Original Restrictions recorded February 20, 1962 in Book 6014, page 726, O.R.
Amendments to Restrictions recorded April 18, 1963 in Book 6513, page 731, O.R.
Amendments to Restrictions recorded August 4, 1972 in Book 10259, page 724, O.R.
and February 8, 1974 in Book 11072, pages 1548, 1549, 1550, 1551 and 1552, O.R.

DECLARATION OF COVENANTS. CONDITIONS. AND RESTRICTIONS AS AMENDED

WHEREAS, RESPLAN, INC., a corporation hereinafter called "Declarant", is the owner of Lots 1 to 34 inclusive, of Tract No. 4444, hereinafter sometimes called "Tract", in the City of Newport Beach, County of Orange, State of California, more particularly described as follows:

Lots 1 to 34, inclusive, of Tract No. 4444, as shown on a map recorded in Book 156, page 11-12, of Miscellaneous Maps, Records of Orange County, California: and

WHEREAS, the CITY OF NEWPORT BEACH, hereinafter called "City", is the owner of land adjoining said Lots 1 to 34, inclusive, more particularly described as follows:

A parcel of land described as all those portions of Tustin Avenue, Del Mar Avenue, and all alleys connecting thereto, shown on a map of Tract No. 4444, recorded in Book 156, page 11-12, of Miscellaneous Maps, Records of Orange County, said streets and alleys being deeded in fee to City by deed recorded in Book 6002, page 934 et seq., Official Records of Orange County, California; and

WHEREAS, Declarant and City desire to create covenants, conditions, and restrictions running with the land which shall assure the development of Tract No, 4444 in accordance with the general plan hereinafter described, and shall assure the permanent upkeep and maintenance of the open spaces and recreational areas of Lot 34, and shall assure the payment of all taxes and assessments thereon;

THEREFORE, IT IS DECLARED AS FOLLOWS :

A general plan for the improvement, development, protection and maintenance of Tract is hereby established and, in order to accomplish such improvement and development, to insure such protection and maintenance, to encourage best use and most artistic development and improvement of Tract, to promote the construction and erection of tasteful and attractive homes, to secure and maintain adequate set-back lines and free spaces, and in general adequately to provide for improvements of high type and quality, Declarant does hereby establish and impose upon Lots 1 through 34 of said Tract, provisions, conditions, restrictions, covenants, easements and reservations upon and subject to which each and all Lots in said Tract shall be held, occupied, leased, sold, and / or conveyed by Declarant or Declarant's successors, which said covenants shall run with said Lots 1 through 34 and be binding upon Declarant and its successors and assigns, for the benefit of said Trace and each and every lot and parcel therein, and of each owner of one or more lots or parcels therein, and for the benefit of the land within said Tract and contiguous to said lots, owned by City, and their assigns and successors in interest, and shall insure to and pass with said Tract and each and every lot or parcel therein, and shall apply to and bind the respective successors in interest of Declarant and the owners of each and every lot in said Tract. Said provisions, conditions, restrictions, covenants, easements and reservations now made applicable to said lots are as follows:

ARTICLE 1 : PARTY WALLS

The agreement as to party walls shall be that those occupants having residential properties, who have a common wall adjoining said properties and a common wall dividing the lots upon which said residential homes are constructed, shall equally have the right to the use of such party wall and such party wall shall be considered to adjoin and abut against the surface from the bottom of the foundation over the full length and height of any building so erected for such residential purposes. Such rights of use shall be such as not to interfere with the use and enjoyment of the other owner of such party wall rights and in the event that such party wall is damaged or injured from any cause, other than the act or negligence of either party, the same shall be repaired or rebuilt at their joint expense.

ARTICLE 2 : USES OTHER THAN RESIDENTIAL PROHIBITED

Lots 1 through 33 in Tract shall be used solely for private one-family residences and only one such residence may be constructed on each lot, except that two residences may have a common wall. Lot 34 shall be used for accessory uses.

ARTICLE 3 : ARCHITECTURAL COMMITTEE (As Amended)

Section 1 : Committee. There shall be an Architectural Committee comprised of the Board of Directors of the Association to have the powers, rights and duties as herein set forth. Any action by said Committee shall be taken by a majority thereof, and members of said Committee may act without a formal meeting,

