passage of little, beanies ivaccuralc,'lhe Avondale Cuglolntfon will not beheld liable for any Jaumgc,of ally ordanlage,from Uuycr as a result o(such Gloccuracy, ACKNOWLEDGMENT BY BUYER 1'IIE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYEItS AWARENESS AND INFOtiRtATION STATEMENT; (B) NO REPRESENTATIONS Olt WAIUtANTIES HAVE BEEN MADE TO TIIE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITI1""IS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT 7'O RECEIVING THIS STATEMENT. PURCIIASE WITHIN TIIItEE (3) DAYS AF-I-Elt R1 Traci q Lot N _ BUYER: 14C DATE: / -BUYER: a�i llATE: BUYER: DATE: :ness ands, .cement ,ough Inspectlonfeamlllarizalion your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to aliarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Marano Sales ,:onsullanl will schedule this walk-Through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on (he form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by(he correction of any item noted in the walk-Through. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet I You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms Willi which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. l AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to mid upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal Io home construction are not covered under Ilse terms of this warranty. This warranty is given to you in place of and in lieu of all other warrarrlies or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to Their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowner*Association You will receive notification of regular meetings of the Association which will be held near line project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you wills the Marano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from lime to lime update,change or amend this statement. You are encouraged to verify lire infomration contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to[lie passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED RAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N Q2�—� LOIN BUYER: DATE: C— BUYER: DATE: BUYER: DATE: 7 Please drn and rHarn nne rnpv In The Avnndrle r•nrnnrolinn rnd rel sin nee rnnv rnr vnnr file �ni�r Anxrcrias xuJ ^� ' Tian Slalancnt Walk-through Inspection/Famlllarizatlon Aller your loan ducunncals have been signed and your total down payment is in escrow, you will be given nwalk-Ihruug inspcctiun i familiarize you with all of the operating ngrects of your new hom e and to Hole any discrepancies which require h correction. Your Meranu Sob Cunsultanl will schedule this walk-through nppointmcol,and (he walk-through will be conducicd by a construction representative.ction. ourcla will b asked to sign a form indicating your acceptance ur line 101, the holne and all of the innprovenen(s,except for any discrepancies to be correcic which will be noted on the furor. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow b escrow, nedsuch upon or ill layedbe undertaken er ak correction of any item noted in the walk as If n corrective measure must be taken slier the close o cscruw,sudn work will be undertaken on an appoin(nlcnl basis by the applicable subcontractor. t' Homeowner Information Booklet You will receive a hunneon•ner infunnn[ion booklet which includes alnnufaclurer's warran(ies for appliances installed ill your]ionic, copies u the Association docunnen(s including CC<'s, financial reports and budgets, a construction warranty and funus will, which you army reyucs ../j warranty repairs. J. Close of Escrow, Release of Keys Upon the close or escrow, your keys and gate access card will be given 1u you by your Merano Sales Consultant. into the locks of your Ironic,they will aomnalic:dly make useless the contractor's master key,thus elimin When you insert your key: eliminating our access to your bonne. s AFTER CLOSE OF ESCROW Warranty and Limitations of Llablllty 3 The Avondale Corporation warralts your hunk against defects in original malcrial and workmanship pursuant to and upuu the express Icnns ore separate wriucu warranty which will be provided to you. This warranty dues Out cover defects caused by a lack of nonual nlainleuance by the homeowner. Minor expansion, conlructiun and settling cracks normal to bunte construction are not covered under the tenus of this warratuy. This warranty is given to you ill place of and in lieu of ail other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others whicil shall be in force according to their own Icnns. Warranty Request The honncowncr's information booklet which will be provided to you will conlain phone mmtbcrs, warranty request forms, and [lie procedure to follow in order to assure the best service lu yuu, Ill must ins(ances,warranty repairs will be made us soon as is praelical on an appuinhocnt h;csis by the applicable subcontractor. An adult must be present in order to grant entry to the home, Construction TraffIc You may experience some construction related traffic and activity for future phases of devclopnnenl alter the close of cscruw. ICI construction detours and possible inconvenience which should be lengnorary in nature. 'this may result in Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Curporaliun encourages your participation in(he Association and will assist the hancuwners with the administration of the Association during(he slat(up period. ACCURACY OF INFORMATION The above information has been provided in order to fauliliarize you with the Merano dcvclopmcnl. Tile Avondale Corporation believes(hat lic infunnatimn hcrcin is accurnte. I luwever, in tile accumulation and presenlatiun of this infurnalion, The Avondale Corporation has relied upuu infururaion provided by Third pagics, including certain experts and professionals. The Avondale Corporation may elect frunn lime lu linnc update,change or amend[his slo(cnmut. You are encouraged to verify the information contained hcrcin fruit)other independent sources. Iluycr hereby acknowledges that if the information containcd herein is in any way inaccurate or if,duc 10[Inc passage of lime, becomes inaccuraic,'Ilie Avondale Curporaliun will Hal be held liable for any damage,or claim of damage,(runt Buyer as a result of such inaccuracy, ACKNOWLEDGMENT BY BUYER 771E UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS 110MEDUYERS AWARENESS AND INFORMATION STATEhI ENT; (B) NO REPRESENTATIONS Olt WAIU(ANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY 1'All7'Y THAT AIIE INCONSISTENT 1VITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT 7'0 PURCHASE WITHIN THREE (J) DAYS AFTER RECEIVING THIS STATEMENT. Tract fl Loll!_ y 3 BUYER: DATE: -1 4 p I7 BUYER: DATE: BUYER: DATE: 'Nmnebuyer Aarnreness and -� Information Statement j Walk-through Inspection/Familiarization After your loan documents have bccn sigucd and your total down payment is in cscruw, you will be given it walk-llnuugh inspection to familiarize you with all of the operaling aspces of your new home tad to little any discrepancies which require currcetiva. Your Aletanu Snlcs Cunsullnut will schedule this walk-through appoiutoctd,and the walk-through will be conducted by n comslmction rcluesenlntive. You will be asked to sign a rural indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be curedcd wbich will be noted of [he rural. Any discrepancies noted will be corrected as soon as is practical, but im mo even) will the close of escrow be conditioned upon or delayed by lite correction of any item noted in the walk-through. If a corrective nncasute must be taken alter the close of cscruw,Smell' work will be ordcrtnkun oil an appuinlaneal basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances ins[nlled in your hone, copies of the Association documents including CC&It's, linaucial reports and budgets, a construction wartody and foams with which you may request warranty repairs. Close of Escrow, Release of Keys ,Upon the close of cscruw, your keys and gate access card will be givcn to you by your Merao Sales Consultnol. Whcu you inscrl your keys auto lite lucks of your home,they will automatically make useless lire coutraclor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability Tbc Avondale Corporation warrants you Imnhe against defects in original material and wokalauship pursuant to and upon lite express terms urn Scituate wlilicn warranty which will be provided to you. 'this warranty dues nut cover defects caused by a lack of monad umiotcanmce by the homeowner. Minor expansion, contraction and settling cracks normal to lame construction are not covered under lite terms of this warranty. I his w•arrauly is given [o you in place of and in lieu of all other warranties or guarantees,written or uml,whelher expressed or implied,save and except[]lose given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty requcsl forms,and[he procedure to follow in order to assure lite best service to you. In most ins[nmces,warmly repairs will be made as soon as is practical un m,appoiuuncal basis by the applicable subcuntracwr. An adult must be present in order to grnul entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development alter file close of cscruw. 'this mhay result in construction detours and possible inconvenience which should be Iempurary in nature. Meetings of Homeowners Association You will receive nolifhcalion of regular meetings of the Association which will be held near the project. The Avondale Corporation ehcuurages your paticipation in the Association and will assist lite homeowners with file administration of the Association during the start up periud. ACCURACY OF INFORMATION The above information has been provided in order to familiaize you will'the Merano devclopocnl. The Avondale Corpus tiuu believes that lite infummlion herein is accurate. I luwever, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third pa[ics, including certaiu experts and professionals. The Avondale Corporation may elect fruit, linne to lime update,change or amend this s[alenncol. You are encouraged to verify the informoliou eonloincd herein from other indcpendun[sources. Iluycr Irucby acknowledges that if the information con[aiued licrein is in nay way inaccurate or if,due it,lite passage of lime,beconies innccurnle,'I he Avondale Corporation will nut be held liable fur any damage,or claim of damage,from Buyer its a result orsuch innccumcy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEDUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO ItEPRESENTATIONS Oil \VAIUtANTIES HAVE BEEN MADE 1.0 THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT Nurn THIS S'rATEhIENT; AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE 1Vi-rinN THREE (3) DAPS AFFEI- RECEIVIINNG(/THI7S STATEMENT. Traci is / fX�C — Lot ff 7o< UUYEK: DATE: BUYER: ref/ DATE: .� BUYER: DATE: 7 • .ebuyer Awareness and ' rormalion Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-Through appointment,and the walk-Through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, topics of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms, and the procedure To follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near lice project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Mcrano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of Time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY TIIAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract 1142 U—J I,_ 1 Lot it C? l T d- �Crj k r1ca J / -2 BUYER _ S`!.Z, , ,_� 'G ;.,�vu � —t—I -)�TE: BUYER: DATE: BUYER: DATE: 7 Please sign nod return onr rapt'To'fhr Avond'dr Coll....nn.... rm1, 1 a ,omebuyerAwareness and Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral;whether expressed or implied,save and except those given by others which shall be in force according to their own temrs. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon m is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to lime update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of lime, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract#= Lot# , BUYER:— 1 1'�.t �^ rat _ DATE: C BUYER: X � Y f�V DATE:✓/ /�� a BUYER: 4 ' DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one rnnv For vnor rile. Homebuyer Awareness and Information Statement j Walk-through Inspection/Familiarization ABer your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitatlons of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of We Association which will be held new the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. (� Tract q of76 Sell — Lot# d BUYER -- , ,�'� I c DATE: 1' BUYER: DATE: BUYER: DATE: 6 �io 7 . .oyrr Awsrenus stud • .nhxllAii Slxlernenf �Sa �,(n.,,�Q.ry�9ltl:.��� Walk-through Inspection/Famlllarizatlon Alter your loan docunheuls Lave been signed and your total down paymenl is ill escrow, you will be givrn A wulk•Ihrough iuspccliun lu familiarize you Willi all of the uperading aspects of your new home and to note Any discrcpancics which a gire c it wafuu. Your Luspccl iclallo Sales Cousullanl will schedule this walk-Ibruugh nppuintment,mid the walk•Ihrmhgh will Le conducted by o construction represen[nlive. You will be / asked to sign a form iudicaling your occeplance of the lot, the hone mid all of the imgnovemnl[s,except for any discrepancies to be corrected Which will be noted on lire form. Any discrcpancics acted will be corrected as soon as is practical, but ill no evcril will the close of escrow be conditioned upon or delayed by the correction of Any ilea muled in the walk-Ilmuugll. If a corrective measure must be taken alter the close of escrow,such work will be undertaken oil all nppoinrncnl basis by the applicable subcontractor. Homeowner hiformatlon Booklet You will receive a homeowner information bookie[ which includes manufacturer's warranties for appliances inslullcd in your houic. copies of the Association docoucats including CC&It's, linnucial reports and budgets, a cons wananly repairs. trueliuu warranty an a d foams with which you may request Close of Escrow, Release of Keys Upon lite close of escrow, your keys cud gow access curd will be givenn to you by your Meranu Sales Cohsultoul. When you fuscrl your keys into the locks of your(tome,they will nulunlutically muke useless the cunlrac[or's master key,Ilms eliminating our access to you bnnin. AFTER CLOSE OF ESCROW Warranty and Limitations or Liability The Avondale Corporation warrnals your hunic Against defccls in original material And wonkoamship pursuaul to had upon lite express Icnus of a separate wrillen warranly which will be provided to you. This warranty does riot cover defects caused by a lack of nurnnal i ainlemance by lite honncowncr. Minor cxpamsiom,contraction and settling cracks normal to home construction Bic not covered under [he Icruls of this warra iy. This warrannly is givcn to you ill place of and in lieu of all other warraritics or guarnrilces,written or oral,whclhcr expressed or iulplicd,save and except those given by others which shall be in force accurdimg to their own lams. Warranty Request The homeowner's infonnaliol Looklc[which will be provided to you will comaim phone numbers, warranly request forms,And the procedure to fulluw in order to Assure the best service to you. In must)nstorices,Warranty repairs will be made as soon as is practical um all appuiWulenl Lads by lite applicable subcontractor. An adult moist be preseW ill order to grant entry to the homde, Construction Traffic You may experience some construction related traffic and activity for future plhases of dcvclopmcnl after the close of escrow. 'rhis may result in conshuclion detours and possible incuaveniemee which sbould be Iempurary in nalure. Meetings of Homeowners Association You will receive uulificalion of regular meclhhgs of the Associallou which will be held ncur the project. The Avondale Curpuraliun encourages your panicipatlou in the Association and will Assist the honncowners Willi the administration of the Association during the star[up period. ACCURACY OF INFORMATION The Above information has been provided in order to familiarize you Willi the Merauo dcvclopmcnl. The Avondale Corporation believes dial the hdomuatiun therein is accurate. However. in tine Accumulation And presculaliun of this infuruadiun,The Avondale Corporation has relied upon information provided by third panics, including ccrlatn cxper[s slid prufcssiomals. Tbc Avondale Corporation may elect from little to lime update,change or anncud lilis slatemcat. You are encouraged to verify,the imrunnalion cou[ained herein frum other indcpcndemt sources. Iluycr hereby acknowledges Ilmt if lite iufonuation conlaincd herein is in Ally way inaccurate or if,due to he passage of lime.Leconhes inaccurn[c,'Ilie Avondale Curporutiom will out be held liable for any dannge,or claim of damage,from Buyer as a result orsuch inaccuracy, ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFOIl111ATION STATEMENT; (0) NO REVRESENTATIONS Oil WAIUtANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT NYrrll THIS sTATEhIENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT 7.0 PURCHASE wiTHIN THREE (3) DAYS AFFEII RECEIVING pTHIS STATEMENT. v Traci Lot/l / t BUYER:--�`�LL 1` DAI -77 'E: BUYER: DATE: BUYER: DATE: 9 /wkcd iom$filament � //roughInspectlonfFamlllarizaBon r loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to e you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merino Sales t will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be sign a form indicating your acceptance of the lot, the home and ell of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merino Sales Consultant When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request fors,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages j your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merino development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon 'I information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time i update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED IIAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. / Tract N_ Lot fl t0 9 BUYER: yet DATE: BUYE DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your Ole. aQL9J riomebuyer Awareness and cA1* -4-� Information Statement r, Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant Will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner infomralion booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home, they will automatically make useless the contractor's master key,liras eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terns of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties orguarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the star up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. llowever, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third panics, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate, The Avondale Corporation will not be held liable for any damage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN TIIREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N O vZ Lot#__,�T BUYER: DATE: q�I �! ` q,6 BUYER: DATE: BUYER: DATE: 7 Please sign and return one copy to The Avondale Corporation and retain one copy for your rile. J/7J/96 Ifomebuyer Awareness and Information Statement 0 Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Memo Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION I he above information has been provided in order to familiarize you Willi the Marano development. The Avondale Corporation believes that the information herein is accurate. however, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract BUYER: '7�tMl DATE: ( a 7 BUYER: /2 _ �G DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondele Cnranrainn.nd rrt.in nne rnn,.ram. m. ...- .- .(erAn'arcuess and �— r ./dlynStatement Walk-through Inspection/Famlllarizallon After your loan documents have been signed and your total down payment is in escrow, you will be given n walk-trrough inspection to familiarize you with nil of the operating aspects of your new Lome and to note any discrepancies which require correction. Your Marano Sales Consultant will schedule this walk-Ihrough nppoinhnenl, and the walk-through will be cuuducled by a construction representative. You will be asked to sign a font indicating your acceptance of the lot, [lie home and all of[lie improvements, except fur any discrepancies to be corrected which will be noted on the form. Any discrepancies ruled will be corrccled as soon as is pmdical, but in no event will die close of escrow be conditioned upon or delayed by the correction of any ilcnr noted ill the walk-Ihrough. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on rot nppoinunent basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warrmtlics for appliances installed In your home, copies of the Association documents including CC&It's, financial reports and budgets, n construction warranty and furors with which you cony request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your honor,they will aulouratically make useless the contractor's master key,thus eliminating our access to your hone. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your homc against defects in original material and workmanship pursuant to and upon tine express terms of a. separate written wananty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and sellling cracks nonnal to hone cuuslruclion arc not covered under (lie leans of this wananty. This warranty is given to you in place of nod ill lieu of all other warranties or gunrrudecs,wrincn or oral,whether expressed or implied,save mid except those given by others which shall be in force according to their own Iernls. Warranty Request The homeowner's inforrmilion booklet which will be provided to you will contain phone numbers, warranty request forms,and die procedure to follow in order to assure the best service to you. In nmsl instances,warranty repairs will be utade as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the[ionic. Construction Traffic You may experience sonne construction related traffic and activity for future phases of dcvclopmcnl after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive nolifiealion of regular mcelings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association mid will assist the homeowners with the admiuislratiou of[lie Association during the start tip period. ACCURACY OF INFORMATION The above Information has been provided in order to farniliarize you will]the Merlotti development. Tile Avondale Corporation believes that tine information herein is accurate. Ilowever, in the accumulation and presentation of this information,The Avondale Corporation has relied upon infomtalion provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from lime to time update,change or arucnd this stataucul. You arc encouraged tr verify the infonnalion contained herein front other independent sources. Buyer hereby acknowledges that if the infommtion contained herein is in any way inaccurate or if,due to the passage of little, becomes inaccurate,The Avondale Corporation will not be held liable fur any dmnage,or claim of dmnage, front Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYE►tS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS i TreclN d /dc�'o� LOIN � BUYER: fCL BUYER: DATE: BUYER: DATE: 6 ..,*Awareness and 9nStatement ..i µ. through Inspection/Famllladzallon r.er your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to imiliarize you with all of the operating aspects of your new]ionic and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,mid the walk-through will be conducted by a construction representative. You will be asked to sign a form indicnting your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be notc&on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-thruugh. If a corrective measure must be taken after the close of J• escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies'of the Association documents including CC&R's, financial reports mid budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a. separate written warrauy which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expulsion, contraction mid settling cracks normal to home construction arc not covered under the leans of this warranty. This warranty is given to you in place of and in lieu or all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their, own terms. Warranty Request The homeowner's Information booklet which will be provided to you will contain phone numbers,wi rmily request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on all appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the honne. Construction Traffic You may experience some construction related ualic and activity for future phases of development after die close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of(lit Association which will be held near the project. The Avondale Corporation encourages your participation in the Association mid will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with lire Merum development. The Avondale Corporation believes that the information herein is accurate. Ilowever, in the accumulation mid presentation of this information,The Avondale Corporation has relied upon information provided by third panics, including certain experts and professionals. The Avondale Corporation may elect front lime to time update,change or ancnd(his statement. You arc encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to(he passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of danege, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED IMF-RFI1Y ACICNOWI,RDGIiS: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE 1NCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# BUYER: y ! DATE: Z-2 S BUYER: DATE: BUYER: DATE: 6 Homebuyer Awareness and In Wrinittion Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merarm Sales Consultant will schedule this walk-through appointment, and the walk-Through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of The lot. die home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by(he applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information bookie( which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warramy repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home, they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will he provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, con(rcliun and settling cracks normal to home construction are not covered under the terms of this warranty. this warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral, whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will he provided to you will contain phone numbers, warranty request fors,and the procedure to follow in order to assure The best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grarri entry to the home. Construction Traffic You may experience some construction related Traffic and activity for future phases of development after the close of escrow. this may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held new the project. The Avondale Corporation encourages your participation in the Association and will assist The homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT; AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N Lot.N BUYER: m � DATE: BUYER: DATE: BUYER: DATE: fi Please sign and return one copy to The Avondale Corpora lion and retain one copy for your rile. 6177NI !uyerAwarenessand J F �•" :181Z Statement lk-through Inspection/Famlllarization jfAer your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to ,'amiliarize you with all of die operating aspects of your new home and (o note any discrepancies which require correction. Your Marano Sales Consultant will schedule this walk-though appointment, and the walk-through will be conducted by a construction representative. You will be ;.r asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected r; which will be noted on the form. Any discrepancies noted will be correc(cd soon is practical, but event will die close of escrow be conditioned upon or delayed by (he correction of any item noted in (he walk-through. If a corrective measure must be taken attar the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forts with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,(hey will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant(o and upon the express terms ofa.separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner: Minor expansion, contraction and scllling cracks normal to home construction arc not covered under file terms of this warranty. This warranty is given(o you in place of and in lieu of all other warranties or guarantees,written or oral, whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms, and the procedure(o follow in order to assure the best service to you. In most instances, warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order(o grant entry to file boric. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of(he Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Marano development. The Avondale Corporation believes that the information herein is accurate. I lowcvcr, in the accumulation and presentation of this infuriation, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect front lime to time update,change or amcnd this statement. You we encouraged to verify the information contained herein front other independent sources. Buyer hereby acknowledges drat if(he information containcd herein is in any way inaccurate or if,due to(he passage of little, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN TIIREE (J) DAYS AFTER RECEIVING THISSTATEMENT. Tract Lot q 5,r _ BUYER: � DATE: /O DUYERJ�'� DATE: BUYER: DATE: 6 PIrPo dvr Prot whirr rnr.,,n,,m.rrr. ,... .., ,. ,• . . Nomebuyer Awareness and Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merino Sales Consultant will schedule this walk-through appointment,end the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Inforinallon Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Merino Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merino development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ TfIIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES IIAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY TIL1T ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# Lot# BUYER: 0 DATE: / f BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporatfoo and retain one copy for your file. NIL9l Ilomebuyer Awareness and "� s "} Information Statement Walk-through Inspection/Famlllarization Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a. separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terns of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees, written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist lice homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. Tile Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED IIAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE W►TIfIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract#a7���/ Lot#` — BUYER: ( /j/� DATE: ;7 '7 6 BUYER: DATE: BUYER: DATE: 6 Please sign sod return one copy to The Avondale Corporation and retain one copy for your file. ,trr,wr Y7 omebuyer Awareness and nformation Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Memo Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lo4 the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation wanunts your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Menton development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED ][AS RECEIVED AND READ TIIIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITII THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN TIIREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N �� S ` c� Lot N 3 // n r q C� BUYER: /,z DATE: PeqV iLt ( > BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your file. N1TNt ebuyer A wit renew and 7 ? .rormallon Statement c. e / ' Walk-through Inspection/Fam Ilia rizalion Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your MeranD Sales Consultant will schedule this walk-through appointment, and(he walk-tbrough will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, [lie home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner informalion bookicl which includes manufaclurer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms wide which you may request warraruy repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your hone,they will nulomatically make useless(he contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal ttminicnance by Iltc homeowner. Minor expansion, contraction and sellling cracks normal to home construction are not covered under the terms of this warranty.This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request fors,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist(he homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information lies been provided in order to familiarize you with the Mcrano development. The Avondale Corporation believes that the information herein is accurate. Ilowever, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. 7 he Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged(o verify [lie infomralion contained herein front other independent sources. Buyer hereby acknowledges that if the infonna(ion contained herein is in any way inaccurate or if,due to Ille passage of line, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER TOE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEDUYERS AWARENESS AND INFORMATION STATEMENT; (D) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract It_ Lot N Z,�T_ BUYER: CLc �C�w i/J� f ✓ DATE: BUYER: DATE: BUYER: DATE: 7 Please sign and return one cnpy to The Avondale Corporation and retain one ropy for ynnr file. rrrt9rt and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a. separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction arc not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You arc encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N Ss�li —` Lot N 3 BUYER:--�P-� "+--��6 V,I'm/u."L DATE: BUYER: C-C'' /I DATE: BUYER: DATE: 6 Please dgn and return one copy to The Avondale Corporation and retain one copy for your rile. 591NS /yer Awareness and °•" motion Statement Walk-through Inspection/Famlllarization Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be canceled as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a. separate written warranty which will be provided to you. This warra ly does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terns. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms, and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development alter file close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Associatlon You will receive notification of regular meetings of the Association which will be held near the project. Tile Avondale Corporation encourages your participation in the Association and will assist lire homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time 10 time update,change or amend this statement. You are encouraged to verify file information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any danage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract k Z2 Lot t/ o BUYER: DATE BUYER: 2d17 7 DATE: BUYER: DATE: 6 Neste sign and return one copy to The Avondale Corporation and retain one copy for your file. N77i91 ❑omebuyer Awareness and ,( p Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your hlerano Sales Consuhanl will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be connected which will be noted on the form. Any discrepancies noted will he corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any itein noted in the walk-Through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports acid budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. phis warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minur expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. 'Phis warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by ushers which shall be in force according to their own terns. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms,and the procedure to follow in order to assure the best service to you. ]it most instances, warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult"'list be present in order to grant entry to the Imme. Construction Traffic You may experience some construction related traffic and activity for future phases of development alter the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held new the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) TIIE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY TIIAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# 7Tl�—7 Lot# Z7 BUYER: / DATE: / /i /, I BUYER: . ! l i DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your rile. 6112191 C � I lome,buyer Awareness and 'Information Statement / A Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require conectiun. YUnr Merano Sales Consultant will schedule this walk-through appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the hot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will he corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-Ihruugh. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC,@It's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion. contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral, whether expressed or im except those given by others which shall he in force according to their own terms. plied,save and Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms, and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development alter the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held new the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes(hat the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# oLl QZ Lot#_ BUYER:___ ����� DATE: �-1 i BUYER'— \ DATE: BUYER: DATE: 6 yer Awareness and nation Statement jWalk-through Ins pectionlFam11larizatlon After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Marano Sales Consuilvrl will schedule this walk-t ruugh appointment, and the walk-through will be conducted by a construction representative. You will be asked to sign a forth Indicating your acceptance of the lat, the home and all of tlw improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of cscrow be conditioned upon or delayed by llte correction of any item noted in tine walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by die applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and fomns with which you may request warranty repairs. Close of Escrow, Rolease of Keys Upon the close of escrow, your keys and gale access card will he given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your hone. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express tees of a. separate written warranty which will be provided to you. This warranly does not cover defects caused by a lack of normal maintenance by llte homeowner. Minor expansion, contraction and willing cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request fours,and We procedure to follow in order to assure the best service to you. In most instances,warranly repairs will be made as soon as is practical oil an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic - You may experience some construction related traffic and activity for future phases of development alter the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist file homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Marano development. The Avondale Corporation believes that the information herein is accurate. however, in the accumulation and presentation of this infonnalion, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You arc encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of lime, becomes inaccurate,The Avondale Corporation will not be held liable for any danage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUVERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE 1.0 THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract LotN�� RUYER4 ��2) DATE: aam BUYER: DATE: BUYER: DATE: 6 PL....Inn.n.1..,..-n n..........b.Tv. ,.._..gin. r. . • .., r Awareness and .,allot Slalemerl Walk-through InspeclionlFamillarlzation Alter your loan Jueunrenls have been signed mW your total down payment is in escrow, you will be givcu awalk-Ihrm'gh inspecliun lu ' familiarize you will' all of the operating aspec(s oryour new home and to note arty Jiscrep'urcies which require conecliva. your hlermlu Sales Consultant will schedule(his walk-through appoiulnlcul, and II'c walk-through will be conducted by n construction representative. you will be asked to sign ( form indicating your acceptance of the b(, the homc and all of the improvements, except fur any discrepancies to be corrected which will be noted un the faun. Any discrepancies noted will be corrected as soon as is practical, but in no ever, will (he close of cscrow be conditioned 'pull or delayed by the correction orally item noted in the walk-through. If a corrective measure must be taken alter the close of cscrow,such work will be undertaker on on appoinl'ncnl basis by the applicable subconlraclor. Homeowner Information Booklet You will receive a homeowner information booklet which includes urnlufaclurer's warranlics for appliances installed in your trait, topics of the Association documents including CC&IYs, financial reports and budgets, a construction warruuly and fanus with which you may request warranty repairs. Close of Escrow, Release of Keys Upon II'c close of escrow,your keys art] gale access card will be give" to you by your Merino Sales Consultant. 1Vhen you iuscit your keys into the locks of your hunrc,d'ey will autunu'licnlly ur,'ke useless the contractor's taster key,Thus eliminating our access to your huure. AFTER CLOSE OF ESCROW Warranty and Limitations of Liabillty Tire Avondale Corporation warrants your hunrc against defects in Original material and workmanship pursuant to and upon llte express Icrnrs of a separate written warranty which will be provided to you. 'I his warranty does not cover defects caused by a hack of uoruml nlaiulenauce by (he Imuwou'ncr• Minor expansion, contraction and settling cracks normal to homc construction are tut covered under the Icrnrs of d'is warrauly. I his warratty is given(u you in place of and in lieu of all other warranties or guarantees,written or oral, whc(hcr expressed or implied,save slid except those given by others which shall be in force according to Ihcir own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain pholtc numbers, warranty request fauns,and the procedure to follow in order to assure the best service to you. In n'us, instances, r as soon as is practical oil air appuiulmert b:�sis by(lie applicable subcontractor. An adult mus(be present in order l warranty repairs will be mule u grant entry t the homc, Construction Traffic You may experience sunre construction related traffic and activity for future phases of development alter We close of escrow. 'Phis Inay result in Construction detours and possible inconvenience which should be Ielnpurary in nature. Meetings of Homeowners Association You will receive notification orregular mcelings of(he Association which will be held near the pnrjecl. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of Ilac Association during the soul up period. ACCURACY OF INFORMATION The above it has been provided in order to faluiliarize you will'the Mcranu develupurcnl. The Avondale Corporation believes Ihal the inforrtratiun hcrcin is accurate. I luwcver, in (he accumulation and presenlaiiun of this infonnalion, The Avondale Corporation has relied upon information provided by third patties, including curtain experts and professionals. 