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Home My WebLink About10 - Land Use Entitlement Applications for the Residences at 4400 Von Karman Project (PA2020-061) - Correspondence - 4320 Von Karman AttorneyPALMIERI HENNESSEY� LEIFER, LLP January 11, 2021 VIA E-MAIL Mayor and Members of the City Council of the City of Newport Beach c/o City Clerk cityclerk@newportbeachca.gov Received After Agenda Printed January 12, 2021 Item No. 10 Michael H. Leifer Direct Dial: (949) 851-7294 E-mail: mleifer@palmierilawgroup.com File No.: - Re: 1/12/2021 Agenda Item No. 10 Objection to 4400 Von Karman Project - Ordinance Nos. 2021-1 and 2021-2: Land Use Entitlement Applications for the Residences at 4400 Von Karman Project (PA2020-061) Dear Honorable Mayor and City Council Members: This office represents Meyer Properties, an owner of the property located at 4320 Von Karman Avenue, Newport Beach and member of Koll Center Newport. Meyer Properties is very concerned about the significant impacts of the proposed Residences at 4400 Von Karman Project—impacts that have not been adequately disclosed or analyzed. This letter is submitted in opposition to the proposed actions being considered by the City Council relating to the proposed Project and the purported environmental review of same. In Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.41h 918, 941, the California Supreme Court found that the City of Newport Beach violated CEQA in its deferral of analysis and mitigation. Apparently, the City staff did not learn its lesson as it is proposing that the City and City Council repeat those same failures. The City of Newport Beach ("City"), if it adopts, would be giving an improper pass to the Project. Staff proposes the City rely on a 15 -year old EIR relating to the City's General Plan and an inadequate Addendum. The 15 -year old EIR relating to the City's General Plan did not analyze the environmental impacts from this specific development. Likewise, the Addendum does not adequately disclose or analyze the environmental impacts of this massive Project. The City's review also fails to implement mitigation measures. There is no Mitigation Monitoring and Reporting Program proposed. There are no tangible mitigation measures imposed. Instead the City improperly defers these critical functions to possible future consideration or implementation. The end result is a massive Project which might be considered at some future timeor might not. The City and applicant are trying to rush this massive project through. Despite the fact that the applicant is seeking to drastically alter the uses in Koll Center Newport, in direct 2 Park Plaza, Suite 550, Irvine, CA 92614-2518 (949) 851-7388 1 www.palmierilawgroup.com PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 2 contravention of the Koll Center Newport CC&Rs, and seeks to change the common area, parking, access and internal circulation, the applicant seeks to obtain City entitlements with little to no communication with Meyer Properties or the other owners in Koll Center Newport. Meyer Properties and the other owners are at ground zero. Little to no outreach has been conducted. The City and applicant have provided little time to review the nearly 200 -page Addendum, appendices to the Addendum, not to mention the old environmental documents. This strategy is designed to deny review, consideration and comment. The Addendum is inadequate. It ignores site specific impacts and then attempts to shield its inadequacy by the improper strategy of suggesting that analysis is deferred until possibly sometime in the future. Analysis deferred is analysis denied. The Addendum's reference to the 15 -year old General Plan program -level EIR, subsequent addendums and other environmental documents is improper under these circumstances. This is an environmental review shell -game. Where is the analysis for this project? "Look back to the 15 -year old EIR or one of the other documents mentioned in passing, it must be there." Or, if it isn't, "It might be looked at in the future." The deficiencies are not minor. Rather, these are analytic deficiencies that prevent the City from acting pursuant to law. Proposed approval would not meet legal standards for approval under CEQA, the Government Code, and the Municipal and Zoning Codes. The reliance on a 15 -year old urogram -level EIR and a deficient Addendum is improper and insufficient. The 2006 EIR was not a project specific EIR. That EIR did not consider the specifics of this large-scale proposed Project. The 2006 Program EIR for the General Plan conceded and required that "If it is determined that an individual project would result in adverse impacts on the environment, a specific Project EIR would then be required." (2006 Program EIR, p. 1-2.) Common sense dictates that a 2006 Program EIR for a City's General Plan does not provide sufficient detail and analysis of this project. The Program EIR was not for this project at this location at this time. It was for "citywide comprehensive update to the land use plan, and goals and policies for General Plan elements." (Addendum p. 3.) The recent Staff Report asserts that because "the proposed project is within the allowable residential land use and density in the General Plan" the Addendum is proper." (Staff Report, p. 12.) Such an assertion is absurd. Under that logic, any project that does not require a General Plan amendment could proceed with an Addendum. Such an absurd result is not logical and not in compliance with CEQA. PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 3 In fact, the City has previously considered residential development projects in this area and has required full environmental review in an EIR. The Uptown Newport Project is right next to the proposed Project site. The City reviewed and certified an EIR for that project that acknowledged that there were significant adverse environmental impacts to be analyzed as a result of the residential development. Around 2011, the City circulated a DEIR for a 260 -unit residential development at this very site—the Koll Center Residences project. While that project was withdrawn, full environmental analysis in an EIR was required and warranted as again there were significant adverse project impacts from that project that required analysis. The Uptown Newport EIR certified by the City and the Koll Center Residences DEIR which was circulated by the City are in the City's possession and are incorporated herein by reference for inclusion in the record on this matter. Those projects were more proximate in time to the 2006 program -level EIR for the General Plan, yet, full environmental analysis was then required and conducted. Here, more than 15 -years later, the applicant is proposing more residential units than the Koll Center Residences project and is skipping specific review. The Addendum makes only passing reference without any further discussion to subsequent Addendums to the 2006 Program EIR and a separate negative declaration relating to the amendment of the housing element. Likewise, the proposed resolutions for adoption by this City Council make reference to those various documents. Even more egregious, the City makes reference to and is purporting to rely on a patchwork of documents. The Addendum claims it is an Addendum to the 2006 General Plan Program EIR. But the Addendum and the proposed resolutions also include references to the City's Housing Element Initial Study/Negative Declaration. The City's reliance on a patchwork of other documents within the past 15 -years is improper. Such a "fragmented presentation is inadequate." (Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.41h 918, 941.) The City has been so informed by the California Supreme Court. The environmental document is supposed to provide all information to the public so that the public can understand the project and the potential impacts. Readers should not be required to review numerous related material not discussed in the environmental document to determine whether analysis has been completed. The data "must be presented in a manner calculated to adequately inform the public and decision makers, who may not be previously familiar with the details of the project." (Ibid., quoting and citing Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Ca1.4th 412, 442.) It did not work before. Yet, the City is committing the same improper act of scattering information in various documents without proper and comprehensive analysis laid out for the public. The PALMIERI HENNESSEY': LEIFER, LLP:,-'.1- Mayor LP - ;,- Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 4 City's approach is, "It's in there somewhere." That is not proper environmental analysis or presentation. The purported environmental document does not comply with CEQA. A Mitigation Monitoring and Reporting Program ("MMRP") is omitted. Before an agency approves a project that requires mitigation measures, the agency must adopt a mitigation monitoring or reporting program. (Pub. Res. Code § 21081.6; CEQA Guidelines § 15097, subd. (a).) The program must be designed to ensure that the mitigation measures imposed on the project are actually implemented and must be adopted in conjunction with the findings required by the CEQA Guidelines. (See CEQA Guidelines §§ 15091.) Mitigation measures are not aspirational—rather, they must be fully enforceable and incorporated into a project. (CEQA Guidelines § 15126.4.) As this City is keenly aware, deferral of consideration and application of mitigation measures to the permitting phase of the project does not comply with CEQA. (Banning Ranch Conservancy v. City of Newport Beach, supra, 2 Cal.4th at p. 939.) The City tried that deferral technique in the Banning Ranch matter and lost. As the Supreme Court found, "Such a delay is inconsistent with CEQA's policy of integrated review." (Ibid., citing Public Resources Code, § 21003 subd. (a) and Citizens for Quality Growth v. City of Mt. Shasta (1988) 198 Ca1.App.3d 433, 243 [lead agency cannot defer, must meet its responsibilities including evaluation of mitigation measures and must take a comprehensive view].) Even after losing in the Banning Ranch litigation, the City seeks to repeat the losing and improper strategy. The 2006 Program-EIR did not identify mitigation measures or include an MMRP. Rather, as recognized in the Addendum, the 2006 Program EIR "relies on General Plan policies adopted in the General Plan to mitigate potential environmental impacts." (Addendum, p. 3.) The City's attempt to rely on General Plan policies as environmental mitigation is ridiculous and does not comply with the MMRP requirements in CEQA. Do the proposed approvals implement mitigation? No. Further, the proposed conditions of approval included with the proposed resolution for the major site development review (Staff Report, Attachment C) do not implement the mitigation discussed in the Addendum. The City's failure to adopt a comprehensive MMRP to potentially take a "we may require mitigation later, maybe" is improper. (See Banning Ranch Conservancy v. City of Newport Beach, supra, 2 Cal.4th at p. 939; Lotus v. Dept. of Transp. (2014) 223 Cal.App.4th 645 [improper to rely on "construction techniques" rather than enforceable mitigation measures to reduce impacts]; Madera Oversight Coalition, Inc. v. County of Madera (2011) 199 Cal.App.41h PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 5 48, 81 [analysis of impacts after environmental review improperly deferred analysis]; Communities for a Better Env't v. City of Richmond (2010) 184 Cal.App.4th 70 [city improperly deferred mitigation measures until after project approval].) It is fundamental. The time to analyze and provide the public with information is now not some later "maybe" date. Prior to approval is the time for public notice, critical review and comment. Significant environmental impacts have not been analyzed. Without analysis, they are not required to be mitigated. The Addendum does not consider, analyze or mitigate significant environmental impacts caused by this proposed Project. Yet, the City -approved and certified Uptown Newport EIR identified many potentially significant environmental impacts. It proposed and imposed mitigation measures. The City -circulated DEIR for the less dense, Koll Center Residences Project within the same Koll Center Newport business park also identified significant impacts. Even though those prior EIRs failed to consider some significant impacts, they demonstrate that there are significant impacts to be analyzed in this area, at this time, for this project. They demonstrate and establish that there are specific and enforceable mitigation measures that must be implemented. They demonstrate the woeful inadequacy of the proposed Addendum. The proposed Project will have a significant impact on air quality. The Addendum does not adequately analyze or mitigate such impacts. The Addendum does not adequately analyze the impacts on air quality, particularly relating to air quality during the construction of the massive proposed Project. The Addendum summarizes various "modeling" which was based on numerous assumptions and credits. For example, the Addendum references SCAQMD Rule 403 to reduce fugitive dust during construction—by maintaining equipment, replacing ground cover in disturbed areas, watering exposed surfaces, etc. However, none of those requirements include enforceable mitigation measure imposed on the Project. Uptown Newport EIR Certified by City: Admits potentially significant impact from "short-term construction emissions ... would result in NOx emissions that exceed South Coast Air Quality Management District's regional significance thresholds and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin." The EIR included three detailed mitigation measures requiring the construction contractor to implement certain measures during construction and prior to issuance of grading permits. Those mitigation measures included compliance with SCAQMD Rule 403. Even with such specific mitigation, PALMIERI HENNESSEY': LEIFER, LLP:,-'.1- Mayor LP - ;,- Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 6 the EIR found that after mitigation the impacts were still significant and unavoidable. (See Uptown Newport EIR, p. 1-13.) Koll Center Residences DEIR Circulated by City: Likewise acknowledged that construction of the project "exceeds NOx thresholds. Therefore, Project construction would potentially result in an increase in the frequency or severity of existing air quality violations" and the project would "potentially conflict with the AQMP." (Koll DEIR, p. 1-10 to 1-11.) In direct contradiction of the Addendum which concludes that the project would be consistent with the 2016 AQMP, the Koll DEIR found "the Project would not be consistent with the 2016 AQMP . . . Therefore, the Project's contribution to regional pollutant concentrations would be cumulatively considerable." (Koll DEIR, p. 1-11.) The Koll DEIR proposes numerous mitigation measures and determines that even after mitigation, the impacts were still significant and unavoidable. The Addendum's conclusion that there are no significant impacts is frankly bogus. Unlike the Uptown Newport and Koll EIRs, there is no MMRP to monitor and enforce mitigation of these significant impacts. The current "conditions of approval" being considered by the City do not mitigate these impacts. The Hazards and Hazardous Materials analysis is inadequate. It fails to adequately consider the ongoing contamination and hazards on nearby property. The 2006 Program EIR asserted that the implementation of the General Plan would have a "less than significant impact" as it relates to hazards to the public or environment through routine transport, use, or disposal of hazardous materials or through the upset and accident conditions involving the release of hazardous materials into the environment. The Addendum concludes that the project has no impact or substantial change from prior analysis. The Addendum, however, ignores or minimizes the potential hazard from exposure to contaminated soil or groundwater. The has been and continues to be significant contamination at and around the proposed Project site. The analysis conducted in the Addendum is insufficient and fails to adequately analyze the potential significant impacts caused by the Project's excavation, construction and residential use. (See Attachment 1, NOREAS letter.) The inadequate analysis lacks clarity of subterranean contamination. In some areas, it claims review was undertaken without information of where that investigation was conducted. The information provided in the Addendum is inadequate and further information is needed to properly assess and consider the significant impacts. (Ibid.) Additional investigation is warranted and required. The City considered the Koll DEIR for this very same property. That study found that the residential development "could potentially create a hazard to the public or the environment through exposure to contaminated soil or groundwater during construction." The Koll DEIR concluded the impact is potentially significant. Specific mitigation measures were to be imposed PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 7 on the development. (Koll DEIR, p. 1-22.) Those mitigation measures required the applicant prepare a soil management plan for all excavation prior to the issuance of building, grading and demolition permits among other requirements. Nevertheless, the City is not imposing any such similar mitigation measures here. Further, consideration and analysis of the potential significant impacts caused by imposition of such mitigation measures is also absent. For example, as discussed in the attached NOREAS letter, removal of groundwater for dewatering purposes may cause a drop in groundwater level which can cause potentially significant settling of nearby buildings. None of those impacts have been considered or analyzed. The inadequate analysis and lack of mitigation is improper. Further analysis and enforceable mitigation is required. The Geology and Soils analysis is inadequate. It even contradicts the analysis conducted for this very_property in the Koll Center Residences DEIR circulated by the City. The Addendum ignores serious geotechnical problems. The geotechnical report submitted likewise ignores those problems. The Addendum asserts that groundwater is at a historical high of 10 - feet. The project proposes two -levels of subterranean parking intruding into the groundwater. That would require either de -watering or special construction techniques to seal the parking, or a combination of both. Does the Addendum impose any special mitigation measures for the effect of the groundwater level? No. The Addendum asserts that the "project site is not located within the areas susceptible to liquefaction and related ground failure." (Addendum, p. 70.) Same area, opposite conclusion with The Koll Center Residences DEIR: "The site is in a seismically active area and considered susceptible to limited amounts of seismic induced liquefaction." The Koll DEIR concluded that the impacts were potentially significant. The Addendum contradicts, downplays and fails to properly analyze the liquefaction and expansive soils. At the same time, the Addendum recommends over -excavation (although it is not clearly required or an enforceable mitigation measure). No site-specific analysis is included in the Addendum. There is simply no substantial evidence in the record that these aspects of the site are safe for this Project. The Koll DEIR also concluded that there was a potentially significant impact concerning landslide, lateral spreading, subsidence, liquefaction or collapse. (Koll DEIR, p. 1-21.) This presentation contradicts. The Addendum relies on "typical construction methods" whereas the Koll DEIR required submittal of site-specific, design -level geotechnical investigation be submitted. (Cf. Addendum, PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 8 p. 70 to Koll DEIR, p. 1-19 to 1-20.) Further, any requirements deferring geotechnical study improperly defers analysis and mitigation. The Addendum has not analyzed and mitigated the noise impacts caused by the Project. The Addendum has not adequately considered the noise impacts both from construction and on the completed project. Again, the Addendum has not proposed specific mitigation measures to handle the potentially significant impacts caused. Uptown Newport EIR Certified by City: The Uptown Newport EIR required and imposed many important specific mitigation measures to mitigate noise impacts. It included parking lot texturization, preparation of detailed acoustical studies, implementation of noise barriers, implementation of vibration control programs, limitations on use of heavy construction equipment, limits to pile driving, proper maintenance of construction equipment, etc. Koll Center Residences DEIR Circulated by City: Again, the Koll DEIR implemented specific mitigation measures. It required "temporary noise barriers for all grading, hauling and other heavy equipment operations" that would occur within 300 feet of sensitive receptors and occur for more than 20 working days, evidence of proper maintenance of construction vehicles and equipment, notification requirements for all businesses within 500 feet of the project site at least 30 -days prior to start of any ground disturbing or other noise generating activities, detailed acoustical studies required, etc. Here, the Addendum ignores specific mitigation. Unlike the Koll DEIR, absolutely no consideration has been provided that this massive development is proposed to be constructed just a few feet away from business operating within the Koll Center Newport business park. There has been no analysis of the noise impacts caused by turning a current internal drive -aisle into a through street. Further, the assertion that the project is outside of the 65 dBA CNEL noise contour is not supported by evidence. Meyer Properties is informed that there are no monitors on the east -side of John Wayne Airport. Meyer Properties also incorporated by reference the objection letter by Southern California Pilots Association. The Addendum does not adequately analyze land use impacts. The Addendum's "analysis" of land use impacts is deficient and incomplete. The Addendum asserts that the project would not physically divide an established community. It does just that. The Project alters the interior circulation and synergy of the Koll Center Newport business park. It proposes a throughway straight street (without any gates) from Birch to Von Karman bisecting the Koll Center Newport business park. The residential building proposed is a visual barrier and separation in this community. Even a quick look at the site plan is enough to show a physical PALMIERI HENNESSEY': LEIFER, LLP:,-'.1- Mayor LP - ;,- Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 9 division in an established community. The physical division of the community fails to provide integration as required by the General Plan. The Addendum discusses the consistency with the General Plan and other land use plans and acknowledges that the project requires an amendment to the Koll Center Newport Planned Community (PC -15 Koll Center) to allow for the residential use. The Planned Community Standards currently limit the uses of the Project site to professional and business offices. It permits professional and business offices, hotels and motels, retail, restaurants and entertainment, a courthouse, private clubs, and auto detailing and service stations. Omitted from that is residential uses. The Addendum also ignores and omits discussion of the applicable CC&Rs for Koll Center Newport which are consistent with the current PC -15 designation of professional and business offices. The Addendum has not analyzed the impacts of the project and the amendment of the PC -15 designation to provide a residential overlay on the CC&Rs. The analysis and consideration is inadequate. The Addendum asserts that the project would "integrate residential uses into the Koll Center Newport." The proposed Project not only fails to integrate the proposed residential into the community, it does precisely the opposite. Physical division, visual blocking and gobbling parking and other resources is not "integration." The traffic analysis is woefully inadequate. The proposed Project is introducing many more trips, is altering the entire interior circulation and parking area of an existing business/office park, yet little to no analysis has been provided in the Addendum. Both during and after construction, the impacts on the surrounding properties within the Koll Center Newport business park is significant. Yet, little analysis was provided and nor has specific mitigation been required. There has been no analysis of the traffic and congestion that will be caused within the Koll Center Newport business park. There has been no analysis of the alteration of internal streets and whether access (emergency or otherwise) will be impeded. The impacts to the internal circulation simply has not been considered. For example, during Phase 2 of construction of the proposed project, it appears that there would be a large parking deficit at Koll Center Newport. Yet, the Addendum does not analyze or provide any mitigation for that impact. There is no discussion or analysis of the integration and assimilation of parking and traffic of this massive project with the existing Koll Center Newport uses. Nor is there a real analysis of how surface parking removed is considered "replaced" by the construction of a PALMIERI HENNESSEY': LEIFER, LLP:,-'.1- Mayor LP - ;,- Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 10 standalone parking structure across the main bisecting road and on the other side of Koll Center Newport. The Addendum does not adequately analyze the recreational impacts by the Project. The Addendum does not adequately analyze the proposed 1.1 acre park that will be offered to the City. The "park" is an odd shape area that does not flow with the rest of the development. The leftover bits and pieces of property after the development of a massive residential tower do not constitute a park. Whatever it is, it also next to the ground floor parking garage. There has been no analysis or mitigation required to provide screening to prevent headlights from disturbing the "park" area. There has also not been adequate consideration of the potential impacts of the "park" area on the neighboring office/business uses. The few temporary parking spaces for the park does not provide true public access. The proposed "park" does not comply with the General Plan requirements. The Addendum does not adequately analyze or mitigate potentially significant impacts to biological resources. The Addendum acknowledges potential impacts to nesting birds, yet consistent with its other failures, no enforceable mitigation is required. Instead, the Addendum mentions some compliance with federal and state regulations. That is inadequate and improper. Uptown Newport EIR Certified by City: Likewise acknowledge the potentially significant impact to nesting by migratory birds. Specific mitigation was required including retention of a biologist to conduct preconstruction surveys and monitoring during