Section 2. Structures. No building shall be erected, placed or altered on any lot until the building plans, specifications and plot plans showing the location, elevation and grade lines of such building have been approved in writing by the Architectural Committee. One set of such plans, specifications and plot plans shall be submitted to the Committee. The Committee, before giving any such approval, may require that said plans, specifications and plot plans shall comply with such requirements as the Committee may, in its absolute discretion, impose as to structural features of said building, the type of building material used or other features or characteristics thereof not otherwise expressly covered by any of the provisions of this instrument, including the location of the building with respect to topography and finished ground elevation. The Committee may also require that the exterior finish and color and the architectural style or character of such building shall be such as in the discretion of the Committee shall be deemed to be suitable in view of the general architectural style and character of structures erected or to be erected upon Tract. Should said Committee fail to approve or disapprove such design and location within thirty (30) days after said plans, specifications and plot plans have been submitted to it, the owner of the lot shall notify Declarant in writing. If, within thirty (30) days after such notice. Declarant shall fail to approve or disapprove said plans and specifications, then such approval shall be deemed to have been waived and the owner of such lot may thereafter erect thereon such structures as these restrictions permit.

Section 3. Encroachment. Eaves of any improvements which may be erected on Lots 1 through 33 inclusive, may encroach onto lot 34, provided, however, that said encroachment shall not exceed a maximum of five (5) feet.

Section 4. Signs. No advertising signs, whether advertising said property for sale or for other purposes, shall be displayed anywhere on said property unless the same shall first have been approved by the Architectural Committee.

Section 5. Non-Responsibility of Committee. Neither the Committee nor any member thereof shall be responsible for structural or other defects of any kind or nature in said plans or specifications erected in accordance therewith.

ARTICLE 4 : TERM

The restrictions, conditions and covenants herein contained shall be binding and in full force and effect until January 1, 2012, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, altered or changed by a written instrument approved by City and duly recorded by the record owners of two-thirds (2/3) of the total lots in tract.

ARTICLE 5 : BREACH

Section 1. Reversion. A breach of any of the provisions, conditions restrictions, covenants, easements or reservations hereby established shall cause the lot upon which such breach occurs to revert to Declarant or its successors in interest as owners of such reversionary rights, which shall have the right to have immediate reentry upon such real property, in the event of any such breach; and as to each lot owner in the said property, the said provisions, conditions, restrictions, covenants, easements or reservations shall be covenants running with the land, and the breach of abated or remedied by appropriate proceedings by the owner of the reversionary rights or by any owner of other lots in Tract, or as hereafter provided in Section 5.

Section 2. Right of Entry. Violation of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall give to Declarant or its successors the right to enter upon the property upon or as to which such violation exists, and to summarily abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof; and Declarant shall not thereby be deemed guilty of any manner of trespass by such entry, abatement or removal.

Section 3. Nuisance. The result of any act or omission, whereby any provision, condition, restriction, covenant, easement or reservation herein contained is violated in whole or in part, is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by Declarant. Such remedy shall be deemed cumulative and not exclusive.

Section 4. Rights of Lien Holder. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and for value on any said lots or improvements thereon, provided, however, that any subsequent owner of said property shall be bound by the said provisions, conditions, restrictions, covenants, easements and reservations whether such owner's title was acquired by foreclosure or at a trustee's sale or otherwise.

Section 5. In the event of a breach of any of the provisions, conditions, restrictions, covenants, easements or reservations hereby established, which is continued for thirty (30) days, the City of Newport Beach as owner of land within the Tract may enforce any and all of the terms and conditions of this Declaration of Covenants, Conditions, and Restrictions if the owners of Lots 1 through 33 shall default in their right to cure such breach for such thirty (30) day period.

ARTICLE 6 : RECREATIONAL AREAS

Section 1. Lot 34 of Tract shall be developed, used and maintained as recreational areas, subject to the following covenants, conditions and reservations :

1. Declarant shall develop Lot 34 in accordance with the plot plan attached hereto, and made a part hereof by reference. Said plot plan is on file in the Planning Department of the City of Newport Beach, and is a condition of approval of this Tract by City.

2. Declarant or its successors and assigns shall construct, provide, and-maintain adequate and permanent accessible automobile storage on Lot 34 for each dwelling unit being constructed on Lots 1 through 33 of Tract No. 4444. Declarant shall develop all driveways, walks, parking areas, and incidentals thereto for the full use and enjoyment of the owners of Lots 1 through 33, who shall have the right of access thereto at all times.

3. Declarant shall develop all recreational facilities and incidentals thereto for the full use and enjoyment of the owners of Lots 1 through 33 and each such lot owner shall have the right to use all of the recreational buildings, pools and parks in common with every other such lot owner.

Section 2. Declarant shall convey an undivided one-thirty third (1/33) interest in Lot 34 of Tract, to the purchaser of each and every one of Lots 1 through 33 of said Tract. Declarant shall grant to each and every such lot owner the exclusive right to the use of a designated garage and parking area together with the non-exclusive right to the use of the driveways, walks, parking areas, recreational buildings, pools and incidentals thereto as set forth on the plot plan attached hereto and made a part hereof by reference. No purchaser or owner of any one of Lots 1 through 33 of Tract shall convey the interest in any such lot without simultaneously conveying the undivided interest owned in Lot 34 of Tract; nor shall any such purchaser or owner convey the undivided interest in Lot 34 separately from the interest in any one or more of Lots 1 through 33 of Tract.