'the Avondale Corporation In;ry elect fron' lime to linic update,change or amend this slalenred. You arc encouraged to verify lite information contained hcrcin front other independenl sources. Buyer hereby acknowledges that if the information contained herein is in ally way inaccurate or if,Jut to the passage of lium, becomes ivaccura(c,',be Avondale Corporation will not be held liable for any danmge,or claim of dannge, front Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS Olt WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITIt TIIIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCl1ASL WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N VM� Lot ll�� BUYER: DATE: BUYER: — DATE: BUYER: DATE: 7 :Guyer Awareness and ,rormaliou Slalement ./ / Walk-through Inspection/Familiarization After your loan docunleuts have been signed and your total down payment is in escrow, you will be given a walk-Ihruugh inspection familiarize you %Vill,all or the Operating aspects of your new home and to note ugly discrepancies which require currection. Your Aleiauo Sa Consultant will schedule this walk-through appointntem,and ttte walk-through will be conducted by a construction representative. You will y, asked to sign a form indicating your acccpmncc Or Ilic lot, the hunnc told all of the ingxovcnncnls, except for any Jiscrcpaucics lu be currcci Which will be ruled on the loon, Any Jiscrcpaucics noted will be corrected as soon as is practical, but in ub event will the close ur escrow conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be lakat allcr the close escrow,such work will be undertaken un an nppoinlnncut basis by the applicable subcontractor. Homeowner Information Booklet You rvill receive a homeowner information booklet which includes mmtufnclurer's warranlics fur appliances inslullcd in your ,Dole, cupics the Association ducuntmtts including CCAICS, linuicial reports and budgets, a construction warrany repairs. n warranty and tunas with which you umy regw Close of Escrow, Release of Keys Upon the close of escrow, your keys slid gate access card will be given to you by your Merauo Sales Cunsullaul. When you insert your kc into the lucks of your hunne,they will unun ilicelly nuke useless the contractor's oasler key,thus cliulinaling our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations or Liability The Avondale Corporation worrauls your hunnc against defects in original material and wurkutanship pursued to and upon the express touts of separate written warranty which will be provided to you. 'this warranty does not cover defects caused by a lack of uunnal uuiulcuaace by n homeowner. Minor expansion, contraction and settling cracks normal to humc construction are nut covered under the terms of Ibis wall, This warranty is given to you in place of at and in lieu of all other warranlics or guarantees,wrillcm or oral,whclhcr expressed or implied,save ai except those given by others which shall be in force according to their own Icnus. Warranty Request The homeowner's information booklet which will be provided to you will contain phuue numbers,warranty request foruts,and the procedure I follow in order to assure the best service to you. In most instances,womanly repairs will be made as soon as is practical on rat appuiutnmul b:ru by the applicable subcontractor. An adult unat be present iD order to grout entry to the honnc. Construction Traffic You may experience some cotlsUuction related Iraffic and activity for future phases of devclopnwul after the close of escrow. 'Isis stay result i comslrucliou detours and possible incouvcnictce which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the proiccl. The Avondale Corporation ntcuuragc your prrticipatiou in the Association and will assist the hmncowners Willi the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided ill order to fauniliarizc you will,Ille Mcrano devcluputcul. The Avondale Corporation believes that ill. information herein is accurate. I luwevcr, in the accumulation and prescutation Of this infunuation,The Avondale Corporation has relied upu information provided by third patties, including certain experts and professionals. The Avondale Corporation may elect from limns lu tine update,change or anncad this statemeul. You arc encouraged to verify,the information coulaiued herein from other independent sources. Iluyc. hereby acknowledges Iiul if die iufonaalion contaiucd bcrein is in ally way inaccurate or if,duc to Ibc passage of time, becomes inaccurate.'I lit Avondale Corporation will no be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS IIOMEBUYERS AWARENESS AND INFOIl111AT10N STATEMENT; (g) NO REPRESENTATIONS Olt WAIUtANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH T1115 STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE -i'11E CONTRACT 7.0 PURCHASE WITHIN THREE (J) DAYS AFTER RECEIVING THIS STATEMENT. Tract fl_ Lot N BUYER: DATE: BUYER: DATE: BUYER: DATE: Homebuyer Awareness and In(ormatlon Statement' ) � Walk-through inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Marano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Memo Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# ZZMZ Lot#_A�_ B UY 7 /� DATE: ��� ?44 BUYER:�j �pf� 9/_"„ ` "-"""�-- DATE: BUYER: DATE: 6 Plose sign and return one copy to The Avondale Corporation and retain one copy for your file, 6?l9J I Home buyer Awaresesmand Information Statement a (/Ll74 01x od 1 Walk-through Inspectlon/Famlllarization ARet'}our loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to fam0iarim you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales -!Con tact will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot,the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Memo Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terns of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. t Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain expera and professinnaia. The Avondale Corporation may algid from Brno to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# `� Lot# ty BUYER: DATE: i I r BUYER: DATE: i BUYER: DATE: 6 Please sign mad return one copy to The Avondale Corporation and retain one copy for your Ole N1Lvr fl„mebuyer Awareness and �- Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Memo Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot,the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terns. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Home6wners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;ANfl, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING 2THIS STATEMENT. ^� Tract C Loth! OrQ, t l BUYER: BUYER: DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your rile. 61711Y1 7 7,a - 1 ' Ilomebuyer Awareness and Information Statement �ftoo ),0.`4D Walk-through Inspection/Familiarization f V Alter your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-lbrough appointment,and the walk-through will be conducted by a construction replesenmtive. You will be asked to sign a form indicating your acceptance of the lot, the home and all of lilt improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected is soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken alter die close of escrow,such work will he undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports mid budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. Phis warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of[lie Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to line passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# 8��— Lot q r 1 BUYER: r e e' DATE: �' 5 BUYER: Wes_ DATE• S' BUYER: DATE: 6 Please sign and return one ropy In The Avnndele r'nrpnralinn aml rush,one rnm,her vnur m. .. arm lion 511e nenl xtnJlF}t � Walk-through Ins pee lon/Famlllarization Af1cr your loan documents have been signed and your total down payment is in escrow, you will be givcu a walk-nmoigh tuspecliun lu familiarite yuu will all of lire operating Milecls of your new home and to lure Ally discrepancies which rcyuiro correction. 1'ou Alnanu Saks asked t and will schedule this walk-through rgrpuinnucnl,and tine walk-duotgh will be conducted by a construction rcprescmmllive. You %rill be asked to sign A funn indicating your acceptance of the tut, the homc And all of the ,nynrovcnacnls, except for Any Jiscrcpaucics to be corcclrJ condin will be,poll o deoil the funn. Any discrepancies lured will be corrected as soon as is practical, but in nu event will the close of escrow be conditioned upon or ill be ud by the correction of Any ilent noted in the walk•Iluough. If a corrective measure must be taken a(lcr the close of cscro%v,such work %rill be underinken oil an nppo,mmenl basis by file applicable0"11.subcontractor. Homeowner InlOnnalion Booklet You will receive a homeowner infurmntion booklet which includes monufaclurer's warraulies fur appliances iusmlled in your humc;topics of the Association Jocunnenls including CC&It's, financial reports and budgets, a construction warruuly and forms will which you unay mques, waranly repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gale access curd will be given to You by your Menlo Sales Consullaul. When You insert your keys into the locks of your hone,Ihcy will nulumnlically make useless the contractor's master key,thus cliulivalimg our access lu your huom. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your humc against defects in Original nnatcrial and workmanship pursuant to and upon the express hellos of a separate written warranty which will be provided to you. This warranty does lot cover defects caused by a lack of normal inaiulcuauce by tine homeowner. Minor expansion, contraction and stilling cracks annual to humc construction are not covered under the Icrnts of this warm ty. This warranty is given to you ill place of and it'lieu of all Other warranties or guarantees,written or oral,whether expressed or implied,save and except["use givcu by Olhcrs which slmll be In force according to Ihcir own terms. Warranty Request The homeowner's information bookie(which will be provided to you will contain pl u lc lumbers,warranty request forms,and the procedure to follow in order to Assure file best service to You. Ill',lost instances,warranty repairs will be made as soon as is practical nil an aplwinuucal basis by the applicable subcontractor. An adult nmsl be present in order to grant entry to file bolas. Construction Traffic You nlay experience sonic construction related traffic and activity for future phases of devclopnlenl nller(he close of escrow. ','his inlay result i construction detours and possible inconvenicuce which should be temporary in nature, it Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held scar the project. The Avondale Corporation encourages Your pAnicipalion in the Association and will assist the honcowucrs with the administration of the Association during the soul up period. ACCURACY OF INFORMATION The above infonna,lon has been provided in order to familiarize you will the Menlo devdopurenl. The Avondale Corporation bcficves Iba,the infummliot Ilerelnn is accurate. Iluwever, ill the accmnulullan slid presentation of Ibis infurntaliun,The Avondale Curpuraliuu has relied upon infuruadon provided by third parties, including certain experts and professionals. The Avondale Corporation rally elect front lime to limle update,change or ancmd this statement. You are encouraged to verify Ihe,uforalaliol contained herein from other indcpcaden,sources. Buyer hereby acknowledges Ihnt if Iho Information contained herein is In mry way inaccurate or if,due Ili the passage of lime, becomes inaccurate,*1 he Avondale Corporation will not be held liable for any damage,or cluiml of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION AIATION (B) NO REPRESENTATIONS OR WAIU(ANTIES HAVE BEEN MADE TO THE UNDERSIGNED Ul' ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT I'D PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING TI'[IS STATEMENT. 1 Tract q 17�v Lot ll—z2-0— ` l BUYER ,E.— BUYER: DATE: BUYER: DATE: i mebayer,Awsreaess andP �7 hhhformrtion Statement -- Walk-through Inspectionfilamlllarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot,the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical,but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CCAR's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Mersno Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion,contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED Y TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS TA MENT. Tract k 8 Lot N BUYE DATE: BUYER: DATE: BUYER: DATE: 6 Plesae sign and return one copy to The Avondale Corporation and retain one copy for your file. 6171N5 ` /omtbuyer Awareness and aformation Statement / 73 f Walk-through,inspecOordFamillarization !(/ After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Menton Sales iConsultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot,the home and all of the improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be ! conditioned upon or delayed by the correction of any item noted in the walk-through. if a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. .. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gale access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion,contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointme➢t basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Mersno development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein froM other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION - STATEMENT; . (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N Zi7 ygZ Lot q /7 BUYER: DATE: BUYER: DATE: BUYER: DATE: 6 Please dgn and return one copy to The Avondale Corporation and retain one copy for your Mr. i?L9t Ilomebuyer Awareness and t}� Information Statement r / Walk-through Inspecllon/Famlllarizatlon Allier your loan documents have been signed and your total down payment is in escrow, you will be given a walk-Through inspection to familiarize you with all of Ilne operating aspects of your new home and to note any discrepancies which require correction. Your Marano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form Indicating your acceptance of Ilene lot, llte home acid all of The improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of ally item noted in llte walk-through. If a corrective measure must be taken a➢er the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the conlractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion,contraction and settling cracks normal to home construction are not covered under the terms of[his warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's Information booklet which will be provided to you will contain phone numbers,warranty request forms, and the procedure to follow in order to assure Cite best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related Iraftlic and activity for future phases of development alter time close of escrow. This may result In construction detours and possible Inconvenience which should be lempory,in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your partic[pallon in the Association and will assist the homeowners with the administration of[he Association during the stall up period. ACCURACY OF INFORMATION The above Information has been provided In order to familiarize you with The Mcrano development. The Avondale Corporation believes that the Information herein is accurate. However, In the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to lime update,change or amend this statement. You are encouraged[o verify lite information contained herein from other independent sources. Buyer hereby acknowledges that if the Information contained herein is in any way inaccurate or if,due to the passage of lime,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED IIEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED IIAS RECEIVED AND READ THIS IIOME➢UYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY TIIAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITIIIN TIIREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract N_ A / pp, ,-� " Lot q BUYER: //ckr y �2i� DATE:_ Z/ BUYER: 7 7 DATE: q BUYER: U1 Y ATE: 7 Please sign find return one copy to The Avondale Corporation and retain one copy for your file. Nrva Awareness and /which s Statement rough inspection/Familladzatlon r loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to e you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Marano Sales tl will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be sign a form indicating your acceptance of the lot,the home and all of the improvements,except for any discrepancies to be corrected ll be noted on the form. Any discrepancies noted will be corrected m soon as is practical,but in no event will the close of escrow be ed upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of uch work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, Financial reports and budgets, a construction warranty and fortes with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terns of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. - Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Memno development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon Information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENTi (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract q (::�_J gPr'�) ' Lot H BUYER: DATE: BUYER: 921f �Q G Y LC'���_ DATE: BUYER: DATE: 6 Please sign and return one copy to The Avondale Corporation and retain one copy for your file. d,7"J r Buyer Awareness and rmation Statement Walk-through Inspection)Famlllarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your now home and to note any discrepancies which require correction. Your Merano Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by lice applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow,Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Marano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Marano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information,The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED IIAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATE11E17; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# a—) �;k.— Lot# L BUYER, Q �f� r Crr+-.I� 4 " ATE:_ ��— BUYER: DATE: BUYER: DATE: 6 Plesse sign and return nne ropy In The Avondsir r'nrpnrslinn.nd rel.in M. ... l !� ,yer Awareness and Allan Statement /V3 i alk-through Inspection/Familiarization ARer your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Memo Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements, except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken alter the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow,your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys - into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability The Avondale Corporation warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a. separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the a _ homeowner. Minor expansion, contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers, warranty request forms,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related tragic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. MeeUngs of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. The Avondale Corporation encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. The Avondale Corporation believes that the information herein is accurate. However, in the accumulation and presentation of this information, The Avondale Corporation has relied upon information provided by third parties, including certain experts and professionals. The Avondale Corporation may elect from time to time update,change or amend this statement. You arc encouraged to verify,the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time, becomes inaccurate,The Avondale Corporation will not be held liable for any damage,or claim of damage,from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract#_ZZgBZ/ Lot#1_E2 BUYER: DATE: BUYER: DATE: BUYER: DATE: 6 Plraar eivn and 1 11 ,o r City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 i TELEPHONE(760)346-0611 •FAX(760)341-7098•http://www.paim-desert.org July 13, 1998 R.J. Mayer Avondale Corporation P.O. Box 8680 Newport Beach, CA 92658-8680 RE: TT 27882 Dear Mr. Mayer: The approval of the above-referenced tentative map was subject to various conditions. Condition No. 13 of Resolution No. 1665 reads as follows: That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 21 through 40 inclusive as shown on tentative tract map TT 27882 as revised September 26, 1994, that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 21 through 40 inclusive of the potential impacts from Stray golf balls. Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge in writing that he/she has previously been advised of this verbally. Copy of said written disclosure signed by buyer to be filed with the city within ten (10) days of close of escrow. The lots in question have been renumbered on the final map and are now identified as Lots 11 through 30 inclusive (see attached assessors map). R.YcbO P•Po Mr. R.J. Mayer July 13, 1998 Page 2 As of this time, we have not received signed copies of the disclosure form as required in Condition No. 13 for the units which your company sold. Please forward to us within seven days signed copies of the disclosure form for Lots 6, 7, 8, 12 and 16 and any other lots which your company sold. Thank you for your cooperation in this matter. Sincerely, Stephen R. Smith Planning Manager SRS:kc Enclosure wp\corr\tt27882.ss r r r HOMEBUYER AWARENESS AND INFORMATION STATEMENT 03/02/98 Homebuyer Awareness and Information Statement Please carefully review the following statement of information relating to your home. You should take Into account all of the information contained herein when considering the purchase of a home at Merano. As used herein, all reference to "you"and "your"are to the Buyer(s) and all references to "Merano by Diamond West Homes, LLC", "we" and "our" shall include Merano by Diamond West Homes, LLC and all of its authorized agents, employees, representatives, consultants, successors and assigns. USE OF ADJACENT PROPERTIES Please be advised of the following information regarding the uses of properties adjacentto the project: Golf Course -The project adjoins a golf course not owned by Merano by Diamond West Homes,LLC. Buyer hereby acknowledges that their lot is susceptible to impact from stray golf balls during the normal course of play and other events inherent to the activities of the adjacent golf course; and further, that the golf course may be irrigated with reclaimed water and the lots, landscaping, fencing, yard or other improvements or personal property may be affected by the overspray of the golf course irrigation systems. Pursuant to the recorded Declaration of Covenants,Conditions, Restrictions and Easements("CC&R's")affecting each lot of the project,by accepting a deed to a lot you will assume the risks associated with / such conditions and release Merano by Diamond West Homes,LLC from any liability arising therefrom.You are advised to read Section 8.14 of �{ the CC&R's for more information in this regard. Buyers of lots 9 through 30 of Tract 27882-2 are additionally advised that pursuant to a recorded restriction affecting the title to each such lot, by accepting a deed to any such lot you will assume the risks associated with the conditions described in the preceding paragraph including any possible property damage or personal injury from stray golf balls, as well as other impacts from the existence and maintenance of the adjacent golf course,and you will release the golf course(but not any individual golfer)from any liability arising therefrom. You arc advised to see your Merano Sales Consultant for a copy of this recorded restriction and more information in this regard. Coachella Valley Water District Well Site Merano by Diamond West Homes, LLC has deeded the fee title of Lot 63 of Tract 27882-2 to the Coachella Valley Water District for well site purposes. At some time in the future the Water District may drill and operate one or more water wells on the site. Pursuant to the CC&R's,by accepting a deed to a lot you acknowledge that the construction and operation of such water wells may involve heavy equipment operation, including drilling and maintenance derricks which may create noise and vibration. Further, pursuant to the CC&R's,you will assume the risks associated with such conditions and releases Merano by Diamond West Homes, LLC from any liability arising therefrom. You are advised to read Section 13.10 of the CC&R's for more information in this regard. Adjacent Shopping Center Site The project adjoins an 8.6 acre parcel of land located at the northeast comer of Country Club Drive and Monterey Avenue which is not owned by Merano By Diamond West Homes,LLC. The owner plans to develop a shopping center on this site. Pursuant to the CC&R's,by accepting a deed to a lot you acknowledge that the construction and operation of the planned shopping center will likely create additional vehicular traffic, noise,light and similar impacts normally associated with the construction and operation of a shopping center. Further,pursuant to the CC&R's, you will assume the risks associated with such conditions and release Merano by Diamond West Homes, LLC from any liability arising therefrom. You are advised to read Section 13.11 of the CC&R's for more information in this regard. Use of Remaining Project Property Merano by Diamond West Homes, LLC is building single family detached homes on a phased basis on land which has been approved for this purpose by the appropriate governmental agencies. Merano by Diamond West Homes, LLC may continue to build the homes which are currently being sold, or in response to changing market conditions may stop its development activities or proceed to construct different single family detached homes on the remaining property. Such different single family homes may have different floor plans, elevations, features, materials,designs and prices from the homes currently represented in the model complex. Further,Merano by Diamond West Homes,LLC may sell the balance of the property to other builders who may build other single family homes on such property. Other Adjacent Property Merano by Diamond West Homes, LLC has no control over land uses on other adjacent properties. The City of Palm Desert, the County of Riverside and other government agencies have previously approved land uses on such adjacent properties,and these agencies have the complete authority to revise the currently allowed land uses at any time. Therefore,Merano by Diamond West Homes,LLC makes no representation or warranty as to the current or future land uses on any adjacent or nearby properties. Buyer hereby acknowledges that the responsibility to determine the currently allowed land uses and to monitor any future changes in such regulations on adjacent or nearby properties is with the Buyer and not Merano by Diamond West Homes, LLC;and further,Merano by Diamond West Homes, LLC is not obligated to become a party to any dispute between the Buyer and government agencies or other property owners regarding adjacent land uses. Merano by Diamond West Homes, LLC encourages you to contact the City of Palm Descri at(619) 346-0611 and the County of Riverside at (909)275-3200 to clarify what is currently allowed on adjacent properties and,in addition,to keep in contact with these agencies to be apprised of any future land use changes being considered. OTHER VALUE CONSIDERATIONS Lot Premiums&Views Some of the lots in Merano have premiums set by Merano by Diamond West homes, LLC based on a variety of factors and such premiums generally define Merano by Diamond West Homes, LLC's opinion of the desirability of a particular lot when compared with other lots in the project. If you are purchasing a lot which you perceive as having a view, you are advised that the view as seen from the lot at the time of purchase is not guaranteed. Existing views may be altered or impaired by the future construction of Merano by Diamond West Homes,LLC or by others including adjacent property owners,by growth of vegetation or trees,by fences,or by other factors not presently known. Merano by Diamond West Homes, LLC makes no representations or warranties,whether expressed or implied,as to either the nature or extent of the view from your lot or residence or any obstruction thereof,or the permanency of the view from any portion of your lot or residence. Price Changes and Benefits of Home Ownership Although the purchase of a new home traditionally has been considered a wise decision for many reasons, Merano by Diamond West Homes, LLC. makes no representations or warranties with respect to future price changes on other homes and lots in this or any other phase of the project,and reserves the right to adjust prices upward or downward without notice or obligation. Merano by Diamond West Homes,LLC makes no representations that your home's value will at any time in the future either retain or be higher than its value at the time of purchase. Buyer hereby acknowledges that at no time has the Merano Sales Consultant or any other representative of Merano by Diamond West Homes, LLC made any representations or warranties regarding home value,price appreciation or depreciation,or future pricing adjustments. PROPERTY TAXES AND SPECIAL TAX ASSESSMENTS You are encouraged to contact the Riverside County Auditor's Office at(909)275-3820 to determine the total of all taxes for the property. The following is a summary of some of these taxes. BUYERS 2 INITIALS 03/02/98 Homebuyer Awareness and Information Statement Regular Real Property Tax Regular ad valorem real estate taxes for a home in Merano are determined by multiplying the annual local tax rate by the assessed value of the home as determined by the County Tax Assessor based on its total purchase price and any other improvements made by the Buyer. For the 1994/1995 tax year,the annual local tax rate applicable to homes in Merano is approximately 1.133%of the full cash value. Supplemental Real Property Tax The property taxes payable for a home in Merano before it is sold is based on the lower valuation of the property before construction was complete. These existing lower taxes will be prorated through escrow so that the Buyer will pay only that amount attributable to the Buyer which is the period from the close of escrow to the following June 30th. However, the purchase of your home constitutes a "change in ownership"for real property tax assessment purposes,which will cause a reassessment of your residence by the County Tax Assessor based on its sales price. The result will be a real property tax increase based upon the purchase price of the home,effective as of the date of the close of escrow. After the close of escrow you will receive a supplemental real property tax bill covering the tax increase attributable to you for the period from the close of escrow to the following June 30. - Assessment District 94-3, City of Palm Desert The City of Palm Desert has formed Assessment District 94-3 in order to finance the construction of certain public infrastructure facilities which benefit the Merano development including,but not limited to,the installation of sewer lines,water lines,and street widening. If the cost of these necessary facilities was not financed by the Assessment District,they would have been paid for directly by the builder and included in the direct purchase price for each home. Bonds have been sold to pay for these facilities and associated costs to administer the Assessment district, and retirement of the bonds(principal and interest)will be paid over a 25-year period by a special assessment for each residential lot in the Merano project. These assessments are in addition to the regular property taxes and any other charges,fees,special taxes and benefit assessments on the property. If you fail to pay these annual assessments when due,the property may be foreclosed upon and sold. The total bonded assessment against each lot to pay for public facilities through Assessment District 94-3 is$9,779.27. An annual assessment will be levied each year until all of the assessment bonds are repaid,or until the total assessment against your property has been paid in full. The amount of the annual assessment for 1996 is not more than $900,00 and the annual assessment will not exceed $900.00 per year during the period of 25 years. Rather than pay this assessment each year, you may pay off in one lump sum, or in partial lump sums of a minimum of $5,000, the total amount of the bonded indebtedness against your lot. However, there will be a 3% pre-payment premium, and all accrued interest to the date of prepayment will be also due. If you have further questions regarding the assessment district,you may review a copy of the Official Statement of the City of Palm Desert for the original bond offering, as well as other related documents, in the Sales Office. Additionally, in order to determine the lump sum pay-off amount for your lot or to obtain answers to further questions,you may contact the assessment consultant which has been retained by the City of Palm Desert to manage this assessment district at(800)755-6864. Landscape Maintenance District The City of Palm Desert has formed landscape maintenance districts in many areas of the City to pay for the maintenance costs of sgeet landscaping which are of a direct benefit to surrounding properties. Lots within the Merano project are included in such a district and the lots will be subject to an annual assessment of approximately $13.00 to pay for the maintenance of landscaping to be located in median strips adjacent to the project on Country Club Drive and Monterey Avenue. You are advised to see your Merano Sales Consultant for further information. PLANNED UNIT DEVELOPMENT Homeowners in the Merano project will enjoy exclusive ownership of their own lot and home, and shared ownership of interior streets, entry gates,perimeter walls and other common landscaped areas. Ownership of a home in Merano will include the following features: Homeowner's Association A homeowner's association ("Association") has been formed which every Buyer will be a member of and which will be responsible for the maintenance of the common area improvements of the project. These common area responsibilities include the streets, entry gates,perimeter walls and common area landscaping. In order to pay for the cost of the common area maintenance, a monthly fee will be assessed to every homeowner in the project. The billing,collection of assessments and day to day management of maintenance activities will be managed by an independent management company retained by the Association. Merano by Diamond West Homes, LLC will provide to you a copy of the Association documents,financial statements and budget and will assist the homeowners in the administration of the Association during its start- up period. Covenants, Conditions, Restrictions &Easements The title to each lot in the project will be subject to the recorded Declaration of Covenants,Conditions,Restrictions and Easements("CC&R's"). A copy of this document will be provided to you. You are advised to read this document carefully and contact your Merano Sales Consultant if you have any questions. These CC&R's are intended to protect your community and they also set forth many of the rights and responsibilities that each Buyer acquires when purchasing a home in Merano. HOMEOWNER RESPONSIBILITIES You will have the following responsibilities when owning a home at Merano: Home and Lot You will be solely responsible for the maintenance of your home and lot. Slopes All slope maintenance is the sole responsibility of the homeowner of the lot on which the slope is contained. It is important that each homeowner maintain landscaping and irrigation of all slopes to deter the effects of erosion. Drainage Your lot has been graded in accordance with requirements of the City of Palm Desert for the purpose of directing the flow and drainage of surface water. Improper alteration of lot grading may result in significant damage, including but not limited to, damage to the foundation of your home or adjacent slopes. If after the close of escrow you,or your landscaping subcontractors,alter swales or drainage courses,change the grading, or install landscaping or other improvements in such a way so as to alter the drainage flow on your lot, Merano by Diamond West Homes, LLC shall not be responsible for any damage to persons or property resulting therefrom. This applies both to drainage from your lot onto any other property as well as drainage within your lot.' Landscape Maintenance It is your responsibility to maintain the landscaping of your lot upon close of escrow. Proper maintenance requires mowing and trimming as well as elimination of burrowing rodents,maintaining proper drainage,weeding,fertilizing,and repairs and adjustments to the irrigation system. Wind and Wind-Driven Sand, Dust and Debris Merano is located in a portion of Riverside County which is occasionally subject to high wind conditions and wind-driven sand,dust and debris. Merano by Diamond West Homes,LLC will not be responsible for damage or clean-up arising from wind or wind driven sand,dust or debris. BUYERS 3 03/02/98 INITIALS Homebuyer Awareness and Information Statement Fences You are responsible for the maintenance of both the interior and exterior side of the fencing around your home,except for the exterior side of the perimeter block wall facing Country Club Drive and Monterey Avenue which will be maintained by the Association. Merano by Diamond West Homes,LLC constructs wood fences,and some wrought-iron and block walls,along rear and side yards with each home it sells. A copy of the fence plan showing the location of these fences and walls is available at the sales office. Not every lot will have a block wall. Property Lines Due to typical construction conditions and practices,the exact location of fences,individual houses,driveways,tops-of-slope,lot boundaries and setback dimensions may vary from that depicted in the brochure, sales office plot plan or grading plan. For example, in yards which slope downward,the fences may be several feet inside the property line as they are often placed at the top of the slopes. Or,where public utility access or other easements run along the lots,fences may be placed at the inside edge of the easement. In addition,error in the field by fence installers or other workers may result in fences not being placed exactly on the property lines. When replacing or extending fences, block walls or installing permanent or costly improvements, you should not rely on the placement of existing fences to locate property lines, easement boundaries or setback limits. It is recommended that You verify the Property lines easement boundaries and setback limits through professionally prepared surveys or other appropriate means prior to replacing or extending fences or installing other permanent improvements. Utilities Buyer hereby acknowledges that utilities such as electrical transformers,pull-boxes,TV cable boxes,gas meters and water meters are placed per plans designed or approved by the respective utility companies within easements reserved on the Buyer's lot for such purposes and it is the Buyer's responsibility to review utility plans available at the Sales Office to determine the location, if any, of utility improvements on the Buyer's lot. Merano by Diamond West Homes, LLC will not be responsible for the removal or relocation of any such utility improvements. The majority of electrical transformers are now required by Southern California Edison to be above ground and above-ground electrical transformers will be placed in the front yard of some lots. Mailboxes The location of mailboxes are determined by government agencies and may contain more than one box on a common post near the property boundary of two or more lots. You will retain responsibility for the maintenance of your mail box. Future Homeowner Improvements The Association will form an architectural committee which will have design approval authority over exterior alterations and improvements to homes within the project which occur after the close of escrow. See the CC&R's for more information. In addition, certain restrictions may exist with respect to utility and/or drainage easements on or adjacent to your lot. Before commencing any landscaping or other improvements, please be sure to check with your Association and with the Building Department of the City of Palm Desert to determine if there are any restrictions or permits required. GEOLOGICAL CONDITIONS Soils Report: Merano by Diamond West Homes, LLC is building single family detached homes on land which has been approved for this purpose by the appropriate government agencies. As a part of the governmental approval process of this overall subdivision, the grading plans, street plans, utility plans and the house building plans and information dealing with soils and geologic conditions is reviewed and considered by such agencies. Finally, registered and licensed soils engineers as well as grading and building inspectors employed by appropriate governmental agencies regularly monitor these construction activities in the field to insure that the project complies with all applicable codes and conditions of approval. Merano by Diamond West Homes, LLC encourages you to retain the services of a geologist or soils engineer if you are concerned with this aspect of the project. The above plans and information will be made available to any geologist or soils engineer which you retain for the purpose of obtaining their professional opinion prior to the closing of your escrow. You or your geologist or soils engineer may review a copy of the Preliminary Soils,Foundations,and Geologic Investigation report prepared by Terra Geo Sciences,Inc.dated 6/13/94 for Tentative Tract 27882 in the Sales Office. Hazards due to Geological, Seismic or Flood Factors Per the Preliminary Soils,Foundations,and Geologic Investigation report prepared by Terra Gen Sciences, Inc.dated 6/13/94,the subject site is not located within any active faulting area. However, Southern California is an earthquake prone area and earthquakes can occur at any time with varying degrees of strength. Additionally,the site is not situated within a Special Flood Hazard Zone. Rocks Within Soil Buyer hereby acknowledges that the soil at Merano may contain rocks which Buyer or its landscaping contractors may have to remove for installation of irrigation systems,patios, pools, spas,and other hardscape installed by Buyer; and therefore,Merano by Diamond West Homes, LLC is not responsible for the removal or disposal of any rocks after the close of escrow. DESERT SANDS UNIFIED SCHOOL DISTRICT Merano is located within the Desert Sands Unified School District and students will attend the following schools: Elementary: Intermediate: High School: Carter Elementary Palm Desert Middle School Palm Desert High School 74251 Hovley Lane 74200 Rutledge 43570 Phyllis Jackson Lane Palm Desert,CA 92260 Palm Desert,CA 92260 Palm Desert,CA 92260 (760)862-4370 (760)862-4320 (760)862-4300 Bus Provided:YES Bus Provided:YES Bus Provided:YES The above information is provided as a courtesy and is accurate to the best of our knowledge on the date provided. School assignments or the availability of school buses may be changed at any time by the school district. For more information,please contact the Desert Sands School District at(619)775-3500. GENERAL CONSTRUCTION INFORMATION Limited Access During Construction The construction site is closed to all persons except contractors and employees of Merano by Diamond West Homes,LLC. Due to the possible risk of injury during the construction of your home,we ask that you refrain from entering your home unless you are escorted by a Merano Sales Consultant. If you wish to see your home during construction,we suggest you do so from your car. If you have a special need to enter your home during its construction, please notify your Merano Sales Consultant and request an appointment during normal business hours Monday through Friday. You will be required to sign a release of liability form prior to entering onto the property. No one will be escorted to their home on a weekend. Please be careful to respect this request and advise persons such as interior designers,drapery installers and others that you may hire that they must call ahead on a weekday