breeding season. (Uptown Newport EIR, p. 1-19.) Koll Center Residences DEIR Circulated by City: The Koll DEIR also required specific mitigation by requiring retention of a qualified biologist to conduct monitoring during breeding season. (Koll DEIR, p. 1-16 to 1-17.) While the Addendum includes a discussion of standard conditions that are similar to the mitigation proposed in the Uptown Newport EIR and Koll DEIR, those conditions have not been applied to the current approvals. Again, without implementation of an MMRP now, the City is requiring the public to trust it that such measures will be imposed on some future discretionary approvals. That is improper. The Addendum does not adequately analyze or mitigate cultural and tribal resources. The Addendum acknowledges the potential impacts to archaeological and tribal cultural resources. Yet, the Addendum does not impose mitigation measures to mitigate such impacts. Instead it relies upon future imposition of conditions requiring generally that development PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 11 "protect and preserve" such resources from destruction. That is not specific mitigation of a potentially significant impact. Uptown Newport EIR Certified by City: Acknowledges the potentially significant impact caused due to excavation activities. Specific mitigation was required. Prior to the issuance of grading permits, the project applicant shall demonstrate to the Community Development Department that an Orange County -certified professional archaeologist has been retained to monitor any potential impacts ... throughout the duration of any ground -disturbing activities at the project site." (Uptown Newport EIR, p. 1-19 to 1-20.) Similarly, the mitigation requires demonstration of an Orange County -certified paleontologist to monitor during any ground - disturbing activities. (Uptown Newport EIR, p. 1-20 to 1-21.) Koll Center Residences DEIR Circulated by City: Also required specific mitigation requiring retention of qualified archaeologist and paleontologist prior to issuance of grading permit that would observe grading activities. The "mitigation" proposed in the Addendum is not specific. By comparison, the mitigation proposed simply suggests monitoring "where there is a potential to affect" such resources. It is illusory. And again, the mitigation has not been imposed since there is no MMRP to ensure reporting, compliance and enforcement. There has not been an adequate analysis of Greenhouse Gas impacts: Neither the Project nor the underlying documents comply with the provisions of AB 32, Executive Order No. S-03- 05 and California Air Resources Board regulations ("GHG Mandates") as they have been interpreted by both the California Supreme Court and California Courts of Appeal. See Center for Biological Diversity v. California Department offish and Wildlife (2015) 62 Cal.41h 204; Sierra Club v. County of San Diego (2014) 231 Cal.AppAth 1152.) It is mandatory for local jurisdictions such as the City of Santa Ana to take affirmative steps to reduce Green House Gases ("GHGs") with feasible mitigation and valid climate action plans which implement statewide policy of minimizing GHG as described in A1332. This Project, the 2006 Program EIR and the Addendum fail to do that. Meyer Properties Obiects to the City Council's adoption of the proposed ordinance amending Planned Community Development Plan # 15 for Koll Center Newport Planned Community. As discussed above, the site for the proposed Project is within Koll Center Newport and is subject to CC&Rs. The CC&Rs do not permit residential development. The proposed Project proposes to convert common area and common parking areas to residential use in violation of the PALMIERI HENNESSEY': LEIFER, LLP,-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 12 other owner's rights over that area. Meyer Properties believes that the City and applicant are working in concert to amend the Planned Community Development as an end -around to changing the CC&Rs. This action is improper and interferes with Meyer Properties (and the other owner's) contractual and property rights under the CC&Rs. The City Council should not adopt the Ordinance to amend the Planned Community Development Plan. Meyer Properties Objects to the City Council's adoption of the proposed resolution approving the Major Site Development Review No. SD2020-006, among other thins. The City Council cannot make the findings necessary to approve the proposed resolution. As discussed above, the proposed amendment to Planned Community Development Plan #15 is improper and should not be adopted. Thus, the City Council cannot find that the proposed development is consistent with the subject zoning. Further, the development is not in compliance with "other applicable criteria and policies related to the use or structure" as it violates the CC&Rs. The City Council cannot make the required findings that the proposed development is in compliance with the criteria identified in Section 20.52.080. The City Council must make findings that the development provides the efficient arrangement of structures on the site and the harmonious relationship of the structures to one another and to other adjacent developments and is compatible in terms of bulk, scale and aesthetic. The City Council cannot make those findings here. The proposed residential structure is proposed smack dab in the middle of this established officeibusiness park. It diagonally bisects the Koll Center Newport business park. It is a long, massive structure with no breaks which is not in keeping with the existing development. The size, scale and massing of the building is not compatible (not to mention the use as discussed above). Based on its use, size, scale and building mass, the proposed Project is clearly inconsistent and incompatible with what is a very long history of buildings within the Koll Center Newport business community. In fact, it is so inconsistent that the City never anticipated residential use in this area and, accordingly, did not require its school system to serve this area. Likewise, the City Council cannot make the required finding that the proposed development provides adequacy, efficiency and safety of pedestrian and vehicular access and parking. As discussed above, the "analysis" provided is woefully deficient. There has been essentially no analysis of the internal circulation and access changes proposed by the project. The project cannot promote "adequacy, efficiency and safety" when it "replaces" the surface parking removed by the residential tower with a functionally off-site proposed parking structure on the other side of the Koll Center Newport business park. The surface parking serving the office buildings on the northwest side of Koll Center Newport will be eliminated due to the proposed Project. The "replacement parking" is proposed across the new main "internal street" PALMIERI HENNESSEY': LEIFER, LLP:,-'.1- Mayor LP - ;,- Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 13 that will now bisect Koll Center Newport, through office buildings and to the southeast side of Koll Center Newport. The City cannot support and make the requisite findings. The City Council should not adopt the proposed resolution. Meyer Properties obiects to the Ordinance to approve the proposed Development Agreement. Little information or discussion is provided concerning the proposed Development Agreement. Instead, the public is basically left to read the 35 -page legalese proposed Development Agreement and figure out purpose, interpretation and reasons for the agreement. From the murky information provided, this sure appears to be an $8 million "gift" from the developer to the City in exchange for the City to look the other way and approve a deficient project. Meyer Properties also objects to the proposed resolutions and ordinances considered by the City Council based on the Political Reform Act and related common law principles prohibiting bias and conflicts of interest. For example, the Political Reform Act prohibits/restricts public officials from acting based upon bias and conflicts of interest. According to the vague Staff Report, the project purports to benefit the City and the entire airport area in particular. Any council member who knows or has reason to know that they have or may have a financial interest in the area purportedly benefitted by this project must abstain from participating in making or in any way using his/her official position to influence the making of a public decision. Due to the scope and nature of the Project, it is believed that some Planning Commissioners and Council members do, or are likely to have, financial interests in the making of this decision. Meyer Properties' comments are timely submitted. Lest the claim be made that our comments are somehow untimely, the following quote from Bakersfield Citizens for Local Control v. City of Bakersfield (2004) 124 Cal.App.41h 1184, 1201, amply rebuts this claim: City appears to have thought that the public's role in the environmental review process ends when the public comment period expires. Apparently, it did not realize that if a public hearing is conducted on project approval, then new environmental objections could be made until close of this hearing (§ 21177, subd. (b); Guidelines, § 15202, subd. (b); Hillside, supra, 83Cal.App.4`h at p. 1263.) If the decisionmaking body elects to PALMIERI HENNESSEY': LEIFER, LLP'-'. Mayor and Members of the City Council of the City of Newport Beach January 11, 2021 Page 14 certify the EIR without considering comments made at this public hearing, it does so at its own risk. If a CEQA action is subsequently brought, the EIR may be found to be deficient on grounds that were raised at any point prior to close of the hearing on project approval. Conclusion. Based on the foregoing and incorporating any and all objections and comments to this Project made by others during the environmental process, Meyer Properties requests that the City Council deny certification of the Addendum, not approve the various Project approvals before it and instead direct Staff and the Applicant to conduct a further analysis and full EIR concerning the impacts from this Project. Alternatively, and at a minimum, the City Council should delay consideration of certification and the Project approvals for at least 75 days to allow Meyer Properties and other interested individuals and entities to properly review the massive amount of project -related documents that the City and applicant are relying upon. Very truly yours, i a e Enclosures Attachment 1 — January 11, 2021 letter from NOREAS, Inc. Attachment 2 — Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, recorded July 20, 1973 Attachment 3 — First Amendment to Declaration of Covenants, Conditions and Restrictions Koll Center Newport, recorded January 30, 1974 Attachment 4 — Second Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, recorded January 15, 1975 Attachment 5 — Third Amendment to Declaration of Covenants, Conditions and Restrictions Koll Center Newport, recorded August 26, 1996 Attachment 6 — Fourth Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, recorded June 13, 1997 cc: Rosalinh Ung, Principal Planner - rung@newportbeachca.gov ATTACHMENT 1 N REAS Environmental Engineering and Science January 11, 2021 Michael Leifer, Esq Palmieri, Hennessey, and Leifer, LLP 2 Park Plaza, Suite 550 Irvine, CA 92614 RE: Limited Environmental Assessment Lots 1, 3 and 5 (parking lots associated with buildings at 4440 Von Karman Avenue and 4910 and 5000 Birch Street) Newport Beach, California 92660 Dear Mr. Leifer: INTRODUCTION Per a request form the Law firm of Palmieri, Hennessey, and Leifer, LLP (PHL), NOREAS, Inc. (KOREAS) reviewed several existing documents regarding environmental conditions in the vicinity of Lots 1, 3 and 5 (parking lots associated with buildings at 4440 Von Karman Avenue and 4910 and 5000 Birch Street) at Koll Center Newport in the City of Newport Beach, Orange County, California 92660 (see Figures 1 and 2 in Attachment A). It is NOREAS's understanding that there are plans to develop Lots 1 and 3 into a residential building with associated subterranean parking and Lot 5 into a parking structure. However, NOREAS is not aware of the design details and the planned vertical depth of the subterranean parking structure below ground surface. To assess the potential environmental conditions in at Lots 1, 3, and 5, NOREAS reviewed the following documents: Environmental Management Strategies, Inc. (EMS), 2020. Phase I Environmental Site Assessment, Lots 1, 3, and 5 at Koll Center Newport (4440 Von Karman Avenue, and 4910 and 5000 Birch Street), Newport Beach, CA 92660. June. JHA Environmental, inc. (JHA), 2019. 2019 Annual Site -Wide and Third Quarter 2019 WDR, Groundwater Monitoring and Sampling Report, Former Conexant Systems, Inc. 4311 Jamboree Road, Newport Beach, California. November. Geosyntec Consultants (Geosyntec), 2020. Work Plan for Supplemental Groundwater Well Installation, Former Conexant Systems, Inc., 4311 Jamboree Road, Newport Beach, California. March 17. The results of NOREAS's assessments are summarized in the following sections. NOREAS, Inc. 16361 Scientific Way, Irvine, CA 92618• Phone: 949.467-9100 Mr. Leifer Lots 1, 3 and 5 January 11, 2021 ASSESSMENT RESULTS Based on the review of the Environmental Site Assessment (ESA) Report, prepared by EMS (2020), several known or suspected sources of soil and groundwater contamination have been identified in the vicinity of Lots 1, 3, and 5, as follows: • A significant release of chlorinated solvents has been reported at the former Conexant Systems, Inc. (Former Rockwell Semi -Conductor Division) Facility located to the south- southeast of Lots 1, 3, and 5 (EMS, 2020, and JHA, 2019). • A Leaking Underground Storage Tank (LUST) case for the 4910 Birch Street parking lot located adjacent and to the northwest of Lot 1 (EMS, 2020). • Presence of an Underground Storage Tank (UST) at 5000 Birch Street, located between Lots 1 and 3 and Lot 5 (EMS, 2020). • Presence of Dry Cleaning sites in the general vicinity (EMS, 2020). A summary of the environmental conditions at the above-mentioned sites are presented below. Summary of Environmental Conditions at Former Conexant Site (4311 Jamboree Road) The former Conexant Systems, Inc. (Conexant) (Former Rockwell Semi -Conductor Division also listed as Rockwell International Corp) Facility is located to the south-southeast of Lots 5, 1 and 3. The Facility's operations at the approximately 25 -acre Site included the manufacture of semiconductor electronic components, and included the use of solvents that contained volatile organic compounds (VOCs), primarily tetrachloroethylene (PCE), trichloroethylene (TCE), acetone, and 1,4 -dioxane. A significant release of chlorinated solvents was initially discovered in soil in January 1984 (JHA, 2019). The Site has gone through numerous rounds of investigation and remediation activities since 1984 under the oversight form the Regional Water Quality Control Board (RWQCB)-Santa Ana Region. The latest work plan submitted to the RWQCB was dated March 17, 2020, indicating that investigation and remediation is still continuing at the Site. Historically, ten (10) former waste solvent and fuel underground storage tanks (USTs) were located at the former Conexant Site (see Figure 3 in Attachment B). The suspected source of release was two former solvent tanks located northwest of the Site, south-southeast of Lot 5. The highest VOC concentrations were detected in soil borings adjacent to the solvent tanks and the highest concentrations of VOCs in soil vapor (also referred to as soil gas) were identified north of the solvent tanks, including at location on Lot 5. A pilot soil vapor extraction (SVE) system was installed in October 1984 and operated for approximately two years. Additional soil and soil vapor investigations were performed at the former Conexant Site in 2005 and 2006. The results of the investigations indicated: • VOCs are the primary constituents of concern at the facility. • The "Primary Zone of Residual Impact" of VOCs in soil appears to be the area around former USTs No. 1, No. 2, and No. 3 (see Figure 3 in Attachment B). • The area around former waste solvent UST No. 6 appears to be a potential "Secondary Zone of Residual Impact" of VOCs (see Figure 3 in Attachment B). Page 2 NOREAS, Inc. Mr. Leifer Lots 1, 3 and 5 January 11, 2021 • VOC concentrations in soil vapor were highest in the vicinity of the former USTs No. 1, No. 2, and No. 3. Based on the results of the 2005 and 2006 soil and soil vapor investigations, high -vacuum SVE and dual-phase extraction (DPE1) pilot testing was proposed and completed in 2007. The SVE/DPE pilot testing confirmed the presence of a significant residual contaminant mass within the "Clayey Vadose Zone". A high -vacuum SVE system was installed and began operating at the Site on July 29, 2008. The SVE system was shut down on January 4, 2016, and decommissioned and removed from the site on January 26, 2016. Presence of a significant residual contaminant mass within the "Clayey Vadose Zone) is important. Generally, presence of contaminated clayey soil in vadose zone makes the removal of VOCs difficult by SVE/DPE. As such, it is common that once the SVE/DPE operations cease, concentrations of vapor contaminants slowly rebound back to the initial levels by diffusion from the residual contaminants in clay zone because only a small fraction of the initial contaminant mass has normally been removed. The last soil vapor survey was reportedly conducted in 2006. Therefore, if a new round of soil vapor survey is conducted at the Site, it is probable that significant concentrations of VOCs would be detected in soil vapor samples at various locations, including in some areas of Lot 5, where significant concentration had been detected in 2006. Groundwater monitoring wells were first installed at the former Conexant Site in September 1984 and the groundwater monitoring network kept expanding after that time (JHA, 2019). The subsurface water -bearing zones (aquifers) beneath the Site consist of the Shallow Groundwater Zone (Shallow Zone, approximately 15 to 45 feet below ground surface), Intermediate Groundwater Zone (Intermediate Zone, approximately 65 to 100 feet below ground surface), and Lower Groundwater Zone (Lower Zone, approximately 140 to 255 feet below ground surface) separated by clay and silty clay layers (referred to as aquitards). Groundwater in both the Shallow Zone and the Intermediate Zone has been impacted by VOCs, which were subjected to the groundwater remediation from 1986 to 2016. An enhanced in-situ bioremediation (EISB) pilot test is currently being conducted, including specific Monitoring and Reporting Program (MRP) at target groundwater wells within the Shallow and Intermediate Zones. As such, remediation of groundwater at the former Conexant Site is still continuing. Summary of Environmental Conditions At 4910 Birch Street According to EMS (2020), a Leaking Underground Storage Tank (LUST) case has been reported for the 4910 Birch Street parking lot located adjacent and to the northwest of Lot 1. This LUST case was related to a UST spill discovered during the closure of a 12,000 -gallon gasoline storage tank on the property in October 1993. It appears remediation was performed on the property consisting of excavation and disposal of contaminated soil and installation of a dual phase vapor extraction (DPVE) system to treat soil and groundwater. The status of the property is currently listed as "Completed — Case Closed" as of March 4, 2002. The case summary available on the ' DPE refers to application of vacuum to extract both soil vapor and groundwater for treatment. Page 3 NOREAS, Inc. Mr. Leifer Lots 1, 3 and 5 January 11, 2021 GeoTracker website stated that the DPVE system was installed in January 1999 and operated until target cleanup levels were met in February 2001. A health risk assessment was performed and an excess cancer risk above 1x10-6 was not posed to the occupants of the property's buildings. No further action was recommended. Considering that the current regulations regarding the potential impact of chemicals in subsurface environment, including soil vapor and groundwater are much more stringent than when the closure was granted in early 2001, additional soil gas and groundwater investigations would be warranted to make sure that unacceptable residual contamination is not present at 4910 Birch Street, as well as in the areas of Lots 1, 3, and 5. Summary of Environmental Conditions at other Properties in General Vicinity The Site address of 5000 Birch Street was identified on the CA UST database. However, no additional information is provided for the listing of 5000 Birch Street listing on the CA UST database. EMS (2020) identified three dry cleaning facilities listed as Emerald Cleaners and Green Hangar Cleaners at 4341 MacArthur Boulevard, The Duke Hotel at 4500 MacArthur Boulevard and MacArthur Square Cleaners, Bart Patel at 1701 Corinthian Way adjacent and to the northwest of the Site (Lots 1 and 3). The dry-cleaning facilities at 4341 MacArthur Boulevard and 1701 Corinthian Way reportedly used tetrachloroethylene (PCE) dry-cleaning equipment according to information available from the database included as part of the ESA Report. The ESA (EMS, 2020) included information on a subsurface investigation that was reportedly performed by RM Environmental on February 3, 2015. This investigation included installation of six soil borings to approximately 17 to 30 feet below grade surface (bgs) on Lots 1 and 3. However, neither the purpose of the investigation, nor the locations of these borings were specified in the EMS (2020) Report. NOREAS did not have an access to the February 3, 2015 RM Environmental Report for an independent review. The ESA reported that groundwater was encountered at a depth of approximately 22 feet bgs. Four soil and four groundwater samples were analyzed for Total Petroleum Hydrocarbons as gasoline (TPH-g), VOCs and fuel oxygenates. All soil and groundwater results were below laboratory detection levels. Temporary vapor probes were set at 15 feet bgs in all borings installed. Soil gas samples were collected from each temporary vapor probe and analyzed for VOCs and fuel oxygenates. Soil gas samples were compared to San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) Environmental Screening Levels (ESLs) and Department of Toxic Substances Control (DTSC) California Human Health Screening Levels (CHHSLs) for a residential land use. None of the VOCs analyzed for were detected above ESL or CHHSLs screening levels. It is important that NOREAS be given access to the February 3, 2015 RM Environmental report for an independent review of the results. Page 4 NOREAS, Inc. Mr. Leifer Lots 1, 3 and 5 January 11, 2021 SUMMARY AND CONCLUSIONS Several properties with potential contamination or significant soil, soil vapor, and groundwater contamination have been identified adjacent and or in the vicinity of Lots 1, 3, and 5. Specifically, the reported level of VOC contamination in soil, soil vapor, and groundwater has been significant in the nearby former Conexant Site, which had apparently resulted in presence of soil vapor contamination in Lot 5. Although several rounds of soil vapor and groundwater remediation have been conducted at the former Conexant Site, the SVE/DPE was shut down in 2016. JHA (2019) reported presence of a significant residual contaminant mass within the "Clayey Vadose Zone". Presence of contaminated clayey soil in vadose zone makes the removal of VOCs via vapor extraction (SVE and DPE) difficult. Therefore, it is common that once the SVE/DPE operations cease, contaminant vapor concentrations build slowly back up to the initial conditions by diffusion from the residual contamination in clay because only a small fraction of the initial contaminant mass is normally removed by SVE/DPE. The last soil vapor survey at the former Conexant Site was reportedly conducted in 2006. Therefore, if a new round of soil vapor survey is conducted at the former Conexant Site, it is probable that significant concentrations of VOCs will be detected in soil vapor at various locations, including in some areas of Lot 5, where significant VOC concentrations in soil vapor had been detected in 2005-2006. As noted in the JHA Report (2019), the groundwater at the former Conexant Site is still contaminated (see Figures 6, 7, 9, and 10 in Appendix B). As mentioned previously, it is NOREAS's understanding that there are plans to develop Lots 1 and 3 into a residential building with associated subterranean parking and Lot 5 into a parking structure. However, NOREAS is not aware of the design details and the planned vertical depth of the subterranean parking structure below ground surface. If the depth of the subterranean parking is extended below the existing groundwater level, then a dewatering system may become necessary. In such case, the groundwater will likely need to be removed (pumped) and treated prior to discharge. As such, the removal of groundwater for dewatering purposes may cause a drop in groundwater level in the area of the removal and causing the existing contaminated groundwater from the former Conexant Site to move towards Lots 1, 3, and 5. This potential issue needs to be considered as part of the development plans. NOREAS appreciates the opportunity to be of assistance. Please do not hesitate to contact me at 949-294-5419 (mobile phone) if you have any questions or require further assistance. Sincerely, NOREAS, Inc. E. Essi Esmaili, PhD, PG Vice President Enclosures: Attachment A Attachment B Page 5 NOREAS, Inc. ATTACHMENT A - FIGURES FROM EMS, 2020 v rl s Sunfl om4r AVE! :may v C y 8akin St aIA6, 3 41 n 7� u •J EI L _ u I TWA r ter• Ll n 1 A 'i o Source: Jcahr v,-1�n-cL SITE Irl 1 TI S pr.Ig Guru Club q_11 Tj 90 10 NOT TO SCALE EMS542 'roject Manager Drafter AS AF Date 05/28/2020 IL -t r 46 IL SITE LOCATION MAP Lots 1, 3 and 5 Koll Center Newport Newport Beach, Ca Phase I Environmental Site Assessment Figure ENVIRONMENTAL MANAGEMENT STRATEGIES, INC. FinanaallyBa59 Environmental Solutions 1 1� ATTACHMENT B - FIGURES FROM JHA REPORT, 2019 o. j� LAKE 00 E SITE / BOUNDRV O0 gf ° O U / o 0°D®o<> C�w9 Wx�w� a w � � �GT. w00.l e • O ° O�dz F o . lop PRIM ARV ZONE OF AS // Q •�� PREH IND IN THE CO ENSIVE SOILIINVESTIGATONR REPORT. (HALEY 8 ALDRICH, JULY 2007) /^ I( O / TOWERJAZZ (FORMER BUILDING �7 503) 1V _o F ^ C GRAPHIC SCALE 1"=75' 0 0 75 150 W c • UST NO. 1 - WASTE SOLVENT. 300 GALLON CARBON STEEL. REMOVED IN 1973. / • UST NO. 2 - WASTE SOLVENT. 500 GALLON CARBON STEEL. REMOVED IN 1976. / ° ,° • UST NO. 3 - WASTE SOLVENT. 1,500 GALLON STAINLESS STEEL. REMOVED IN 1985. / ■ UST NO, 4- FUEL, REMOVED IN 1985, > C C • UST NO.5- WASTE SOLVENT. 2,000 GALLON STAINLESS STEEL. REMOVED IN 1985. /�o • UST N0.6 -WASTE SOLVENT. 2,000 GALLON STAINLESS STEEL. REMOVED IN 2005. UPTOWN NEWPORT PHASE 1 USTS NO. 7.10. DIESEL FUEL. TWO 12,000 GALLON AND TWO 20,000 GALLON. ■ // o REMOVED IN 1985. +M-44 Q �l • SHALLOW ZONE MONITOR WELL ti ST • (NOT N SHALLOW ZONE EXTRACTION WELL U)M-41 z I-5 P� O INTERMEDIATE ZONE MONITOR WELL 0 • INTERMEDIATE ZONE EXTRACTION E \ WELL (NOT IN OPERATION) 3 RI -4A O 1-1 C INTERMEDIATE ZONE RECHARGE p U 1 WELL (NOT IN OPERTATION)pq a F x M-29 KIBB-1 DESTROYED WELL W� W A 14 Q I-15 RI -3 0l-8 �r w o M-42 ■ DPE TEST WELL 7 DM M-30 0 SHALLOW ZONE ENHANCED IN-SITU pry W p n BIOREMEDIATION INJECTION WELL EI p'., .