Section 3. Declarant and its successors and assigns, the owners of Lots 1 through 33, shall maintain said Lot 34 in an attractive and safe manner suitable to the full enjoyment of the open spaces, recreation areas, and other improvements on Lot 34 by owners of Lots 1 through 33. A monthly fee shall be assessed against the owners of Lots 1 through 33 to pay for the maintenance, upkeep, taxes, and other assessments against Lot 34.

ARTICLE 7 : ASSOCIATION AGREEMENT

Declarant, its successors and assigns, shall deed, convey, release and / or assign all of the rights, powers and reservations hereinafter set forth in this Article 7, to an association which shall be formed as a non-profit California corporation, hereinafter sometimes referred to as "Association", for the purposes et forth in the Declaration of Covenants, Conditions, and Restrictions. Association, its successors and assigns, shall assume and be bound by all of the obligations hereinafter set forth in this Article 7.

Declarant, its successors and assigns, shall deed, convey, release and / or assign such easements, reservations and licenses as reasonably required by Association in order to carry out the intent and purposes of this Declaration of Covenants, Conditions, and Restrictions.

Section 1. Membership. (As Amended April 9. 1963). Association shall be composed of all of the owners of Lots 1 through 33 of Tract and each such owner shall be required to maintain membership in Association. Ownership of each of the Lots 1 through 33 of Tract shall entitle the owner, or owners, thereof, or any assignee of such owner or owners as provided in any first mortgage or first deed of trust, to one vote at any annual or special meeting of the members of Association. A majority of such votes shall constitute a quorum for the purpose of electing a Board of Directors at any such annual or special meeting.

Section 2. Organization. (As Amended April 20. 1972). The Board of Directors of the initial Association shall be elected by Declarant and shall hold office for one year or until one-half of the Lots in Tract have been sold, at which time a special meeting shall be held for the purpose of electing a new Board of Directors. The Directors shall elect a President, a Vice-President, a Secretary and a Treasurer to hold office for one year or until removed by act of the Board of Directors. New elections shall be held annually at the anniversary date of the first meeting and thereafter at the annual meeting of members of the Association to serve for two years and until their successors are elected.

Section 3. Powers and Duties of Board of Directors.

A. Duties.

(a) To cause to be kept a complete record of all their minutes and acts, and of the proceedings of the members, and present a full statement at the regular annual meeting of the members, showing i-n detail the assets and liabilities of the corporation, and generally the condition of its affairs.

(b) To hold, after due notice, such public meetings as may be necessary or advisable for the modification, amendment or approval of any restriction, condition, covenant, lien or charge proposed to be applied to any property subject to the jurisdiction of this corporation or to any property applying for acceptance thereof.

B. Authority of Board of Directors.

The Board of Directors is authorized to exercise all of the powers necessary to carry on the affairs of the Association, including, but without limitation, the following powers and shall have authority to acquire and pay for, out of the common expense fund, items set forth below:

(a) To call special meetings of the members whenever they deem it necessary; and they shall call a meeting at any time upon the written request of fifteen (15) members of said corporation.

(b) To appoint and remove, at pleasure, all officers, agents, and employees of the corporation, prescribe their duties, fix their compensation, and require from them security for faithful services; and to appoint, remove and fill vacancies in such committees as in its discretion are desirable in carrying out the purposes of this Association.

(c) Except as otherwise herein provided, to conduct, manage, and control the affairs and business of this corporation, and to make rules and regulations not inconsistent with the laws of the State of California, Declaration of Protective Restrictions or the By-Laws, for the guidance of the officers and management of the affairs of the corporation.

(d) To determine, levy, and assess annually and to collect monthly the maintenance charge or assessments and other liens and charges mentioned in Article 2 of the By-Laws of this Corporation, and as authorized by the Declaration of Protective Restrictions herein before mentioned, and all such other charges or fees as it may have power or jurisdiction over and to fix the monthly rate of such maintenance, charge or assessment, within the limit set by said Declaration of Protective Restrictions.

(e) To exercise all of the powers granted this corporation in and pursuant to its Articles of Incorporation and provisions of law.

(f) To exercise all of the powers and rights granted to this corporation in and pursuant to said Declaration of Protective Restrictions above-mentioned, and in accordance therewith, insofar as they relate to Tract 4444.