if they wish to be admitted into your new home to take measurements. BUYERS 4 03/02/98 INITIALS Homebuyer Awareness and Information Statement Work in Process If you happen to notice something about the construction of your home that does not look right to you,please be-assured that your home is being constructed according to rigid building requirements. The unusual thing you see could be a temporary support member, an unfinished job or a damaged feature that will be taken care of in proper sequence with other similar cases. No Extra Work Our subcontractors have been advised that they are not permitted to do any extra work without authorization by Merano by Diamond West Homes, LLC. Further,any additional improvements or modifications which are not provided by Merano by Diamond West Homes, LLC as a part of the purchase price of your home,whether performed by our subcontractors or by others retained by you,must be done after the close of escrow. Any unauthorized improvements shall,at the sole option of Merano by Diamond West Homes,LLC,become the property of Merano by Diamond West Homes, LLC. Further, Merano by Diamond West Homes, LLC is not responsible in the event of any theft or removal of, or damage or destruction to,such unauthorized improvements. Model homes The models have been professionally decorated and landscaped. Many decorative features shown in the model homes are not included in the price of the home. Additionally,many options and upgrades which are available at additional cost to you are contained in the model homes but are not included in the price of a standard home. None of these decorative option or upgrade items are included in the price of your home unless aereed to in writing by Merano by Diamond West Homes,LLC. Such decorative and/or optional items which are not a part of a standard home include,but are not limited to,the following: Exterior Improvements: Decorative masonry on concrete driveways, walkways, patios, walls, courtyards, wood pilings, decorative pools/spas, ponds, overhangs, trellises, exterior lighting, benches, landscaping, sprinklers, exterior light fixtures, potted plants, hanging plants,additional fencing and gates. Interior Furnishings: Furniture and furnishings, window treatments, artwork, plants, wall_hangings, decorative mirrors, mirrored wardrobe doors, upgraded/decorative and theatrical light fixtures/ceiling fans, plate rails, decorator towel racks, decorator cover plates, paper holders and accessories. Flooring: Wood floors,upgraded carpet,ceramic the flooring and other enhanced floor surfaces. Special Finishes and Built-In Units: Custom paint colors, wallpaper, wood paneling, high gloss finish cabinets and any other stained surfaces, upgraded tile countertops,kitchen islands, leaded glass entry doors,French doors, raised panel interior doors, closet organizers, crown molding, upgraded bathroom faucets, spa, porcelain tub/showers, upgraded glass shower enclosures, stained glass, certain built-in units,decorator cabinet hardware,fireplace paint and fireplace logs. Appliances: Washers, dryers,refrigerators,Jenn-air appliances and component parts,Nu-tone Kitchen Centers,wall heaters, garage door opener,music and intercom,water softener and instant hot plumbing, service for electric dryer, gas plumbing for barbecue, entertainment center and security system. Other: Rain gutters,light bulbs. Optional Features Your Merano Sales Consultant will set up an appointment for you with the Design Center Coordinator to make your selections of the optional features. This must be done within ten(10)days of the purchase agreement date to enable Merano by Diamond West Homes,LLC to meet your move-in schedule. Options must be selected prior to the start of construction. Options selected after the start of construction may not be available or may require a substantial increase in price. Not less than 30%of the total cost of all options ordered must be aid in full prior to the start of construction and shall be considered a non- refundable deposit The remaining balance due for options shall be paid as scheduled with the Design Center. Should escrow cancel,regardless of reason or fault all moneys forwarded to Merano by Diamond West Homes LLC or its contractors for options that have been delivered or installed in the home will not be refunded to the Buyer. Deletions No appliances,bath fixtures or any other part of the standard plans or specifications can be deleted. Interior Doors Interior doors will be installed at the entry to each bedroom,water closet,secondary bathroom and hall closet. Variation In Elevations In order to provide diversity for the street scene, our architect has produced more than one exterior design (elevation) of each floor plan. Consequently,you may notice differences between the model home for your floor plan and the elevation of your home. These differences may include such items as sloped ceilings,veneer treatments,window locations and sizes,roof lines,color schemes,etc. Exterior designs and colors have been pre-selected according to elevation and location and there are no changes. Dimensions All brochures, model homes, sales materials and construction plans contain dimensions which are approximate. They are not intended to be precise representations of exact dimensions of your home or lot. Additionally,concrete driveways,walks and stoop designs and dimensions may vary due to the location of the house on the lot. Material Variations and Substitutions The color, design and texture of certain materials may vary due to the nature of the materials used. Additionally, materials and fixtures occasionally become unavailable due to situations beyond the control of Merano by Diamond West Homes, LLC, therefore, Merano by Diamond West Homes,LLC reserves the right to make substitutions. Energy Efficiency Your new home will be constructed with the following fiberglass insulation: Location Thickness R-Value Exterior Walls 3" R-13 Ceiling/Attic 91/2" R-38 The garages are not insulated to retain warmth compatible with their use as a principal living area. Air conditioning units with a seasonal energy efficiency rating(SEER)of 12 will be installed in each home at Merano. The capacity of the units based on each floorplan are as follows: BUYERS 5 - 03/02/98 INITIALS Home buyer Awareness and Information Statement _ Floorplan Cooling Capacity #10 3 Tons #20 4 Tons #30,#35,#40,#45,#50,p60,#65 5 Tons Completion Date Check with your Merano Sales Consultant periodically for changes that may occur in completion dates. Due to the effect of weather and the number of different trades involved in the construction of your new home, accurate completion dates are difficult to estimate in advance. As soon as your home is past the halfway mark your Merano Sales Consultant should be able to supply you with a tentative completion date. Proposition 65 Disclosure Statement Pursuant to the requirements of Proposition 65 of the State of California, you are advised that normal home construction uses products or materials that may contain chemicals known to cause cancer,birth defects,or reproductive harm. Please contact your Merano Sales Consultant if you have any questions in this regard. PURCHASE, FINANCING AND CLOSE OF ESCROW Escrow Instructions In addition to the purchase agreement,you will be required to execute escrow instructions which Merano by Diamond West Homes,LLC will cause to be prepared and delivered shortly after the execution of the purchase agreement. All escrow instructions must be received by the escrow company within five(5)days of the time you receive them. Please sign and return them immediately. If�you have questions regarding the escrow instructions,please contact your Merano Sales.Consultant for clarification,then sign and return as requested. Financing One of the optional services provided for Merano by Diamond West Homes, LLC's customers is assistance in arranging a home purchase loan through their preferred lender(s), subject to necessary qualifications by you. There is no obligation for you to use the lending services of the preferred lender(s). Further, the terms and conditions of any such financing shall be determined at the sole and absolute discretion of such lenders. No warranty is made by Merano by Diamond West Homes, LLC with respect to the interest rate, other terms of such financing, or whether you will qualify for such financing. Buyer hereby acknowledees that Merano by Diamond West Homes LLC cannot guarantee interest rates or total amount of discount points due lender from Buyer at the close of escrow and that the Buyer has agreed pursuant to the purchase aereement to close escrow regardless of the interest rate and point structure of Buyer's loan at the time of the close of escrow. Should escrow be delayed due to Buyers lack of diligence in regard to signing loan documents, Merano by Diamond West Homes,LLC may elect, at their sole option, to extend the escrow subject to the Buyer paying Merano by Diamond West Homes,LLC$50.00 for every day so extended. Loan Application You will be given a loan package and your Merano Sales Consultant will arrange an appointment for you to meet with a loan agent. Please complete this loan package and give it to the loan agent at your appointment. Please give your immediate attention to completing all necessary steps requested of you by the loan agent in order to reduce processing time. Loan approval normally takes thirty(30)days. Order and Execution of Loan Documents Your Merano Sales Consultant and/or loan agent will order the preparation of loan documents approximately one month prior to the scheduled close of escrow. Your Merano Sales Consultant will notify you of the time and place for executing the loan documents. Identification for notarization of your signature will be required. Insurance Information All lenders will require that you have proper fire insurance in force prior to the funding of your loan. Please call your insurance agent to arrange for fire insurance and have them notify escrow. If you wish,your Merano Sales Consultant will arrange insurance for you. Final Deposit to Escrow Any net remaining funds necessary to close escrow must be provided by Buyer in the form of a cashier's check to the escrow agent prior to the closing of the escrow. Utilities You will be responsible for ordering initial hook-up and continuing service for the utilities serving their home. You are advised to contact the following companies for such services at least two weeks prior to the close of escrow: Electricity: Contact Southern California Edison Company at(800)442-4950. Gas: Contact Southern California Gas Company(800)427-2200. Telephone: Contact GTE at(800)482-6711. Water: Contact Coachella Valley Water District at(619)399-2651 Cable TV: Contact Colony Cablevision at(619)340-2225. Refuse: Contact Waste Management of the Desert at(619)340-2113. BUYERS 6 03/02/98 INITIALS Homebuyer Awareness and Information Statement Walk-through Inspection/Familiarization After your loan documents have been signed and your total down payment is in escrow, you will be given a walk-through inspection to familiarize you with all of the operating aspects of your new home and to note any discrepancies which require correction. Your Memo Sales Consultant will schedule this walk-through appointment,and the walk-through will be conducted by a construction representative. You will be asked to sign a form indicating your acceptance of the lot, the home and all of the improvements,except for any discrepancies to be corrected which will be noted on the form. Any discrepancies noted will be corrected as soon as is practical, but in no event will the close of escrow be conditioned upon or delayed by the correction of any item noted in the walk-through. If a corrective measure must be taken after the close of escrow,such work will be undertaken on an appointment basis by the applicable subcontractor. Homeowner Information Booklet You will receive a homeowner information booklet which includes manufacturer's warranties for appliances installed in your home, copies of the Association documents including CC&R's, financial reports and budgets, a construction warranty and forms with which you may request warranty repairs. Close of Escrow, Release of Keys Upon the close of escrow, your keys and gate access card will be given to you by your Merano Sales Consultant. When you insert your keys into the locks of your home,they will automatically make useless the contractor's master key,thus eliminating our access to your home. AFTER CLOSE OF ESCROW Warranty and Limitations of Liability Merano by Diamond West Homes, LLC warrants your home against defects in original material and workmanship pursuant to and upon the express terms of a separate written warranty which will be provided to you. This warranty does not cover defects caused by a lack of normal maintenance by the homeowner. Minor expansion,contraction and settling cracks normal to home construction are not covered under the terms of this warranty. This warranty is given to you in place of and in lieu of all other warranties or guarantees,written or oral,whether expressed or implied,save and except those given by others which shall be in force according to their own terms. Warranty Request The homeowner's information booklet which will be provided to you will contain phone numbers,warranty request forts,and the procedure to follow in order to assure the best service to you. In most instances,warranty repairs will be made as soon as is practical on an appointment basis by the applicable subcontractor. An adult must be present in order to grant entry to the home. Construction Traffic You may experience some construction related traffic and activity for future phases of development after the close of escrow. This may result in construction detours and possible inconvenience which should be temporary in nature. Meetings of Homeowners Association You will receive notification of regular meetings of the Association which will be held near the project. Merano by Diamond West Homes,LLC encourages your participation in the Association and will assist the homeowners with the administration of the Association during the start up period. ACCURACY OF INFORMATION The above information has been provided in order to familiarize you with the Merano development. Merano by Diamond West Homes, LLC believes that the information herein is accurate. However,in the accumulation and presentation of this information,Merano by Diamond West Homes, LLC has relied upon information provided by third parties, including certain experts and professionals. Merano by Diamond West Homes, LLC may elect from time to time update, change or amend this statement. You are encouraged to verify the information contained herein from other independent sources. Buyer hereby acknowledges that if the information contained herein is in any way inaccurate or if,due to the passage of time,becomes inaccurate,Merano by Diamond West Homes,LLC will not be held liable for any damage,or claim of damage, from Buyer as a result of such inaccuracy. ACKNOWLEDGMENT BY BUYER THE UNDERSIGNED HEREBY ACKNOWLEDGES: (A) THE UNDERSIGNED HAS RECEIVED AND READ THIS HOMEBUYERS AWARENESS AND INFORMATION STATEMENT; (B) NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE TO THE UNDERSIGNED BY ANY PARTY THAT ARE INCONSISTENT WITH THIS STATEMENT;AND, (C) THE UNDERSIGNED MAY TERMINATE THE CONTRACT TO PURCHASE WITHIN THREE (3) DAYS AFTER RECEIVING THIS STATEMENT. Tract# Lot# BUYER: DATE: BUYER: DATE: v BUYERS �� 03/02/98 INITIALS r',. City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 •FAX(760)340-0574•http://www.palm-desert.org May 14, 1998 Darryl Hoover Diamond West Homes, Inc. 18831 Von Karman, Suite 100 Irvine, CA 92612 RE: TT 27882 Dear Sir: Thank you for your letter and enclosures of March 2, 1998. The City Attorney has asked that I write to you. Specifically, we request the following information: i) When did Diamond West Homes acquire the lots in the Merano project; ii) How many of the perimeter lots did Diamond West Homes not acquire, and which ones were not acquired; iii) Pursuant to condition #13 of Resolution #1665, we request that you forward to us copies of the signed Homeowner Awareness and Information Statement (Pages 2 and 7 should be adequate) for each lot which has closed escrow. Thank you for your cooperation in this matter. Sincerely, 4`�e_ STEPHEN R. SMITH PLANNING MANAGER SRS:kc wp\oorr\tt27882.sr Re yckE vux City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 FAX(760)340-0574 February 20, 1998 Mr. Darryl Hoover Diamond West Homes Inc. 18831 Von Karman, Suite 100 Irvine, CA 92612 Re: TT 27882 Dear Sir: The approval of the above noted tentative map was subject to various conditions. Condition #13 of Resolution #1665, copy attached, reads as follows: That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 21 through 40 inclusive as shown on tentative tract map TT 27882 as revised September 26, 1994, that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 21 through 40 inclusive of the potential impacts from stray golf balls. Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge in writing that he/she has previously been advised of this verbally. Copy of said written disclosure signed by buyer to be filed with the city within ten (10) days of close of escrow. The lots in question have been renumbered on the final map and are now identified as Lots 11 through 30 inclusive (see attached assessors map). As of this time we have not had an opportunity to review the disclosure form nor have any signed copies of the form been filed with the City as required in Condition #13. PWr Mr. Mike Morey February 20, 1998 Page 2 Please forward to us within 7 days signed copies of the disclosure form for Lots 12 and 16 and any other lots which have been sold. Thank you for your cooperation in this matter. Sincerely, Stephen R. Smith Planning Manager SRS:cr Enclosure FERGUSON & BERNHEIMER N i Lot 15: 5' W-1. Fence on top of Ex. Wall � i I I ' �� _� ���I ��� s.d'���� ` ,� � ' �.' ,. '`,r Ft �r t- � �` a r � � �, ,� , �, i ! �� ' :J.�.I.'t� , . , . , , , � d �'� �-.� - ,� y � '�� �A. � �, :r . � .�r* t ,o �$.�: Y./ +_: s rh , � T. �}i,' . \. [` ..< 0� I�ry • a _�; Spy //pqf/.. N - .. +.r 'YID. :l/4� ���` .rJ���. > �t �. � /! I c.3.. ..�.LL I� I F � � I �,t i �� 6 yV� �-� '� _^ � ;�` .;. ` j , ._ ` . �, r., _. _�.�,t� . � _,, r ,�„ FERGUSON & BERNHEIMER tY a w ti 'l' Z X y z Lot 17: Ex. Wall q , r _+C^�='" �►"fir- `-"a`- �.. 1 i e YzF�. Lot 17: Ex. Wall FERGUSON &BERNHEIMER - I T ti Lot 17: W-1. Fence on top of wall to match Lot 16 42" W-1. Fence on P-L. FERGUSON Fd BERNHEIMER ti � x s ;' e 3FIlt •a.' � K . ♦K t� +L + r + L Lot 18 & 19: T Ret. Wall w/42" W-1. Fence on top 3" In. raised planter at base of wall FERGUSON & BERNHEIMER Y Lot 21: 48" Wall w/42" W-1. Fence on top FERGUSON & BERNHEIMER mM t a'`*i —40 i %'�,.g r1 �' � •say 1e! �' F Lot 22 FERGUSON & BERNHEIMER :X a +h1 Ott f� xi it < r I Lot 24 - 26: 4' wall w/5' W-1. fence on top FERGUSON & BERNHEIMER Ao .r:.- rrrOP����.� na� ♦ e n Lot 27 Mbx s.fh'ai i•"i -L Lot 27: 5'W-1. Fence FERGUSON & BERNHEIMER � aF 4� ���li P �/l4� j ���I ICi'��i0r iyi '- X ! ' n,�• tM� +llllr rY �! t a �`i tA' iF ``�140 Lot 28: 2'wall w/5' W-1. Fence on top FERGUSON & BERNHEIMER law 61 AL 1� 5� Lot 30 6 1N'all r • Alk a F;. ^N' I u /�� Lot 30: 6' Wall FERGUSON & BERNHEIMER T�*1 k 2 Lot 29: 6'Wall f , PRELIMINARY NOISE ANALYSIS FOR TRACT 27882 CITY OF PALM DESERT Report# 95-37 February 21, 1995 Prepared For: ROBERT L.MAYER INVESTMENT CORP. P.O. Box 8680 Newport Beach,CA 92658 Prepared By: Fred Greve, RE. Tanya Nguyen MESTRE GREVE ASSOCIATES 280 Newport Center Drive Suite 230 Newport Beach, CA 92660-7528 (714)760-0891 Mestre Greve Associates Tract 27882 Page 1 SUMMARY OF MITIGATION MEASURES REQUIRED FOR TRACT 27882 CITY OF PALM DESERT EXTERIOR NOISE LEVELS The rear yard areas in Tract 27882 must comply with the 65 CNEL outdoor noise standard. The analysis indicates that a number of the rear yard areas along Monterey Avenue and Country Club Drive will be exposed to traffic noise levels of approximately 69.2 CNEL and 69.9 CNEL, respectively. The traffic noise levels on the project site will be in excess of 65 CNEL, and therefore, will require mitigation in terms of noise barriers. The results indicated that the lots along Monterey Avenue and Country Club Drive will required noise barriers of 5.5 and 6 feet. The noise barrier should be relative to the top of slope. The top of slope refers to the higher elevation between the pad and roadway elevation. (The sound wall for Lot 30 could be wrapped along the north side of the lot as shown in Exhibit S, or the end of the sound wall could be connected continuously with the adjacent property). The required noise barrier and height and location are shown in Table S and Exhibit S. Table S REQUIRED NOISE BARRIER HEIGHT AND LOCATION Lot No. BARRIER HEIGHT(Feet) Along Monterey Avenue 13 through 18, 30 through 32 6.0 12, 30 (north side of the lot) 5.5 Along Country Club 56 6.0 55, 57 5.5 NOTE: Noise barriers should be relative to top of slope. Top of slope refers to the higher elevation between the pad and roadway elevations. With the noise barriers shown in Exhibit S and Table S, the exterior noise levels at all outdoor living areas in the project will be reduced to below 65 CNEL. With the required noise barriers, all rear yard areas in the project will meet the City's 65 CNEL outdoor noise standard. The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, 1/4 inch plate glass, 518 inch plexiglass, any masonry material,or a combination of these material. If there are any plans for second floor balcony areas in the project facing Monterey Avenue and Country Club Drive, additional detailed analysis is required to determine the need for balcony Mestre Greve Associates Tract 27882 Page 2 noise barriers. This can be done when architectural drawings become available. INTERIOR NOISE LEVELS The buildings along Monterey Avenue and Country Club Drive will experience traffic noise levels in excess of 65 CNEL. The buildings in the project are assumed to have a set back of 15 feet from the edge of the lots. Based on this assumption, the buildings in the project will experience worst case noise levels of approximately 68.5 CNEL along Monterey Avenue, and 69.2 CNEL along Country Club Drive. These results in maximum required outdoor to indoor building attenuations of approximately 23.5 and 24.2 dBA , respectively, in order to meet the City of Palm Desert's 45 CNEL interior noise standard. The analysis of the buildings was based on soft site conditions. Detailed engineering calculations which demonstrate the noise reduction levels are necessary for those residential buildings which have attenuation requirements of greater than 20 dB. An indoor noise analysis is required to determine the need for building upgrades when detailed architectural plans become available, and prior to issuance of grading permits. Anumber of units in the project will need windows to remain closed in order to meet the interior noise standard of 45 CNEL. In order to assume windows can remain closed to achieve this required attenuation, adequate ventilation with windows closed must be provided per Uniform Building Code.This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Air conditioning may be an adequate substitute for mechanical ventilation as long as it meets the UBC (Section 1205 (c)) requirements. Mechanical ventilation is required for all units of the buildings in Lots 13 through 18 Lots 30 through 32 as well as the first row of the units in Lots 1 through 12 facing Monterey Avenue: and all units of the buildings . in Lots 56, 57 and 63, as well as the first row of the units in Lots 61 62 Lots 50 through 55 facingC ountry Club. ........ .... ft Barrier 14. ;16 ai 'j. TA, 5.5 ft Barrier Monterey Avenue to Mestre Greve Associates Tract 27882 Page 3 PRELIMINARY NOISE ANALYSIS FOR THE TRACT 27882 CITY OF PALM DESERT 1.0 INTRODUCTION The purpose of this report is to demonstrate compliance of Tract 27882 with the noise related 'Conditions of Approval' placed on the project by the City of Palm Desert.The project calls for the development of single-family residential units. The report addresses the future exterior and interior noise levels at the project site. The project site is located adjacent to Monterey Avenue and Country Club Drive, and will primarily be affected by traffic noise from these roadways. The vicinity map is shown in Exhibit 1. The site plan is shown in Exhibit 2. This study determines the need for any exterior and interior mitigation measures to provide adequate protection for the residential units in the project. 2.0 NOISE CRITERIA The predominant rating scale now in use in California for land use compatibility assessment is the Community Noise Equivalent Level (CNEL). CNEL is a 24 hour time weighted annual average noise level based on the A-weighted decibel. A-weighting is a frequency correction that correlates overall sound pressure levels with the frequency of the human ear. Time weighting refers to the fact that noise that occurs during certain sensitive time periods is penalized for occurring at these times. The evening time period (7 PM to 10 PM) penalizes noises by 5 dB while nighttime (10 PM to 7 AM) noises are penalized by 10 dB. These time periods and penalties were selected to reflect peoples sensitivity to noise as a function of activity. The City of Palm Desertnoise standards require that outdoor living areas not exceed a noise level of 65 CNEL and that the indoor areas not exceed a noise level of 45 CNEL for residential areas. 3.0 ROADWAY NOISE The noise levels projected in the next section of this report were computed using the Highway Noise Model published by the Federal Highway Administration (THWAHighway Traffic Noise Prediction Model", FHWA-RD-77-108, December 1978). The FHWA Model uses traffic volume, vehicle mix, vehicle speed, and roadway geometry to compute the"equivalent noise level". A computer code has been written which computes equivalent noise levels for each of the time periods used in CNEL. Weighting these noise levels and summing them results in the CNEL for the traffic projections used. CNEL contours are found by iterating over many distances until the distance to 60, 65, and 70 CNEL contours are found. Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm)is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. Anise barrier effect occurs when the"line of sight" between the source and receiveris penetrated by the barrier. The greater the penetration the greater the noise reduction. The FHWA model was also used here in computerized format to determine barrier heights. e FRANK S/NAMA DR. PROJECT LOCAAON SUNCREST COUNTRY Q CL US COUIV7RY CL US DR. �CE{Y00 O�Gj� 4 llli HOVLEY LN. QQy Exhibit I MESTRE GREVE ASSOCIATES Vicinity Map Mestre Greve Associates Tract 27882 Page 4 The future average daily traffic volumes for Monterey Avenue and Country Club Drive were obtained from the City of Palm Desert Planning Department,February 1995. According to the City Planning Department, the traffic for the roadways will have a yearly growth of 3% to 5%. An average of 4% yearly growth was utilized for this project. The future traffic volumes were projected for Year 2010. A vehicle speed of 45 miles per hour (mph) was utilized. The traffic volume and speed utilized are presented in Table 1. The time and traffic distributions utilized are presented in Table 2 and is considered typical for arterial roadways. Table 1 FUTURE TRAFFIC VOLUME AND SPEED ROADWAY TRAFFIC VOLUME SPEED Monterey Avenue 37,647 45 Country Club Drive 44,202 45 Table 2 TRAFFIC DISTRIBUTION PER TIME OF DAY IN PERCENT OF ADT VEHICLE TYPE DAY EVENING NIGHT Automobile 75.51 12.57 9.34 Medium Truck 1.56 0.09 0.19 Heavy Truck 0.64 0.02 0.08 Using the assumptions presented above, the future noise levels were computed.The results are reported here in Table 3 are in terms of distances to the 60, 65, and 70 CNEL contours. These represent the distances from the centerline of the roadway to the contour value shown. Note that the values given in Table 3 do not take into account the effect of intervening topography that may affect the roadway noise exposure. Mestre Greve Associates Tract 27882 Page 5 Table 3 DISTANCE TO NOISE CONTOURS FOR FUTURE TRAFFIC CONDITIONS DISTANCE TO CNEL CONTOUR UM ROADWAY SEGMENT -70 CNEL- -65 CNEL- -60 CNEL- Monterey Avenue 71 153 330 Country Club Drive 79 171 368 The results in Table 3 indicate that a number of the rear yard areas along Monterey Avenue and Country Club Drive will be exposed to traffic noise levels in excess of 65 CNEL. The rear yard areas adjacent to the roadways will experience worst case unmitigated traffic noise levels of approximately 69.2 CNEL along Monterey Avenue, and approximately 69.9 CNEL along Country Club. The nearest buildings will experience maximum unmitigated noise levels of approximately 68.5 CNEL along Monterey avenue, and approximately 69.2 CNEL along Country Club Drive. The analysis was based on soft site conditions. 4.0 EXTERIOR NOISE MITIGATION Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm)is the most common way of alleviating traffic noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. Anoise barrier effect occurs when the "line of sight" between the source and receiver is broken by the barrier. The greater the distance the sound must travel around the barrier to reach the receiver, the greater the noise reduction of the barrier. The FHWA model was also used here in a computerized format to determine barrier heights. The outdoor analysis was based the "Rough Grading Plans for Tract 27882 ",prepared by KWC Engineers Inc., January 16, 1995. The analysis indicates that a number of the rear yard areas along Monterey Avenue and Country Club Drive will be exposed to traffic noise levels in of approximately 69.2 and 69.9 CNEL, respectively. The traffic noise levels on the project site will be in excess of 65 CNEL, and therefore, will require mitigation in terms of noise barriers. The results indicated that the lots alone Monterey Avenue and Country Club Drive will need noise barriers of 5.5 and 6 feet . The noise barrier should be relative to the top of slope. The top of slope refers to the higher elevation between the pad and roadway elevation.(The sound wall for Lot 30 could be wrapped along the north side of the lot as shown in Exhibit 2, or the end of the sound wall could be connected continuously with the adjacent property). The required noise barrier and height and location are shown in Table 4 and Exhibit 2. Mestre Greve Associates Tract27882 Page 6 Table 4 REQUIRED NOISE BARRIER HEIGHT AND LOCATION Lot No. BARRIER HEIGHT(Feet) Along Monterey Avenue 13 through 18, 30 through 32 6.0 12, 30 (north side of the lot) 5.5 Along Country Club 56 6.0 55, 57 5.5 NOTE- Noise barriers should be relative to top of slope. Top of slope refers to the higher elevation between the pad and roadway elevations. With the noise barriers shown in Exhibit 2 and Table 4, the exterior noise levels at all outdoor living areas in the project will be reduced to below 65 CNEL. With the required noise barriers, all rear yard areas in the project will meet the City's 65 CNEL outdoor noise standard The noise barriers are required to have a surface density of at least 3.5 pounds per square foot, and have no openings or cracks. They may be constructed of wood studs with stucco exterior, 1/4 inch plate glass,5/8 inch plexiglass, any masonry material,or a combination of these material. If there are any plans for second floor balcony areas in the project facing Monterey Avenue and Country Club Drive, additional detailed analysis is required to determine the need for balcony noise barriers. This can be done when architectural drawings become available. 4.0 INTERIOR NOISE LEVELS The buildings in the project must comply with the 45 CNEL noise standard. The buildings on the lots are assumed to have a set back of 15 feet. Based on this assumption, the buildings in the project are estimated to experience worst case unmitigated traffic noise levels of approximately 68.5 CNEL along Monterey Avenue, and approximately 69.2 CNEL. Therefore, the buildings along Monterey Avenue and Country Club Drive will require outdoor to indoor building attenuations of approximately 23.5 and 24.2 dBA,respectively, in order to meet the City of Palm Desert 45 CNEL interior noise standard. The analysis for the buildings was based on soft site conditions. Detailed engineering calculations which demonstrate the noise reduction levels are necessary for residential building attenuation requirements of greater than 20 dB. An indoor noise analysis is required to determine the need for building upgrades when detailed architectural plans become available, and prior to issuance of grading permits. With windows open, the building outdoor to indoor noise reduction falls to 12 dBA. Therefore windows must be closable for units experiencing an outdoor noise level greater than 57 CNEL. In order to assume windows can remain closed to achieve this required attenuation, adequate ca cn 6 ft Barrier I r 17 IN ti 5.5 ft Barrier 19 m Monterey Avenue"' 1.- 4-. to Mestre Greve Associates Tract 27882 Page 7 ventilation with windows closed must be provided per Uniform Building Code. This can be achieved with mechanical ventilation to provide fresh air. The system must supply two air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air inlet duct shall be of sound attenuating construction and shall consist of a minimum of ten feet of straight or curved duct, or six feet plus one sharp 90 degree bend. Air conditioning may be adequate substitute for mechanical ventilation as long as it meets the UBC (Section 1205 (c))requirements. Mechanical ventilation is required for all units of the buildings in Lots 13 through 18. Lots 30 through 32 as well as the first row of the units in Lots 1 through 12 facing Monterey Avenue: and all units of the buildings in Lots 56 57 and 63 as well as the first row of the units in Lots 61 62 Lots 50 through 55 facing Country Club v Mestre Greve Associates Tract 27882 Page 8 APPENDIX DATA USED TO DESIGN NOISE BARRIERS Cross Road Distance Base Of Dist. To Pad Observer Wall Section Elevation To Wall Wall Observer Elevation Height Height ALONG MONTEREY AVENUE 12 226.5 110 226 115 226 5 5.5 13 226.5 75 227.2 80 227.2 5 6.0 17 226.92 75 228.5 80 228.5 5 6.0 31 228.7 75 229.5 80 229.5 5 6.0 ALONG COUNTRY CLUB DRIVE 63 216 75 217 80 217 5 6.0 56 216.4 117 222.6 122 222.6 5 6.0 57 216.4 140 223 145 223 5 5.5 i RIVERSIDE COUNTY rKIFORNIA e oo hS FIRE DEPARTMENT oE��ei rnoieC r IN COOPERATION WITH THE S 0UNTYm CALIFORNIA DEPARTMENT OF FORESTRY C I I II1y R/VERSIDE ....�;- AND FIRE PROTECTION t) MI_KE J IWRI SN FOR F FIRE CHIEF RIVERSIDE COUNTY FIRE 210 WEST SAN JACINTO AVENUE COVE FIRE MARSHAL PERRIS,CALIFORNIA 92370 70-801 HWY 111 TELEPHONE(714)657-3183 RANCHO MIRAGE,CA 92270 (619) 346.1870 TO: Steve Smith, Project Planner 1-11-95 FROM: Mike Mc Connell, Fire Marshal SUBJECT: Tract No. 27882-1, 27882-2 Dear Steve, Per a request from Mark Stringer representing K.W.C. Engineers, I have reviewed the water plans (for the above tract numbers and find them in compliance with fire department requirements. I I I`'° & " Mike Mc Connell Fire Marshal pnnfedmmycletlpeper I / ENGINEERS, INC. CIVIL ENGINEERS,PLANNERS AND CONSTRUCTION CONSULTANTS TRANSMITTAL TO: Riverside County Fire Dept . J.N. 93 .426 .4 . 20 70801 Highway 111 DATE: Jan 5 , 1995 Rancho Mirage, California 92270 ATTN: Mike McConnell , Fire Marshall RE: Tract No. 27882 ,- City of Palm Desert FOR YOUR FILES PER YOUR REQUEST X FOR REVIEW AND COMMENT FOR YOUR INFO FOR APPROVAL ITEMS SENT: Two copies Tract No. 27882-1, 27882-2 Water plane REMARKS: Please review and comment . If plans are acceptable, rplease r-issue a ter of clearance-to"City°'of Palm Desert Department of Community Development , Steve Smith, Project Planner. RESPECTFULLY SUBMITTED, K.W.C. ENGINEERS, INC. Mark St_ er As ' t t Project Manager MS/sl 1269 W. POMONA ROAD, SUITE 104• CORONA, CALIFORNIA 91720 • (909) 734-2130 • FAX (909) 272-3308 0pal] �Q� , . 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 September 16, 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27882 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MAYER TRUST for. a.-proval of a tentative tract map for 12R residential lots consisting of 127 residential condominium lots having an average lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 Ld C� Q e FR W S/NAM DR. PROJECT LOCAT/ON IK COUNTR CLUB DR. DR. 0 NO✓LEY LN. Q: QP V/C/N/TY MAP W T.S. SAID public hearing will be held on Tuesday, October 4, 1994 , at 7 :00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons- are invited to attend and be heard. Written comments Concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 : 00 a.m. and 5 :00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ , Secretary September 21, 1994 Palm Desert Planning Commission 6���� 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 September 16 , 1994 CITY OF PALM DESERT LEGAL NOTICE CASE NO. . TT 27882 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by ROBERT L. MAYER TRUST for approval of a tentative tract map for 128 residential lots consisting of 127 residential condominium lots having an average lot area of 7500 square feet and one ( 1) 9 . 1 acre lot for future residential development. and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast corner of Monterey Avenue and Country Club Drive, more particularly described as : APN 620-180-003 w C7 a Q FRANK I I S/NWR4 OR. \ PRO✓ECT LOC4T/ON e COUNP?Y CLUB DR. �GEWOO 0 �Gj� ' o U 2� NOVLEY LN. uln Of QP I//C/N/TY MAP N.T-S. SAID public hearing will be held on Tuesday, October 4, 1994, at 7 : 00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons- are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to _ the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 8 : 00 a.m. and 5 : 00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council ) at, or prior to, the public hearing. PUBLISH: Desert Post RAMON A. DIAZ , Secretary September 21, 1994 Palm Desert Planning Commission 11.'20 ,93 15:24 ^p714 272 3:308 Kl�u I-NW.NLERS PlUV-Z9-33 SON t8. :5 C, 0, TITLE FAX h0. 8241049 P. 03/03 ORANGE COAST TITLE CO. DATA: NOVEMBER 29 , 1993 ORDER \40; TO. i PL LI, 7L'� CalA..ISSION F'GR' TE CITY/CDMZZC OF: PALM DESERT G�? aCi CDAST TIT ME CCMPA2%-f Ines .coroil� t`.z accc�;.� ying data .ray .gt oliC lnfo=,.atic:t Sol:rces. AlthoL'Ci: every ef-fcrt haS been made to nrovide current, accl=!ta i1;==ati=, Cert3' i.':LC=.acl-e5 ere _nher-ant is•the CO.:y-l�tlOn GroCesy. CR'N COAST TTTI-7.. COMPANY _s L.awere of the o1:r70Be fcr t.'.jjC f tite accor=arying data i:as teen re;uestad. Bacat se oP the wide variety of lises for ti,e accCr_'E .ying data, it is iT�rectic 1 and extremely difficult to fix the act;2l daraCes, if a.^yt CTtiCh flay result for inacelracies therein. E'urthen,nore, the fee c-rar;,ed for tire' complication of the accor.>:anying data is irsu=ficient to warrant "'ORANC COAST T- rL? COri?W.0 asstming any risk of Cons�uential cr other dareces caused by Cft?*<m COASY =l L3 =TAS%'s neaieeaee er other failura is arovtda zcc-aran ia_a. in 1 !^.:.t cf Lie forescinC, the V'mder_iC:.0 ZGr{c9 t:S %:clei=� 050ti4ca =.X= TITLECENi?.W1' irCm azy li 1I1tV for 1t.8 'S=!tSence or 0"her failure to �r�V'de eCCL'rate dat.A. in EXC253 Cf the =2e�C'_C,r.'.. £GL• t.^.8 C.%�-iletfcn ci the 2.c COSnTnyi(Ig da:'_. stirti.e�o=er in recocnitiOz of ti,e fact tat the _ ac--O=l--lying data ray lx trat34,!fLyl to thirl par iz-51 t:.e L' derSiCi.ed aCrees ' not eliminate this disclosure frcrn the data. :w f SU&TEXT PROP.�'Yi .. - ArSES:3'5 'r:3CFL tic. 620-180=003 -.OGRESS 1= A2?L7, ;,BLB 39 . 54 ACRES SW 1/4 of SEC S T5S R6E Cl,h—�RSB?P: _:5: c= r-^-- cf lc`.^.G's 70Ca=e-dwith?-- a 400 iA�:3CllS Cf s':.Dj--Ct �_Gc2__yr tCC°t..=. . .1 a zap sh. +=CC 9d: S3C i. is i (Property Owner's Certification Form on reverse) PROPERTY OWNERS CERTIFICATION' ROBERT K TROUT certify that on (Print Name) NOVEMBER 29 , 1993 the attached property owners list was (Date) prepared by ORANGE COAST TITLE (Print Company or Individual's Name) pursuant to application requirements furnished.by the Riverside County Planning Department. Said list is a complete and true compilation of the owners of the subject 400 property and all other property owners within�5<feet.of the property involved, or if that area yields less than 25 owners, all property owners within a notification area expanded to yield a minimum of 25 owners, to a maximum notification area of 2400 feet from the project boundaries, based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge; I understand that incorrect or erroneous information may be grounds for rejection or denial of the application. NAME: TITLEIREGISTR,AJION: ADDRESS: PHONE (8 a.m. to 5 p.m.) ( ) " DATAOUICK INFORMATION NETWORK REPORT A A } Riverside " Prepared for : Provided by : ORANGE COAST TITLE Account Rep : 1060 E WASHINGTON ST . STE . 200 Prepared by : COLTON , CA 92324 Farms - 5 line : records 1 to 29 Labels Requested Y „ --- Search Criteria --- Parcel Number. 620180003 OR 620180018 . . 620180019 OR 622020001 . . 622020002 OR 618460024 . . 618460026 OR 618480016 . . ' 618480017 OR 618480020 . . 618480021 OR 618020003 OR 622031001 . . ' 622031002 OR 622031011 OR 622033015 . . ' 622033019 OR 622033022 . . 622033029 h % R k R Y k X Y Y • k 29 matching properties were found The following report was processed using the above parameters and was provided by of ORANGE COAST TITLE Page 1 ----------------------------------------------------------------------------— 1 ) Prcl : 618-020- 003 Site : Ownr : TROY , NANCY J&WILLIAM Mail : 835 MYRTLE AVE'BROOKLYN NY 11206 Use : VAC PROBABLE RE Ph : Zn : R1 Sale : Date : 11/01/80 Loans : Xmpt : Yb : Sgft : Asd : $889 , 105 Imp : O% Un : Doc# : 211845 Tr : 00000-00 Lot : P-0001 Bdrms : Bths : Lotsz : 58 . 92 A ------------------------------------------------------------------------------ 2 ) Prcl : 618-460-024 Site : Ownr : TREMBLAY , C E&NANCY Mail : 75755 CALLE TRANQUILIDAD` INDIAN WELLS C 92210 Use : VAC RESIDENTIAL Ph : Zn : CP Sale : $350 , 000F Date : 04/01/90 Loans : Xmpt : Yb : Sgft : Asd :$371 , 422 Imp : O% Un : Doc# : 135123 Tr : - Lot : - Bdrms : Bths : Lotsz : 4 . 34 A ------------------------------------------------------------------------------ 3 ) Prcl : 618-460-025 Site : Ownr : GENERAL TELEPHONE CO Mail : 1 GTE PL 3601 ' 1-11OUSAND OAKS CA 91362 Use : VAC DESERT LAND Ph : Zn : CP Sale : Date : 01/01/82 Loans : Xmpt : Yb : Sgft : Asd : $21 , 345 Imp : O% Un : Doc# : 677 Tr : 00000-00 Lot : P-0001 Bdrms : Bths : Lotsz : 20 , 037 ------------------------------------------------------------------------------ 4 ) Prcl : 618-460-026 Site : Ownr : GENERAL TELEPHONE CO Mail : 1 GTE PL 3601 " THOUSAND OAKS CA 91362 Use : VAC DESERT LAND Ph : Zn : CP Sale : Date : 01/01/82 Loans : Xmpt : Yb : Sgft : Asd : $183 , 763 Imp : O% Un : Doc# : 677 Tr : 00000-00 Lot : P-0002 Bdrms : Bths : I Lotsz : 3 . 96 A ------------------------------------------------------------------------------ 5 ) Prcl : 618-480-016 Site : 39780 VISTA DUNES RD'RANCHO MIRAGE CA 92270 Ownr : SHERNOFF , WILLIAM M Mail : 600 S INDIAN HILL BLVD ` CLAREMONT CA 91711 Use : SINGLE RESIDENC Ph : Zn : R1 Sale : Date : 12/01/87 Loans : Xmpt : Yb : 1989 Sgft : 4 , 926 Asd : $2 , 002 , 498 Imp : 72% Un : l Doc# : 362257 Tr : - Lot : - Bdrms : 2 Bths : 2 . 0 Lotsz : 4 . 76 A ------------------------------------------------------------------------------ 6 ) Prcl : 618-480-017 Site : Ownr : ANDERMAN , LILLIAN R&SA Mail : 1440 HILLVIEW CV 'PALM SPRINGS CA 92264 Use : VACANT MISC Ph : Zn : Rl Sale : Date : Loans : Xmpt : Yb : Sgft : Asd : $298 , 249 Imp : O% Un : Doc# : Tr : - Lot : - Bdrms : Bths : Lotsz : 4 . 24 A -------------- ---------------------------- - ----------------------------------- 7 ) Prcl : 618-480-020 Site : Ownr : DANIEL , IRENE Mail : 211 DESERT LAKES DR "RANCHO MIRAGE CA 92270 Use : VAC RESIDENTIAL Ph : Zn : CP Sale : $525 , 000F Date : 03/01/90 Loans : Xmpt : Yb : Soft : Asd : $557 , 134 Imp : O% Un : Doc# : 113394 Tr : - Lot . - Bdrms : Bths : Lotsz : 4 . 