--i p. EI -4A SM -25 w 0- > ♦ INTERMEDIATE ZONE ENHANCED IN-SITU, 07 W �I-11 1 1-9 BM 8 EI -4 1-12 BIOREMEDIATION INJECTION WELL A "t Z -I EI - ♦ L-3 I_ -2IT-5 S-1 z ISB- M-43 3 E M 2 0 +M_ 0 c AEISB-1 1.70 AEISB-14 SZO-20 • - 01-1 Jho 6 s SZ �T 1T_3 2 M-34 M-31 M -2 p M_ • IT 6 w FOR ER SI OF M-20 r BUILD! N 02 KS -1 ES -3 N ^ • - TOWERJAZZ IDOL SRI -1 VON K PRM P \ 2 Me (FORMER BUILDING 503) Q 502 ES -46 • -4A -45 E1-3 0 M-47 4 L-2* C) o• ES -5 +M-23 1-2 z 1-20 1_g *ES- • ES- M -3 a z� c 49M -48R M-27+ W B M-24 UPTOWN NEWPORT o 1-4R M -48P PHASE 1 z w 0 o O Q� M-37 �� N H U Q s ♦1.4 O� 5 z z ti� +M-32 w P�0 1 BASE MAP DERNED FROM HALEY & ALDRICH, 2007 ANNUAL GROUNDWATER MONITORING REPORT, JUNE 2007 i GRAPHIC SCALE 1"=200 0 100 200 400 E X P L A N A T I O N LL/ M8 SHALLOW ZONE MONITOR WELL C 'y • SHALLOW ZONE EXTRACTION WELL ES-4B (NOT IN OPERATION) a sT ■ DPE TESTWELL " SZO-2 Q SHALLOW ZONE ENHANCED IN-SITU z EIS,-SIBIOREMEDIATION INJECTION WELL O J. NOT MONITORED ' \ 25.03 GROUNDWATER ELEVATION Q U d d > IN FEET ABOVE MEAN SEA LEVEL (.sl) U DO M ( EVAT ON IN FEET ABOVE MSL23.94 CONTOUR OF EQUAL GROUNDWATER E W Lo W z W d Elm 5 25 NM NOT MONITORED F W W 2 z E" _ 27 I. M-30 2s G4 A U " O F 23.84• z .. &M-25 O W M a v B2 2 E 1w w 39 1 z 29. - 1 T- 22.94 N • Q' A 23 3011 2 .2 26 Oa S_ FORMER SIT F KSS 1 1 2 BUILDING 2 KO-2 cn NtA/� 27.7 T WERJ Z ON KPIR 2 M 94 RIME BUILD G 503 V O 502 • M 47 2 .91 21 z S-5 • S 20. ES 24 u W � 28 2 z a M48RQ 6 G y 24 24 23.41 '? z N w 27.60 5 UPTOWN NEWPORT a o 27 M_37 zs PHASE 1 1� z zuw 26.96 W V zz GRAPHIC SCALE 1"=200 0 100 200 400 BASE MAP DERNED FROM HALEY & AIDRICH, 2007 ANNUAL GROUNDWATER MONRORING REPORT, JUNE 2007 SZO-2 ACETONE 1000 1,2 -DICHLOROBENZENE 320 1 J -DIOXANE 9]0 1� N VINYL CHLORIDE 88 TRICHLOROETHENE 3.21 CHLOROBENZENE 37 cis-1,2-DICHLOROETHENE 2.41 1J -DICHLOROBENZENE 441 M-36 1.1-DICHLOROETHANE 700 cis-1,2-DICHLOROETHENE 1.9 4'q 1,2-DICHLOROETHANE 23J TRICHLOROETHENE 0.261 ch > ACETONE 4.SJ _L, DI -ISOPROPYL ETHER 4.81 TRANS-I,2-0ICHLOROETHENE 0086) STR� 0] ETHVLBENZENE 35 ` FT METHYLENE CHLORIDE - M-29 m,p-XYLENE ND o-XVLENE �5 = TOLUENE 15 TRICHLOROETHANE 18 M�0 CHLOROFORM ESI 0.381 KSKO-1 ND cis-1,2-DICHLOROETHENE 8� �M-25 Q t,1,2-DICHLOROETHENE 0281 ND VINYL CHLORIDE 0.1 SJ M-39 M- TETRACHLOROETHENE 0381 �% 1,1-DICHLOROETHANE 0.]9 TRICHLORETHENE 0.111 S-1 TRICHLOROETHENE 19 E$-2 Q 1,1-DICHLOROETHENE 1.3 Is 1 ci,1,2-DICHLOROETHENE 46 1,1-DICHLOROETHENE 0.201 BENZENE 0.25J M-36 1,2 -DICHLOROBENZENE 3.9 t,.,1,2-1,2-DICHLOROETHENE 1 ] cis-1,2-DICHLOROETHENE 0.82 1,1-DICHLOROETHANE 0.87 TRICHLOROETHENE 25 bans-1,2-DICHLOROETHENE 0231 SZO ZT-1 S-2 Q_ 1.1-DICHLOROETHENE 0.191 KSKO-2 v cis-1,2-DICHLOROETHENE i6 1,1-DICHLOROETHANE 0.62 - ` M- S' 1,1-DICHLOROETHENE 68 P Vans-1,CHLORLOROETHENE 0.82 cis-1,2-DICHLOROETHENE 57 (]� TETRACHLOROETHENE 0321 SKO- ES TRICHLOROETHENE 4.fi trans-l,2-0ICHLOROETHENE 79 P TRICHLOROETHENE 0.191 TETRACHLOROETHENE 13 KSKO ACETONE 451 VINVLCHLORIDE 11 1,A -DIOXANE 51 1,1,1 -TRICHLOROETHANE 2.6 O Q R SIT O M-33 cis-1,2-DICHLOROETHENE 0.491 TRICHLOROETHENE 220 O DING 2 METHYLENE CHLORIDE O .j $Zo-i VINYL CHLORIDE 0.301 -4 ES -4 trans-l,2-0ICHLOROETHENE O.i6J \CETONE 2300 CHLOROETHANE ].2 BENZENE 0.095) CHLOROFORM 0.1]J 5 TOWERJA 1.2 -DICHLOROBENZENE 82 1,4 -DICHLOROBENZENE 2.61 ER BUI G 503) BUTANONE(MEK) 361 1,1-DICHLOROETHANE 8.2 M�5 ES -5 ES -6 M-33 TTHVLBENZENE 39 DI -ISOPROPYL ETHER (DIPE) 1.2J MAO "_HLOROBENZENE 190 METHYLENE CHLORIDE 1.31 CHLOROFORM 0]41 TETRACHLOROETHENE 14 TRICHLOROETHENE fi] 1,1-DICHLOROETHANE VINYL CHLORIDE 5.4 TOLUENE 17 TRICHLOROETHENE 0.23 cis-1,2-DICHLOROETHENE 18 DIOXANE 0531 ES -6 1,1-DICHLOROETHENE 0.2c� ,,-XYLENES 31 TOLUENE 3.91 cis-1,2-DICHLOROETHENE 1.1 c 1,2-DICHLOROETHENE 22 q -DIOXANE 1100 cis-1,2-DICHLOROETHENE 3.61 bans-l,2-DICHLOROETHENE 0.J4J 2-BUTANONE 221 ians-l,2-OICHLOROETHENE .151 M -48R trans-l,2-DICHLOROETHENE 0.]0 CHLOROETHANE 4.2 1,1-DICHLOROETHANE O.i6J CHLOROFORM 0.191 1,1 DICHLOROETHENE 0231 TRICHLOROETHENE .141 OND TRICHLOROETHENE 2.5 VINYL CHLORIDE 0.45J M-24 ES -4B 0.381 cis-1,2ZICHLOROETHENE 10 1,4-DIOWJJE trans-1,2-DICHLOROETHENE 0.311 TET-CHLOROETHENE 0.451 TRICHLOROETHENE 0.86 M-37 ES -5A VINYL CHLORIDE 74 1,4DIOXANE Ofi61 M-37 cis-1,2-DICHLOROETHENE 1.8 1,4 -DIOXANE 0.32J CHLOROETHANE 03]1 Trans-l,2-DICHLOROETHENE 0.26 ACETONE 9.61 Q M-24 TRICHLOROETHENE -BUTANONE 361 CHLOROFORM 0.181 ARGON DISULFIDE�� CHLOROFORM 1,2,4TRIMETHVLBENZENE 0.181 1,1-DICHLOROETHANE 0.061 1,3,STRIMETHVLBENZENE 0,121 UPTOWN NEWPORT TETRACHLOROETHENE 0331 PHASE 1 TRICHLOROETHENE 0201 NAPHTHALENE 0.591 O 0 P W DERIVED FROM HALEY k ALDRICH, 2007 ANNUAL GROUNDWATER MONITORING REPORT, JUNE 2007 SZT-1 ETHVLBENZENE 130 CHLOROETHANE 900 CHLORODENZENE 800 TOLUENE 11 1,2 DICHLOROBENZENE 290 TRICHLOROETHENE 5.] 1,4 -DICHLOROBENZENE 52 VINYL CHLORIDE 24 1,1-DICHLOROETHANE 19 m,p-XYLENES 110 cis-1,2-DICHLOROETHENE 20 aXYLENES 31 ans-1,2-DICHLOROETHENE 541 1,4010%ANE 15 1,3 -DICHLOROBENZENE 5.31 n-PROPYLBENZENE 1.61 12.4TRIMETHYLBENZENE 3.91 ISOPROPVLBENZENE 2.11 E X P L A N A T I O N • SHALLOW ZONE MONITOR WELL • SHALLOW ZONE EXTRACTION WELL (NOT IN OPERATION) 6 DPE TEST WELL O SHALLOW ZONE ENHANCED IN-SITU BIOREMEDIATION INJECTION WELL EISB-S1 NOT MONITORED WELL IDENTIFICATION ES -2 BENZENE 0.92 VOLTILE ORGANIC COMPOUNDS (VOCS) CONCENTRATION IN MICROGRAMS PER LITER (ug/L) ND NOT DETECTED ABOVE LABORATORY METHOD DECTION LIMIT J ANYALYTE DETECTED AT A CONCENTRATION BELOW THE REPORTING LIMIT AND ABOVE THE METHOD DETECTION LIMIT J z_ ~ � O F � � z� O � O �6n ~ U Q � yeF GRAPHIC SCALE 1"=200 0 100 200 400 41 ��tA pN ON KF Rg V O /\ M-45 . L "I, I _j BASE MAP DERIVED FROM HALEY & ALDRICH, 2007 ANNUAL GROUNDWATER MONITORING REPORT, JUNE 2007 B M-30 ND PZO-2 00� p 0E .9 ,327 1 1� � 10 M- OE ZO-1 74.9 SKO-2 TOWERJAZZ 309 M-33 (F RMER BUILDING 503) 26.98 00 ES -4B 32.6 400 10 .7 SES -5 ES -6 7.4 2 1 M I UPTOWN NEWPOF PHASE 1 s M-25 ND E X P L A N A T I O N g SHALLOW ZONE MONITOR WELL • SHALLOW ZONE EXTRACTION WELL (NOT IN OPERATION) M DPE TEST WELL SHALLOW ENHANCED U EISBSI OREEDIATION INJECTION WELLZNE NOT MONITORED ND NOT DETECTED ABOVE LABORATORY METHOD DETECTION LIMIT 23 TOTAL VOLITILE ORGANIC COMPOUNDS (VOCS) IN MICROGRAMS PER LITER (ug/L) CONTOUR OF EQUAL TOTAL VOC (VOLATILE ORGANIC COMPOUND) CONCENTRATION IN MICROGRAMS PER LITER (uglL) DASHED W ERE INFERRED NM NOT MONITORED N �0F GRAPHIC SCALE 1"=200 0 100 200 400 ti s T LL/ i I- -33. -33 -32 _ 1 99 1 \% NM -29 �\ -36 35 28 I-1 4.6 13 0I-8 -27.12 1-210 EI -4A -36.90 D - 7.02 - Z1O I-11 OI -3 RI -2 -27.31 1-9 -26.99 NM -_I EI 1 -27.19 19 2 0 -36 -32.0 � 33.4 -E S IS 13 J� 1_7p IT -5 7 _36 AEISB 4N Q- -27.28 2EI11� -27.06 O I-1 -34 -32.26 01 6 - .23 -33 FO E SI OF 3 BU DIN 0 EI -2 • TOW ERJAZZ RI -1 A- 31 C � K P� < s ' / -27.25 ^ (FORMER BUILDING 503) NM BASE MAP DERIVED FROM HALEY & ALDRICH, 2007 ANNUAL GROUNDWATER MOMTORING REPORT, JUNE 2007 014 -27.'. UPTOWN NEWPORT PHASE 1 E X P L A N A T I O N O INTERMEDIATE ZONE MONITOR WELL • INTERMEDIATE ZONE EXTRACTION WELL (NOT IN OPERATION) A INTERMEDIATE ZONE RECHARGE WELL (NOT IN OPERATION) • INTERMEDIATE ZONE ENHANCED IN-SITU EISB-I1 BIOREMEDIATION INJECTION WELL NOT MONITORED -32.19 GROUNDWATER ELEVATION IN FEET BELOW MEAN SEA LEVEL (.sl) nj CONTOUR OF EQUAL GROUNDWATER ELEVATION IN FEET BELOW MSL NM NOT MONITORED UTM UNABLE TO MONITOR N GRAPHIC SCALE 1"=200 0 100 200 400 e E X P L A N A T I O N C N �C O INTERMEDIATE ZONE MONITOR WELL y INTERMEDIATE ZONE EXTRACTION 1 WELL (NOT IN OPERATION) W S % ♦ INTERMEDIATE ZONE RECHARGE 8 n WELL (NOT IN OPERATION) Q 1,1DICHLOROETHENE 065 1-9 `` ♦ INTERMEDIATE ZONE ENHANCED IN-SITU 12 DICHLOROBENZENE i6 I-15 ll-D1cHLo6OETHANE 0.167 T EISB-11 BIOREMEDIATION INJECTION WELL p 1� 1, 1 DICHLOROETHANE 0.287 cist,2-DICHLOROETHENE ss NOT MONITORED (>~ q 1,4-DIOXANE 0.647 1-10 1,1-DICHLOROETHENE 0.3U RI- OINYLCHLORLOROETHENE 0.867 BENZ WELLIDENTIFICATIOI.— d O U ND ONM 0I-17 VINYL CHLORIDE 0.99 1111,2-DICHLOROETHENE 5.1 1,2 DICHLOROBENZENE 0.357 � W W Gy' I18-11 ND 1,4-DIOXANE 0.387 trans-l,2-DICHLOROETHENE 1.4 1,1-DICHLOROETHANE 78 1-31 O F W U 1,1-DICHLOROETHANE 5.01 TRICHLOROETHENE 2.5 1,1-DICHLOROETHENE 1 ] BENZENE 0.92 N 7-n W Q� d.1,2-DICHLOROETHENE 200 ,1-DICHLOROETHANE 7.77 VINYL CHLORIDE 0.11J cis-1,2-DICHLOROETHENE 18 �Wy Qj W Trans-l,2-DICHLOROETHE- 56 ,1-DICHLOROETHENE 1.OJ 1-7 VOLTILE ORGANIC UND$ (VOCs) P I Fit I-15 RI-3 cM,2-DICHLOROETHENE 1]0 CHLOROBENZENE 2.OJ 1-8 1,4-DIOXANE 0.557 trans-1,2-DICHLOROETHENE 1.2 EF W O W VINYL CHLORIDE 400 NM 1,2-DICHLOROBENZENE 3s PER LIETER�uTION IN MICROGRAMS ; ' TRICHLOROETHENE O.76J ,7i E ns-1,2-DICHLOROETHENE 32 VINYL CHLORIDE 4.5 1 9 ) Hr- pq 1,4-DIOXANE 24 VINYL CHLORIDE 44 7,1-DICHLOROETHANE 7.9J ND NOT DETECTED ABOVE LABORATORY W 2 O � a cis-1,2-DICHLOROETHENE 420 1 u-DIOXANE 1 2 y LaDIoxANE 1s METHOD DETECTION LIMIT lir Ire -1,2-DICHLOROETHENE 15 2-BUTANONE 1.1i W I-21 n ICHLo6OETHENE 1.17 EI-4A UTM UNABLE TO MONITOR E" W q7 W 1,1-DICHLOROETHENE 237 CHLOROETHANE 0367 z 5+ z 1-21 D VINYL CHLORIDE 300 BENZENE 0.085 NM NOT MONITORED t,,,2 -D C- 0-FTHENE 0-se I-11 1,4D1oXANE 15 I-90— RI-2z w -1.2-DiCHLCRO=TH=_NE 16 NM J ANYALYTE DETECTED AT A CONCENTRATION r. 1p DOXANE 4.o EIS 1 IT-5 BELOW THE REPORTING LIMIT Ca I-19 -18 ISB-12 1-3 z VINYL CHLORIDE 3a = AND ABOVE THE METHOD DETECTION LIMIT q 1,1 DICHLOROFTHANE C.11J AEI$B-14N I-7 cis-7,2-OICHLOROETHENE 0.337 a EI-1 1-19 I-1 1-16 CHLOROBENZENE a.s IT-5 p cis-12-DICHLOROETHENE 0.397 1,2-DICHLOROBENZENE 47 1,2 DICHLOROETHENE 0.13J U 14-DICHLOROBENZENE 0447 1,1-DICHLOROETHANE 0.287 U W 177 1,1-DICHLOROETHANE 10 VINYL CHLORIDE 0.37J z 1-16 1,1-DICHLOROETHENE 1.2 trans-l,2-DICHLOROETHENE 0.14J r 1,7 OICHLOROETHANE 4.1J EI-2 cis-1,2-DICHLOROETHENE 55 di 1,2-DICHLOROETHENE 3.0 y+ G 1,1 DICHLOROETHENE 1.17 trans-l,2-DICHLOROETHENE 1.6 1,4-DIOXANE 1.6 CD NM cis1,2-DICHLOROETHENE 160 FO ERS TRICHLOROETHENE I TRICHLOROETHENE 0.25J trans-l,2-DICHLOROETHENE 38 1N 0 VINYL CHLORIDE VINYL CHLORIDE 260 1,4-DIOXANE V -1 1,4-DIOXANE 2.9 I-ISOPROPYL ETHER cis 1,2-DICHLOROETHENE MID 1-6 -3 o trans-1,2-DICHLOROETHENE 66 0 VINYL CHLORIDE 36 I-20 EI-3 TOWERJAZZ m 1,4-DIOXANE 12 1,1-DICHLOROETHANE 14 (FORMER BUILDING 503) 1,1 DICHLOROETHENE 161 '11,1-DICHLOROETHENE 1.2 1,1 DICHLOROETHANE 2AJ ll,4DIOXANE 1 1.8 cis-1,2-DICHLOROETHENE 66 EI-2 rFT-lI Irons-l,2-DICHLOROETHENE 17 1,1-DICHLOROETHANE 78 W %" CHLOROETHANE 1.270 N TRICHLOROETHENE 307 TRICHLOROETHENE 0.73J M-DICHLOROETHENE 16 VINYL CHLORIDE 17 ci0,2-DICHLOROETHENE 62 I- 1,4-DIOXANE 8.4 -4R sans-1,2.DICHLOROETHENE 3.3 Q dy UT 2-BUTANONE 22 TRICHLOROETHENE 1.3 6 VINYL CHLORIDE 32 I-4R 1,4 DIOXANE 12 1.1-DICHLOROETHANE OWL IBENZENE 0.36J 1,1-DICHLOROETHENE 0.257 CHLOROETHANE 10 0� I CIS-1,2-DICHLOROETHENE 0z Z.58 IM1� 1-6 VINYL CHLORIDE 8.7 O 1,1-DICHLOROETHANE 17 1,4-DIOXANE 0.981 �N a 1,1-DICHLOROETHENE 1.7J ,P yef cis-1,2.DICHLOROETHENE 83 UPTOWN NEWPORT trans-1,2-DICHLOROETHENE 1.97 PHASE 1 VINYL CHLORIDE 23 1,4-DIOXANE 7.7 TRICHLOROETHENE O.46J GRAPHIC SCALE 1 "=200 -� \� \� 0 100 200 400 BASE .Al DERIVED FROM HALEY k ALDRICH. 2007 ANNUAL GROUNDWATER MONITORING REPORT, JUNE 2007 e �C E X P L A N A T I O N ti p �NTERMED�ATE ZONE MONITOR WELL I S% • NTERMEDATE ZONE EXTRACTION F .p WELL (NOT IN OPERATION) d A INTERMEDIATE ZONE RECHARGE q F WELL (NOT IN OPERATION) z .� -10 ♦ INTERMEDIATE ZONE ENHANCED IN-SITU O U d U NO EISB-11 BIOREMEDIATION INJECTION WELL O 19 O ORI -4 0I-17 NOT MONITORED r1 0 P: NM ND \ ND NOT DETECTED ABOVE LABORATORY �] I z W \ METHOD DETECTION LIMIT p„I+ O y� 0: W 0.64 RI -3 N W O W NM pyo UTM UNABLE TO MONITOR W C 2 EF NM NOT MONITORED c V .e a / -21 po 3 \ 0 24.1 44 TOTAL VN MIC E ORGANIC COMPOUNDS W I -4A31.0 (VOCs) IN MICROGRAMS PER I-9 1.9 LITER (ug/L) 04 z \ � 01-11 0I-3 F w 251 0.33 CONTOUR OF EQUAL VOC z NM EIS 1 T-5 (VOLATILE ORGANIC COMPOUND) "" 1-19 1-18 EISB-12 ��y 5,80 CONCENTRATION IN MICROGRAMS PER 0.3 685 2EISB-13 ,� 01-7 / LITER (ug/L) DASHED WHERE INFERRED z �ESB-14N Q. 798 E • I 01-1 462 14660 9 O 9 I W FOR ER SI OF / F BUILDIN 02 r1 1-2• W E RJAZZ F NM1A II<O v N K PRM P 141 FORMER BUILDING 503) O 502 / \ op El - 13500 -6\ Z 1 H o 0 1-20 m 'O ti 1.8 c \ ° z UT UPTOWN NEWPO -2NAaF-1 0 z GRAPHIC SCALE 1"=200 --------------- 0 100 200 400 BASE MAP DERIVED FROM HALEY k ALDRICH. 2007 ANNUAL GROUNDWATER MONITORING REPORT, JUNE 2007 ATTACHMENT 2 t C) 1 RECORDING 13EQUESTED BY AND WHEN RECORDED RETURN T0: O'Melveny & Myers 611 }lest 6th Street � Loa Angeles, California 90017 Attention: Jerold L. Milers DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS KOLL CENTER NEWPORT PREAMBLE ' r THIS DECLARATION, which is mad day of June, 1973 by MOLL CENTER NEWPORT limited partnership {hereinafter "Declar ano replaces that certain Declaration of ditions and Restrictions dated November November 6, 1972 in Boos; 10413, Page 594 Records of Oran6e,County. Said Declarat 2, 1972 is hereby declared revokes for a only with respect to the property deaeri as to all other property described there Declarant In the owner of'cert (hereinafter the "Property) in the City County of Orange, State of California, d 3, 4, 5, 6, 8, 9, 10, 12, 13 and 14 of T ahoin on a Tract Map recorded in Book 31 of Miscellaneous Maps, Official Records Declarant IS about to Sell, le of , • I +- 72773• 684 convey the Property, or portiona•thereof or undivided Interests therein, to various Individuals, associations - and corporations ror purposes compatible with' &'planned , development in aecordanioe with the-Planned Community i Development Standards (hereinafter the "Development Atandarda") dated as of May g, 1972, &a imended,on .June 21, 1972 and subsequently adopted by the City of keuport'•Heach, a , - California in ordinance No. 1449,on Auguat lb, 19,72, ad, a&id Development Standards presently read,'and is they may be modified or amended rrom,time to time.•,A-copy,of , the aforesaid Ordinance No:.1449 (vithout'the e)(i tli PM M.E: :01 . 9a. FOR , 4J "Q01-Aot1v&ted-.t*'pf iserve ese,qualit a through inutual -Cooper& tion an y enforolng not only the letter but the ,spirit W. laration. -;j 10,C 1rrW- Y-i - kamm g.- �rl '...X"S —Q, I k—�, ,- , 'S, A TA • PROVISIONS TIZ ti Establishment of Reatricons. -'D*clarant hereby covenants and declares that the Property, an 0 very part 'thereof or Interest therein; is now held aLnd-shifi*f!*,,-ig-'!?�:?,f?:-L-"��. , R""O'N" '41 reafter be htid, tra"naf leased. conveyed t1 hereafter N1 U t - 46, occupied subject to the eovemm a con t tions and easements herein met forth, -each and all of which Is and are for, and shall Inure to the benefit o and pass - Y�N a&C t h and every portion of or Interest in the Property Aldi — and Shall apply to every Owner and/or Occupant thsreat, their succojeort and assigns.,. Theo* covenants, condi---;,,-' .:tiona, restrictions and easements shall run with the Property; d every ani par, thereof or interest therein, I shall be..�, binding on a_1 parson@ or entities having or 'acquiring MY -right, titl, or interest In the Property, or any part t Fr and ahall sen it each Owner of the I operty, or n t;All - y par rthereof or interest therein and suoh`covenant■conditions, r'e etri c t Ions and easements are hereby imposed upon the" and.-^' every part thereof or interest therein an M Vf �ZOKR-U ,—Y:, servitude In favor or each. and every portion thereof an the a 0 m I n an t t e n a mm i k t or t a nevient a.. 'ri1�� Purposes `6F ieit' 'ri it ion purpose of 'these covenants, conditions, restrictions and easements, -4" - & r J- W, Wt, 4, i;p_,- 2 "N" X — i.• . — . ijFOd 11 2V%W, , s. x, -MIT � s r�'.I,�caT ��y��`•ie�s��.'r'.�Y. �-r:xrii..i.rr:.�.+'w.a - :•�.11:: .'.•'_ •'1 `�'•,C.'•`, 0 V `Y•. :tet-•3•�A: <an.,T A iVAIN, x R among other things, is to insure proper development, use Ca 7 :nand maintenance of the Property, to protealt each-Own.ar. of. . ... .. ......... .... .. . .. . .. ..... . . any portion of: the Property. against improper devalopment, (7) and use. of other portjons..of.the Pro perty which xi1l d.s.-: a) preciato':the value "ot. such Owner's portion, to prevent the :, erection on the Property of structures built of Improper design' or zatdrial3, to encourage the erection of attree- . ............ . ...... .. iivo' Improvements at t appropriate locations, toprevent haphaxard and Inhavonlous Improvements, to secure and 7-i % maintain proper setbacks from. :streets and; adequate: freo ZIV_51aces be"tween structdres., and in general to provide ade— ;�'.quately.for a high type and,4uality of development of the Wa4 =Property 3n the Development. StandaHs,-As. ... . .. .... ...... .. . .. . the 'name.be I f *d: or: amended froi* time; to time. ., y 1 03. Definitiona. As used herein, the follow- % % 'PA'ecr"Xljn ter -me aha11 have the following meanings unless the - Context otherwise requires. T (a) "Allowable Building Area"' Mall "an, with peat to any particular Let, the total number of as square 'feet of floor -area of Professional and Inass. Office Buildings which may be ooneiructed =:kyr A - said Lot pwrauant to the Development Standards la (b) "Building Site" shall mean that portion of a Development Area upon which a Professional and/or a.A Business Office Building may be built. A .1Y Wk 4 • - r .. .r - �.-;trr.. . ... --e.,-aF.N.�.«•.vw-,s+rrr: vw'-i.,`+rr: :..'..3 �afr..rii •:ria.- -- .2 jt K,_.1�•r.-in'.i�_t�.•`ir�. NF1:'4.Jz 11_i - � � ,•. rT:. • `2:�, i'aFilr:•. =Hir?rJt• r'r •ri! tµ+"•=•t ;:Y•• c.:.�f.r �f:�. �!� „•t'" �'..:z.:. • � � y V r „ Sir•.:. f .i.. ,, . L.y nor o tl.•, f - - .'- ;�:' . r • ,'�.�i•',N,�•'i��`.r`aH � 'h. v:•; ; � � h• � •X .�•} �:.r• ,R: ' i, t 'r"+r;.:ti^.,•+� i f � � tt �� • s ' t t li�j `` ' , :, .. r3-b�� ; j�" r� 1a�r, �• G �k£7,:" '-`� %j./. w;�. A.x '��}'+r +CG Fr ��+ :• �tiy t.;:x :!" 1 , i )y...++, irrv = : ''•_ .� •' s -ffv_. f� ter+ a,.r�ia•,; Y'y •AI. ,.�., 15_ •int. G, l;. .eel.-'%."A��a..��}[� a�,1�ty�•v'lrn�"L�"i?4f�, � ' •'�4� •�y�.��yf�.'+�,'.�4..r �, ]L'..Ir l•..,- _. ?�,1. SJ1 \: �, '! r +f V- . {:• +)y:?.-isa 1�,�,•''1rFa34 C K'�•.�,lr:v C)-'h&S1a.dlRg to, Osmee lhall m"a'an an • :. •• :r.f ''�'•�i ,:iGT�'F', 'Ci�••,�t'l,Y.-: :C�r"---;,i..l� =--: N�.:::'.i.ti: �..t'••..:;• .: ii.': i:'r - , .. � ;�" • h �� _ • e g a -� d: r•. :•r: r i -':t" •_- :�L�.r: .fir- .'. r -`:" .. :avrser whose interest in the Property shall be o-_`'. _y;•'; ;i .',: _r:-!, %�"" si+�bYT.7.^i:`l,?�•'iso!7r�'�i.Y.:?eSv=3+ter(=ru:e [•f 'ine=de,...ti•�ss: iv'� ;p„,E Y created pursuant `to section 2.03 hereof. "-,>.'Y t':Jy _�'rs r. t•.'14i,•�S��,YP,'�ii'i'��'na2fr: Y:;ST`�, i r:<•'r. +R'.. _ :1t'!.. '- 3 �'r•-:'i'F';�.r. {,N�1�;'4••.':a• a� ,;_%=":i .ti*�'.1J'f.`�f�ts``^ik"i!_..,' Iv::;.:.f4f::.lY' •.•''." aF -.Y.;'�' s•ti •:».�sa��• �y� 'r� '�; �` ,.�`titi •tj �`*4_��+_ � -!•:_ r�ta=��i�Y�'`';,,4:r�`,',.c:Ji'•�'•: �`9'T��,�i�'�Y"�" •`�.+,r•+-•'� r .:4'^- •"sx� ."�'� �`•c.. '�`,, �.�: t»GFi•»�;F,`-'-r_T4.:1�,,.�•...�'.'°�`�yti'��T 1t f:f:� Wit"- .�'=�i� '• .fix• _ :•,� :h.r••<c>•..:-•.;;,�� -�" - - - • ..�.• �•..r�-�_ '.;;: :.,,: -�� -' .[d)~ Coasawn Areca"•-abali •mean thosi portions •,.} �_.,� •'"' .;�::7: e. `{.4'�fe.'�Y4r;,sj �,��ir:;s. ;, .: `. •. ', ,•.= ,•,:-fi:" .•- •-,:.••• .'•.f;:.'r'S':i�'.'.'•:�;rr :';f'�;�5�-,.5�'S},f�"`.y' ":�F the Property ilhich shall be nainta2ned and as-, ; :t ' i" '' :* .*y, 3r�;� � LSCST j#:�t' �,'��'"•=,'s,f°�,�'�L'si.'.,-' - - : e�_.. - :"+�•tiJ!j`_ :=C't�tnt `. f• •�t..�.- Y'�`iffv.g'�_yi~• ��;5- e..� nistered by Declat for the comm. use and • _ i moi,+'," _ .. - ran ;: '-'•- - - T` .c7 - - =E ,:.v. sf'` •r'r 'i La -." ..yy., .�.. :•. _'. ' _�,(•- S�' -�_�;;��a._t.. ." .s.. .i,.i'. .- ':.=Fri: S'•-`.ra•.C.. Yr•Yri: rry.r'a;�,:rr:•x'4• �� ..v.;-• :ar "• f :, ; fi.!� ..;er�j oyment of all occupants of the Pt`opertT. ,�Such'�w" ' -7z# .;r �r:�j;t< -, - • �. _ .%r. !?i�r. f� .i � .ce �r�.`[ti �t..,1'i'•;' ";.'l ,�•• r�•��;s; `�;:Y- •:,fir. +�,. �•, '"�,;. .: :.._- .. � .. s. ..; �r� 3.'; :�'. •�' ' *�;rj 'Ccsoaan Areas a4a11 include wa a;.`+�i� ' - 1)cx ys, bikosmya, • i�,r�f�`; .i'r - " "'.... : -" '. ..!` r]i. ��..'•,i<�'., �tr {�'F :�1a{� �.• Y , , and rater faoilities t >-``;;�•:1y�.';; ,,,-.7;,:.;;•`♦=''•.'Y:i:'ER' eke �;• > periQe ar 6ersRs artd'` . - •= ',iry FrY�y: 'Ii .. .'.f i .. .. ��"Yi..,:l �'+_a=1 �f7`��r-y`, 'L h" r.:' ]rr.y- : ..a.':'•t' •7v'=,Yµ_ty^.fli.•.�:.�;.. r.'•��1t.{t'.'!:'y•-•w•..'7`�y�W.�Vi�s.'S"�'3'-'"��:•;••r 1 c _open space angreenbeit areas. dc : r •'=,.rte -y.•... �, ., , ,a••�:j.i �_zl".: '�t.'ii f 3'.s �'r i.. _ '��r; •_j.�' .c-7:Yi'. •�I•t`�'-+i.`'•.•;:�••...-- ..y ..,�h.r b.4" :4:3.,. � r •FN'C,� .Z.•. � r�? �.r;, �.:: ,.f, �'•,,e -r �i d �"�- '�7`�:`c..="'=!r' �;��, - .. _ i. - t-w�^vf:M1r�n,yjF:•?:�r - +. tlr. •, •`;"d: -,t •.r<t cf .- a .!•.,!�4�r'`. "T' » .' :; _ _ [a) "Common Parking Areas* shall moan thoi• - •-`< .pCrtions of. the_ rarlars Development Areas pontf �.e�t=.. •'�•�' �rr'f'-'i . %rh3�`�' . rk.;,•�.w. v;. ':.which on -grade parking facilities together rith f Raaess driveways have bean or will be constructed =:fly - •'� :for the comcn use and benefit of the Ownere and fy1{x's�;:' C ','rte r-rrC7�s:�t��+,�'� Y y.r.,-.•'t••r!. - ... •- ..:' ;::.,-.! - - � ;�:re=•F.:�'�;�••• i of all of E e Development Areas and the71 �► r =a �:,..w i rovecants rSp ",• ;:i+ih1 1r i �' <.-o+-Yc-J3y-'`ti constructed thereon. + Iylpfiy}; r7at3_ 7 . -•,+.+li- 'ri: �jr,'Ew%rn : ••i K ,r _.rL. ,: V. - - 'E .•r.._74 a71�- n• '.",•^'r';, �:��_ rR t7rFv�:.=-?>ft� •iY-nitv��ryr E t,` a.. .+. a- �•3'�•...--:.- ,-: ....r..�: - t • 1. _ .4*' s r• : 3�r T�' L :,` 7 -= cifi "Davlarant" Fihrll dean KOLL CENTER NEWPORT, ,�'i cry' r:..•�f; :a r' =:: Ly ?�i �i' "J' c '- y' • •. �. •.,Jit.. ?, .a t• -:: oas-, : >k: - n f - tN`�4,p2ltnrnis limited ytnerahip.=v' r;> :.7'�"" ti. .Fr r �-::-r�'. r3 ^ " 'i' i+ ��.�"'.. j''1<.; `:'.'s! ° 7 t 1: -` -. a ,_,: a? :it.sr� •c: , . .:•„��': i7r, .... S �a� ri`�•r n r•'= +ty-`°"-'� r-'� . •._+� • .r �'� ! S7•..� - S�;r 5... ►..6 r r '?:�.,. ��=ya _ �_ ,� :rrt';'S•':�:.{�{t�;:�x �� Y r2'Si 1'-..?.� _ 'Y", r'... Y`` r r'.fw: 1't%-•i...�.. •'2-� � C• �.,��:�: '?•C<.•'�' i.7#%��'„i. 31. '�"r- -1 �'• ;: 7•;__. .- •; "_r_.s,..•,_.. •�+•`-.� � :- .. .. ,e•�r.. •_ :kms - `„ (g) "Development Area" shall meanal aAeei- '• g� ��r';:�x �l�i`.�'��;�r,•....•::�•.. ,:J• . ,..' .. , r ,.:.'•• ... .}.,. - - � i. ham•.• ; �"� 7�'"E�.-,r`.z�-.- F lied ortlon of the surfao• of the Profeaaional 4j d Susinese Office Area designated by Declarant .for development for Profeeaionml and Business z •'+ ,; a ;r• r. Office Uace. .The Improvements to be constructed N on a Development Area shall include a Professional r' itna/or Bueinese Office Building, the site of which ••:r;"':=" r - ' .Z t= •i'' •'`'' _. .'=.,.s.,�r �+moi: :•1'�}',:s':.'..".':.=+ •-�Ci,..l -c. :3:+ L Liam :: ,� ; `F.•P: � �- rte:^r. r . , -. -• - ;.ti ;:;,- , 1� }h„tie :i .,.,va' �7 •,Yj-'•: tingY�:Sty .• , •. . r. ,msµ .,. '�. i.., � _; :,.: .: i�',e '.; 't7t •r �. { _" isElr?!;lY+ �ei:rt�. at.:,."-:wxa�,,:AMf .ay i..,i��Y rr ' .,dn—�+s_•r`��-4.'�'+e-,r_� 3`.3�"'C.:�t: ;.' �-•ii��:f�E'r�-•�`it'F$".�.`P7.E73:��i�:!'�ej��`.�=� j•r R _. t 5a!� =44W, 4 `let* 0 N_ on Iv RHu ding Site, plan appurtenant ', 4,6 _tg ..J. A r• A V'�, ,f� 7%q "Development Standards" shall'soan :the Planned community Development Standards Ti":RiZ .17 p�o��ed by DoalLrant as • of MaY 5, 1972, as "Ail ;ameinde4 on June 22,.2972, and subsequently -Vit !tip TV ��#Oppt ad by' the City or Newport Beach, California M'A in Ordinance No. 1449 on August 14, 1972, as 'M4 N _ said Planned Community Development Standards f: -presently read and as they may be modified or 'P. ::amended from tim*Ito tlm&. XuL I n F; -"Flo*r Area Allocation" shall iwan L!,t. respect to any Building site the maximum Z& -:Cross flo'or'area of an h y building which y be -7 W2 ;y.,'!-,constructed thereon.- -..The aggregate 'of all,710or "M -Area Allocations within any Lot shall not exceed 77, % Al I'wable' Building Area for SU " "ch t6t. M 7- �u M� " IU! J*i4v"ftnt shall mean and include Sy and construction of any kind, whether,. 0 Nr% above'ar below the land iurrac including but NO '�_!4jrL-W'not limited to, buildings, outbuildings, walls, hater linea, towers, electrical and pita distri '.0'�Ibutlon facilities, parking facilities, va tinge, pole a signs' and ,fences, hedges, mass plan —any other atructuree of any type or kind. Y., j A> 6 Z,P - . ' ' ' L.- K, _0- v - M" �T M_- 00 2 . : • 71773' + w. i (k) "Lot" shall mean any of Lots 3.•4. 5.Q' •b, 8,• 4, 10; 12, 1'3 or 14 of Tract No. 7453• Lot Qj shall not mean any new lot into which one of the ... above..refereneed d Ota may be subdivided, such Iota01 heing. herein designated an Parcels, }• W. "Odcuparit".shall 'mea. those •persons entitled;by ownership, leasehold interest or-, otper, legal relationship to-the right•to OCCUPY any portion of the Property or tme Improvements. ; (m)•."Owner" shall mean the person or entity } who is the record owner of a Parcel. or is the.ok'ner -.,• or designee of a Bdilding Site, Including'buyerh' " urideX a contract pr sale'. In the event that the ,• • ownershlp of any building or other Improvement■'on \ any portion of the•Proparty shall'•evnr be saverad frotb•the land, whether by 'lease or by dead, only , the owpeF•of tha.Intereat In the-land shall be �. E 'deemed an'Owner hereunder. I.An Owner shall not necessarily bean Occupant.4 (n) "Parcel"' ■hall mean•a subdivided portion .of the Property conveyed in fee simple absolute for �•• , dev4opmant as n.single integrated unit. "PareeI ` shall not include 8uilding•Sites conveyed purgluant - •te $eetion 2.03 hereof. " + : (o)+•• • "Para e7 Owner" andll• mann the Owner of J_ _ F -• r -a Parcel. ' I �•. x ,• 1 .• a j' ... ` , i � - ,,, rd� IRA _71 w ----Air- C•a--VrF-��: 4 :SI. w ±yiSS `<K s='w� `-x �' � ir- P &I, ard Business Office A"&s; _2!P 'Alffi 8W vq- mean th6io:� the Property designated" yx": 1 t Che t D lopme -ofessional and *Vv nt Standardis for ft Business Orr cez N1- i�islnqss Office Uses r) - "professional a 0 n the Uses Set forth in Psrt'i;'Seation. -Is. Group Paragraphs A and 8 of the standards (Paso 20th V �M _.T QV To. *- NWZ . I �* N. -%(s) "property" -shall mean the real. property 4s,�ib6d in tl,-, preamble hereto. Z' "Site Area Allocation* shall mean, frith' k..", __.'rospoctj to any Development Area, the size, In square feet of 'the Ballding Site designated thereon A- 41 • •La .4, j_j•Q. 11 P PZ-zi- _I �4A %,2. 01 TZ"ns of Tranaters. It is the intention tl an c; R". t ki*Doveloper that the Property hall be divided or convwyed."_' • in f�o dil f' f eren't" aA_n'n'@'rs (1) conveyance of Parcels and a an•ce of Buildirt& Sites.' J - ':.;'1qProf&ssion&l "d and Business office Buildings" en— er -ucted p "4 LnbuildIngs'constij for Protesisional Mv�and Pusinos* Office OR UPI - N1- i�islnqss Office Uses r) - "professional a 0 n the Uses Set forth in Psrt'i;'Seation. -Is. Group Paragraphs A and 8 of the standards (Paso 20th V �M _.T QV To. *- NWZ . I �* N. -%(s) "property" -shall mean the real. property 4s,�ib6d in tl,-, preamble hereto. Z' "Site Area Allocation* shall mean, frith' k..", __.'rospoctj to any Development Area, the size, In square feet of 'the Ballding Site designated thereon A- 41 • •La .4, j_j•Q. 11 P PZ-zi- _I �4A %,2. 