(g) All utility service, trash service, and maintenance of the common area. The recreational area referred to in the Declaration of Protective Restrictions shall also be known as the common area.

(h) All necessary policies of insurance as the Board of Directors shall determine gives the necessary protection to this Association, the Board of Directors, its individual members, and the members of this Association.

(i) Workmen's compensation insurance to the extent necessary to comply with any applicable laws.

(j) The services of a person or firm to manage its affairs to the extent deemed advisable by the Board of Directors, as well as such other personnel as the Board of Directors shall determine necessary, including legal and accounting services necessary or proper for the operation of the Association, and the enforcement of the Declaration of Protective Restrictions, recorded February 20, 1.962, in Book 6014, Page 726, Official Records of Orange County and any amendments thereto.

(k) Painting, maintenance, repair and all landscaping of the common area, including the painting of the exterior surfaces of each residential unit, and such furnishings and equipment for the common area as the Board of Directors shall have the exclusive right and duty to acquire the same for the common area; provided, however, that the interior surfaces and roof of each residential unit shall be painted, maintained and repaired by the owners thereof, all such painting, maintenance, and repairs, to be at the sole cost and expense of the particular owner.

(1) Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board of Directors is required to secure or pay for pursuant to the terms of this Declaration or by law, or which in its opinion shall be necessary or proper for the operation and protection of the common area or for the enforcement of this Declaration, provided that if any such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments are provided for particular units, the cost thereof shall be assessed especially to the owners of such units.

(m) Maintenance and repair of any residential unit, if such maintenance or repair is reasonably necessary in the discretion of the Board of Directors to protect the common area or preserve the appearance and value of the project, and the owner or owners of said unit have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair delivered by the Board of Directors to said owner or owners, provided that the Board of Directors shall levy a special assessment against the residential unit of such owner or owners for the cost of said maintenance or repair.

The Board of Directors' power hereinabove enumerated shall be limited in that the Board of Directors shall have no authority to acquire and pay for out of the common expense fund capital additions and improvements (other than for purposes 'of replacing portions of the common area) having a cost in excess of $1000.00 except as expressly provided herein.

The following Sections 4, 5, 6, 7, 8, of Article 7 as amended hereinabove, and Articles 7-A, 7-B, 7-C, and 7-D shall be added :

Section 4. Board of Directors Powers. Exclusive. The Board of Directors shall have the exclusive right to contract for all goods, services and insurance, payment for which is to be made from the common expense fund.

Section 5. Limitation of Board of Directors' Liability. The Board of Directors shall not be liable for any failure of water supply or other services to be obtained and paid for by the Board of Directors hereunder, or for injury or damage to person or of property caused by the elements or by another owner or person in the project, or resulting from electricity, water, rain, dust or sand which may leak or flow from outside or from any parts of the buildings, or from any of its pipes, drains, conduits, appliances or equipment, or from any other place unless caused by gross negligence of the Board. No diminution or abatement of common expense assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or improvements to the common area or from any action taken to comply with any law, ordinance or orders of a governmental authority.

Section 6. Failure of Board of Directors to Insist on Strict Performance. No waiver. The failure of the Board of Directors to insist in any one or more instances, upon strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve any notice or to institute any right or option herein contained, or to serve any notice or to institute any action shall not be construed as a waiver or a relinquishment for the future, of such term, covenant, condition or restriction which shall remain in full force and effect. The receipt by the Board of Directors of any assessment from an owner, with knowledge of the breach of any covenant hereof shall not be deemed as a waiver of such breach, and no waiver by the Board of Directors of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board of Directors.

Section 7. Scope and Duration of Conditions. Restrictions and Charges. The restrictions shall run until January 1, 2012, and shall be automatically extended for successive periods of ten (10) years thereafter until modified, altered or changed by a written instrument executed by the record owners of two thirds (2/3) of the total lots contained in Tract. All of the conditions, restrictions, and charges set forth in this Declaration are imposed upon Lot 34 of Tract for the direct benefit of the owners of Lots 1 through 33 of Tract as a part of the general plan of development, improvement, building equipment and maintenance of said property and said conditions, restrictions and charges shall run with the land and continue to be in full force and effect except as hereinafter provided until January 1, 2012, and shall as then in force be continued automatically and without further notice from time to time thereafter for successive periods of ten (10) years each without limitation unless within six (6) months prior to the expiration of any successive ten (10) year period thereafter, a written instrument executed by the then record owners of more than one-half of the lots in Tract then subject to this Declaration shall be placed on record in the Office of the County Recorder of Orange County by the terms of which agreement any of the said conditions, restrictions or charges are changed, modified or extinguished in whole or in part as to all or any part of the property then subject thereto in the manner and to the extent herein provided.

