FORWORD

These Guidelines promote comprehensive, personalized, experienced, and innovative action from all parties concerned. Creating an atmosphere of sophistication, safety, and security for the community as a whole.

The purpose of these Design and Environmental Control guidelines is to assure all owners, architects, engineers, and builders to participate in community planning, so that all built forms within the "Crossroads Development" respect a common vision of contemporary building types, strong connection to place, and an environmentally conscious lifestyle.

The attention to design philosophy, construction details, and environmental protection will not only enhance the investment of each owner, but will generate the most sophisticated development project in Los Cabos.

These Rules and Regulations are mandatory for all parties planning to alter or modify the physical conditions of the "Crossroads Development."

GENERAL PROVISIONS

These Guidelines have been prepared based on the technical specifications contained in the Development Plan for Los Cabos, as well as on the authorizations regarding environmental impact, with the purpose of establishing the characteristics to be applied for approval of all construction work within the development.

These Guidelines regulate the architectural design of new constructions, any architectural or landscape additions (gardens, walkways, streets, patios, pools, and services), as well as the facilities and equipment related, including any type of construction that creates a visual impact in the Development.

In the event of intended additions or remodeling of the buildings, the review and approval of the construction's Architectural and Executive Project shall be in the charge of the Design and Environmental Control Committee, pursuant to the requisites and procedures comprised herein.

In the event that two or more lots are merged into one single lot, restrictions shall apply to the resulting lot. Such lot should be inscribed at the Public Registry of Property and Commerce and comply with any other provision stipulated by law or in the documents pertaining to the transfer of the property in question.

In the event of non-compliance to the foregoing dispositions, certain penalties shall apply and, if applicable, the contract in question shall be rescinded.

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DESIGN AND ENVIRONMENTAL CONTROL COMMITTEE

In order to guarantee that the construction built in the development comply with these guidelines, the project shall be subject to approval by the design and Environmental Control Committee, which reserves the right to establish additional restrictions, with the general consent of all neighbors.

The committee shall determine those rules specifically requires for the site or project in question, in order for the said project to comply with these guidelines.

The purposes of the Committee are:

Determine, review, publish, and update the general rules, regulations and guidelines; correct and approve the projects proposed by the owners, as well as supervise the builders within the development, making sure that they correspond to the plans authorized the committee and by the Municipal Department of Public Works.

Inform the interested parties of any differences between the construction and the approved project and suggest the appropriate corrective actions.

The Committee will be constituted by no less than three persons and no more than five, including the representative of the developer, Crossroads development, who shall act as the president, one counselor, architect, or engineer designated by the developer, one secretary representative of the technical management and one or two members appointed by the homeowners.

The projects will be approved by majority votes of the members of the committee.

The approval of projects refers to the compliance with the criteria stipulated in these guidelines; however, it does not imply approval of technical or structural projects, roofs, services, or systems, etc., security requisites or official provisions.

The structure of this document intends to provide conceptual criteria, and not specific construction solutions.

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ENVIRONMENTAL PROTECTION CRITERIA

LOCATION OF BUILDINGS: Every minor alteration to the conditions of the environment shall be observed in reference to the location of buildings and installations.

PROTECTION AGAINST EROSION: All buildings and installations shall respect the natural conditions of the property altering its topography only in a minimum manner, avoiding alterations to levels, draining and vegetation.

ADAPTING TO THE NATURAL TOPOGRAPHY: It is suggested to build into the landscape, using sunken terraces and courtyards. Stepped structures are preferred over large single blocks.

CUTS AND FILLINGS: The cuts and fills permitted shall be no higher than 2.0mts. All retention walls over 1.5mts. shall be integrated into the landscape. It is permitted to go below grade for subterranean construction, but the excavated earth must be dealt with in a timely manner.

ADAPTING TO THE NATURAL ENVIRONMENT: The location of the buildings within the property shall respect the existing landscape features, including trees and vegetation. In the event that a project requires to substitute a tree, said tree shall be replanted with transplants of the same species.

INSTALLATIONS AND SERVICE SYSTEMS.

All service systems pertaining to each lot must be concealed.

SEWERAGE. All sanitary waste must be connected to the common septic system. All buildings must have as one of the plumbing specifications a trap to effectively separate grease. The water used for irrigation shall be treated water.

POTABLE WATER. In order to guarantee its supply, each owner must have an underground reserve of potable water.

LIGHTING. The outdoor and indoor lighting of each property shall not cause excessive glare or reflection, nor shall it direct the light toward adjacent areas. All light sources, light bulbs, lamps, etc. shall be concealed.