01 TZ"ns of Tranaters. It is the intention tl an c; R". t ki*Doveloper that the Property hall be divided or convwyed."_' • in f�o dil f' f eren't" aA_n'n'@'rs (1) conveyance of Parcels and a an•ce of Buildirt& Sites.' J -0 KA -0 -no MW _4 P, 3W FM j7W -F rlAc ...... ...... OZ — Parcel 5 Prom time to time Declarant — -Ar. W W develop- or. convey existing Lots or resubdivided portions or _�iopmeni �v V t6 far as'a single 0, unit_;0,�*,T._ =t-vz 1. n accordance with the provisions hereof and of the Develop- jo 014nt'standards Such Lots portions of Lots roels may be used and JWroved for any purpose permittea herein f�. lo and In the Development Standards. - The Owners 'Lrvd Occup alnti '-of such Parcels shall be entitled to the non-exclusive use > hof all Common Areas and the Improvements constructed cted I *WU'an but aha 11 not be entitled to the use cc-�cmon `k .:V Owners and Occupants shall.i- - UArking Area. a except. that au al.' have the non-excluelve right to the use of any driveways ,� ----Which may cross any Common Parking Areas for re sonable "I ns access to their Parcel as such driveways may, frog ,time to time "be located or relocated by Declarant. a of the Sltos:�,In furtheriLne —'deii1opm-int eat -forth Plan 0 f hersin,--in addition to the .:.L4RMP transfer of Panels, it Is the Intention of Declarant to oonvey.portionj of the Property for Professional and :-Business Office Uses by transier of the exclusive right to develop and occupy designated �u'y deal Ated Building Sites 'within various "c jar yyt-j Lots'of the Property in accordance with the Development 7 'Standarda and the covenants, Conditions, restrIations and z vet forth heroin. Such transfers may be made ...E�ilthvr by a conveyance or my, undivided Intare6t,,in i 1.6t together with an exclusive right to occupy a Building Site df by conveyance of a Building Site in roe. in either case . �-_Duch conveyance shall Include the non-exaluelvo right to.. _-.uz* the Common Parking Areas and the Common Areas and the 9. V 1 14 W: M-tl, - :VV' Improvementa thereon in co=on with Declarant and q a Own ra and Occupants Th a Owners of such interests —o 7Building-81to Owners") shall be 'entitled to all.r1ghtm granted teraln.to every other Owner of the Property and a U111 -.- 2z 1; 66�Mpincy and'developm*nt or til;-Devolopment -yr''._ X %1M "I" *as a al be subject to a of the restrIctions and. lis,ifations 'set JrO,rth herein and -1n the 'Development n7f, N ;4&,mr 2.04 nts. so long am Dtaisrant portion or or interest in those portion@ of the. devlgnated`as Professional and Bu3Uess Offige V Areas", Declarant Mall have the right to establish,' .-grant to others non-exclusiVe easements over Create F such portions of the PropiAty other than designated building Sites at such location or locations to Declarant - 9-; -Z, . a h i L I I dean advinable,'for the construction, 'installation, maintenance, reriov&l, replacement, operation and "a of % _utilities, including without limitation severs, Water and -,L7 V ip*s and systems, drainage lines and systems, electric �7 -K , jnl and conduit lines and wiring, telephone canduiti 4 other utilities, public or private, Tinea and virse, ar, m, (OXCept vaults, Tanta, &CC Me beneath the ground surface structures and other facilities required to be abovo ground our aoe by good engineering practice), including the right ti 4jsyr ght .'to.dedicate, grant or'otherw1me convey easements or -rights Ir way to any public utility or governmental entity for such purposes. In the' performance of' any work in ccnn action with much utilities, Declarant shall make adequate provi- *ion for the safety and convenience of all persona using A ON. 0 N C. I J 44Y surixaa of said area, -'shalino t, um-assonably Interf are th -dis pt the usi 'of the Cowan Parklm Areas, the -Comwn Ames or tim facilities loeated thereon 'sna shell SM 1, r41&00 and r*stort the areas and facilities an nearay -7, ar�,,,,j " g7' possible. to the condition in, which they re prior fN ,to the performance or ■such work il snt shall have right to grant or areata• easements across those Por- §tions'of the Property conveyed as Parcels, but nothIng X j�:4 _� . -, - r11 - t. - _A: Wp V -Rom, 0 - -I * ... W 'therein shall b* doea*d to unit Doe 5 right saveisents across such Parcels at the tlMe of .MM '. :,j`Z e, VI" x % T4q. I -S lt� • MOMM M-0 USES AND.MPROVEM" MARLTT 1! N2 ;7� 01 d by the DeveloomAnt it •0460t to A" more restrictive herein mot forth, the carious ftratio into and Develop - Aroma X&T be used and improved for the purposes and 7lu a Qr e1V;tL*j,uae a met forth in the Developatnt standards. The IlUta- 'tions andre itrictions an such use and improvemient aft y� .,set forth In detail In the Development Standards and such limitations and restrictions are hereby deals 4 M to so limit and restrict the use and Improvement or the Property and every 'portt thereof in the manner r t h � if* Development Standards. 3.02. Other Improvements Prohibited. 'Except as permitted pursuant to Section 3.04 hereof, there :ha'ii" be no Other uses or Improvem*nts whatsoever permitted on.. El u�.- ityW 4. he Propi"oththan those7 iies and linpro-14'emlents referred a In.seation 3.01 above.'. In any ease, such uses and improve ants shall be Subject to the requIramento of approval Article IV hereof.-.`&'W- evel' 3.03. Access tc� Infor=tion Re theD-- op Standards. For on - purposes or supplying Information e '-A A-1 corning the limitations and restrictions or this Article III,- as well as any other part of this Declaration, Declarant -r,Fhsll Cause certified copies of the Development Standards to be rade available to prospective Owners or Occupants �of the Property upon payment of a modest too, not to exceed 4; Copy, tar. each copy so produced. ".,No such copy shall, be deemed a formal statement of the limitations and restric- tions of the DeveloixAnt Standards, as they read at the times, 't Y "runless such copy shall have been certiried in writing an comp 4 t I a and accurate by Declarant M5, vqx. 3.04. Other 1ER•rovements. and Uses. r Improve - 'T, !yenta and uses wkich are neither specifically prohibited--: nor specifically authorized in the Development Standards tay be permitted in specific cases by Declarant. Approval or -disapproval of such use and improvement ihall be based -- or improvement on other portions U ,J..,,,,.upon the effect of such as or the Property or upon the Ownera or Occupants thereof. It Declarant approves such use or Improvement in principle, than thereafter, plans and specifications for much use shall be submitted for approval In the manner set forth In Section 4.01 hereof . 12. NV 14 El u�.- ityW 4. he Propi"oththan those7 iies and linpro-14'emlents referred a In.seation 3.01 above.'. In any ease, such uses and improve ants shall be Subject to the requIramento of approval Article IV hereof.-.`&'W- evel' 3.03. Access tc� Infor=tion Re theD-- op Standards. For on - purposes or supplying Information e '-A A-1 corning the limitations and restrictions or this Article III,- as well as any other part of this Declaration, Declarant -r,Fhsll Cause certified copies of the Development Standards to be rade available to prospective Owners or Occupants �of the Property upon payment of a modest too, not to exceed 4; Copy, tar. each copy so produced. ".,No such copy shall, be deemed a formal statement of the limitations and restric- tions of the DeveloixAnt Standards, as they read at the times, 't Y "runless such copy shall have been certiried in writing an comp 4 t I a and accurate by Declarant M5, vqx. 3.04. Other 1ER•rovements. and Uses. r Improve - 'T, !yenta and uses wkich are neither specifically prohibited--: nor specifically authorized in the Development Standards tay be permitted in specific cases by Declarant. Approval or -disapproval of such use and improvement ihall be based -- or improvement on other portions U ,J..,,,,.upon the effect of such as or the Property or upon the Ownera or Occupants thereof. It Declarant approves such use or Improvement in principle, than thereafter, plans and specifications for much use shall be submitted for approval In the manner set forth In Section 4.01 hereof . 12. _V A .Vrd -J % .4 :ARTICLE IV. q (T7? )F PLUS _-,APPROVAL I X, YW M o r Apipr*ial.'�'No Improvements U-) shall b• erseted,"plaaed,'altered. PaIntalned or permitted to remain � on any portion of the Property until plans and specifications for such Improvements showing the plot layout thereof and all exterior elevations with m&terlalo and oolort-tborefor, together with structural designs, -. __signs and landscaping shall have been submitted to and approved In writing by Declarant.- Such plans and opecifi- 4 cations *hall be submitted in writing in duplicate and over the authorized signature or the Owner or Occupant -of the portion or the Property to be so improved, or such Owner or Occupant's authorired agent. Nothing herein con - %§f4. twined shall require Submission to or approval by Declarant of plana and specifications relating to alterations to the interior of any etisting structure. Such plane and spelifi YA-:4- �` onions shall be submitted in three sequential phases: ILR -'K Schematic Phase Submission and approval; Cil) Frelimina." Phase Subminalon and approval; and (III) Construction Docu- Monte Submission and approval. Submissions must be made in rr`vf, .the order .indicated and approval of each submission must be obtainied from Declarant before a subsequent submission on vemo project will be considered by Declarant.. 4.02. Contents or Subm1salons. Applications for 'approval of each phase shall contain the following submis- sions and information: ,E 0 RM �2 V_ Opp It 0.4y,", WROa. I 'IMP AV— r" -'74VL 4-4 "LV +�Ni�• f�r4��X�cE��''r��' �jti•:�••� 1 r.! �"f� N� �..:e.L ,.t 4r - •_ _- lw':+s :tsrt : �� R R chemat%c Phat v z;�� - i§i!•", te map showing.proposed Improvements 4 Z5, J�s 7 I ?T�� Ion to adjacent and nearbyY roadep buildi-ngs and Y1 e we 7rN RM 2. ,Site plan showing proposed driveway 'pathways"'torraces, property line, subdivision lines, -setback Un proposed parking areas and number of parklng.apaows, and starage areas, existing and proposed grades and ex1ating trees now landscaping. 7. i :.ens and elevations of proposed Improve— ments- showing major dimensions setbacks and materials. -7 (b) Preliminary phase: .1. Site plan showing the design development wk.pl -r'4,;.•- _*4MµI,of Aems listed in (a-2) above. 12 _i rz- Plans, elevationscross-sections and IV S -typical 11412 sections of the proposed Improvements. ` _. �. ".t'•�;j*' rx• Fk• S •ti•F:��,'�•-_-. ski.:•- ..' - ..-. A .. , 3 Outline Speelficati one. Exterior colors and materials. 5. Signing. % d% t -ion Docum6nta. Phase-, 'V 7- V grf4 sN9, Z n. C kco 'Coaplete working drawings in such detail? D Vc larant shall specify including site develop ant plan and landscaping p +_ 0, 2.- Specifications -3 ;L 'qm,: OZL iy a n, Exterior colors and mAtorials. e j7 4.03. Basis for Approval.' Approval of the plans and apecIfIcs.tions shall be based, among other things,. on the lidequacy of the structural design of the proposed V- V ::!wt,—improvements, the conforulty and harmony of the external eaign thereof With,nOighboring structures, 'the effect of the location and use of -the jrojosed Improvements on other , .?;�j,-;, Im&ovamants on the -Property, `the e natureof other jWProVG_ VA� ".Ave- n t a on the Property and the types of operations and uses:. thereon the relation.of"topography, grade and finish ground --elevation of the portion of the Property being improved �z to that' of other improved portions of the Property, the proper facing of the main elevation of the proposed rt -Xinp0 vements with reapect to nearby streets, and the confor— mity of the plane and specifteations'to the purposes and genera Declarant d intent of this Declaration.' I plan an 11 not withhold its approval 111 a ha arbitrarl 17 or unreasonably of ouch plans and specifications or other matters required to be approved pursuant to this A-rtials. 15, xiF U.14 M -IM. ..... IM, J., L 10i r 2 %4 U., Y! _-N o� ?y Xf M . A �'4� WR , M,_; 1'2 " Result of Inaction. If Dealartnt CAlie X either do approve or disapprove any Phase Of nu!h'!la�1! W and*apecifioations within' 45 days After the me" have ' been submitted to it 'said phase shall be deemed approved by Declarant; provided, however- that If within vaid 45 day period, Declarta gives written notice of the fact that an additional 45 day period in required for the AM review of such phase, the" shall be no such presumption that the same are approved until the expiration of the additional 45 daj period at time -:aet forth in said notice A with Mork. rk. Upon receipt of final approval from Dealaranfr of, the Construction Documents, the party to wboift the sum in given shall, as soon as practicable, satisfy &!l conditions of such approval which may be imposed by Declarant and shall thereafter diligently. proceed with the cosmenc*ment end completion of all pro- posed construction %nd alterations. In all cases work — shall be commenced within one year'fron the dataof such " &PPTal. If'thera In a failure to comply with this Section, then the approval given pursuant to this Article shall be deemed revoked unless Declarant upon raquest made prior to ..,the expiration of said one year period extends the time for commencing such work 7- L 4.06. Coimplatlon of Work. After commence'nent of the construction and alterations referred to in Section 4.05 above, the work shall be diligently proatquted so 16. dw ti 0 01 bat '.tha portion or th e Freperty laaproved shall not - in s. pLr.t2y finished condition any longer than necessary for the completion thereof. With r, 4 4 Vo excavation, and without llmittng any. other ..z 'M 4ae Q 1 of this-Decl&r&tion or of the Development it tiLJ� 4geqt . ...... • dards no excavation shall be made on, and no land,, gr 'Oki - or matarlal or oil, Sao or mineral subetance-i," SIMI 1 be removed from the Property except in connection ' 'qjt n,"; 3.L4, 1i T# �,rinhiri With the construction or alteration of Improvements approved in the manner lot forth in this Article. c -mplatloA'of any such operations exposed openinji or c shall be okrilled and disturbed ground shall 7i 'gas41 "be graded, leveled and payed ondscacr•ncei with the previously approved plans and specificatioria-. I any event, completion of construction or alteration k-: such Improvements ahall-be within twd year's after commencement thereof except for so long as completion impossible or would result in great hardship due to strikes, fires, national emergencies natural calaziti br other supervering forces beyond the control of the Chmer or Occuparc proposing such development. In addition j.*-%-!,. and without 11iLting any other provision of this Declara- �,-tTtion or of the Development Standards, landscaping manner previously approved by Deolarant pursuant to th p re a i o n a of this Article) shall be installed within 90 days following the occupancy or completion (whichever h 11 first occur) of the Improvements. Failure to a With the provisions of this Section shall constitute -!,breach' of this Declaration and shall subject the defaulting - .R[,:' ,•i a �.'ws! - - • l -. •'.r = .-.` - ~i 17. V W hl F'.f4 5 .1 MA' S. 5! " J.: .3Z 0, 0 �.`T1' Iri _ :.;+J' '''.14.��i'.:yr-c rci F i : i...y �.: 'eft x'�:, r. :T.i.` _,:. Y• : .. J.:� _ :. �;� r+}•- . , y,.�? w.hJ :_.- - +3•. ,•v :6-- --''"� �r ::' � t ,r.. X,� �. .,ii,�, • . �ie�.. ••:rJ T•> .•.Zt�: _i - -s 3 - :a�1,rc: • •rf , 4S• .,F.•13 . MANa� yy4'- -,. }. r�•r •. s. .,'•>w r "k'•:vi , ,Csr•.t �. �� { _ . ` : �it'�a�a?��Y.itdJY`�': �i S:t'i j �I�`:i •f`.'>'r:-�jJ•�u �N. :.�`-1.+� •:-�. r ,t .• �•'-,• 1'- i- SJ1.:�SiCs•�.vJ'+�,�i7 iii ,, •�•` .T'-�r+,+:�KJ:?.. Riih �` ��.''el"h•��:��•�•:��?.=��i�ly�.` £. f'3'�,I�:^1\%��:•: ;;*.:Si' .'ti: Y�.'C�lr'�tC'}':�iS� P. =2.�:: i •`•..84 _wr•..±:'.: t=[• •�'.5:� • �Y2'•T%• C...ii Jam' 1 ,. .5 :-,:: :+.1.'.I.:�4.�i.,�,.:-:_'�T PartY'Jor pdrtlee to All of.:ha enforcement procedures ",^� r3>r; ?^='.;r?yj.: ,.zer e:;:?;,,' ra ;t.' :�:.. :• s..:�::..',�' us =.7i forth in this -De cla�_ration;•and to any other remedies provided iJ•` •<- _ y �- Thi 04. .� r Shim• ..; YTi ✓,- JS•,.se-� r : =y s• t •f:' -"'', i ' u•✓-. .. Sb " 1_aX''orr! uit lay, r n ?. ''+?�:. r 3�.. _ •'+ ••' ..,,�. 4 J r s.�•�,._ Yi 5. rr ' 4 iacfY J if ;c`.'. .`e:•�"RA s� tr_t` .'..}},, •.�i r. . -f.. L•6 _ `+': ' '-'r .a.'L lm�i',. ; : iyy - :' •+''�' ••• J * �-•Jt',S:'t:: •:�f t. .�a1r :r• - F. { •ri•``a.': � - � .,,s. .:: is T• ?-it. J • ''P _ : ^•*��•a`r�(`3�'�r�a",'y�h,J�; :��•� STT i L°;;: �+�• ;`i1S c>�' f�-'y+••^`�R��J �'=v4. t�.��45',� ..J� JSt�i� %'� _'••'ems= .}i�. ..SCS;�y'e-`.ir.a a..� � � .FJ: �'Fs:_.> r.r.'.• •�7'•", s'.r,_-c. c 4"'S!:?f:''•�-: '..;.-n� +� _: rT`'� •.kE. �..;r�•.rtxmh -� J�;z��: #x,07. Estoppel Cartiticatea. Within 30 days �� Q •-�ysx�� .N;�; �- !i :S•�.'._.'IK•: Y��.�Fr 4'y .�'!i 'fir•••. �•..!_.;_ _ ..., :!� j..:1 �1.L..�:.- ...'_.:: .'. : • •''�`• •'iter written demand is delivered to lDeclarant and upon payment of a reaaonable !e! not to exceed l50,00) estab- ';; *; '' y;, a•� }'liahed by Declarant; there shall be recorded an Estoppel :l•""fi�•I�i-'f'Y-a�i�•.ila`i:s�;•Ls�iw'Y.r"� .� .. .�-a:tr�ir_..`r.=•_ ..•;+w.... _...:- ;1�.:.. L`� - • �At:s ;t Certillcaie executed�by Deolarant and certifying that an .•i �� -�..�i1 �.;`,'•::...':�:.��: '._:_;4,. ...-•�5:.>•.:. ••. ... _, :�' �:�=. •..f" •' ::. ..� .,: -'C� :"'if ±r,y?'�_'y..�i7 .yw �.( } ; vs;_"Vr- of thedatethereof either (i),any "designated Improvements r ��Fl=2 circ= k t r,'. :�'. �{=}.J•.. =I! made or other work done complies with the requirements of .. •'�..•.f' :.�i�'Y:.. f�lii�fJ�tjJn.. ,ip�"�:4ti^:1.. .1 •r"".t..J'-''..a. ..: •'3•+: •i i�'`: r•>: �.-..'.-:: ,-�-• - '. �:.~�.'..'[ r•�J '•'' - _ ,. t' "''S 'r • �' :i" '•• this Declaration, (13) such Improvements or cork do -not r- ....�.;ar; �r,��:..�t.��. .,.. ry'e's:. � - ,,.w . T. rs' - :.�.. •.t- %�"r�F.�.?�i _ �� k:':Y.L �%`r,, -'�": ��:. fie: (.:r,..,--.g.�:. .n:F•,. 1-.i lit.`s: p_�.. ... .�-..v '4:. T -' .. _i-- ..: ."+• _. .�: , OL` 'so comp lyin which ereni th! Certificate shall Identify iY�:f'• � '.i �y.•�•�`•' �r '-'f:''•. •y.;»�-.S, ' • a -•.. '.•e rSsr.:-.r'_ : t �'- .%-.72.:.?.'. ..f. t<<�.� :: s .. ;. _ .. �..r i� %1��.:•'-�. �� _. 'the`non-oomolying Improvemente�or work and set forth with . �;_,t J ;�:?,.'�3� e�i::�.�s'i'::•�'zii3•tr.-'•;. -_.... ;�.�: �'�..:��'f�Y�r.��3:.f •.. ,..:. .:..[�� •=�,r..• ••- .. -particularity the cause or causes for such nen-compliancy. . ... �_ •Ci.'t �. ,..'a`C�.�.` -' r:•,:.• :r.' .__- :. ..J ...••_ems°;;?A.F .,�.%._ ..Js:.::..... i. •: . ,�+•r .,... - - __ ;sales ��;]f..�`-,v'.: '. , p C encumbrancer In faith for rs tix• - .:- Afly lessee ur haler or umbrane _ .J� a: _T'- Ays, ��,�t„�y. 1 c t .,_ - . _._.. :• ^,:�- ? r.'a.i'�'; '".::':c�.`'a..:•,- _ _•.-.,..,. �..- s' � s t j�.."-=^�:,.. �'•'� �a,r_?'tom :�:' .. � �'r �• valf ahcLl'te entitled to rely such Certificate with =:_•: +�.. •* r tt �S{F •'•�.-.. , •,-_. �•, ...e•� �•.�.. � .J,:t`.J.•. _ .- ,.. ._ .- .. a.t_•�1i�.J�.�M1R • : r reaps - r, -� tlto c,att Sre set' fortis therein, etch =t} tera ,_ .� r - • - ];• �_` ; _c: � ,cY:uti@o 1nc•nhui e asbatwe n Declarant and all such auLeequent s: - y. - - it • - r -S ...._`A_:;:;;;,•,•.2i-'��=,:fi.••�; - �:. -. �_ .}ij .'�}�:;.tiM1irr'r parties in inters t �� +.; .�.;i�; ;,• � L �'{ +';fit -J t.7i,•• •..,., `.t � y.]•� ,�.r _ E __ -try. .,. ':r _ �-a•J�i�� a-'�+i',+�. ,k- j t--- -r � t r< . • !>t - , �,�"' �•"'' .. ' =�y€sdf � rF : t.� �cS_t -: f.•ir�'�•_..� - _ r �-. _£ r ,: �,� ....rj .-. ti s, s ;^_rySiw�4 rats Jay r: rt;' r �Yr ,YKr J x< '4.48:i.inbi3lty. ;beclarant shall -not be liable for any- damage, 1948 or prejudice suffered or claimed on / 'l-; •. SJ.' . - i' -r f•: wYJY!-. - L�:l,�tJ=+•.'i-_ '�( �,`.•. a.'r•I.sJ a':� �.: •: r._ _ .. i:�'!• �Nl.:'7;:• _• � _ _ .- account WF4(i) the approval 'or*disapproval of any plane, 'drawirigs and specifications whether or not defective; (ii) the conatruet2nn ar performance of any vork whathe'r or to purauarit to approved pinna, drawings and apeclfications ';� ;{iii?.the developmentr of any part of`the Property, o' (iv) +ri = ` r` ' :the -execution or filing of an Estoppel Certificate pursuant r ,to the preceding Section whether or not the facto therein •�'rie •, _ n_.. • - � :.i �, ts'• - : - r� 4-y'': r,:1 •• "S::•! 4 - -•''led.:. J. • �,1.. .. . �.y�'y� :'?: r:`��,-''-'( •t�s�t��.��'�ic"-�.t� ir•�stie :.'�'• a.Fi �°y'�-'i-ia'`'•3r';�^sf--�;s.c�.�s�'.� �. �:•_�tit �76if.:•iit+'F, i:.k`J..K',••,,” n^t1 5 ,��G•i�) �.:'i�'. ��. t3rr - .at�`�,'>:t,.^, _1.,.'%•'... ti_�` .'., F - � f: i.- .;{ � '�Sy+'� t V s's+.y cw.• *4 r-,vt -YaJ .: -eL'� • • .y�.r t5c; .. yJ'�.r.• t`• ^0r. iJ*ta-t+k`f4Fi.; !t 4�•ti s ar•a+,e�ti, i9 �+'� 5I9R�•';.3 il. vrYy ++r�•c ..�� ; �k�� .i►7+� �F' .J.�4�!t'-.t+•��iy�": -L ::•r�:'• •e.�• - -._.-_ �. >'. .. t I. ,::',Yr .c*7 i. ,: u tz: -�, 1. rte.• '• L rwi Nuz V- correct so long as Declarunt has acted In good faith V!Av on thi; 'bazda, of -tactual knowledge possessed by Lt. Ale - w. - PIN ev e n architectural revis fee • "-' -sh to Declarant it iuch tics aiihe acheMatic Phase or such plans and 4pteifleations are submitted for approval paned on the following schedule. {a).'(then the plans submitted arePrepared ]by -'a li6ensed architect, the architectural review rat shall be $100. (b) In all other cases the ALrah1tactural rtviow shall be $250. ARTICLE V. AIRPOET DISCLOSURE ZTATEMMT A 5.01. Orange County Airport Policy, Declarant hereby discloser that. The Orange County Airport may not be able to provide adequate air service for busineet.establish-' menta which rely on such service; (b,). When an alternate air facility is-availablo*o complete phase out or -jet service may occur at the Orange County Airport; 19. -0 ,, -�. '.. v'Fi3"'4u•.s -• ^: -. - },�- ;(,h^,:.- ,,,r,:i•.� � �y�%�4( •r r r;a`n?a ` .. r.:r _�'.a`F'�e:??.;.r�;' ��,�.-��^,;4 s.., .a"•�'.�.�s•,,:"•' vs:jra�S, ,� r'tis•:f,»: i (J :L ys+ fr{ .-4''as"",y'�'lf��•'•i' � i',�f . .•��..";yty.• +x . A � i 'r�,X{d4 - _�•� - _:_ .t - 'i •s t;:�•+4e _. 1Y,rj a' "=s�'�:t:';... F ., .�tirC_�.a+'kt tv., r '1 s`Z:y 'Y•Siti c i • , r ,.r: �j-...�•%��,`!'_'3;a-*:C'� � ,� r� �•'ah`,:'iic„--�,: �• .:-�:::,;f., �'t•..�.. Sl� ..� f:..a•:s �Lt } :,..,-5�:�w,{:� 4 :., T 3 ?t 4 5 • r• . Y .1 i G_.l'—r ,f .F `^IYL t1 alV� Y';y�t!il�J..•=4'.hk?+:�..�T+.'i�•,"�,.,s 7v��4 r+•:.•.WiC:r,.✓M[`'r�'-T"�H`�' Y"°ri. A��y,,` : '',., _,c !;: r•f,. �• „r_J,.r ••.: �--'_'�:_ - ... i:• '. _ --.-•.._,t-r:;y�f.•�'`r;'4 ice' ' - -- •%sr'iE.i` is: Jt•,...:.- Frv-:v_.{_, ,' ^. •. .,'•,� .'�;.:,,': '.•. rr.:•'-• t— n Yi..f�„r',' ��,I, City of Newport Beachmaycontinue _to' 'f es, • !! a •oppose additional commercial sir service expansion Qrangs County Airport; =4r; ;.::d�,.,,.'?"�:e:�c. vw •.J'r 'S•M '�; Z: '::. r: v^. -:•.r :�'a]..a, re.24 }•� 'i•.::c, •� +.Kf:, •.•ti. •s• �.9•�y�•, .{ '.i� .•' -, .�'•': .; f,, . •- . _ ... .ri3r; � r �'i'..-: .1e.�.:.a•'.'�1 .�. (d) Owners and Occupants may not actively oppbee any action taken by the City of Heliport BeacS to phase � j- �;- - �': out or listit jet air service at the Orange County Airport, ty s `.,,fir `'t`'-':'i'ifb �'�`y' , `�i r., j r -ARTICLE V1. - . �:.•.: • ;. '! r •f~'r DEVELOPMENT AND USE OF COMMOH AREAS °:3 .' S'A:''fit ':l�•t`T!::Eif{�. e4s.'^. .• . .. •y:'f.'t.•`?•i`•t� .• - `I J ;!i S; pyisr: r�`, - -- , ,... .v`ri• __ _ •,t<,ii: 1:.a..��; ,.. fes• s.r�•_ 1: ?'. - _ ';irts` _"� • 6.01. In rovement of Common Areas. Declarant ti; 'tri• s �ahas undertaken the installation of oertaln improvements .•:: �• =.: r .' on the Coemtion Areas 'such an walkways, bikeways, a lake, rlandsoaped perimeter berms, and utilities. In addition►, Declarant shall impose upon the various grantees of Parcels ,-�; iii ��ti�e,•r'' d� - _ _. _� -of the Property or undivided intarests therein the obligation 1:r to install certair- other Common Area facilities such as 'Ian pins � The allocation of coats and reeponsibilitX •�'•,: for maintaining such Common Areae shall be as set forth 3n'f ,1' •� '�. r<_. - a _ -., ._ ,!., j.. • . -. jam•..._ •;s•�,�T_••� - _ =Article'VIII and ii hereof. Declarant shall have the sole :x ;• .: "'�'rfght_�to. determine or alter the boundaries or the Common Areae except that: (i) any Portion of n Parcel to be 4 = deaignated as aJ Com>xon Area must be no denignatod IWthe k�`•= °'• • - `:`� deed of such Parcel to the grantee thereof and mar not= : hereafter be'altered,_ and (ii) no portion of a Bui131ng ,_bite way be designated as a Common Area. b.: •;= rn- 6.02. occupancy Rights to Carman Arena. EAch • " t Owner or Occupant or any parcel of the Property or an ,-•-- 20. F ..}-.y..,��* -' _••!, Y'f"� � �'rt}��•j77=las.yl' ;''".•r—`•'^ .Q.• f `� Oxy - v,xw � CS ei r4 M _ •..74,7R�v "”` :RCi.'�iiajs:aN� i h'�`" fix_. -- `' - -. •, -•.. _ 1 8. n,� - 0 x T X11'4w f�, 7.A*..1 V undivided interest therein shall have the non-exclusive right to use the Common Areas, and the facilities Cori- Y.3- structed"th'areon, for the purposes permitted herein In 4` common with all other Ovmer6 and Occupants, and their ',Such A Z.3r7-:- "este and invitees. Common Area right or u- is appurtenant to and in incident of the ownership of a Parcel or an undivided interest in a Lot, and such Use shall be limited to that reasonable necessary or Incidental 'to the coriCtruCtiOn, Use, occupancy and maintenance f ".-.1mprovements construoted by or owned by Owners of portions or or interests In the Property. z. ARTICLE VII DEVELOPMENT AND USE -OF COMMON NAKINO AREAS 7.01. Dryelopmant of Common P&rklnn Areas. Each Build3ng'31te Ownibr shall, is a condition of the conveyance to him of his Building Site, be obligated to construct, on his designatr4 Development Area, parking facilities adequate to serve the Improjementa to be constructed an the'Building Site within such Development Area. The d erlidnilion or th W et a adequacy'of such parking facilities be governed by the requirements or the Development Standards; provided, however, that Declarant may, at the time of conveyance of an undivided interest, impose upon tne graritee thereof the obligation to construct more,'but not loss, parking, than required by the Development Standards, 7,02. PESIrEocal Hi&htn or Use, Each Buildinr Site turner, and the Occupants of the Improvements located a� ... .. WA 21. -4 1Z Lu M shall have And are hereb, Grartad reciproca nC)n_e x I elusive to Uan, all parking areas construe=x q *6 M,pmrptr ant, to s6;tj v� an 01, above _% - 7 such parking areas' -'44-'q,1 herein designated a' t wr a he Common Parking -Areas) is - Z h areag may ex st.from time tf) time,. In connection-- th their respective Una and occupancy of their portions .O the Property..The Common Parking Areas shall be available for use 4'all Building 3 ite Owners and the Occupants thereof, their"'';'; ,r ' guests and their buninavaL eti.*:,4- nviteea.