In the event that any such written agreements of change or modification be fully executed and recorded, the original conditions, restrictions and charges as therein modified shall continue in force for successive periods of ten (10) years each unless and until further changed, modified or extinguished in the manner herein provided.

Section 8. Common Expenses : Assessments.

(a) Within thirty (30) days prior to the beginning of each calendar year the Board of Directors shall estimate the net charges to be paid during such year (including a reasonable provision for contingencies and replacements and less any expected income and any surplus from the prior year's fund). Said estimated cash requirement shall be assessed to each owner or owners of each lot of Tract on an equal basis among Lots 1 through 33 for all charges to the common area, and for all charges for painting the exterior of residential units, assessment against each lot 1 through 33 shall be made in the ratio of area of exterior walls of each type of unit. If said sum estimated proves inadequate for any reason, including nonpayment of any owner's assessment, the Board of Directors may at any time levy a further assessment which shall be assessed to the owners in like proportions. Each owner shall be obligated to pay assessments made pursuant to this paragraph to the Board of Directors in equal monthly installments on or before the first day of each month during such year, or in such other reasonable manner as the Board of Directors shall designate.

(b) All funds collected hereunder shall be expended for the purposes designated herein.

(c) The omission by the Board of Directors, before the expiration of any year, to fix the assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of the By-Laws, Declaration of Protective Restrictions, or a release of the owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed. Amendments to this paragraph shall be effective only upon unanimous written consent of the owners and their mortgagees. No owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common area or by abandonment of his unit.

(d) The Board of Directors shall keep detailed, accurate records in chronological order, of the receipts and expenditures affecting the common area, specifying and itemizing the maintenance and repair expenses of the common are and any other expenses incurred. Records and vouchers authorizing the payments involved shall be available for examination by the owner at convenient hours of week days.

ARTICLE 7-A : NONPAYMENT OF ASSESSMENTS

Section 1. Delinquency. Any assessment provided for in the By-Laws or in the Declaration of Protective Restrictions which is not paid when due shall be delinquent. With respect to each assessment not paid within ten (10) days after its due date, the Association may, at its election, require the owner to pay a "late charge" in the sum determined by the Association, but not to exceed ten (10) per cent of each delinquent assessment. If any such assessment is not paid within thirty (30) days after the delinquency date, the assessment shall then bear interest at the then legal rate and the Association may at its option bring an action at law against the owner personally obligated to pay the same, or, upon compliance with the notice provision set forth in Section 2 hereof, to foreclose the lien against the lot, and there shall be added to the amount of such assessment, the cost of preparing and filing the Claim of Lien and, in the event a judgment is obtained, such judgment shall include interest, a reasonable attorney's fees, in addition to the delinquent payments will pay all court costs incurred in addition to the amount of the delinquency, and attorney's fees as provided above.

Section 2. Notice of Lien. No action shall be brought to foreclose said assessment lien or to proceed under the power of sale herein provided less than thirty (30) days after the date of notice of claim of lien is deposited in the United States mail, certified or registered, postage prepaid, to the owner of said lot, and a copy thereof is recorded by the Association in the office of the County Recorder in which the properties are located.

Section 3. Foreclosure Sale. Any such sale provided for above is to be conducted in accordance with the provisions of Sections 2924, 2924b, and 2924c of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law. The Association, through its duly authorized agents, shall have the power to bid on the lot at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same.

Section 4. Curing the Default. Upon the timely curing of any default for which a notice of claim of lien was filed by the Association, the officers of the Association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting owner of a fee, to be determined by the Association, but not to exceed $15.00, to cover the cost of preparing and filing or recording such release, together with the payment of such other costs, interest or fees as shall have been incurred.

Section 5. Cumulative Remedies. The assessment lien and the rights to foreclose and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above provided.

Section 6. Mortgage Protection Clause. A breach of any of the restrictions, conditions, covenants, liens and charges herein contained shall not defeat nor render invalid the lien of any first deed of trust made in good faith and for value as to said lots or any part thereof, but such restrictions, conditions, covenants, liens and charges shall be binding upon and effecting against any owner thereof whose title thereto is derived through foreclosure, trustee's sale or otherwise.

ARTICLE 7-B : OWNERS' OBLIGATION

Except for those portions which the Board of Directors is required to maintain and repair hereunder (if any), each owner shall at the owners' expense keep the interior of his unit and its equipment in a clean and sanitary condition, and shall do all redecorating and painting which may at any time be necessary to maintain the good appearance and condition of his unit. In addition to decorating and keeping the interior of his unit in good repair, the owner shall be responsible for the maintenance, repair or replacement of any garage hardware or equipment, and of any plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, air-conditioning equipment, dishwashers, disposals, or ranges that may be in, or connect with the unit.

