HomeMy WebLinkAboutRes No 2463PLANNING COMMISSION RESOLUTION NO. 2463
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP 35741 (TPM 35741) SUBDIVIVING A 5.3-ACRE PARCEL
(PARCEL 2 OF P.M. 31515) INTO TWO PARCELS APPROXIMATELY
2.762 AND 2.567 ACRES IN AREA FOR A PROPERTY LOCATED ON
THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND COOK
STREET AT 36891 COOK STREET.
CASE NO. TPM 35741
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 15th day of January, 2008, hold a duly noticed public hearing to consider the
request by the EVANS COMPANY for approval of the above noted; 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. 02-60, in that the Director of Community Development has determined
that the project will not have a negative impact on the environment and that the
application is a Class 15 categorical exemption for purposes of CEQA, and therefore no
further documentation is necessary; 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 exist to justify the approval of said
request:
1. The proposed tentative parcel map is consistent with the goals and
objectives of the City of Palm Desert General Plan and consistent with the
densities designated in the Wonder Palms Specific Plan. The proposed
location of the new lot line will not cause or subject the existing
development density or uses to change.
2. The design and improvements of the proposed subdivision would be
consistent with the Zoning Ordinance and with the 2001 California
Building Code Chapter 5; General Building Limitations. The proposed
subdivision has met the minimum lot setbacks, and therefore any ensuing
structural opening -protection and fire wall improvements shall comply with
the requirements of City's Building and Safety Department.
3. When the precise plan for the Parcel Map 31515 was originally approved,
construction plans were submitted illustrating grading to accommodate the
existing development and provide for adequate drainage and flood control
systems. The approval of the proposed new lot line would not modify the
existing drainage and flood control systems.
PLANNING COMMISSION RESOLUTION NO. 2463
4. The design of the parcel map subdivision and the type of improvements
will not conflict with easements, acquired by the public at large, for access
through or use of, property in that the site has been approved by the city
for residential development. All existing public utility easements on the
property, if any, would be reserved. There are no known public easements
traversing the subject site that would be affected by the proposed project.
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 the Planning Commission does hereby grant approval of Tentative
Parcel Map 35741.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15th day of January, 2008, by the following vote, to
wit:
AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
/ SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2463
1.1119
CONDITIONS OF APPROVAL
CASE NO. TPM 35741
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within two years from
the date of final approval unless an extension of time is granted; otherwise said
parcel map approval shall become null, void and of no effect whatsoever.
Construction documents must be submitted for review and approval with the
Department of Building and Safety and permits must be issued within 180 days
from the date of the building permit application, December 27, 2007.
3. The existing archway sign connecting Buildings 2A and 2B shall be the only
above ground improvement connecting these two buildings. No other archways
or other improvements which cross over the property line dividing Parcel 1 and 2
of Parcel Map 35741, nor any replacement of or modifications to the archway
sign are permitted without the prior approval of the Planning and Building and
Safety Departments. Prior to recordation of the parcel map, applicant shall
record a reciprocal maintenance agreement, in form acceptable to the City
Attorney that requires both parcels to cooperate in the maintenance of the
archway sign
4. 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.
5. Applicant agrees to retain the existing CC&R's recorded with Parcel Map 31515
(attached hereto as Exhibit A).
6. All conditions of approval shall be recorded with the Riverside County Clerk
before any building permits are issued. Evidence of recordation shall be
submitted to the Department of Community Development/Planning
Department of Building & Safety
1. A complete plot plan showing lot dimensions, setbacks, street names and width,
location of existing buildings complete with their area, occupancy group and type
of construction, distances between buildings, building address and number,
parking layout, city county boundary line, zone change boundary line, location of
all easements, highway dedication, street centerline, area separation walls,
PLANNING COMMISSION RESOLUTION NO. 2463
sewers existing, cesspools and septic tanks and sewage disposal system is
required.
2. Where areas of exterior wall and opening protection changes, these areas must
be addressed in detail (i.e., fire resistive construction, percentage of openings,
etc.)
3. Where multiple buildings are concerned the utilities, water meters and sewers
must be located on the property of the building served, unless an easement is
recorded (Le. sewer laterals, must not be located on an adjacent property).
Department of Public Works:
1. Complete parcel map shall be submitted as required by ordinance to the Director
of Public Works for checking and approval prior to issuance of any permits.
2. All underlying conditions from subject precise plans shall apply to parcel map.
3. The map shall record a reciprocal easement for parking, access, drainage, and
use of trash enclosure as applicable.
Fire Department:
1. With respect to the conditions of approval regarding the above referenced
project, the fire department recommends the following fire protection measures
be provided in accordance with City Municipal Code, NFPA, CFC, and CBC or
any recognized Fire Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. Water Plans must be approved by the Fire Marshal and include verification that
the water system will produce the required fire flow prior to obtaining building
permits.
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PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT A
DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR
UNIVERSITY VILLAGE
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR UNIVERSITY VILLAGE ("Declaration") is
executed by THE UNIVERSITY VILLAGE PARTNERSHIP, a California general
partnership ("Declarant"), and SHAW/PALM DESERT I, LLC, a California limited liability
company ("Shaw") with reference to the following facts:
A. Declarant is the master developer of the real property in the City of Palm
Desert, California described on the attached Exhibit "A" ("Master Development"). The Master
Development is a mixed use commercial center. Declarant is the Owner of the portion of the
Master Development described on the attached Exhibit "D" ("Developer Parcel"). Shaw is the
Owner of the portion of the Master Development described on the attached Exhibit "C" ("Shaw
Parcel"). The Developer Parcel and the Shaw Parcel together comprise the Master
Development.
B. Declarant and Shaw recognize that, for the most favorable development of
the Master Development, it is necessary that all owners of property in the Master Development
cooperate with respect to the operation and maintenance of the buildings and the common areas
and facilities existing or to be erected as indicated in the Site Plan attached to this Agreement as
Exhibit "B" (the "Site Plan").
NOW, THEREFORE, Declarant and Shaw hereby declare as follows:
1. Definitions.
(a) `Building" shall mean each Building permitted by this Declaration
to be built upon a Parcel which shall house the shops, stores, offices and other businesses or uses
which shall hereafter operate upon the Master Development.
(b) "Building Area" shall mean all those areas in the Master
Development shown as such on the Site Plan, as it may be amended from time to time.
(c) "City" is defined in Section 14 below.
(d) "Common Areas" shall mean all land areas on each Parcel which
are not Building Area, together with those portions of the Building Area on each Parcel which
are not from time to time actually covered by a building or other commercial structure or which
cannot under the terms of this Declaration be used for buildings or which are not enclosed by a
fence or wall for the exclusive use of a particular Owner.
(e) "Common Area Maintenance Elements" shall mean those
elements of the Common Area which are described on Exhibit "F" attached hereto and which
shall be maintained by the Maintenance Manager as provided in this Declaration.
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PLANNING COMMISSION RESOLUTION NO. 2463
(f) "County" shall mean the County of Riverside.
(g) "Declarant" shall mean The University Village Partnership, a
California general partnership, its successors, and any other Person to which it assigns any of its
rights hereunder by an express written and recorded assignment. Any such assignment may
include only specific rights of the Declarant hereunder and may be subject to such conditions and
limitations as Declarant may impose in its sole and absolute discretion. As used in this Section,
"successor" means any Person who acquires Declarant or substantially all of its assets, or who
merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets,
operation of law or otherwise.
(h) "Default Rate" shall mean the maximum nonusurious rate of
interest under applicable California law.
(i) "Developer Parcel" shall mean the real property in the City of
Palm Desert, Califomia described on the attached Exhibit "D."
(j) "Governmental Requirements" shall mean all applicable laws,
rules, regulations, orders, ordinances, subdivision requirements, zoning restrictions, map
conditions and all other requirements (including all requirements to have or to obtain permits) of
any governmental agency or body with jurisdiction, including without limitation, the City, the
County, the State of California, or the U.S. Federal Government. Governmental Requirements
shall include, without limitation, (i) resolutions, if any, approved and adopted by the City or the
County for development of the Master Development, (ii) all ordinances now and hereafter
enacted by the City or the County relating to noise abatement and transportation demand
management, and (iii) all requirements to have or to obtain permits.
(k) "Improvements" shall mean any improvements constructed or
installed above or below ground within the exterior boundaries of the Master Development,
including without limitation all Buildings, covered parking areas, open parking areas or loading
areas, roadways, walkways, curbs, gutters, display areas, storage areas, fences, walls, poles,
signs, exterior lighting and lighting standards, exterior air conditioning equipment, hedges,
berms, trash enclosures, the paint on all Buildings, landscaping, trees, shrubs, courts, malls,
plazas, fountains, stairways, ramps, utility lines, pipes and conduits, and any replacements,
additions, repairs or alterations thereto of any kind whatsoever.
(1) "Maintenance Manager" shall initially mean The Evans
Company LLC, a California limited liability company. For so long as Declarant owns any
portion of the Developer Parcel, Declarant shall have the right to designate the Maintenance
Manager. At such time as Declarant no longer owns any portion of the Developer Parcel or fails
to designate a Maintenance Manager, the Owner of Parcel 2 of Parcel Map No. 31515 shall be
the Maintenance Manager. If Parcel 2 is divided and has different Owners as to portions thereof
the Owner of the largest portion of what was Parcel 2 shall be the Maintenance Manager.
(m) "Mortgage" shall mean any mortgage, indenture of mortgage, or
deed of trust encumbering the interest, whether fee or leasehold, of an Owner in a Parcel.
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PLANNING COMMISSION RESOLUTION NO. 2463
(n) "Mortgagee" shall mean a mortgagee, or trustee and beneficiary
under a Mortgage (as defined above), and to the extent applicable, a fee owner or lessor or
sublessor of any Parcel which is the subject of a lease under which any Owner becomes a lessee
in a so-called "sale and leaseback" or "assignment and subleaseback" transaction.
(o) "Owner" shall mean the record holder of fee simple title to a
Parcel, its heirs, personal representatives, successors and assigns, provided that where legal title
to a Parcel is vested in a trustee under a deed of trust the "Owner" of the Parcel shall be the
trustor under the deed of trust. If a lessee of a Parcel has assumed all of the obligations of the
Owner of the Parcel under this Declaration, the "Owner" of the Parcel shall be the lessee for
purposes of this Declaration.