34 A ---------------------------- -------------------------------------------------- 8 ) Prcl : 618-480-021 Site : Ownr : MAHLER , RICHARD J Mail : PO BOX 4079 'PALM SPRINGS CA 92263 Use : VAC RESIDENTIAL Ph : Zn : CP Sale : Date : Loans : Xmpt : Yb : Sgft : Asd : $201 , 171 Imp : O% Un : Doc# : Tr : - Lot : - Bdrms : Bths : Lotsz : 3 . 88 A ------------------------------------------------------------------------------ 9 ) Prcl : 620-180-003 Site : Ownr : MAYER , ROBERT L Mail : PO BOX 8680 ' NEWPORT BEACH CA 92658 Use : VACANT MISC Ph : Zn : R1 Sale : Date : 11/01/87 Loans : $1 , 890 , 000 Xmpt : Yb : Sgft : Asd : $2 , 814 , 277 Imp : O% Un : Doc# : 329486 Tr : - Lot : - Bdrms : Bths : Lotsz : 39 . 54 A ------------------------- --------------------------------------- -------------- 10 ) Prcl : 620-180-018 Site : 73450 COUNTRY CLUB DR " PALM DESERT CA 92260 Ownr : BEFELD , GERHARD&MARIE Mail.: 73450 COUNTRY CLUB DR" PALM DESERT CA 92260 Use : Ph : Zn : Sale : Date : Loans : Xmpt : Yb : Sgft : Asd : $8 , 390 , 075 Imp : 54% Un : Doc# : Tr : - Lot : - Bdrms : Bths : Lotsz : 107 . 14 A ---------------- Cogyright ( c ) 1993 Dataquick Information Network Page 2 ------------------------------------------------------------------------------ 11 ) Prcl : 620-180-019 Site : Ownr : BEFELD , GERHARD&MARIE Mail : 73450 COUNTRY CLUB DR " PALM DESERT CA 92260 Use : Ph : Zn : Sale : Date : Loans : Xmpt : Yb : Sgft : Asd : $736 , 018 Imp : O% Un : Doc# : Tr : - Lot : - Bdrms : Bths : Lotsz : 12 . 35 A ------------------------------------------------------------------------------ 12 ) Prcl : 622-020-001 Site : 73255 COUNTRY CLUB DR" PALM DESERT CA 92260 Ownr : FOUNDATION FOR RETARD Mail : 73255 COUNTRY CLUB DR*PALM DESERT CA 92260 Use : MISC . COMMERCIA Ph : Zn : P Sale : Date : 10/01/76 Loans : Xmpt : Yb : Sgft : Asd : $983 , 772 Imp : 96% Un : 1 Doc# : 147689 Tr : - Lot : - Bdrms : Bths : Lotsz : 7 . 29 A --------------------------------------------------------------------------- -- 13 ) Pr-cl : 622-020-002 Site : 73315 COUNTRY CLUB DR* PALM DESERT CA 92260 Ownr : HOUSING AUTHORITY OF Mail : 5555 ARLINGTON AVE "RIVERSIDE CA 92504 Use : COMM 4+ APTS Ph : Zn : R1 Sale : $350 , 000P Date : 12/01/88 Loans : Xmpt : Yb : Sgft : Asd : $6 , 884 , 999 Imp : 81% Un : 150 Doc# : 379291 Tr : - Lot : - Bdrms : Bths : Lotsz : 7 . 25 A ---------------------- -------------------------------------------------------- 14 ) Prcl : 622-031-001 Site : 40024 SAGEWOOD DR*PALM DESERT CA 92260 Ownr : KAWAGUCHI , MITSUKAZU&T Mail : 40024 SAGEWOOD DR*PALM DESERT CA 92260 Use : SINGLE RESIDENC Ph : (619 ) 346-5355 Zn : R2 Sale : $185 , 000F Date : 06/23/92 Loans : $148 , 000 Xmpt : Y Yb : 1982 Sgft : 2 , 155 Asd : $189 , 516 Imp : 78% Un : 1 Doc# : 230173 Tr : 11791-00 Lot : L-0043 Bdrms : 4 . Bths : 2 . 0 Lotsz : 8 . 712 ------------------------------------------------------------------------------ 15 ) Prc1 : 622-031-002 Site : 40032 SAGEWOOD DR * PALM DESERT CA 92260 Ownr : SCHWARTZ , RONALD I &ARL Mail : 40032 SAGEWOOD DR * PALM DESERT CA 92260 Use : SINGLE RESIDENC Ph : Zn : R2 Sale : $172 , 50OF Date : 07/01/89 Loans : $155 , 250 Xmpt : Y Yb : 1982 Sgft : 1 , 824 Asd : $178 , 600 Imp : 81% Un : 1 Doc# : 238000 Tr : 11791-00 Lot : L-0044 Bdrms : 3 Bths : 2 . 0 Lotsz : 8 , 712 --------------------------—--------------------------------------- ----------- 16 ) Prcl : 622-031-011 Site : Ownr : SILKTREE HOMEOWNERS A Mail : 3732 MOUNT DIABLO BLVD 309 *LAFAYETTE CA 94549 Use : VAC PROBABLE RE Ph : Zn : R2 Sale : Date : 08/01/80 Loans : Xmpt : Yb : Sgft : Asd : $7 , 106 Imp : O% Un : Doc# : 156555 Tr : 11791-00 Lot : L-0103 Bdrms : Bths : Lotsz : ----------------------------------------------------------------------- ------- 17 ) Prcl : 622-033-015 Site : 4O045 SAGEWOOD DR* PALM DESERT CA 92260 Ownr : HILL , SAMUEL H&ROSE E Mail : 40045 SAGEWOOD DR *PALM DESERT CA 92260 Use : SINGLE RESIDENC Ph : Zn : R2 Sale : Date : 12/01/83 Loans : Xmpt : Y Yb : 1982 Sgft : 1 , 824 Asd : $149 , 379 Imp : 78% Un : 1 Doc# : 252004 Tr : 11791-00 Lot : L-0038 Bdrms : 3 Bths : 2 . 0 Lotsz : 8 , 712 ------------------------------------------------------------------- ----------- 18 ) Prcl : 622-033-016 Site : 40041 SAGEWOOD DR * PALM DESERT CA 92260 Ownr : YEAGER , THOMAS E&PEGGY Mail : 40041 SAGEWOOD DR* PALM DESERT CA 92260 Use : SINGLE RESIDENC Ph : Zn : R2 Sale : Date : 10/01/83 Loans : Xmpt : Y Yb : 1982 Sgft : 1 , 824 Asd : $148 , 184 Imp : 79% Un : 1 Doc# : 214259 Tr : 11791-00 Lot : L-0039 Bdrms : 3 Bths : 2 . 0 Lotsz : 8 , 712 ------------------------- ----------------------------------------------------- 19 ) Prcl : 622-033-017 Site : 40033 SAGEWOOD DR *PALM DESERT CA 92260 Ownr : TANNER , VAN G&JUDY S Mai '1 : 40033 SAGEWOOD DR *PALM DESERT CA 92260 Use : SINGLE RESIDENC Ph : ( 619 ) 568-4106 Zn : R2 Sale : Date : 12/01/83 Loans : $12 , 100 Xmpt : Y Yb : 1982 Sgft : 2 , 155 Asd : $166 , 213 Imp : 80% Un : 1 Doc# : 203305 Tr : 11791-00 Lot : L-0040 Bdrms : 4 Bths : 2 . 0 Lotsz : 8 . 712 ------------------------------------------- ----------------------------------- 20 ) Prcl : 622-033-018 Site : 40027 SAGEWOOD DR * PALM DESERT CA 92260 OWnr : SCHREIBER , DAVID P Mail : 1520 E MAPLEWOOD CT * LITTLETON CO 80121 Use : SINGLE PESIDENC Ph : Zn : R2 Sale : $167 , 000 Date : 07/29/93 Loans : $133 , 600 Xmpt : Yb : 1982 Sgft : 1 , 824 Asd : $162 , 362 Imp : 82% Un : 1 Doc# : 295165 Tr : 11791-00 Lot : L-0041 Bdrms : 3 Bths : 2 . 0 Lotsz : 8 , 712 ------------------------------------------ --------------- ---------------- ----- Copyright ( c) 1993 Dataquick Information Network Page 3 -------------------- ---------------------------------------------------------- 21 ) Prcl : 622-033-019 Site : 40021 SAGEWOOD DR* PALM DESERT CA 92260 Ownr : FUKUDA , HIROSHI &FRANKI Mail : 12361 LOUISE ST*GARDEN GROVE CA 92641 Use : SINGLE RESIDENC Ph : Zn : R2 Sale : Date : 03/01/84 Loans : Xmpt : Yb : 1982 Sgft : 1 , 712 Asd : $143 , 404 Imp : 77% Un : l Doc# : 56940 Tr : 11791-00 Lot : L-0042 Bdrms : 3 Bths : 2 . 0 Lotsz : 8 , 712 ------ --------------------------------- --------------------------------------- 22 ) Prcl : 622-033-022 Site : 73101 COUNTRY CLUB DR * PALM DESERT CA 92260 Ownr : LUCKY STORES INC Mail : PO BOX BB*DUBLIN CA 94568 Use : SUPERMARKET Ph : Zn : PC Sale : Date : + Loans : Xmpt : Yb : Sgft : Asd : $4 , 048 , 933 Imp : 71% Un : Doc# : Tr : 00000-00 Lot : P-0001 Bdrms : Bths : Lotsz : 4 . 55 A ----------------------------------------—----- ------------------------------- 23 ) Prcl : 622-033-023 Site : 73091 COUNTRY CLUB DR* PALM DESERT CA 92260 Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR*SAN GABRIEL CA 91776 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $894 , 180 Imp : 68% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0002 Bdrms : Bths : Lotsz : 37 , 026 ------------------------------------------------------------------------------ 24 ) Prcl : 622-033-024 Site : 73111 COUNTRY CLUB DR * PALM DESERT CA 92260 Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR*SAN GABRIEL CA 91776 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $730 , 564 Imp : 66% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0003 Bdrms : . Bths : Lotsz : 29 , 620 ------------------------------------------------------------------------------ 25 ) Prcl : 622-033-025 Site : 73131 COUNTRY CLUB DR* PALM DESERT CA 92260 Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR*SAN GABRIEL CA 91776 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $750 , 600 Imp : 66% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0004 Bdrms : Bths : Lotsz : 30 , 492 ------------------- ----------------------------------------------------------- 26 ) Prcl : 622-033-026 Site : 73161 COUNTRY CLUB DR*PALM DESERT CA 92260 Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR* SAN GABRIEL CA 91776 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $729 , 634 Imp : 72% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0005 Bdrms : Bths : Lotsz : 24 , 829 ---------------------------------------------------------------- - 27 ) Prcl : 622-033-027 Site : 73121 COUNTRY CLUB DR PALM DESERT CA 92260 Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR * SAN GABRIEL CA 91776 Use : MISC . COMMERCI.A Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $443 , 036 Imp : 70% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0006 Bdrms : Bths : Lotsz : 18 , 730 ---------------- -------------------------------------------------------------- 28 ) Prcl : 622-033-028 Site : 73001 COUNTRY CLUB DR *PALM DESERT CA 92260 Ownr : MOBIL OIL CORP Mail : PO BOX 290 * DALLAS TX 75221 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85 Loans : Xmpt : Yb : Soft : Asd : $1 , 295 , 757 Imp : 54% Un : Doc# : 89336 Tr : 00000-00 Lot : P-0007 Bdrms : Bths : Lotsz : 34 . 848 ----------------------------------------------------------------- 29 ) Prcl : 622-033-029 Site : Ownr : MONTEREY PARTNER LTD Mail : 110 W LAS TUNAS DR * SAN GABRIEL CA 91776 Use : MISC . COMMERCIA Ph : Zn : PC Sale : Date : 04/01/85+ Loans : Xmpt : Yb : Sgft : Asd : $527 , 610 Imp : 57% Un : Doc# : 83412 Tr : 00000-00 Lot : P-0008 Bdrms : Bths : Lotsz : 21 , 344 ---------------------------------------------------------- -------------------- Copyriaht ( c ) 1993 Dataquicl, Information Network RECEIVED Southern California Edison Company P. O. BOX 410 CITY CI_ERW S OFFICE 100 LONG BEACH BOULEVARD LONG BEACH. CALIFORNIA 90801 REAL PROPERTIES TELEPHONE AND (310)401-2W7 ADMINISTRATIVE SERVICES Honorable City Council SEPT'EMBER 27, 1994 CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 Attention: COUNCIL Members SUBJECT: Tentative Tract Map No. 27882-1 Piease be advised that the division of the property shown on Tentative Tract Map No. 27882-1 will not unreasonably interfere with the free and complete exercise of any easement(s) held by Southern California Edison Company within the boundaries of said Tentative Tract map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Phyllis Herweg (310) 491-2570. Sincerely, PHYLLIS HERWE Land Information Specialist MKK/PH cc: Sandee Dodgen P. 03 t" AUTOMATIC COVER SHEET DATE : SEP- 16-94 FRI 10 : 32 TO : CITY OF PALM DESERT FAX 3417098 FROM : PALM DESERT POST FAX # e 6197735400 03 PAGES WERE SENT ( INCLUDING THIS COVER,/ PAGE ) SEP.16-94 FR 10 31 PALM DESERT POST FAX NO, 6197736400 P10] A ID : SEP 16194 10 : 14 No .004 P .01 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(®19)34&W11 September 15, 1994 CITY Or PALM DESERT LK"L NOTICE CASE NO. TT 2788Z NOTICE IS HEREBY oIvEN that a public hearing will be held before the Palm Desert Planning commission to consider a request by ROBERT L. MAYER TRUST for approval of a tentative tract map for 128 residential lots consisting of 127 residential condominium iota staving an average lot area of 7500 square feet and one (1) 9. 1 acre lot for future residential development and approval of a negative declaration of environmental impact as it pertains thereto for property located at the northeast cerner of Monterey Avenue and country Club Driver more particularly described ass APN 620-180-003 7671 �— pnot•H'Fax Note Fes, to CO. . ooiDapt• Ss AOO NB �✓ REG�IVEO 5EF 1 G 199�r SAID public hearing will be held on Tua October 1 D q allay. O ober 4, 994, at 100 SEP-16-94 FRI i0:32 PALM DESERT POST FAX NO. 6197735400 . P102 SAID public hearing will be held on Tueaday, October 4, 1994, at 7 :00 p.m, in the Council Chambne at the Palm DeRPrt Civic Canter, 73-510 Fred Waring Drive, Palm Ae®ert, California, at which time and place all Interested persons. are invited to attend and bR heard. Written comments concerning all items covered by this public hearing notice ahall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of community development/ planning at the above address between the hours of 0:00 a.m, and 5 :00 p.m, Monday through Friday: If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raisod at the public hearing described in this notice, or in written correspondence delivered to the planning commiesion (or city council) at, or prior to, the public hearing. PUBLISHI Desert post RAMON A. DIAS, Secretary September 211 1094 Palm Desert Planning Commission City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE 1760) 346-0611 FAX(760)340-0574 February 20, 1998 Mr. Darryl Hoover Diamond West Homes Inc. 18831 Von Karman, Suite 100 Irvine, CA 92612 Re: TT 27882 Dear Sir: The approval of the above noted tentative map was subject to various conditions. Condition #13 of Resolution #1665, copy attached, reads as follows: That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 21 through 40 inclusive as shown on tentative tract map TT 27882 as revised September 26, 1994, that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 21 through 40 inclusive of the potential impacts from stray golf balls. Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge in writing that he/she has previously been advised of this verbally. Copy of said written disclosure signed by buyer to be filed with the city within ten (10) days of close of escrow. The lots in question have been renumbered on the final map and are now identified as Lots 11 through 30 inclusive (see attached assessors map). As of this time we have not had an opportunity to review the disclosure form nor have any signed copies of the form been filed with the City as required in Condition#13. PwycME PepN >jii1. Mr. Mike Morey February 20, 1998 Page 2 Please forward to us within 7 days signed copies of the,disclosure form for Lots 12 and 16 and any other lots which have been sold. Thank you for your cooperation in this matter. Sincerely, Stephen R. Smith Planning Manager SRS:cr Enclosure City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 FAX(760)340-0574 November 18 1997 Douglas A. Hill Diamond West Homes 18831 Von Karman, Suite 100 Irvine, California 92612 FAX (714) 253-9929 RE: Wall at 284 Strada Nova in Merano Dear Mr. Hill: With the removal of one course of block, the rear wall at 284 Strada Nova will be in compliance with the city's height requirement for the perimeter wall. Hopefully this modification will represent the final resolution of this controversy. Sincerely, � PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT /tm cc: Neridah Brandstater Pepx CITY OF PALM DESERT ID :619-341-7098 NOV 18 ' 97 15 : 49 t: TRANSMIT CONFIRMATION REPORT NO . 002 RECEIVER 714 253 9929 TRANSMITTER CITY OF PALM DESERT DATE NOV 18 ' 97 15 : 49 DURATION 00 ' 33 MODE STD PAGES 01 RESULT OK City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 FAX(760) 340-0574 November 18, 1997 Douglas A. Hill Diamond West Homes 18831 Von Karman, Suite 100 Irvine, California 92612 FAX (714) 253-9929 RE: Wall at 284-Strada Nova in Merano Dear Mr. Hill: With the removal of one course of block, the rear wall at 284 Strada Nova will be in compliance with the city's height requirement for the perimeter wall. Hopefully this modification will represent the final resolution of this controversy. Sincerely, T- 0 PHILIP DRELL DIRECTOR OF COMMUNITY DEVELOPMENT Am cc: Neridah Brandstater RecycleO Paper City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(760)346-0611 FAX(760) 340-0574 November 12, 1997 Ms. Neridah Brandstater 284 Strada Nova Palm Desert, California 92260 Dear Ms. Brandstater. The City of Palm C" (Cr - -r ' r • ' . d nt to your home in Merano is five feet � the 7o;t r u, �u.�s Sincerely, 5 /e PHILIP DRELL DIRECTOR OF COMP 1 ,;.,17Y r, /tm ,2 y s� Pppx FERGUSON & BERNHEIMER 77 ATTORNEYS&COUNSELORS AT LAW CIVIC CENTER PARK SACRANIENTO OFFICE: 73710 FREG WARING DRIVE,SUITE 208 455 CAPITOL MALL,SUITE 801 PALM DESERT,CALIFORNIA 92260 SACRAMENTO,CALIFORNIA 95814 (619)776-8233 PHONE (619)776-8255 FAN (916)444-8237 PHONE (916)444-8648 FAX April 28, 1997 HAND DELIVERED Mr. Phil Drell Plannin-g Director City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Re: Merano Subdivision Development Dear Phil : As you know, Suncrest Country Club ("Suncrest") has been in an ongoing dispute with Mr. Robert L. Mayer and his related companies, Avondale Corporation and Jascorp regarding the construction of perimeter walls at the above-referenced property. Recently, we learned that Mayer was selling his interest in Merano to Hoover Related Companies Incorporated. The purpose of this letter is to document the salient aspects of Suncrest' s dispute with Merano and to provide public record notice of same to any prospective purchasers of this property. Merano abuts Suncrest Country Club to the north and to the east . With the respect to the northern perimeter, issues concerning the retaining and perimeter aspects of this wall were resolved by the Architectural Review Commission at its meeting on March 11, 1997 . With respect to the eastern perimeter, the southern portion of this wall was constructed pursuant to a Wall Detail Map jointly negotiated between Suncrest and Merano approximately two years ago and with some minor deviations was constructed in a manner acceptable to Suncrest . However, the same cannot be said for the construction of the northern portion of this wall . We believe this wall has been improperly constructed for a variety of reasons as follows : REC:..AS unuest\Mayer\Dre11.1tr r:. FERGUSON & BERNHEIMER Mr. Phil Drell April 28, 1997 Page 2 1 . No plans were ever submitted to the City for the retaining/perimeter portions of this wall, and no certified state engineer has approved its construction. Rather, a mishmash of over-the-counter plans have been cut and pasted together in a creative attempt to circumvent the permitting/inspection process . In several areas of this wall, six inch (6") ungrouted slumpstone block is being used to retain more than two feet (2 ' ) of dirt; 2 . This wall does not measure six feet from Suncrest' s elevation as previously represented by Avondale. In fact, in some areas this wall is as low as four feet (4 ' ) . We have been informed by our engineers that the additional courses of slumpstone required to raise the elevation of this wall to six feet would seriously compromise the existing foundation because it can not bear the increased weight and wind load associated with this retrofit . 3 . This wall was not waterproofed and backfilled with pea gravel, but rather backfilled with blow sand in a manner which also further undermines the structural integrity of the wall. Blow sand without any percolation for drainage is not appropriate for this wall and does not meet other retaining specifications previously submitted to the City by Avondale (e.g. , Wall and Fencing Layout Plan submitted March 3, 1997 and Merano Retaining Wall Specifications submitted April 22, 1997 . ) This section of wall runs parallel with a row of 12 to 15 foot high oleanders. The rood- structure and hydraulic pressure associated with the constant irrigation of these trees makes blowsand a totally inappropriate material for backfill purposes . Due to the aforementioned conditions, this wall was inspected by Avondale Corporation on December 6, 1996 . At the time, we were reassured by Mr. Riley Robinson of Avondale that he would have his masonry contractor reinspect the wall and take appropriate remedial measures . No such remedial measures have ever been undertaken. We understand that the structural integrity of this wall is Avondale' s problem. However, when this wall falls over, it appears that Avondale may no longer be the owner and Hoover Related Companies Incorporated may not have been made aware of this situation. REC:...\Sun"esl\Mayer\Drel1Atr - .1 FERGUSON & BERNHEIMER Mr. Phil Drell April 28, 1997 Page 3 Accordingly, this letter will memorialize our concerns with respect to the construction of this portion of the wall and will again request that the City assure itself of the structural soundness, particularly of the retaining aspects, of this portion of Merano' s perimeter wall . Very truly yours, F7sato NHIRME JCF/dm J Ferguson cc: Mr. Pat Conlin Director of Building & Safety Suncrest Country Club REC:..ASuncrest\Maye\DmII.Itr 'i City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260.2578 TELEPHONE (619) 346.0611 FAX(619)341-7098 March 13, 199 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 27882 APPLICANT (AND ADDRESS): JASCORP, 119 Via Scena,Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised plans for interior perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: P.R. 7 Upon reviewing the submitted plans and presentations by staff and by the applicant,the architectural commission approved the wall as per the city's ordinance at a minimum height of 5 feet from the higher adjacent grade using masonry or plaster material. Date of Action: March 11, 1997 Vote: Carried ,A-0-1, Commissioner Gregory Abstaining, Commissioner Urrutia Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) --------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. ReryckO PeOer MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 11, 1997 2. CASE NO.: T 78$ APPLICANT (AND ADDRESS): CORP, 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised plans for interior perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue The representative for Suncrest Mobil Home Park, Mr. Rob Bernheimer, addressed the commission stating that the two parties could not come to an agreement on the open fencing. Mr. Drell indicated that Mr. Bernheimer's offer was now for the wall to be all block. .Mr. Bernheimer explained how Suncrest needs to be able to control the water run off and over-spray at their property line and they can not do this with an open fence. He added that if open fencing was approved their only option would be to provide their own screening by planting oleanders along the open fence to keep their water from going onto the Merano property. Mr. Bemheimer felt that if a block wall was approved up to 6'high, it would eliminate the over-spray. The applicant for Merano, Mr. Rily Robinson, disagreed as he felt that the over-spray would extend over the 6' high wall. Mr. Drell asked if there would be any situations where a resident at Merano would be looking at a wall higher than 6 feet. Mr. Robinson stated that there would be. Commissioner Holden felt that this was an unfortunate situation where the grading plan was not referred to when designing the wall. Mr. Drell noted that in the extreme case a Merano property owner would be looking at a 3' high planter, with 4' of block wall, and 3-1/2' of wrought iron. Commissioner Holden stated thatwhen the project was originally developed, the developer should have known that these conditions would exist. Commissioner Van Vliet stated that he did not have a problem with an open fence if both parties agreed, however since it is obvious that they cannot agree he would recommend approving an full block wall. Commissioner Connor agreed. Commissioner Gregory stated that he would agree with this recommendation if a provision could be made for a shorter wall on the three lots with the extreme slope situation(Lots 18, 19 and 20). Action: It was moved by Commissioner Holden, seconded by Commissioner Connor, to approve a solid wall as per the city's ordinance at a minimum height of 5 feet from the higher adjacent grade using masonry or plaster finish. Motion carried 4-0-1, Commissioner Gregory Abstaining and Commissioner Urrutia Absent. 11 ws. MINUTES ARCHITECTURAL REVIEW COMMISSION MARCH 11, 1997 Mr. Bernheimer asked that there be some sort of oversight when Jascorp does their grading. Mr. Robinson stated that he would not be willing to do any additional grading. Commissioner Holden informed Mr. Bernheimer that the commission does not enforce grading requirements. Mr. Bernheimer stated that a wall physically cannot be built on Lots 24, 25 and 26 because it would be lower than the dirt and therefore some grading will have to be done. He added that this will cause a visual impact greater than 6 feet from Suncrest's side of the wall. Mr. Drell stated that the ordinance talks about mitigating this issue with the use of wrought iron fencing. IV. ADJOURNMENT: The meeting was adjourned at 2:05 p.m. STEVE SMITH PLANNING MANAGER SS/db 12 City of Palma Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 February 27, 1 97 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 27882 APPLICANT (AND ADDRESS): JASCORP, 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of interior perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Upon reviewing the submitted plans and presentations by staff and by the applicant,the architectural commission continued the request until an accurate elevation is provided showing the change in heights, the varying amounts of block wall, and the stepping of the wall. Date of Action: February 25, 1997 Vote: Carried 4-0, Commissioners O'Donnell and Urrutia Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) --------------------------------------------------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Rerycbd Paper :f MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 25, 1997 Steve Buchanan presented the plans noting that this is on the back side of the former Columbia Savings building. Mr. Smith noted that it is shaded parking right now in that it is a former drive-thru when it was used for the bank. He indicated that they are adding 1750 square feet to the building and will need seven additional parking spaces for this size. Commissioner Holden indicated that they would need to see complete plans including landscaping,parking, and a site plan. Action: It was moved by Commissioner Connor, seconded by Commissioner Holden, to approve the preliminary plans subject to the applicant providing an accurate site plan, adequate parking, and a landscaping plan for final approval by staff. Motion carried 4-0, Commissioners O'Donnell and Urrutia Absent. C. Miscellaneous Cases: 1. CASE NO.: �Tj1�278822 APPLICANT (AND ADDRESS):�DRP711,19 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of interior .perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Phil Drell presented the plan to the commission indicating that it was the same plan that was before the commission last year. He asked the applicant if the hold harmless agreement was ever exchanged for the easement. The representative for Suncrest, Mr. Rob Bernheimer, stated that Jascorp wanted to record an easement towards Suncrest Mobile Home Park in order to build the wall and he felt that this easement would lower the property value of Suncrest. He indicated that his client asked for a hold harmless agreement and Jascorp came back asking for an easement to place an open fence in order to view the property of Suncrest. Commissioner Holden stated that if the proposed fence was built, Jascorp would have the right to view the golf course at Suncrest but that the property owners at Suncrest would only have the view 12 MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 25, 1997 of the back yards at Merano. Mr. Bernheimer stated that he would need a ten day notice before the issue could be addressed again at this commission as he would need to meet with his engineers and property owners. He added that he still did not know what Jascorp was asking for. The representatives for Jascorp,Mr.Rily Robinson and Mr. Jeff Otterman,indicated that it was the same request that they asked for in October 1996. Commissioner Holden stated that there are provisions in the city's ordinance for yard walls to be plaster finish or block wall. It does not allow for wrought iron on perimeter walls. Mr.Drell added that the ordinance specifies that the property owner who is not building the wall should not be looking at more than six feet of wall. Commissioner Holden stated that it would be a lot clearer if they could see an elevation showing the change in heights and the varying amounts of block wall. He added that they needed to see a section showing the stepping. Commissioner Holden indicated that it would be difficult for him to approve an open fence on an exterior wall. Commission determined that the plans as presented did not allow them to respond adequately to the concerns noted. They suggested that the applicant provide a complete plan along the north property line. Action: It was moved by Commissioner Connor, seconded by Commissioner Holden, to continue the request until an accurate elevation is provided showing the change in heights, the varying amounts of block wall, and the stepping of the wall. Motion carried 4-0, Commissioners O'Donnell and Urrutia Absent. 2. Mr. Smith presented preliminary colored elevations and material samples for a proposed gas station/food court at the northeast comer of Cook Street and Gerald Ford Drive noting that the item was not on the agenda,hence no action can be taken. He noted that the request would be going before the planning commission the following week and he would like to take this commissions input to that meeting. Mr. Smith noted that the `freeway overlay commercial zone' would be going before the city council at their March 13th meeting. The service station would be on the comer and would include a car wash and convenience store. The maximum height of the car wash structure is about 16 feet. Mr. Bert Bitanga of Frank Urrutia's office was present to answer questions on the architecture. Commissioner Connor noted that you can't even tell it is a gas station and thought it was an interesting concept. Commissioner Van Vliet liked the architecture of the building and asked how many 13 Cory of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX (619)341-7098 October 25, 1996 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 27882 APPLICANT (AND ADDRESS): JASCORP, 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of interior perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 The commission continued the case as the applicant was not present with agreement between the two parties concerned. Date of Action: October 22, 1996 Vote: Carried 6-0 (An appeal of the above action may b8 made in writing to the City Clerk of the City of Palm Desert within fifteen(15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda,new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. PetydeE Poeer MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 22, 1996 C. Miscellaneous: 1. CASE NO.: (TT27882 APPLICANT (AND ADDRESS): LJASCORP,-1'i9 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of interior perimeter wall LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Steve Smith reported that the case still continues as no agreement has been made. Action: It was moved by Commissioner Urrutia, seconded by Commissioner O'Donnell, to continue the case as requested by the applicant. Motion carved 6-0. 2. CASE NO.: TT 24984-2 APPLICANT (AND ADDRESS) FOXX DEVELOPMENT CORP. for THE GROVE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Report on City Council action of October 10, 1996 LOCATION: The Grove ZONE: PR-5 Steve Smith reminded the commission that this was regarding solar protection on the east and west elevations of the homes to be built in the last phase of The Grove. Mr. Smith reported that Mr. Foxx appealed the A.R.C.'s action of September 24, 1996 requiring solar protection stating that Title 24 has changed twice since 1991 when the original homes at The Grove were built. Mr. Foxx felt that his homes met the current Title 24 requirements and are far more energy 10 City ®f Pala Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 October 11, 1996 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 27882 APPLICANT (AND ADDRESS): JASCORP, 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a 5'6" interior-perimeter will (masonry/wrought iron combination) LOCATION: Merano Homes located north and east of the northeast comer of Country Club Drive and Monterey Avenue ZONE: PR-7 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission continued the request to allow the applicants to work out the details. Date of Action: October 8, 1966 Vote: Carried 4-0, Commissioners Connor and Gregory Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Re[yC1eJ Paper c MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 8, 1996 recommendation they can make is the action taken on August 13th, the Planning Commission will take that and decide accordingly. Once the Planning Commission approves the site plan with the conditions, the applicant would then appeal the architecture to the City Council. Commissioner Gregory stated that he wanted to make sure that the applicant understands what is needed to move ahead. Action: It was moved by Commissioner Holden, seconded by Commissioner Van Vliet,to reaffirm the Architectural Review Commission's action of August 13, 1996. Motion carried 5-0, Commissioner Connor Absent. Commissioner Gregory suggested that the Planning Commission communicate with this commission to assist is moving this project forward and ensure - communication. 2. CASE NO.:-TT 278872 APPLICANT (AND ADDRESS): 7JASCORP-1 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a 5'6" interior perimeter wall (masonry/wrought iron combination) LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Mr. Drell explained the proposal for masonry fencing along the north property line adjacent to Suncrest Mobile Home Park. He indicated that there is 4 feet of solid wall and 4 feet of wrought iron for a total of 8 feet with a section that has 6- 1/2 feet of solid wall and 4 feet of wrought iron for a total of 10-1/2 feet. Mr. Jim Ferguson, representative for Suncrest Mobile Home Park, explained their concerns and advised the commission that they have been working toward and agreement on what type of wall should be installed on the north perimeter wall. Due to complications, the agreement has not been finalized by the attorneys. Mr. Robinson, a representative for the Avondale Corporation, and Mr. Joe Swain of Jascorp, also addressed the commission with their concerns. 8 1 MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 8, 1996 Note: Commissioner Gregory left meeting at 2:15 p.m. Mr. Ferguson asked that the commission not approve the open style fencing until the agreement between the parties is finalized. Commission felt that the best solution was to let the parties work out the details among themselves. Mr. Drell concurred that the two parties should work together to resolve the issue. Action It was moved by Commissioner Van Vliet, seconded by Commissioner O'Donnell, to continue the request to October 22, 1996 to allow the applicants to work out the details. Motion carried 4-0, Commissioners Connor and Gregory Absent. - - 3. CASE NO.: CUP 95-6 APPLICANT (AND ADDRESS): RUDY ACOSTA, CITY OF PALM DESERT REDEVELOPMENT AGENCY, 73-510 Fred Waring Drive,Pahn Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Presentation of the Desert Willow maintenance facility LOCATION: South side of Frank Sinatra Drive between Portola Avenue and Cook Street ZONE: PR-5 Steve Smith reported that the presentation by the Redevelopment Agency was on the proposed maintenance facility at the city golf course currently under construction off Portola Avenue in Section 4. Mr. Acosta presented the lay-out of the Desert Willow Golf Course indicating that it was approximately 50% complete. The project he was showing the commission today was the maintenance facility which is accessed off Portola Avenue. Mr. Acosta explained that the building is approximately 12,000 square feet and is designed to accommodate two golf courses. Mr. Smith asked how they arrived at the number of parking spaces. Mr. Acosta replied that it was based on figures received from other maintenance facilities built in the city. He outlined the depths 9 AGENDA ITEM NO. IV-C-2 DATE: October 8, 1996 ARCHITECTURAL COMMISSION CASE NO: TT 27882 APPLICANT (AND ADDRESS) : JASCORP, 119 Via Scena, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of a 516" foot interior perimeter wall (masonry/wrought iron combination) LOCATION: Merano Homes located north and east of the northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 DISCUSSION: Typically interior perimeter subdivision walls are required to be six foot masonry. The applicant wishes to construct an open style fence so that his perimeter lots will have a view of the Suncrest Mobile Home Park golf course. We are aware of an objection to the open fencing by the owner of Suncrest for liability reasons . While there has been negotiations between the two parties to resolve the liability concern they do not appear to have been successful . PD/tm ARV TECTURA% REV EW Dept. of Planning and Community Development oq Palo 0M o 0 ( 0 n 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 Spa-rLP Applicant 1 please print) l ig A (6i9) 999-ogi8 Mailing Address Telephone City - State Zip-Coos REQUEST! I Describe specific nature of approval requested I. FT PROPERTY DESCRIPTION: ' ASSESSORS PARCEL NO. . MER-AnrO a- '77L � z78�0 2— EXISTING ZONING -PR - 7 Property Owner Authorization The undersigned states that they are the owner Is) of the property described herein and hereby give author- ization for the filing of this application. Signature Date Agreement absolving the City of Palm Desert of all liabilities relative to any deed restrictions. 1 DO BY MY SIGNATURE ON THIS AGREEMENT, Absolve the City of Palm Desert of all liabilities regarding any deed restrictions that may be applicable to the property described herein. Signature Oats Applicants Signature /O —J�-_g nature Date OR STAFF USE ONLY) En ronmental Status• Accepted by: ❑ Ministerial Act E.A. No. ❑ Categorical Declaration /�/103F. f:11,��/(� �0�� ❑ Negative Declaration lVi!�L.�J�,C UVLVf Q Other - Refers,-:s Ccss No. _ City ®f palm Desert 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619) 340-0574 January 24 , 1995 Mr. Mike Scarcella McKinzie and Associates P.O. Box 14307 Palm Desert, California 92255 Dear Mr. Scarcella: The 9 . 1 acre parcel located at the northeast corner of Monterey Avenue and Country Club Drive is zoned PR-7 and would allow up to 154 units . If you have any other questions, please feel free to contact me at (619) 346-0611 extension 481 . Very truly yours, 4 ON A. DIAZ ASSISTANT CITY AGER/ DIRECTOR OF CO NITY DEVELOPMENT /tm @ RerydBE Pepx 4 1QS� AMER /C9 ���tif„��� /.✓lam . First American Title Insurance Company 3625 FOURTEENTH STREET, (RO. BOX 986) RIVERSIDE, CALIFORNIA 92502-0986 (909)684-1600 July 6, 1994 City of Palm Desert 73-510 Fred Waring, Dr. Palm Desert, Ca. Attn: Planning Dept. RE: Tentative Tract No. 27882 City of Palm Desert, Gentlemen, This letter is to request a copy of the Negative Declaration for the above mentioned Tract for the benefit of the Department of Real Estate. I have enclosed a self-addressed stamped envelope for your reply. Sincerely, Evelyn Sawicki, Subdivision Consultant CRY of PNM 0936ra 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619) 340-0574 February 17 , 1995 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 27882 APPLICANT (AND ADDRESS) : S .H. SANBERG & PARTNERS, INC. for MERANO, 9701 Cholla Drive, Desert Hot Springs , CA 92240 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of : 1) Wall detail for model center; 2 ) Driveway entry gates; and 3) Subdivision signage LOCATION: Northeast corner of Country Club and Monterey Avenue ZONE: PR-7 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the wall details for the model center, the driveway entry gates, and directed staff to review the signage for final approval . Date of Action: February 14 , 1995 Vote: Carried 5-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. Ae ycleE , Paper - MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 14, 1995 Commissioner Urrutia felt that the existing elements on the building were very strong and that the proposal would take away from these features . He suggested doing something over the entry. Commissioner O'Donnell noted that there were no details to show exactly what the applicant was trying to achieve. Mr. Smith asked about placing letters on the windows . Commissioner Urrutia felt that the signage would not be visible on the windows . Action: It was moved by Commissioner Connor, seconded by Commissioner Van Vliet, to continue the request to allow the applicant to come back with a re-design that would tie in better with the strong architectural features of the building. Motion carried 5-0 . Mr. Fletcher asked if the applicant could do something on a temporary basis to get him through the season. Mr. Smith suggested that Mr. Fletcher discuss a temporary sign proposal with Mr. Drell . Commissioner O'Donnell left meeting at 2 :00 p.m. 6 . CASE NO. : ff-27-88V APPLICANT (AND ADDRESS) : S L. SANBERG &_PART R_ INCII for MERANO; 9701 Cholla Drive, Desert Hot Springs, CA 92240 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of : 1) Wall details for model center; 2) Driveway entry gates; and 3) Subdivision signage LOCATION: Northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Mr. Smith presented the enhanced landscape plan as well as the proposed signage. 9 MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 14, 1995 Action: It was moved by Commissioner Urrutia, seconded by Commissioner Van Vliet, to approve the wall details for the model center, the driveway entry gates, and directed staff to review the signage for final approval . Motion carried 4-0 . B. Preliminary Plans : 1 . CASE NO. : PP 94-7 APPLICANT (AND ADDRESS) : F & M ASSOCIATES for DEEP CANYON PLAZA, 2041 San Remo Drive, Laguna Beach, CA 92651 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of architecture and landscaping for an 81, 747 square foot retail shopping center LOCATION: Northeast corner of Deep Canyon and Highway ill ZONE: Proposed P.C. (2 ) Mr. Smith presented the preliminary plans noting that the applicant would be going before the city council for a change to the General Plan and rezoning of the property. The north side of the site is zoned residential while the south side is zoned resort commercial . They are proposing a 60,000 square foot major as well as three future pad sites . These future pads could be. anything from offices to restaurants . Mr. Smith also showed the proposed color sample board in various pastels . Mr. Smith indicated that the applicant has met with the residential community to the north on several occasions . He indicated that the tower elements exceeded the height limit and would need to send the commission's recommendation on this issue to the city council . The applicant, Tim Bartlett, reported that to the south of the site is John' s Restaurant with a pyramid element and to the east is Embassy Suites. He indicated that they wanted to be somewhat compatible to this surrounding architecture. The architect, Mike Mahoney, outlined the design of the center. He added that one of the main 10 i � 410F Southem California Edison Company al P. O. BOX 410 RECEIVE® 100 LONG BEACH BOULEVARD LONG BEACH. CALIFORNI41"BEC 23 PM 1 TELEPHONE REAL PROPERTIES 1u7 LL 11!! Ll III 22 . AND (310)491-2927 ADMINISTRATIVE SERVICES CITY CLERK'S OFFICE Honorable City Council 12/20/94 City of Palm Desert RECEIVED 73-510 Fred Waring Drive Palm Desert, CA 92260 DEC 2 7 1994 Council Members: WMMIM'm Of PALM DESERT Of CM ruM ocscxr SUBJECT: Tentative Tract Map No. 27882 Please be advised that the division of the property shown on Tentative Tract Map No. 27882 will not unreasonably interfere with the free and complete exercise of any easement(s) held by Southern California Edison Company within the boundaries of said Tentative Tract map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Glen Barnes (310) 491-2572. Sincerely, &Sz�ml-yvu GLEN BARNES Land Information Analyst MKK/gb cc: First American Title Insurance Co. K.W.C. ENGINEERING, INC. RE r ? ca :d6 i4^Y§�q f9e ^�fS�pSdd@SSd n s ° R d�do t o I S r 4 P� ;• 44 k 6541 4a F 5 �91 L 4 g@g@ Y Y A' f l A s p k y+r E G Y ib I J g m ✓ 6 N r6Ad . g� •�_.7m '� __� ✓ € tee lapels ¢is $I t 4 1 "WON 1 1 s 4 j 4 .3 ; r row-In qww ow All v [ r r s J In y 4 i v kt { �,; 1t: 1 6 t db r_ G` ') `j, s�. a� r� ;f q 1 1,t I i.._„ �y m a pieiyl 5 tl; 1ti t - 3 + E, —All rl sl V I - ( ,E ( k �( 1 T-•- 2�V 1 -(..M I t Twi4 ✓ .i e k VICE g ------------ 1 p Y 3111 ��.N 7 •e `el '' k � R 8 x2f Y�f�g�^ �^ SIZ� e kj I L-1 JU I- P jq I 555 o IS I M gig W, n4 e R PH N fir' �. .. _..