— Declarant, with the consent and agreement of I— -any Owner of' any Common Parking AreaJ. shall have the :-IS 4, - right to alter the configuration or location of am park r ng Or driveways.2- located In such Common Parking Area' L, Provided that the total RY&IIIJbI&rking in such Common Parking Area may not'be reduced below- thatUir, req (i d by the Development Star-J&rda. �No trucks, 'campers, trailers k.t:JL �,or heavy equipment -may be parked or located on tho Commmon Parking Axnas exceut; M in connection with the Const tion or repair thereof or in connection with the construe- onp Maintenanc- and repair of Improvement5'andjor• Comm n Arena; (Si) in Feeignated truck parking areas';(li1") in loading zones; and (iv) In cane of emergeno' Y. TICLE AH 'Vill S, MAINTENANCE .01. Decl&,,antla onaibilit So long as Declarant owns my portion of or Intereat in "-the Property, Declarant shall maintain and repair . all Common Areas, all Common racking Areas and all parking 22. 44v "A 131 t M1,� y, it _ ; j._ v � :�y •.i:?}. '. f'.:.-. •r.i ,. ..:f:w r.7• :� .r _ f')%•7��1.<: v�.iC�% Vii: C_ _ � ', - = Ji S. _ — �Y,:� •-:t ' 'i N:.}� - - s+'Hs • � ,, ff. •.. � _• j F.`.. .•l.(ii� 1��':, • :., t��. i. � .*, :��,. i .' f. O .• 'fes: C ''w" �•w'-A•lsd=:� '•A.Y J t' ••�� _ • '� r v 1; ;;! •''. KCcj .' _ P4 qfl .. • '`"'�'. • :�(�. a4 �� . i. r��'?;.'itt ., •�?• ^;H;i....4 .��f �-.'liu_ rF;+ ��r .3:,S�Ir�•�x •.';•;•.. Sc . �•E .;7i•ai<C �'ik?y�+'v• •,..r j'-}rsF'v�!7SiZ+1'',+�'s2.y•_`., ,`' C't•+sil•,r•...r•� _ itf.c:G �''Y':Cyy<`.• .,,-'.',: �� :. .J .'__ , .. �:. ��,,��pp�� y...s^4'��ra-.• •mss. ; ,,. • ,,r ''�i�Y. ,��. 1 S. r Fy.rr.. �.. �,.. 3.- .. �;:". �_ ^f'1+.. r. +S..M.�••.-.-rW •.r_.�i .Y'v.,. 'S&' !�'' �'�j�`3'rr �;;.�.R� �yr��,•,.ar?,•:ti]•,4'.H =.i •y4r�p*, y•.:•„�n',... iuf: ��''.�.••f="?''f•"+tfi•�'*+�"ri�:=.'..t'.•`• .: ��"itl..y:.';��e�••� '��•-ter• • `�`i. � •i+; 7J; � . r••iry,�,r (yk�.0 SJtir��:.�: n~[': 5� r. �`!sj' xr `S .. 1 - �"H •: 'Z. S 1-y�}, _'";t +6 � =yi�<,,'fx r••.••�i � - "..�, p vi.,. K;i f 4� Y' _ r f' ��.. � r.r'�., • -r r ' ' - v_, • _ MT, aze'r" :'i�`�ti}�: [sem _� r•:1�� r 'F'� . � r.s ,,tj,�v.. }:. :: .; ro - e i -i _ -. f• s r• r•� +� ;:.:•-, '.;: _-' "h•,t. r.r'k`-"•' "•��Sr'�n. '�c<�;•�..',. .r. r5: '`_. _.i•Yk�nr�SrLef:r�wl�i3L>+Y'��'r��.,fst.��N.•.fi.ct`�°rIN•'Yc``y�+H-.ti.sy}��.y�%: ��. win y i-�•t.-,.. .•l •.:• _ sI a � . _� .;t'i,• r? � •, .'. i u. ,,32xi ip-<r.x Tfacilit�.aa lacated on Parcels .' 'Such maintenance ��,,�,{=>y -,: •• and. repai r,•'t;;kie;x:4?::f'diitv."i%til�a#' ::'^f•i,.t.ab�f,+�i+.: "t+; .>" o ..:,;:. a r,.., _ _i�• '%ils hall include `without ifmitation. .�.t:,Tx' x�ryi-.ir.::t�l+t',•I..i' ,�.�:ii.. - .._.t.C?I'F;r�i ..'tl•._Y�. <2z: _ '__C �C�.r•...`� •�y •� •�:•l�L1 L.Nar" �4�, r- ,r V • �c< Y�a' E �' •t �•�9�srs• �yz�/5� `. }�. +�{.ya�'. {��, ��,f,�,i•• • •r•.. .i •'•:: ISVe., �.; NyY'7. •. a 3 . i t .�_ .<R 't,.•'�� r ';�' •"'semi }1l'• �•'s /�� K . •r•r.i '•:".-rot �� i - 3-Yi. w_ .-� i`•=. s- s. - .:'i`)-?r.a. W =]lFrr r :�s�,:: o ;�;�, =��y�;�:)� `� a), llaintenanca of the surface of •all parking ••��; � .•y:`. f`? ^' J- � � rams,' driveways, ralkxays and pike�+aye in a clean and . %'�sir'';.c,+ta.�s'.;.+=+.'�i8 .+, .. .: .-.�.. r»- ':?. �� ... ••;=ti�' s.- _ .•'..• rr 'r Ae condition, Including the paving and'repairing of%t r yi < _�-"'�s � � � e wL•�i�•surfacing and resurfacing of such areas whin necessary < •• '- sjc r —with the type of material originally Installed therein a•. a-; ! � _i, ,1. .. ..._..•.. .?.;.: a •:vu.,.. :•%a :,: -.., "..� •: :J.:.nis?rMtY •s.: `• �i:r:�::-':�•1�. �;,�.f•�aC:or such substitute therefor as shall in All respects. bR equal thereto in '..;,fir: �,:'':�.•�::��• '�'::;�'F•.si.,- . qualit-y, appearance and durabilitwy, ; ,, i• ..•,' t• `r?:x�.�r•'; :,•_,the removal of debris anwaste d a r,- : ',•. .:' sac , m tarials and the• __ we or sxeeSri of r P g payed areae an required; the +ti r;•,:,�.; painting lnd•repalnting of striping, markers and ?w:4�• w _ direotional signs n •required B a �,; ::''.. rte, ,:,,�..� .•�,i,..;;.: �_ <�;:t.:x•��:, N. ,..,.-,.,.•.: _ .'�• .L •dal.. � ':r `•>.�i4- i•}. '',� - "Y: �':'`. •': f'• •.ti�.�,1 .� ca'rw:L�.:_r �{fin^ ..•. t�.•Y - `Sri• tyt%' •�•A:. ='.'%i ''fi ��.b•.: .•,r�rr�• %":�-i--'.n:•• ��`fyM,.�,,"•`�`fgtF+�g!i'.�>=Y.trr«fir'•:;:• _ b Cleariin ff, m4_+ ntenance and•`relxmping of any. r `.�.i Vit. `r . _ ;.0 � ,'�v;:...•` ' ' .. - .;:, i, .; ..:.,. • :.'.. • : .; :- '_' � ,. • 7";?:�'`�Y�YldG3••��,,,�lr�'�i�:�;�:- . �.•;ii'.-,=-' ,•external••11Khting fixtures except such fixtures• A6� ,"•, ' •'y7 -r��'��j''r i:•t}:r .i. �,.: -.- +;°. �.: ..,' .:, •',: _. _ ,- `- y. ...••16i•. cys-';; ..•.. `t " . �' ; say be thr property of any utility or governmentalY"" y. ,. ,i -- it 4.• .i .r, t ..... �:�,.:tt 't:=`'� • -�..3 w e j�.+fe N y ` ^.i r&� '• .. -r, .t�`"_��.r"b^r„5'.• } ryft f iC �, i % ai• riY r,M1 '.tel iii t.C-k•rt'=' Y`1& 3•: �.%r k,* 3�'�L.t:�,tiSa .+~ _ }�'-•� �1 ,I r.��4�`'�•if'�� O''~+ Y •,4 • ';1:: 3w _ {4 y:. u•3-'.}' , .-{,.�:n ..3., i?.,...•'„ if 31 --a y: •,fw :,:E_`` yl7k _: r- �;�e�^•i,y F.^ ; tC� PerforffinnCe OC necessary malntenance of n12 ki'• w _.. °,Vy c y ••i , landscaping as required anywhere'onthe Property (not • ' r ; tr °., r 4 4merely within the Common Areas or the Common Parking Areas);.inc luding~the 'trimming,,' watering and rYarttlixa_. tion of all grass, ground cover, shrubr and trtea ..:i�,T''3'i•''-t r_'1;,�.t ='til _ , • - .�:`rw-}.y;.��:sremoval of dead or waste material and replacaosent 'ar -_ an dead or diseased , ground cover, shrubs orr 7 grass 0~► '' trees, ^ ; 23. i'L ,e i,L vre�ft`i :i47a�� , fiLt�lSi}tb'�' •.�L z '•' � .� .,� ��y,....-._''w.�. 7.`��li�rC•zic?s-:+fie' �.riz �: � ,,.�_ ,��.w..�_. •� �._.�_ ;-;�•�. � -,� .. • in:_iar •_rr.•.Y.•--•.•c��:}.>••ifi%,tt'°...._rs,�:�.n'r..�y.- ..C+-s?7<- _ r' 'y...n• eij.'S�s�s�'t .••y.:< p - r r.wl�d�iy�':,.��w,,r}'� 4'.Z '�".:c. .. �f '7►a..r�. J2'y•- Y<ls•1Am 1••••wK--..r. . ,LL:w tt. -..w�r}.'w .. {�{„--t-�;}];(i•�i•thr,...•. .' ;.i , 'r 2, ;' WRY 'yam r r% a 'o I trash 'an �eneritad from all Improvements located on any portion Of the Pro)pertY. R Cc A - .. I.;.:; "C3 (e, J Maintenance o eral public liability A., N-4 ,::Insurance for the benefit of Declarant and all ow 3 ns -7", Ud Occupant a against c jai* me for bodily injury, death 4r property damage -occurring on in 0 ;bout t h Areas and the Common Parking Areas and tt* �:V�K-' ad joining oining atreetw, sidewalks an'd' '4• 'but-.''&%' —70.1'not within any Oxclusiva Building'ilt'� or th'g-Improve- ments thereon or within any Building located on IL Parcel Cal or within any other area'within the exclusive control of any Owner Or Occupant, such insurance' - — to� afford prote&tion of not 18A& than $1,000,000 wwith --'respect to bodily injury or death tc; any one person, T' not loan than $5,000,000 with rem Peat ,to any one accident, and not less than ;1,000,000 with to property Jamage. Notwlahatanding the provLs'io" na of Article x T:AN-tv hereof, in the event that maintenance of landscaping shall involve extraordinary cost or expense -Is to the -use by ..an Owner or Occupant exotic or sensitive plants or landscaping ma6erialat or in the event that trash and rubbish removal from any Parcel or Building Size shall result In disproportionate or extraordinary cost or expense due . to disproportionate production of trash and rubbish from such Parcel Or DuildIng Site., SUCh Oddi- -tional coot or expense Mall not be included u ;d in the pro- rated maintenance copra, but ahall be separately allocated cli -J Z) 24. I ri I Z 'and charged to suet- Caner in the same manner as the normal pro -rated maintenance charges. 8.02. owner's Maintene;.ce Responsibility. :7 Ca Each Building Site Owner shall be responsible for the maintenance of its Building Site and the Improvements con- -4 struoted thereon and each Parcel Owner shall be responsible 0 4 for the maintenance of his Parcel and all Improvements con- structed on his Parcel, Including the maintenance or repair or any utility lines which service said owner's Parcel, Building Site and/or Improvements, but excluding the main- ten&nae of landscaping and parking facilities and the removal of trash and rubbish. 8.03. Maintenance by Architectural Committee. At such time as Declarant no longer owns any portion of or interest In the Property, Declarant may assign and delegate .-the aforesaid maintenance obligation to the Architectural CoRtMittee described In Section 11.04 hereof. Should the Architectural Cow..ittea be unwilling or unable to assume such obligation, or atter initially assuming such obligation shall thereafter be unable or unwilling to continue such obligation, then the obligation to maintain the Common ..-_Areas and facilities located thereon shall be assigned and delegated to the Owners pro rata in accordance with their ownership interesta. In such event, 51% in Interest.of the Owners (determined In the manner described In Sectich 11.01 hereof) shall have the richt to designate a main- tenance operator ,,and from time to time to replace auch operator, to perform all of the maintenance nbligatinns A Q,-� e rY described In this n The designation by 515 vi� r a &I be binding 4p& �he Ovnaia .V C ouch. an vperato er tbmars. Z - Z[V IX. TICLE ZA,0.•3•gV -tp ., . ' ' :1� MAINTENANCE COSTS AND PROPERTY TAXjS �-ALLOCATION OF It AAZ L 12 ,v ;VVI-TAI;:��-- 9.01. PrIn "I Al 0 t is the tent ion of this Declaration and by acceptant* of ti to A f interest I n rty a& ow"'i o or Int r t the ?rope ch r -nor shall pa 0 such Ow y an appropriate share or the1 cost of the maIntonance d escribed In Article Vill .'hereof And that each Owner ohall be respon0ble for ' he t property taxes attributable to his Interest In the Property. for'.tho purpose of such allocation, maid costs and taxes shall be divided Into the following categories: (a) The cost of maintenance of the lake and the barma and the payment of all propr.,ty taxes attributable to .he lake and the berms; 4b The •.'Qst OC,nalntenance of all ComuL on Areas other than th.-, lake and the berms; 1•:-(c) The cost' of maintenance of the Common Parking 4". Areae; The payment of property Mixes attributable to all Development Areas, excluding, however, taxes attributable to PuildIng Sites or the Improvements constructed thereon; '0 A - - _ _ _ •,rte -.,w ' ... . • : . .-��,Yz:" y .^.ir ---^r �`7,•: - r :,=:5:: - "'-�rv;�t: �`:!a 5 *'t4tf' - 1`+�e>tC"y `:::�S.i tr is :•r• • • LLa • wil. •{4•S i�Ij �:S «'� � .=F„ tis,!-'::Zati .,.-. - .. �... - - w...� s v .«irr ' %; +.: ��yt.";y. : "�i•'a >,t ., - .- ....e apta:ym�ern't v+opy.-.r. o•:cpivety --'i'a�..x�.e.a„tr• ai",- 'b • auJE,}=afS'lh. YSilrSe�;rK?�•:ri�".'. a Y31�-;:;? r,- _ " :'k'. Building -Sis as and the Improvements lccnted thereon;" •• ••~ ,`i n'tl .Y yy. �;, S -mit-.:, ri..:S. •f':.i�'/-w1T �s:: T' �J a'y rHlry��.-�52* :.-k .. .v'.=r, �. �`�Kr'F:Z?r_•1'4._i��i.rk •�riy'��,.e.•it• _r�u'��',-•.1��; 11 t:•�rilki �l�. f�L'a;•y. l�r'�e.'Y'%�'�'�'.�?T.:J•T"JT'1tt�r+��t•�•!® 3. • .�. ,�• .1. '.'; - ^a: r, v.s•� :S'.•ts, .�F �'�� HrZ,.'(YiYrr7�=i;4tT', y��}•••+i .•-;..';;•yf) The cotst of maintenance of parking arias p _ - , .'hr <e. - :. t:s ^'i4,.j�•ttt,r `� F._•wsss�`J;^.'•-�fw1.•.i�R. W , , '-and.landacaping locatedY'`iiithirt Parcels;`?;t-`>''+:ze":= •• 'j •Z,r' sxr F+�k.'.s -y' tC,.y- 3'• , {'��'4r.'k:�i'ih�t'� ei`•, ..:_1r•. ''4i `'., �*%.-"s =e: �J•aa?•1Fr', rs.*.?h,.`..C� - 1 .r "i ., 'a .� �r- F•`. h i ii'.ah�?•e,'�,.t�7 tti't•(.'/+�F�•.-; <i �=i �1 ;'• (g} The payment of property�. taxes attributable `�� } Q to• r 'r`-- ;k'. ....... : ,. „:.y:'t .:7�•::•. - _•iR' r.I�•. -yit. t.;a; :-.� •r. :�a, '•. �' � ,'.. _ - - :':F Parcels. - •sr:�` s:��2`r,�s.;�7•;. .rte s=l;•'r-; ��Jf-:•. �.r: z:t...-r , - ...t• n:•.F7J i.. '.Y r- it -'F. Y �T s.*,'..:' Vie+ µ z: l�r''f• F•Y'J,s ,•1 t.� f+� `` t _ -y'r ':"r•9'x".•.•i- •r�•:l, rl,._ F.•'.5.."4�,:..'e-'.�a:�_ w•.::.Ft�i'3:2•.Y�r; , .-:•. •4�•J.•. 9.02. Allocation of the Cost of Maintenance of the Lake and Berm . -.Each Omer shall share pro rata in the cost of maintaining the lake and the berms and the property taxes rattributable +thereto. YThe pro rata obligation :of an Owner -under this Section shall be a Traction, the '- numerator of which shall be the gross square footage of such + Owner's Parcel or Building Site and the denominator of which shall be the groes square footage of the Property.- The gross --square footage deemed to be owned by a Building Site Owner for purposes of this section shall be calculated according to -f•t_, the followingformula: -A x (X -Y where: • ); A equals a Build- ing Site Owner's Flaor Area Allocation; B equals the Allowable -` Building Area.for :,he Lot within such Owner's Building Site `A" Is located; X equals the gross square footage of said as shown on Tracy Map 17953; and Y equals the groes square 4,F footage of all Parcels within said Lot theretofore conveyed to Parcel Owners. For the purpose of allocating the coats -` described in this Section. Declarant shall be considered an - ;rr-Prer as to any Allowable Building Area not theretofore hY 'allocated to a -Building Site Owner or as to any portions or the Property owned by Declarant which are reserved for uses . other than Pro res sional and Business Orrice uae. - �7' " ..�:7a ,' � •". �5_ •`^.:iffv�$� � t�-•1�-�ta�?'�,•��i:'1'�'S' �:,.•. +...-"LT f •�+•, - of •- - - .�.- •; 4 - ... + {�-.{r�„a�-.t:�;;_=�:•�.i'-F ':��: a•��tit'`��'. •_ rr-.� - •• •• .- . •. a _..._--•-r.-�'a'�'�_`�i>•a -'._ _r:':. "'i -. I, q - nA A•:.•Y}-. %! - -ter z.-•!�'^ L" -r?.?+{S'i�'..4.• }�z[sr:•;h �iJ ;?=l•�:,a;. .'_r!iY�l✓"'.•-•,r:•ir:• K-�.-. �T'r•.• „=-`.t •_:•;,�,'�• /_�.--.•,.' ,l �,�• - '�• il�G'• -. r, f..%iY"""r;.-.l?�'�,4:',"'•"C!'{r?: �° ''•� ::e��r �;Yr"[."". .s _ . `t r +3;.� ^7[; 9•. V. --ocation° of cent' intenance'of .:k'-�3,~%a,1.a. 7^�, ,.:7r'ai%S]••�.Y:•f.+".:, .... .; is r fir.... -,.r'.'• r, r - -•i bt ',she~ caa ;;;;� tscr'Comiuori 'Area F pt. iQeintaining all Conmcnt. 3"8e �; "' �'.t�;F�:r .,��+fi7tc'Fw....�•�,�esr•��i::. : �; ;: • �y�:�r— ' Other, than the ~lake and berms 'shall_ b•a allocated proms Y r t�zrata among ,all -Owners other than Dealarxnt. .For the pun- �`:'.O .,;' .C- '-!: x,44 :'n •1'�i; ti'. •-,.�` `T� F -•_,•-•• 1!r�d .-., z',.y:i �� •:,'•• '-,e• �.�t,-. .•e ,- ,•..: - •.. ,H �. �' +�+ }}; .•5 �` - - 'pose of allocating then costa described in this Section, r.tik01X. • ` ;�= •*^:.fY:,• >>�•. :iti •:::��:.: :ry•-:k �''•4r... - :-.}. :1 �'iL'fNk!i::.YY. •'s a•:' •.r�.�er:.�••',�-'•'::t••••r �:. !..r �: i•Y is '. � the pro ,rata intaraet:ofran-Owner shall' De'i,fraation-'° 0". ,--+.� r hT rr..•/f•�'i.-.:�e?�!iii� .. ,�r..lr++:?;:`::: �-Yr'X4rYs'i; ��3: ;.<:�•',�,-'�;Y:• MY:liri :..:.4.+.�1,� '�r�� the'numet�ra�tor of which shall be the groie square footage ��'•�w.•T_�•TK''.�(�;: Y�fY�?i',i_.'7?r'%`ax!`�:�:�Ru f'::." 'i;,:,r�.fik+�,a .a•....�r_*;.i'S ..' '�.Q -�`�C�y+ ., :.a: L, �.,y� ;.-ij;•• ter' P,! t.... :^,�+.,• � �i,: �v ' � _ of such Owner's Parcel ar Building Site (computed in;; `� _ ; xa ,�s#' �{ ".V� S. Y.F •'r'.I,i Ji+r- ;-"�'!L Ste• �,t:'i.'-: �.i-�•.' •: .•..' Wi �- ie.;: Y,::. !"' iii ,,yy t'' i7 _ ++ .a, ,• ;:t' accordance with the formula set forth in Section 9:02 ;eie_�i(?ay? - ='•hereof? and the denominator of Which shall be the mum of 4 ` • , • .• - -'-(I) the groes square footage of all Pamela theretofore 1"r t '•;Z .`' r'"•�• �':.,;��?.trL9*�r._v_•.r,Tf�'�: 1.:=?:"J t; •,.•s`.: -..: •'s: - ..,. .. _.. .. ... .. ... .. _.-'':r�.•.r. °'.ii,',�:r'•v:�.•c �'•.. sold by Declarant; plus (!i), the total of the gross square :F. 4'T'',•"' -1 S"t:i13:•a:Y�Ix.'' :..: ,; ::C,.ya9f...irFe.:.i: �•yf z... :r ;.::..• .•• f J•r:,y� •�•'! z,•t'footare attributable "to Building Sites ,.computed in :9rY{ .-�y,' F ro,>.,rt .. •r. t. , ..'-,.,, -•l F:. y , Ts(` �j.z v;€.~: �:.:ii':,trk; 4..-.. .-f :=�;r:: ice'. r,!:. ..- - 5�:•. .... .r_: �;+: �`�•x'�;.'�? �''}^•`�*^r ^ accordance with the formula sept foreh in Section 9.02 -,'�tt`f�'i7:;�-{3':£i��:.�.]S'1:#�r�::ir%i'J��.it4' ::a`,�t!}- :`i:.�,ci,�Srr •'��''1'•e.S3YpT'+�.?;4•:3;: .',4t_..�-: xt''''7YitJ�Y .7 �'~•��?=i: 7 ` y ,•:hereof. . %:'fir i•r' i�`-i- -_ r .A� z k•t r> Jam...: ::_: -e- -C `:'J •' '. • ,� •, =:'J.:. sYaQ ,. �'i'Y"'�••: f L _ rf_h , �F7c:`�,k�?l,}%'.yr, •._ ir-..�.%::2:-rp.:;•t�', r,?�•.;:r'; ,• r�. •.t - =H=- ,..ir .z'.%"" 7 �;. i-rT4�Fr f�Ar:j"h: ti`•"-.. +� ` ��,`er .. ; :. s, .,.L. , .,s "': ,r - - r '. :�.i': •'.: �.j-t�'�. • +t� ' Off, s _. 9r.04.=.Aliocation of at of 14aintenance~of 'F `Ccmmon•Parking Areas, The aomt of maintaining the Common ";::Perking Areas shall be allocated pro rata among theBuild— ins Site Owners. ` f�cr rthe purpose of auod allocation, the rata obligation of each Building Site Owner -for such _oomts shall be a fraotion, the numerator of which shall be such Building Site Owner's Floor Area Allocation ■nd the denominator of which shall be the total of all Floor Allo—, •.�s''+�P �i��;��W,.x7?;':,-�, �="'r_ '��i•.}�ji r.t ^.::•.-.. ;�.:�:.'... �;. �.:.., ._ ....••s• .x -r, -i „�y.t' . u;.cations' which have been assigned from time to time. - :_ _. J 7+_ Kiiy r' t, ::• :. 'r,; r .r. t. f sv.F: <•.;', t: S•fs^'.SY � yti:},.t i�=';,r Jf:': ' rv�?�:r - :lar f" •'-.-'7 ..•t � .. , ` _ . � h,{N _ .. .rt.r-a�r>`�'{�``<,"'ti^cai'f: •d, `i; �,.+f}r moi': y'1.ti.:ir...i•�: :ii��nit�f,�: 1•S�1.L+•�';�:5- - __ _ ..`l �s:;.ti:,.•�:-:=.�. �� s.• 4, c •, , .°; ::L ,-��. -� ,y. .ate}•F... ,.titer:=-•�i•� .: '` .-'.- .x ,r:_ ... ,- :c.4,. • .. � ''Tiff ! i �sIT��•'Ct4ii{i :'i'�`.'. , .�F`' .• - a.: �Ki' -- .. , a. .:3 a:;,:. • :� hns?y �'r:: . f : `'t,9.05 Allocation of Development Ara& Taxes, -- ..ti.r-�l<'.•:i��-.^^; The property taxes attributable to the Development Areas. ` ding the Building Sites and the improvamonti located ' _ 5.:4 `• 4' d.:: thereon) oh^I1- be allocated pro rata among the SuildinP Sita Owners, such allocation to be determined in the name manner set forth in Section 9.04 above. - 28. � s� r. � C S. ij � ijj��``yy''��f ,� . - ..i�+�'i �•r'�a i�v`�1�ii� � ,4' . y- ,�. .. •' ,�-i�•h.4i .f04 ter.., i('�.., M A, �Sf.�•�" i�.: ,%4r'• Y '�-^,7"' g .J,;• .7,. "I V�' f ',�ri�k+m"p,RI. 9x-1^" >� .''i`^'i� iw�skC •t�.�:•. ' FY • ` esiYti rl=1.i:-r •a: .s' •\��r� f,•+L. �'�; .J .r_ :�.- ...F.::.., 'tom •'f," 4- �-'•• �' J. •- --rpp=ry. '1 ..+S14,. ''w. -S S-. :: (Y - ., '- • i � S•., +Lti j' '..i•� :s N y.. .•?i'�t. a• .7;�•r �:::.�..y. r. t+'•' '.'-y,• .-J_r+; r+�,•�. •�''f' :l'.:fr ..•vt sy!, •S�'.Y:': •iir•:t j; 4: N..: r:;1. .i•'w t r, - - 946Al10c&ti13n Of Tax VW - -' es On Bulldin&'Site ti -g! Building Slie Owner al all pay the property x es ty -at r butable to h1a:Building Site and t 'o the Improvements 7 -CO v �Y 9. DT. Allocation or Malntan' ance of Parking hreaa an Parcels.,:-', Each Parcel Owner shall 'pay the entire cost of 1;11.;M' -.' maintaining the parking area located an such Owner's Parcel. get,., Allocation of Taxes -n Parcels: Each Ewt....... Parcel Owner Wis I I pay all real property taxes assessed Iry _Y against such Owner's Parcel. % 9.09. Other Taxes Decl ant *hall be obligited 7"to Pay all real property taxes aztribut'&'ble to portions. cif '. % the Property other than Development Areas, Parcels, the lake or berms. ...9.10. -computation of MaIntsnance Costs. All or the costs incurred by Declarant to perrorm its obligations set rorth In Section 8.01 hereof shall be allocated by Declarant among the various categories set rarth In Section 9.01 hereof, •su :h allocation to be made In accordance' xith generally accepted accounting principles. Such costs shall include All of' Declarants actual out-of-pocket expenses to perform such services, the cost of administration thereof, including the cost of Lccouaiting for the computation and J. collection of maintenance costs, a reasonable reserve fo' ar r 1 ..4,- delinquent accounts plus any costs incurred' to -provide % -i. 'security to the Property, all or ouch costs to be determined 29. -M- We Y.' A d. :4_w r —0. 14 Z, .4 _ !r� • ��,_'�F,k,;,i:te'. �� -.= .:�.,`.r .�.•.-_ti.:-�-r%y::�`.Eno:�; a_! -y:_ -Y:- .'~ ;�= j�. •}s...�;• '41ir_;V. YiW maw. ;�`n,rY``•!.�-��F:,'.��:SFY:.-y�i4T.� .r�s £�i".=K;:•:•;�'•r3��Y`-fi?�`�n�,��i,'.,�n3y- iy�'�+�.Sr�Ea.'4d.4+�'4l c^= - - ,��' `r.J..i. v+ toa:^r+•ii• "ate�►.. ,s,,+•ate a s ;2•ry. -.;•r� �„�•y �:� fel. �`:. •,:. .-•- ,t,. J• •'w. i - '. ; •'.�,:. s..,. ~ 3.;�i;• .�. ... - ;•�;,, 'i::': �i'?: •�-; • ��•_:. '�` ^�:i�"='^r rZ��.� �"ti°y,C'.'=�f•' S F �rt±�,�� }..:.�, •:�,: ~lri accordance 4xlt4t�. Isms . -•_'.. -.~• �. �, . ? ..;r..., . w.''',••- q rally accepted accounting principles coneletentl7 ay. ailed.. '..a:::�f:'i„1C7 j•'}::;, :.»}-4 ssJ.. -. �i^' :'i."i .��:d VSsi `ii �'.. :r' -'±r•-' ':a.:1^'': .. .:.�'.t.ti �t:� v .{�. :-�.. ^i: -. ry,.• ..`{+:`- � ::r.•r - •'w;�sri ^•3Kr... iy :. - ``:"', r 9.11. Assesamtnt of Coats. A11 estimated costa C_ expenses orJ maintenance except those attributable to -, • 's-r..!s•,. ? sJYt.4t'•'•�4 .::' - . - . _ -. -•-. __ . - •:.-:! .,. - a :'.w•'t.vr.a-+„i•.^,�i�'' �• "r` r,renl property taxes shall be assessed in adrance by Declarant '�:j • 0. '•.> •• :<•or any subsequent maintenance operator "and billed to. -rack =�• . ` :i:.:,_n•`-lav-•,7'••:.' - •-.1/0wner not lose frequently than once sash calender quarter. r -. Such asaeeBments shell be paid by each Omer promptly. upon receipt theror. The amount, if any, by which any sseess- *',`,: ?menta reeeired in advance frva any Omer exceed 'Owner's actual share of maintenance expenses for a bllling period shall be credited against the estimated costa and expenses for the ensulnR hilling period. When Deolarant shall attempt to haYe each Owrfer's ap- propriate property taxes separately nasessed directly to much Omer'B inter eat _in the Property, Taxes which are riot T so enparately asnessed shall be allocated by Declarant to -..gin.-•-r;=' :.. j, the Yarious categories not forth in this Article and shall be billed to ea)h owner Be soon as reasonably possible after ` _ receipt of the tax bills from the taxing agency. Each owner =E� .'hall remit 0•1e halt of his pro rata are or such taxer -• prior to Deeiaber 1 of each year and the balance prior to ��-April 1 of the following year, An Owner'a Obligation for _ the -various maintenance costs get forth in Sections 9,02, 9,05, 9.06, 9.07, 9.08 and 9.09 shall commence an of the first Oar of the first fall month atter the conveyance to him from Declarant of hie Interest or estate in the Property. An Owner's obit ation for th' v R arioue malntennnce coats set 0.14; '"-'•`, :_ forth in Seatians 9.03 and 9.04 ahaii comm*nce as Of the rirst ` day of the first full month after the earlier of { i) the- -completion hy. completion {as rvl+lenoad eithnr by the filing of a HOtire - O 'Y _ Y ■ 1 •(� �l i fFJ -_ �+� '- �,y ar.� - '� ��'_ 1 . M.' 1�: '1 •: :t- (. :��-Y�^ 'L } ��s `l:lirauL"ii tiYi'��'!��.:.,'�4'tiLi'i�i.• :.':li:.`i_1''1,�S�.JF•.''r- .".Ss',$Jr{?, �is�n,r.R li�•��t',��t,-_ 'i.�'��;�-�-i.. _�- - :.ha•�•�� +�`:. .r�x_e. l`�•'.;�.. r:.. •.��'+.•-'-!a'aJ, �•S.t; a�• _H,,r;. a. ?�' :-�(,y., - .. - • �« � ra.:!:�::.�-:��si�'.��F?.t.�.�.�.ti,•';'q'ca�.�i`i�Na��fi.'C•::k � L".ff.'i'`' ~.;`•:. .-.. ->„'• i 0 4- 1@ 4 f 46U mh i ;,U*n,n.*L, 'A _-Certificate of o6o'upaoicy) r1b r jsuc�, the4 sctI1'occupaney Any _0 A., r Portion or such TmproverijenEd 1Occupant, Owners ..Z,: 7 W suboequen ly convey y.leii� tntirestB the Propirty o co Mothers shall prorate their maintenance and tak BotlessrDent ".4; •i:;4 aucli Manner as they and their grantees 4, -7 ,�,v ;-, ARTICLE X. L �NFORCFMENT -%k 20 01. Abatement and Suit. -VioIntion or breach or any covenant, condition, 14e.ditric:tion or eanement herein -contained or granted, by reference or otherwtme, 's h a 11 Five Declarant the right to enter upon the portion or thn Propertyupon or Re said Violation or bradLh 4 exists and to a umar t ly abate and/or "move, At the expense of the Ownr.-r or Occupant thereof any Improvenmnt. o -Condition thatXintm Eii ern" R nn 00nhrRvY to the lntp!nt an meantnjr. 'of' the 'provisions hereof (by reference or other- 7.,.,.. or to prnt%-!du e Pi proceeding at Inw or In equity ... ..against the ent5ty or entitien, pernon oir persons who hAve C z-vinlated'or axe -attempting to violate any or these cove- ..nants, conditions, re9trJetionn or enaements to enjoin or prevent them rrom doing Ao,, to Cause the violation to be remedied or to recover dAmftgefl for nRld vtolAtinn.' int ."..addition, an d without WRivillp. any or thp forerninf, rlphtn, DeclpLrant nhnll Alen be entitled to relintsurnpiment-room C _,.Che Nner of the portinn tor or in4r-rest tn thn Frnper�y ePih.j pet to such nhatement ror the exjiftnqPn of fnt.vpjjjp W r -ov& upon nh portion or the Propr-rfy thrOr- /oTrnry - rwntn hnd C "LZX, 51 &3:'arore3K d. �- W-1 Nrptet., &_" d.'S-.Tj�-,9u6h'6jpeT131jj are not r' 1 „Jeirnbursed. �promptly.upo ... such expenses, together'- 144 ith interest' thereon at the'rate 6P 10 U'm % pe� ahn shall become a direct liar on the subject n portion'or Co •d'the IMProvernefits locate the 'Property an d 6! -,u::wh ch-11en m&y L t I the r set hereon' 06 . earth n Station 10hereof. - Z -Xi _V; z Y :'Nuisances. .'The result of every action 7 om1331 on whereby any covenant. condition, 'restriction rence or or easement herein a -o' otherwise, ntained, by 'refe 13. violated in wholeor in part is hereby declared to be to 'constitute a n-u1san— Ce,-and every remedy allowed by law ?r, equity. .against An Owner, either in public or Private shall be applicable against every such result, and may be exercised by Declarant or by any 0-;ner. The riphe-or enforcement' shall not be extended to Occupants `Y who are not also Owners. 10-03.':Attorneys' F In any legal - Fees. a or quitable proceeding for the enforcement or to restrain L rain x"the violation :)f this DacJ&ration or any provision hereof by reference or otherwise, the prevailing party or parties all also b.e entitled to an award OC reasonable attorneyst A f —in such amount as may be 'axed by the court in such e�s proceedings. All remedies pro-vided herein or at law or :,in equity shall be cumulative and not exclusive. .2 10.04. —In9pection Declarant may from tame to time at any reasonable hour OP hours, enter and inspect 32. 0 • cel;-1r7.`�Y a F . 4 4� 3- :�•`3t57i'�St��}•�zt'�!►..�it..;�•�e`�54��•�K�•.= '•..'". ' g�#L�.�'st�,j-`- .,v . '?°izrf7�2`�5��'E'f, yt'pr "3-'r � :!� Ci: '!t3 °?x •.f' �.. i �T!E 7 �rP + i• s :sir :'.3' M,1 " ' .• _;`��'•r''�� -;a:". -r.V. • :'i• ';k�•�;'•«:•. ,'\ i^T _ T�' :Y r`i'(�i t\\ y T •.kf' Sr• : SL�`• •wS' Y:. 2j7`•a •:+3 �;/' �r -ir-i 'C_'.' .,'f ts.e,t'!T•, .:•.t d `.i.iY'.''.' •`�: �.'J."'�,�W �'.'•e.�.. .• :i.t. ,''�..ti-_;�,�.e•.-n..- .�'L � ,=s4•.'.2+;. �`,r*.i':'-.'. � �` T� ':. x} .. •;•.:^rte ..,t -:�. r:�. i:a. � '—; �:�1,�= ,_ s ,.'s 4e; A;,,. :an ort ton '•4 s`' Y of the F,•o er mp ro rments�v .th •,:,-:r:: t R ty ar the eredri to .� , ., _ ::r �'• • -•_. :�• ..ems.•. i,- }_: :. `_ascertain comp].lance with the Proviaiona ••*•.-�,s; _. his Per.lnr�tidn, Eo EnforCe ?lot aM4iniver df �'- "ASgsts.�,The,failure of Declarant or Any fhmP j; r to enforce ":fr.7;,;et1y. aovenant,�condltion. reatriction or enaement herein on by reference or otherwise, shall In no event' ibe deemed a waiver of the right to do so thereafter, nor the fight to r.nrorce any other covenant, condition, L'1 h restriction or casement. - - `�♦ ".T'. '.l�.r ,i .,�: 'r.i••(�1lliAr• •• ••••%._w_,;.ii.