(p) `Parcel" shall mean any separate legal lot, parcel or condominium
within the boundaries of the Master Development as shown on any recorded final map, parcel
map, subdivision map, lot line adjustment, certificate of compliance or condominium plan.
(q) "Perntittees" shall mean all Persons from time to time entitled to
the use and occupancy of any Building within the Master Development (or any portion thereof)
under any lease, deed or other arrangement with an Owner and the respective officers, directors,
employees, agents, contractors, customers, visitors, invitees, licensees and concessionaires of
such Persons.
(r) "Person" shall mean and include individuals, partnerships, firms,
associations, joint ventures, corporations, limited liability companies or any other legal entities,
and trustees, heirs, executors, administrators, and other personal representatives.
(s) "Shaw Parcel" shall mean the real property in the City of Palm
Desert, California, described on the attached Exhibit "C"
(t) "Signage" means any and all signs (including without limitation,
for sale, for lease, open house and similar signs), monumentation, billboards, advertisements or
similar displays visible from the exterior of any Building within the Master Development or
visible from outside the Master Development.
(u) "Sign Criteria" means the sign criteria for the Master
Development set forth on Exhibit "E."
2. Access, Parking and Drainage Easements.
(a) Declarant and Shaw reserve, for the benefit of themselves, all
Owners, lessees and sublessees and (subject to Section 2(c) below) the Permittees of any of the
above ("Benefited Parties"), and grants to each other and the Benefited Parties nonexclusive,
reciprocal easements for the use of the Common Areas for purposes of vehicular and pedestrian
access, ingress and egress and for surface drainage pursuant to any drainage plan approved by
the City.
(b) Declarant grants to Shaw, for the benefit of all Owners, lessees and
sublessees of any portion of the Shaw Property and (subject to Section 2(c) below) the
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PLANNING COMMISSION RESOLUTION NO. 2463
Permittees of any of the above, nonexclusive easements for vehicular parking over such portions
of the Developer Parcel as are improved with parking spaces from time to time, but only to the
extent of the parking spaces described in, and subject to the conditions contained in, Section 6(g)
below.
(c) The easements reserved in subsections (a) and (b) above shall be
appurtenant to, and pass with title to, each Parcel. The easements reserved in subsections (d) and
(e) below shall be appurtenant to, and pass with title to, any Parcel in the Developer Parcel and
shall neither benefit nor be appurtenant to any portion of the Shaw Parcel. Each lessee and /or
sublessee may grant the benefit of such easements to, or permit the use of such easements by, its
Permittees only for the duration of the occupancy by any such lessee and/or sublessee. Nothing
in this Declaration shall be construed as creating any rights in or for the benefit of the general
public or affecting any real property outside of the Master Development.
(d) Declarant reserves, for the benefit of the Owners of the Developer
Parcel and the lessees and sublessees and the Permittees nonexclusive easements over the "Retail
Common Areas" (defined below), but excluding the "Service Facilities" (defined below) for
purposes of vehicular and pedestrian access, ingress, egress, use and enjoyment. The term
"Retail Common Areas" shall mean all land areas on each Parcel of the Developer Parcel which
are not Building Area, together with those portions of the Building Area on each Parcel in the
Developer Parcel which are not from time to time actually covered by a building or other
commercial structure or which cannot under the terms of this Declaration be used for buildings
or which are not enclosed by a fence or wall for the exclusive use of a particular Retail Owner.
The term "Service Facilities" shall mean utility pads and equipment serving only individual
buildings, loading docks, truck wells, trash enclosures and bottle storage areas.
(e) Declarant reserves, for the benefit of the Retail Parcel Owners and
their lessees and sublessees and the Permittees of the foregoing, nonexclusive easements for
vehicular parking over such portions of the Retail Common Areas as are improved with parking
spaces from time to time. Declarant may from time to time designate areas to be used for motor
vehicle parking by employees of occupants of the Developer Parcel. If Declarant designates
employee parking areas, then employees of any Owner of the Developer Parcel, lessee or other
Permittee shall use only those portions of the Retail Common Areas designated for such motor
vehicle parking purposes. The authority herein granted shall be exercised reasonably and in such
manner as not to discriminate against any Owner or business in the Developer Parcel.
3. Utility Easements.
(a) Declarant and Shaw reserve, for the benefit of themselves, all
Owners and all Permittees who are lessees or sublessees ("Utility Easement Benefited Parties"),
and grant to each other and the Utility Easement Benefited Parties, nonexclusive, reciprocal
easements in, to, over, under and across the Common Areas for the purpose of installation,
operation, flow and passage, maintenance, repair, replacements, removal and relocation of storm
sewer line, sanitary sewer pipes, septic systems, water and gas mains, electric power lines,
telephone lines, security systems, cable TV and other utility lines ("Utility Lines") to serve the
facilities located or to be Located in the Master Development.
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PLANNING COMMISSION RESOLUTION NO. 2463
(b) The location of any Utility Lines on a Parcel shall be subject to the
approval of the Owner of that Parcel, which approval shall not be unreasonably withheld or
delayed. Upon completion of construction of Utility Lines the Owners shall, upon the request of
any Owner, join in the execution of an agreement in recordable form, appropriately identifying
the type and location of each such Utility Line. The Owner of a Parcel upon which a Utility Line
is located shall have the right to relocate such Utility Line so long as (i) thirty (30) days prior
written notice is given to each Owner whose Parcel is being served by such Utility Line, (ii) the
relocation is completed at the sole expense of the relocating Owner, (iii) there is no interruption
in service to those being served by the Utility Line, and (iv) the relocation is performed by a
licensed contractor. Each Owner shall indemnify, defend and hold the other Owners harmless
from any claim, damage or loss which may result from any negligence or wilful misconduct in
connection with any such relocation. Utility Lines may be for the exclusive use of an Owner and
its Permittees or for the use of more than one Owner or Permittee.
(c) Any Owner or any designee served by Utility Lines on any Parcel
may operate, maintain and repair the Utility Lines, provided such repair and maintenance is
performed expeditiously, at such Owner's sole cost and expense and only after five (5) business
days' written notice (except in the event of an emergency) to the Owner of the Parcel. The party
performing the maintenance and repair shall minimize to the extent reasonably possible the
disruption caused by such work to other occupants of the Master Development and shall, at its
cost and expense, repair any damage to any improvements caused by it. Each Owner shall
indemnify, defend and hold the other Owners harmless from any claim, damage or loss which
may result from any negligence or wilful misconduct in connection with any such activities.
(d) The easements reserved in this Section shall be appurtenant to, and
pass with title to, each Parcel.
4. Temporary Construction Easement. In connection with any
construction work to be performed in the development of the Master Development, Declarant
and Shaw hereby reserve for themselves and the Benefited Parties, and grant to each other and
the Benefited Parties, temporary, reciprocal easements for incidental encroachments upon the
Parcels which may occur as a result of construction, so long as such encroachments are kept
within the reasonable requirements of construction work expeditiously pursued and so long as
customary insurance is maintained protecting the other Party from the risks involved. All
construction shall be done so as to minimize interference with the business operations conducted
from any facility then constructed. During any such construction the construction site and
surrounding areas shall be kept reasonably clean and free of construction material, trash and
debris and appropriate precautions shall be taken to protect against personal injury and property
damage to other Owners and Permittees. Failure to comply with this Section shall constitute a
breach of this Declaration and subject the defaulting Party to any and all remedies provided for
in this Declaration, at law or in equity.
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PLANNING COMMISSION RESOLUTION NO. 2463
5. Maintenance.
(a) Maintenance Standards.
(1) Commencing on the date of the first opening for business
of any Owner or Permittee of a Building on a Parcel in the Master Development ("Effective
Date"), the Owners of the Parcels in the Shaw Parcel and the Owners of the Parcels in the
Developer Parcel shall maintain the Common Areas on the Shaw Parcel and the Common Areas
on the Developer Parcel respectively, at all times in a good and clean condition and repair
(except that the Maintenance Manager shall maintain the Common Area Maintenance Elements
as provided in Section 6(i) below). Maintenance shall include, but shall not be limited to, the
following:
(i) Maintaining, reparing and replacing the asphalt
surfaces (except those that are reserved for the exclusive use of a particular Owner and its
Permittees, which shall be maintained by such Owner) in a level, smooth and evenly covered
condition with the type of surfacing material originally installed or such substitute as shall in all
respects be equal or superior in quality, use and durability, and restriping when necessary;
(ii) Maintaining, repairing and replacing, as necessary,
any private sewer system, except for those portions of the sewer system located within the
exterior walls of the Buildings;
(iii) Maintaining, repairing and replacing, as necessary,
the Utility Lines providing domestic and irrigation water to the Buildings and other
Improvements (including without limitation any hydrants and detector checks), except for those
portions of such Utility Lines located within the exterior walls of the Buildings;
(iv) Maintaining, repairing and replacing, as necessary,
any and all other common Utility Lines and other services which are necessary for the operation
of the Buildings and Improvements outside the exterior walls of any Building;
(v) Removing all papers, debris, filth and refuse and
thoroughly sweeping the Common Areas to the extent reasonably necessary to keep the
applicable portion of the Common Areas in a clean and orderly condition;
(vi) Placing, keeping in repair, and replacing any
necessary or appropriate directional signs, markers and lines and other signs in the applicable
portion of the Common Areas;
(vii) Operating, repairing and replacing, when necessary,
such artificial lighting facilities as shall be reasonably required;
(viii) Maintaining, repairing and replacing, as necessary,
all landscaped areas, including those between the Parcels and the adjacent public streets, and
repairing automatic sprinkler systems and water lines and replacing shrubs and other
landscaping, as necessary;
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PLANNING COMMISSION RESOLUTION NO. 2463
(ix) Paying all charges for water, trash and electrical
,.� service to the applicable portion of the Common Areas which are not separately metered to the
Owners; and
i.r
(x) Paying all costs associated with providing security
service or personnel (to the extent deemed necessary or appropriate by the applicable Owners,
i.e., the Owners of all or portions of the Declarant Parcel as to the Declarant Parcel and the
Owners of all or portions of the Shaw Parcel as to the Shaw Parcel).
Notwithstanding anything in this Declaration to the contrary, the Owners shall be responsible for
maintenance, repair and replacement, as necessary, of Utility Lines only to the extent such
maintenance, repair and replacement is not performed by Coachella Valley Water District or
other responsible public utility.