The owner shall also, at the owners' expense, keep the balcony and the interior of the patio and automobile storage area which have been assigned to his unit in a clean and sanitary condition. The Board of Directors shall not be responsible to the owner for loss or damage by theft or otherwise of articles which may be stored by the owner in the balcony, patio, garage, or unit.

The owner shall promptly discharge any lien which may hereafter be filed against his residential unit and shall otherwise abide by the applicable provisions of the California Civil Code.

ARTICLE 7-C : PROHIBITION AGAINST STRUCTURAL CHANGES BY OWNER

The owner shall not, without first obtaining written consent of the Board of Directors, make or permit to be made any structural alteration, improvement or addition in or to his unit or in or to the exterior of the buildings or other common area. The owner shall do no act nor any work that will impair the structural soundness or integrity of the buildings or safety of the property or impair any easement or hereditament without the written consent of all owners. The, owner shall not paint or decorate any portion of the exterior of the buildings or other common area or any portion of the patio fences, storage sheds or garages, without first obtaining written consent of the Board of Directors.

ARTICLE 7-D : ENTRY FOR REPAIRS

The Board of Directors, or its agents may enter any unit when necessary in connection with any maintenance, Landscaping or construction for which the Board of Directors is responsible. Such entry shall be made with as little inconvenience to the owners as practicable, and any damage caused thereby shall be repaired by the Board of Directors out of the common expense fund.

ARTICLE 8 : ASSIGNMENT OF RIGHTS AND POWERS

Any or all of the rights, powers and reservations of Declarant herein contained may be deeded, conveyed and / or assigned to Association or to any other corporation or association which is now organized or may be hereafter organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon such corporation or association evidencing its consent in writing to accept such assignment and assume such duties, it shall to the extent granted to it by such deed, conveyance or assignment, have the same rights and powers and be subject to the same obligations and duties as are given and assumed by Declarant herein, and thereupon Declarant shall be relieved of the performance of any further duty and / or obligation hereunder.

ARTICLE 9 : GRANT DEED

Declarant shall convey title to Lots 1 through 33 substantially as set forth in the grant deed set forth in Exhibit "A" and incorporated herein by reference.

ARTICLE 10 : LIEN

City of Newport Beach as adjoining landowner and in consideration of granting exceptions to zoning and subdivision requirements and thereby authorizing the development may, upon any delinquency in payment of taxes or assessments imposed by law upon Lot 34, which against lots 1 through 33, which assessments shall be a lien upon said lots 1 through 33, and may be enforced by civil action or foreclosure of lien or other remedy.

ARTICLE 11 : ENFORCEMENT

The restrictions, conditions, covenants, and reservations herein set forth are also imposed and made binding upon each and every lot of said Tract No. 4444 for the benefit of said adjacent lands owned by the City and as covenants and conditions running with, but not binding upon, said adjacent lands as a general plan for the development, improvement, use, and occupancy of said entire tract. Said restrictions, conditions, covenants, and reservations may be enforced by said City of Newport Beach and its successors in ownership of said adjacent lands as hereinabove provided. However, City assumes no obligation to enforce any of the covenants, conditions and restrictions contained herein.

All right and remedies contained herein shall be construed to be cumulative and not exclusive, and City, Declarant, and their successors and assigns, shall have the right to pursue any one or all of such remedies, or any other remedy which may be provided by law.

ARTICLE 12 : INVALIDATION

Invalidation of any one or more of these provisions, conditions, restrictions, covenants, easements or reservations by judgment or court order shall in no wise affect any of the other provisions, conditions, restrictions, covenants, easements or reservations which shall remain in full force and effect.

(end of the original CC&Rs, registered in the Orange County Recorder's Offince.)

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RULES AND REGULATIONS
FOUR FOURS ASSOCIATION

March, 1995

For the benefit and protection of all who live in Vista Bahia (Four Fours) the Board of Directors of Four Fours Association has adopted these amended rules and regulations as of March, 1995. Compliance is necessary.

BUILDINGS. Any alteration to the buildings, including additions or deletions, is not allowed without first obtaining written consent from the Board of Directors. See: CC&Rs Article 3, Section 2 and Article 7-C. Architectural forms for such requests are available from the Secretary of the Board of Directors or Perkcam Management.

COMMON GROUND. Common ground is designated as all areas outside of each homeowner's building and patio. The common ground is cared for by the Association and is not to be used by individuals except for the intended purposes. Included as common ground are the garages, the two pools and the two pool houses, the putting green and all other property surrounding the patios and the buildings. For personal gardening on the common ground, please refer to the section, "Gardening - Personal."