�_� .nrr�r. ♦ A p ■j 1_—_I rl h� ��■ 1i■� 1 4 V1AJ T A � AV �i I �f I ' � "' SUNCRFST COO U TRY CL 6 ' PAI Y.7■� ® ■ ■ ® • ii ■I ■I ■i ■ ■ ■ ■ ! i k �till Him LM FIN i E��d�III������ ��I;r�� gool �I�I.�� ► OMEN OMEN oil NOR 1 R . M . 1202 7 6 '6& f OO � P _ f l N • 1 � ti A J 1 � —ate h/1rJ�z (G — - � - - 0� - -II) City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: October 5, 1994 Robert Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 Re: V'I/'T 27882 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 4, 1994 . PLANNING COMMISSION APPROVED TT 27882 BY ADOPTION OF RESOLUTION NO. 1665 , SUBJECT TO CONDITIONS . CARRIED 3-2 (COMMISSIONERS BEATY AND JONATHAN VOTED NO) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. RAMON A. DIAZ , C ARY PALM DESERT PLANNI�COMMISSION RAD/tm cc : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal RecydeU - PaOer PLANNING COMMISSION RESOLUTION NO. 1665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 40 GROSS ACRES INTO 127 RESIDENTIAL LOTS AND A 9 . 1 ACRE LOT FOR FUTURE DEVELOPMENT AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. CASE NO. TT 27882 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1994, hold a duly noticed public hearing to consider the request of ROBERT L. MAYER TRUST for approval of the above described tentative map; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act; Resolution No. 80-89 , " in that the director of community development has determined that the project as mitigated will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons as justified inthe staff reports for TT 27882 dated May 17, June 21 , and October 4 , 1994, on file in the department of community development, to exist to approve the proposed tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans . (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans . (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the .proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems . . (g) That the design of . the . subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION RESOLUTION NO. 1665 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission. of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That a Negative Declaration of Environmental Impact, attached as Exhibit "A" , is hereby certified. 3 . That Tentative Tract Map No. 27882 is hereby approved for reasons set forth in this resolution subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of October, 1994, by the following vote, to wit : AYES : FERNANDEZ, WHITLOCK, SPIEGEL NOES : BEATY, JONATHAN ABSENT: NONE ABSTAIN: NONE ROBERT A. SPIEGEL, Chairperson ATTEST: /! RAMON A. DIAZ , Sec ary nni Palm Desert Pla Commission 2 'PLANNING COMMISSION RESOLUTION NO. 1665 CONDITIONS OF APPROVAL CASE NO. TT 27882 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of portion of said project shall commence within two years from the date of this approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance form the following agencies : Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . Trash provisions including recycling shall be approved by applicable trash company and city prior to issuance of building permit. 6 . Applicant shall pay school impact fees as arranged by the Desert Sands Unified School District. 7 . Project shall be subject to Art in Public Places fee per Ordinance No. 473 . 8 . That any future development on Lot No. 128 is subject to the city first approving a precise plan of design for same. 3 PLANNING COMMISSION RESOLUTION NO. 1665 9 . That the applicant submit and receive approval of the architectural review commission of a landscape and wall plan to be installed with each phase. 10 . That the single family lots shall be developed in compliance with the following provisions : Maximum Building Height 18 feet and 1 story Minimum Front Setback 20 feet Minimum Rear Setback 15 feet* Minimum Side Yard Setback 15 feet total, minimum 5 feet Street Side Yard Setback 10 feet *Except for lots adjacent to Monterey Avenue which must comply with the provisions of Municipal Code Section 25 . 24 . 320 11 . That appropriate sound mitigation measures be designed by an acoustical engineer to mitigate noise from a possible future commercial center which may locate on Lot 128, for Lot Nos . 1 through 13 inclusive, and to mitigate noise from Monterey Avenue as it impacts on Lot Nos . 13 through 21 inclusive to a level consistent with the Noise Element of the General Plan for residential land use. 12 . The applicant shall install all street improvements to the satisfaction of the Director of Public Works . 13 . That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 21 through 40 inclusive as shown on tentative tract map TT 27882 as revised September 26 , 1994 , that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 21 through 40 inclusive of the potential impacts from stray golf balls . Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge in writing that he/she has previously been advised of this verbally. Copy of said written disclosure signed by buyer to be filed with the city within ten ( 10) days of close of escrow. 14 . That the final map shall provide a minimum average lot area of 7500 square feet calculated over 127 single family lots . 15 . That the final map provide an additional 20 foot wide parkway area along Monterey Avenue adjacent to the single family lots . 4 'PLANNING COMMISSION RESOLUTION NO. 1665 Department of Building and Safety: 1 . All new and existing overhead electrical distribution lines, telephones, cable antenna television and similar service wires or cables, which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25 . 56 . 110 . The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25 . 56 . 130 . 2 . The applicant shall submit a digitized map in an ARC/INFO format to include all property lines, utility lines, right of ways, and building footprint outlines within the subdivision. The subdivision boundaries shall be digitized format to current industry standards . Department of Public Works : 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26 . 49 and Ordinance No. 653 shall be paid prior to recordation of the final map. 2 . Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The subject study shall include analysis of the upstream drainage conditions as they impact this project. 3 . Signalization fees, in accordance with City of Palm Desert Resolution Nos . 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a potential new traffic signal or modification of existing signal systems for this project may be used as a credit against the subject signalization fees . Such a credit would be subject to approval by the Palm Desert City Council . 4 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at the time of building permit issuance. 5 . A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 5 PLANNING COMMISSION RESOLUTION NO. 1665 6 . Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits . 7 . As required under Palm Desert Municipal Code Section 26 .28, and in accordance with Sections 26 . 40 and 26 .44 , complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8 . All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits . 9 . In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Country Club Drive and Monterey Avenue shall be provided. Landscape shall be drought tolerant in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works . 10 . Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed Country Club Drive and Monterey Avenue median islands as well as the proposed detention basin areas shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. 11 . Applicant shall comply with the provisions of Municipal Code Section 12 . 12, Fugitive Dust Control . 12 . Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works . 13 . The northerly project access location on Monterey Avenue shall be limited to right-turn ingress and egress and left-turn ingress only. The main Country Club Drive project access may include traffic signalization with no movement restrictions . 14 . In accordance with Palm Desert Municipal Code Section 26 .44 , complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking . and approval prior to issuance of any permits . In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues . 6 PLANNING COMMISSION RESOLUTION NO. 1665 15. Full public improvements, as required by Sections 26 .40 and 26 . 44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards and the city' s Circulation Network. Specific project related offsite improvements shall include, but not be limited to the following: * Construction of curb and gutter along Country Club Drive (westbound) and Monterey Avenue (northbound) to provide adequate width for three travel lanes . Intersection improvements will provide for dual left turns, three through lanes and a right turn lane for westbound Country Club Drive. * Construction of acceleration/deceleration lanes for the project entries . * Traffic signal modification as necessary to accommodate required improvements . * Residential street sections shall be a minimum curb to curb width of thirty-six feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the tract map. 16 . Traffic safety striping on Monterey Avenue, Country Club Drive and the . proposed, residential streets shall be provided to the specifications of the Director of Public Works . A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings . 17 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 18 . Applicant shall agree to participate in the proposed Monterey Avenue and I-10 Interchange benefit assessment district to the extent determined appropriate by the City of Palm Desert in conjunction with the County of Riverside. 19 . As required under Sections 26 . 32 and 26 .40 of the Palm Desert Municipal Code, all existing overhead utilities adjacent to residential lots shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. 20 . Waiver of access rights to Country Club Drive and Monterey Avenue for lot 128 except at approved locations shall be granted on the Tract Map. 7 PLANNING COMMISSION RESOLUTION NO. 1665 21 . Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit #CAS000002 ) for storm water discharges associated with construction. 22 . The proposed storm water detention areas shall be designed to retain stormwaters associated with the increase in developed vs . undeveloped condition for a 25 year storm. In addition, the project design shall provide for the acceptance of off-tract flows from the property to the north. Storm flows associated with the proposed commercial area shall be mitigated as part of the site development of that area. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided of the Tract Map. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards : The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec . 10 . 301C. 2 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3 . Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration a 20 psi residual operating pressure. 4 . The required fire flow shall be available from a Super hydrant(s) ( 6" x 4" x 2-1/2" x 2-1/2" ) , located not less than 25 ' nor more than 200 ' single family from any portion of the building(s) as measured along approved vehicular travelways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. 5 . A combination of on-site and off-site Super fire hydrants ( 6" x 4" x 2-1/2" x 2-1/211 ) will be required, located not less than 25 ' or more than 200 ' single family, from any portion of the building(s) as measured along approved vehicular travelways . The required fire flow shall be available from any adjacent hydrant(s) in the system. 8 ' PLANNING COMMISSION RESOLUTION NO. 1665 6 . Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7 . Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building. permit shall be issued until the water system plan has been approved by the County Fire Chief . Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements . Plans shall be signed by a Registered Civic Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000 . " 8 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies . 9 . Certain designated areas may be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal . 10 . All buildings shall be accessible by an all-weather roadway extending to within 150 ' of all portions of the exterior walls of the first story. The roadway shall not be less than 24 ' of unobstructed width and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32 ' wide with parking on one side. Dead- end roads in excess of 150 ' shall be provided with a minimum 45 ' radius turn-around (55 ' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5 ' radius or 10 ' diameter. City standards may be more restrictive. 11 . Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles . Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall 9 PLANNING COMMISSION RESOLUTION NO. 1665 also be approved by the fire department. Minimum opening width shall be 16 ' with a minimum vertical clearance of 1316" . 12 . Contact the fire department for a final inspection prior to occupancy. 13 . All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval . Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert: 14 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months . OTHER: 1 . Streets C-E-G require a 45 ' radius turn around.. 2 . All turning radiuses must be 31 ' inside, 52 ' outside radius . 10 .A - ' PLANNING COMMISSION RESOLUTION NO. 1665 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO• TT 27882 APPLICANT/PROJECT SPONSOR: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 PROJECT DESCRIPTION/LOCATION: 40 acres at the northeast corner of Monterey Avenue and Country Club Drive to be developed into 127 residential lots and a 9 . 1 acre lot for future development located at the northeast. corner of Country Club Drive and Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. s "� ��V• , October 4 1994 RAMON A. DIAZ DATE DIRECTOR OF COMMUN Y DEVELOPMENT SRS/tm 11 MINUTES PALM DESERT ARCHITECTURAL REVIEW COMMISSION JUNE 27, 1995 I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Richard Holden X 18 1 Frank Urrutia X 17 2 Chris Van Vliet (excused) X 18 1 Wayne Connor X 19 0 Richard O'Donnell X 18 1 Ronald Gregory X 17 2 Staff Present: Steve Smith Steve Buchanan Jeff Winklepleck Daisy Garcia Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner O'Donnell, seconded by Commissioner Urrutia, to approve the minutes of the June 13, 1995 meeting as submitted. Motion carried 5-0 . III . It was moved by Commissioner Holden, seconded by Commissioner Connor, to approve the following cases by minute motion. Motion carried 5-0 . A. Final Drawings : 1 . CASE NO. : 4494 SA APPLICANT (AND ADDRESS) : PALMS TO PINES CANVAS for VALEDIE MILLER FINE ARTS GALLERIES, Pinyon P_.r_es ; Box 69 , Mountain Center, CA 92561 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of two awnings with signage LOCATION: 41-801 Corporate Way ZONE: S. I . Steve Smith presented the plans for the proposed awnings . The applicant, Ernie Brooks , indicated that the signage would be placed on removable panels . Commission approved the awnings as submitted. MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 27, 1995 4 . CASE NO. : 408 C APPLICANT (AND ADDRESS) : U.S .A. PETROLEUM, 1261 Ninth Street, Pomona, CA 91766 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised plans for canopy with signage and parking area LOCATION: Flying J - Northeast corner of Highway 111 and Fred Waring Drive ZONE: P.C. (3) S .P. Commission continued the request as the applicant was not present with revised plans . 5 . CASE NO. : (TT-27-98 APPLICANT (AND ADDRESS) : ASCORPjfor MERANO, 79-811 Country Club Drive, Suite 4 , Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of additional models and production units LOCATION: Northeast corner of Country Club Drive and Monterey Avenue ZONE: PR-7 Steve Smith presented the plans for two models that the commission had not seen before. The applicant, Joe Swain, also presented a conceptual drawing for a 4 ' x 8 ' monument sign. Mr. Smith asked where the monument sign would be located because the corner of Monterey Avenue and Country Club Drive is full of signs already. Mr. Smith indicated that he would work with Mr. Swain on the design and location of the proposed sign. Commission approved the plans for the additional models as submitted. 4 i MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 Commissioner Whitlock asked if the applicant was unwilling to put the opaque backing behind as suggested by Commissioner Beaty. Mr. Yeager said that they looked into making the back of the sign opaque and talked to three sign companies and their architect. Virtually all of them agreed that if they opaqued the logo, due to the size of the sign they would not communicate what they wanted and people would not recognize the sign. It was compared to the Pizza Hut sign, but the letters on this sign combined--one was 6 1/2" and one 8 1/2" so that the top and bottom lines were 15" top to bottom for the words Burger King. The Pizza Hut sign had four feet of letters and it was much easier to do that. Almost all the people they talked to felt that reversing that opaque procedure could be effective. They did not feel the commission would be thrilled with that, that would be to opaque the white background and letting the colors shine through. Commissioner Whitlock felt the sign would be much more subdued with lighting from the outside versus lighting from within and she would accept the explanation from the applicant and move for approval of the revised lighting from the exterior out as presented. Action: Moved by Commissioner Whitlock, seconded by Commissioner Beaty, approving the findings as presented by staff . Carried 4-1 (Chairperson Spiegel voted no) . Moved by Commissioner Whitlock, seconded by Commissioner Beaty, adopting Planning Commission Resolution No. 1664, approving 4341 SA, subject to conditions . Carried 5-0 (Chairperson Spiegel voted no) . Case No. TT 27882 - ROBERT MAYER TRUST, Applicant Request for approval of a tentative tract map to subdivide 40 gross acres into 127 residential lots and a 9 . 1 acre lot for future development and mitigated negative declaration of environmental impact as it relates thereto for the property located at the northeast corner of Country Club Drive and Monterey Avenue. 20 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 Mr. Diaz stated that the reason the tract map was before the commission was because the number of lots had been reduced from 128 to 127 . The corner parcel, 9 . 1 acres at Monterey and Country, was held out and the applicant would come back at a later date for development of that parcel . The applicant agreed to all the conditions of approval and he indicated that on the map before the commission, it showed along Monterey Avenue a smaller setback from the street with the wall; the condition of approval required an additional 20 feet over what was shown on the map. That was greater than what was on the south side of Monterey; Sagewood was approximately 16 feet and the residential development south of Sagewood was 21 feet. In terms of those developments there was additional footage here and that was what they would see. Staff recommended approval of the tentative tract map with the conditions as set forth in the staff report and resolution. Commissioner Whitlock asked if the landscaping setback was required around the entire corner or only in front of the development itself. Mr. Diaz replied only in front of the development itself. Commissioner Jonathan said there was a left turn allowed out of the project onto Country Club; Mr. Diaz said that was correct. Commissioner Jonathan felt that was a little close to the Monterey/Country Club intersection. Mr. Gaugush stated that the entry/exit onto Country Club from Monterey was approximately 1000 east of that intersection. That location had not changed from previous submittals on the site. The project as proposed before required a full signalization of that intersection. This was not requiring signalization. Commissioner Jonathan asked if Mr. Gaugush felt without signalization, that kind of egress would not create a problem. Mr. Gaugush stated that was correct. Mr. Diaz noted that if at a later date the city wanted a signal there, they could. This development would have to pay signalization fees . In terms of this residential development, it did not warrant it. He noted that before there was a commercial development that would have access there and the applicant was willing to put it in, but that was then. Commissioner Whitlock asked how many trips would be generated from the 127 units . Mr. Diaz replied 1270 . Chairperson Spiegel asked if all the things that were going to be done at the intersection of Monterey and Country Club (widening, the left hand turn, and all the other extras) were gone. Mr. 21 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 Gaugush stated that there was still an obligation and requirements that certain intersection and requirements that certain intersection and frontage related improvements be constructed. He said that proportionately, it was about 70% of what the commission saw when the commercial element was present. The other issues presented to the commission with respect to the additional offsite improvements being undertaken through other mechanisms, it was still on-going and was still being looked into and moving forward. Whether or not this project did anything, those elements would still be taking place. Commissioner Jonathan noted that the minimum average lot area was 7500 square feet; he asked what the actual smallest lot size would be. Mr. Diaz said the applicant could address that question. Chairperson Spiegel opened the public testimony and asked the applicant to address the commission. MR. ED SLOMAN, KWC Engineers representing Robert L. Mayer Trust and the developer S.H. Sandberg and Partners, stated that the number of lots had been dropped to 127 lots . They lost approximately 80,060 square feet from the time the commission saw the plan to when it went to council . The smallest lot was approximately 6950 square feet. There were some lots that were almost 9000 square feet, but when they were here before and what was taken to council was a 7500 square foot average. The developers reminded him that in between the time this had gone to council the recalculations were probably at 126 lots just to make sure they were at the 7500 . He felt the developer recognized there was a problem with traffic and there was no argument for the additional 20 feet both on Monterey and Country Club. At some point in time there would be a project there by the city and Rancho Mirage jointly to solve some of the intersection problems and they would not exacerbate the problem. They had already planned the lots to be what they were and if they took the 70, 000 square feet, they could probably get the 8000 square foot lots, but the traffic situation was something that in the future was a good trade-off . Council liked the residential portion of the project and so they were moving forward with that portion of the project. He said that they accepted all the conditions of approval as amended by staff. 22 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 Chairperson Spiegel asked why they didn't just continue the housing including phase 3 . Mr. Sloman said there were a couple of reasons; one was that the developer of the residential portion wanted to get moving forward immediately, staff suggested leaving the rights of way and with all the conditions it was still a PR-7 zoned property and he felt that the single family private community was very viable. Basically it came down to looking at another 150 units on that nine acres--that was a high, intense intersection and not knowing who would want to live there and what should they come up with was a problem. Phase 3 would come back before the commission and looking at what the developer did on the 127 units, it might be viable to continue on that corner, but they wanted to move forward and open some models before the end of the year. Chairperson Spiegel asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposal . There was no one and the public testimony was closed. Commissioner Whitlock stated that she would like to extend one of the conditions one step further if it was appropriate to do so. Condition #13 under the department of community development, she asked if it would be appropriate to add regarding the stray golf ball situation that the CC&R' s stipulate the party responsible for the repair of any damage sustained by golf balls, whether it was the association or the owner. She felt that would cover the city from worrying about the buyers and sellers if it was in the association' s documents and taking it one step further by saying who was responsible from that golf ball impact that they would all be covered. She asked if it would be appropriate in a condition of approval . Mr. Hargreaves said that it was not clear to him whether it would be the association or the property owner who would be responsible. He said that it could be that the driving range was responsible and he would not want to try to apportion responsibility in the CC&R' s for something that did not fall on the property involved. Commissioner Whitlock stated that the whole point was if they were acknowledging that they were buying a lot that was subject to stray golf balls, she felt they should take it one step further. Who was responsible for that damage if it wasn' t the association or the property buyer, then who should it be and shouldn't it be stipulated in the documents, not just making them aware when they bought their home and going through escrow that this could occur, but where does the responsibility lie. Mr. Hargreaves said it might be on the part of the people shooting the golf balls into the homes that was not part of 23 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 this development; that may be where the responsibility lies and normally when buying a home, there was a potential for adverse impacts on that home that were not the responsibility of the property owner, but part of the whole disclosure process that you had to advise someone buying a home of all the material adverse conditions they might face even if they were not responsible for them. In this case it was quite possibly the people who owned the driving range. Chairperson Spiegel noted that in this case the developer was not the owner of the driving range. Mr. Diaz stated that in this case, the developer of Suncrest Country Club owned the driving range and Suncrest was developed in the county. Commissioner Whitlock felt that the potential buyers should be protected and recommended that they research the matter and whatever the outcome, it be made a condition so that whoever was the party responsible it would be stipulated in the conditions and disclosed in escrow. She noted that in her business she dealt with these issues every day. If a problem could be stopped before it happened, it should start here. Mr. Diaz explained that the problem at this point was that the planning commission would be determining who was responsible and he did not believe they could. He noted that the potential buyer was notified that there might be stray golf balls and if one happened to break a window, they were warned. Then they could take legal action against whoever hit the golf ball or the owner of the golf course. He did not think they could determine who was responsible at this time--the courts would have to decide if there was litigation. Mr. Hargreaves pointed out in the staff report addendum that the city attorney advised that the responsibility and liability rested with the golf course owner/operator. That would not preclude some kind of condition that would require the homeowners association to at least be the responsible party to address the damage and fix the home; then the association would have whatever legal cause of action it might have against the owner/operator of the golf course. That kind of arrangement could be made to put the primary responsibility on the association to address the damage. Without really looking into it, he would not want to say that was an appropriate condition to place on this project. If there were a number of lots within the development that would have that kind of impact, it might be the kind of thing the homeowners would agree among themselves that their association might want to address . He said that they could research to see if it could be placed as a condition or they could ask if the developer would be willing to incorporate that type of condition. Commissioner Whitlock 24 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 felt it was important to address the problem now so that the developer or the individual property owner was not going to be addressing this after the fact. If they gave them something now, in her opinion it would be easier to resolve. If the responsibility was going to lie with the owner of the driving range, then they should so state that in the documents when these people buy--it could that: 1) they were acknowledging that they were in a golf ball zone; and 2 ) if there was damage to their home, tile roof, broken window, etc. , that the property must deal with the owner of the driving range, or that the association would deal with it. They needed to know what the recourse was, not just that they were aware they could get hit with a golf ball . Chairperson Spiegel reopened the public testimony. MR. DAVID SAUNDERS, attorney for the applicant, stated that there were a couple of issues floating around. One was the duty to warn--they wanted to warn potential buyers of the problem so that there could not be a claim that the city had a duty to warn and failed to discharge that duty. He felt it was important that they undergo the process of warning so that the citizens did not come back to the city council and say they would never have purchased there if they knew of this problem. Step 2 addressing Commissioner Whitlock' s concern, it was probably beyond the realm of authority of the planning commission to allocate ultimate civil liability by a condition of approval on a project . If someone had a problem with golf balls, they would consult legal counsel to determine what the problem was, they would evaluate the situation in light of the fact that they were warned of the problem and in light of the fact that the potential harm created by the parties involved, whether the golf range or the individual golfers . He failed to understand how the city council by recommendation of the planning commission, could say that the park operator by matter of law was civilly liable. That was beyond their authority. He felt it was appropriate to simply have the warning to put them on notice of the problem and let them evaluate as purchasers whether they wanted to assume the risk of the balls hitting their residences . Who ultimately under the law would be liable would be determined by the courts and not by a statement in the conditions of approval on this project. 25 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 Mr. Sloman said that they agreed to put in the warning statement; however, prior to coming before the planning commission there was fruitful discussion with Mr. Befeld and the developer to come up with a mutually agreeable solution. He believed that if they could leave the warning situation there and at the same time try to work out the situation amongst themselves, because there was some discussion that Mr. Befeld was concerned about the houses being there and he would be potentially contacted habitually. There was also the concern on the behalf of the developer on whether he would be able to sell the homes . Additionally, as they talked, they had not renewed the discussions, but the site would be graded all at one time. It was basically left that phase 1 was the middle portion of the 40 acre project, although they would grade the whole thing and put the walls up, they would monitor how many golf balls ended up in the "potential backyards" or homesites of both the north property line as well as the northern half of the eastern property line. If it looked like there was a real problem, the developer and Mr. Befeld were going to try and work out what could be done to protect both parties . He said the developer had an impetus to sell the houses, but if there were golf balls in the back yard there would be a problem. He felt that would be worked out and agreed with Mr. Saunders on putting in the warning condition. Commissioner Whitlock asked Mt. Sloman to have his developer put the resolution in the CC&R' s whatever he decided. If they as a body could not do it as a condition, she highly recommended whatever resolution was reached with the golf course owner that it be stipulated in the CC&R' s because they would have headaches later if he didn't. Mr. Sloman felt that having staff or the city attorney' s office review it prior to any sale of any house would also help to insure that what they had covered the intent. Commissioner Jonathan stated that he wanted to go on record as having three concerns . 1) the egress on Country Club heading east was a problem; 2) Palm Desert needed to maintain a minimum lot size of 8000 square feet, not 6950 or even an average lot area of 7500 square feet; and 3) the issue that Commissioner Whitlock brought up was a valid one and also included the potential liability of the city and the minutes of this meeting would go toward establishing the fact that 26 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 the city was aware of the dangers, but nevertheless allowed a residential project to go next to a driving range. Commissioner Jonathan stated that those were his interpretations and his three concerns . Mr. Diaz stated that from a staff standpoint, if they were to do that there would be no residential country clubs . Commissioner Jonathan disagreed, he did not know of another instance where they allowed a residential development next to an existing driving range. Mr. Diaz stated that if they allowed residential units to be developed within a country club, then the danger was a lot greater and the potential city liability would be a lot greater. From staff ' s standpoint the conditions of approval covered the city' s responsibility and liability. Mr. Hargreaves stated that he was not aware of any theory that anyone could use to impose liability against the city in this circumstance. Commissioner Jonathan stated that anything was within the realm of possibility. Commissioner Beaty stated that he had a major concern. The commission approved a project that included a commercial development and the city council turned that down. He felt that it was clear that current city politics did not want commercial use on that corner and was not going to change the zoning. If the commission allowed this tract to go ahead, he asked if they were setting up a situation that would only allow a commercial use to go there because of the requirements that would be placed on it. Mr. Diaz stated that what the commission would be allowing was residential development based upon the density of the entire project that could go on there. They were not allowing commercial development or office professional . The property owner was clearly aware of that and it was similar to the situation on the projects at Cook and Country Club where there were single family residential units in apartment zoning. By going ahead, there was no indication that commercial would go on that property or office professional . That was not the indication that was being left. It was up to the property owner. Commissioner Beaty felt that from the city' s standpoint they might be dedicating a piece of vacant land with an unimproved corner; economics might dictate that. Mr. Diaz felt that one had nothing to do with the other. He understood commission' s feeling on whether they were de facto creating a situation where there would be commercial zoning on that property; staff ' s reply was no. He believed the fact that they were discussing it now would be a record that they were not. If an application came before the planning 27 MINUTES PALM DESERT PLANNING COMMISSION OCTOBER 4, 1994 commission, the argument could not be used that the commission knew what it was doing. They could reply yes, they did and it would be reflected in the minutes that they were not approving commercial zoning on that. If a project came in that commission liked, they could approve it or recommend approval or deny it. They were not committing to any future project on the corner. Chairperson Spiegel stated that hopefully the development would be successful and they would take phase 3 and put in additional homes . Commissioner Beaty asked what requirements the city would have to make economically for that corner. Commissioner Whitlock said it would be a lot different than if it were commercial . Commissioner Beaty said it might be better now to say no, that they wanted to see the whole property developed residential, determine what the economic impacts would be, and what they would have to pay to get that corner going and do it now rather than waiting until it was only nine acres that they would have to put into high density or change into something to make the development pay for what the city had to have for that corner. Mr. Gaugush stated that with respect to the level of improvement, as conditioned the project would build street improvements that would function adequately for residential development on the entire parcel . If at some future date they chose to come back and try for a commercial use on the corner, there would be an increased level of improvements required. The base improvements going in as a part of this approval would serve a total build out of residential at the corner. Chairperson Spiegel asked if that would include apartments; Mr. Gaugush said that there would be an incrementally increased level of improvement, but in a general sense what was being conditioned would serve either of those two uses . Action: Moved by Commissioner Whitlock, seconded by Chairperson Spiegel, adopting the findings as presented by staff . Carried 3-2 (Commissioners Beaty and Jonathan voted no) . Moved by Commissioner Whitlock, seconded by Chairperson Spiegel, adopting Planning Commission Resolution No. 1665, certifying the Negative Declaration of Environmental Impact and approving TT 27882 as revised, subject to the conditions of approval . Carried 3-2 (Commissioners Beaty and Jonathan voted no) . 28 CITY OF PALM DESERT DEi.._tTMENT OF COMMUNITY DEVELO<.<iENT STAFF REPORT TO: Planning Commission DATE: October 4, 1994 CASE NO: TT 27882 REQUEST: Approval of a tentative tract map to subdivide 40 gross acres into 127 residential lots and a 9 . 1 acre lot for future development and mitigated negative declaration of environmental impact as it relates thereto for the property located at the northeast corner of Country Club Drive and Monterey Avenue. APPLICANT: Robert Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 A. BACKGROUND: June 21, 1994 planning commission recommended approval to city council of a tentative map, zone change and precise plan for the 40 acre site at the northeast corner of Country Club Drive and Monterey. This matter was before city council in July, August and September, 1994 . City council rejected the requested change of zone but indicated that the residential portion was not unacceptable. September 8, 1994 the city council referred the residential portion back to the planning commission. B. DISCUSSION: A revised tentative map was received September 27, 1994 which is similar to the one which was recommended for approval to the city council back in June, 1994 . The map proposes 127 single family lots and a 9+ acre lot at the corner designated as lot #128 . The residential portion is similar to that reviewed in the staff report of June 21, 1994 and earlier reports . Staff reviewed the current map to determine the appropriateness of the conditions of approval and made several revisions . One major deviation from the previous map is the removal of Lots D, E and F from the west side of the site adjacent to Monterey. These lots were 20 foot wide additions to the street right-of-way and provided for a landscaped parkway strip between the sidewalk and the perimeter wall of the residential development. Using the street section proposed on this revised map, the perimeter wall which could be as high as 8 feet would be located 4 feet in back of the sidewalk. For these reasons staff has inserted a condition requiring that the final map provide an additional 20 feet of parkway width on Monterey Avenue adjacent to the single family project ( i .e. lots E and F on previous maps) . .STAFF REPORT TT 27882 OCTOBER 4, 1994 The findings and reasons for the approval as outlined in the May 17 and June 21, 1994 report, copy attached, remain valid. C. RECOMMENDATION: That planning commission adopt Planning Commission Resolution No. adopting the findings, certifying the Negative Declaration of Environmental Impact and approving TT 27882 as revised, subject to the conditions attached to the draft resolution. Prepared by Reviewed and Approved by SRS/tm 2 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 40 GROSS ACRES INTO 127 RESIDENTIAL LOTS AND A 9 . 1 ACRE LOT FOR FUTURE DEVELOPMENT AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. CASE NO. TT 27882 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1994, hold a duly noticed public hearing to consider the request of ROBERT L. MAYER TRUST for approval of the above described tentative map; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89 , " in that the director of community development has determined that the project as mitigated will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons as justified in the staff reports for TT 27882 dated May 17 , June 21, and October 4 , 1994, on file in the department of community development, to exist to approve the proposed tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans . (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans . (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ( f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems . (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION RESOLUTION NO. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the .City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That a Negative Declaration of Environmental Impact, attached as Exhibit "A" , is thereby certified. 3 . That Tentative Tract Map No. 27882 is hereby approved for reasons set forth in this resolution subject to the attached conditions . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 4th day of October, 1994, by the following vote, to wit: AYES : NOES : ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Chairperson ATTEST: RAMON A. DIAZ, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TT 27882 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of portion of said project shall commence within two years from the date of this approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance form the following agencies : Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . Trash provisions including recycling shall be approved by applicable trash company and city prior to issuance of building permit. 6 . Applicant shall pay school impact fees as arranged by the Desert Sands Unified School District. 7 . Project shall be subject to Art in Public Places fee per Ordinance No. 473 . B . That any future development on Lot No. 128 is subject to the city first approving a precise plan of design for same. 3 PLANNING COMMISSION RESOLUTION NO. 9 . That the applicant submit and receive approval of the architectural review commission of a landscape and wall plan to be installed with each phase. 10 . That the single family lots shall be developed in compliance with the following provisions : Maximum Building Height 18 feet and 1 story Minimum Front Setback 20 feet Minimum Rear Setback . 