=, . . ..f4 r` • .. k•t 10.06. Creation�and Enforcement or �iaintenance A. Aayeeament Lien. Declarant, for each and every portion of "the Property owned by it, hereby envennntn and agrer±s to t• 'PaY,,and-each owner of tho Property, or any portton thereof . f or interoat therein, bY�aecoptance or a deet there['or, -71 whether or not it shall be an exprenaed lit any such deed, -0 Is deemed to aovenant and agree to . _ .. P, pay all aaseaamenta _ for maintennnep And taxes as ser forth in Article tR hereof, such aanessmenta to bo fixedp established and , Colleed f~om time to time - ."Collected An in this Declaration provided. 5uoh its aeasments, together with interest thereon as herein- ) "aftAr set forth and together with the Dost or collection - thereof, shall be a charge on the land and ahall be a continuing lien upon that portion or or interest in the' ?ropnrty againnt whish each nuch eanenament Is made. In the event that any flwter shall fall to pay ouch Owner'n ; sasessment within 15 days after such costs and expenses -have been Aaseaaed to such Owner, or in the cane or real ' property taxes, prior to dellnquency, Decle.rnnt, the °-other Ownera or any of them, may advance such coots and • � - •� S�'�_ f %•�` �,,.�4J�d`. r'•1 �a e ' i��.4•��'�.:� ,2:"}:-�Y37'.�•Aln �.�1-• ^'i^` ' i �Z�`,y,i'.i}'f $�Si.�]K{�16' '-/:-•_ � - 1�'�7''�+%�.., �+,��.J }i+r'!�T': �{+wx+�•�.�wJO[�iS'.•T'� � M f, 4,7 �'A A.7 :-.�T�Z' --4 eXpense4 t thus unpa d (including any penalties or Interest' T. imposed for delincue'nt payment of taxes) #'and uponthe -.'A making Of such advance and the ,giving of writen notice of f the- nature and amount thereof to . the delinquent Owner, shall' be entitled t' o immediate reimbursement for the amount pQ thereof, -together with interest at 10% per annum on such advance. ;f the - delinquent Dwner shall fail to reimburse" ? Declarant or the Owner making such advance for the amount C71 ''Of the advance and interest thereon within ten days after notice of such advance Is given, Decl . Arant or the . Owner making such advance may, at anytime Within two yeaj*j" from the date of such ftdIian'c'e", file for record in the Office of the County Re . corder of Orange County,' California, a claim of lien signed by Declarant Or the Owner making such advance for the amount thereof, together with Interest thereon, which claim shall contain (I) a statement of the .,—unpaid amount of such advince And Inte're'st therepn; (ii)* a description of the ownership Interest In the Property of the delinquent Nner, together with a description nuf- ficient for identification of any buildings on Lhe Property which are owned by such delinquent Owner; and (III) the name of the delinquent Owner. Such claim of lien shall be i. effective to ortabliah a lien against the Interest of the delinguent,Owner in the Property, which interest shall include a Building Site Owner's -exclusive richt to occupy Its desiMated Building Site, together with any buildings 4V. constructed thereon, In the amount aPeciried therein,* together with Interest at 10% per annum an the argount or ouch advance from the date thereof, recording fees, costs of title menrch obt9ined Ln connection with such lien or the foreclosure thereof and court costs and reasonable -a 34. ,C, -t iinw •t f' •i . zy,. •�-•s: _ :�.iF �IT�'y.:i-•. _ :S•^�':..'i .C. � .•,1. .. r•y yet - Y — '• .. ,f .:.0 u. }}-��`fSi,' t'- _',fir. '- ^r-'c'�Y:r,a._'?i%X- t?.. -i. .,. , •. �.� :• a�y� Yjl: ,Jrl•.. .LS i�1Cj•„�%Y•`S'' ��{ J �b•� tip,• h i'7'a �.' � :Ylf •f ^w,✓ -�: •- c�� _ _ }, t1i„�Q. .wa.� � ��'•�,�'3'D�f '..� :� y`�a`' 'tr '!i}^ �w- .�s�'3+{�}+R'"` .•t,.-�t.,'rY..SI�;•'�!3•."t^��:;'f^,�.Y.i�--.��,;4_��-: ;fit.•?';.�;''�„Y.,�'3 ,. c..4��. W_Lq�n�.,�,, ... ��'',,L _'._-4� 1•S,l: �:�y'f�ridb4%� 1 •'S�Z' h5'tt l.•f � 4. .J,ja.... I� S fil' N••- N`a �. ,r a a •�'• IFlt: d .F.. a, iti W r )`+.t •{ �2 ••f [h '' c•7 �.c:. M1^•.'•%'Y a •7,, a..t. �i.:t'=-asirz•',a v '� T Mr .+ +�' ]a- F-. - �_t n+Axs;yr{r- ,e,�r,,tcr i.,,-. ,..•.. +,'sF.s. -'i '' l ��..! _ ✓ •=i- '• r' �,iti1%.< - I,VVrkr 1?•=_I w. •_,. 1'�.. f:•4 :y:.:.1 tY'•-sr •�.- T Asx=3a�f91 attaint ys •.tee:a which be �::: .=: ::�.. Y = ?Y Incurred in the 'enCorcr nt ~. ••' naz.' of such R lien. ,rSu Y. .•. me sf :. lien when ::. ch a . en so estrvhl .._�.�,��t �i�':*h�ri'-r�:�',:�sr�-�n• {.;. .., ••... �:-_ :..,. ,�,..,.... iahed the re 61 r...a.�. property (lane I n•.sai s.Y4 ::_y...k' -:r .• :Y� ` :-: }r,:•, 4 wed i d claim, shall be prior •T;j.; ...aj„ 1 " .+e. �'%a'. ,F_?r. Supers or, to any -r.r .. "✓ir:-Ilan ;: '' `:. •`i': `1,.1'`'•'"•;1;;• r=te a,r ,�. , , n*- Y right, title into`�:�c..rF,Y� ii r $ ..'•' h.pr- rest 1 t1 t• :y»;r=,r,__:�-:��;x��•�t . a: :�. - ;�• ,. ien�or cl �•-c.-•;._� � {r "ycc- .. '. whlch.-may be ox ma�been a have • ' • .' _ . '�, := 1 .n;3F.fy� "tot faiy2iir4wxr`ifrt•'.yt",:,�.ti�, cquired in -or attached,to O •+*s- 5 fL'.rYy. ,`,.;.i�•n - .. 'a.n..::. , f•, -.t >�:. •.. .i.`y' 1-`,- . �, ^�. r.: •,;',wt •'�•+ ..4',i• l'•' { s_,, ahe .real property interests , .` ,•'.``. :.;} •- t•; .: F ,c• ,i' w r.}'y� $:. ,a, subject to the lien subsequent " time of fill,' such for5racord.' :,• lien .K vg httClaim .•,r . u4ehrfA., shall be Car the benefit nti_, ,c.•.-�:� , of Declarant or the Urner��' _. `t'?'� `�.'. r'�> . rL.. ?•..: =s•r. . •Fr :., .r4....1 :.: +re YS"::� _ =. makinir bs',"-:,,J •.. auch advance • snd may be enforced and foreclosed reclosed in it :;W' '. ,• z� action brought b , .. •:,:.°.,:' �•` .M�� "•>,a t.= e.-.. Rh Y Declarant or suchCxnar !r► alLp •�;,:-.- --- : � ` .-'; :�i :,�.�..4., �•r, r.1,;:�.:-::,-� . • .ti: � ... • • court x- _ :vk2 of come � �, f. P Gent „uricdiction ;i r!: F ; -•_a '' r,;fy•.. , f brought 'w1thin one ye r r: arc s':..,.. . -the !f or _ 5:,.... ,.:• ._..., ,1i sling such claim. 'My auch~ provided prow sale T a. 'y'sl•' n�- �;��.��i ..rV. ,�<A�,:.;;.,�'•:r ir•-v� P for �= ..=�- s�:�:� t�•y'"". ".herain is to be conducted in accordance With the r<, ''F"! s�•�: "-r:`' -��'a�=;��c,;��::..°..- -tom..' ••• - ..•.• .. - Provtelon� •..r�: .jY Sections 2924, 2924 92 b yof , 2 4 and 2924c of the Civil Code of the "s Jam, te of Cal 11 cable to the exercise _Ornia a PP ercse - - -•t, 3ta- _ _ ..• ..... of powers of - - i -sale and mortgages and deed of trust, or in any other manner permitted or Provided by law. Declarant, through its duly authorized agents `shall h - ave the power to lbid on ` tis c lien proparty at any foreclosure ogle and to acquire, `•'. r lease , mortgare and convey the same. Upon the timely .,^r ��. �::. " �+ ' •� .. .. . -. Y cur— � . `Y-ing pf any default for Which a native or claim of lien was r,�5:.sr Yrfiied, Dee 1Aant is hereby authorized to file or record, , �t'r;xss the case may be,ah { _?�•.:-,: _aPProPriate release of such notice, 4,,; upon Payment by the defaulting r of a ~F , ' m ': ,*,,'It•;vi •.. �l:r ;.:,. + .,-, :.,:: - . fie • fee ,. to be deter— ` ;"i mined by Declarant, to cover the costs of r;r= Preparing, and Clling or recording such relea _.. ee, together with the ay men ` p e Sofwaucother costs, intere t o 3 Such h ' , - s r fees as sl:sll� have f been incurred. ' The assessment lien and the rights to foreclose .in. sale thereunder shall be in Addition to, and not in ' .- -• substitution for, all other rights and remedies which Declarant may have hereunder and by law, Lncludinp, A Suit torecover a money judgment pfor unpaid accesents. -� _ ; 9a, 35. t ' `- •��.�:�'rc�:t,�`�:3�•�"�Y.3''4r:.F^"L'.•k;.`:;'�9L-'M2x;:�5rlr•n^�-•,••-•r_-• :� j , ailyiz;� 7}7 t I•-f_+eCt ,Tr Ali ti F PY•i: l7yL ,1` ' •i`f 6 `�. -- .• , -.- .: .. '`'��r '.`' .:may ';.. �:,�5 •, 'f'Y • •-ski ��F M• ' _ "R` .. ..... .•. t• . �. r ~a'.l.c-�•.... '� .. 1. - ,.-.x. �-3:�.e•+f"'�'�•{'., '7 �,a`„i_: �' , M 1W V'_ y". MOP. 1, :,1,--iv;-:,fir, ART ICLE X1. 'DURATION, TERMINATION, MODIFICAT10M Z� AHD ASSIONKENTS OF DECLARANTIS RIGHTS AND DUTIES - AN Z7W MM1:4 --z .5 �M "I Al,`Pil i- _-11.01. Duration of Restrictions. Thl' M J Declaration'shall continua ..I n ruii force and effect for a or 30 years from the date hereof. However, un2ass 't thin!` one year i i r pr o o 0 years from the date hereof, M -there mhdll be recorded an instrument directing the terml_ , 'nation or thin Declaration signed by Owners of not less anbwo-thirds of the Property then subject to this claration (such ownership to be determined an a square otage basis), this Vec2aratlon,.as 'in effect immdlately rior to the expiratfon-date- shall be continued auto- tioa2ly without any further notice for an addltiona., X41 period of 10 years and thereafter for successive periods of years unless within otio year prior to the expiration of.. .any such period this Declaration Is terminated an set forth above In this 3eation. For purposes of determining such .,&�A_Itownerohip, the number of square feet of the Property6vned Y a Building Site Owner shall be determined by computing -�dclxal fraction which represents the ratio of such z: or Floor Area Allocation to the Allowable Building'.. a within the Lot containing -such Owner's Building Site 1k and thereafter multiplying the resultant decimal fra'ctlon .,the number of square feet in said Lot lose the number', square feet within any Parool within Bald Lot. Thus: I (.X -y) where A equals a Building Site Owner's Floor Area Allocation, 8 Oquale the Allowable Building Area for the particular Lot; X equals the &roam square rootage or amid Lot 36. 91 LL I - Cr C a a C L C C%. t_M ��ra" iF•y1J%. _.:r'. ;5.'+r��:�ia-.c?':f��_,. r' .. '�', ��r'...x"Ks•�iStS�`�fi�n� - � �'��i��:aY==.�?:",ri3f.`-.fry-'-i+.rfsr�,;Fr;cl,•?�t� . - . �r%p::i�u/Es"haw3ssiJ .j�•; '.i,r1t!°ri;;.Xi u�:;�t Y . a" 'r .yM!.,g '_•.'J'•s� •r.y:. '-ii,i: -' �f'..�,}• .y.. ..r :.Y�a:; {x.. •4=--r}.r: •�. ,. j k.:c`13f`' ^� ,F-�`'it.•' n ` �a >'' _'�?_�•At?�'i'�hfi`=�'a�"'^�° ::ti'ri'«�i'x: -4 r..�";"L�7_:_i.�a-.�� Sd}.1�.tiG:.i��:�7.�3s.=•:�r��";}^i��:.r�ir1#;.i:::s .�cY�*�7F�+.�•,+�g:.rr •"� ' �r - � r't � � tyai4 .. .a, rl+i .iC'�jr��!��y.?;-h;: .. •.iC t ,S•,Zl.e`�• W�rrK.:.'Ca.. a •y�'+f -i _ _ •L'ir. •''�';' i .,V;'50. gyp.T �. r _ . .a :.t.k . a r:-' + - , r ' •`�S:i:+'a.: , `'L:�:i »r -��= ':�_ �. ..,.i' xl:.+',.gy; .r•i_if io 7`E; fYir•.•... °.�-`.-Y•�.+i-tl�•i�•',, s•'�:.s :�'.�.-,.� _ . ",!'e': +`v�' •y;r �• . <_- ' :•. �'• - �"-i. iJ�.ri.-Sk�jr,-jJ:•Hy.{•',' - - .. - .. .. -. i.'•'.t,] #-++s shown on.Tract Hap 17463; and Y equals the grass square • -tri 4i_ ..{ S ��_a •.. '- ._• - o`' rootage of all Parcels within said Lot previously ' - , p v sly conveyed _ E ai•..'��•.�l7 3S�'. .: r'`-ys`t''"r s}'•`'.r�,. %. :ti •.� � �,"'-'..�':3' •,?,.: •:- .:.y r «+ 'G.::.; ,. ` ... �S. •.E .'s7• �'. l � 4 ,v i.•• < • {1}j''•"•':` .. t` � .. -r.• 4:: .+y to Parcel {h+ncra. -° "r 1. -f. ��'x. n•:tj:•F'• iA_ 'i •' Sr`�" `` ^r''' is ,Y:.•; ��-.Sc: r�FW�i::'t^'psi `_r._ - �r,�,a �..'_�• ..r, Y:F+. O ;�.• .11.02. Termination anA Modification. This 5f, Declaration may, be terminated, extended, modified, or ^ iamended an to the whole of the Property or any portion - thereof with the written consent of the Owners or 75% or the Property subject to these restrictions (computed as set, -.forth in Section 11.01 above); provided, however, that so :,r• long an dwolarnnt mans any interest in- the Property what- soeveti, or for a period of 20 years from the erfective- - date hereof, whichever period is shorter, Declarant actino .- alone may modify or amend •the Development Standards as to any portion of the Property owned by Declarant at the time or such modirleation or amendment, provided that (i) such mad1rication or amendment coaeforms to the, spirit and aver- =" ' ` all intention or the ieneral pian or development as set - ,forth -in this Deolarltion and the Development Standards; _ (ii) Daclarart ohtalna, prior to such modification or amendment, any necessary approval from the City of Newport Beach -and -other appropriate governmental agencies; (iii) "any modification or amendment of the Development 3tnndrtrda �'- pertalnina to the type or Improvements and/or umen and :,:.,..operations to be permitted on undeveloped portions or thr r Property are not modifications or, amendments that provlde Por types of Improvements and/or uses- and nperationn not I presently provided for in the Development Standnraln, and provided further that nothing contnined herein nhnll be deomed to prohlhit owners from enforcing the provisions. of this Declaration among, onch other. All trrminatinna, !7. >�4 7 rs• �+, i Aat�lvjftteni iotin ;-.'Mdi rice t ioni�-EL-hafii or BmPndmen s or this • �, on (but nWof the Tevelopmen'j` Sbiiidardn) shall % te-'effeetive Uhtil iiritinx has F;,-,eeYl ecuted atid ackn6lil6dg f!d. and recorded In the office 7FZ7 L-� ++ i -or th {Recorder of -Orange Cou*n'ty,. caurorn'i'a"."Or .5- -Ass gn ec aran "3- 01,11 gn Cutles -An and all of the rlFAUi, powers, duties and F . X"P? reservat. ons of..Vecl.arant., hepein contained may be asaipned n, 'partnership, "a WY Persd_o rporat on or (tt ion who 11 1W'sitber (1) a partnership :(limited .'-o or gane�ial) 6 'r 0 75% or Wh h i6afj'be owned by then partnere f Deolarant;-(11) a purchaser from Declar&nt or a SU b.-itantial Interest in any remaininv, portl n of the I;" Prr,perty opined by DeCYRr (ill) a pe'raon, -corporatioli oat_ - r or loqsocint toti comprieed or any or all the Owners. JR, --Committee thereof); tv) R Corpnration, joint venture, ROSOC t e' d, established or lAtion or other. r ntity orvanize 4 purchaned by Declarrnt (or by a parent, subsidtary or rr !affiliated corporation or the corporationn cornprial!'F: the ;f pint' vPnture! pursuant to, but not limited to,:. L-., 11q;:^.i;Rny_ corporate acquialtion, 'ukerger or busincon re6rrAnI Za* Y _or _Committee, Ion;. (V) the then members or the ArcWtectural referred to in Suction 11.04 below.Any atich. trFinB reree.-%-� �;O,:,,-. praltnerilhip, corporntlon or rusnoc tat Ion shall ~also e'- re i I u I re d , t Oural.��at'd tra t n nafer, to ns3uma the du Xe f Declnrant pertatning to the p'nrtIcii1tLr r1phtei, re -.3 e rvn t t cinn n5migned. Whfn aitch ;kns I gnei- evidene' n w nr to omits eor�npnt I ritt ncr-vpt such nqs I gnmP"t and iissume nur-h dlit i c -m nijOk n�q-flgnse jqJinil, to the extoint of such n 5 sl YJlffir rl i linvo the artint, rivht.q nntl power!* itfid hr, s ioj 41 V Af :a it _ _ L. iY `• N i„•%•C ^','•2^+,w.'�>[.;' lA�1r - zj. _ . • • - ,p.,, ,` ir.v,. _"r• .. 3:. _'t' iy.: yr {��1.r.:rV•^}f3 i'_ '' • ..aF i•Y. ..ft: i . ,,a.',�,. ,��js•4'�^L. '\4. i �, .�'•'4 i,7 V4✓1 �i4tJ: ' lt4r .� J.r.. Y r• ��:..'r• •' ••rvr.7'.'•:` "' �,1:-Y�f L(��•4!• ir�t}`t'F•+tf�,r:'' �ii.."FF'f:..._. • �r:�'-�;:`""-.`yr1'C';:if-=Y_ �: i•ii-• 1�7`e,'y� ��.i.�, 'Y'�'�`�. '(� :,,,^;: •_,we�i '' �,-.... .•e :. �....„may,. 3.-•: _` r .i �•' ,` ' _ L°: •-'-'• ° ,'4} :.. - .••'-'M,r Y” ' +'tv f y'A7 �•a,- ryr»- °, '- ' ':%F - •"'• •'� ,.kkt-Y:=:�:�. _, i ��. �i:t�`,.•f•'V:. L=>s'�,:�• K7'�.' ��-� .3-': t..- .�t� i_L.`ii''�•'-,•-7-,Er, ,7f`�'M-+'�:'•i '��t,.��_7,t�rLi'-��;` _ • :� r`�•�r.-�•`-+�"�: h!'. rs�.i-, 'yq F- - � a�•�F��`�k Wit• �i 7'�Mf' -as :?f:��.4`. 5 :� ,}s - - '�' '.r,+. - '4`".�,.:? `•i” r:�1 '; --r-::::ti,'t ••4;-.'•i:::=� _ - `z<'��y�y;• .:�r.� +�;y... �• +.: ...-��.: r_i. �.14'r::+?i�''� .. 'i•;"4:^� d- ��.:-:G,.! to the same obligations and duties' as fare Riven toj and 'r :nfi �k f: *.• ,assumed by_ declarant hereirk The term r'fleclarant" .as 'used3 '+ .•f,. ��;,�.. '•C, . ._ .{ •fir ,•�,�- {••4. ••r•' �. herein includes all such assignees and their heirs; sueneasore and a831MM. If at' anytime rDeeiaiant coos s ••'� �' � � cL '` to exist and has not made such an assignment, a successor d e$ -- ••' ` to Declarant may be appointed in the same manner as these ••, restrictions may.be terminated, extended, mcdiried�or -amended under Section 11.02 or this Article.""' .•.�.t`{'IF '-r% ':i"' r{�<»� - :,t,' �.�r? ' - •.` L'e'i f.�.r'r-� -}•a :.L� ' �' _� Y 4. i - - �:.' •„_ '11.04. Architectural Committee, In additien' to the right or assignment set forth -in Section 11.03 �,l _r- e, -r• r ti above, at any time after sale by Declarant of 75% of 610"-4 Property, Declarant mayFexecute,•acknowledge and redord anal. A Y instrument appointing an•ArchitecturRl'Committee or not ;,,..�;•�•.3 T leas than five members to aBBume the rifhts, powers and reservations of Declarant hereunder.. The aforesaid instru- ment may, in addition, not rorth rules of procedure for such Committee. Unless otherwise provided in such instrument or an amendment thrreto, meetings or any Architectural Com -- =t is Y? _x;,, mittee thus appointed may be called by any member thereof : v {�C upon never days' written notice to each committee member4of y0.y _ ttie�time and place therfof. Such notice may be waived in at sAV time by any member or members not so not! tied: ,..,.4 FS rty percent or the members or the Committee shall constitute � � :• `�s'�''�SiK 'a quor um,The Committee may net by vote or n ma.Jarity of its *o- members present at a meeting, duly called, nt which a quorum r ,. §” is present or wi thput A meeting, by -unanimous written consent f or its members. Upnn reCordatIon or such rin instrument + the ririnta, powers rind reservations of Declarant hereurnier (and of any nsairrnee or Declarant pursuant to Section 11.03 L above} shall terminate, At tiny time and rrcrrt time to time r i } 39. 1 >�'E' - fes--.—,..^••`.-�_ & �1 .'-• � � f, .,rg... j.,,�,,t.. �• - • ,�, +�.•� "'�f, � Y - , tea' •_� i'c 3-:. �� . f :: • ;` ' .+-L2 P1fK'1E•'r�{•? •vA.L�`� n.� :•:,•itis ��' •:A,�": rs' ::• s .'••fit; .s ' ...''gR�7ip • R� a[Xa'�R.''34TT'!��+r�a.'•T t' :`]-i`'r"• ° , • a ZNV et i� cordation of such instrument, the Owner or Owners at 50%'Of the Property computed i n the manner Of mid recordation of an amendment thereto, May appoint new CO re 0 me bers therefrom, an d may alter any procedural rules provided MISCELLANEOUS PROVISIONs .--i2:01- DeClarant Held Harmless. Each and e ve ry Owner and Occupant Of any Portion of or any interest in the Property shall and;doe5, by accepting title to its .--interest in the Properti,'-agree to indemnify, defend and hold harmless Declarant against and from all claims for Injury or death to persons, or damage to or loss of prop- erty arising out of the conetructir)n, Mqo, operation and/or ..,,maintenance of'the Improvements on the portion of the Prop- erty occupied by, owned -by or under the contiol of s6ch Owner or Occupa�t; the use and/'Or pos5e5'sion of such portion of'the Property; and the conduct of business and .any other activitle3-by such Owner or Occupant; or his guests and invitees on any port' -on of.the Property..' 7 12.02. DeStruction "of Improvements. In tha �%Vent any Improvement Is damaged or destroyed in whole or in Partr by any casuftlby_, the Owner of the portion of the Property on which the same is located shall Immediately undertnke to restore the same in conformity with the Previously approved plans initially permittinK such LM_ t"tt r4e r ps .41 w, 0 F4-iLr oz . • N 41 -V Improvement or -shall submit t new Plans for approval as .7, provided in Article IV hereof, and except as otherwise ' h " - e r,pro d. erein as0 periods 'for commencing end !P-'� . -.cOmp Jeting the restoring construction, in conformity with the mquirements of Articii-If the restoration con"- Btructian of such ImprovementCo is not commenced within six x *dB"mage months -after the -date of such or destruction, or is not completed by 'no later than two years after such GGJJ damage or destruction (subject to the types of unavoidable delays in construction referred to in Section 4.06 hereof, such Owner shall raze the same, and leave the Property in sis a fe- and - sightly . condition. Thereafter, any subsequently proposed constructionj placement or maintenance or any new Improvement on such portion Of the Property, the.pinns and specifications pertaining thereto, and the projected ..operdtions and uses in connection thnrewith, shall also be .subject to and req -tired to be In conformity with each and every provi3ion'(by reference- or otherwise) of this Decla- ration as such P.-Iovlaiolls exist at the time such construe - :tion, Placement ormaintenance is subsequently proposed. 12-03. Constructive Notice and Acceptance. ; Every y p I eroon who now or hereafter owns or acquires the right, title or I interest In 'or to any portion of the Property is and shall be conclusi vely deemed to have con- aented and agreed to every covenant, 'condition, restriction and easement contained herein, by reference or otherwise, whether or not nny reference to this DeclftrAtion'is con-* tained in the instrument by which such person acauired nn interest In the Property. -7 !'.'r-'2;� r'-'r,LV ij X2 4" , wz_� .W 11 .5% V� WI. A . . . . . . . 9. on$ Other, g "Provisions herein �6fitained by rererence or*_..., • a ttierwi 3 #6 eluding the ii6ng described in Article' -X ;"rtft e,, shall deemed *ubJ 6:,t and subordinate to all Co rflartgages an, 0r hi re a f t er" C Hf4 d"' 4 deeds of trust now uvon 'land subject to these restrictions, and none of said M,4tr1otiond`a6&R supersede or in any way reduce the the 'validity r or any such mortgage Or 2 security or affect 0 t 4eed.of truot; provided, however, that ir any portion or the Property is sold under a foreclosure of any mortgage lr*under the provisions of any. deed of trust, any Pur- chaser under such sale, and thesuicceaBors and assigns J r of such purchaser, shall hoid' any.and ail propertyfo Uroh5 ed aub3ect to 611 of such liens and the covenantV, di long, restrictions and ea5ementl and ether pro- vlsions•of this Declaration S-1 .12.05. Mutuality, Reciprocity; ,Runs With Land. r All restrictions, conditiona.'covenantg and arreementi /contained herein,' by reference or otherwise, are made for the direct Mutual and reciprocal benefit of eich. Pmd every pZ� ion 6r the Property; shall create mutual, equitable seri�i t�' on' each,portion of the Property In favor of every other portion; shall create reciprocal rights, and obligations between the respective Owners of all portions ;I -'of or interests In the Property and privity of contrAct A7 -and estate between n grantees or said portions or T - 'interests therein, their heirs, ajv�ceasorq and asnir.nq; and shall, na to LbAch Owner and the heirs, succeRnorn "d If n..JgiMS of said Owner operate as covenants running e 4L. Apv—, JY A F Vill W P Gil UP r 141 1 1 A -W i'M 'ORMTR MS _'i. ON, X-1 W-If -,14� 'A he Xprz the benetit" Of -a 16ther p land na W %R �_ - , 1few 0 the :L'.• V 3 21. 4, P er-t Z e 0 Article and Section Readin a. wrn.- ..and 8 headingswhere used he rein arp innPrted r' Vf5�;_j ; or z conven erice an ly and are not intended to be a part a this 'define, rn Declarati on or n any way to t or describe the scope and Int-'e"ni, 6f the respective Articles Viand' Sections to which they is-for. y, k ;;Effect of Invalidation. 2-07..,� If any visio n (by reference.or otherwise) of this Declaratign I s "2 ?held to be invalid by any court, the Invalidity or such .,_,rprovisi6n- shall. not aff6ct the validity of the remaining j;4MOVISIons hereof. V er o Use No Owner maY be exempt L. V e -from liability ror duly 1 1 d pairsuant to thii Declaration, nor releaBe the Portion OC or interest A5. _-,-Jn the Property owned br. y. such Ow ner rrom the liens and 07 -qh rges hereof,, 5y waiver or the use and ,enjoyment of the -'Common A reas and he facilities thCts K�-ereon or by.abandonme t V n of such Owner's property or Interest. V; z 12.09. Construcv.1on. The Provisions of this NX Declaration shall be libera lY COIIStMed to effec;uate 5 purpooe J or creAtInK a' uniform Plf%ri for thp develop- 7. the Property; C t� L SiTjeLt!j!�E i�.Iuden Plural. Whenever thr _In 0 context Of this Declaration requires anme, the rinvulArl 43. Section g Z�� '. wpnmz Rgg j-2 W--_ J•EF _4" Ai� -r_ R.- 7 he rie. WMESS,wilmn 57-W-�A-Xecufid 'thi's Detaljimtlo6 tkk J. iris. sEtall include -Z he enders S. gnid haVe' ofr the 0 fird above: 4- -.:KDLL CENTER M.1,WPORT ,i.,A California Limited Partnership. co JAR By on id M. A General Partner An 4te- tu, 411AUNRA, -4 -e %,x p5id ;k., BY REI OF ARLIN01rom, tnc. .!'-.A Texas Corporation ZK= A General -Partner v 4, A�. X . 7Sk .1', .4, WX 5.1 ew_l P, 44 7 cr w c m VY zr,% ? 0 - WA Qm�k 5 -..1 @70M K -- W -M. !J 0" yr If A - Z7 1, •"U'r ki t.p :-"T03 IS. C -J"RNIA STATE.DF CAL 4t q-2 e—q boU,NTY OF ORANGE -Z'- 0e, !nf •K.-1.4 4:4 CO 0 on. before me, undersigned, a notary publia in and for said State, per - .,.s. ,d0nnftllY appearaa Donald M. Koji known to Me to be a general partner of the limited Partnership that executed the within instrument, and acknowledged to me that au'h paftnership executod the name. A WITNESS my hand and official Beal. DIANNF J. H6Rf FORD oRtAr't CUUMYNo Notary Pu MY issiun Ex0res Avil 19, 1575 t is In and for said State and County (SEAL) 0 L 0 �.LVV-V PIMPIRR"IMMI-1 5g-- _N 4 z 5T f �.7_ M> A. , MI. W W Wi !STATE, OF',C0j N C CUT J- N �01;56;j via.- AM 1!1V �F:ga. A' A-1 - .errZ, .COUNTY" OF HAW C rpO�D ROSA0, H, i Am." r,.j- 3J: t N. a 2�0 R� On thl-� 197 X"Ok.'. v re -'m'eAhe ndersigned, R In and U Public _7 Pala Stater personally app eare pj� t- 0 me to be tq7t.. Y1 of REJ off Arlington,' Inc. _. 71 the corpo that ration t t executed the Within Instrument ......... . known tome -1. , , '. a execute be the person the with'i-n d �:� '5rT A."'instrumen on behair of said corporation, 'a I MRI.XA-1 d corvora- MOP A -M -tion being known to me Vo be one -of' the partnere' of Center Uewllcl�!�!.,part nerahip that OL V �q,XeCtIted the ;-within Instrument, and acknowledged to me that such corporation executed the within Instrument urauan Its by -laws or a resolution Of its board or directors' ae such partner and that such partnership executed came. Y -7! _bL CK �L-e� WITNESS .4- my hand and official aeal. U %r -'s Ll C -eI7 otary Public,in ana or th IL State of Oalipe� Q j T (SEAL) Frank A. "Kally )r. Affle Nutnr�r Pi. ILLhin and ftsr the State of Connoottout Comm I nu loo, expi ruis XLrab 31, 3975.1 M L) C 1"T sm, Zval ATTACHMENT 3 I ,a- . I . 'r Racer►ling requested by and when recorded return tot PEOOPMM t-Vut atoorms JOrold LMilos, Eeq. 21465 OFOWW rov' rr,GuW4WA Agnew, Hiller & Carlson tan 11 All, JAW01114 606 Sonkh bill street $13 OD � V"A f los Angelos, Czlifornio 90014 Cp &MA1tiWjrLLCtu,1Rew1++ FIRST AMBNDM?iT TO UCLARATION OP COVEWT9, CONDITIONS AND RESTPICTIONS 3 KOLir CEIITER NRUPORT TRIS AMEW41ENT is made as of tho day of i971j, by KObG CENTER NL'I%.17AT, d California limited partnership (`Declarant') and by KOLL CENTER IIE%TOHT NuMDER 1 ("RCN --1") and KOLL CENTJ;R NEWPORT NUMBER 4 ("HCN••4") for the purn086 of at.-inding that certain DFtclaratiun of CoVenants, Conditions and Restrictions (the "C('&R's") dated ao of June 10, 1973 and recorded July 20, 1973 in Book 10811, Page 683, Official Records of Orange County. 