Restrictions Caliente Casa de Sol Retirement Community

AMENDED DECLARATION OF RESTRICTIONS

CALIENTE CASA DE SOL

UNIT ONE, UNIT TWO, UNIT THREE & UNIT FOUR

FLORENCE, ARIZONA

KNOW ALL MEN BY THESE PRESENTS:

That the CALIENTE CASA DE SOL PROPERTY OWNERS ASSOCIATION, Pursuant to a two-third’s vote of the membership, in conjunction with First American Title Insurance and Trust Company, sometimes herein referred to Declarant, which parties represent the parties lawfully constituted to amend the deed restrictions, have acted hereto to amend the deed restrictions of:

Lots One (1) through Two Hundred Nineteen (219) inclusive, Caliente Casa de Sol, Unit One, a subdivision of a portion of Section 24, Township 4 South, Range 9 East, of the Gila

and Salt River Base and Meridian, Town of Florence, Pinal County, Arizona, described

as follows:

Commencing at the center of Section 24, thence south 0º 02' 30" West, 568.55', thence North

89º 39' West, 200.66' to the true point of beginning, thence South 0º 21' West, 215.90', thence

South 89º 39' East, 209.42', to a point in the westerly right of way line of State Highway,

thence southerly along said right of way on a curve to the left having a radius of 5829.58',

147.63', thence North 89º 39' West, 177.02, thence South 0º 21' West, 156', thence North

89º 39' West, 879', thence North 0º 21' East, 448.90', thence South 89º 39' East, 90.36', thence

North 0º 21' East, 67.00', thence South 89º 39' East, 788.64' to the point of beginning,

containing 10.91 acres, according to the plate thereof of record in the Office of the County

Recorder of Pinal County, Arizona, in Book 18 of Maps, Page 19 thereof, and as amended

in Book 18 of Maps, Page 35.

Lots Two Hundred Twenty (220) through Four Hundred Ninety-Eight (498) inclusive, Caliente Casa de Sol, Unit two, a subdivision of a portion of Section 24, Township 4 South, Range 9

East, of the Gila and Salt River Base and Meridian, Town of Florence, Pinal County, Arizona,

described as follows:

Commencing at the center of Section 24, thence S. 0º 02' 30" W., 571.45', thence N. 89º

39' W., 1166.30' to the true point of beginning, thence S. 0º 21' W., 64.1', thence S. 89º

39' E., 86.64', thence S. 0º 21' W., 448.90', thence N. 89º 39' W., 1060.26', thence N. 0º

01' E., 379.00', thence S. 89º 39' E., 45.46', thence N. 0º 21' E., 134.00', thence S. 89º 39'

E., 930.36' to the point of beginning, containing 12.236 acres, according to the plat

thereof of record in the Office of the County Recorder of Pinal County, Arizona, in

Book 18 of Maps, Page 36 thereof.

Lots Four Hundred Ninety-Nine (499) through Six Hundred Seventy (670) inclusive,

Caliente Casa de Sol, Unit Three, a subdivision of a portion of Section 24, Township 4

South, Range 9 East, of the Gila and Salt River Base and Meridian, Town of Florence,

Pinal County, Arizona, described as follows:

Commencing at the center of Section 24, thence S. 0º 02' 30" W., 571.45, thence N. 89º

39' W., 1166.30' to the true point of beginning, thence N. 89º 39' W., 930.36' , thence N. 0º

21' E., 544.22', thence S. 89º 44' E., 770.00', thence S. 0º 21' W., 259.34', thence S. 89º 39'

E., 160.36', thence S. 0º 21' W., 296.00' to the point of beginning, containing 10.895 acres,

according to the plat thereof of record in the Office of the County Recorder of Pinal County,

Arizona, in Book 19 of Maps, Page 54 thereof.

Amended as of February 2001

Lots Six Hundred Seventy-One (671) through Eight Hundred Fifty-Seven (857), inclusive,

Caliente Casa de Sol, Unit Four, a subdivision of a portion of Section 24, Township 4

South, Range 9 East, of the Gila and Salt River Base and Meridian, Town of Florence,

Pinal County, Arizona, described as follows:

Commencing at the center of Section 24, thence S. 0º 02' 30" W., 571.45', thence N. 89º

39' W., 2096.66', to the true point of beginning, thence S. 0º 21' W., 134.00', thence N. 89º

39' W., 45.46', thence S. 0º 21' W., 5.00', thence N. 89º 39' W., 488.56', thence N. 0º 01'

E., 692.46, thence S. 89º 44' E., 538.11', thence S. 0º 21' W., 554.22' to the point of beginning containing 7.77 acres, according to the plat thereof of record in the Office of the County

Recorder of Pinal County, Arizona, in Book 19 of Maps, Page 55 thereof.