15 feet* Minimum Side Yard Setback 15 feet total, minimum 5 feet Street Side Yard Setback 10 feet *Except for lots adjacent to Monterey Avenue which must comply with the provisions of Municipal Code Section 25 . 24 . 320 11 . That appropriate sound mitigation measures be designed by an acoustical engineer to mitigate noise from a possible future commercial center which may locate on Lot 128, for Lot Nos . 1 through 13 inclusive, and to mitigate noise from Monterey Avenue as it impacts on Lot Nos . 13 through 21 inclusive to a level consistent with the Noise Element of the General Plan for residential land use. 12 . The applicant shall install all street improvements to the satisfaction of the Director of Public Works . 13 . That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 21 through 40 inclusive as shown on tentative tract map TT 27882 as revised September 26, 1994, that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 21 through 40 inclusive of the potential impacts from stray golf balls . Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge in writing that he/she has previously been advised of this verbally. Copy of said written disclosure signed by buyer to be filed with the city within ten ( 10) days of close of escrow. 14 . That the final map shall provide a minimum average lot area of 7500 square feet calculated over 127 single family lots . 15 . That the final map provide an additional 20 foot wide parkway area along Monterey Avenue adjacent to the single family lots . 4 PLANNING COMMISSION RESOLUTION NO. Department of Building and Safety: 1 . All new and existing overhead electrical distribution lines, telephones, cable antenna television and similar service wires or cables, which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25 .56 . 110 . The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25 .56 . 130 . 2 . The applicant shall submit a digitized map in an ARC/INFO format to include all property lines, utility lines, right of ways, and building footprint outlines within the subdivision. The subdivision boundaries shall be digitized format to current industry standards . Department of Public Works : 1 . Drainage fees in accordance with Palm Desert Municipal Code Section 26 .49 and ordinance No. 653 shall be paid prior to recordation of the final map. 2 . Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The subject study shall include analysis of the upstream drainage conditions as they impact this project. 3 . Signalization fees, in accordance with City of Palm Desert Resolution Nos . 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of a potential new traffic signal or modification of existing signal systems for this project may be used as a credit against the subject signalization fees . Such a credit would be subject to approval by the Palm Desert City Council . 4 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at the time of building permit issuance. 5 . A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 5 PLANNING COMMISSION RESOLUTION NO. 6 . Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits . 7 . As required under Palm Desert Municipal Code Section 26 . 28, and in accordance with Sections 26 . 40 and 26 .44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8 . All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits . 9 . In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Country Club Drive and Monterey Avenue shall be provided. Landscape shall be drought tolerant in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works . 10 . Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed Country Club Drive and Monterey Avenue median islands as well as the proposed detention basin areas shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. 11 . Applicant shall comply with the provisions of Municipal Code Section 12 . 12 , Fugitive Dust Control . 12 . Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works . 13 . The northerly project access location on Monterey Avenue shall be limited to right-turn ingress and egress and left-turn ingress only. The main Country Club Drive project access may include traffic signalization with no movement restrictions . 14 . In accordance with Palm Desert Municipal Code Section 26 . 44 , complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits . In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues . 6 i PLANNING COMMISSION RESOLUTION NO. 15 . Full public improvements, as required by Sections 26 .40 and 26 .44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards and the city' s Circulation Network. Specific project related offsite improvements shall include, but not be limited to the following: * Construction of curb and gutter along Country Club Drive (westbound) and Monterey Avenue (northbound) to provide adequate width for three travel lanes . Intersection improvements will provide for dual left turns, three through lanes and a right turn lane for westbound Country Club Drive. * Construction of acceleration/deceleration lanes for the project entries . * Traffic signal modification as necessary to accommodate required improvements . * Residential street sections shall be a minimum curb to curb width of thirty-six feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the tract map. 16 . Traffic safety striping on Monterey Avenue, Country Club Drive and the proposed residential streets shall be provided to the specifications of the Director of Public Works . A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings . 17 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. I 18 . Applicant shall agree to participate in the proposed Monterey Avenue and I-10 Interchange benefit assessment district to the extent determined appropriate by the City of Palm Desert in conjunction with the County of Riverside. 19 . As required under Sections 26 . 32 and 26 .40 of the Palm Desert Municipal Code, all existing overhead utilities adjacent to residential lots shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. 20 . Waiver of access rights to Country Club Drive and Monterey Avenue for lot 128 except at approved locations shall be granted on the Tract Map. 7 PLANNING COMMISSION RESOLUTION NO. 21 . Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit #CAS000002 ) for storm water discharges associated with construction. 22 . The proposed storm water detention areas shall be designed to retain stormwaters associated with the increase in developed vs . undeveloped condition for a 25 year storm. In addition, the project design shall provide for the acceptance of off-tract flows from the property to the north. Storm flows associated with the proposed commercial area shall be mitigated as part of the site development of that area. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided of the Tract Map. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards : The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec . 10 . 301C. 2 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 3 . Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration a 20 psi residual operating pressure. 4 . The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/2" ) , located not less than 25 ' nor more Q than 200 ' single family from any portion of the building(s) as measured along approved vehicular travelways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. 5 . A combination of on-site and off-site Super fire hydrants ( 6" x 4" x 2-1/2" x 2-1/2" ) will be required, located not less than 25 ' or more than 200 ' single family, from any portion of the building(s) as measured along approved vehicular travelways . The required fire flow shall be available from any adjacent hydrant(s) in the system. 8 PLANNING COMMISSION RESOLUTION NO. 6 . Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7 . Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief . Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements . Plans shall be signed by a Registered Civic Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000 . " 8. Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies . 9 . Certain designated areas may be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal . 10 . All buildings shall be accessible by an all-weather roadway extending to within 150 ' of all portions of the exterior walls of the first story. The roadway shall not be less than 24 ' of unobstructed width and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32 ' wide with parking on one side. Dead- end roads in excess of 150 ' shall be provided with a minimum 45 ' radius turn-around (55 ' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5 ' radius or 10 ' diameter. City standards may be more restrictive. 11 . Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles . Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall 9 PLANNING COMMISSION RESOLUTION NO. also be approved by the fire department. Minimum opening width shall be 16 ' with a minimum vertical clearance of 13 ' 6" . 12 . Contact the fire department for a final inspection prior to occupancy. 13 . All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval . Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 14 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months . OTHER: 1 . Streets C-E-G require a 45 ' radius turn around. 2 . All turning radiuses must be 31 ' inside, 52 ' outside radius . 10 PLANNING COMMISSION RESOLUTION NO. EXHIBIT A Pursuant to Title 14, Division 6, Article 7 , Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: TT 27882 APPLICANT/PROJECT SPONSOR: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 PROJECT DESCRIPTION/LOCATION: 40 acres at the northeast corner of Monterey Avenue and Country Club Drive to be developed into 127 residential lots and a 9 . 1 acre lot for future development located at the northeast corner of Country Club Drive and Monterey Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE DIRECTOR OF COMMUNITY DEVELOPMENT SRS/tm 11 RECEIVED INTEROFFICE MEMORANDUM SEP H 1994 COMMUNITY OEVELOPMEME OEPA"WRT CITY OF PALM DESERTTO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: TENTATIVE TRACT MAP 27882 (Revised) , ROBERT L. MAYER TRUST DATE: September 28, 1994 The following should be considered conditions of approval for the above-referenced project: ( 1) Drainage fees in accordance with Palm Desert Municipal Code Section 26 . 49 and Ordinance No. 653 shall be paid prior to recordation of the final map. (2) Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The subject study shall include analysis of the upstream drainage conditions as they impact this project. (3) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation/modification of traffic signal systems for this project may be used as a credit against the subject signalization fees . Such a credit would be subject to approval by the Palm Desert City Council . (4) The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at the time of building permit issuance. (5) A complete preliminary soils investigation , conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (6) Complete tract map shall be submitted as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits . (7) As required under Palm Desert Municipal Code Section 26 .28, q and in accordance with Sections 26 . 40 and 26 .44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. (8) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits . (9) In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Country Club Drive and Monterey Avenue shall be provided. Landscape shall be drought tolerant in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works . ( 10) Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed Country Club Drive and Monterey Avenue median islands as well as the proposed detention basin area shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. ( 11) Applicant shall comply with the provisions of Municipal Code Section 12 . 12 , Fugitive Dust Control ( 12) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. .( 13) The northerly project access location on Monterey Avenue shall be limited to right-turn ingress and egress and left- turn ingress only. The Country Club Drive project access may include traffic signalization with no movement restrictions . ( 14) In accordance with Palm Desert Municipal Code Section 26 .44 , complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits . In addition to all standard engineering design parameters, the plan shall address appropriate circulation- related issues . I ( 15) Full public improvements, as required by Sections 26 .40 and 26 .44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards and the city' s Circulation Network. Specific project related offsite improvements shall include, but not be limited to the following: * Construction of curb and gutter along Country Club Drive (westbound) and Monterey Avenue (northbound) to provide adequate width for three travel lanes . Intersection improvements will provide for dual left turns, three through lanes and a right turn lane for westbound Country Club Drive. * Construction of acceleration/deceleration lanes for the project entries. * Traffic signal modification as necessary to accommodate required improvements. * Residential street sections shall be a minimum curb to curb width of thirty-six feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. ( 16) Traffic safety striping on Monterey Avenue, Country Club Drive and the proposed residential streets shall be provided to the specifications of the Director of Public Works . A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings . ( 17 ) Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. ( 18) Applicant shall agree to participate in the proposed Monterey Avenue and I-10 Interchange benefit assessment district to the extent determined appropriate by the City of Palm Desert in conjunction with the County of Riverside. ( 19) As required under Sections 26 . 32 and 26 .40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. (20) Waiver of access rights to Country Club Drive and Monterey Avenue except at approved locations shall be granted on the Tract Map. (21) Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002 ) for storm water discharges associated with construction (22) The proposed storm water detention areas shall be designed to retain stormwaters associated with the increase in developed vs . undeveloped condition for a 25 year storm. In addition, the project design shall provide for the acceptance of off-tract flows from the property to the north. Storm flows associated with the proposed commercial area shall be mitigated as part of the site development of that area. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided of the Tract Map. RICHARD FOLKERS, P.E. (tmaps\tm276e2r.cnd) CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: May 17, 1994 CASE NOS: GPA 93-4, C/Z 93-4, PP 93-6 and TT 27882 REQUEST: Approval of a tentative tract map for a 143 unit single family subdivision on 31 acres and a general plan amendment and change of zone from medium density residential (PR-7) to PC-2 (district commercial) on 9 . 1 acres with a precise plan of design allowing for up to 89,970 square feet of neighborhood shopping center at the northeast corner of Country Club Drive and Monterey Avenue. APPLICANT: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 I . BACKGROUND: Commission may recall that in March of 1993 Gatlin Development attempted to obtain approval of a 304,422 square foot retail (Walmart) center on this property. Ultimately the application was denied. A. ADJACENT ZONING AND LAND USE North: (R-T 12,000-county) /Mobile home park golf course South: PC-2/Shopping center East: W-2 (county) /Vacant Northwest Corner: Rancho Mirage/vacant . Southwest Corner: Rancho Mirage/vacant B. SITE DESCRIPTION The site includes 39 acres of sand dunes slightly sloping up south to north. It is currently zoned for medium density residential. II . CURRENT PROPOSAL: At this time the Robert L. Mayer Trust has filed a two part application for the subject property. It is proposed that a 9 . 1 acre lot be created at the northeast corner of Country Club Drive and Monterey Avenue which then is to be rezoned and designated in the general plan for district STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 commercial. A concurrent precise plan application proposes approval of up to a 100,000 square foot neighborhood shopping center on this 9 . 1 acre site. As well, the applicant proposes to subdivide the remainder of the site into 143 single family lots which is consistent with the density permitted in the PR-7 zone. We will review each part of the request individually beginning with the residential portion. A. PROPOSED 143 LOT SUBDIVISION The proposed 143 single family lot subdivision will occupy 28 . 3 net acres (5.05 units/net acre) . This residential subdivision takes access from both Monterey Avenue and Country Club Drive. The site is served by a perimeter loop street system with three additional internal cul-de-sac streets taking off from the main loop streets . The Country Club Drive access road designated 'H' street on the tract map for the first 250 feet north of Country Club provides access to the shopping center to the west. To the east of this street at this point is a proposed open space area for the residential community and retention basin for the entire development. This access road at Country Club will be signalized with full turning movements allowed. This access road aligns with the driveway to the Lucky center to the south. 'A' street provides access from Monterey Avenue to the residential community. Left turn movements from 'A' street to southbound Monterey will not be permitted. B. CONCERNS WITH PROPOSED RESIDENTIAL SUBDIVISION The property is designated to permit up to seven dwelling units per acre. The proposal is for 5 . 05 units per net acre. The applicant wishes to create a single family lot subdivision. The lots range in size from 5000 square feet to approximately 8000 square feet for some of the "pie" shaped lots. Most of the lots are 5225 .square feet (55 ' x 951 ) . In previous single family subdivisions in the PR zone the city has adhered to the lot size and width requirements prescribed for the minimum R-1 zone (i .e. 8000 square foot lots, 70 feet of lot width) . In the case of several single family subdivisions along Hovley Lane lot widths were reduced 2 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 to 60 feet but the 8000 square feet minimum area was maintained. Zoning ordinance section 25 .24 .240 states that in the PR zone, "For a single family detached the minimum lot area shall be as approved by the development plan. " Therefore, the planning commission is permitted to approve 5000 square foot lots . As well, section 25 .24 . 310 allows commission to approve modifications to other zoning requirements based upon an acceptable development plan. What this means is that the planning commission can approve the subdivision tract map if it is satisfied with the overall proposal (i .e. layout, access, streets, setbacks, unit design, height) . The proponent has prepared building floor plans which range in size from 1000 square foot units ( 1 and 2 bedrooms) to 1951 square foot units (3 and 4 bedrooms with an optional loft) . These units fit on the lots while still providing five foot side yard setbacks, 20 foot front setbacks to the garage and 15 foot rear yards . Specific unit layouts on the lots are shown on the precise plan for TT 27882 . Lots 16 through 25 on the tentative map back onto Monterey Avenue which is a designated arterial street which experiences very heavy traffic which creates noise which can negatively impact on the living environment. If this tract map is approved it will be conditioned that an acoustical engineer design appropriate sound mitigation to make these units and their living environment consistent with city noise limit for a residential community. Lots 1 through 16 on the tentative map back onto the proposed neighborhood commercial center and its perimeter delivery access driveway and loading docks . If the commercial center is approved in its present configuration, then lots 1 through 16 will be susceptible to significant noise impacts. The tract map will be conditioned to require that an acoustical engineer design appropriate sound mitigation to assure compliance with the noise limits for a residential community. As well, due to these noise concerns a condition will be suggested that requires a noise warning be placed on the title of these lots (lots 1-25 inclusive of the tentative map) . 3 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 While the units are designed to provide 20 feet of setback to the garage the sidewalks are located very close to the property line. There is very little, if any, spare room. Therefore we are suggesting that these units be required to utilize sectional type garage doors so that autos can be pulled in close to the door. As well, it will be conditioned that all units be provided with automatic garage door openers . The goal is to avoid having cars overhang the sidewalk and thereby force pedestrians into the street. C. PROPOSED COMMERCIAL CENTER As a part of the tentative tract map the applicant is proposing to create a 9 . 1 acre lot at the northeast corner of Country Club Drive and Monterey Avenue. On this lot it is proposed that an appropriate general plan amendment and change of zone be approved to allow for the construction of an 89 ,970 square foot neighborhood commercial center. This center will offer a major supermarket (50,320 square feet) , ancillary commercial shops and six commercial satellite pads around the perimeter of the 9 . 1 acre site. Access to the commercial site is provided from the east on the main north-south street which connects to the residential area to the north. This north-south street will be signalized at Country Club Drive and aligns with the Lucky center entrance to the south. An access using right.turns in and right turns out only is provided at the midpoint from Country Club Drive. Two access points are provided from Monterey Avenue: one at the north end providing delivery access to the rear of the buildings and one to the south providing direct access to the main parking area. These Monterey access points do not provide for left turns exiting from the site. Southbound Monterey traffic would have to exit onto Country Club and turn left onto Monterey at the intersection. The applicant has submitted architectural elevations showing contemporary desert architecture. These plans were scheduled to be reviewed by architectural review commission on May 10, 1994 . The applicant's representative at that time withdrew those plans from consideration. Therefore we do not have architectural review commission comments . The ARC did comment extensively on the residential portion of the project which will be described more fully in section 'F' below. 4 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 PROJECT DATA Ordinance Project (PC-2 Zone) Site Area 9 . 1 acres 5-15 acres Building Area 89,970 gross sq. ft. Building Setbacks: Country Club min. 25 ft. 32 ft. Monterey min. 25 ft. 32 ft. at Rear of Supermarket 46 ft. 20 ft. from North-South Street 17 ft. 20 ft. Building Height 20-40-56 ft. 30 ft. Parking Spaces 432 spaces *495 spaces based on gross bldg. area 420 spaces if we assume 15% reduction *Parking in the PC-2 zone is based on a standard of 5 .5 spaces per 1000 square feet of "gross leasable area" . The applicant is assuming a 15% reduction of non-leasable area for which 420 spaces would be adequate. When we have actual building plans, we will be able to arrive at a maximum building size limit because we will know how much to allow in the non-leasable allowance. D. TRAFFIC A revised traffic study was prepared based on this current proposal . Traffic impacts are less than were identified for the Walmart proposal . Accordingly, the mitigation measures are less . The applicant will be installing an additional lane on Monterey and on Country Club Drive. As well, a free flow right turn device will be installed for westbound Country Club to access northbound Monterey. As well, the developer will pay the usual TUMF fees and a proportional share of intersection improvements in the area. E. SITE PLAN CONCERNS RE: COMMERCIAL The original preliminary site plan contained several areas which required modification. i) The perimeter pads showed setbacks from Monterey and Country Club ranging from 23 feet to 36 feet. The ordinance requires a minimum of 32 feet of setback from 5 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 the ultimate right of way. This impacted on the parking lot layout. Pad 6 provides 17 feet of setback from the north-south entry street. The ordinance requires a minimum of 20 feet of setback at this point. ii) The Country Club Drive access terminated into a landscape island. This was revised to provide an appropriate throat depth and circulation to allow vehicles to safely exit from Country Club. iii) The entry driveway located west of the east entry point was offset by 15-20 feet. This was unacceptable. This driveway on the north side of Pad 6 now aligns with the driveway across the front of the market. iv) The driveway circulation around the north side of the market had turning radius problems at the northeast corner of the building. As well, truck traffic across the rear of the building is another area of concern. V) Potential noise problems of delivery vehicles moving and parking so close to the single family dwellings to the north and the east. The applicant was made aware of these concerns and has recently revised the site plan to address each of the items. F. ARCHITECTURAL REVIEW COMMISSION CONCERNS RE: RESIDENTIAL The single family dwellings are stucco with tile gable roofs with overall heights of 18 feet. The 5 foot setbacks would result in 10 foot distance wall to wall but with only 6-8 feet separation between eaves when overhangs are considered. ARC expressed concern with the height of the buildings and the use of gable roofs on lots this small . Also, due to the grade variation across the property there are lots which are as much as 7 1/2 feet above the adjacent lot downhill (i.e. Lots 108 and 121) . In these instances a double wall system is proposed to transition from one level to the next. The low lots are left with extremely small usable rear yards. ARC Efelt that this problem was exacerbated by the reduced lot sizes . 6 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 Considering the uncertain future of the proposed subdivision ARC elected to continue the matter until it has been approved by city council. If the city council approves the subdivision with 5225 square foot, lots, then ARC would reconsider the architecture looking for reduced building heights and hip roofs to soften edges among other items . G. ENVIRONMENTAL IMPACT The initial study has identified two major areas of potential impacts: traffic and biological . The traffic situation has been analyzed in a revised traffic study. Intersection impacts were identified with recommended mitigation. The project will directly mitigate impacts associated with the project and a proportional share of the other impacted intersections in addition to payment of TUMF. The site is within the fee area established by the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan. The HCP depends upon fees generated by development in the fee area to finance the creation of the Coachella Valley Fringe-Toed Lizard Preserve north of I-10. Any development of the site, residential or commercial, will irrevocably destroy the natural dune environment along with its animal and plant inhabitants . Through the creation of a Coachella Valley Fringe-Toed Lizard preserve, habitat for other associated dune flora and fauna is also being protected. Staff feels that adequate mitigation can be conditioned and carried out to reduce the environmental impacts to a level of insignificance. Accordingly, we are proposing certification of a negative declaration of environmental impact. II . SUMMARY: A. COMMERCIAL PROJECT The Palm Desert General Plan recognizes the concept of compatible commercial facilities within convenient proximity of residential areas . The proposed project covering 9 . 1 acres with up to 89,970 square feet of retail space is consistent with a "neighborhood center" . The property is not presently identified as a neighborhood center site in the general plan. If commission feels that a 9 . 1 acre neighborhood commercial center could be appropriate 7 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 at this location, then this matter can be recommended for approval to the city council based on the revised site plan. Considering that ARC has not been able to review the architectural plans, we would propose that the general plan/zone change not be forwarded to city council until ARC has reviewed the commercial architecture so that everything can be forwarded to the city council in one package. B. RESIDENTIAL PROJECT (TT 27882) The proposal is to create 143 single family lots with minimum areas of 5000 square feet and minimum lot widths of 55 feet. While these lots will be considerably smaller than those normally approved by the city, the overall density is 5.05 units per acre while the existing zoning allows for up to 7 units per acre. Therefore, were this 28.32 acres of land developed to the maximum, 198 units could be proposed most likely in a cluster or planned unit development format (condos or apartments) . A tract creating our normal 8, 000 square foot single family lots result in 3.8 units per acre, which would result in 108 units on this site. C. CONCLUSION Staff is prepared to recommend approval of both the residential and commercial aspects of this two part project once we have acceptable commercial and residential architecture. We are including appropriate draft resolutions and conditions to permit commission to proceed at this time if it so desires . If commission is not prepared to approve either or both the residential component and/or the general plan/zoning change for the commercial part of the project, then it should so indicate and direct staff to prepare a resolution of denial for submittal .at the next commission meeting. Alternatively, commission may wish to continue this matter until we have residential and commercial architectural plans that have been reviewed by ARC. 8 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6, TT 27882 MAY 17, 1994 III. RECOMMENDATION: Recommend approval of Case Nos. GPA 93-4, C/Z 93-4, PP 93-6, and TT 27882 to the city council with the direction that the cases not be forwarded to city council until the architectural review commission has had an opportunity to review and comment on the commercial and residential center architecture. IV. ATTACHMENTS: A. Draft resolution. B. Legal notice. C. Comments from city departments and other agencies . D. Plans and exhibits. Prepared by Reviewed and Approved by _ __. SRS/tm /�� 9 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT ADDENDUM TO: Planning Commission FROM: Steve Smith, Associate Planner CASE NO: TT 27882 SUBJECT: Staff Report Addendum We have recently been advised by Mr. Befeld, the owner of the Suncrest County Club which wraps around the residential portion of this Mayer subdivision, that Suncrest operates a golf-driving range to the east of Lot Nos . 45, 46, 47 and 48. The golfers tee-off from the east and drive west toward the Mayer property. The potential for stray golf balls to enter the Mayer property is heightened by the short length, some 230 + yards, of the driving range. As well, Mr. Befeld advised that stray golf balls could also be a problem on hole #2 which parallels the north side of the Mayer site. Mr. Befeld has discussed these matters previously with representatives of the applicant and both parties are apparently looking into solutions . Staff reviewed this concern with the city attorney who advised that the responsibility and liability rests with the golf course owner/operator. The city attorney also suggested that to help protect the city, a condition should be placed on the tentative map requiring the owner/developer of the residential portion of the Mayer tract to notify buyers of lots which have the potential to be impacted by the potential problem. Therefore, we are suggesting that the following condition be added to the draft resolution as Community Development/Planning Department Condition No. 13 : . That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 25 through 50 inclusive as shown on tentative tract map TT 27882 , that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 25 through 50 inclusive of the potential impacts from stray golf balls . Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge that he/she has previously been advised of this verbally. Copy of said written disclosure to be filed with the city within ten ( 10) days of close of escrow. SRS/tm CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 21, 1994 continued from May 17, 1994 CASE NOS: GPA 93=4, C/Z 93-4, PP 93-6 and TT 27882 REQUEST: Approval of a tentative tract map for a residential condominium project on 31 acres and a general plan amendment and change of zone from medium density residential (PR-7) to PC-2 (district commercial) on 9 . 1 acres with a precise plan of design allowing for up to 86 ,220 square feet of neighborhood shopping center at the northeast corner of Country Club Drive and Monterey" Avenue. APPLICANT: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 I. BACKGROUND: This development proposal was before commission May 17, 1994 at which time it was continued. At that time commission expressed the following concerns : i . Does the city need another neighborhood commercial center at this intersection? ii . Proposed lot sizes in the single family subdivision. iii . The fact that the architecture of both parts of the project had not received preliminary approval of the architectural review commission. iv. On the commercial center six satellite pads seemed excessive. II . ANALYSIS• The plan has continued to evolve. The neighborhood commercial center has been reduced in size to 86,220 square feet and parking has increased to 442 spaces plus 12 golf cart spaces . Given the number of golf carts in the immediate area it is felt that these spaces will likely be used. The total 454 parking spaces would support a center of 82,545 square feet. The 3675 square feet of difference amounts to 4 . 3% which is a reasonable amount of non- usable area. STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6 JUNE 21, 1994 III. RESPONSE TO CONCERNS RAISED LAST MEETING: i) Does the city need another neighborhood commercial center at this intersection? This is a matter that only planning commission and ultimately the city council can address . Commission is aware that an amendment to the general plan land use element is necessary before the zone change for the commercial parcel can be acted upon. Commission should also be aware that in discussions with the city attorney following the last meeting staff became aware that commission action on a general plan amendment requires more than a simple majority vote of the members present. Government Code Section 65354 and Municipal Code Section 25 . 94 .030 provide as follows : "A recommendation for approval shall be made by the affirmative vote of not less than a majority of the total membership of the commission. " According to City Attorney Dave Erwin this means that three affirmative votes are required for the planning commission to recommend approval of this matter to city council. Any action by less than three votes would result in a no action. There are several options that the commission may undertake. If there are three affirmative votes for the general plan amendment, then the commission can act on the other applications and the whole matter is referred to the city council with the planning commission on record as recommending approval . ii . Single family subdivision lot sizes .. May 17 commission expressed concern that the majority of the 143, lots were below 5500 square feet in area and lot widths were only 55 feet. This aspect of the plan has been revised from 143 lots to 136 lots and the minimum lot width is now 60 feet. This has also increased the lot area and lot depth for some lots. As well, the residential developer has chosen to revise the map further. The plan now calls for - a private gated residential community with private streets. We are effectively looking at a single family development with some common elements with a density of 4 .8 units per acre where up to 7 units per acre could be allowed. 2 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6 JUNE 21, 1994 iii . Architecture approved by the architectural review commission. As of May 17 the ARC had not approved the single family units and had not an opportunity to review the commercial plan. The single family dwelling plans were revised with the roof pitch being reduced and overall height being reduced. ARC reviewed these plans June 14, 1994 and granted preliminary approval subject to the applicant providing additional stucco color combinations and additional roof tile samples . The ARC also reviewed the commercial architecture June 14, 1994 and granted conceptual approval to the commercial center architecture. iv. Commercial center satellite pads. At the May 17 meeting concern was expressed that six satellite pads were too many. The plan has been revised and one ( 1) pad has been eliminated from the area adjacent to Monterey Avenue. IV. CONCERNS - REVISED COMMERCIAL PLAN: i . The revised plan has addressed many of the concerns expressed by commission at the May 17 meeting. The parking layout has changed considerably. Additional parking has been located at the northwest corner of the site. These 61 spaces will be the last to be used because they will be at the rear or sides of nearby buildings. The art/sculpture garden has been relocated to the corner, of Country Club Drive and Monterey Avenue. Twelve. ( 12) golf cart parking spaces are shown at the east end of the commercial buildings. This is consistent with city policy. This will be the first center to provide this amenity from the beginning. It should be utilized given the number of golf carts in Suncrest and Palm Desert Greens which will have easy access to this center. ii . Revised Residential Plan. The revised single family lots on the map are now minimum 60 feet wide and minimum area of 5857 square feet. The increase in lot area was achieved by reducing the number of lots, increasing lot widths and decreasing street parkway area. 3 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6 JUNE 21, 1994 The map now provides lot areas as follows: # Lots Less than 6000 square feet = 4 # Lots .6000 to 6499 square feet = 51 # Lots 6500 to 6999 square feet = 36 # Lots 7000 to 7499 square feet = 20 # Lots 7500 to 7999 square feet = 6 # Lots 8000 to 8999 square feet = 10 # Lots 9000 to 9999 square feet = 4 # Lots 10, 000 square feet or greater = 5 Total Lots 136 While the overall lot area average is now 6993 square feet the above chart indicated that 91 of the 136 lots (67%) will be less than 7000 square feet and 600 square feet of these lots is a direct result of changing the streets from public to private (i .e. 10 feet of parkway is now included in the area total of the lot) . V. CONCLUSION: The revised commercial plan is improved from that previously before commission. The architecture has been conceptually approved by the ARC. Planning commission and city council will need to determine if the city needs another neighborhood commercial center in this location. The revised residential plan provides for fewer units, lower density, larger lots, private streets, and gated entries. Commission will need to determine if these changes are sufficient to warrant approval . The ARC reviewed the house plans June 14 , 1994 and granted preliminary approval . The economic development advisory committee heard a presentation on June 16, 1994 and expressed general support. VI . RECOMMENDATION: Recommend to city council approval of GPA 93-4, C/Z 93-4 and revised TT 27882 . 4 STAFF REPORT GPA 93-4, C/Z 93-4, PP 93-6 JUNE 21, 1994 VII . ATTACHMENTS: A. Draft resolutions B. May 17, 1994 staff report C. Plans and exhibits Prepared by Reviewed and Approved by SRS/tm 5 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619) 341-7098 September 20, 1994 Mr. Scott Thayer Real Estate Manager Albertson' s , Inc. Southern California Division 1180 W. Lambert Road Brea, California 92622-7500 Re: NEC of Monterey and Country Club Palm Desert, California Dear Mr. Thayer: This is in response to your letter of September 8, 1994 . In discussing the question of the one year delay for zone changes with the city attorney, he stated that the ordinance was quite clear. However, he further indicated that the city council could, if presented with sufficient data, permit some zone change applications . If you have any questions, please don't hesitate to. call . Very truly yours, 1 RAMON A. DIAZ ASSISTANT CITY M AGER/ DIRECTOR OF COMMUkI TY DEVELOPMENT /tm o Re oC Paper SEP 7 ' 94 16 : 25 FROM, ALBERTSONS/3600 D%l! PAGE . O01 Alberlsonso September 8, 1994 RECEIVED SEP - 8 1994. COMMUNITY DEVELOPMENT DEPRRTMENT Mr. Ray Diaz CITY OF PALM DTSERI Planning Director City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 Re: NEC Monterey and Country Club Palm Desert, California Dear Ray: Albertson's would like the City Council to consider another zone change application similar to the one that was recently denied. Apparently the City has an ordinance whereby the applicant cannot re-apply for the same zone change request until the expiration of one year following the denial of said request. We believe that the arguments supporting such a request can be demonstrated well before the one year restriction. I Please advise as to whether the one year grace period can be waived. Sincerely yours, Scott R.Thayer Real Estate Manager cc: Greg Coins Jan Castenada Bob Mayer "rim Bartlett AL9ER5ON8, INC. .!SOUTHERN CALIFORNIA DIVISION OFFICE / 11$0 WEST LAMBERT ROAo/ P.O. BOX 7500 BREA, CALIFORNIA 926227500! 71.4-071.6100 * TOTAL PAGE . 001 *w CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: Mayor Wilson and City Council �� FROM: Department of Community Development DATE: September 8, 1994 SUBJECT: Mayer Trust Application GPA 93-4, C/Z 93-4, TT 27882 I . BACKGROUND: August 25 , 1994 city council directed staff to prepare resolutions of denial for the requested general plan amendment and change of zone. Those resolutions are attached hereto. The residential portion of the tentative tract map is consistent with the zoning, however, staff would prefer that the tentative map be referred to the planning commission for final action. This will permit us to look more closely at the appropriateness of the conditions and be assured that the remainder parcel ( 9 . 1 acres) can adequately connect to the 30+ acres being lotted by the map. SRS/tm i i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CHANGE OF ZONE FROM PR-7 (PLANNED RESIDENTIAL SEVEN UNITS PER ACRE) TO PC(2) (PLANNED COMMERCIAL) FOR 9 . 1 ACRES OF LAND AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE CASE NO. C/Z 93-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of July, 1994, hold a duly noticed public hearing which was continued to August 25, 1994, to consider the request of ROBERT L. MAYER TRUST for the above mentioned zone change; and WHEREAS, at said public hearing, upon hearing and considering all •testimony and arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its actions, as described below: 1 . That the proposed zone change would not be consistent with the general plan land use designation for the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct and constitute the findings of the city council in this case. 2 . That the city council does hereby deny C/Z 93-4 . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 1994, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FOR 9 . 