(b) Effect of Sale by Owner. If any Owner sells its Parcel, then that
Owner shall have no further obligation under this Declaration with respect to the Parcel sold
arising or accruing after the date of recordation of the deed of the Parcel; provided, however, the
selling Owner shall remain liable for obligations incurred or accrued prior to recordation of the
deed of the Parcel.
(c) Lien for Expenses.
(1) Any lien provided for herein shall only be effective when
signed, verified and filed for record by the curing Owner as a claim of lien against the defaulting
owner in the Office of the County Recorder for Riverside County. The notice of claim of lien
shall contain at least:
(i) A statement of the unpaid amount of costs and
expenses;
(ii) A description sufficient for identification of that
portion of the property of the defaulting Owner which is the subject of the lien; and
(iii) The name of the Owner or reputed Owner of the
property which is the subject of the alleged lien.
(2) The lien, when so established against the real property
described in the lien, shall be prior and superior to any right, title, interest, lien or claim which
may be or has been acquired or attached to such real property after the time of filing the lien.
The lien shall be for the use and benefit of the person curing the default of the defaulting Owner,
and may be enforced and foreclosed in a suit or action brought in any court of competent
jurisdiction.
(d) Buildings. Prior to the initial construction of a Building on a
Parcel after recordation of this Declaration, any portion of such Parcel as shall not have been
paved or otherwise improved as Common Areas shall be maintained by the Owner of such Parcel
in a neat and orderly condition, free of weeds and debris. Each Owner shall provide for
appropriate upkeep and maintenance in first class condition of the structure and exterior of the
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PLANNING COMMISSION RESOLUTION NO. 2463
Building and all Common Areas for which such Owner is responsible. Such maintenance shall
include, but not be limited to, repainting or restaining all painted or stained exterior surfaces of
each Owner's Building and Improvements as needed to maintain first class maintenance
standards for the Master Development, but in no event less frequently than every ten (10) years
commencing on the date that each such Building shall have first opened for business.
(e) Delegation to Association. The Owners of condominiums in a
condominium project or Parcels in a planned unit development shall have the right to delegate
their maintenance obligations under this Section 5 to an owners association formed in connection
with such condominium project or planned unit development. Notwithstanding any such
delegation, the Owners in such condominium project or planned unit development shall remain
jointly liable for all such obligations.
6. Covenants and Restrictions. The Master Development shall be subject
to the following restrictions which shall be binding on each Owner and each of its tenants,
occupants, employees, agents or invitees:
(a) No obstruction to the free flow or traffic and use of the driveways,
walkways, parking and delivery facilities shall be permitted, except to the extent, if any,
indicated on the Site Plan or expressly provided for in this Declaration. Usual and customary
"special events" conducted on the Common Areas shall not constitute violations of this
restriction so long as such special events do not unreasonably affect or disrupt business
operations on any other Parcel or materially and adversely affect the access, ingress and egress
easements established pursuant to Sections 2(a) and 2(b) hereof. For purposes of this paragraph,
a special event shall mean any activity, such as a car show, car wash, a sidewalk sale or a pet
clinic, which may increase the intensity of use of the Common Areas over the normal day-to-day
use of the Common Areas or which may in any way deny access to or over any portion of the
walkways, driveways or parking areas in the Common Areas.
(b) An Owner shall have the right to construct and/or relocate a
Building or other structure of any kind on such Owner's Parcel outside the Parcel's Building
Area; provided, however, that, if an Owner desires to relocate a Building or other structure of
any kind on such Owner's Parcel outside the Parcel's Building Area and such relocation would
materially and adversely affect the Owner or occupants of another Parcel, such relocation shall
not be accomplished without the prior written consent of the affected Owner and provided
further that, (i) if Buyer desires to locate a structure outside a Building Area, Buyer shall not
have to obtain the consent of the Owner of any Parcel which is part of the Shaw Parcel unless
required to do so by some other agreement, and (ii) if Declarant desires to locate a structure
outside a Building Area, Declarant shall not have to obtain the consent of the Owner of any
Parcel which is part of the Developer Parcel unless required to do so by some other agreement.
(c) No Building or other structure of any kind on a Parcel shall exceed
the maximum floor area permitted for such Parcel as designated on the Site Plan without the
prior written consent of all Owners; provided, however, that (i) Buyer may adjust the square
footage within the Shaw Parcel so long as the aggregate square footage of all Buildings in the
Shaw Parcel does not exceed the aggregate square footage allocated to all Parcels within the
Shaw Parcel, and (ii) Declarant may adjust the square footage within the Developer Parcel so
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PLANNING COMMISSION RESOLUTION NO. 2463
long as the aggregate square footage of all Buildings in the Developer Parcel does not exceed the
aggregate square footage allocated to all Parcels within the Developer Parcel.
am
(d) Any construction on a Parcel shall be conducted in a manner which
will minimize interference with the operation of the balance of the Master Development.
(e) No portion of the Master Development shall be used for a business
or use which creates strong, unusual or offensive odors, fumes, dust or vapors; is a public or
private nuisance as defined below; emits noise or sounds which are objectionable due to
intermittence, beat, frequency, shrillness or loudness; creates unusual fire, explosive or other
hazards; or materially increases the rate of insurance for any other Parcel, Owner or Permittee.
A "nuisance" shall include, without limitation, any of the following conditions:
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(1) Any emission of dust, sweepings, dirt, or cinders into the
atmosphere, or discharges of liquid, solid waste or other harmful matter onto, or under, the land
or into any stream, river or other body of water if such emission or discharge may adversely
affect the use, or intended use, of any Parcel, or any portion of the land, or which may adversely
affect the health, safety or comfort of persons in the vicinity, or the discharge of wastes or any
substance or material of any kind into any publicly maintained sewer serving the Parcel, or any
part of it, in violation of any Governmental Requirements;
(2) The discharge into the air, onto, or under, the land, or into
any stream, river or other body of water, or into any of the utilities or sewers, or the improper
storage of any gas, substance or material which is determined to be a toxic or hazardous material
or substance under any Governmental Requirements or other governmentally ratified report or
study;
(3) Without limiting the foregoing, the escape or discharge of
fumes, odors, gases, vapors, acids or other substances into the atmosphere if such escape or
discharge may be detrimental to the health, safety or welfare of persons, may interfere with the
comfort of persons within the vicinity, or may be harmful to the improvements on the property or
vegetation on it; and
(4) The perception, at any point outside the boundaries of any
Building on any Parcel, of any noise, vibration or light from any activity, machines or device
located within such Building, that unreasonably interferes with the use or enjoyment of any other
Parcel.
(f) No portion of the Master Development may be leased, used or
occupied as a funeral parlor, flea market, adult bookstore or establishment producing, selling,
exhibiting or distributing what is commonly referred to as "pornographic," "obscene," or "adult"
material, any store selling drug paraphernalia, massage parlor, so-called "head shop," cemeteries
or mortuaries, industrial uses of any type, junkyards, raising, breeding or keeping or disposing of
livestock, poultry or animals (excluding a retail pet store), truck terminals, auditorium or other
similar place of public assembly, adult entertainment facility (including without limitation an
adult bookstore, adult video store (i.e., a video store with more than 5% of its available titles
consisting of adult, sexually oriented movies riot rated by the industry rating services), nude or
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PLANNING COMMISSION RESOLUTION NO. 2463
semi-nude entertainment facility, or off-track betting, gaming or bingo establishment (but this
restriction shall not prohibit the sale of lottery tickets).
(g) No Parcel on the Shaw Parcel shall be used for any use which
under applicable regulations would require more parking in the aggregate than is located in the
Shaw Parcel, provided that, if the City approves development of a medical Building or Buildings
on the Shaw Parcel, and provided the rentable square footage of the medical Building(s) on the
Shaw Parcel does not exceed twenty percent (20%) of the total rentable square footage of all
Buildings on the Shaw Parcel, not more than fourteen (14) parking spaces on the Developer
Parcel may be utilized to satisfy code requirements for parking on the Shaw Parcel. No Parcel
on the Developer Parcel shall be used for any use which under applicable regulations would
require more parking than is located in the Developer Parcel.
(h) All Owners and Parcels shall be subject to the following
requirements regarding environmental laws and compliance:
(1) Each Owner shall comply, and shall use commercially
reasonable efforts to ensure that all of its agents, employees, guests, tenants and invitees comply,
with any and all laws, rules, regulations, judgments, orders, permits, licenses, agreements,
covenants, restrictions, requirements or the like now or hereafter relating to or governing in any
way the environmental condition of the Master Development or the presence of "Hazardous
Materials" (as such term is defined in Section 6(hX2) below) on, in, under, or affecting all or any
portion of the Master Development including, without limitation, the statutes referenced in
Section 6(h)(2) hereof (collectively, "Environmental Laws").
(2) As used herein, the term "Hazardous Material" means any
hazardous or toxic substance, material or waste which is or becomes regulated by any local
governmental authority, the State of California or the United States Government. The term
"Hazardous Material" includes, without limitation, any material or substance which is (i)
defined as a "Hazardous Waste," "Extremely Hazardous Waste" or "Restricted Hazardous
Waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140, of the
California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law),
(ii) defined as a "Hazardous Substance" under Section 25316 of the California Health and Safety
Code, Division 20, Chapter 6.8 (Carpenter-Presly-Tanner Hazardous Substance Account Act),
(iii) defined as a "Hazardous Material," "Hazardous Substance" or "Hazardous Waste" under
Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous
Materials Release Response Plans and Inventory), (iv) defined as a "Hazardous Substance"
under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) listed under
Article 9 and defined as hazardous or extremely hazardous pursuant to Article 2 of Title 22 of
the California Administrative Code, Division 4.5, Chapter 10 (viii) pesticides, (ix)
polychlorinated biphenyls, (x) solvents, (xi) defined as a "Hazardous Substance" pursuant to
Section 311 of the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.), (xii)
defined as a "Hazardous Waste" pursuant to Section 1004 of the Federal Resource Conservation
and Recovery Act, 42 U.S.C. Section 6901 et seq., (xiii) defined as a "Hazardous Substance"
pursuant to Section 101 of the Comprehensive Environmental Response Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq., (xiv).defined as a "Hazardous Substance" pursuant
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PLANNING COMMISSION RESOLUTION NO. 2463
to Section 401.15 of the Clean Water Act, 40 C.F.R. 116, (xv) defined as a "Extremely
r Hazardous Substance" pursuant to Section 302 of the Superfund Amendments and
Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.