1. THIS DECLARATION OF RESTRICTIONS shall hereafter be in full effect and shall attach to real property and every lot or parcel thereof and shall constitute covenants, conditions and restrictions running with the land. Each property owner agrees by the acceptance of a Contract of Purchase or a Deed to any lot to automatically become a member of the CALIENTE CASA DE SOL PROPERTY OWNERS ASSOCIATION, hereinafter called “Association” or “CPOA”, an Arizona non-profit corporation formed for the purpose of owning, operating and/or maintaining property for the benefit of the owners of recreational vehicle, travel trailer or park model lots within Caliente Casa de Sol, Units One, Two, Three and Four and any other subdivision which may be subsequently added within the Caliente Casa de Sol development. Each owner shall remain a member of the Association until such time as his/her ownership for any reason ceases; at which time his/her membership in the Association automatically shall cease. The owner of each lot shall be entitled to one membership in the Association for himself/herself and his/her family. Membership in the Association shall be subject to all of the provisions of this Declaration and the Association’s Articles of Incorporation, by-laws and Rules and Regulations, as may be amended from time to time.

2. All recreational vehicles, travel trailers and park models, hereinafter called the “Unit”

in Caliente Casa de Sol, shall meet the standards as to size, type and quality as set by the

Association, and the Association shall approve the location of the Unit on each lot to insure

adequate separation from adjoining unit as hereinafter provided. The total area of the Unit shall

not exceed four hundred (400) square feet measured according to government rules regulating the

manufacturing of the Unit.

3A. The concrete strip, as referred to throughout these restrictions, is the two (2) foot wide concrete strip which is the private property of the lot owner and defines CPOA streets from private property lines. The following property line minimum setbacks shall be adhered to when placing a Unit, shed or when constructing any addition on a lot:

( 1) Front - Twenty (20) inches from property side of concrete strip.

(2a) Sides - Internal lots: One (1) foot on the right side and two (2) feet on the left side

as viewed from the street. Patio cover columns and patio covers and Arizona Rooms must adhere to the two foot setback.

(2b) Corner Lots – Corner lots with the streets on the RIGHT side as viewed from the front:

the side setbacks shall be two (2) feet from property line on each side., except for patio

cover columns which may be placed at property lines on the left side. Any future

enclosure of the patio area must adhere to the two (2) foot setback.

(2c) Corner Lots – Corner lots with the streets on the LEFT side as viewed from the front: the side setbacks shall be one (1) foot on the right side and two (2) feet on the left from property line

on the left side, including patio cover columns.

( 3) Rear – Eighteen (18) inches from property line. (Construction of units, buildings and

Caliente Declaration of Restrictions 2. Amended as of February 2001

over easements may require movement of such construction at the owner’s

expense to provide maintenance of repair to utilities.)

3B. The following height restrictions shall apply to all Units and any additions to lots:

(1) Antennas, flag poles, and their supporting guys or ties, shall all be setback

within the owner’s lot and no part thereof shall exceed twenty (20) feet in height

above ground level.

Patio covers, roofs, freestanding awnings, additions or attached portions or

accessories of or to a unit or addition shall not exceed fifteen (15) feet in height.

Window awnings and patio covers extending over concrete strip shall not be lower

than seven (7) feet above the concrete strip and not extend beyond property line.

3C. (1) New or additional construction of buildings, screening or modifications to existing

buildings or changes which affect exterior appearance of Units or lots requires a

building permit from CPOA. An application for the permit shall be submitted by the

owner to one of the “Construction Committee Members” which are appointed by the

Board of Directors, hereafter call the “Board”. Approval or disapproval of the permit

will be made by the appointed CPOA Building Committee. Appeals of denied building

permits may be made to the Board for final determination.

(2) The Construction Committee is authorized to make periodic and final inspections to

insure the completed work is in compliance with the CPOA Building Permit and

Caliente Casa de Sol Declaration of Restrictions.

(3) In addition, if the proposed construction requires a Town of Florence building permit,

that permit must be issued by the proper authority of the Town of Florence. Inspections

required by the Town of Florence will be separate and/or in addition to inspections made

by the Construction Committee.

3D. Materials used for patio covers, Arizona rooms, storage sheds or alterations to units which will be

exposed to view from the exterior shall be approved by the Building Committee prior to

construction. Appeals for materials not approved by the Building Committee may be made to the

Board.

3E. (1) Arizona rooms shall have at least one (1) exterior door.

(2) Access shall be provided to utility pedestals.

(3) Any construction, addition or alteration to a lot or parcel shall allow a parking area not

less than nine (9) feet wide and eighteen (18) feet long measured back from the property

side of the concrete strip.

(4) If patio covers or roof additions are installed, they must be structurally stable, with columns made of steel, and blend in type of material and color with the Unit. Free standing awnings must have columns made of steel and be structurally stable.