1 ACRES OF LAND AT THE NORTHEAST CORNER OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE FROM MEDIAN DENSITY RESIDENTIAL TO DISTRICT COMMERCIAL CASE NO. GPA 93-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of July, 1994 , hold a duly noticed public hearing which was continued to August 25, 1994 , to consider the request of ROBERT L. MAYER TRUST for the above mentioned general plan amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said city council was not prepared to grant the requested amendment to the land use element to the general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows : 1 . That the above recitations are true and correct. 2 . That the city council does hereby deny GPA 93-4 . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 1994, by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: S . ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. DATE: August 25, 1994 III. CASE NOS: GPA 93-4, PP 93-6, and TT 27882 IV. APPLICANT: Robert Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 A. BACKGROUND: The above noted cases were before city council July 14, 1994 . Initially, council passed a motion directing staff to prepare a resolution of denial and bring it back to the council for adoption. Subsequently, council voted to reconsider the council action and continue the matter to August 25, 1994 . The motion indicated that the basis for the reconsideration (by the second on the motion) was that council will have a substantially different project with meaningful and substantial changes made to the commercial sections to review at that time. B. REVISED SITE PLAN: As of the writing of this report the plan continues to evolve. The residential plan has been reduced by 1 lot to 126 lots. The lot which was removed becomes lot C and will act as a landscape buffer at the main transition point between the commercial and the residential uses . The landscape buffer between the new property line on Country Club Drive and the first row of parking has been increased from 14 feet to 27 feet. This is in addition to an 8 foot wide sidewalk and 4 feet of landscape which are part of the public right of way. So the first row of parking will be 39 feet from the curb. The amount of parking in front of the market has increased from 30 rows to 32 parallel rows plus the 1 row of perpendicular spaces adjacent to Country Club. The loading docks for Albertson' s have been relocated to the northwest corner of the building. This can become a very sensitive issue but should be able to be solved with the installation of very mature landscape material (i.e. 42" and 54" box material) westerly of the loading dock. MAYOR WILSON AND CITY COUNCIL GPA 93-4, PP 93-6, TT 27882 AUGUST 25, 1994 The two access drives from Monterey and the east access drive from the main access from Country Club have all been redesigned to provide for broad sweeping curves which should ease truck movements . The retail shops on the west end of the market have decreased in size while those on the east end have seen an offsetting increase. As well, additional golf cart parking spaces will be placed in lot east of Pad 2. a These above noted changes resulted in gross building area being reduced from 86,220 square feet to 83,920 square feet and total parking being increased from 434 spaces to 437 spaces . That concludes the changes which had been made as of the writing of this report late Friday, August 12, 1994. Considering the evolution of this plan it would not be unusual for there to be additional changes before the council meets on August 25., 1994 . If additional changes are forthcoming, they will be described orally at the meeting. Prepared by: Reviewed and Approved by: SRS/tm CITY COUNCIL ACTION: APPROVED DENIED RECEIVED OTHER continued consideration of Tentati ; Tract Map 27882 to the mQana of 9 8 94. 2 denied the request for General Plan Amendmed Change of Zone. MEETING; AYES ZeJ Lu > NOES:` a 1 A .., ii J B. I - Original on File w th ty Cleric' s U_ iCe 2 City of Paint Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 22, 1994 Robert L. Mayer Trust P.O. Box 8680 Newport Beach, California 92656-86800 Re: GPA 93-4, C/Z 93-4, PP 93-6, OrT 27882 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 21, 1994 : PLANNING COMMISSION RECOMMENDED TO CITY COUNCIL APPROVAL OF GPA 93-4, C/Z 93-4 PP 93-6 AND TT 27882 BY ADOPTION OF RESOLUTION NOS. 1653 AND 1654 SUBJECT TO CONDITIONS AS AMENDED. CARRIED 3-1 (COMMISSIONER JONATHAN VOTED NO) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. RAM N A. DIAZ, C RY PALM DESERT PLANNI COMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal P p� PLANNING COMMISSION RESOLUTION NO. 1653 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT, CHANGE OF ZONE FROM MEDIUM DENSITY (PR-7) TO DISTRICT PLANNED COMMERCIAL (PC-2) , PRECISE PLAN, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A RETAIL/RESTAURANT COMMERCIAL CENTER UP TO 86,220 SQUARE FEET IN AREA, LOCATED ON 9 . 1 ACRES AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. CASE NOS. GPA 93-4, C/Z 93-4, PP 93-6 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of May, 1994, hold a duly noticed public hearing which was continued to June 21, 1994, to consider the request of ROBERT L. MAYER TRUST for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the project as mitigated will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons to exist to justify its actions, as described below: General Plan Amendment/Change of Zone 1 . District Commercial designation at the proposed location is consistent with the General Plan policy of . providing convenient neighborhood commercial services at major arterial intersections. 2 . The site provides for adequate design buffers to insure compatibility with adjacent land uses. Precise Plan 1. The design of the project is consistent with the goals and objectives of the PC-2 zone and the amended Palm Desert General Plan. 2. As conditioned, the project will be compatible with adjacent uses and will not depreciate property values in the vicinity. 3. The precise plan will not endanger the public health, safety or general welfare. PLANNING COMMISSION RESOLUTION NO. 1653 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and ccorrect and constitute the findings of the commission in this case. 2 . That the planning commission does hereby recommend approval to the city council of GPA 93-4 Exhibit "A" , C/Z 93-4 Exhibit "B" , and Precise Plan 93-6 on file in the department of community development/planning, and a Declaration of Environmental Impact Exhibit "C" . , PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of June, 1994, by the following vote, to wit: AYES: BEATY, WHITLOCK, SPIEGEL NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE G�4 ROBERT A. SPIEGEL, C p rson ATTEST: RAMON A. DIAZ, c ary Palm Desert Planni Commission 2 PLANNING COMMISSION RESOLUTION NO. 1653 CONDITIONS OF APPROVAL CASE NO. PP 93-6 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2 . The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 3. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 4 . prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Desert Sands Unified School District Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5 . That the applicant shall provide for installation of solid waste and recycling enclosures serving . all public buildings, per Ordinance No. 612, said enclosures subject to approval of Environmental Conservation Manager and shall be designed so as not to be visible from Country Club Drive or Monterey Avenue. 6 . Project is subject to Art in Public Places fee per Ordinance No. 473 . 7 . That pursuant to Resolution No. 90-130 this development shall pay the appropriate commercial development low income housing mitigation fee ($1 . 00 per square foot) . 3 PLANNING COMMISSION RESOLUTION NO. 1653 8. Project shall be responsible for the following traffic mitigation as recommended per the Linscott, Law and Greenspan Traffic Impact Report dated March 11, 1994 : i. All improvements recommended for the Country Club/Monterey Avenue intersection. ii . Proportional cost share of other impacted intersections as described in the report. Project responsibility shall be based upon refined intersection improvement estimates including all costs approved by the City of Palm Desert. iii . Full payment of TUMF. 9 . Project shall pay mitigation fee of $600 per acre in conformance with the Coachella Valley Fringe-Toed Lizard Habitat Conservation Plan based on 40 gross acres. . 10. Applicant agrees to maintain the landscaping required to be installed pursuant to these conditions . Applicant will enter into an agreement to maintain said landscaping for the, life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns . 11 . Applicant shall emphasize drought resistant and water conserving plant materials and irrigation technologies into the landscape plan. Parking lot shall conform to shade tree ordinance requirements . 12 . That the project provide the main access driveways from Monterey, Country Club and the street to the east across the width of the project with stamped concrete or equivalent to the satisfaction of the architectural review commission. 13 . That the applicant shall have prepared for city approval, a noise impact analysis report prepared by a qualified acoustical engineer identifying the noise impacts to be expected from the center and their impacts on the residential units to the north, west and east. 14 . That the recommended noise mitigation measures resulting from the noise impact analysis report shall become conditions of this approval . 15. That there shall be no security or parking -lot lighting mounted on the north wall of the supermarket building. Any lighting of the 4 PLANNING COMMISSION RESOLUTION NO. 1653 rear driveway area shall be from wall packs mounted on the property line wall dividing the residential area from the commercial area. No light shall exceed the height of the perimeter wall. In addition, a parking lot lighting plan prepared by a lighting engineer shall be required confirming compliance with the city's parking lot lighting restrictions. 16 . Delivery hours to the center shall be limited to 6 : 00 a.m. to 10':00 P.M. 17 . Store hours for the center shall be limited to 6 :00 a.m. to 12 :00 a.m. (midnight) 7 days a week.. . 18. That the perimeter driveway behind the buildings shall have speed bumps installed at 100-150 foot intervals. 19 . Albertson' s elevations shall be modified pursuant to the comments of commission to the satisfaction of staff/architectural review commission. 20. The applicant shall install all street improvements adjacent to both the proposed commercial and residential development prior to the issuance of a certificate of occupancy within the commercial portion. Department of Building and Safety: 1 . All new and existing overhead electrical distribution lines, telephones, cable antenna television and similar service wires or cables, which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25 .56 . 110 . The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25.56 . 130. 2. The applicant shall submit a digitized map in an ARC/INFO format to include all property lines, utility lines, right of ways, and building footprint outlines within the subdivision. The subdivision boundaries shall be digitized format to current industry standards . Department of Public Works: 1. Drainage fees in accordance With Palm Desert Municipal Code Section 26 .49 and Ordinance No. 653 shall be paid prior to recordation of the final map. 5 PLANNING COMMISSION RESOLUTION NO. 1653 2 . Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. The subject study shall include analysis of the upstream drainage conditions as they impact this project. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of new traffic signal and modification of existing signal systems for this project may be used as a credit against the subject signalization fees . Such a credit would be subject to approval by the Palm Desert City Council. 4 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at the time of building permit issuance. 5. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading /!' permit. ted as required by ✓ 6 plte ict map shall be of Public Works forand approval ordinance the Drector prior to the issuance of any permits. �7 . As required under Palm Desert Municipal Code Section 26 .28, and in accordance with Sections 26 .40 and 26 .44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. /. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits . ✓9 . In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Country Club Drive and Monterey Avenue shall be provided. Landscape shall be drought tolerant in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works . 6 PLANNING COMMISSION RESOLUTION NO. 1653 Y10 . Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed Country Club Drive and Monterey Avenue median islands as well as the proposed detention basin and tennis court areas shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. /1 . Full public improvements, as required by Sections 26 .40 and 26 .44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. In addition to the above noted items, those traffic impact mitigation measures identified in the project Traffic Impact Analysis prepared by Linscott, Law & Greenspan shall be provided. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Residential street sections shall be as shown on the tentative tract map with a minimum width of thirty-six feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. 12 . Applicant shall comply with the provisions of Municipal Code Section 12 . 12, Fugitive Dust Control. �13 . Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 14 . The northerly two project access locations on Monterey Avenue shall be limited to right-turn ingress and egress and left-turn ingress only with the southerly access being restricted to right- turn ingress and egress . The main Country Club Drive project access shall include traffic signalization with no movement restrictions. The secondary Country Club Drive access shall be limited to right-turn ingress and egress only. 15 . In accordance with Palm Desert Municipal Code Section 26 .44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues . /16 . Traffic safety striping on Monterey Avenue, Country Club Drive and the proposed residential streets shall be provided to the specifications of the Director of Public Works . A traffic control plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 7 PLANNING COMMISSION RESOLUTION NO. 1653 17 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. V/'l 8 . Applicant shall agree to participate in the proposed City of Palm Desert Monterey Street benefit assessment , district to the extent determined appropriate by proceedings of the City of Palm Desert. 19 . As required under Sections 26 .32 and 26 .40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. ,,//20 . Waiver of access rights to Country Club Drive and Monterey Avenue except at approved locations shall be granted on the Tract Map. 21. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 22 . The proposed storm water detention areas shall be designed to retain stormwaters associated with the toncr increase n addition d the undeveloped condition for a 25 year project design shall provide for the acceptance of off-tract flows from the property to the north. Storm flows associated with the proposed commercial area shall be mitigated as part of the site development of' that area. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided of the Tract Map. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10 . 301C. 2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 8 PLANNING COMMISSION RESOLUTION NO. 1653 3. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily, and 3000 for commercial. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration a 20 psi residual operating pressure. 4 . The required fire flow shall be available from a Super hydrant(s) ( 6" x 4" x 2-1/2" x 2-1/2") , located not less than 25 ' nor more than 200 ' single family, 165 ' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. 5 . A combination of on-site and off-site Super fire hydrants (6" x 4" x 2-1/2" x 2-1/2" ) will be required, located not less than 25' or more than 200' single family, 165 ' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available from any adjacent hydrant(s) in the system. 6 . Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7 . Prior to the application for a building permit, .the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civic Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000. " B . The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measure such as a fully fire sprinklered building. 9 PLANNING COMMISSION RESOLUTION NO. .1653 9 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 10 . Install a complete fire sprinkler system per NFPA 13. The post indicator valve and fire department connection shall be located to the front, not less than 25 ' from the building and within 50 ' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total . Exempted are one and two family dwellings . 11 . Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 12 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 13 . Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72 . Alarm plans are required for all UL central station monitored systems, uired or used. systems Maynbeirequireddperctype of occupancy classification. 14-103(a) ) 14 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens . 15 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 16 . All buildings shall be accessible by an all-weather roadway extending to within 150 ' of all portions of the exterior walls of the first story. The roadway shall not be less than 24 ' of unobstructed width and 1316" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32 ' wide with parking on one side. Dead- end roads in excess of 150' shall be provided with a minimum 45 ' radius turn-around (55 ' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5 ' radius or 10' diameter. City standards may be more restrictive. 10 PLANNING COMMISSION RESOLUTION NO. 1653 17 . Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the fire department. Minimum opening width shall be 16 ' with a minimum vertical clearance of 13 '6" . 18. A dead end single access over 500 ' in length will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal . Under no circumstances shall a single dead end access over 1300 feet be accepted. *Cul-de-sac to north needs emergency access from end of cul-de-sac into project. - 19 . Contact the fire department for a final inspection prior to occupancy. 20. All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval. Shake shingle roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage or Palm Desert. 21 . Commercial buildings shall have illuminated addresses of a size . approved by the city. 22 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be- submitted separately for approval prior to construction. Subcontractors should contact the fire marshal ' s office for submittal requirements . 23 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months. OTHER: 1 . Streets C-E-G require a 45 ' radius turn around. 2 . All turning radiuses must be 31' inside, 52 ' outside radius. 11 PLANNING COMMISSION RESOLUTION NO. 1653 EXHIBIT C Pursuant to Title 14, Division 6, Article 7,. Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NOS: GPA 93-4, C/Z 93-4, PP 93-6 APPLICANT/PROJECT SPONSOR: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 PROJECT DESCRIPTION/LOCATION: 40 acres at the northeast corner of Monterey Avenue and Country Club Drive to be developed with up to 136 single family units and a 9 . 1 acre neighborhood commercial site supporting approximately 89 ,970 square feet. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included also so be found attached, to avoid potentially significant effects, may June 21 1994 RAM N A. DIAZ DATE DIRECTOR OF COMMUN DEVELOPMENT SRS/tm 12 PLANNING COMMISSION RESOLUTION NO. 1654 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO CITY COUNCIL APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE 40 GROSS ACRES INTO UP TO 136 RESIDENTIAL LOTS AND A 9 . 1 ACRE LOT FOR A FUTURE NEIGHBORHOOD COMMERCIAL CENTER AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES THERETO FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF COUNTRY CLUB DRIVE AND MONTEREY AVENUE. CASE NO. TT 27882 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 17th day of May, 1994, hold a duly noticed public hearing which was continued to June 21, 1994 , to consider the request of ROBERT L. MAYER TRUST for approval of the above described project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89, " in that the director of community development has determined that the project as mitigated will not have a significant impact on the environment and a negative declaration has been prepared; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons as justified in the staff reports for TT 27882 dated May 17 and June 21, 1994 , on file in the department of community development, to exist to recommend approval of the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans . (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. PLANNING COMMISSION RLsOLUTION NO. 1654 WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources . NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows : 1. That the above recitations are true and correct and constitute the findings of the commission in this case. 2 . That it does hereby recommend to the city council approval of the above revised Tentative Tract Map No. 27882 for reasons set forth in this resolution subject to the attached conditions and approval of a Negative Declaration of Environmental Impact Exhibit "A" . PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning commission, held on this 21st day of June, 1994, by the following vote, to wit: AYES: BEATY, WHITLOCK, SPIEGEL NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE n ROBERT A. SPIEG ,, erson ATTEST: RAMON A. DIAZ, ec ary Palm Desert Planni Commission 2 w PLANNING COMMISSION RESOLUTION NO. 1654 CONDITIONS OF APPROVAL CASE NO. TT 27882 Department of Community Development: 1. The development of the property shall conform substantially with exhibits . on file with the department of community development/planning, as modified by the following conditions . 2 . Construction of portion of said project shall commence within two years from the date of this approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4 . Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance form the following agencies : Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of -a building permit for the use contemplated herewith. 5 . Trash provisions including recycling shall be approved by applicable trash company and city prior to issuance of building permit. 6 . Applicant shall pay school impact fees as arranged by the Desert Sands Unified School District. 7 . Project shall be subject to Art in Public Places fee per Ordinance No. 473 . 8. That any future development on Lot No. 128 for a neighborhood commercial center is subject to the city first approving a precise plan of design for same. 3 - JI PLANNING COMMISSION R46OLUTION NO. 1654 9 . That the applicant submit and receive approval of the architectural review commission of a landscape and wall plan to be installed with each phase. 10 . That the single family lots shall be developed in compliance with the following provisions: Maximum Building Height 18 feet and 1 story Minimum Front Setback 20 feet Minimum Rear Setback 15 feet Minimum Side Yard Setback 15 feet total, minimum 5 feet Street Side Yard Setback 10 feet 11. That appropriate sound mitigation measures be designed by an acoustical engineer to mitigate noise from the commercial center for Lot Nos. 1 through 16 inclusive and to mitigate noise from Monterey Avenue as it impacts on Lot Nos . 16 through 25 inclusive to a level consistent with the Noise Element of the General Plan for residential land use. 12 . The applicant shall install all street improvements adjacent to both the proposed commercial and residential development prior to the issuance of a certificate of occupancy. 13.. That the developer of the residential portion of the property shall disclose verbally and in writing to buyers of lots numbered 23 through 45 inclusive as shown on tentative tract map TT 27882, that the lot in question may be susceptible to impact from stray golf balls from the Suncrest Country Club. The developer/seller shall verbally disclose to all potential buyers of Lots 23 through 45 inclusive of the potential impacts from stray golf balls. Additionally, the developer/seller shall disclose in writing, in a form reviewed and approved by the city, during the escrow process that the lot may be impacted by stray golf balls from the Suncrest Country Club. Buyer will acknowledge that f said/she has written previously been advised of this verbally. Copy o disclosure to be filed with the city within ten ( 10) days of close of escrow. 14 . That the map be amended to provide for average lot areas of 7500 square feet. Department of Building and Safety: 1. A11 new and existing overhead electrical distribution lines, telephones, cable antenna television and similar service wires or cables, which are adjacent to the property being developed, shall be installed underground as part of development from the nearest existing pole not on the property being developed per Palm Desert Municipal Code Section 25.56 . 110 . The developer or owner is responsible for complying with these requirements per Palm Desert Municipal Code Section 25 .56 . 130. -4 . i PLANNING COMMISSION RESOLUTION NO. 1654 2. The applicant shall submit a digitized map in an ARC/INFO format to include all property lines, utility lines, right of ways, and building footprint outlines within the subdivision. The subdivision boundaries shall be digitized format to current industry standards. Department of Public Works: 1. Drainage fees in accordance with Palm Desert Municipal Code Section 26 .49 and Ordinance No. 653 shall be paid prior to recordation of the final map. 2 . Any drainage facilities construction required for this project shall be contingent upon a drainage study prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to 'start of construction. The subject study shall include analysis of the upstream drainage conditions as they impact this project. 3. Signalization fees, in accordance with City of. Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to issuance of any permits associated with this project. The costs associated with the installation of new traffic signal and modification of existing signal systems for this project may be used as a credit against the subject signalization fees. Such a credit would be subject to approval by the Palm Desert City Council. 4 . The project shall be subject to Transportation Uniform Mitigation Fees (TUMF) . Payment of said fees shall be at the time of building permit issuance. 5 . A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 6 . Complete tract map shall be submitted'as required by ordinance to the Director of Public Works for checking and approval prior to the issuance of any permits . 7 . As required under Palm Desert Municipal Code Section 26 .28, and in accordance with Sections 26 .40 and 26 .44, complete improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval before construction of any improvements is commenced. Offsite improvement plans to be approved by the Public Works Department and a surety posted to guarantee the installation of required offsite improvements prior to permit issuance. 8. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 5 PLANNING COMMISSION RL.;OLUTION. NO. 1654 9 . In accordance with the Circulation Network of the Palm Desert General Plan, installation of one-half landscaped median island in Country Club Drive and Monterey Avenue shall be provided. Landscape shall be drought tolerant in nature. A cash payment in lieu of actual installation may be submitted at the option of the Director of Public Works. 10. Landscape installation on the property frontages shall be drought tolerant in nature and maintenance shall be provided by the property owner. Landscaping maintenance for the proposed Country Club Drive and Monterey Avenue median islands as well as the proposed detention basin and tennis court areas shall be provided through a landscape and lighting maintenance district. Applicant shall be responsible for the formation of said district. 11 . Full public improvements, as required by Sections 26 .40 and 26 .44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. In addition to the above noted items, those traffic impact mitigation measures identified in the project Traffic Impact Analysis prepared by Linscott, Law & Greenspan shall be provided. The subject report and proposed mitigation measures shall be approved by the Public Works Department. Residential street sections shall be as shown on the tentative tract map with a minimum width of thirty-six feet. Rights-of-way as may be necessary for the construction of required public improvements shall be provided on the Tract Map. 12 . Applicant shall comply with the provisions of Municipal Code Section 12 . 12, Fugitive Dust Control. 13 . Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 14 . The northerly two project access locations on Monterey Avenue shall be limited to right-turn ingress and egress and left-turn ingress only with the southerly access being restricted to right- turn ingress and egress . The main Country Club Drive project access shall include traffic signalization with no movement restrictions. The secondary Country Club Drive access shall be limited to right-turn ingress and egress only. 15 . In accordance with Palm Desert Municipal Code Section 26 .44, complete grading plans/site improvement plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to issuance of any permits. In addition to all standard engineering design parameters, the plan shall address appropriate circulation-related issues. 16 . Traffic safety striping on Monterey Avenue, Country Club Drive and the proposed residential streets shall be provided to the specifications of the Director of Public Works . A traffic control PLANNING COMMISSION RESOLUTION NO. 1654 plan must be submitted to, and approved by, the Director of Public Works prior to the placement of any pavement markings. 17 . Proposed building pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 18. Applicant shall agree to participate in the proposed City of Palm Desert Monterey Street benefit assessment district to the extent determined appropriate by proceedings of the City of Palm Desert. 19 . As required under Sections 26 .32 and 26 .40 of the Palm Desert Municipal Code, all existing overhead utilities shall be placed underground per the respective utility district recommendation. If determined to be unfeasible, applicant shall agree to participate in any future undergrounding district. 20. Waiver of access rights to Country Club Drive and Monterey Avenue except at approved locations shall be granted on the Tract Map. 21. Prior to start of construction, the applicant shall submit satisfactory evidence to the Director of Public Works of intended compliance with the National Pollutant Discharge Elimination (NPDES) General Permit (Permit # CAS000002) for storm water discharges associated with construction. 22 . The proposed storm water detention areas shall be designed to retain stormwaters associated with the increase in developed vs . undeveloped condition for a 25 year storm. In addition, the project design shall provide for the acceptance of off-tract flows from the property to the north. Storm flows associated with the proposed commercial area shall be mitigated as part of the site development of that area. Drainage easements as may be necessary for the construction of required storm drain facilities shall be provided of the Tract Map. Riverside County Fire Department: 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: The fire department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Sec. 10. 301C. 2 . A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 7 PLANNING COMMISSION RESOLUTION NO. 1654 3. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of 1500 for single family, 2500 for multifamily, and 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for two hours duration a 20 psi residual operating pressure. 4 . The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/211 ) , located not less than 25 ' nor more than 200 ' single family, 165 ' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways . Hydrants installed below 3000 ' elevation shall be of the "wet barrel" type. 5. A combination of on-site and off-site Super fire hydrants (6" x 4" x 2-1/2" x 2-1/211 ) will be required, located not less than 25 ' or more than 200 ' single family, 165 ' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways . The required fire flow shall be available from any adjacent hydrant(s) in the system. 6 . Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the fire department prior to request for final inspection. 7 . Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief . Upon approval, - the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civic Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. " "System has been designed to provide a minimum gallon per minute flow of 1500, 2500, 3000. " S. The required fire flow may be adjusted at a later point in the permit process to reflect changes in design, construction type, area separations, or built-in fire protection measure such as a fully fire sprinklered building. 9 . Comply with Title 24 of the California Code of Regulations, adopted January 1, 1990, for all occupancies. 10. Install a complete fire sprinkler system per NFPA 13 . The post indicator valve and fire department connection shall be located to PLANNING COMMISSION RESOLUTION NO. 1654 the front, not less than 25 ' from the building and within 50 ' of an approved hydrant. This applies to all buildings with 3000 square feet or more building area as measured by the building footprint, including overhangs which are sprinklered per NFPA 13. The building area of additional floors is added in for a cumulative total. Exempted are one and two family dwellings . 11 . Install a fire alarm (water flow) as required by the Uniform Building Code 3803 for sprinkler system. Install tamper alarms on all supply and control valves for sprinkler systems. 12 . Certain designated areas will be required to be maintained as fire lanes and shall be clearly marked by painting and/or signs approved by the fire marshal. 13. Install a fire alarm as required by the Uniform Building Code and/or Uniform Fire Code. Minimum requirement is UL central station monitoring of sprinkler system per NFPA 71 and 72. Alarm plans are required for all UL central station monitored systems, systems where any interior devices are required or used. (U.F.C. 14-103(a) ) May be required per type of occupancy classification. 14 . Install portable fire extinguishers per NFPA, Pamphlet #10, but not less than 2A10BC in rating. Fire extinguishers must not be over 75 ' walking distance. In addition to the above, a 40BC fire extinguisher is required for commercial kitchens. 15 . Install a Hood/Duct automatic fire extinguishing system if operating a commercial kitchen including, but not limited to, deep fryers, grills, charbroilers or other appliances which produce grease laden vapors or smoke. NFPA 96, 17, 17a. 16 . All buildings shall be accessible by an all-weather roadway extending to within 150 ' of all portions of the exterior walls of the first story. The roadway shall not be less than 24 ' of unobstructed width and 1316" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36 ' wide with parking on both sides, 32 ' wide with parking on one side. Dead- end roads in excess of 150 ' shall be provided with a minimum 45 ' radius turn-around (55 ' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5 ' radius or 10 ' diameter. City standards may be more restrictive. 17 . Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the fire department. All controlled access devices that are power operated shall have a Knox Box over-ride system capable of opening the gate when activated by a special key located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall � 9 PLANNING COMMISSION RESOLUTION NO. 1654 also be approved by the fire department. Minimum opening width shall be 16 ' with a minimum vertical clearance of 13 ' 6" . 18. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure approved by the Fire Marshal. Under no circumstances shall a single dead end access over 1300 feet be accepted. *Cul-de-sac to north needs emergency access from end of cul-de-sac into project. 19 . Contact the fire department for a final inspection prior to occupancy. 20 . All new residences/dwellings are required to have illuminated residential addresses meeting both city and fire department approval . Shake shingle roofs are no longer permitted in the cities of Indian Wells, .Rancho Mirage or Palm Desert. 21. Commercial buildings shall have illuminated addresses of a size approved by the city. 22 . All fire sprinkler systems, fixed fire suppression systems and alarm plans must be submitted separately for approval prior to construction. Subcontractors should contact the fire marshal's office for submittal requirements. 23 . Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within 12 months . OTHER: 1 . Streets C-E-G require a 45 ' radius turn around. 2 . All turning radiuses must be 31' inside, 52 ' outside radius. -10 PLANNING COMMISSION RESOLUTION NO. 1654 EXHIBIT A Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: TT 27882 APPLICANT/PROJECT SPONSOR: Robert L. Mayer Trust P.O. Box 8680 Newport Beach, CA 92656-8680 PROJECT DESCRIPTION/LOCATION: 40 acres at the northeast corner of Monterey Avenue and Country Club Drive to be developed with up to 136 single family units and a 9 . 1 acre neighborhood commercial site supporting approximately 86,220 square feet. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. June 21 1994 RAM ON A. DIAZ DATE DIRECTOR OF cOMMUNMN DEVELOPMENT SRS/tm 11 City ®f Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: May 18, 1994 Robert L. Mayer Trust Post Office Box 8680 Newport Beach, California 92656-8680 Re: GPA 93-4, C/Z 93-4, PP 93-6 and TT 27882 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of May 17, 1994 . PLANNING COMMISSION CONTINUED GPA 93-4, C/Z 93-4, PP 93-6 AND TT 27882 TO JUNE 21, 1994 BY MINUTE MOTION. CARRIED 2-1 (CHAIRPERSON SPIEGEL VOTED NO, COMMISSIONER JONATHAN WAS ABSENT) . Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen ( 15) days of the date of the decision. RAMON A. DI AZ, f?C ARY PALM DESERT PLACOMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal flPa c r Paper '^'� "' '' SUNCRF tiT COO UN ! R V Ct OF Maisel! Is 1"RE"m M,ONES ��.�7�.Gi�I '_ , �� �� !I��•� , �,� ice!i' � `I�''I�O"B = �.. • ���f�� �� - „'II'G"L.�,1I 0�®00 f s 1 P f.l IJ O 1 p 1 O tii - � J N 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUES.T-.FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S) : TT 27882, GPA 93-4, C/z 93-4, PP 93-6 PROJECT: APPLICANT: ROBERT L. MAYER TRUST Post Office Box 8680 Newport Beach, California Enclosed please find materials describing a project for which the following Is being requested: Tentative tract map for a 143 unit single family subdivision on 31 acres and a general plan amendment and change of zone from medium density residential , PR-7 to PC-2, district commercial on 9. 1 acres for a precise plan of design allowing a 100,000 square foot neighborhood shopping center ar the northeast corner of Country Club Drive and Monterey Avenue. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval . The city is Interested in the probable impacts on the environment ( including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. March 11, 1994 1 in order to be discussed by the land division committee. The land division committee (comprised of director of community development, city building official , city engineer, fire marshal , and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any Information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, ---------------------------------------- RAMON A. DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN MAP WITH COMMENTS F� 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S) : TT 27882, GPA 93-4, C/z 93-4, PP 93-6 PROJECT: APPLICANT: ROBERT L. MAYER TRUST Post Office Box 8680 Newport Beach, California Enclosed please find materials describing a project for which the following is being requested: Tentative tract map for a 143 unit single family subdivision on 31 acres and a general plan amendment and change of zone from medium density residential , PR-7 to PC-2, district commercial on 9. 1 acres for a precise plan of design allowing a 100,000 square foot neighborhood shopping center ar the northeast corner of Country Club Drive and Monterey Avenue. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval . The city is interested in the probable Impacts on the environment ( including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. March 11, 1994 1n order to be discussed by the land division committee. The land division committee (comprised of director of community development, city building official , city engineer, fire marshal , and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, - ------- RAMON A. DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN MAP WITH COMMENTS I OffOENGINEERS, INC. CIVIL ENGINEERS,PLANNERS AND CONSTRUCTION CONSULTANTS TRANSMITTAL TO: City of Palm Desert J.N. 93 . 426.2. 11 73-510 Fred Waring Drive DATE: 02/11 /94 Palm Desert, CA 92260 ATTN: Phil Drell - Planning Dept. RE: Plot Plan - Mayer FOR YOUR FILES PER YOUR REQUEST FOR REVIEW AND COMMENT FOR APPROVAL ITEMS SENT: 20 - Blueprints - Plot Plan 1 - Acetate - 8; x 11 REMARKS: Please process. RESPECTFULLY SUBMITTED,K.W.C. ENGINEERS, INC. Edward G. Sloman Vice President cc : Bob Mayer Steve Sanberg Tim Bartlett EGS:kec 1269 W. POMONA ROAD, SUITE 104• CORONA, CALIFORNIA 91720 • (909) 734-2130 • FAX (909) 272-3308 U073-510 FRE WARING DR., PALM DESO, CA 92260 SUBDIVISION MAP ,I�P���40©I� fr��BRB : ���mL�uo®uu+� � �wtidamaoaw�wB�V aa�G�as a �OaanauG�o® a1GnGadmau a Robert L. Mayer CITY OF PALM DESERT f Apwraant ( please print TREASURER'S P. O. Box 8680 RECEIPT - 8501 no 759-8091 Mailing Addrsu RECEIVED FROM: nuns Newport Beach, -8680 ' U ry :doe REQUEST! (Desal a soeclNp nature ,—� DATE �"L— AMOUN Requestinq app FOR -h will subdivide a 3-1 CpPA 93 —Ci RECEIVED:CITYAS Y N PROPERTY DESCRIPTION: ACCOUNT NO. AMOUNT Northeast cor ASSESSOR'S PARCEL NO. EXISTING ZONING Property O"er Aurnonxatlan Mein and Mreoy give aurnw- CHECKS ACCEPTEDSUB,IECTTOBANKCLEARA CE ors Agreement aosoMng me City a 1 00 BY MY SIGNATUPM s regar417 any deed restncrions Operator: CR '" Date: 12/09/93 09 Receipt: (064122 \ Total Payrrent f2231.00 04122 �� 3d ..y 4 Nmaunt Tendered $22a�-0 Data Nk- . �'` Applicants Signature PAY OR //- 1iyi�j Zj Signature R Dan (FOR STAFF USE ONLY) Environmental Status red try, try, ❑ Mlnisnrlal Act E.A.No. ❑ Categortani Exemonan CAME U�Jt1Ug� 7' y�1 ❑ Negative Declaration a ❑ Omer Reference Case No: r�«.a+.eers�airvra ors r.rwe �� DESCRIPTION OF LOT 144 - OFFICE PROFESSIONAL AREA TENTATIVE TRACT MAP NO. 27882 NORTHEAST OF MONTEREY AVENUE AND COUNTRY CLUB DRIVE BEGINNING at the northeasterly corner cut-off of Monterey Avenue, 110 . 00 feet in width, located north of Country Club Drive: Thence northerly along the easterly right-of-way of said Monterey Avenue, North 01 ° '17 ' 04" East, a distance of 509.29 feet; Thence leaving said easterly right-of-way of Monterey Avenue, North 890 43 ' 11 " East, a distance of 477. 10 feet; Thence South 760 28' 05" East, a distance of 164. 28 feet; Thence South 830 09 ' 08" East, a distance of 34. 68 feet; Thence South 01 ° 18' 18" West, a distance of 230.74 feet; Thence South 88' 41 ' 48" East, a distance of 103.73 feet; Thence South 110 38' 02" East, a distance of 198. 