(3) Each Owner ("Indemnifying Owner") shall indemnify,
defend and hold harmless all other Owners and their Permittees from all losses, claims and
damages arising out of or resulting from, directly or indirectly, the release of Hazardous Material
on any Parcel by the Indemnifying Owner, its Permittees and their respective agents, employees
and invitees, including without limitation the migration of any such Hazardous Materials from
the Indemnifying Owner's Parcel to any other Parcel.
(i) The Maintenance Manager shall maintain, repair, replace and
insure the Common Area Maintenance Elements and the improvements and landscaping therein.
Without limiting the foregoing, the Maintenance Manager shall maintain the retention/detention
and storm drain system portions of the Common Area Maintenance Elements in accordance with
the manufacturer's recommendations and the requirements of the City. Each Owner shall
reimburse Maintenance Manager for such Owner's proportionate share of "Maintenance
Expenses" (defined below).
(1) Maintenance Manager shall, in the exercise of its
reasonable discretion, estimate the amount of out-of-pocket expenses to be incurred in each
calendar year for the maintenance, repair, replacement and insuring of the Common Area
Maintenance Elements and the improvements and landscaping therein ("Maintenance
Expenses"). Maintenance Expenses will include an administrative fee for the Maintenance
Manager in an amount equal to five percent (5%) of the amount of other Maintenance Expenses.
Each Owner shall pay Maintenance Manager its "Proportionate Share" (defined below) of
Maintenance Expenses as estimated by Maintenance Manager ("Estimated Expenses"). The
term "Proportionate Share" means (a) for each Parcel comprising the Developer Parcel, 59.1%
times a fraction, the numerator of which shall be the total area in square feet of such Parcel (as
shown on the applicable recorded parcel map, subdivision map, or lot line adjustment applicable
to such Parcel), and the denominator of which shall be the total area in square feet of all Parcels
comprising the Developer Parcel, and (b) for each Parcel comprising the Shaw Parcel, 41.9%
times a fraction, the numerator of which shall be the area in square feet of the Building Area on
each such Parcel, and the denominator of which shall be the total area in square feet of the
Building Area of all Parcels comprising the Shaw Parcel. Maintenance Manager shall have the
right, in the exercise of its reasonable discretion, to adjust the Estimated Expenses from time to
time during each calendar year. Estimated Expenses shall be payable in equal monthly or
quarterly installments, as Maintenance Manager may elect by written notice to the Owners. On
or before April 1 of each calendar year, Maintenance Manager will deliver to each Owner a
statement reflecting the actual Maintenance Expenses incurred by Maintenance Manager during
the preceding calendar year ("Actual Expense Statement"). If the amount of Estimated
Expenses paid by an Owner during the preceding calendar year is less than its Proportionate
Share of actual Maintenance Expenses for such preceding calendar, such Owner will pay the
amount of such deficiency to Maintenance Manager within thirty (30) days after Maintenance
Manager's delivery of the Actual Expense Statement. If the amount of Estimate Expenses paid
by such Owner during the preceding calendar year is more than its Proportionate Share of actual
Maintenance Expenses for such preceding calendar year, Maintenance Manager may credit an
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amount not to exceed to three (3) months' Estimated Expenses (at the rate then in effect) against
future installments of Estimate Expenses and shall refund to the applicable Owner any
overpayment in excess of such credit concurrently with the delivery of the Actual Expense
Statement.
(2) Any amount required to be paid to Maintenance Manager
pursuant to this Section 6(i) that is not paid within ten (10) days after same is due shall (a) accrue
a late charge equal to five percent (5%) of the unpaid amount and (b) bear interest at the Default
Rate from the due date for payment until paid. Any amounts not paid within such ten (10) day
period, together with the interest thereon, shall be a secured right and a lien shall attach and take
effect upon recordation of a notice of claim for such lien by Maintenance Manager in the office
of the County Recorder of the County, as provided in Section 5(c) above.
(3) The Owners of condominiums in a condominium project or
Parcels in a planned unit development shall have the right to designate an owners' association
formed in connection with such condominium project or planned unit development as their agent
for collection and payment of the Maintenance Expenses payable by such Owners.
Notwithstanding any such delegation, all the Owners in such condominium project or planned
unit development shall remain jointly liable for the payment of Maintenance Expenses allocated
to the Parcel(s) on which such condominiums are developed and/or the Parcels comprising the
planned unit development, as applicable.
(j) No Signage shall be constructed, placed or installed in the Master
Development except in conformance with the Sign Criteria. Declarant and Shaw, acting
together, may authorize variances from the Sign Criteria. Such variances must be evidenced in
writing, must be signed by Declarant and Shaw, and shall become effective upon recordation. If
such variances are granted, no violation of the covenants, conditions and restrictions contained in
this Declaration shall be deemed to have occurred with respect to the matter for which the
variance was granted. The granting of such a variance shall not operate to waive any of the
terms and provisions of this Declaration for any purpose except as to the particular Sign, nor
shall it affect in any way the Owner's obligation to comply with all governmental laws and
regulations affecting the use of such Owner's Parcel and any Improvements thereon. In the
event Declarant should transfer all of the Declarant's Parcel and/or Shaw transfer all of the Shaw
Parcel, Declarant or Shaw, as applicable, shall designate another Owner or an association formed
for the benefit of all or some of the Owners or parcels or condominiums in the Developer Parcel
or the Shaw Parcel, as applicable, to act in its place under this paragraph a).
7. Indemnification. Each Owner shall indemnify, defend and hold all other
Owners and their Permittees harmless (except for loss or damage resulting from the negligence
or wilful misconduct of such other parties) from and against any damages, liability, actions,
claims, and expenses (including reasonable attorneys' fees) in connection with the loss of life,
personal injury or damage to property arising from or out of the negligence or wilful misconduct
of the Indemnifying Owner, its Pennittees and their respective agents, employees and invitees.
8. Remedies.
(a) Self Help, Lien Rights, Disputes.
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PLANNING COMMISSION RESOLUTION NO. 2463
(1) If any Owner shall default in the performance of its
... obligations under this Declaration (a "Defaulting Owner"), which default affects the
Maintenance Manager or Owner or occupant of another Parcel (an "Affected Party"), the
Affected Party, in addition to all other remedies it may have at law or in equity, after ten days'
prior written notice to the Defaulting Owner (or in the event of an emergency after such notice as
is practical under the circumstances), shall have the right to perform the obligation on behalf of
the Defaulting Owner. The Defaulting Owner shall promptly reimburse the Affected Party the
cost the affected Party incurred, together with interest at the Default Rate.
(2) Any claim for reimbursement and any other amounts
payable by a Defaulting Owner pursuant to this Declaration, together with interest thereon at the
Default Rate until paid, shall be secured by a lien on the Parcel and improvements on it owned
by the Defaulting Owner, which lien shall be effective upon the recording of a notice in the
Office of the Riverside County Recorder.
(b) Injunction and Other Remedies. If any Owner breaches any
obligation of this Declaration, the other Owners shall be entitled to obtain an injunction
specifically enforcing the performance of the obligation. The Owners acknowledge the
inadequacy of legal remedies and the irreparable harm which would be caused by any breach.
Any costs and expenses of any such proceeding, including attorneys' fees in a reasonable
amount, shall be paid by Defaulting Owner.
(c) Nonwaiver. No delay or omission of any Owner in the exercise of
any right accruing upon any default of any other Owner shall impair such right or be construed to
be a waiver of it, and every such right may be exercised at any time during the continuance of
MOO such default. A waiver by any Owner of a breach of, or a default in, any of the terms and
conditions of this Declaration by any other Owner shall not be construed to be a waiver of any
subsequent breach of or default in the same or any other provision of this Declaration. Except as
otherwise specifically provided in this Declaration, no remedy provided in this Declaration shall
be exclusive but each shall be cumulative with all other remedies provided in this Declaration, at
law or in equity.
(d) Effect of Breach. No breach of the provisions of this Declaration
shall entitle any Owner or party to cancel, rescind or otherwise terminate this Declaration, but
such limitation shall not affect in any manner any other rights or remedies which any party may
have by reason of any breach of the provisions of this Declaration.
(e) Force Majeure. If any Owner shall be delayed or hindered in or
prevented from the performance of any act required to be performed by such party by reason of
acts of God, strikes, lockouts, unavailability of materials, failure of power, Governmental
Requirements, riots, insurrections, unusual and adverse weather conditions, war or other reason
beyond such Parry's control, then the time for performance of such act shall be extended for a
period equivalent to the period of such delay. Lack of adequate funds or financial inability to
perform shall not be deemed to be a cause beyond the control of a Party.
9. Term.
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(a) The covenants, conditions and restrictions of this Declaration shall
run with and bind the Master Development and each portion thereof and shall inure to the benefit
of and be enforceable by each Owner and its legal representatives, heirs, successors and assigns,
for a term of fifty (50) years from the date this Declaration is recorded, after which time said
covenants, conditions and restrictions shall be automatically extended for successive periods of
ten (10) years, unless an instrument, signed by all Owners has been recorded prior to the end of
any such period, agreeing to terminate the covenants, conditions and restrictions in whole or in
part.
(b) Upon termination of this Declaration, the rights of the Owners of
the Parcels with respect to the easements for utilities shall be governed by the provisions of this
Declaration including provisions for relocation, repair and removal of the easements. Without
limiting the generality of the foregoing, the Owner of any Parcel burdened by any utility
easement shall have the right, subject to compliance with the provisions of this Declaration, to
relocate any utilities serving any other Parcel, provided that such relocation is done at the sole
cost and expense of the Owner accomplishing the relocation and provided that the relocation
does not materially interfere with or increase the cost of the provision of utility services to the
Parcel benefited by the utilities.