(5) Any exterior lighting on any lot shall be shaded so as not to create a nuisance to any other

lot occupant.

(6) If an Arizona room or storage room is to be built on the left hand side of the lot and if

placed on the two (2) foot setback, then the left wall of this construction, as viewed from the street, shall be sided with 5/8" drywall.

4. No camper shell (off the truck), boat, secondary recreational vehicle (excluding van conversions), or any road type vehicle or equipment may be placed or stored on any lot without approval of the

Board. Golf carts, motorcycles, ATV’s, bicycles and occupant primary transportation vehicles may be parked on a lot any time. If there is sufficient space immediately behind the tow vehicle, car totes may be parked on the lot; otherwise they must be stored elsewhere. In any event parking of primary or secondary vehicles as listed above or approved for parking on the lot by the Board shall not be parked in a manner that will obstruct the concrete strip.

Caliente Declaration of Restrictions 3. Amended as of February 2001

5. Recreational vehicles, travel trailers or qualifying park model type travel trailers must have their own

sanitary and bathing facilities plus a kitchen sink. All occupied Units must be connected to the sewage disposal system provided at the site.

6. The Association specifically reserves the right to control all peddling, soliciting, selling, delivering and vehicular and pedestrian traffic within Caliente Casa de Sol on its common grounds. Any activities of a commercial or professional nature are strictly prohibited on any homesite except upon written consent of the Association.

7. Electricity and water for each individual site shall be individually metered by the public utility

companies and charges, as well as, charges for sewer service shall be paid by the owner.

8. Easement for installation and maintenance of utilities and drainage facilities are reserved as shown on

the recorded map or plat. Within these easement areas no permanent structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. The easement areas of each lot and parcel of land and all improvements on it shall be maintained continuously by the owner of said lot and parcel of land.

9. Landscaping and improvements on all lots shall be maintained and kept clean at all times by the owner

or occupant. The lot shall be maintained in such a way that the overall aesthetic quality of Caliente Casa de Sol will not be destroyed or impaired. All lots shall be kept free from weeds by the owner or occupant; otherwise this may be done by the Association at a proper cost to the owner of the lot.

10. If occupied, each Unit in Caliente Casa de Sol must be occupied by at least one person 55 years of

age, or older. No person will be allowed to live in such Unit who is less than 40 years of age.

An exemption of this restriction was made when the age limit was amended in March 26, 1992 and

allowed grandfathering of persons that were not in compliance with this law at the date noted. These

regulations are in compliance with federal regulations. This provision only applies to persons

acquiring title to property in this subdivision after March 26, 1992.

(a) The use of each Unit shall be limited to two (2) adult, conforming to age restrictions, excluding

short term visitors.

(b) Children, grandchildren and/or other guests visiting residents must limit their visit to one week.

Visits for longer periods must be approved by the Board of Directors.

using park facilities and must conduct themselves in a safe manner and not be abusive, offensive

or a nuisance to park residents. They must abide Park rules as established by the Board.

(d) All private rentals must be registered with the Business Office. Owners who rent out their lot(s) or unit(s) must insure that renters comply with CPOA Deed Restrictions, particularly the size of their RV unit, age restrictions and the number of occupants.

11. There shall be only one (1) Unit on each lot, except for Lot 5 which is reserved for CPOA use; and said Unit shall be placed on said lot or two or more lots when combined in conformance with the overall Caliente Casa de Sol plan, which specifically places each unit in such position as to assure a uniform plan. Namely, all units shall be placed perpendicular to the street.

12. An owner/occupant identification sign may be placed on each lot. “For Sale” and “For Rent” signs,

not exceeding 9" x 12" in size, may be posted on any lot. If posted on a vacant lot, it shall be not less than ten (10) feet from any property boundary line. No other signs or advertising will be permitted.

13. No storage of any kind will be permitted on a lot except when totally screened from view from off-site

or placed inside a utility building. All storage sheds shall be metal sheeted and shall be harmonious in color. All sheds installed shall be substantially anchored into the ground or to a concrete base to withstand wind and weather. The maximum size for any storage shed in Caliente Casa de Sol shall be

Caliente Declaration of Restrictions 4. Amended as of February 2001

10' x 12', 9' maximum height at the peak of the gable. Sheds constructed under a patio cover may use the roof of the shed. All permanently (wheels removed and/or unlicensed) installed Units shall be

“skirted”.

14. Outdoor clothesline or drying racks are not permitted. Laundry facilities are provided for this

purpose.

15. The location of additional trees or shrubs must be approved by the Association due to the easement

and to provide proper visibility and to protect other members’ property rights.

16. Street parking shall not be allowed; except for short durations, deliveries, pickups or short time

visitors. Repair work on vehicles (cars, R.V.’s and travel trailers) will not be permitted on the lots, with the exception of minor maintenance and repairs. All personal cars and Units must be kept in good repair and appearance.