SIGNS. No advertising signs, whether advertising for sale or rent, or other purposes shall be displayed unless it complies with city ordinance 20.06.080 and association rules and regulations. Signs cannot exceed 12" x 18" in size, must be displayed on the unit itself, and only one sign per unit is permitted. In some instances, additional signs may be permitted at the discretion of the Board of Directors.

GARAGES. Garages are the property of Four Fours Association and are part of the common ground. Garage doors must be kept closed except for ingress and egress and maintenance in progress. Each owner is assigned one two car garage for use in housing automobiles. Garages should not be convened to another use. This property is zoned for residential use only and garages cannot be used for business purposes. Storage should not prevent the use of garages for automobiles.

PARKING. Parking is not permitted in front of garages, in driveways, or on walks at any time. Blocking these areas creates a fire hazard. Courtesy to neighbors and guests requires thoughtful use of street parking. THE LIMITED GUEST PARKING IS TO BE RESTRICTED TO GUESTS AND SERVICE VEHICLES ONLY. Recreational vehicles are always parked on the street.

GARDENING. Four Fours has gardeners for landscape maintenance who are responsible for the upkeep of the common grounds. All residents are asked to refrain from talking to the gardeners or encroaching on their time in any way. All requests, suggestions, and / or complaints are to be made in writing, addressed to the current Gardening Supervisor or to Perkcam Management Company who will refer them to the Board of Directors.

GARDENING - PERSONAL. Personal gardening on the common ground, including the space in front of each unit, (additions. deletions or changes in planting) is done only with the consent of the Gardening Supervisor or the Board of Directors. Such personal gardening' is the sole responsibility of each resident and is accomplished by individual arrangement and at the individual's expense. Gardeners will not take care of plants put in by individual owners, and will remove if not maintained.

PATIOS. Patios and patio fences are the responsibility of the owners. Patio fences are to be kept in good repair at all times. Inside patio gardening is left to the desires of the owners. Any weeding, trimming, plant removal, etc. done in the patio is the responsibility of the resident and removal of all such debris is to be done by those individuals in a proper manner. Nothing from the patio is to be thrown or left on the common ground. The gardeners are not responsible for the removal of this type of debris.

FENCES. The grape stake fence on the north - easterly side of University Drive - was installed in 1962 when Four Fours was developed. This fence is the property of Four Fours Association which is responsible for its upkeep. Costs to repair any damage to this fence are to be born by the individual causing such damage.

PETS. Newport Beach City Ordinance 7.04.020 requires control of dogs by leash not more than six feet in length on any beach, lawn, sidewalk or street. Pets are to be cared for in a manner that will prevent any nuisance to residents which includes CLEANING UP EXCREMENT. Dogs are not to run loose in the common area.

TRASH COLLECTIONS. Trash is collected on Tuesday mornings. Lids are required on all trash containers. Plastic bags may be used for all trash except food. Containers should be removed from the grounds as soon as emptied and not left out overnight. When a holiday falls on a Monday or Tuesday, trash will be collected on Wednesday of that week.

SWIMMING POOLS. Swimming pools are subject to Government Regulations as well as to Association Rules.

1. Pool gates are to be locked at all times. Each resident has been provided with a key to these to these pools.
2. Only residents and their guests have pool privileges. Children under 14 must be accompanied by an adult.
3. Lower pool is for adult use; children are allowed only the use of the upper pool.
4. No pets are allowed in the pool areas and no large or dangerous equipment is permitted.
5. No glass is to be used in the pool areas. Only plastic containers.
6. Trash cans are provided for litter. Please use them.
7. Personal belongings are to be removed and the areas left clean and orderly after use by residents and guests.
8. Owners and residents are responsible for their guests.
9. Late hour use of pools is done with consideration for others.
10. Climbing over pool fences is prohibited.
11. Noise should be kept to a minimum for the consideration of neighboring residences.

POOL HOUSE AND LAUNDRY ROOM. These are the property of Four Fours Association and are maintained strictly as a convenience. Everyone using these facilities is responsible for their order and cleanliness. They are to be left in good condition after each use. Trash baskets are provided for lint, etc. Four Fours has no regular janitorial service.

SIDEWALKS AND DRIVEWAYS. There are to be no bicycles, big-wheels, skateboards or similar vehicles on the sidewalks or driveways. This is for the protection of the pedestrians, drivers of automobiles and also for the user of such vehicles, as it can be dangerous to all residents.

QUESTIONS OR PROBLEMS. Please contact any member of the Board of Directors with any questions or problems regarding Vista Bahia (Four Fours).


Board of Directors - Four Fours Homeowners Association

(end of the ammended CC&Rs in March 1995. This has not been registered in the Orange County Recorder's Offince.)