10. Amendment. This Declaration may be amended or modified at any time
by a declaration in writing, executed and acknowledged by Owners who (a) own more than sixty
percent (60%) of the Net Acreage in the Master Development (during such time as Shaw is the
Owner of any portion of the Shaw Parcel or an entity in which Shaw-CDK Properties, LLC,
Charles E. Crookall and/or Kevin M. Klemm own, directly or indirectly, more than a twenty-five
percent (25%) ownership interest (a "Shaw Affiliate"), or (b) own more than fifty percent (50%)
of the Net Acreage in the Master Development (during such time as Shaw or a Shaw Affiliate no
longer is the Owner of any portion of the Shaw Parcel); provided, however, that (1) any
amendment under (b) above which (i) affects the Building Areas on the Shaw Parcel, (ii)
increases the amounts to be paid by the Owner of any portion of the Shaw Parcel, (iii) reduces,
rescinds or adversely modifies any easement granted hereunder for the benefit of any portion of
the Shaw Parcel shall also require the consent of the Owner or Owners adversely affected
thereby, or (iv) modifies paragraph (j) of Section 6 or the Sign Criteria set forth in Exhibit "E",
and (2) any amendment under (b) above which (i) affects the Building Areas on the Developer
Parcel, (ii) increases the amounts to be paid by the Owner of any portion of the Developer
Parcel, or (iii) reduces, rescinds or adversely modifies any easement granted hereunder for the
benefit of any portion of the Developer Parcel shall also require the consent of the Owner or
Owners adversely affected thereby. For so long as Shaw or a Shaw Affiliate owns any portion of
the Shaw Parcel, only for purposes of consenting to any amendment of this Declaration, Shaw or
a Shaw Affiliate, as applicable, shall be deemed the Owner of the entire Shaw Parcel and shall
therefore be the sole Owner of any portion of the Shaw Parcel whose consent to any amendment
of this Declaration is required. Any such amendment shall be effective upon recordation in the
Official Records of Riverside County, California. Neither Declarant nor Shaw (or Shaw
Affiliate) shall have any liability to any other Owner for exercising their respective consent
rights under this Declaration, including without limitation their rights under this Section 10.
11. Effect of Instrument.
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IMO
(a) Mortgage Subordination. No amendment or breach of the
provisions of this Declaration shall defeat or render invalid the lien of any Mortgage made in
good faith for value covering any part of the Master Development and any improvements on it.
Any Person acquiring title to any Parcel by foreclosure of any Mortgage or by deed in lieu of
foreclosure or trustee's sale shall acquire title to such Parcel subject to all of the terms and
provisions of this Declaration. No Person acquiring title to any Parcel by foreclosure of any
Mortgage or by deed in lieu of foreclosure or trustee's sale shall be personally liable for payment
of any amounts owing under this Declaration prior to the date such Person acquired title to such
Parcel or payment of any lien recorded pursuant to this Declaration and encumbering such Parcel
which arose prior to the date such Person acquired title to such Parcel, provided that such lien
shall remain a valid lien and charge against such Parcel.
(b) Binding Effect. Every covenant, condition, restriction and
easement provided for herein shall constitute an equitable servitude appurtenant to and for the
benefit of all Parcels in the Master Development. Any transferee of any part of the Master
Development shall automatically be deemed, by acceptance of the title to any portion of the
Master Development, to have assumed all obligations of this Declaration to the extent of its
interest in its Parcel and to have agreed with the then Owner or Owners of all other portions of
the Master Development to execute any and all instruments and to do any and all things
reasonably required to carry out the intention of this Declaration. The covenants, conditions and
restrictions contained herein shall run with the land; shall be binding upon and inure to the
benefit of the Master Development, every portion thereof and interest therein; and shall be
binding upon and inure to the benefit of Declarant and every person or entity having or acquiring
any interest in the Master Development, and their respective successive owners and assigns.
(c) Nondedicatlon. Nothing contained in this Declaration shall be
deemed to be a gift or dedication of any portion of the Master Development to the general public
or for any public use or purpose.
12. Notices. Any notice, report or demand required, permitted or desired to
be given under this Declaration shall be in writing and addressed to the Owners at the Parcel(s)
owned by such Owners or at such other addresses as each shall supply to the others in the
manner hereafter provided. All notices given pursuant to this Declaration shall be deemed
received upon personal delivery or, if mailed by certified or registered mail, return receipt
requested, postage prepaid, upon expiration of three (3) business days after mailing or, if sent by
ovemight courier service, upon expiration of one (1) business day after pickup by such overnight
courier service, unless actually received sooner. Upon the transfer of any Parcel the Owner of
such Parcel shall notify the other Owners in writing of the transferee's address for purposes of
notice under this Declaration. An Owner may change its address for notices or require that one
extra copy thereof be sent to a specified address by giving written notice to the other Owners in
the manner herein provided. The initial address for notices under this Declaration for Declarant
and for Shaw shall be as follows:
41111111 S JD\30314.0002\347 896.1 1 10/ 12/2005
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PLANNING COMMISSION RESOLUTION NO. 2463
If to Shaw:
If to Declarant:
13. Miscellaneous.
Shaw / Palm Desert 1, LLC
160 Newport Center Dr., Suite 250
Newport Beach, CA 92660
Attn: Charles E. Crookall
The University Village Partnership
74-000 Country Club Drive
Suite H-2
Palm Desert, CA 92211
Attn: Rick Evans
(a) If any provision of this Declaration, or portion of it, or the
application of it, to any person or circumstances, shall to any extent be held invalid, inoperative
or unenforceable, the remainder of this Declaration, or the application of such provision or
portion of it to any other persons or circumstance, shall not be affected. It shall not be deemed
that any such invalid provision affects the consideration for this Declaration. Each provision of
this Declaration shall be valid and enforceable to the fullest extent permitted by law.
(b) This Declaration shall be construed in accordance with the laws of
California.
(c) The Section headings in this Declaration are for convenience only,
shall in no way define or limit the scope or content of this Declaration, and shall not be
considered in any construction or interpretation of this Declaration or any part of it.
(d) Nothing in this Declaration shall be construed to make the Owners
partners or joint venturers or render any of the Owners liable for the debts or obligations of the
others.
(e) If any action or proceeding is instituted to enforce or interpret any
of the provisions of this Declaration, the prevailing party in such action shall be entitled to
recover from the other party its reasonable attorneys' fees and costs.
'14. Rights and Requirements of the City of Palm Desert. Notwithstanding
any other provision to the contrary as may be contained in this Declaration, and in addition to all
other rights granted to the City of Palm Desert, California (the "City") pursuant to the provisions
of this Declaration, the City shall have the following additional rights, and Declarant, the
Association and the Owners, as applicable, shall comply with the following provisions, City
requirements and conditions:
(a) Definitions.
(1) For purposes of this Section 14, the term "Improvements"
shall have that meaning set forth in this Declaration and shall also include all other
improvements in the Master Development, including, without limitation, the following: all
structures and buildings (and all components thereof); private utilities; landscaping
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PLANNING COMMISSION RESOLUTION NO. 2463
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improvements and plantings; fences and walls, private streets and driveways, sidewalks, parking
areas, garages, carports, lighting, signs, irrigation and drainage facilities.
(2) The term "Developers" shall mean Declarant and Shaw,
collectively.
(b) Maintenance. Developers, Maintenance Manager and each Owner
shall comply with the following special conditions, as applicable:
(1) Maintenance Manager Maintenance. The Maintenance
Manager shall, at all times, perform such maintenance as is required to be performed by the
Maintenance Manager under this Declaration, which maintenance shall include, without
limitation, maintenance of all Common Area Maintenance Elements, together with all
Improvements located therein, in good repair, condition and appearance, and shall keep the
Common Area Maintenance Elements neat, clean and sanitary, free from any accumulation of
debris or waste materials, and otherwise in accordance with this Declaration and applicable City
Codes and Regulations.
(2) Owner Maintenance. Each Owner, including Developers,
shall, at all times, perform such maintenance as is required to be performed by an Owner under
this Declaration, which maintenance shall include, without limitation, maintenance of such
Owner's Lot, Parcel or Unit, and all Improvements located therein, in good repair, condition and
appearance, and shall keep the Lot, Parcel or Unit neat, clean and sanitary, free from any
accumulation of debris or waste materials, and otherwise in accordance this Declaration and
applicable City Codes and Regulations.
(3) Landscape Maintenance. All landscaping in the Master
Development, including, without limitation, trees, shrubs and other vegetation, drainage and
irrigation systems, shall be installed as provided in the landscape plan as approved by the City
and shall be permanently maintained in good, first class condition, healthy, without deterioration,
free of waste and debris, and in conformity with the landscaping maintenance standards of the
City and per the latest edition of the City of Palm Desert "Landscape Maintenance Guidelines."
Dead or diseased plants shall be promptly replaced with landscaping similar in type, size and
quality. Automatic irrigation systems shall be properly maintained and other reasonable and
adequate landscape maintenance facilities and procedures shall be provided to fulfill the
foregoing requirements. All such landscaping within the Developer Parcel shall be maintained
by Maintenance Manager. All such landscaping on the Shaw Parcel shall be maintained by
Shaw until such time as Shaw forms an owners association for the Shaw Parcel ("Shaw Parcel
Association'), at which time the Shaw Parcel Association shall become responsible for the
maintaining the landscaping on the Shaw Parcel in accordance with this Declaration, at which
time all landscaping on the Shaw Parcel.
(4) Parkin¢ and Driveways. Driveways and traffic aisles on
the Master Development shall be kept clear and unobstructed at all times. No vehicles or other
obstruction shall project into such driveways or traffic aisles. All private streets or driveways,
sidewalks and parking areas shall be regularly swept and cleaned. All asphalt and concrete
paved areas shall be repaired, replaced, and re -striped, as necessary, to maintain said pavement at
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PLANNING COMMISSION RESOLUTION NO. 2463
all times in a level and smooth condition. Any traffic or parking signage will be properly
maintained.
(5) Public Nuisan . The Master Development shall be
maintained in such manner as to, at a minimum, avoid the reasonable determination of a duly
authorized official of the City that a public nuisance has been created by the absence of adequate
maintenance such as to be detrimental to public health, safety or general welfare, or such
condition or deterioration or disrepair causes appreciable harm or has been truly detrimental to
the Master Development or improvements within one thousand (1000) feet of any portion of the
Master Development.
(c) Enforcement by the City. In the exercise of its general police
power, the City regulates land uses and subdivisions within the City, including certain
requirements for the Master Development as reflected in the provisions of this Declaration. Each
Owner acknowledges by acceptance of the deed or other conveyance therefor, whether or not it
shall be expressed in any such deed or other instrument, that each of the covenants, conditions
and restrictions set forth in this Section 14 benefit the City, and that the City has a substantial
interest to be protected with regard to assuring compliance with, and enforcement of, these
covenants, conditions and restrictions and any amendments thereto. All such covenants,
conditions and restrictions shall therefore be enforceable by the City by proceedings at law or in
equity or in the following manner.