17. No lot in Caliente Casa de Sol shall be subdivided. Combining two or more lots for the use of one

owner is permissible; however, each lot, as originally platted and recorded, shall remain a single lot for the purpose of membership, voting and assessment. An owner can not combine two or more lots and later divide them differently in size and shape than the original platted lots. Units on combined lots will be placed in accordance with CPOA Uniform Plan, which places all units perpendicular to the street which is stated as follows: All units shall be placed perpendicular to the street so as to present a uniform appearance.

18. No animal, fowl, or reptile, shall be kept on the premises, except household dogs, cats or birds. No

animal shall be allowed outside the Unit of the Owner (or occupant) except on a tethered leash. If tethered on the lot, the leash shall not allow the animal to cross the property lines. Dogs must be taken to the dog walk areas, and owners shall retrieve all feces deposited by their pets. In the event a dog or pet is deemed a nuisance to the neighboring property owners, the pet owner shall be responsible for removing the animal from the park.

19. Every lot owner (or renter) and member of the Association shall have a right and easement to the

use and enjoyment in and to all common recreational facilities presently existing or to be developed or hereafter acquired by the Association and/or Developer including the Three Parks Fairways. Such easement and rights shall be appurtenant to and shall pass with the title to each and every lot. Such right and easement of use and enjoyment shall be subject to reasonable fees, rules and regulations that from time to time are established by the Board of Directors of the Association and/or the owner of the Three Parks Fairways. Any lot owner may delegate, and thereby temporarily waive, his/her right of easement and enjoyment to the common areas and/or facilities to the members of his/her family, his/her tenants or other persons who reside in the dwelling on such member’s lot. Any lot owner in Caliente Casa de Sol who rents and/or leases his/her lot or lots to other parties shall forfeit his/her right to the use of the common facilities of Caliente Casa de Sol during the time of the lease period involving those lots, unless he/she owns another lot in Caliente Casa de Sol that is not rented to another party.

20. These restrictions shall run with, bind and burden the properties, and said restrictions shall be

binding upon each owner and his/her heirs, executors, administrators, successors and assigns, and all other persons claiming an interest in and to said properties until December 31, 1993. After said date these restrictions, as amended from time to time (unless terminated as hereinafter provided), shall be automatically extended for successive periods of ten (10) years each

21. All instruments of conveyance or transfer of any interest of all or any part of the properties may

contain the restrictions herein set forth by reference to this Declaration. However, the restrictions herein shall be binding upon all persons affected by the terms of this Declaration, regardless of whether any reference is made to this instrument in the deed or other instrument of conveyance.

Caliente Declaration of Restrictions 5. Amended as of February 2001

22. These restrictions may be amended at any time during the initial term, or any extension thereof,

by recording in the Office of the County Recorder of Pinal County, Arizona, an instrument in writing reciting said amendments bearing the signed concurrence of the then owners of two-thirds (2/3) of the lots within the properties. These restrictions may be terminated under the same conditions above set forth except that the owners of eighty percent (80%) of the lots must sign such instruments and provided a public authority has agreed to maintain (or cause to be maintained) the common areas, and common lot areas.

23. These restrictions may be enforced by any owner of any lot within the properties or by the Board of

Directors of the Association acting as his/her representative. The Board, or owner, may enforce these restrictions. If the Board decides to bring enforcement action, they shall notify the offending lot owner of the violation by registered mail. If the lot owner(s) does/do not correct the non-compliance within a reasonable time as required in such notice, the Board may assess a monetary penalty not to exceed $100.00 against the offending lot owner(s) in addition to any other legal remedies available to it. Non-payment of assessed monetary penalties shall result in having the Association attach a lien in that amount against said property. Any court of competent jurisdiction may enforce compliance with or restrain violation of these Declaration of Restrictions and/or damages may be awarded against violators of these restrictions. Nothing herein shall be construed as meaning that damages are an adequate remedy where equitable relief is sought. In the event any person(s) employs/employ an attorney or attorneys to enforce compliance with or specific performance of the terms of the Declaration, and prevails in such action, the owner or owners against whom the action is brought shall pay all attorneys fees and costs incurred in connection with such action.

24. The waiver of, any failure to enforce, any breach or violation of any restriction herein contained shall

not be deemed to be a permanent waiver of the right to enforce any subsequent breach or violation of such restriction or any of the restrictions. The foregoing shall apply regardless or whether any person affected hereby (or having the right to enforce these restrictions had knowledge of the breach of violation. No restrictions contained herein shall be deemed to have been abandoned or the right to enforce waived, unless this Declaration is amended to delete such restrictions.

25. Any determination by any court of competent jurisdiction that any provision of this Declaration is

invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof.

Caliente Declaration of Restrictions 6. Amended as of February 2001

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