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OFFICIAL REGISTRATION OF CC&RS WITH THE COUNTY OF ORANGE

16812

Book 6513, Page 731

RECORDED AT REQUEST OF
RESPLAN, INC.
IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA
9:05 AM, APR. 18, 1963
RUBY McFARLAND, COUNTY RECORDER

RECORDING REQUESTED BY
RESPLAN INC.
WHEN RECORDED, MAIL TO
RESPLAN INC.
428 12ND STREET
NEWPORT BEACH, CALIFORNIA

======================= Space above this line is for recorder's use ====================

AMENDMENTS TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS

WHEREAS, RESPLAN, INC., a corporation hereinafter called "Declarant", has heretofore executed that certain declaration of coven ants, conditions and restrictions dated January 10, 1962, covering Lots 1 - 34. Inclusive, of Tract No.4444 in the City of Newport Beach, County of Orange, State of California, more particularly described as follows:

Lots 1 to 34. inclusive, of Tract No.4444, as shown on a map recorded in Book 156 , page 11 - 12 , of Miscellaneous Maps, Records of Orange County, California;

and

WHEREAS, Declarant desires to amend certain of the covenants, conditions, and restrictions;

THEREFORE, IT IS DECLARED AS FOLLOWS:

ARTICLE 7
ASSOCIATION AGREEMENT

Section 1 shall be deleted and in it's place the following section shall be inserted:

Section 1. Membership. Association shall be composed of all of the owners of Lots 1 through 33 of Tract and each such owner shall be required to retain membership in Association. Ownership of each of the Lot 1 through 33 of Tract shall entitle the owner, or owners, thereof, or any assignee of such owner or owners as provided in any first mortgage or

Book 6513, Page 732

first deed of trust, to one vole at any annual or special meeting of the members of Association. A majority of such votes shall constitute a quorum for the purpose of electing a Board of Directors at any ®such annual or special meeting.
Section 2. Organization. "Paragraph b" shall be deleted and in It's place the following shall be inserted;

Section 2. Organization.

b. To levy assessments for necessary maintenance, upkeep and development of driveway, walks, and all open and recreational areas in Tract and to pay insurance premiums, taxes and assessments. However, the Directors shall at all times establish a monthly assessment in an amount necessary to defray all costs of maintaining driveways, walks, all open and recreational areas and to pay taxes, assessments, insurance and to discharge any and all other liabilities required to be paid by Association. Such monthly assessments shall be a minimum of Fifty Dollars ($50.00) for each two bedroom unit and Sixty Dollars ($60.00) for each three bedroom unit and shall be billed on the tenth day of the month next following. The Board of Directors may, from time to time, establish lower fees provided that such fees are adequate to meet the reasonable requirements of this paragraph b. Any such assessment not paid to Association within ten (10) business days thereafter, shall become a lien on the property on which the assessment was made.

IN WITNESS WHEREOF, we have hereunto subscribed our signatures this 9th day of April, 1963.

RESPLAN, INC.
Don E. Woodward, President (sign)
Herman W. Wilson, Secretary (sign)

 

 

Book 6513, Page 733

STATE OF CALIFORNIA )
COUNTY OF ORANGE )

On this 9th day of April before me, James L. Rubel, Jr., a Notary Public in and for said County and State, personally appeared Don E. Woodward, known to me to be the President, and Herman W. Wilson, known to me to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its By-Law or a resolution of its Board of Directors.

WITNESS my hand and official seal.

James L. Rubel, Jr. (sign)
Notary Public in and for said County and State

APPROVED by the City of Newport Beach pursuant to Resolution No.5760, adopted April 8th, 1963.

CITY OF NEWPORT BEACH

Charles E. Hast (sign)
Mayer

Margery Shinder (sign)
Attest - City Clark

 

(end of Official Registration of CC&Rs)

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PHOTOCOPY OF THE OFFICIAL REGISTRATION OF CC&RS WITH THE COUNTY OF ORANGE

(Book 6513, Pages 731 - 733)

(end of the photocopy of CC&Rs registration)

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THE ORIGINAL SITE MAPE OF THE FOUR FOURS ESTATE

FOUR FOURS ASSOCIATION
Homeowners of Vista Bahia Townhouse Complex Est. Feb. 20, 1962
Regular meetings of the Board of Directors held the second Monday of each month.
The five acre complex at the corner of University Drive and Irvlne Avenue in Newport Beach (92660) includes 34 lots, 33 dwelling units, 1 lot held in common by each unit; the common area includes:two swimming pools, two pool Houses with restrooms and Association storerooms, a laundry facility in the upper pool house, a putting green, shuffleboard area and a badminton court.

(end of the entire CC&Rs document)

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