If in the opinion of the City Manager of the City (or his authorized
representative), (a) the Maintenance Manager at any time fails to maintain the Common Area
Maintenance Elements, and the improvements located thereon, in accordance with specified
standards ofrepair, maintenance and cleanliness in accordance with this Section 14, or (b) Shaw
or the Shaw Parcel Association (as applicable, "Shaw Landscape Manager") at any time fails to
maintain the landscaping on the Shaw Parcel in accordance with specified standards of repair,
maintenance and cleanliness in accordance with this Section 14, the City shall give written notice
to the Maintenance Manager or the Shaw Landscape Manager, as applicable (as applicable, the
"Defaulting Manager') by certified mail, return receipt requested, or by an express mail or
delivery service which provides confirmation of delivery date and receipt therefor, specifying the
nature of such deficiency ("Notice of Deficiency"). Such Notice of Deficiency from the City
shall be addressed to the Defaulting Manager and shall require that the Defaulting Manager take
appropriate corrective action within thirty (30) days of receipt of such Notice of Deficiency
unless there exists a hazardous condition creating an immediate possibility of serious injury to
persons or property, in which case the time for correction may be reduced to a minimum of five
(5) days. The Defaulting Manager shall have the right, within ten (10) days of receipt of such
Notice of Deficiency, to file an appeal with the City Council of the City for public hearing before
the City Council to consider the reasonableness of the City's requirements as set forth in the
Notice of Deficiency. The decision of the City Council on such appeal shall be binding upon all
parties but may be appealed by the Defaulting Manager through an appropriate action in any
court having jurisdiction. The Notice of Deficiency from the City shall state the anticipated
costs that the City would assess against the Defaulting Manager for corrective work to be
accomplished, which costs shall be no more than those charged by competitive private industry
for similar work. If the Defaulting Manager, within the time set forth in the Notice of Deficiency
(subject to extension for such time as may be required to appeal the Notice of Deficiency to the
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PLANNING COMMISSION RESOLUTION NO. 2463
City Council) does not undertake and complete the corrective work required as described in the
Notice of Deficiency, the City may (but will not be obligated to) undertake and complete such
corrective measures as are set forth in the Notice of Deficiency and assess the costs thereof
against the Defaulting Manager. The City may elect to enforce payment of such costs through
the procedures set forth in this Declaration for the establishment of assessment liens or through
an action at law (which action may be brought without foreclosing or waiving any lien securing
such amount). The Defaulting Manager shall be liable for any judgments obtained by the City
against the Defaulting Manager related to the performance of the requirements under this Section
14.
(d) Easement to City. In the event the City elects to undertake and
complete the corrective measures as set forth in the Notice of Deficiency, Developers hereby
grant to, and reserves for, the City and its authorized representatives, employees and contractors,
a non-exclusive easement for access, ingress and egress upon and across the Master
Development as may be necessary to complete such work.
(e) Easement for Law Enforcement and Emergency Vehicles and
Personnel. Developers hereby reserve a non-exclusive easement for access, ingress and egress
upon and across the Common Area as may be necessary for law enforcement and for the
provision of emergency services in the Master Development by City and state law enforcement
officers and vehicles, City Fire Department and other emergency services vehicles and
personnel.
(f) Agreement Between Developers and City. The Developers, in
exchange for granting of the City's approval of this Declaration, hereby agrees to hold, sell and
convey the Master Development subject to the covenants, conditions, restrictions and
reservations contained in this Section 14. Developers also grant to the City the right and power
to enforce the covenants, conditions, restrictions and reservations contained in this Section 14
against the Developers, so long as Developers have an interest in the Master Development, and
all persons or entities having any right, title or interest in the Master Development, or any part
thereof their heirs, successive owners and assigns and successors -in -interest.
(g) Compliance with La . Developers, the Maintenance Manager,
each Owner and any owners association(s) formed in connection with any portion of the Master
Development shall comply with state and federal law and with all ordinances, regulations and
standards of the City, and any assessment district of the City, as may be applicable to the Master
Development.
(h) Other Rights and Remedies of the City.
(1) In the event of any violation or threatened violation of any
of the provisions of this Declaration, then in addition to, but not in lieu of, any of the rights or
remedies the City may have to enforce the provisions hereof, the City shall have the right to
withhold or revoke, after giving notice of said violation, any building permits, occupancy
permits, certificates of occupancy, business licenses and similar matters or approvals pertaining
to the Master Development or any part thereof or interests therein as to the violating person or
entity or one threatening violation.
SID00314.0002\3 4 7 896 11 10/ 12/2005
-19-
PLANNING COMMISSION RESOLUTION NO. 2463
(2) Any enforcement rights of the City as described in this
Section 14 are in addition to and not instead of rights of the City regarding enforcement of City
codes and regulations, and the City may use any enforcement vehicle available to it to insure that
the Master Development does not become a nuisance.
(i) No City Liability. The failure or refusal of the City to exercise any
of the rights or powers conferred by this Section 14 will not result in any liability to the City and
shall not give rise to a cause of action against the City, its officers and employees, on the part of
any person. No officer or employee of the City shall be personally liable to the Declarant, the
Maintenance Manager or any Owner, for any default or breach by the City, its officers and
employees, under this Declaration.
(j) Amendments/Termination. Any termination of this Declaration,
and any amendment to any provision of this Section 14 or to any other provisions of this
Declaration enforceable by the City shall require the prior written consent of the City Manager
(or his authorized representative) prior to recording any amendment to this Declaration, which
(a) affects the rights of the City under this Section 14; (b) affects the Maintenance Manager's
obligation to maintain the Common Area Maintenance Elements as described in this Declaration
or affects the maintenance obligations of the Shaw Parcel Association and/or Owners; (c)
redefines or changes the description and/or boundaries of the Common Area Maintenance
Elements as described in this Declaration, or (d) terminates this Declaration. The City's prior
written approval shall be recorded concurrently with any such amendment or termination. Any
such amendment or termination recorded without the City's written approval shall be mill and
void.
(k) Attorney's Fees. In any action brought by the City to enforce this
Declaration, the prevailing party will be entitled to receive its attorney's fees and costs, in
addition to such other relief as may be granted. In addition, the City shall be entitled to receive
its attorney's fees and costs expended in connection with (a) enforcement of this Section 14, and
(b) any settlement procedure as may be ordered by the court. To the extent the Maintenance
Manager, the Shaw Parcel Association and/or any individual Lot Owners is a non -prevailing
party in any enforcement action, the Maintenance Manager, the Shaw Parcel Association and/or
the individual Lot Owners (as applicable) against whom such enforcement action has been taken
shall be jointly and severally liable for any such attomey's fees and costs.
(1) Notices. Notices to the City that may be required or necessary
under this Declaration, if any, shall be provided to the following addresses:
To City:
With Copy to:
SJD130314 0002\347896.11 10/12/2005
City of Palm Desert Planning Department
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Director of Planning
Best Best & Krieger LLP
74-760 Highway 111
Indian Wells, CA 92210
Attn: Robert W. Hargreaves, Esq.
-20-
PLANNING COMMISSION RESOLUTION NO. 2463
(m) Miscellaneous.
(1) Nothing in this Declaration shall be construed to relieve
any Owner of its obligation to obtain necessary permits and approvals from the City's Director
of Planning to the extent required under applicable ordinances for the construction, repair,
modification, or alteration of any buildings, equipment, structures or improvements in the Master
Development.
(2) The Maintenance Manager, Shaw and/or the Shaw Parcel
Association shall be required, on January 1n of each year, to file with the City's Director of
Planning the names, addresses and telephone numbers of the management company(ies) (if any)
hired to perform landscape maintenance required under this Declaration.
[SIGNATURES ON FOLLOWING PAGE)
SJD130314 0002\347896.11 10/17J2005 -21-
PLANNING COMMISSION RESOLUTION NO. 2463
[SIGNATURE PAGE TO
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR
UNIVERSITY VILLAGE]
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed
to be effective as of the Effective Date.
SHAW/PALM DESERT I, LLC,
a California limited liability company
THE UNIVERSITY VILLAGE
PARTNERSHIP, a California general
partnership
By: SHAW-CDK PROPERTIES, LLC,
a California limited liability company, By: EVANS UNIVERSITY VILLAGE
Its Manager LLC, a California limited liability
company
By:
t
�,f
i :-•
Charles E. Crookalr
Its Manager
"Shaw"
SJD\30314 0002\347896.11 10/12/2005
-22-
By:
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA )
SS
COUNTY OF p e .1uc, )
On Oe..obev i'1 , 2005, before me, 3ILi. 1... MOu.,z , a
Notary Public in and for said State, personally appeared Char li 5 t . 0 .z,., el u
and - , personally known to me
to be the personswhose names. subscribed to the within
instrument and acknowledged to me that tliVy executed the same in tlauthorized capacities,
and that by 4114 on the instrument the person% or the entity upon behalf of which the
person% acted, executed the instrument.
WITNESS my iiana a,iu ui111.ti}! .
JAI L. MARCUM =
Commission. if�N
Notary Public - Mania
Orange Calve
My Comm. EgiiranOttilaillZ5:
(SEAL)
No blic in and for said St
SJD130314.00021347896.1 110/122005 -2-
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA )
) ss
COUNTY OF 42,►J t. ,S1 D )
On O al. o 8 -- 1 `� , 200E, before me, (Y' Pie..4 . y n. Ci , a
Notary Public in and for said State, personally appeared 4 F. r46
and , personally known to me or proved-te-me-rm-the
basis -of -satisfactory-evidence to be the pe • nn whose name-e-su • scribed to the within
instrument and acknowledged to me that executed the same in :. . authorized capacitigs,
and that by r signature's on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument
WITNESS my hand and official seal.