1teC xTALS A. Declarant is the original Declarant named in the • CC&R`e. 8. Fuzsuant to 600tion 11.02 of the CC&R'8, the CC&R's may be amended by written conaont of Owners of 750 of the Property described in the CC&A's or by neclarant noting alone insofar as the CC&R'8 affect any portion of this Property owned by' Declarant, C. The parties hereto own wore than 759 of the Property subject to the CC&R's. D. The Parties herato now desire to amend the CC&R's in the manner hereinafter set forth, N011t T►1EREPORE. Declarant, KC11-1 and XCN-6 hereby deolaru and agree Chat 8oations 2.02 and 10,06 of the CC&RIn Ara amnndad to read in their entirety as hereinafter set forth 2,02, parcels. From'timo to time, Daalarant may developer convoy Axisting Tats or rasubdividod portions of Loto to various owners for developments^ a ainyle unit in accordance with thm provisione hereof and of thu Davolapment eCandards. Such Lots or portions of tote Vtlaroels"j may be used and Improved for any purpose parmittud horoin and .in the .Pgvolopment standards. The ownora and 000upants of such parcels shall be entitled to the non-exclusive use of all Common Areas and the Improvements corstruotod thereon, but shall not be entitled to the use of the Common Parking Areae, Row - ever, DeolaranB may grant to euoh owners and occupants a noa-oxolusive right to the. use of any driveways which in— oroes ary eg-rnn Phrkirna Areas for reasonable acoO:s to their Parcel as such driveways may, from time to time, be located or relocated by peolarant, 10.06, Enforcement of tEaintenange Asaossaient Anainst�euilding Sita owners. Eaoh puilding Site owner, by acceptance of a deed to his Building Site, whether or not it shall he so expressed in any such dead, Lo doomed to covenant and agree to pay all desessments for main- tenanae and taxes as set forth in Artiole IX hereof, such assessments to be fixed, established bred collected from time to time as in this Daalaratiun provided, such assesaments, together with intcreat thereon as haroin- after set forth and togother with the cost of collection thereof, shall be a charge on tho land and shall be a continuing lien upon that'portion of or interest in the Property against vhioh each each asssusmant is mads. 111073 xn the ovens that any Building Site owner shall inial to pay such aasessmont within 15 days after such costs and W oxponovo have boon anscssod to aunh Building Site owner, ~p or in 0jo eabu of real proporty taxes, prior to dalin- 01 Y� quoncy; uuclarant, the c(.hur Uuilding Site Owners or any Of them, mny advancn such costa and oxpensoe thus wrl..id k (including any ponalties or intorost inposad for dolln- quent E)aymont of tuxes), and upon the making of suoli Advance and the giving of written notice o: tlse nature and amuusrt ther"I to the delinquent Building Site Owner, shall be entitled to irwadiato reimbursement for the amount thoreof, together with interest a: 10t per annum on such Ovance. if the delinquent building Site Owner ' shall Coll to reimburse Declarant or the Building Site E owner or owners making such ad4ance for the amount of the advance and 'Interest thereon wXthin tan days after notice of such advance is given, Declarant or the Building site Owner or Owners walling such advance may, at any time within two years from thcs date of such adVance■ file for record in the office of the County Recorder of Orange County, California, a claim of lien signed by Declarant or the bdilddbg Site Owner or Ownera snaking such advance for the amount thereof, together With interest thereon, which claim 9ha11 contain (i)' a statement of the binpaid }j amount. of such advance and intarost thereon; (ii) a description of the ownership interest in the Property of the delinquent Building Site owner, togethpr with a description aufficient for identification of any buileings on the Property which are owned Uy such delinquent au Wling Site Owner; and (iii) the mama of the delinquent Building Site Pwncr, Such claim of lien shall be effective to catubllsh a lion egainst the interest of the 3 111673 4 delinquent auilding Site ownor in thc.P=oporty, which intoreat shall Include such Buildinq Oita O"OrIa excluulve, right to occupy its dositinated Duildir; Site, C) C11 togothur with any buildings constructed tharcon, in the Q1 amount spoolliod tharein, togother with interest at 10% par annum on thu amount of ouch advance from the date thereof, recording fees, costs of title search obtained in cunneation with ouch lien or the foreoloovre thereof and court•reonts and reasonable attorneys' fees which apy baNineurrod in the anforeement of such a lien. Such t lien, when no established against tha real property uesoribed in said claim, shall be prior or Superior to any right', tit>>, interont, Man or claim which may be or may hava been acquired in or attached to the real property interests subject to the lien Subsequent to the time of tiling suon claim inr record. furrh 13rn 4n+Alw be for the benefit of vaalorant or the Building Site ohmor or owners making such advance and may be. enforce3 and foreclosed in a suit or notion brought by Vacxarant or ouch Building Site Owner or Owners in any court of competent jurisdiction, if brought within one year of the filing of such claim. Any such =-le provided for herein is to be conducted in acuordancc with the provisions of Sections 2924, 2924(b) and M4(o) of the C?;il Code of the state of Califor:hia applicable to the exercise of powors of sale and mortgages and deed of trust, or in any other manner permitted or provided by law. Declarant, through its duly authorized agents, shall have the power to bid on the lien property at any foreclosure sale, and to acquire, lease, mortgage and oonVey the snma. Upon the timely curing of any default for uhigh a notice of claim of lion war -'Glad, DoClarant 4 is haraby authorized to filo or racord, ad, tile cave may ba, an appropriata rolneao of such notice, upon payment r by tho dv[aulting auilding Situ Owner of a fact to bo detarminad by Daclarant, to cover the torte of preparing and fili;tg or eecordins cuch roloaso, together with tho payment of s+wch other Costs, interest or, 14"S es shall ; ` have been incurred, The assessment lion and thu rights to forcaloae in sale theroundor shall ha, in addition to, and not in substitution for, all other rights and ze-medies [; whioh Daclarant may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, 10,07, EnforeS40ant of 144intonnnce Assessment &ianb Against Patcol Owners a:tti Declarant. Declarant, for each and every portion of the Property owned by it, here- by Covcnanta and agrccs to pry, and each Parcel Owner, by aecel,tanae of a deed to such VAYOe1, whether or not it shall be ao expressed in any such dead, is deemed to covenant and agree to pay, all assessments for maintenance and taxes an set forth in Articln IX horaoi, such assess-• munta to. be fixed, eetabliehed and collected from time to time as in this Declaration provided. such covenant shall be deemed to be a covenant running with the land, which shall constitute a burden on the parcel or other portion of the property owned by the covenantor forbenefit of the remainder of tho Property and shall binding upon all euacossive owners of the Parcel or other portion of titu pxopertty owned by the covenantor. Such covenant may be enforced in any manner provided for at law or in equity. All restrictions, conditions, covenants and agrao- menta contained herein, by toforoncu or otherwise, arc+I%Adu for tha direst mutual and raolprocal benefit of tach and cvory portion of Cho Preportyl shall croato mutual, equitable servitudes upon each portion of trio Property in favor of every other portiont shall croato rcoiprocal rights and obligations botwoon the roapoctive Oriners of ail portions of or intorast in tho Property and privity of ContraCt :herein, nd cstata between311grantees of said portions or intorosta their hoirn, svocessors and aasignsl and shall, as to each owner and the heirs, sucosssois and assigns of said ownor, operate ss covenants running with the land for the benefit of all other portions of the Property. 1 IN WY';NEGS WHEREOF, this Amendment i5 exotutod as of the date first above written. no M.`Aofl+, oncra or ncr 6 TOLL CENTER ti;7FOn By A F PROPERTIES, INC., successor by merger to AEI 0 ARLINGTON, INC., ' Gener&1 Partner s 1 ay , ',' .c R• L�' ' i BY f 1 na o , enerai Partner 1 KOLL CENTER NEWPORT NUMBER 1 By A E PPJDPERTIE5, 1110., successor py merger to REI OF AiRLI1[OTON, INC-, General Partner , no M.`Aofl+, oncra or ncr 6 1 f STATE OF CALIFORNIA I ) eg, CoUnTY or _ 01 829 On . 1974, bofora mo, the under- eigned, b NotaXV V1101M in dAd for said Stator personally ap- peared DONALD El. 9OLL known to Me to be ane of the general partno>:e of Roll Center llewport, the limited partnerahir, that exeoutod the within instrument, and oc%iiowledgod to rte that such limited partnorship exoauted.the same. 111711ES5 my hand and official seal, •Y t hrl l'trl S[JL �,��lF Y DMNE J. NARiFORO } l� f.sti v •- ra,1 h1141A' ar 1 1• .l .11r.l. nr My tvwMU Ivn C+PfLs April 191, 1915 STATV OF CALIFORNXA j as, COUNTY or rnk j O1+ , 1974, before mo, the under•- signad, a 1{ota Yu and for said StLte, personally ap- peared known to rye to be one of the general A�ssx npxo 4 o anter tiewpo t :cumber j, the limiLall - orahip that exeouted the within Instrument, and a6mvwX- tdged to ane that such linited partnership executed the sane, WITNE95 my hand and official seal. .....R.,.,. ,.„...: E�iRNNE J, NARTFOAO 1 �,�,y�ie„1 !� ry p �T 1.116 ,OJ} iFfitt 64 Id�firmmis:,on Capt �� Ay1 19, 6913 STATE OF CALIF` PHIA f COUNTY OF O+1d i 2a t 1974, before no, the Under-. signed, Nota v 1M n a on avid state, psrsOnally e peared � known to me to ba one of the general par nars of Ko en ex Newport Numba: 4, the limited partnership that executed thn within instiulment, and aoknowl- edged to me that such limited partnership executed the same. RITNRSS my hand and official seal, 4.wwa.NK+�4N... •+. fall' rt! Flft .f �� rr::��rc i. �tnRrfaRo �� •� ..+l sl++fi nM •r www, M1 f, T str 1 Gyuss Aprn 19, 1915 `�1r _� .....: . q '. r rTATG or UALIFOWIIn 4 } se. COUNTY OF ] On , 1974, bo re ono, the undcr- aignoa, a Nn tri c n an [or as 6tata, parsonally nppoarod DOWL.b 4, KOL7, known to M a ba ono of tho goneral pnrCnors of Roll Contac Newport s limited partnership that oxaoutod tho within inatruman and.aW nowlodgod to ma that p suoh limited partnership a uted tho salna. HITHESS my h nd official seal. No ary--P4]bllc STATZ 4F 7.. ....r..�..r„%.r.l } 88. COUNTY OP On (J. , 1974, before me, the under- pignad, a lion C ^ n an for said State, personally appeared .c , xnown to mo to be the o roperties, Ina., suocossor by marjat o RE o �Ar ngton, Inc., the corporation that exaouted the within instrumant and known tome to be tho person who execAtted the within #nstrument on behalf of said ofrtheationj Generalaid partnersrofion Roll.oing knoWn to Cdntgr Newport.to be o Number1,a the limited partnership that executed the within instrument, and acknowledged to me that such corporation exeouted the ease as such General partner and that such limited partner- ahip executed the same, WITHEsS my hand and official Real - votary xy u c' ANAEiR ry VtjbiiQ W,IV-t 'i S Cohnootiout ry STATE OF �i„•.Fir Pee/ ] } 9s. covHTx of on : �^, 19741 before me, tho undor- signod, a No ry pu p, n and for said Stator personally appsarad 1, N A. , known to ma to be the O A ropeYtios, Inc., successor by morgue to pil of Arlington, Ina., the corporation that oxooutod tho within inutrumont and known to me to be the gargon who ux" uted the within instrument on bohalf of said It corporation, said corporation being knnwn to ma to be one of tho cenural rartnare of Koll Canter Nawport Nurbar ,, the liRiitod pa,rtnorshin that executed tho within instrument, and aoknowlOdggd to mn that suah corporation axscvted the aamo as tnoh aanatul rartnor end that such limitod partner- g fthip executed the same. Co Wi?NBs& any hand and official seal. W ��r c s`it o' ary ub �c r,7 r4y.:s1 7 raetlosr my C0=t00Sva Lty:r�n 5:s ran 31. 1970 STATE OF "Ci��tntdg�t�1' } } as. COUNTY np 'g- } 6r I I aFbrG 832 tin 4040 *+, 1974 bnEoro moo the undornignod, a_Notary P til O,,I an os said StAtr', poraonnlly appeared known to tad to he the Or AY VrOPOrUCD,Inn., uuccoanor by mr+rgar too I or, r ngton� Inc., the corporation thmt executed tiro within,inatYunant and known to tae to bn thn pornon who oxacuted the within inot>:ulagnt on haliali of Bald corporation, acid cor- poration being known to me to be one of the Guneral Portnera of Koll rentor Newportt the limited partnership that oxacutod the within instrument, and acknowl*dgntl to mo that auoh cor- poration'executed the some au hnich [inneral Partner and that ouch limited par "arship executed the came. 11IT0188 wy hsEtil allyl offici: 1. Geair Notary tory. lio Ylrt.ln ar 1 .' r i' :'� .'n r` Ce:roatlauL Yy Coxnlmrl i E;.;.;i•osl ►:.raw Ji, 1978 ATTACHMENT 4 _�_.� .�•`,�...3 .,=V. q.4+'`r '•i�•y�... .'-„:..,.. 3 . -n'.'X- 7•' lYf��4. ;�:•.�., �.�,�, �>�\.��; .i;?•��ij�'ti .�;! .: f�i':: {'l �..r'Y l•`1 `.1 '�' l a� 'r•E% ''>`1,%l.Y�..: L .*��• �, �`, 'E, '1..�•r •, •Lt .t..,-59. \'•.' .L r~ ' "V M/i�T�, Y/.F'' it ,' , • .•'. r •'. • . - y.; ' : � �..'• •� �.'R[S'91��'.1� ji pijicrit:rik bs:• ' •. s:. Ii dRl}i �Cf ii6C�U)? '16i1 13Y:' G3' vrVi'l;r•.• .,�p�sti'.'lpt.t� •Hq �...r: '• • ` �' •A};D',I+i11 �N - luiCtil=1,%;.tii3�'��e�:..Kfl i ='-' : � .. F• , •, ; •.. r.::, � , � �''�; �� t ..:f:"-_• \.'�9�t�',rfk}-'9tY'rrit'-�.._.��• :J--r.•xrrr I '";` , _ •. •t -Nat .19 -i cattfornia•, ••_•• d `w tR'3'',�rgld. ]+� •Ki�les�w = 1 .}• i•' ,r . :•y, ,Y '' .t. f•.; SY: "D ANN r. ti •',t•CdNDI'r'10]7S.A?tD STRICTIONS•. �;Fr--�lo = tA Y,.` ' --' •Alit{EiM�H9� fa. -made as :o€ ,the peoaarap,. 1.. #3_►.a:Qs oi�if;t�a�6YL3r►...y:.;r.: �'c: "c:•:,; - , _ n jot' Ca s , fg � 'C t`# '_ 'ria fan : b?i •: � '� 'F ; ' ud }tett _ �l.. ..,..- :...�.: Isook�I 1 .. 8ecrmaDt. raadr`dad �n, 3anuix� 30,-,,1974 iri -Pook, 11 66r: Rage ji2�'T 01a,049: Pay WCUAIS -r - ,Ea .7, - A4 8 sriir�C i�” b p al-ilao r ti In. � •f+" +' �.'}39 ' r�• i ,.. •. .SIS i � "L ,. _ y ;' •'`- - ".fir' B: •oa,' � an .0of d CCarit.0 s 'ia th 'agsn airy c, l�.Itron5�ock, reduty read': p 4t�¢i� Y: ,(thy -- cpludcsd Prapartyl j. aascra . .-- xr t„a` _ •':�•"L'•.� , ` �:_ Fa`'�•• � ,t•�.. Fr • .moi � �' • •=�+•,• . '.. -. l.. , IL 41i,o • ,. l 61W. �on' o4qs-+,6 iTic ---;jWj7;r'j' qntieft S -h-of af6o3oOmun't n- - 7 .,y atid'. tpt4cr '�Ppxqri4t -,.gQvjr*"nicvAt8'L Apr— s' nap>ucity.as r �c RTRR-'."gHpo", Prope r tI e,** Inc._ - eq m .46 A-Jtl� r ..Oct L �;.i ^..R. '. }Tl �jf,+`j,• [ � -r:•.�1:+'�. _F-.ir"'.. „-T;`�`•, �_�}!r: pp yti �.t,.y lr i!r�'�tl j; l•:r �••' ,y :� - �Y••f � ' 1 ,y _•+� j-. ....'� .9 �,'. :, :r • •'�-• f. ' . 1. t* A ,.:•� - : ;� - •� w y. Y�. y., �• " •:1:4� .r 1 ;fir ,,, f. 'ir,;• •.�'�..,' -.t' . ' � �„ }}�' �,�,��'`.�-�}• •' /� Aft •4 •• •• •r t . •'� '. � � t: f 4�- i 1r��a �lt� if�-fr�`��i��1�'�-fir �• 'Z"1 S _-TT••"^^-_"�"_�._ ikr-Ss • r _ ... - _ ..,. �• .CflU);7TY�•p�':O�Gx;�, �ir`�hi1�d.' : a- '�;� `� 1 ti^'•['••`:—i.�''-iT–•- ttotary.7abliv?'1¢�Y .ting far �aid'S�nta, pctrsorially, 4:'' ;, z. ,�^ ? � �"'1csy33; TitStiiPf" o me o e�ha of, t�1a FaCknore't-- "L ) ti� ,' - ,.tr- �} ;7ii)IsL' CENTER •HLW['OIiT,ht: partttn�Ysliii7Pnt.exeautp�l•t. e .v,fiin 3b .kxu€b4u�,'S-ecfutoW3edcJ ?tsi.me that such partnership okQc,.0. t9d - •,far.; ,47 ••-•_-.•d---tlt-•.r:�-. y� !.._.. �•, , :-i :TST..s-i—sre'r?�wsc.'n..Fs,�-%.."_; �.•-•.....r••>-_-r"'-- �.......,-,+—.... �-., WXTWtS: tay ^' tT �'.'�: _ _ •'ii��-.'.i I /i1_•:S•• � `."'T'_fP. '• �S� • •'.Si .JK :}- f , . r�.Sw.uiM -� S�i+Ma =`.`♦J,A�yp •; •� i!!' -PQ4141. tit 't `•+ T4 • S t.!•.•, 1 iii' Jr•^•.R'�V'ly ' *;• a. • _ -_ •F�rw+F��stui�st'In>�±3415 .'n. - ..1. .. rY — ,+ a.' mss. .. ..y. � - _ s_, - i`—•.�.�_,�..? '"' •- }...�� .' - `.�.�'.�... •---•/r-------'+.-._,•�-rte � .T �. � , Y:��...,,^+.}''ll- ,. Ss t• .. 4.it�.. �..t` , y .'xf•LA `'.:•,� ,��'�F, .,Iti �t±',� ��,' •'5:.�.'F:''�i ,r.. -. �i•'1 g. /.t. .ta}.•rift yaP :'•f'( if •.. ,.t+ -'i �`.'^� •' �;}' .: `�',: � tis,', '+�',� [ •. `-7•'\•• '}•5• t �f.'t•-'�'`. :}�.'�, -..'ry' � :`'i:.,=s• .�i�,hY;'€1 ;t Of '+ t - a', .. •fit `' �• ..;j'. _;,..,y : `{.y,_.. ��.... '!t� k r t•• �.t, ti,1 t "fl �;. i 4- 7• ti. '• �1+-sj-err-1.�' t' .�,.., ,,.. .. *.lt.+^ - .ice .. ..:. �r ,tir � :•. •t •. `'', . r, :� •� .r � ..tom • a'�.�. ar.+>^'t ..a - _ ...Say-�..�r } '' • .. _ - y - . rY . t: ', _ .r: • t t .•.Ii .:13'.':., rY,•w wr s.. • � , > '.• a:fi -. a '' • ,{.-�:.,��y, •' N •- t'r S'' • �. •1' % 4 lor 0 UNT ez 'its ma ai0odi a Hotic iq and for' -Ury 'PUb datd 13tit& t.PQ • 7 :-appepi4od- L 1�10�• Xnown' tq'tme to viles ndist of r, PROPERTIKS NC... K'ma'to be the pdrj)6`n' who -!'!�'�pu�!d the withiPp-instrumnt O�w': —0 o;+tA IP& A a. Lwu Oyi' No 81JUWA gn"A: %4p_xacor lid, irf 400k"..'310,;piggs. 7 Wr'bUjh 21' jjjs,c,<-j a n a cLu's;-,&j npf. ti'u rod: qf:' . . Q..G;Ou Oningo t $,jKLVf i t15r-niu,,'&9 .cr bad --gqVj,�Ws I 14tqTly Corh said t7l 2 heAbe.'.' .410,ng"tho'Northwas(bri'v'�ine. 61"mraid �Ov 12 "No *3 W 20! AB-fdot td'. tho corker if thahm - 'a mQgt;H<)rt; , t tqntj' t1r6-1NOitha44qr1y,1ifie;oX staid Lol:- 49.0111, 3t -ya--4V, 20,'26 fuyt-;. thumrn feet to to thp. $6pth,; wOOUTIYJ_i110 -QS Otct LO 2.17,tho'nca Mop 'Sotith"sfigkly lio'-moxth 1-942neS4 fla 3 26, feet to tv. % 77t t." 7, . ..... yk -el 91, .4 4 A, 7 C oll 101 q I ATTACHMENT 5 RECORDING REQUESTED BY: Stewart Title Company AND WHEN RECORDED MAIL TO: Stewart Title Company 2010 Main Street, Suite 250 Irvine, California 92714 Attention: Ms. Cynthia Kroesch Escrow No. 05028621 necoraeu in the county of orange, catifornia Gar Granville Clark/Recorder I!loin q1, e 9960436398 3:06pm 08/26/96 005 10010741 10 18 A17 29 7.00 94.00 0.00 0.00 0.00 0.00 THIS TK!" AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Amendment") is made as of this? j 1 day of August, 1996 by the undersigned parties (collectively, the "Undersigned") for the purpose of amending that certain Declaration of Covenants, Conditions and Restrictions dated as of June 18, 1973 and recorded on July 20, 1973 in Book 10811, Page 683 of the Official Records of Orange County, California, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions Koll Newport Center dated January 29, 1974 and recorded on January 30, 1974 in Book 11066, Page 822 of the Official Records of Orange County, California, and that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, dated January 10, 1975 and recorded January 15, 1975 in Book 11323, Page 916 of the Official Records of Orange County, California (as so amended, the "CC&Rs"). All capitalized terms used but not defined herein have the meanings specified in the CC&Rs. RECITALS A. Pursuant to Section 11.02 of the CC&Rs, the CC&Rs may be amended by written consent of the Owners of seventy-five percent (75%) of the Property subject to the CC&Rs. B. The Undersigned constitute seventy-five percent (75%) or more of the Owners of the Property subject to the CC&Rs. C. The Undersigned desire to amend the CC&Rs as more fully set forth herein. 6-91651 Y.2 Space above for Recorder's Use Only �D Ni THIRD AMENDMENT TO [J DECLARATION OF COVENANTS, ` CONDITIONS AND RESTRICTIONS CENTER NEWPORT KOLL THIS TK!" AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (this "Amendment") is made as of this? j 1 day of August, 1996 by the undersigned parties (collectively, the "Undersigned") for the purpose of amending that certain Declaration of Covenants, Conditions and Restrictions dated as of June 18, 1973 and recorded on July 20, 1973 in Book 10811, Page 683 of the Official Records of Orange County, California, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions Koll Newport Center dated January 29, 1974 and recorded on January 30, 1974 in Book 11066, Page 822 of the Official Records of Orange County, California, and that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, dated January 10, 1975 and recorded January 15, 1975 in Book 11323, Page 916 of the Official Records of Orange County, California (as so amended, the "CC&Rs"). All capitalized terms used but not defined herein have the meanings specified in the CC&Rs. RECITALS A. Pursuant to Section 11.02 of the CC&Rs, the CC&Rs may be amended by written consent of the Owners of seventy-five percent (75%) of the Property subject to the CC&Rs. B. The Undersigned constitute seventy-five percent (75%) or more of the Owners of the Property subject to the CC&Rs. C. The Undersigned desire to amend the CC&Rs as more fully set forth herein. 6-91651 Y.2 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Amendment, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Undersigned hereby agree as follows: as follows: The CC&Rs are hereby amended as follows: (a) Section 1.03 is hereby amended to insert the following new definitions: (u) "Aetna" shall mean Aetna Life Insurance Company, a Connecticut corporation. (v) "Parcel 4" shall mean that portion of Parcel 4 of the Property more fully described on Exhibit ."_A" attached hereto and made a part hereof. (b) Section 2.02 of the CC&Rs is hereby amended and restated in its entirety 2.02 Parcels. From time to time, Declarant may develop or convey existing Lots or resubdivided portions of Lots to various Owners for development as a single unit in accordance with the provisions hereof and of the Development Standards. Such Lots or portions of Lots (`Parcels") may be used and improved for any purpose permitted herein and in the Development Standards. The Owners and Occupants of such Parcels shall be entitled to non-exclusive use of all Common Areas and the Improvements constructed thereon, but shall not be entitled to the use of the Common Parking Areas. However, Declarant may grant to such Owners and Occupants a non-exclusive right to the use of any driveways which may cross any Common Parking Areas for reasonable access to their Parcel as such driveways may, from time to time, be located or relocated by Declarant. Furthermore, notwithstanding anything to the contrary in this Section 2,02 or any other provision of this Declaration, the record Owner of the Common Parking Areas located on Parcel 4 shall have the right in its absolute discretion without the need for the consent of any Owner or Occupant to grant to the Owner or Occupant of any other Parcel and their respective agents, employees, customers, tenants, subtenants, invitees and licensees nonexclusive easements and licenses for ingress and egress in, over, and through Parcel 4 for the purposes of using, at all times in accordance with this Declaration, any driveways which may cross the Common Parking Areas on Parcel 4 for access to any such Owner's or Occupant's Property and any parking spaces within the Common Parking Areas on Parcel 4. Consistent with the foregoing, the Owners expressly recognize and ratify the validity and effectiveness of that certain Parking License Agreement, dated as of March 10, 1983, by and between Aetna la -93528 v.2 2 and Mac Arthur Hotels Limited Partnership, a California limited partnership, a memorandum of which was recorded on March 15, 1983 as Instrument No. 83-109455 in the Official Records of Orange County, California, Said License Agreement provides for, among other things, the grant of a non-exclusive license by Aetna to use up to 171 standard size automobile parking places located on Parcel 4. (c) Exhib ft "A" attached hereto is hereby appended to and made a part of the CC&Rs asxhibit " " thereto. 2. In the event of a conflict between the terms of the CC&Rs and the provisions of this Amendment, the terms of this Amendment shall control. This Amendment shall be deemed to form a part of the CC&Rs and, except as specifically supplemented herein, the terms of the CC&Rs shall remain unaffected and unchanged by reason of this Amendment. 3. This Amendment may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, taken together, shall constitute one and the same instrument. ISIGNATURES ON NEXT PAGE) la -83528 v.2 3 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 8, a California limited partnership By: KCN HOLDINGS, a C rnia general partnershi By: Name: M��-1 Title: General Partner 0 K J.'aBy: Name: FLkAo*tr- Title: General Partner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation BY Name: Title: (SIGNA'I'UM CONMUED ON NEXT PAGE) 3a-83528 v.2 4 IN WfrNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 8, a California limited partnership By: KCN HOLDINGS, a California general partnership By: Name: Title: General Partner By: Name: Title; Qe=01 Partner By: AETNA CO[vIPA By: Nat r t ANT VICE PRESIDENT [SIGNATURES CONTINUED ON NEXT PAGE] to -83528 v.2 4 r 'IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 9, a California limited partnership By: AETNA COMPA By:_ Nam ASSISTANT VICE PRESIDENT [SIGNATURES CONTINUED ON NEXT PAGE] fa -83528 v.2 5 1 1N WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 10, a California limited partnership By: KCN HOLDINGS, a California general partnershi By: Name: k�+KS Title: FuMe L e: Title: GeneralPartner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By:_ Name: Title: [SIGNATURES CONTINUED ON NM PAGE] la -83528 v.2 6 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 10, a California limited partnership By: KCN HOLDINGS, a California general partnership By: Name: Title: General Partner By: Name: Title: General Partner By: AETNA COMPA /.l.�r�► [SIGNATURES CONTINUED ON NEXT PAGE) 1a-83528 v.2 6 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 11, a California limited partnership By: KCN HOLDINGS, a Cala general i halt[. lr By:_�. Title: Cign =� By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Name: Tide: [SIGNATURES CONTII+IUEU ON NEXT PAGE] la -83528 v.2 7 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 11, a California limited partnership By: KCN HOLDINGS, a Califomia general partnership By:— Name: Title: General Partner By: Name: Title: General Partner By: AETNA COMPANY, a NWWAM&-F-� n - L. E MEM ILA A �=W McmIj— akWIN ASSISTANT VICE PRESIDENT [SIGNATURES CONTWUBD ON NEXT PAGE1 la -83528 v.2 7 IN WITNESS WHER'BOF, the Undersigned have executed this instrument on the day and year first above written. AETNA LIFE INSURANCE COMPANY, a Connecticut co r 'on 12 'Ry - Name: Title. S]STARfV-r1-C—E PRESIDENT (SIGNATURES CONTINUM ON NEXT PAGE] In -83528 v.2 8 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and Year first above written. KOLL CENTER NEWPORT NUMBER 14, a California limited partnership B y: AETNA COMPA By: Nay [StGNATLTM CONT94TJW ON NEXT PAGE] la -83528 v.2 9 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 15, a California limited partnership By: Name: Title: General Partner BALI & Y� Name: R, C. Elliott Title: Gengid Partner By:_ Name: D. P. Middlemas Title: Genesi Partner By: Name: Timo y L. Stradex Title: General Partner By: Name: Title: General Partner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By:_ Name: Title: iSIGNAnWS CONaRM ON NEXT PAGE] 1a-83528 v.2 10 IN WyrNF,SS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 15, a California limited partnership By: KCN HOLDINGS, a California general partnership Rv- -.1 Name: Title: General Par er Rv- j- - Name: Title: General Partner By: Name: Title: General Partner By: Name: Title: General Partner By: Name: Title: General Partner By: AETNA COMPA [SIGNATURES CONTINUED ON NEXT PAGE) )a-63528 v.2 10 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORTBER A, a By: Co*" Name: - fie.° ►t-f� Title: erl Pater By: Name: R. C. E1110tt Title: General Partner By: OPG - Name: D. P. Middleman Title: General Partner By: 1 Name: Timothy . Strader Title: General Partner By:_ Name: Title: General Partner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, General Partner By:_ Name: Title: [S[GNATURES CONT]NUED ON NEXT PAGE] I1 1a-61651 IN WITNESS WHEREOF, the Undenigned have executed this instrument on the day and year first above written. KOLL Ch�TFR NEWPORT NUMBER A, a California limited partnership By: Name: Title: General Partner By: Name: Title: General Partner By: Name: .