37 feet to a point on a curve concave westerly, having a radius of 307.50 feet; Thence southerly along said curve through a central angle of 110 15 ' 32", an arc distance of 60�. 43 feet; Thence South 000 22 ' 30" East, a distance of 11 . 00 feet to the northerly right-of-way of County Club Drive, with a one-half width of 44 . 00 feet; Thence westerly along said northerly right-of-way of Country Club Drive, South 89° 37 ' 30" West, a distance 804 . 46 feet; Thence North 000 22 ' 30" West, a distance of 11 . 00 feet; Thence North 440 10 ' 13" West, a distance of 33.00 feet to the POINT OF BEGINNING. J.N. 93 . 426.2 December 3, 1993 LGL4262 .rk3 I 618-020-003 618-460-024 618-460-025 Nancy J & William Troy C E & Nancy Tremblay General Telephone Co Of Calif 835 Myrtle Ave 75755 Calle Tranquilidad 1 Gte P1 3601 Brooklyn Ny 11206 Indian Wells CA 92210 Thousand Oaks CA 91362 618-460-026 618-480-016 616-480-017 General Telephone Co Of Calif William M Shernoff Lillian R & Sam Anderman 1 Gte P1 3601 600 S Indian Hill Blvd 1440 Hillview Cv Thousand Oaks CA 91362 Claremont CA 9.1711 Palm Springs CA 92261 618-480-020 618-480 -021 620-180 -003 Irene Daniel Richard J Mahler- Robert L Mayer 211 Desert Lakes Dr Po Box 4079 Po Box 8680 Rancho Mirage CA 92270 Palm Springs CA 92263 Newport Beach CA 92658 620-180-018 620-180-019 622-020-001 Gerhard & Marie Befeld Gerhard & Marie Befeld Foundation For Retarded Childr 73450 Country Club Dr 73450 Country Club Dr 73255 Country Club Dr' Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 622-020-002 622-031-001 622-031-002 Housing Authority Of County Of Mitsukazu & Taeko Kawaguchi Ronald I & Arlene Schwartz 5555 Arlington Ave 40024 Sagewood Dr 40032 Sagewood Dr Riverside CA 92504 Palm Desert CA 92260 Palm Desert CA 92260 622-031-011 622-033-015 622-033-016 Silktree Homeowners Assn Samuel H & Rose Hill Thomas E & Peggy Yeager 3732 Mount Diablo Blvd 309 40045 Sagewood Or 40041 Sagewood Dr' Lafayette CA 94549 Palm Desert CA 92260 Palm Desert CA 92260 622-033-017 622-033-018 622-033-019 Van G & Judy Tanner David P Schreiber . . Hiroshi & Frankie Fukuda 40033 Sagewood Dr 1520 E Maplewood Ct 12361 Louise St Palm Desert CA 92260 Littleton Co 80121 Garden Grove CA 92641, 622-033-022 622-033-023 622-033-024 Lucky Stores Inc Monterey Partner Ltd Partnersh Monterey Partner- Ltd Partnersh Po Box Bb 110 W Las Tunas Dr 110 W Las Tunas Dr Dublin CA 94568 San Gabriel CA 91776 San Gabriel CA 91.776 6227033-015 622-033-026 622-033-027 Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Monteley' Partner Ltd Partnersh 110 W Las Tunas Dr 110 W Las Tunas Dr 110 W Las Tunas Dr San Gabriel CA 91776 San Gabriel CA 9.1776 San Gabriel CA 9.1.776 622-033-028 622-033-029 Mobil Oil Corp Monterey Partner Ltd Partnersh Po Box 290 110 W Las Tunas Dr Dallas Tx 75221 San Gabriel CA 91776 " " 29 Printed ' " ` 618-020-003 618-460-024 618-460-025 Nancy J & William Troy C E & Nancy Tremblay General Telephone Co Of Calif 835 Myrtle Ave 75755 Calle Tr'anquilidad 1 Gte P1 36G1 Brooklyn Ny 11206 Indian Wells CA 92210 Thousand Oaks CA 91362 618-460-026 616-480-016 618-480-017 General Telephone Co Of Calif William 11 Shernoff Lillian R & Sam Anderman 1 Gte Pl 3601 600 S Indian Hill Blvd 1440 Hillview Cv Thousand Oaks CA 91362 Claremont CA 91711 Palm Springs CA 92264 618-480-020 618-480-021 620-180-003 Irene Daniel Richard J Mahler Robert L Mayer 211 Desert Lakes Or Po Box 4079 Po Box 8680 Rancho Mirage CA 92270 Palm Springs CA 92263 Newport Beach CA 92658 620-180-018 620-180-019 622-020-001 Gerhard & Marie Befeld Gerhard & Marie Befeld Foundation For Retarded Childr 73450 Country Club Or 73450 Country Club Dr 73255 Country Club Or Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 622-020-002 622-031-001 622-031-002 Housing Authority Of County Of Mitsukazu & Taeko Kawaguchi Ronald I & Arlene Schwartz 5555 Arlington Ave 40024 Sagewood Or 40032 Sagewood Dr Riverside CA 92504 Palm Desert CA 92260 Palm Desert CA 92260 622-031-011 622-033-015 622-033-016 Silktree Homeowners Assn Samuel H & Rose Hill Thomas E & Peggy Yeager 3732 Mount Diablo Blvd 309 40045 Sagewood Dr 40041 Sagewood Dr `- Lafayette CA 94549 Palm Desert CA 92260 Palm Desert CA 92260 ! 622-033-017 622-033-018 622-033-019 Van G & Judy Tanner David P Schreiber Hiroshi & Frankie Fukuda 40033 Sagewood Or 1520 E Maplewood Ct 12361 Louise St Palm Desert CA 92260 Littleton Co 80121 Garden Grove CA 92641 622-033-022 622-033-023 622-033-024 Lucky Stores Inc Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Po Box Bb 110 W Las Tunas Dr 110 W Las Tunas Dr Dublin CA 94568 San Gabriel CA 91776 San Gabriel CA 91776 622-033-025 622-033-026 622-033-027 Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh 110 W Las Tunas Or 110 W, Las Tunas Or 110 W Las Tunas Or San Gabriel CA 91776 San Gabriel CA 91776 San Gabriel CA 91776 - 622-033-028 622-033-029 Mobil Oil Corp Monterey Partner Ltd Partnersh Po Box 290 110 W Las Tunas Dr `> Dallas Tx 75221 San Gabriel CA 91776 ` " ' 29 Printed " ` 618-020-003 67.8-460-024 618-460-025 Nancy J & William Troy C E & Nancy Tremblay General Telephone Co Of Calif 835 Myrtle Ave 75755 Calle Tranquilidad 1 Gte P1 3601 t Brooklyn Ny 11206 Indian Wells CA 92210 Thousand Oaks CA 91362 618-460-026 618-480-016 618-480-017 General Telephone Co Of Calif William M Shernoff Lillian R & 'Sam Anderman 1 Gte P1 3601 600 S Indian Hill Blvd 1440 Hillview Cy Thousand Oaks CA 91362 Claremont CA 91711 Palm Springs CA 92264 618-480-020 618-480-021 620-180-003 Irene Daniel Richard J Mahler Robert L Mayer 211 Desert Lakes Or Po Box 4079 Po Box 8680 Rancho Mirage CA 92270 Palm Springs CA 92263 Newport Beach CA 92658 620-180-018 620-180-019 622-020-001 Gerhard & Marie Befeld Gerhard & Marie Befeld Foundation For Retarded Childr 73450 Country Club Dr 73450 Country Club Dr 73255 Country Club Or Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 u, 622-020-002 622-031-001 622-031-002 Housing Authority Of County Of Mitsukazu & Taeko Kawaguchi Ronald I & Arlene Schwartz 5555 Arlington Ave 40024 Sagewood Dr 40032 Sagewood Dr Riverside CA 92504 Palm Desert CA 92260 Palm Desert CA 92260 622-031-011 622-033-015 622-033-016 Silktree Homeowners Assn Samuel H & Rose Hill Thomas E & Peggy Yeager 3732 Mount Diablo Blvd 309 40045 Sagewood Dr, 40041 Sagewood Dr Lafayette CA 94549 Palm Desert CA 92260 Palm Desert CA 92260 622-033-017 622-033-018 622-033-019 Van G & Judy Tanner David P Schreiber Hiroshi & Frankie Fukuda 40033 Sagewood Or 1520 E Maplewood Ct 12361 Louise St Palm Desert CA 92260 Littleton Co 80121 Garden Grove CA 92641 622-033-022 622-033-023 622-033-024 Lucky Stores Inc Monterey Partner- Ltd Partnersh Monterey Partner- Ltd Partnersh Po Box Bb 110 W Las Tunas Dr 110 W Las Tunas Dr Dublin CA 94568 San Gabriel CA 91776 San Gabriel CA 91776 622-033-025 622-033-026 622-033-027 Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh 110 W Las Tunas Dr 110 W Las Tunas Dr 110 W Las Tunas Dr' San Gabriel CA 91776 San Gabriel CA 91776 San Gabriel CA 91776 622-033-028 622-033-029 Mobil Oil Corp Monterey Partner Ltd Partnersh Po Box 290 110 W Las Tunas Dr Dallas Tx 75221 San Gabriel CA 91776 " ` 29 Printed l 618-020-003 618-460 -024 618-460-025 Nancy J & William Troy C E & Nancy Tremblay General Telephone Co Of Calif 835 Myrtle Ave 75755 Calle Tranquilidad 1 Gte P1 3601 Brooklyn Ny 11206 Indian Wells CA 92210 Thousand Oaks CA 91362 618-460-026 618-480-016 618-480-017 General Telephone Co Of Calif William M Shernoff Lillian R & Sam Anderman 1 Gte P1 3601 600 S Indian Hill Blvd 1440 Hillview Cv Thousand Oaks CA 91362 ! Claremont CA 91711 Palm Springs CA 92264 v 618-480-020 618-480-021 620-180-003 Irene Daniel Richard J Mahler Robert L Mayer 211 Desert Lakes Or Po Box 4079 Po Box 8680 Rancho Mirage CA 92270 Palm Springs CA 92263 Newport Beach CA 92658 620-180-018 620-180-019 622-020-001 Gerhard & Marie Befeld Gerhard & Marie Befeld Foundation For Retarded Childr 73450 Country Club Or 73450 Country Club Dr 73255 Country Club Dr L Palm Desert CA 92260 Palm Desert CA 92260 Palm Desert CA 92260 622-020-002 622-031-001 622-031-002 Housing Authority Of County Of Mitsukazu & Taeko Kawaguchi Ronald I & Arlene Schwartz 5555 Arlington Ave 40024 Sagewood Dr 40032 Sagewood Dr Riverside CA 92504 Palm Desert CA 92260 Palm Desert CA 92260 622-031-011 622-033-015 622-033-016 Silktree Homeowners Assn Samuel H & Rose Hill Thomas E & Peggy Yeager 3732 Mount Diablo Blvd 309 40045 Sagewood Dr 40041 Sagewood Or i Lafayette CA 94549 Palm Desert CA 92260 Palm Desert CA 92260 622-033-017 622-033-018 622-033-019 Van G & Judy Tanner David P Schreiber Hiroshi & Frankie Fukuda 40033 Sagewood Dr 1520 E Maplewood Ct 12361 Louise St i Palm Desert CA 92260 Littleton Co 80121 Garden Grove CA 92641 622-033-022 622-033-023 622-033-024 Lucky Stores Inc Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Po Box Bb 110 W Las Tunas Dr 110 W Las Tunas Or Dublin CA 94568 San Gabriel CA 91776 San Gabriel CA 91776 L 622-033-025 622-033-026 622-033-027 Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh Monterey Partner Ltd Partnersh 110 W Las Tunas Dr 110 W Las Tunas Or 110 W Las Tunas Dr -- San Gabriel CA 91776 San Gabriel CA 91776 San Gabriel CA 91776 622-033-028 622-033-029 Mobil Oil Corp Monterey Partner Ltd Partnersh Po Box 290 110 W Las Tunas Dr C Dallas Tx 75221 San Gabriel CA 91776 . " ` 29 Printed i' . j "Notice: This isngither a plat nor SLir%'--" is furnished merely as a convenicrict,to air In locating tho land indicated hereon reference to street and other land. No is assumed by reason of any reliance hrrcen." 0) VS,/ ZZJ07 9v J07 R"Jol WG -79GI61 91VV-ZSt7H--.- v 70J Yod OD SN33&9 113S30 Q. t4j Q: z Zt o NF LIJ U Ahlyd 5,V33Y9 H7Vd Lri LC) J.3 C14 Lr) CO o Qz Qz a, 03 to z to (�D C)z QC1 C m � OD T .�cvrr, JY-?SJG M 7 vd Q3 % ti In N h1 ; �` 62/-/9 "Notice: This is neither a plat ncr a survey. hT,q A. 0/B- 04/ 622 - 02 FTHIS MAP /S FOR is furnished merely as a convenience to aid you 0/8- 054 ASSESSMENT PURPOSES ONLY POR. N112 SEC. 8 T. 5 S. R, 6 E. 41 locating the land indicated hereon %•,ith 018-076 POR. CITY PALM DESERT s es.QumAC'to streets and other land. No liability 62 620 620 620 /8 27 28 9 . — Z4 I = S6� \ . . ,pp., ... T� -•ram-•• T--�— -�...... l - ... c6Y 53 •• I.VUIY � �I � •_ --�— CITY :z9a.7j zsd.zj �� 827 47 OF cx.�z' PALM DESERT 1�/S ati' L/M/TS J dll 60 t 235. Ex 1624 � ` O 7 29.15Ac.-1 EX Q �` n d 93 37/.2'�' 0 3j=. . '' ti 624 41 O O ly n Fa7 IS' 15L1e' a 26 Q 24./7- AC. o ti ly. I sa. C 729Ac 725Ac u of I 5/ OA rE 10L11 NO.I NEW h0 10/50 134,m, 146.55Ac� d �,60 ell �t lJ b W V I 16J,6( I !6.-V O " \1 i1"o/./7' I. 3/ 618 I ? /3Z S.la _ 2Q68G ZQB BG 827. 77 /325.3 s H � 7/9/1/9, 20 I 63 11ZZ.1Z 1 63 PG 33 02 .t9 v63( ImrE NfW No an tic i1044.46 1 �!,r, 15/Br 8.11 1 PC 19 U — ,�E— �---- Q N I/D/!!9j Ili I49,SL ._.. Q 331.47 33/.39' 33135 .. 331.31 331.99 I3/90 tJ IVO JO 14190 I 5749 ! 30 30 + 3/ 32 0 57.56 O 33 0 O ® v v ;� s>:se 4.75 Ac 463 Ac 4.75 Ac 429Ac± 4.75Ac 4.75Ac 4.75 Ac V 55,60 ti v 3.%Ac ipO EX I ass.sl. 6/ U 0.46 Ac 9 h 33/ 4j " I 6/ 33/¢B z3149 � 33/.Q3 73'';; 33196 ... NB9� 48'37"E 5303.3Z � DArf IOLO NOI NE.r NO 1,0/ec -006 Km,r.sr 5 lei z..16 I 3e u/6+ 3, ( 39,40 DATA, R537184 O6 O7 '�•" MS11214/ - 3z•3-t-'�ze0-' + . A18104120 RS34 38 +/e3 22 42.5T. /tAes of 4J,37 I 04 44, 5- ASSESSORS MAP BK622 Pu 02 os 4s 5T 4/E6 r ,I/ST RIVERSIDE COUNTY, CALIF b6 +3-4s +e JUL Y�80 TM/5 MAP /S FOR TRA 017-048 6/ 8 46 ASSESSMENT PURPOSES ONLY /V 112 SE //4 SEC. 6, T, 5S. R. 6 E - 017-150 620-06 017-169 44 AR 1&46 I I I W I e Por 3 ^ c o • v /2 h Par/ For 2 -/./6 AC t o / O •°. O a O Per 4 5.00AC O I 5.00AC , I /.26AC o, /.26AC "+ a /3 2 ^ ` 1./6 AC ` it /GS' /LS• JOJ.3J' TRA 017- 169 ^ I Q 6 V O O ? 4.34 AC y' n 5.00AC I 5.00AC „ CD45 ! I u ( 0t62O v 9.52AC I v F ^ tjo n 4.34AC t rl 5.00AC S.00AC 434.03• cc cc_ - 5-v9. r9. ' _ r -tU Ser 20/Fa 3.547C} ; TRA 0/7-150 0.34A a PU o Par 2 PU OO / N a ® 0.46Ac ` o 4.65Acs .; 3.00AC /.76AC 5.00AC I I ^ I J.96Ac See 10/_33-547 C-Po. 6 ` 400./s' 2J4' JO OA7f OLD NO NEv MD 2L SL. 84' u r /OBS 10 24 ST. :ee /7 22 Si /e 2J ST DATA: a L.0 PLAT , RS. 541J8 /9 tI sr.R S. 36175 P M 11146 ROTCel Mop 5421 „se t/ rn,at PS 78/87 ply 146158-59 21843 /D/so t2 tT sr. RS 87/J6 "Notice: This is neither a plat nor a survey It is furnished merely as a convenience to -ir u locating the land indicated h-,,- .1 :ference tcr streets and other land y ASSESSOR' s assumad by reason of any reliance he. ...." S MAP 8K 6/8 PG 46 R/VERS/DE COUNT Y, CAL/F sFPT . 19R7 __ - 620- 07 TRA. -048 618 - 4 8 T 5S. R. ,/b/7-/33 . -- •Notice' ?his is neither a plat nor a surrey• 1' 017-176 furnished merely as a convenience to aid S1�2 SE l/4 SEC. 6, ' cetind the land indicated hereon / aterence to streets and other land. !Vo Gabi!r. s assumed by reason o'. any reliance ha:°o,- / } / a r� I I I I I U s 5.00 AC I SOOAC I I 4.76 AC 4. 34 Ac f TRA 0/7-176 j TRA 017- 176 Iss' M 5.00AC I I 5.00 AC 4.76AC 4.7fiAC I o e q I n ° TRA 017-176 Lj o I LOOAC u 2 p O z/•r.e' O � l 2/ I o I 5.00 AC I I 4.00AC 3 - - _. .B8Aci TRA O/7-/J3 I 467AC 4.67AC 4.24 AC x i I m SS OEX O n Ih .88AL 353 AC 4.04Ac i IH7-Sc'SJ"M 718_ Darr OLD NO. NE� NO. rs. sr �' D2 Dies i r. I zo,Sr ,q I re Izr,sr RS 36175 � I ��0 I ASSESSORS MAP 8K 618 PG 48 RIVERS/DE COUNTY CALIF Q) y Sou /9 24 41. ;-4 Ql a00 00 r O I; w v 0 W V ti U, 0 0 �l m 0 .Now/2'S/'F 2G 52.YGIN :- y! rb v o - A U J n n A o n Z_ - -- - - - - - - - - - - - -- - - - - - - - - - - -- Z ; — — - - — OUAILTREE ZSY/. LB LANE % C w N - rz) 4 O n� h L N y o w ^ ml ado � n 0 m CITY LIMITS RANCHO MIRAGE �Jo as 9Ja.Os iYao / � A 2664616 3173 is 26643 MONTEREY CITY LIMITS PALS/ OEERT AVE 4. o W 0 A ^ P V v 55 44 i CITY RANCHO M/RAGE LIMITS � _. . L�YEST L1nIE SECe //o^///Qs•• /J2o.LL . . �1 0l �_. / O CITY PAL M DESERT LIMITS UO --lot — —1— _ Bo vo.98 /36.82 p ' 7B.76' z i SN U 1 _ NN'L Oi O ' n � 55 I 44 v, o N ' p a o � 7O/7•). 0o r d /zs• 1 w � R `A• 40' BS' 1 i 90' 9'V i \ •/7 J9 LT �q� s ` i q c a O t 485d p a � y ! I' •� Iv m //J.33 4 O ry c•T<,V i �� � b bi 9 b O O ; r^ W G I :w ) O / ' N 14118' i. III �J W O GC "ysZ .ro ! a f p v a `�ii IS (31 of � BZ27' L W •;J , I� y, h d N O \ W b tl�b� 118.01' r � p / / �. .9Q S.t F ` c•C 3J'J8 85.65' O ` A .a \ o• pl rb s W N N •s• 0 W 1� .o I p d 0 N A \ V � N a,+ 1p ro.Js 2 O 014� u Y, O 4r Jr�) O 'B, oI 4, o ya " 9w, y .3' c O ok 1T.16 Qq 55 S7 117 v e O O 4 yo.b )O 4 °.l y c v C N 'A k � W 7 � � rc bt w 4, C \P r3 P C o JZ2.lJ < •1663 ( 0 `_ dj •n lSLOS' Y l; 0 O N 0 90.9of /Jxr 1 44 o P. r � 146106 J ----------- - G i 30 G k� •1 . ' • �s� 17 16 31 32 18 01 15 14 13 PAC I z ,.. • _ 2y'' - O — are • T-P t, GB T o Dr -J 10 5 �✓ O t71 P� 5 5 -i rL KDip _ 2 _p �e /000� 00 Y 1-100Ht"iiii LL U-_ ♦ ANi �= L�5 � L55 1Lbe PGH h4 LSS 13cf� �� a am • IIPION�' EREY AVENUE PL�aNTLEGENO SYMBOL BOTANICAL NAME COMMON NAME CITY SIZE REMARKS h f TREES: JA JACARANDA ACUTIFOUA JACARANDA S 38'BOX a JA JACARANDA ACUTIFOLIA JACARANDA 8 24'BOX OE OLEA EUROPAEA EUROPEAN OLIVE 4 Is, FIELD GROWN MULTI t PK PYRUS KAWAKAMII EVERGREEN PEAR 17 3E•BOX STANDARD - O y PRO PROSOPSIS A.•COLORADO' CHI LEAN MESQUITE 4 3E•BOX STANDARD n+'i PRO PROSOPSIS A.'COLORADO' CHILEAN MESQUITE 17 24'BOX STANDARD t, 4— /O PALMS l CH CHAMAEROPS HUMIUS MEDITERRANEAN FAN PALM 3 W BOX �P I� CH CHAMAEROPS HUMIUS MEDITERRANEAN FAN PALM 3 24'BOX 1 PD PHOENIX DACTYUFERA DATE PALM 19 25•BTH SHOVEL CUT HRUSS: BL BOUGAINVILLEA'U JOLLA' -POUGAINVILLEA 14 S GAL CJIRISSA G.•BOXWOOD BEAUTY' NATAL PLUM 125 b GAL I '. CGP CARISSA G.'PROSTRATA' PROSTRATE NATAL PLUM 70 5 GAL CN CASSIA NEMOPHILA BUSHY SENNA 27 b GAL ^ DIB DIETES BICOLOR FORTNIGHT LILY 82 b GAL a' G y DO NERIUM OLEANDER'PETITE PINK DWARF OLEANDER 84 b GAL EV EIIRYOPS P.%IRIDIS' GREEN LEAF ELIRYOPS 62 b GAL ! j LFT LEUCOPHYLIUM C.THUNDERCLOUD' TEXAS RANGER 43 b GAL PC PRUNUS C.13RIGKT N TIGHT' CAROLINA CHERRY 18 1E GAL GG o ' XCC XYLOSMA CONGESTUM COMPAcw DWARF XYLOSMA b b GAL V V R � r l � j I � '� r:` I • NI 1 yr ,+ �3 .• 9I6 :,r VINES: c •ETD 8011GAINVILLi?A TEXAS DAWN' BOUGAINVILLEA E4 b GAL � O • ` ` ' J . GROUNDCOVER: ' FLATS e'O.C. U. i Gb P( 5 AC ANNUAL ,y SEASONAL FLOWERS • r'" �J v BCH BACCHARIS P.'CENTENNLAL' BACCHARIS 1 GAL 4'O.C. • . _ • P K CP CASSIA PHYLLODENIA t CASSIA b GAL Q 3'O.C. • p,G /• GMY GAZANIA WITSUWA YELLOW AFRICAN DAISY FLATS ®12,O".C. )� O LS V j S LANTANA M.'SPREADING SUNSHINE' YELLOW PROS.LANTANA 1 GAL 3'O.C. Z1 HYDRO HYBRID BERMUDA 832E APRIL 1-SEPT 31 OVERSEEDED WITH PERENNIAL RYE OCT 1 •MARCH 3t • 23 ' SEE MODEL CENTER PLANS FOR THIS AREA Q _ (FROM tfYpRf)SrFDj • A AH FVMWOOD�HEADER FINES • 1K'[1EPTN TD C4YL?QQI�tT LLTLLY J.- % l!) r r NOTE: CONTRACTOR TO VERIFY QUANTITIES PRIOR TO B1DDitV1 AND NOTIFY LAN')SCAPr ARCHITECT. 61 W 62 ALLOWANCE: .;� i• _ • ( D O The conE a-0or steal.provide$1,000 00 to be used for plant material not listed on the legend,which writ be specified and field located by ttte Larldscslpe Architect aa. .. h 1 M tlris dtowance j4 n4'WK d E`N j/�/- or i Doty�artFdl} used.the unused portion shag be refunded to the Owner by the Landscape Contractor. �. !f"ry�• ., � � �J"�o �n/' -J UHTi PRICES: f - `" 0 � --T i- Nshafl W P 11 The Landscape ContractI`AITOc 6�,nft prices lbi oft gta,l mat�ria'and IrrigaGnn his bid to the LIMIT r Y•• maY.•,iw'wtr• sul,rnrt','�ii I) WARNING: Owrw Man _ Z' ✓u ��— Plant material listed may or may, p flare be6n roved b tf,e f;cuflurat Commissioner's office a,9-�� Uj _ Plant material not conforming Mint quarantine laws may be destroyed and clw'I action taken All plant meier,a!a _ +tPP Y AS Lenda�e�nrratof.vt.ae..«,tact r,.e.-.bP �, _ d rlcultural commissioners r�o,�r l Ae •PP de ila r rn•�w.w w, � • �� � '• _. etJb}eCt 10 Inspection at the discreGbn od E,i! office. All plant malaria!must be hoe hom red scatr•(AoniCionw AurarrtY' � , H 7 LIGHTING LEGEND .. Io a a �. � •, SYMBOL DESCR1l5TION LAMP OTY uj �� P ' • , Lf Wall Washer(Uplight 13 Watt 55 /DO1 CU-FL13-120V Fluorescent LU �� 1 , , , • • • CO (619) 328-9431 t j -1) w O • K • emu 0 Palm Tree Well Light 32 Watt 19 = cr 4. • Psc7 .. . Lumierg,C12104 Fluorescent _ - - R� u (619) 779-9094 S • 0 , r] , L • PG i pC � All fixtures to be mounted on perms past. • Install per manufacturer's specifications. _ 4' SPECIFICATIONS t+ • L'�W rJ 3�)' GP • SHEET ❑ BOOK ❑ PSb W • ac ', �, PROJ. MGR. RP x. , , • CO F • Pv.-T DRAWN: ss a R� �• . • , 1 CHECKED: BK • . , 55 - o LSS 57 PROJ. NO: 9 4 41 1 CN O • DATE:�, • 2-8- 95 J - - REVISIONS NEU • I P.�v , • � V • Ar r .•,wr NORTH A 22 " Z-24 Co 6 3 I_i 1 P a ,. Sri W44 ♦ GRAPHIC SCALE = O 60' 40' 20' 10' 0 • = a� ix. VOLA i = o CV WD APPROVAL SCALE. 1 —20 -0 AC, �MY _ SHEET NO: i oIs PPM 1 COUNTRY CLUB DR E x .v 7 ...•.r.... ..,♦ .,..... _ ., ...,.. ,. ... '+•'x?&'iwW x• .,: r+.x,.,a .. r ' " '.. _. all -- -� 1413708 SOIL MIX, 2/3 NATIVE SOIL V3 KELLOGS NITROHUMUS 3 TIMES OF ROOT BALL st PL ROW OF SHRUBS A MIN ANT I r, 3 OF ROOT BALL ta" 00/ _ _. • itt OF 113 FROM OUT51DE OF HEADER •' J 6 WHERE SHRUB ARE USED �� ' t PLANT SLIGHTLY ABOVE I ► I 1 i+ 1 _�1 I� : IN GROUPING THIS DETAIL x SOIL LEVEL hit f Y ' ? IS TO BE EXTENDED IN WIDTH SO THAT THE SOIL MIX IS _ i Iiljl ; ► 'Y 1 CONTINUOUS FROM PLANT •c f '-----DEPTH OF ROOT BALL t� ` CUT-OFF TOP SECTION OF STAKE (J }Y TO PLANT. } r AFTER DRIVING INTO GROUND I -d1 Ap; , , _ �KEEP SOIL MOIST NOT WET -- o�t TWICc DEPTH OF ROOT BALL USE 3 GALVANf7ED NAILS ly" LAWN (SOIP) KEEP LAWN MOWED I BELOW TCP OF HEADER BOARD CUT OFF TOP SECTION HOF STAKE AMMERING BY I r' CUT-OFF TOP SECTION OF 1 STAKE DAMAGED BY HAMMERING -- - TREE TRUNK VARIES TREE TRUNK PLASTIC OR RUBBER HOSE k 12" PAST VINE BOTH SIDES TYP. SNUG AROUND TRUNK f ,� r; ?, ' Na10 GAUGE GALVANIZED WIRE --� --- No.lO GAUGE GALVANIZED WITH RUBBER OR PLASTIC HOSE CABLE CLAMPS TREE(MULTI-TRUNK) - WIRE WITH RUBBER OR AROUND WALL ANCHOR & SCREWS i r PLASTIC HOSE AROUND „ NO. 12 GALVANIZED WIRE ROOT BALL WITH18GAUGE GAL WIRE I BYE►"WrgNO00 HEADER BOARD SECTION(2) 2 BY 2 BY 10'-0 REDWOOD TYP. ao sc.�uE � VMINATED STAKBOARDS STAKES OR LOOGEPWE POLE TURNBUCKLES TO EQUALIZE FINISH GRADE TREAT ALL WOOD BELOW GRADE —(1)- 2�� BY 2�� BY 10' Of `r� AND MAINTAIN TAUTNESS OF WIRE --- t I WITH COPPER NAPHTENATE REDWOOD STAKE OR AS MANUFACTURED BY MOBIL OIL. o LODGEPINE POLE WATER BASIN _ o iY PLACE STAKES MIN. 5'-0''O.C. AND AT ENDS OF BOARD 4 g o �� No.12' GALVANIZED WIRE _ `� r! rfr�y� --SOIL(NATIVE) N 1 BY 3 CROS6TiE . WATER BASIN REDWOOD �DEADMEN 2 by 4 by24 _ c -� �,r'�x �•�� • bRIVEN 2-0 INTO THE GROUND y - WATER BASIN N �,► a �A o+ € FIN. GRADE OR GALV. STEEL SPIKES , - FINISH GRADE = c _ _ BACKFILL MIX — - = i�/ t�-�^ ' � Y� ���• C I 4 LAMINATED REDWOOD BENDER _ W �� „ i SEE SPECIFICATIONS �o -� o'''�z,. '`r:: -S �-� / BOARDS AS REQUIRED TO MAKE o i ROOT BALL ,.� N I t o 1 i ROOT BALL C Z �.� <r .� „ I' BACKFlLL MIX: l f r I K_:' a� • - ; t� i , `" G • r„�. A SMOOTH CURVE. (SEE SPECS.) a ` r I"s 4°x 12" SPLICE BLOCK AT BACK FILL MIX (SEE SPECSa = ° e�' �- .- �' <. •a ^"[/J%f JOINT -- FERTILIZER TABLETS(SEE SPECS) FERTILIZER TABLETS(SEE SPECS) , I ><4 HEADER BOARD ONE AND ONE HALF _ ONE AND ONE HALF TIME PLAN VIEW LAMINATED 2 TIMES WIDTH OF R00T•BALL ��` �� �� NO SCALE TIME WIDTH OF WIDTH OF ROOT BALL �� s .;<". . Jf* ROOT UALL ) I' �, aol ����, L�r VINE GRADE I, SINGLE STAKE TREE DETAIL DOUBLE STAKE TREE DETAIL TREE GUYING DETAIL SHRUB PLANTING & VINE ESPALIER DETAIL REDWOOD HEADER BOARD DETAIL 5 & 15 GALLON 24" BOX 36" BOX & LARGER f PLANT PALM SO THAT AXIS IS PLUMB NNW a: Cn 0 IBA W�' ": ♦ aam REMOVE ALL EXCEPT TOP u • _ ,� eviLOlNo ..--...* � , C�,1 FIXTUR�s J _4_TO 5 .FRONDS 0.1S' (!;Y� _ DUR-A-LITE �... Q Z * .t�.1001»Troo Standard Features W I �� - i Finish-Powder coated black finish will resist „s , - yu fi scratching,fading,and harsh weather conditions. Uj e 1 t Construction-The Dur-A-Lite body is constructed t from heavy gauge steel,then zinc coated for n corrosion resistance. i } � � t ,� •. � maximum strengtha d co o �` W 0-tRtMir l :AAA Reflector-Our highly polished aluminum reflector is designed to provide optimal lumen output ;1 j Mounting-Heavy duty swivel designed for industrial TAMP & WATER-SETTLE _PLANT UP TO 10 DEEPER 5 -0" O R LESS 5'-0" O R LESS r and commercial applications. ' a 1' • WHILE PLANTING - - �, �� THAN PREVIOUS GRADE OF --- PALM (DATE PALMS ONLY) { Lens- I/8 " clear acrylic is used for durability I .. ( a a / i z end strength. I * . W Lamp- 13W- 10,GWFIour compact fluorescent replaces J _ 100 watt flood lamp,and reduces energy consumption ' H up to 80%. �- V r ur1' N W U. , � �: ,. F,lectrical- Listed Wet Location L1,1 -7 i = a PLANT TABLETS N _ -- Slbl�M'ALK/'AYINfl Iw, . ► �p - k �,� tions Available LINEAR ROOT BARRIER Le 1 d-2 BY 5,7,9,watt lamps also avail W I : i•, -il, IN• i BACKFILL MIX - SEE SPEC'S —� � j I I • ��� ' Green or White powder coat �.a 'DEEP ROOT'OR EOUAL. INSTALL , `�, 6 1/2"Male mounting Spike T� W h z � 'T • Cold weather ballast . fN W Mou>; I (n ROOT BALL PER MANUFACTURERS SPEC'8. MADE IN THE USA SPECIFICATIONS • - --� 4,50 to----� MODEL M LAMP LUMENS LENGTH DEPTH HEIGHT - •2XDIA ._ � . _. SHEET ❑ BOOK ❑ OF ROOT BALL FL13-120v 13watt 900 8 5/8" 2 trz° 1t" C-1 A •8 A� )r'L26-120v 2-13Watt 1800 8 5B" 3 1/8" 8" _! !� M FL13-12V 13 Watt 900 8 5/8" 2 1/2" 8" .� F126-12V 2-13 Watt 1800 8 5/8" 3 1/8" 8" PROJ. MGR. DISTRIBUTED BY: R P CLI Fixture Cathedral City,Ca.' DRAWN: i Ph.(619)328-9431 Fax(619)770-7182 1-ROO-755-0155(Outside Ca.) ®r'"faer P^eylrner"11W Page 2 - CHECKED: BK FL 13- 120 V PROJ. No: PALM TREE DETAIL ROOT BARRIER DETAIL 9441 - 1 LIGHTING CUT-SHEETS ' DATE: PLANTING NOTES LIGHTING NOTES REVISIONS: ALL PLANTED EAS ARE TO BE GRAD r ~1. BEFORE ANY PLANTS ARE LOCATED, GRADED IN AN 1. QUA ITIES LISTED ARE FOR THE CONVENIENCE OF THE CONTRACTOR ONLY AND ARE NOT �y , w ACCEPTABLE MANNER TO ASSURE POSITIVE DRAINAGE INTENDED FOR ACCURATE BIDDING USE. 2. SEPARATE ALL SHRUB/GROUNDCOVER AREAS FROM LAWN AREAS WITH 1X4 REDWOOD 2. ALL WORK AND MATERIALS.SHALL CONFORM TO LOCAL CODES AND ARE SUBJECT TO HEADERBOARD. APPROVAL BY THE LANDSCAPE ARCHITECT OR OTHER REPRESENTATIVE OF OWNER. 3. SEPARATE ALL ANNUAL COLOR AREAS FROM GROUNDCOVER OR LAWN WITH 1 X4 REDWOOD 3. ALL LIGHT FIXTURE LOCATIONS ARE SHOWN DIAGRAMMATICALLY ON THIS PLAN. ACTUAL HEADERBOARD. LOCATIONS SHALL BE DETERMINED IN THE FIELD AND APPROVED BY THE LANDSCAPE ARCHITECT AFTER TREES HAVE BEEN PLANTED. 4. PLANT SHRUBS A MINIMUM OF 30" FROM ALL LANDSCAPE LIGHT FIXTURES. 4. ALL LIGHT FIXTURES SHALL BE LOCATED AT A MINIMUM OF 5' (FIVE FEET) FROM POOL, SPA, 5. WHERE CIRCUMSTANCES PERMIT, DO NOT PLANT TREES CLOSER THAN 5' (FIVE FEET) TO AN LAKE OR FOUNTAIN EDGE. ALL LIGHTS TO BE INSTALLED WITHIN 10' (TEN FEET) OF WATERS EDGE OF PAVING, HEADERBOARD OR ROOF LINE. EDGE TO HAVE GFI. 6. WHERE CIRCUMSTANCES PERMIT, DO NOT PLANT SHRUBS CLOSER THAN 3' (THREE FEET) TO 5. INSTALL CONVENIENCE OUTLETS AS LOW AS LOCAL CODES PERMIT. ' AN EDGE OF PAVING OR HEADERBOARD. 6. INSTALL"ELECTRICALCONDUIT TO THE EDGE OF PLANTING AREAS SO AS NOT TO INTERFERE 7. REMOVE ESPALIERED PLANTS FROM THEIR TRAINING FRAMEWORKS AND ATTACH TO THE WALL WITH PLANT HOLE EXCAVATION. CONDUITS IN THE WAY OF TREE HOLES SHALL BE AGAINST WHICH THEY ARE PLANTED. ATTACH PLANTS IN THE SAME PATTERN IN WHICH THEY RELOCATED AT NO EXTRA CHARGE. HAVE BEEN TRAINED. ', 7. LIGHT FIXTURES ARE TO BE LOCATED 6" (SIX INCHES) FROM THE EDGE OF PAVING AND LAWN 8. LANDSCAPE PLANS ARE DIAGRAMMATIC FOR CLARITY OF READING. PLANTING MAY BE AREAS. ADJUSTED IN FIELD. 8. INSTALL PHOTO-ELECTRIC SWITH WITH TIMER SHUT-OFF. MANUAL OVERRIDE SWITCH TO BE 9. MOUNDING AND ROUGH GRADE TO 1/10 FT. TO BE PROVIDED BY OTHERS. FINISH GRADE TO LOCATED PRIOR TO INSTALLATION. BE PROVIDED BY LANDSCAPE CONTRACTOR. 9. ALL LIGHT FIXTURES TO BE INSTALLED PER MANUFACTURER'S SPECIFICATIONS. 10. WHERE MOUNDING OCCURS ADJACENT TO STREET OR WALKS, SWALES SHALL BE FORMED ALONG THE STREET OR WALK TO CONTROL IRRIGATION RUN OFF. 10. MOUNT FIXTURES AS LOW AS POSSIBLE. SCREEN (WHERE POSSIBLE) WITH PLANTING. SHEET NO: 11. PLANT QUANTITY LIST IS PROVIDED FOR THE CONVENIENCE OF THE CONTRACTOR/CLIENTAND 11. ALL CONDUIT TO BE SCH 40 PVC WITH GALVANIZED 90 RISERS. USE BELL S.P. GALVANIZED IS NOT INTENDED FOR ACCURATE BIDDING PURPOSES. STEEL UL LISTED EXTERIOR BELOW GRADE JUNCTION BOXES. a s 12. IF REQUIRED, THE OWNER OR OWNER'S REPRESENTATIVE SHALL SUBMIT PLANS TO THE 12. ALL ClArUITING, SWITCHING AND CONNECTIONS TO BE BY ELECTRICAL CONTRACTOR. F APPROPRIATE PLANNING AND AGRICULTURE DEPARTMENTS PRIOR TO SUBMITTAL FOR LIGHTING PLAN INDICATES FIXTURE LOCATIONS ONLY AND IS NOT INTENDED TO BE AN BUILDING PERMITS. ELECTRICAL PLAN. PP = 2 , 4 �I 13. ANY TREE PLANTED WITHIN 5' OF HARDSCAPE SURFACE(EDGE OF SIDEWALK,WALLS,CURBS, ETC.) MUST HAVE "ROOT GUARD" INSTALLED AT TIME OF PLANTING PER MANUFACTURER'S ,SSE DRAWINGS AND SPECIFICATIONS ARE COPYRIGHTED BY RONALD GREGORY ASSOCIATES, INC. SPECIFICATIONS. FOR USE ON THIS PROJECT ONLY AND MAY NOT BE REPRODUCED W ANY WAY WITHOUT THE EXPRESSED WRITTEN CONSENT OF RONALD GREGORY ASSOCIATES, INC. ©'95 f A ` PRECISE PZ A N F I� TA/VTA T/I/� TI?ACT MAP NOo 27'882 /N THE CITY OF PALM DESERT, COUNTY OF RIVERS/DE, STATE CAL/PORN/A OCTOBER 1993 OWNER.• DE!/EL OPER.• i C/O MA) E A' //VVESIME NI CORP. S.H. SAA15ZWO 4- PARTNERS, /NC. PA YNT6 fr' - W/L L SEY PROF'ERT/ES, /NC, P.O. BOX 8680 2914 E. KATELLA AVENUE 17671 /RV/NE BLVD. NEWPOR7- BLACH, CA. 92658 ORANGE, CA, 92667 SUITE 204 (714) 759-9091 (6 19) 329- 0265 TU5T11Va CA. 92 680 (714) i771-6892 LEGAL DESCRIPT/ON 11 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECT/ON 5, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERIVARDINO BASE AND MERIDIAN UTIZIT/ES.• r>� - { SEWER &WATER. COACHELLA VALLEY WATER D/STRICT (C. V. W. 0 GAS. SOUTH RN CAL/PORN/A GAS CO. P.O. BOX 1059 75095 IVAYFAIR OR/VE COACHELLA, CA. 92236 PALM ��=RT, CA. 92260 (619) 398-2651 (619) 335-7624 i TELEPHONE- GENERAL TELEPHONE SCHOOL DESERi,^ SANDS UNIFIED 45590 ✓ACKSON D/STR/CT.• 82879 HIGHWAY 111 /ND/q CA. 92201 INDIO, CA. 92201 (619) 345-0532 (619) 7 75-3541 ELECTRIC.• SOUTHERN CALIFORNIA EDISON DISPOSAL: WASTE MMANAGEMENT OF DESERT 36700 CATHEDRAL CANYON DR. 41575 ECLECTIC CATHEDRAL CITY, CA. 92234 PALM PESERT, CA. 92261 (619) 321--4228 (679) .1340-2113 GENERAL NOTES:• l 1. GROSS ACREAGE.• 37.42 AC. NET ACREAGE- 36.51 AC. 2. PROPOSED LAND USE.- RES/DENT/AL, NEIGHBORHOOD COMMERCIAL & PUBLIC UTILITY 3. EXISTING SITE ZONING- PR7 PROPOSED .SITE Z01V11 G` PR7 PC-2. 4. EXISTING LAND USE- VACANT .5. EXISTING GENERAL PLAN DESIGNATION.- MEDIUM RESIDENTIAL PROPOSED GENERAL PLAN DES/GNATION.• MEDIUM RESIDENTIA L / NEIGHBORHOOD COMMERCIAL 6. ADJACENT PROPERTY • LAND USE AND ZONING, NORTH - MOBILE PARK & GOLF COURSE / R2-1200 SOUTH - SHOPPING CENTER / PC-2 WEST - PUD-M & LOW DENS/TY RESIDENTIAL (RANCHb MIRAGE) EAST - VACANT/ W-2 CONTROLLED DEVELOPMENT 7. THIS TRACT MAP NO. 27892 WILL BE FINALIZED IN TWO SEP�RATE PHASES 8. LOT 'A C. V. W D. 9LOT "Y • DETENTION BASIN 70. LOT "C" LANDSCAPE 71, ENTRY STREETS TO HAVE GATES. PLOT TABULATION: PLAN 1 (1000 S.F.) 14 PLAN 2 (1322 S.F.) 23 PLAN 3 (1527 S.F.) 36 PLAN 4 (1555 S.F.) 30 PLAN 5 (1720 S.F.) 24 TOTAL 127 FRONTAGE.• STREET NAMES FRONTAGE REMARKS I f LEN. MONTEREY AVENUE 1239. 52 L. F. W'L Y. R/W ONL Y 13429. 52 L. F. COUNTRY CZ UB DR. 1234.98 L . F. NZ Y. R/W ONL Y 1324.98 L . F. 'A " STREET 191. 00 L.F. N"L Y. & S'L Y. R/W 2i `)0. 00 L . F. "B" STREET 1979. 00 L. F. N"L Y. & S'L Y. R/W 9�9. 40 L.F. "C" STREET 790. 00 L. F. N"L Y. & S'L Y. R/W J., 9. 86 L. F. "D" STREET 2107. 00 L. F. N"L Y. & S'L Y. R/W 949. 30 L.F. "E STREET 572. 50 413.50 L. F. L.F. N"L Y. & & S'L Y. E'L Y. R/W R/W 3 2.45 11 1'S. 91 L. F. L. F. "F" STREET 897. 50 L. F. W"L Y. & E'L Y. R/W 469.27 L.F. "G" STREET 401.50 611.50 L. F. L. F. W"L Y. N"L Y. & & E'L Y. S'L Y. R/W R/W 240. 03 L F. 249.94 L. F. "H" STREET 1071, 00 L. F. W' L Y. & -L Y. R/W 3Y,6. 87 L. F STREET 902.00 L.F. W L Y. & EL Y. R/W 4 3.40 L. F. SUMMARY BUILDING AREA (GROSS) PARCEL SIZE REQ"� STALLS RA TO (NET) MA✓OR 1 50, 320 S. F. 203, 660 S F 235 251 5.6 SHOP 1 6, 300 S F. 25,990 S F 30 37 6.9 SHOP 2 5,000 S F. 75,965 S F 23 39 55 PAD 1 5,000 S. F. 37 740 S. F. 23 29 7.5 PAD 2 3,500 S.F. 75,920 S. F. 16 16 55 PAD 3 4,000 S. F. 18, 360 S F. 19 19 55 PAD 4 4,500 S. F. 20259 S. F. 21 21 7-7 PAD 5 5, 300 S.F. 30, 100 S.F. 25 25 1 6.4 AREA 7 5,480 S. F. AREA 8 5,917 S. F. TOTAL 63,920 379,074 S F 392 437 6.0 h ENGINEER K. W C /NC. 126.9 W. POMONA ROAD SUITE 104 CORONA, CA. 917 "0 (909) 734 -21.30 [p 0 m 0 � 2 7 a 2�1�) 208.00 UH7hly PROPOSED STORM 209. 00 /NV. V V l.J / Y / / I 1 1710' L V IJ t / u. uu iNV. I I , I 4` I moo Q w Q L n nrp)FRs7NK S/N.4TR.4 OR ICI I U _. PRO✓ECT � SUNCREST L OCARON I ,, COUNTRY 1 + ct ue 1 1 ' CaUNr ' C/ UP Ll OR SAGEWOOD PROPOSED STORM .. OR. Q DRA/N INLET O I I �O 35' MAX. RET. WALL = :' III x U HOVLEY LN. ii _- /L ., i YK .:w. 3'. .,;•$',Y-iY . i.i0 ii / Zia Q 5'RA G TTI 70 /NA r-- f - --""=---------------7 I I I I I P=238 6 © P= 237.3 i I M P=238.0 i i a VICINITY MAP h I I^ I ; 2R ' 4 i i i i i 4 R �'' ��' I i N T S. 3 _J L © I I �-- I j72 4o P=240.0 � I 70 cJ 1 I -- - - - - - - - -� - 98 r I 6 , 67 ' 1 R 1 -- - -, 3R I 1 R i 5R ; i 2 h I I I I •-_--- -� 16 /00 I I P=237.9 1 P=238.5 1 1 239. 1 I ------- 37. 3 I I i i P=237 ,9 1 60 1 71 66+ I I 4 R 60 4, 66 104 4 294, 7 J------=- i =235.2 I P=235 0 1 i P=235.8 1 I S I 5 R R I I I © 0 I ® I GEND.• > I I 3R I 1 /-I I 1 2 R 1 I I + L___ 3 R 1 - --jL -- -- 1 -- -- 104-------- TRACT BOUNDARY 60 O 84 + - - - - - P=234. 7 i 6' BLOCK WALL TYP/CAL -- -W 91A TER LINE WITH HYDRANT I 2 R © -- -5 SEWER LINE WITH MANHOLE JO4 STORM DRAIN LINE W/TH 1 5 4 11 1 5-------- �% ( CATCH BASIN 4 R I P==.. 7 ; II ® I ® I ® TOP O I I I o -�--- F SLOPE P=235.2 ^ i p=235.0 i 10=234.7 I I 3 R 35.5 1 _ _--------j I. 104 n TOE OF SLOPE 62 64 64 I P=232.6 66 4 >66 60 III k7 7j RETAINING WALL ---r r7 --------I---=---� i 1 4R 1 L- 1 (� 45 LOT NUMBERS ---103 1 U � TAn � ' p_ 1 , � � I � PAD ELE�AT/DNS 29. o i j 4 R I i 2 R �' ' P--291. 6 I I I __ L_ ' 1 i^ 1\F S. FINISHED SURFACE 6 NN 52 THE GHOST LINE INDICATES BUILDING SETBACK AS FOLLOWS FRONT: 16.5' (PROPOSED) 14R o O' 60 0 oI REAR: 20' (ATTEMPTED) to o SIDES: 5' + 10' (PROPOSED) I �, 3 I 1 5 R2 0, - 15' 12 1 P13P=225.8P=226.2I- _- -J -_-J L---- N 60' °' 6.0 TYPICAL Z OT SETSACIK N. T S. i S 5' (TYP) I ' GOLF CART TO(T,) Q CHARGER (n'P) 20' yp 1 t=222. P-222.5 f' ® 6' BLOCK WALL GOLF CART PA %ING AREA P=222 5 J C. !/. W. D. N T S. ELEV. 214. 0 L 07- a 'TENTION B.4 - P=217. 0 .LOT ':4 ., a o 7-1 189 14.5 -------------------------- -- -------------------- w--------------- -------- if 1, --- - - - 'r. - - - - - - -- -- -- - ---- - - J - - 211.00 INV I ------------- ------------ LJ ❑ m O i TYPICAZ 00' PARING N. T S. TYPICAL 60' PARKING _ N. T.S. - 1:1 SCALE 1 " = 60' ron = GOLF COURSE* TYP. r.- WALL HT. TYP: Z m WL m LOT 17 LOT 16 r 0 PAD = 235.7 PAD = 235.9 c WALLHT. TYP.--... � I .GOLF. COURSE GRADE TYP.� MAINTAIN WALL HT. MIN. 42" ABOVE PAD GRADE PER CODE LOT 15 PAD = 236.1 MAINTAIN WALL HT. MIN. 42 ABOVE PAD GRADE PER CODE � LOT 30 PAD = 229.6 0 r E GOLF COURSE GRADE TYP. z m cn m m m r O LOT 25 PAD = 229.7 GOLF COURSE GRADE TYP LOT 29 PAD = 229.7 L. O T 20 PAD LOT 19 PAD = 234.0 MAINTAIN WALL HT. MIN. 42"ABOVE PAD GRADE PER CODE WALL HT. TYP. -4 LOT 24 LOT 23 PAD = 234.3 PAD = 231.1 PAD ELEVATION TYP. LOT 14 PAD = 236.3 PAD ELEVATION TYP. n r m m m ID 0 SOT 18 ,m A 0 PAD ELEVATION TYP. _ r z m cn -- m �m iD 00 0 'm LOT 22 PAD = 231.8 REyEIVEr' JUN 17 1997 C" OF CAL4 DESI 0 ^' MAINTAIN WALL HT. MIN. 4422" ABOVE PAD GRADE PER CODE WALL HT. TYP. !r PAD ELEVATION TYP. trn l lo LOT 26 LOT 27 LOT 26 Im PAD = 229.7 PAD = 229.7 PAD = 229.7 J LL 0 cc . am mi J cc 0 z W J w V) Q I- 0 w Z (n w 1 ^^� H U W c SPECIFICATIONS SHEET ❑ BOOK ❑ PROJ. MGR. RP DRAWN: LY CHECKED: RP PROJ. NO: 9 4 41- 6 DATE: 6 17 / 97 REVISIONS: SCALE: 1 "= 10'-0" SHEET NO: vio jppr-7- 777� '41 io-A 'I Z cc 0 W w Z w P— Q o AC Lr � 0 W j Z LU LLJ w 0 V) Is, CC CL SPECIFICATIONS SHEET ❑ BOOK El PROJ. MGR. Rp DRAWN: LY CHECKED: RP PROJ. NO: 9441-6 DATE: 6/17/97 REVISIONS: SCALE: V=10'-O" SHEET SHEET N 0: P -1 iW J U z M o ~ W w z z W Q w J z � a J ~ U1- W W w O cc U) ca. SPECIFICATIONS SHEET ❑ BOOK ❑ PROD. MGR. R P DRAWN: LY CHECKED: RIP PROJ. NO: 9 4 4 1 _,6 DATE: 61/ 17/97 REVISIONS: SCALE: 1 "=10`-0" IN Fos "% s k = d _ � _ 4Ob_ _ _ J Y az• an 30 31 P�l - , G 1 P � PA pA°A^4,o�3n ,o O qn° ^9OtA °OOA P aA °na a 0P00�O °. .^ dQ°°Oo0 o ' e°o ° f ; .i Y - vE 'jJ1 F"�^W'�iU -Y- V =— � � ' 7 Z,- GTI S' YIv'P-I LO• VA r t,Gl rJ P 91 o 00 op O0 o o o o a o Pp0 A ° 4 9o.:° °°Aap.logo 17 GrTJ ..' 1111 1 6 o, o. ppol GOA°ao ° Qo pA0 oa° 0 p°�o aq °0p°o0°00o'p0a0 p°o°0d o°ou do °PO 0Po oaP Co ° °op° 000 ° 0olO°0pa° °° 00.e0, °o OoOo ° o0a ° 0° bd oOo o 600d bo° od oo ° 0p °°oo p°°° PA 000.0 (9 ° oo° o° 00 °O 0 0 °0° °° c Pa °o 0 Oa°Ao00° p °O°,O° O 0o m v r I F D I M E ►J � I OrJ� c .4 . , CIO, REFER TO STREET IMPROVEMENT PLANS BY KWC ENGIN EERS arOR SIDEWALK AND CURB LOCATIONS. AND HANDICAP RAMPS MONTEREY AVENUE wy S , .Yr � ^:4•O0O °0 i 000 0 .f.o �0 O` lO O ° � p p On ,. P oA p I O . P °ob A0 . . Pq . - O 0 oo :D o1 'Op - .. ' P n' 0" a4 . . . ..'. . H do QPpoq 0 n o °p.: oo0 o° 0 no°000 a Onngpp�Oodo ° °o0o000v °0°.00o0 l on•-o 0°Ooo °bo o .O 0 ° oboO 0, 'o o60on °°000 o 0 oA0 o °°O °pp p11 Oop0 poo ° poO _DPP oaoAOo e q p°AO n oo pOPcO 0°00 °A 1 0000000°0 o0000o. o0a O 0 b 0 oo°4 ao0 o*.*.0 0 O°0 000 0. p°p00p0bo�° o00a po°o4o0 0 ° °° 0° O O q 0L.Oo OAoO O o°ppLIMIT OF WORK oPOoOOaOO.POapoOn '°dO°O°A°0,OP0O0OOtl goAp pOppnA0 Ppo00oOn°OOoOO R0 o °°a° °°p °o Oo o0 0° °°O 00 ° ° Oa oGo0 O:�Oo° pb°o00O P 0pb°poP pOoO dO O AO pA o O .o 40 D°QUo4 d°�° Opo .O ApO0 O A O.od oA O O P O 01) 000 000Q0 pOO 4aPpaoDoo OOO o o,P 0 0 °° 0 O°O°O 00°p°°0 °q°dOP o° °p°Do bOo o op p � ooOo o Oo°°o°o°:�puo0b�0 0000oQtip p °°nO444 O° ap 00°0oa°p0A0O 0do Pd °°°°°Op°O°o po0poo° O OO°°0 A° 00O000 Op0 0 P° p o:oo o 0 4b 0'o°0 °4°qO0aoAo o OoO°A a0.0od. 0 o'ado4° 09ong �Q: °0 o o aobA'o p o ooOOPPoo.°.p °P° O opO o 0Ap0 0 O nA op do°p0pq°oPoOE 0 o0o00oop °obo0Op O O°G° p Popap0°c000Pd°ao v 0o 0nbadq,0v A0o4 00 dOp°Do 2QQo 060q•0 P0. aCoO0pp° b° OoAoo0 0 °4 oc00gor OO 0900goo °a o ° 0o°p 0 0 oP°o b 2/o-o0° p Ood n oPpq o o OPO g°' pO0 o0Opoo OboDi A0O A v. o, OOp b 4p Opp°° p 0 pOn O4 go 0O b 1 O o-Ao 0040 o am ow JONT61 U o.OS 3/8' FELT EXPANSION JOINT FMISH GRAM 112- R ALL EDGES. TYP. 1,DSEE PLAN AND KEYNOTES FOR PAVI3G MATERAL 0 o o son s COLOR CONCRETE TO END ATI THIS POINT (TYP.) FOR GUTTERS cP 2 TYP. Li R, ,P sa SEE MODEL CENTER PLANS FOR THIS AREA . F 62 61 • 1,y� f y l� t-t�R-NPT� Ex Pry rJ5 i0� �Jo i ti1T5 � bca(t� JoirJTs �T 8'_oli p,G f 16Of1PA _ _ I a - p n 0 ° 0 ° o 2 o;o Qe Ao Ap gnO an nbG: EXP US101Z JOTS NTs AP°AAaAQ p do °b466 npo oo o . � 4 ` n°aaOA o'bo a�o_ap Oq o.'. o.oao°'6 o o ai DO O Oa 0 0 a P A fl0 Q 4_t �� Ob0"O P aA OAO 0 o n b p bty op o en. q n Ef .i .'O.n opno 40n'b o p 4 o Q o A o 0 1`` p OpA A00 _ p O ' p ° p D� p °A n'A. AA ° 4 og; o p. ea- pre. qo n «i no opab..°ono00'P°o°000��0°b� - ..D oo Gp°bp oOAp of O n.'O AO O .� .....o O O ° a�. ago G 6--e 0 o: 9 oao- D o d o.,, 1 59 57 •I r 56 xarm M 111I��I. r s 1 INTEGRALLY COLORED, STAMPED CONCRETE WITH 6 X 6 10/10 NTERED IN SLAB. COLOR: C-24 CHARCOAL BY L.M. SCOFIELD CO., �117 PLATINUM GRAY RELEASE. PATTERN: BELGIAN BLOCK LAID N61CULAR TO TRAFFIC FLOW. EXPANSION JOINTS AS NOTED. THICK, INTEGRALLY COLORED CONCRETE BANDING WITH SCORE O.C. COLOR: C-24 CHARCOAL BY L.M, SCOFIELD CO. REL AND CROSS GUTTERS PER KWC. STREET IMPROVEMENT PLANS. aL COLOR C-24 CHARCOAL BY L.M. SCOFIELD CO. �k ICK NATURAL COLORED CONCRETE WITH MEDIUM BROOM FINISH. (EY DEVICE TO BE SPECIFIED BY GATE CONTRACTOR. DPENING DEVICE TO BE SPECIFIED BY GATE CONTRACTOR. NORTH s COLOR CONCRETE TO END ATI THIS POINT (TYP.) FOR GUTTERS cP 2 TYP. Li R, ,P sa SEE MODEL CENTER PLANS FOR THIS AREA . F 62 61 • 1,y� f y l� t-t�R-NPT� Ex Pry rJ5 i0� �Jo i ti1T5 � bca(t� JoirJTs �T 8'_oli p,G f 16Of1PA _ _ I a - p n 0 ° 0 ° o 2 o;o Qe Ao Ap gnO an nbG: EXP US101Z JOTS NTs AP°AAaAQ p do °b466 npo oo o . � 4 ` n°aaOA o'bo a�o_ap Oq o.'. o.oao°'6 o o ai DO O Oa 0 0 a P A fl0 Q 4_t �� Ob0"O P aA OAO 0 o n b p bty op o en. q n Ef .i .'O.n opno 40n'b o p 4 o Q o A o 0 1`` p OpA A00 _ p O ' p ° p D� p °A n'A. AA ° 4 og; o p. ea- pre. qo n «i no opab..°ono00'P°o°000��0°b� - ..D oo Gp°bp oOAp of O n.'O AO O .� .....o O O ° a�. ago G 6--e 0 o: 9 oao- D o d o.,, 1 59 57 •I r 56 xarm M 111I��I. r s 1 INTEGRALLY COLORED, STAMPED CONCRETE WITH 6 X 6 10/10 NTERED IN SLAB. COLOR: C-24 CHARCOAL BY L.M. SCOFIELD CO., �117 PLATINUM GRAY RELEASE. PATTERN: BELGIAN BLOCK LAID N61CULAR TO TRAFFIC FLOW. EXPANSION JOINTS AS NOTED. THICK, INTEGRALLY COLORED CONCRETE BANDING WITH SCORE O.C. COLOR: C-24 CHARCOAL BY L.M, SCOFIELD CO. REL AND CROSS GUTTERS PER KWC. STREET IMPROVEMENT PLANS. aL COLOR C-24 CHARCOAL BY L.M. SCOFIELD CO. �k ICK NATURAL COLORED CONCRETE WITH MEDIUM BROOM FINISH. (EY DEVICE TO BE SPECIFIED BY GATE CONTRACTOR. DPENING DEVICE TO BE SPECIFIED BY GATE CONTRACTOR. NORTH i �Y V! _ AL1� _ o4, V 0 /�/�►► LL A��'°a° 3 =O 0 0 ol..o..' _ o 6 O 6. o �1- 0 o do wz A n °4 ° Q0: v o e p COLOR CONCRETE TO END AT THIS POINT (TYP. ) — E-, n �° a A:oo 0 d FOR GUTTERS = � n-0aoo ° o p o D p :b o': c. O -� O .O ... O P O:'t o _ ' D a o'oo. o0 p.' �Ooo A..n° a. O O b A n' O O.'ti p �. 00' .4. _ ` O or.: OOb:'.Opn 4.; .0 0 ° 0o'4 O O.'-o.. 1 REFER TO STREET IMPROVEMENT PLANS BY a5 KWC ENGINEERS FOR SIDEWALK AND CURB LOCATIONS COUNTRY CLUB DRIVE � J�ND HANDICAP RAMPS t , . I :. N > . 2 9 �IL OF CLNOCEE TNT TION OUTRTP) 1- P . loo o,o o 55 63 0 P = u . } � �i D i d 0 ' e p UP . 4 cC � L { i i 1 Y p k74 g .O IUL C. '0 4•`+x% (n Lvj c) > I1fn ! 0. it ' CL W W �— W W 3 •r V U) a°C. SPECIFICATIONS SHEET ❑ BOOK ❑ "1 PROJ. MGR. RP DRAWN. RP ' CHECKED:BK PROJ. NO: 044 y_ 1' DATE: 1-11-95 REVISIONS: 2•7 -95 GA 1(7 f415 y SCALE: 1 "= 20'-0" ,.e 7 SHEET NO: cpm y; TLOULAR 51Z-FL fVST_,, 9>15TANCF- DETWF_14 IWJGES 1�ly 4-0 6*A6'X12" SLUMP.SIUNE BLOCK PAINTED FINIS COLOR TO BE SELECTED BY OWNLR. 4 HORZ AT TOP 8'x6"xl6"_SLUMPSTONE: BLOCK PAINTED FINI o COLOR TO BE SELECTED BY OWNER. '- ----- VERT. BARS -SEE SCHEDULE DOWELS TO MATCH VERT. BARS. ffr� 3* HORIZ. BARS SEE SCHEDULE a r w SLUM,PSTOMM WALL -4 �OLfP (lYF) CAP END_ 0,<4'-ro5uLAR STEM. T Aiw w M;: NT- f J 3 J NTS �a 541 J; r P H. SH. REINFORCEMENT �CHEDLIL[ WALL HT. ADM WMEXF H FOOTIN6 VET TICAL BARS FTG. HOPI Z. REINF. w D 1 0* TO 31-0, 14' 12 #4 AT 32" O.C. I - *4 X- Il' TO 4-0' 14" 12' *4 AT 32* O.C. I - *4 4-1* TO 51-0" 1 a' IT *4 AT 37 O.C. I - *4 5'- 1' TO 6*-0' 1 ir #4 AT 32" O.C. I - *4 6- 11" TO 8*-0- 30 12 *4 AT 24" O.C. I - 4P4 TO 9*-4-1 33' IT *5 At 16- O.C. 1 *4 12' 2 #4 BAR CONT, L L r POURED IN PLACE CONCRETE CAP W/ BULLNOSE. COLOR TO BE SELECTED BY OWNER, (2)04 HORIZ. AT TOP 6- BLOCK TO 4-6" If. WHERE 'H' z EXCEEDS 4-6' USE 8' BLOCK - SEE PLAN FOR HTS. GROUT ALL CELLS REINFORCING OCCUR uj SOLID WHERE OCCURS. 04 C014T. # MIDPOINT WHE uj EXCEEDS 4-6' m 4c > VERT. BARS - SEE, SCHEDULE 4--STONE VENEER TO BE SELECTED BY OWNER. PROVIDE METAL MASONRY TIES PER CODE. (TYP) ::j DOWELS TO MATCH VERT BARS Ce � � � = ll ��111�-' HORIZ, BAPS SEE SCHEDULE x w NOTE: PLACE CONTINUOUS VERTICAL EXPANSION JOINT e 40'O.C. REINFORCEMENT SCHEDULE WALL HT. ABOVE 6F :ADE FOOTING VERTICAL BARS FTG. HORIZ. REINF D 0' TO 1-0" 18 IT *4 AT 32* O.C. 2-04 3*-1* TO 4-0- 16- 12' 04 AT 32- O.C. 2-04 4-1" TO 5'-0" 22- 12' 94 AT 32' O.C. 2-04 5'- 1' TO 6'-0" 24' IT *4 AT 24' O.C. 2 -04 6'- 1' TO 8*-0' 30' 12' 04 AT 24" O.C. 2-#4 8--1- TO 9'-4- 33- 12' 05 AT 16" O.C. 2-04 NOTE: PROVIDE VERTICAL EXPANSION JOINTS 40' O.C. NTS STOR L VEKLLK WALL 6-X6'XI2* SLUMr'STONE BLOCK CAP PAINTED FINISH. COLOR TO BE SELECTED BY OWNER. A- VERMCAL BARS 8- VERTICAL FTG. DOWELS (BENT • -94 iP 24-O.C. 2 BARS C- VERTICAL "Cl I)- WIDTH OF FOOTING $"x6"xl6" SLUMPSTONE BLOCK. :0 • PAINTED FINISH COLOR TO BE SELECTED BY OWNEF. 171 E; C--- I- W, -T Lr- - CL-0 fb 42- WIDTH POURED IN PLACE CONCRETE CAP. COLOR TO BE SELECTED BY OWNER. BULLNOSE • AkL (2) *4 bAP bOTH WAYS 3TYP r a-zirs 16, COKZ*. BLOCK ;4 JNI STONE VENEER TO BE • SELECTED BY OWNER. PROVIDE METAL MASONRY TIES PER CODE (TYP) 4-04 bAlZ'WkT. 04 UP- SQ. 11110P!21. (TYP.) tJJJ( FINISH 6)Ar+ JL x 11.110 J "0 ol % % % % Pwwwo aw. FOOTImc 11110 1 In 4 S T �OK �FVE K �Pl L �A_ S �TER�. _NT § -24 LAF GROUT ALL CELLS SOLID BELOWG%k"ll.: WAT EP P-F.*o f f r 1'-T SO. (144j RX K BACKFILL 2"WEEPHOLES V-TO.C. 1`1145HEDGRADE e 241 CCIfrl (TYP) H -1 (BELOW GRADE) r TO 7-T Z-I"TO4'4r A NA Al 04024I O.C. #4 a 24"O.C. C NA C NA 21-r E NA' E NA T 6' T I64 > 0 < 'T 0 A 94 0 24"O.C. A 84 to 24'O.C. @ 24- O.C. *8 #4 0 24- O.C. C 84 @3TO.C. C 44 1p 24-O.C.. D 7-3* D E NA E NA T it T D L �SLUNRIFSTOKE RETAltel"ItZeM WALL NTS -To s cf, f r) 11 1/211 11-0 12" (404 BAR CONT. 44 POURED IN PLACE CONCRETE CAP. %b w- BULLNOSE COLOR TO BE SELECTED BY OWNLI, FINISH MADE STONE VENEER TO 13E 8"x8"x 16" CONC. BLOCK WALL SELECTED B. i OWNER. loll GROUT ALL CELLS SOLID EXP. JOINT BITUMINOUS WATERPROOF I W) W/ FIBERGLASS REINrmcciNo- 0 1/2" PEA C SEE PLAN FOR RAVEL ( 16"X6**) MATERIAL w4 BAR VERT. @ 32" O.C. 04 W CON 414 BAP CONT. COW. FOOT I W IA PROVIDE METAL MASONRY 1 3', TIES PER CODE. (TYP) L T-3- NOTE. OMIT MORTAR FROM VERTICAL JOINTS Qak 32" D.C. IN FIRST COURSE ONLY. hi ra � I rL,4,-,p, Co Iic" GAP F.AJL-LfA0,SF,-. c-oL..oF- To -4&7 ------------- \�C �f-2- (b 61 k I L-A fp- -T, k4 iL '4 rj O tA 4- RANO �ttt4 Cop-rFp<_,-rop- -re, 6U6t-11T C-ITY F;OF- AlTfl0vAL- reF-elllt, GK ELEVAT10K J 1 2 V-O SPECIFICATIONS SHEET F-1 BOOK 1:1 PROJ. MGR. RP DRAWN: CHECKED: PROJ.NO: 9441-1 DATE: 2-7-95 REVISIONS: SHEET NO: CPw2 .. -r , Sit 570AW OAA/Al /4.1`/' 1-1,AAT, rLA,, HzXglilAiz Alvil f'IQ /Azcr A, A amour-- 70 00, (D) 44 1 0 CA) OliAIA' I 01' 1-")A •7 J0 29 29 27 26 0 25 7 P= 229.7 P= 229.7 P= 229.7 F=22,9.7 1-7 60, '7 A\ 7�- /- V/1 7 j Q F r �STRAZ)A 6, L J 7ZCj..C77 j roll rQ 01 'J.1 !o I r"? JJ J2 1z J., F 0 J5 3,5 7 1 T 20, 16 N 01 ; Z) I I < N L 91 '-'AZ J-- ........................ 0 - T? 4� `0-9 00, VIA "j A&ARA&14TO q T-7 (�7 N C. r-D N5.Z 201 t C'. /J A I/ 7 75. 00' j .5' '20 j 7& L7 j 10,9,0 106. Y L—j I i5 00' , � SHEET I/J"' -' ( : } t . Cj-, LU ca U) 0 fE., w .401 LL. 0 40150' 120' 1 M w Uj 0 0 SCAZ ',V FZCT H I U 0 Ila- 0 L) 0 0 LL. 0 0 0 0 (a) 0 U. 0 U�j r K, i 0 OD { �Ii� 4o Mamma t • Q Co., CP- 7 k.(•Gir,,.. I 7 I I�; Uj U) K" '7 w 0 r Ir Ilu U. 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