(SEAL)
V
COMM1111011 11116114
Mary rugs • C Rondo
Ilhiside Car*
Mgroomm. fisgast Asi 6,
SJD130314.0002\347896.11 10/12/2005
-2-
PLANNING COMMISSION RESOLUTION NO. 2463
SUBORDINATION
The undersigned ("Beneficiary"), as holder of the beneficial interest in and under those
certain Deed of Trust, among THE UNIVERSITY VILLAGE PARTNERSHIP, a California
general partnership, as Trustor, STEWART LAND TITLE COMPANY ESCROW, as Trustee,
and ART PALM, LLC, a Delaware limited liability company, as Beneficiary, recorded on
February 3, 2005, as Instrument No. 2005-0096153, in Official Records of Riverside County
California ("Deed of Trust") (the beneficial interest under which Deed of Trust was assigned to
Beneficiary by assignment recorded April 12, 2005 as Instrument No. 2005-0285551, in Official
Records of Riverside County) expressly subordinates said Deeds of Trust and its beneficial
interest thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and
Reservation of Easements to which this Subordination is attached, as amended or restated
("Declaration'), and to all easements to be conveyed to the Association in accordance with the
Declaration. By executing this Subordination, the undersigned agrees that should the
undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial
or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of
Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall
remain in full force and effect.
Dated: Oc4cle✓ / 9 , 2005 BANK MIDWEST, N.A.
r..
elm SJD1303 14 00021347896.11 10/17/2005
-1-
By: 4v
By:
Its: ,640-
Its:
PLANNING COMMISSION RESOLUTION NO. 2463
rnrssoc.. r
STATE OF )
) ss
COUNTY OF Sc astcr-
On De bf 19 , 200, before me, ii6.4-1v s . , a
Notary Public in and for said State, personally appeared ere {- A ,1:11 r-4,Q.,,, .
and , personally known to me or proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
SJD130314.00021347896.I1 10/17/2005
Pure in and for said State
NOTARY SEAL
STATE OF MISSOURI
JACKSON COUNTY
My Commies°o : Expires MAR 30, 2007
-2-
PLANNING COMMISSION RESOLUTION NO. 2463
SUBORDINATION
The undersigned ("Beneficiary"), as holder of the beneficial interest in and under those
certain Deed of Trust, among THE UNIVERSITY VILLAGE PARTNERSHIP, a California
general partnership, as Trustor, AMERICAN SECURITIES COMPANY, as Trustee, and
WELLS FARGO BANK, National Association, as Beneficiary, recorded on March 3, 2005, as
Instrument No. 2005-0172263 in Official Records ofRivereide County Califomia ("Deed of
Trust"), expressly subordinates said Deeds of Trust and its beneficial interest thereunder to the
foregoing Declaration of Covenants, Conditions and Restrictions and Reservation of Easements
to which this Subordination is attached, as amended or restated ("Declaration"), and to all
easements to be conveyed to the Association in accordance with the Declaration. By executing
this Subordination, the undersigned agrees that should the undersigned acquire title to all or any
portion of the Properties by foreclosure (whether judicial or nonjudicial), deed -in -lieu of
foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire
title subject to the provisions of the Declaration, which shall remain in full force and effect.
Dated: O - u-' *c I $ , 2005
SJDU0314.00021347896.11 10/12/2005
-1-
WELLS FARGO BANK, National Association
By:
By:
Its: v ►ce ?RET tm-NT
Its:
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA )
) ss
COUNTY OF
On (i6,164.e r /', , 200, 3 before me, .r�? ��c �' Ci^ , a
Notary Public in and for said State, personally appeared ,,i s X,and _ ., , personally known to me or proved tb me on the
basis of satisfactory evidence to be the pers p whose namegare sub gybed to the within
instrument an acknowledged to me that tl y executed the same in tULauthorized capacities,
and that by aei signatureg on the instrument the persorpG or the entity upon behalf of which the
persolt acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
(SEAL)
S1 D\30314.0002\347896. 1110/ 12/2005
Not
PLANNING COMMISSION RESOLUTION NO. 2463
SUBORDINATION
The undersigned ("Beneficiary"), as holder of the beneficial interest in and under those
certain Deed of Trust, among SHAW/PALM DESERT 1, LLC, a California limited liability
company, as Trustor, STEWART LAND TITLE COMPANY, as Trustee, and UNIVERSITY
VILLAGE PARTNERS, LLC, a California limited liability company, as Beneficiary, recorded
on March 15, 2005, as Instrument No. 2005-0203154 in Official Records of Los Angeles County
California ("Deed of Trust"), expressly subordinates said Deeds of Trust and its beneficial
interest thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and
Reservation of Easements to which this Subordination is attached, as amended or restated
("Declaration"), and to all easements to be conveyed to the Association in accordance with the
Declaration. By executing this Subordination, the undersigned agrees that should the
undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial
or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of
Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall
remain in full force and effect.
Dated:
2005 UNIVERSITY VILLAGE PARTNERS, LLC,
a California limited liability company
By: L J'..i - cif!•-,r
Its: -;--� 1�i•�. r/ %"'-1'"'' _
By:
Its: Y.' ,4=n
SID\30314.0002\347896.11 10/12/2005 -1-
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA )
ss
COUNTY OF DR.&Alto t
On Ot•rnRf + I-1 , 200n, before me, Sti�.L L . NAcu s,. , a
No Public in and for said State, personally appeared 44 u r kto a u N(. J iZ c i
and AP�-T. LttiLa Alt. , personally known to me revved to meon-the
bans-e€ ief :tierce to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and_offcial seal.
JILI L MFAROUEZ
Comm::.mon 81326744
Notary Public - Catitornta
Crn! a County
AAy c«r.n Fxpmes 01125, 21X6
(SEAL)
SJD13031 4.00021347896.11 10/12/2005 -2-
Public in and for said ,. .te
PLANNING COMMISSION RESOLUTION NO. 2463
SUBORDINATION
The undersigned ("Beneficiary"), as holder of the beneficial interest in and under those
certain Deed of Trust, among SHAW/PALM DESERT 1, LLC, a California limited liability
company, as Trustor, STEWART LAND TITLE COMPANY, as Trustee, and SHS PALM
DESERT LENDERS, LLC, a California limited liability company, as Beneficiary, recorded on
March 15, 2005, as Instrument No. 2005-0203155 in Official Records of Los Angeles County
California ("Deed of rust"), expressly subordinates said Deeds of Trust and its beneficial
interest thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and
Reservation of Easements to which this Subordination is attached, as amended or restated
("Declaration"), and to all easements to be conveyed to the Association in accordance with the
Declaration. By executing this Subordination, the undersigned agrees that should the
undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial
or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of
Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall
remain in full force and effect.
Dated: l of t1 , 2005 SHS PALM DESERT LENDERS, LLC, a
California 1i • ed liability company
SID130314.0002\347896.11 10/12/2005
-1-
B
Its: Mau¢' By: ' (7(.'
Its: y
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA )
) ss
COUNTY OF cQ.Ai.c. L
On OonsseR. 11 , 2005 before me, 311.L.11•4 , a
No Public in and for said State, personally appeared %Ionnvu '5 . cNdd�
and &L7 E . at -co n 11 , personally known to me
basis . = �,.�:� , 1�. -evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESSmy hand. off cial seal.
JILL L MARQUEZ
Commission * 1328744
Notary Public - California
Orange County
lily Comm Expires Oct 25, 2005
(SEAL)
SJD130314.00021347896.1 110/12/2005 -2-
4'J p7
blic in and Zdte sai
PLANNING COMMISSION RESOLUTION NO. 2463
SUBORDINATION
The undersigned ("Beneficiary"), as holder of the beneficial interest in and under those
certain Deed of Trust, among SHAW/PALM DESERT 1, LLC, a California limited liability
company, as Trustor, FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee, and
CALIFORNIA NATIONAL BANK, a national banking association, as Beneficiary, recorded on
MAY 3, 2005, as Instrument No. 2005-0348531 in Official Records of Los Angeles County
California ("Deed of Trust"), expressly subordinates said Deeds of Trust and its beneficial
interest thereunder to the foregoing Declaration of Covenants, Conditions and Restrictions and
Reservation of Easements to which this Subordination is attached, as amended or restated
("Declaration"), and to all easements to be conveyed to the Association in accordance with the
Declaration. By executing this Subordination, the undersigned agrees that should the
undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial
or nonjudicial), deed -in -lieu of foreclosure or any other remedy in or relating to the Deed of
Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall
remain in full force and effect.
Dated: Qc.4 ,6e4r- ( , 2005
SJD130314.00021347896.1110/12/2005
CALIFORNIA NATION BANK,
a national b ass- iat on
By:
-1-
By:
Its: U16 Nest(*Jr
PLANNING COMMISSION RESOLUTION NO. 2463
STATE OF CALIFORNIA
COUNTY OF
) ss
On t' `_! , 200_, before me, ( /' ,L L L /egeLet )
Notary Public in and fot said State, personally appearedand n 7 d
c, [ :
�` %%1 l2.z•�.ty-�r .� , personally to me or proved to me on the
basis of satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
,a
WITNESS my hand and official seal.
(SEAL)
SJD130314.00021347896.11 10/12/2005
Notary Public in and for said State
-2-
PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "A"
MASTER DEVELOPMENT
Parcels 1 through 12, inclusive, of Parcel Map No. 31515, as shown on the Map recorded in
Book Pages — et seq., of Parcel Maps, in the Office of the Riverside County Recorder.
IMP SJD\ 30314.00021347896.11 10/ 12/2005
PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "B"
SITE PLAN
SJD\30314.0002\347896 11 10/12/2005
rY d*^" "'+
PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "C"
SHAW PARCEL
Parcels 10 through 12, inclusive, of Parcel Map No. 31515, as shown on the Map recorded in
Book Pageset seq., of Parcel Maps, in the Office of the Riverside County Recorder.
S113130314 0002/347896.11 10/12/2005
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PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "D"
DEVELOPER PARCEL
Parcels 1 through 9, inclusive, of Parcel Map No. 31515, as shown on the Map recorded in Book
_, Pages et seq., of Parcel Maps, in the Office of the Riverside County Recorder.
SID130314.00021347896.11 10/ 12J2005
I H ANNING COMMISSIONRESOLUTION NO. 2463
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PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "E"
SIGN CRITERIA
SIGNAGE GUIDELINES FOR TIIE VILLAGE AT UNIVERSITY PARK
GENERAL
These guidelines are intended to set standards for each product type in the development and
identify the project specific signs and locations. Each developer should create individual
guidelines that govern the signs in that product type. The product types are Garden Office
Condominium, Retail and Hotel.