� Title: Gencral Partner By: Naini: Tide: General Partncr By: Name: Title: General Partner By: AETNA LIFE INSURANCE COMPANY, Connecticut co ralii (General P By: K- -/ w,i . i . 7,7& (SIGNATURES CONTINUED ON NEXT PACE] II 1&°81651 PALMCO CORPORATION, a Califomia corporation By: Name: r✓� Title: ISIGNA'TURES CON nQJEU ON NEXT PAGE] la -83528 v.2 1.2 ROCKWELL IN'I'BRNATIONAL CORPORATXQN, a Delaware corporation By:` Name: Title: (SIGNATURES CONTINUED ON NEXT PAGE] 13 la -83528 v.2 KOLL CORPORATE ASSOCIATES, a California general partnership By: Name: Title: 1a-83528 v.2 1� LEON LYON AS TRUSTEE FOR TES WILLIAM HARWELL 1976 TRUST 15 STATE OF CALIFORNIA ) ss. COUNTY OF -L' ) On a 1991 before me, the undersigned, a Notary Public in and for said Stat personally appeared C t personally known to County and , P to be the person() whose namejoj me ( executed the ish a subscribed to the within instrument and acknowledged to me that helms same in him authorized capacity, and that by hidbeW'signature(oon the instrument the person(t), or the entity upon behalf of which the person(4 acted, executed the within instrument. WITNESS my hand and official seal. Notary Public 1a-71713 LINDA C. GALT v r ., ;, •a Comm. 01038942 r NOTARY PUBUC - CAUF0471M Otao County (L �. ,' 5 +,�' W Comm Erj)Vn © t 3 191 A 1a-71713 STATE OF CALIFORNIA } ss. COUNTY OFcrap, } On August?2, M6, before me, the undersigned, a Notary Public in and for said County and State, personally appeared R.C. Ealfott srd D.P. MidneM -, personally known to o be the person(s) whose name(s) me .Ware subscribed to the within instrument and acknowledged to me that 4o4#eAhey executed the same in hjgj+w/their authorized capacity(ies), and that by their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. • C wmb*m#CNSON 066223 Notary PNC — "W*lb It COUI'It1I z ORANGE w U Z6,1V99 My CM". Expk Is -81651 i STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA On August 21, 1996, before me, Andrea Steen, a Notary Public in and for said County and State, personally appeared Stephen J. Pile, personally known to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State My commission expires on August 20,1999 4100 %FMvCom Wi AUG 1M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On August 23, 1996, before me, Mary Ann Johnson, Notary Public, in and for said County and State, personally appeared Timothy L. Strader, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the within instrument. WITNESS my hand and official seal. 11 7 LT �..►% . . Fo+WI�Mi STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On�. 23 � 199k before me, the undersigned, a Notary Public in and for said County and State, personalty appeared INJOA KIM personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within crostniment' nd s), and thattbyged to me hislher/thea signatures on the helshelthey ted the same in his/her/their authorizedp t'y( instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. OMMOCOLM la -83528 STATE OF CALIFORNIA ) ss. COUNTY OF ) On 1991, before me the undersi ed, a Notary Public in and for said County and St te, personally appeared C • personally known to me (or proved to me on the basis of satActory evide ce) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hrsheJthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. f tary Public LIS EAURIE ANN WAR5ZAWM COMM. f 914921 Notary P�Uc — C0310Ma ORANGE COUN Y My Comm. E)g*n OCT 4.19% 1a-83528 STATE OF CALIFORNIA) COUNTY OF ORANGE ) On August 20, 1996 before me, Julie A. Dolphin, a Notary Public in and for said state, personally appeared Raymond E. Wirta (personally known to me muryVlde-507 to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. —4b - /12. for *id S te N lic. in and for tate STATE OF CALIFORNIA ) ) ss. COUNTY OFQM�Cot- ) On 1) 1991, before me, the undersigned, a Notary Public in and for said County and Sta e, personally appeared. LeaQ L-4DO , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hiAer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. Wr NESS my hand and official seal. v N � lic NMAWPLsw-cAuF*W" low=C r ons COLWM MY WortE* Y20, Too 1528 EXHIBIT "A" L a! Descri tion of Parcel 4 THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 81-706, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNI& AS PER MAP RECORDED IN BOOK 173 PAGES 31, 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE CONY RECORDER OF SAID COUNTY, SHOWN AND DESCRIBED AS PARCEL B OF LOT LINE ADJUSTMENT N.B.L.L.A. NO. 86-12 RECORDED OCTOBER 28, I986 AS INSTRUMENT No. 86-S 10728 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ]a-83528 v.2 A-1 ATTACHMENT 6 1t,L+'l:ui VINU REQUESTED BY STEWART TITLE RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO; Stewart Title Company 2010 Main Street, Suite 250 Irvine, California 92714 Attention: Escrow No. Recorded in the county of orange, California L, Granville, CierkfRocorder iOar 11 N 106.00 19970273424 1:00pm 06/13/97 005 14009140 14 20 A23 34 7.00 99.00 0.00 0.00 0.00 0.00 [Space above this Line for County Recorders Use Only] FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF KOLL CENTER NEWPORT THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, V\ CONDITIONS AND RESTRICTIONS OF KOLL CENTER NEWPORT (this 0111 "Amendment") is made as of this _ day of April, 1997, by the undersigned parties -�>- (collectively, the "Undersigned") for the purpose of amending that certain Declaration of no Covenants, Conditions and Restrictions of Koll Center Newport, dated as of June 18, 1973, and recorded on July 20, 1973, in Book 10811, Page 683, of the Official Records of Orange County, California (the "Official Records"), as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions Koll Newport Center, dated as of January 29, 1974, and recorded on January 30, 1974, in Book 11066, Page 822, of the Official Records, that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, dated as of January 10, 1975, and recorded January 15, 1975, in Book 11323, Page 916, of the Official Records, and that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, dated as of August, 1996, and recorded August 26, 1996, as Instrument No. 96436398 of the Official Records (as so amended, the "CC&Rs"). All capitalized terms used but not defined herein have the meanings specified in the CC&Rs. RECITALS A. The Property encumbered by the CC&Rs includes that certain land described on Schedule 1 attached hereto and incorporated herein by reference. B. Pursuant to Section 11.02 of the CC&Rs, the CC&Rs may be amended by written consent of the Owners of seventy-five percent (75%) of the Property subject to the CC&Rs. C. The Undersigned constitute seventy-five percent (75%) or more of the Owners of the Property subject to the CC&Rs. D. The Undersigned desire to amend the CC&Rs as more fully set forth herein. Is -131126 AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Amendment, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Undersigned hereby agree as follows: l . The following new Section 2.05 is hereby added to the CC&Rs: 112.05 Notwithstanding anything to the contrary contained in the CC&Rs (including, without limitation, in Section 2.02), the record Owner of the Common Parking Areas located on that certain parcel of real property described on Exhibit B-1 attached hereto ("Parcel 2') shall have the right in its absolute discretion, without the need for the consent of any Owner or Occupant, to grant to the Owner or Occupant of that certain parcel of real property described on Exhibit B-2 attached hereto, for the benefit of such Owner or Occupant, and their respective agents, employees, customers, tenants, subtenants, invitees and licensees, a nonexclusive easement for parking purposes and purposes incidental thereto on that portion of Parcel 2 described on EchHA B-3 attached hereto, at all times subject to and in accordance with this Declaration." 2. All references in the CC&Rs to the "Declaration" shall mean the Declaration as amended hereby. 3. The undersigned hereby incorporate by reference that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport, dated as of August, 1996, and recorded August 26, 1996, as Instrument No. 96-436398 of the Official Records of Orange County, California. 4. In the event of a conflict between the terms of the CC&Rs and the provisions of this Amendment, the terms of this Amendment shall control. This Amendment shall be deemed to form a part of the CC&Rs and, except as specifically supplemented herein, the terms of the CC&Rs shall remain unaffected and unchanged by reason of this Amendment. 5. This Amendment may be executed in one or more counterparts, each of which shall, for all purposes, be deemed an original and all such counterparts, takers together, shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] ie•131126 IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 8, a California limited partnership By: KCN HOLDINGS, a California general partnership By: Name: Tirno h z. strader Title: Gene artner By: Name: David P. Middlemas Title: General Partner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Name: Title: [SIGNATURES CONTINUED ON NEXT PAGE] Is -131126 STATE OF CALIFORNIA ss. COUNTY OF _ orange On A rim z 3o^, 199, before me, the undersigned, allotary Public in and for said County and State, personally appearedpersonally known to me OvidORto be the person(s) whose name(&) is/amsubscribed to the within instrument and acknowledged to me that hoWwAhey executed the same in him authorized capacity, and that by hMwAhek signature(s) on the instrument the person(e� or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. MkWAWJOHNM f i :a• Notall Pu6:a -- Cditr>da my .19W STATE OF CALIFORNIA ss. COUNTY OF a�— Notary Public On�n,+�i 3�� I997, before me, the undersigned, a Notary Public in and for said County and State, personally appeared David P. Middleman personally known to ) to be the person* whose nam*- me islve subscribed to the within instrument and acknowledged to me that ha hakh"xecuted the same in his4wn4heir- authorized capacity(ies), and that by hisAedlheir- signattue(s} on the instrument the person(, or the entity upon behalf of which the person* acted, executed the within instrument,. WITNESS my hared and official seal. MARY ANN JOHNSON Cammhdon # 1066223 Z NotaY PLMC — C fOMIa ORANGE COUW M�rCo . ftko*JU 26, i24'P h-131126 aj Notary Public IN WITNESS WHEREOF, the Undersigned have executed this instrument on the day and year first above written. KOLL CENTER NEWPORT NUMBER 8, a California limited partnership By: KCN HOLDINGS, a California general .+r partnership By: Name: Title: General Partner By: _ Name: Title: General Partner By: AETNA LIFE INSURANCE COMP nnecticut rporation By. N VASSISTANT VICE PRESIDEN i (SIGNATURES CONTINUED ON NEXT PAGE) la•13I126 STATE OF CALIFORNIA ) ss. COUNTY Ol` On r11- I99 3', before me, the undersigned, a Notary Public in and for said County and State, personally appeared �' ��`� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nwne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in bis/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. wuc.� Carrsibion r I12NZ6 rte, spa—CdkM o � 2M STATE OF CALIFORNIA 5S. COUNTY OF ^ X1 Notary Public on I99___, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisfherltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument.: — WITNESS my hand and official seal. Notary Public 1e-131126 KOLL CENTER NEWPORT NUMBER 9, a California limited partnership By; SNA LIFE INSURANCE COMp4 Co tic ration By: N DENT -" Title: By: D. K. Properties, L.P., a California limited partnership By: _ Name: Title: [SIGNATURES CONTINUED ON NEXT PAGE] la -131126 STATE OF CALIFORNIA ) r ) ss. COUNTY OF On ! 7 1 d3 , 199 `before me the unders�ed, a Nosy public in and for said County and tate, personally appeared Rl� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized entity upon behalf of which ihe, and that by e1persan(s�ted,(s) on the executed the instrument the person(s), or ty P within instrument, WITNESS my hand and official seal. Ruch Canimm •son COU* 11 1126 Noloryfl,�:a—G�oeio MV Cpm► EVw im 2L1. 7001 STATE OF CALIFORNIA ss. COUNTY OF .C' Notary Public On � 199 before me, the undersigned, a Notary public in and for said County and State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ty upon behalf of which the person(s) acted, executed the instrument the person(s), or the enti within instrument. WITNESS my hand and official seal. Notary Public Is -111126 KOLL CENTER NEWPORT NUMBER 9, a California limited partnership By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: _ Name: Title: By: D. K. Properties, L.P., a California limited partnership Name: Donald M - o I Title: [SIGNATURES CONT MD ON NEXT PAGE] 1e-131126 STATE OF CALIFORNIA ) } 5S. COUNTY OF } On *1992, before me, the undersigned, a Notary Public in and for said County and tate, personally appeared —iYl•�cb- _, personally known to ine to be the pemsonK whose narneot is/ipe subscribed to the within instrument and acknowledged to me that he/*JtW executed the same in his/l*tlpd'r authorized capacity(i;4 and that by hi&W/thorsignatureo on the instrument the person04, or the entity upon behalf of which the personOO acted, executed the within instrument. WITNESS my hand and official seal. No Liblic rtxt��ootA+�+ oNa�r�ioa � �6tp7 �Iolrlrt�—ate 000 Oaf Yy Oanm. Fipiiw ti1� 1 t. iMr KOLL CENTER NEWPORT NUMBER 10, a California limited partnership By: KCN HOLDINGS, a Califomia general partnership By: Name• mi Title: General Partner By: Name: David P. Mi.ddiemao Title: d eral Partner By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By: Name: Title: [SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ss. COUNTY OF _ ommgr.— On A rim a_ 30 � 199 before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me to be the persons) whose name(} isAvae subscribed to the within instrument and acknowledged to me that her executed the on the same in his4wAh& authorized capacityHee), and that by hisAwAhek signature{q) instrument the person4 or the entity upon behalf of which the persons acted, executed the within instrument. WITNESS my hand and official seal. awry, MJOHNM Ca't�0EtI10�223 .0 N*Wbio—Cdfw%a. MV CrdlL M26 p• 19W STATE OF CALIFORNIA ss. COUNTY OF orano— Notary Public On _Z= , 1991, before me, the undersigned, a Notary Public in and for said ;, �n County and State, personally appeared David P. Middleman personally known to me ) to be the person* name(s)- me the isle subscribed to the within instrument and acknowledged to me that h� the same in him authorized capacity(ies), and that by hi�fsignaturo* instrument the persons}, or the entity upon behalf of which the person* acted, executed the within instrument.. WITNESS my hand and official seal. MARY ANN ,iOHNSON ORAWE W Com 0WA —,9" 1e -13112G Notary Pub1i KOLL CENTER NEWPORT NUMBER 14, a California limited partnership By: KCN HOLDINGS, a California general partnership By: Name: Title: General Partner By: _ Name: Title: General Partner By: AETNA LIFE INSURANCE COMP Y Co ex corporation By. HEN J. PlLCH N Title: ASSISTANT VI ENT [SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ) ) ss. COUNTY OF� r4'r'xa ) OntZe-,-personally � 1 a3 149before me, the undersigned, aPptary Public in and for said personally known to County and appeared _ P Y me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal, M "•lem 0—�Jn gLM STATE OF CALIFORNIA ss. COUNTY OF Notary Public On _ , 199_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument.- - WITNESS my hand and official seal. Notary Public te-131126 KOLL CENTER NEWPORT NUMBER 14, a California limited partnership By: AETNA LIFE INSURANCE COMPANY, ecticu co tion By: Name . PiLCH Title: S ISTANT VICE f!RESIDENT By: D. K. Properties, L.P., a California limited partnership By: Name: Title: [SIGNATURES CONTINUED ON NEXT PAGE1 1a-131126 STATE OF CALIFORNIA ) ) S5. COUNTY OI'` �"`) On"tate, 199 before me a undersigned, Notary Public in and for said Cour annally appeared .r% � /� personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument, WITNESS my hand and official seal. Gor Mkiwctmw o�� soman f+ar�d�o Notary Public STATE OF CALIFORNIA ) r ss. COUNTY OF_ ) On 199 before me, the undersigned, a Notary Public in and for said. County and State, personally appeared _ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hiAer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hared and official seal. NotaryPublic 1e-131126 KOLL CENTER NEWPORT NUMBER 14, a California limited partnership 'By: AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By. Name: Title: By: D. K. Properties, L.P., a California limited partnership By: Name: I i Title:—rit�t'i't2f [SIGNATURES CONTMNUED ON NEXT PAGE] 1e•1311z6 STATE OF CALIFORNIA ) ) ss. COUNTY OF D"gr— ) On Qpyklq 1993, before m , the undersigned, a Notary Public in and for said County : and to personally appeared f!? Ke personally known to me be the persons whose naive" is/* subscribed to the within instrument and acknowledged to me that he/s*/*Y executed the same in his/hpdth* authorized capacity(i%), and that by his/bm tW signatur*) on the instrument the personoO, or the entity upon behalf of which the personal acted, executed the within instrument. - WITNESS my hand and official seal. , No P blit AM A. DOLPM Cgn�i0e1 f 6p6121 Npt�ry P�AAo--C�nq of i WjW Yy Gwnnt Fps MW 19, 1W M-131126 SAMMiS PROPERTIES L.P., a Califomia limited partnership By: LSA -SUTTON, INC.; a By: i Name: Title: SUTTON PLACE MacARTHUR, LLC, a Califo imited lia ' ity-company By: Name: , Title: �r+� (SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ) ) 55. COUNTY OF ��. ) On o73 1991 before me the undersi ed, a Notary Public in and for said County and tate, personally appeared Zee ClS personally known to me ( to be the person05 whose nameo) J islare subscribed to the within instrument and acknowledged to me that he/sbe?�executed the same in his/htrMeir authorized capacity(4a), and that by his/heAhak signature( d) on the instrument the personfg), or the entity upon behalf of which the person(*) acted, executed the within instrument, WITNESS my hand and official seal. I *• .z., . LINDA L. GALE Notary Public X Comm. # 1038942 NOTARY PVWG - C►lilFORNA Q V Orange county 40F a My Com Wkes OcL 3. IM 1 STATE OF CALIFORNIA ss. COUNTY OFA `* On a4 1991, before me, the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me to be the person(a) whose name(* ishm subscribed to the within instrument and acknowledged to me that helexec ted the same in him authorized capacity(im), and that by his/herfdtek signature* the instrument the person, or the entity upon behalf of which the person(p) acted, executed the within instrument.- — WITNESS my hand and official seal. Mij, 0,11 M 4 Own* "# O $W 1 s-131126 KOLL CENTER NEWPORT NUMBER A, a California limited p ers By: Name: Title: General Partner By: _.. Name: David P. Middlemas Title: General Partner By: Name: Stanley F., -1341khaff Title: General Partner By: kRik�� Name: Title: General Partner By: Name: Title: General Partner By: AETNA LIFE )INSURANCE COMPANY, a Connecticut corporation By: Name: Title: (SIGNATURES CONTINUED ON NEXT PAGE] W131126 STATE OF CALIFORNIA ) ss. COUNTY OF ) On A ri�__, 1997.a before me, the undersigned, a Notary Public in and for said County and State, personally appeared mimothx_i{• StraBAr personally known to me to be the person(a) whose szame(s} isles subscribed to the within instrument and acknowledged to me that heish executed the same in hi&4wW hek authorized capacity(tes), and that by him signature(} on the instrument the person(4 or the entity upon behalf of which the persons acted, executed the within instrument. WITNESS my hand and official seal. COMA" 1 Hatflry 4e�dc — calfania GO ORANGE COUNTY MyCOMM, bpka JU 26.1994 STATE OF CALIFORNIA SS. COUNTY OF gran Notary Public On i( , 199E before me, the undersigned, a Notary Public in and for said County and State, personally appeared David P. MiddLemas personally known to me ) to be the persons}whose name* War* subscribed to the within instrument and acknowledged to me that h executed the same in hisAwAheip authorized capacity**, and that by himsignature* on the instrument the person*, or the entity upon behalf of which the person* acted, executed the within instrument,. WITNESS my hand and official seal. MA WAIMMWWN Ooh- # 1WW '*=OWN * •• cuitomia &V OMM OPMo dt1Lwj 1e-131126 Notary Pub c STATE OF CALIFORNIA ss. COUN'T'Y OF xa OnApril 30--, 1997 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared stani ey F. Brockhoff personally known to me ) to be the persons whose name islessubscribed to the within instrument and acknowledged to me that heAhvAhey executed the same in hisk&dvaej; authorized capacitA es p and that by him signature(e) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. MARY ANN JWMON Commbdon ! 1064223 Notary Pylic — Coikornta ,+ ORANGE COUW My Comm. Expires JW ib. 1090 STATE OF CALIFORNIA ss. COUNTY OF —Dranga_ Notary Public On may 2, 1992 before me, the undersigned, a Notary Public in and for said appeared R. C. E3.3.iott , personally known to County and State, personally to be the person*whose name* me War& subscribed to the within instrument and acknowledged to me that he/ehaAhey executed the same in hisAen4hik authorized capacity, and that by his their signature(&) -on the instrument the person(s), or the entity upon behalf of which the person(q}-acted, executed the within instrument. WITNESS my hand and official seal. 1e-131325 Notary T'ubli KOLL CENTER NEWPORT NUMBER A, a California limited partnership By: Name: Title: General Partner By: Name: Title: General Partner By: Name: Title: General Partner By: Name: Title: General Partner By: Name: Title: General Partner By: AETNA CONTA 0 L;' -ASSISTANT VICE PRESIDEN . [SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ) �y,. ) ss. COUNTY OF�''!`� ) On Wi j a• 3 1g9' , before me a undersigned, a Notary Public in and for said County and State, personally appeared �14t. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signaturo(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Pon Notary Public comr�f 11240 WC0MSmear+ r,B0MJM23, aool STATE OF CALIFORNIA ) ss. COUNTY OF On�,199� before me, the undersigned, aNotary bpersonallyfor known to County and State, personally appeared satisfactory acknowledged ed to me thatrsonhelshelthey ex(s) whose ecuted me (or proved to me on the basis of ted the is/are subscribed to the within instrument S same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persan(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public ie•131126 JM PETERS COMPANY, INC., a Delay o tion By: Name. Title, ` [SIGNATURES CONTINUED ON NEXT PAGE) i■.1311za STATE OF CALIFORNIA ss. COUNTY OF OR LANCE On Max 1 , 199 before me, the undersigned, a Notary Public in and for said County and State, personally appeared DALE DOWERS personally known to me ( } to be the person�4 whose name 6/are subscribed to the within instrument and acknowledged to me that /she/they executed the same inTher/their authorized capacityo, andithat �cg"erp/ orrsiigncted,gecuon the the instrument the person, or the entity upon�°! within instrument. WITNESS my hand and official seal, obi►# 1WM Ejap"PAft_jo STATE OF CALIFORNIA ) COUNTY OF } I gcovc Notary Pub On ' 199_, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known -to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within inshument. WITNESS my hand and official seal. Notary Public 1a-131126 PALMCO CORPORATION, a California corporation By: - Name: n oa Kim Title: Secretary [SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ) } ss. COUNTY OF } p .�1 1992, before me, undersign a Notary Public in and for said County and tate, personally appeared s, personally known to me (or proved to me on the basis of satisfac ryevid ce) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument WITNESS my hand and official seal. JUMA,A" N*vVPtkic-.00*ffrb LN.F..MI►OMME*Mty 19,1MM STA'T'E OF CALIFORNIA ) } ss. COUNTY OF } FW�Public On 199 before me, the undersigned, a Notary Public in and for said County and State, personally appeared _ personally known -to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public ItA31126 ROCKWELL SEMICONDUCTOR SYSTEMS, INC a Delaware corporation By: 4;� k. Name: Title: [SIGNATURES CONTINUED ON NEXT PAGE] 1a-131126 STATE OF CALIFORNIA ss. COUNTY OF � ) On-Aki 1991, before me, the undersigned, a Notary Public in and for said rY , Pe Y Ply � ' C[,L, , personally known to Cour and S to personal appeared 1'�!>tiR5 _ me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) _Ware subscribed to the within instrument and acknowledged to the that he/she/they executed the -- same in hiss/her/their authorized capacity(ies), and that by 1%s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. atary Public jgm �nWI� 1�i131� STATE OF CALIFORNIA ss. COUNTY OF ) On ,199 before me, the undersigned, a Notary Public in and for said County and State, personally appeared _ , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiber/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument- - WITNESS my hand and official seal. 1e-131126 Notary Public (to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport) Parcel 2 of Parcel Map No. 82-713, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 181 Pages 13 through 19, inclusive, of parcel maps, in the office of the County Recorder of said County. 1a-131126 EXHIBIT B-2 (to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport) LEGAL DESCRIPTION OF THE BENEFITED PARCEL PARCEL 1 OF PARCEL MAP NO. 91-155, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 266, PAGES 16 THROUGH 22, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Is -131176 EXHIBIT B-3 (to Declaration of Covenants, Conditions and Restrictions of Koll Center Newport) LEGAL DESCRIPTION OF THE PARKING EASEMENT An easement for parking purposes over a portion of Parcel 2 of Parcel Map No. 82-713 in the City of Newport Beach, County of Orange, State of California, as shown on a map recorded in Book 181, Pages 13 through 19 inclusive of Parcel Maps, in the office of the County Recorder of said County, more particularly described as follows: The Southwesterly 165.00 feet of the Southeasterly 17.00 feet of said Parcel 2. ia-131126 KHEDULE 1 (to the Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Koll Center Newport) All of that certain real property in the City of Newport Beach, County of Orange, state of California, described as Lots 3, 4, 5, 6, 8, 9, 10, 12, 13 and 14 of Tract No. 7953, as shown on the Tract Map recorded in Book 310, Pages 7 through I I of Miscellaneous Maps, in the office of the County Recorder of Said County. EXCEPT THEREFROM, that portion of Lot 12 of Tract No. 7953, in the City of Newport Beach, as shown on the map recorded in Book 310, Pages 7 through 11 of Miscellaneous Maps, records of the County of Orange, State of California, described as follows: BEGINNING at the most Westerly corner of said Lot 12; thence along the Northwesterly line of said Lot 12, North 40°38'26" East, 289.08 feet to the most Northerly corner of said Lot 12; thence along the Northeasterly line of said Lot 12, South 4911934" East, 28.26 feet; thence parallel with said Northwesterly line, South 40°38'26" West, 289.06 feet to the Southwesterly line of said Lot 12; thence along said Southwesterly line, North 49"21'34" West, 28.26 feet to the POINT OF BEGINNING. Ia-131126