GENERAL AND PROJECT SIGNS
The overall project will be allowed monument signs naming the project "THE VILLAGE AT
UNIVERSITY PARK" and directional signs for the convenience of customers the project signs
will be located at the street entrances on Gerald Ford Drive and Cook Street. A feature project
monument sign will be located at the comer of Gerald Ford and Cook Street. Various directional
signs will be allowed in the common area to direct customers to feature areas of the project such
as:
• The Main Plaza
• Individual office buildings
• The Hotel
Traditional traffic signage will be allowed as required by City code and State law.
All exceptions to these guidelines are subject to the approval of Declarant or their respective
architect or successor.
GARDEN OFFICE CONDOMINIUMS
ALLOWABLE SIGN TYPES
• Signs may be backlit or non -illuminated.
• Non -internally illuminated signs must be pin- mounted.
• Lettering shall be selected by each individual owner and shall be subject to the joint
approval of Shaw and Declarant.
• Color will be black.
• Wording of signage is limited to Tenant's trade name. Logos may be included, if they
are specifically included in the Tenant's DBA and approved.
UNACCEPTABLE SIGN TYPES
• Box or cabinet type construction.
• Vacuum fanned luminous letters.
sJD\30314.00021347E96.11 iaiznoos -1-
wig
.r
PLANNING COMMISSION RESOLUTION NO. 2463
• Vinyl letters -except when used to post office hours with letters no larger than 2 inches
`• in letter style Helvetica medium.
• Letters with exposed fastenings and unfinished edges.
• Paper, cardboard, Styrofoam, cloth, and similar stickers or decals.
• Exposed neon.
• Moving or rotating signs.
• Signs employing flashing, flickering, or moving lights of any kind.
• Signs painted directly on the office front sign band.
• Banners, pennants, or temporary signs may not be displayed on the Building, in the
parking area or on vehicles (other than standard delivery vehicle advertising) and
temporary signs may not be placed on the inside surface of any window or hung
closer than ten (10) feet behind the inside window.
UMW
NMI
ACCEPTABLE SIGN LOCATIONS
• One sign or graphic treatment is allowed at each office front elevation, the rear
service door and required postal address signage.
• Occupant identification signs must be centered on the frontage of the individual
building, below the parapet cornice and 2 feet away from the building corners.
SIZE REQUIREMENTS
• Suites or single occupant buildings are permitted 1.5 square feet of sign area per
lineal foot of office front. This area will be measured by circumscribing a rectangle
around the main body of the sign. The sign must be placed centered on the frontage.
• The overall length of the sign must be within 40% of the width of the office front
between neutral piers or no longer than 10 feet or taller than 1.5 feet and 2 feet away
from building corners.
SIGN ILLUMINATION & ELECTRICAL REQUIREMENTS
• All electrical sources must come from within the Tenant's space and be on the
Tenant's meter. Sign contractor is responsible for repair to fascias or bulk -heads.
• No exposed wiring, conduits, tubing, crossovers, or raceways will be permitted.
• All conductors, transformers, cabinets, housings, and other equipment must be
concealed.
• Provide disconnect switch at sign transformer or near electrical junction box.
WEIGHT REQUIREMENTS
• Overall maximum weight allowed to hang from the bracket including attachment to
the bracket and any lighting electrical components is 25 pounds.
SJD\30314 00021347896.11 10/12/2005
-2-
1
PLANNING COMMISSION RESOLUTION NO. 2463
CONSTRUCTION REQUIREMENTS
Materials:
• All fastenings must be a hot -dipped iron stainless steel, aluminum, brass, bronze or
black iron materials.
Fabrication and Installation:
• Manufacturers names, stamps, decals, or V.L. labels must not be visible. Location of
all openings for conduit and sleeves in sight panels of exterior storefront shall be
indicated by the sign contractor on drawings submitted.
• All neon signs must use PK housings.
RETAIL SHOPS
ACCEPTABLE SIGN TYPES
• internally or externally illuminated signs.
• signs with Individual letters.
• Blade signs.
• Creatively stenciled Signage on awnings or canopies.
• Signs on poles.
UNACCEPTABLE SIGN TYPES
• Box or cabinet type construction.
• Vacuum formed luminous letters.
• Vinyl letters, except when used to post office hours with letters no larger than 2
inches in letter style Helvetica medium.
• Letters with exposed fastenings and unfinished edges.
• Paper, cardboard, Styrofoam, cloth, and similar stickers or decals.
• Moving or rotating signs.
• Signs employing flashing, flickering or moving lights of any kind.
• Signs painted directly on the office front sign band.
• Banners, pennants, or temporary signs may not be displayed on the Building, in the
parking area or on vehicles (other than standard delivery vehicle advertising) and
temporary signs may not be placed on the inside surface of any window or hung
closer than ten (10) feet behind the inside window without prior approval of
Landlord.
• roof mounted signs.
• seasonal promotions signing.
SJD130314.00021347896.11 10/12/2005
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PLANNING COMMISSION RESOLUTION NO. 2463
ACCEPTABLE SIGN LOCATIONS
• One sign or graphic treatment is allowed on the store front elevation, the rear
elevations of Cook Street and Gerald Ford, the rear service door and required postal
address sign.
• Blade signs.
• Pole signs.
• Stenciled signs on awnings.
SIZE REQUIREMENTS
• Suites are permitted 1.5 square feet of sign area per lineal foot of store front. This
area will be measured by circumscribing a rectangle around the main body of the
sign. The sign must be placed centered on the frontage.
• The overall length of the sign must be within 60% of the width of the store front
between neutral piers.
• Wording of signage is limited to tenant's trade name and/or logo.
SIGN ILLUMINATION & ELECTRICAL REQUIREMENTS
• All electrical sources must come from within the Tenant's space and be on the
Tenant's meter. Sign contractor is responsible for repair to fascias or bulk -heads.
• No exposed wiring, conduits, tubing, crossovers, or raceways will be permitted.
• All conductors, transformers, cabinets, housings, and other equipment must be
concealed.
• Provide disconnect switch at sign transformer or near electrical junction box.
WEIGHT REQUIREMENTS
• Overall maximum weight allowed to hang from the bracket including attachment to
the bracket and any lighting electrical components is 25 pounds.
CONSTRUCTION REQUIREMENTS
Materials:
• All fastenings must be a hot -dipped iron stainless steel, aluminum, brass, bronze, or
black iron materials.
• All "pegged -out" letters must use threaded rods or anchor bolts sleeved to conceal
fastening. No clips are permitted.
Fabrication and Installation:
• Manufacturers names, stamps, decals, or V.L. labels must not be visible. Location of
all openings for conduit and sleeves in sight panels of exterior storefront shall be
indicated by the sign contractor on drawings submitted.
• All neon signs must use PK housings.
um SJD\30314.0002\347896 11 10/12r2005
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PLANNING COMMISSION RESOLUTION NO. 2463
HOTEL
ACCEPTABLE SIGN TYPES
• internally or externally illuminated.
• Individual letters.
• Hotel brand logos.
UNACCEPTABLE SIGN TYPES
• Box or cabinet type construction.
• Vacuum formed luminous letters.
• Letters with exposed fastenings and unfinished edges.
• Paper, cardboard, Styrofoam, cloth, and similar stickers or decals.
• Moving or rotating signs.
• Signs employing flashing, flickering, or moving lights of any kind.
• Signs painted directly on the office front sign band.
• Banners, pennants, or temporary signs may not be displayed on the Building, in the
parking area or on vehicles (other than standard delivery vehicle advertising) and
temporary signs may not be placed on the inside surface of any window or hung
closer than ten (10) feet behind the inside window without prior approval of
Landlord.
• roof mounted signs.
• seasonal promotional signing.
ACCEPTABLE SIGN LOCATIONS
• One sign or graphic treatment is allowed on the store front elevation, the side
elevations of Cook Street and University Park Drive, and a monument sign at the
intersection of Cook Street and University Park Drive. This sign must include the
name "The Village At University Park" below the name of the hotel brand.
• The sign on the front Fascia shall be centered over the main entrance; signs on other
fascias shall be centered in a designated signage area.
SIZE REQUIREMENTS
• Signage may be as big as 1.5 square feet of sign area per lineal foot of the space the
sign will be placed in. This area will be measured by circumscribing a rectangle
around the main body of the sign. The sign must be placed centered on the frontage.
• Wording of signage is limited to the hotels trade name and/or logo if the logo is a part
of the hotels DBA and approved.
SIGN ILLUMINATION & ELECTRICAL REQUIREMENTS
• All electrical sources must come from within the hotels space and be on the hotels
meter. Sign contractor is responsible for repair to fascias or bulk -heads.
SJD130314 00021347896.11 10/12/2005 -5-
PLANNING COMMISSION RESOLUTION NO. 2463
• No exposed wiring, conduits, tubing, crossovers, or raceways will be permitted.
• All conductors, transformers, cabinets, housings, and other equipment must be
concealed.
• Provide disconnect switch at sign transformer or near electrical junction box.
CONSTRUCTION REQUIREMENTS
Materials:
• All fastenings must be a hot -dipped iron stainless steel, aluminum, brass, bronze or
black iron materials.
• All "pegged -out" letters must use threaded rods or anchor bolts sleeved to conceal
fastening. No clips are permitted.
Fabrication and Installation:
• Manufacturer's names, stamps, decals, or V.L. labels must not be visible. Location of
all openings for conduit and sleeves in sight panels of exterior storefront shall be
indicated by the sign contractor on drawings submitted.
• All neon signs must use PK housings.
w SID130314.0002\347896 1 1 10/12/2005
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PLANNING COMMISSION RESOLUTION NO. 2463
EXHIBIT "F"
COMMON AREA MAINTENANCE ELEMENTS
The retention/detention and storm drain system located on Parcel 2 of Parcel Map No. 31515, as
initially installed by Declarant.
All landscaping on the Developer Parcel, as initially installed in accordance with the landscape
plans approved by the City, provided that the cost to operate, maintain, repair and replace the
landscaping on the Developer Parcel shall be paid solely by the owners of the Developer Parcel
allocated among such owners in proportion to their respective shares of other Maintenance
Expenses.
The fountain installed by Declarant on the Developer Parcel, provided that the cost to operate,
maintain, repair and replace the fountain shall be paid solely by the owners of the Developer
Parcel allocated among such owners in proportion to their respective shares of other
Maintenance Expenses.
SJD130314.00021347896.11 10/12/2005