ADDITIONAL EQUIPMENT. Every building should be equipped with its own lightning rod. Air conditioning systems must be concealed and that they respect the maximum heights permitted for building in order to avoid blocking the neighbor's views.

Electric generators shall be no more than 10KW and will be concealed in a noise proof structure that is also well exhausted.

It is suggested to use solar energy with the solar panels integrated into the architecturaldesign in order to avoid a negative visual impact.
The septic tanks must be built in accordance to the Developers specifications and those of the Design and Environmental Control Committee in order to guarantee compliance with the sanitary laws and the reuse of gray and sewer water, this way avoiding environmental pollution.

POLLUTANTS:. All home-owners and users of the Development are obligated to maintain all common and private areas in good condition, clean and secure, complying with what is stipulated hereinafter:

The alterations that prevent the good operation of the treatment plant (septic system) such as the wrongful use of non-biodegradable detergents, unfit waste, grease, plastics, garbage, etc., shall be placed in closed deposits in each lot, in accordance to the schedule. All construction debris must be kept in an exclusive place, and it shall not be more than what one truck can transport, in order to avoid accumulation.

NOISE. It is prohibited to place, operate or install equipment that could be considered bothersome to the neighbors.

HAZARDOUS PRODUCTS AND MATERIALS. It is prohibited to handle, store and bring flammable or explosive materials into houses or vehicles.

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URBANISTIC CRITERIA

The limitations determined for the excavation of lots and dimensions of buildings are established in order to protect the community and maintain its surroundings. In order to achieve these purposes, the following norms and regulations are established in relation to the densities and volumes to be built in proportion to the area of each property and preservation of views. These limitations will vary between residential and commercial properties.


REAL ESTATE DENSITY. Only one residence can be built per lot and the lots cannot be subdivided. In the event an individual buys two lots, he/she shall only have the right to build two houses and can eliminate the lateral easement on the boundaries of his/her lots, upon prior authorization by the committee. Commercial lots may be built upon to the density allowed by the coastal commission, given prior consent by the committee.


CONSTRUCTION DENSITY. In the residential zone the area to be built cannot exceed 40% (forty percent) of the surface of the lot and shall be no smaller than 80 M2. In the commercial zone construction may not exceed 80% (eighty percent) of the surface area of the lot and must include an installation contributing to the community outdoor space, with prior consent of the committee.

EASEMENTS. On residential lots there shall be a setback of two meters from the lateral property line to the construction. On commercial lots construction may come to the lot line, with prior permission from the committee.
All beachfront lots have the following construction limitations: It is prohibited to build within 13.0 m of the Federal Maritime Zone to the property; a project must be presented indicating how this area will be utilized. All other residential lots must have a set back of 5 m left as easement on street fronts, from the limit of the lot to the construction. This area con not be used for garage or vehicle storage.
Dividing elements (hedges or walls) between lot boundaries can not exceed 1.2 m over the natural terrain. The use of fences is prohibited. All retention walls must be built within the property line; in the event that two adjacent owners wish to build a shared wall they must request this in writing to the committee. It is prohibited to place screens or fences on the front, side, or back of the property that block the view of adjacent lots.

PARKING AREAS AND GARAGES. The project submittal must clearly indicate the area to keep/store vehicles, boats, ATV's, etc. and describe how they will be enclosed from view. Preferably, lateral walls will be used to make them more presentable. The warehouse areas must be concealed from the street and neighbors views. In commercial zone it will be prohibited for vehicles to park between business' and public outdoor space, or in the view of customers. Designated parking areas will be provided.


CONSTRUCTION CRITERIA. Due to preservation of views each row of lots has a different height limitation. All given limitations include permanent structures, such as roofs, vaults, and railings. Beachfront lots may not exceed 3.5 m (one story) above the natural terrain. It is suggested to excavate down into the sea wall to achieve two story volumes. Second row lots may not exceed 4.5 m (one and a half stories) above the natural terrain. It is suggested to build half a story into the ground to achieve two story volumes. Third row lots may not exceed 6.0 m (two stories) above natural terrain. No more than 30% of the building may exceed 4.0 m.
All out-door structures, garages, patios, servants quarters, etc. must be a unified construct, i.e. the completed project is ordered by an all encompassing idea, taking into account all possible alterations and future renovations. This is to avoid piece-meal structures that appear "tacked on." Any variations on the original concept (interior or exterior) must be submitted to the committee for approval.
The service equipment such as propane tanks, water heaters, air-conditioning units, antennas in general, garbage deposits, laundry equipment, clothesline, etc. must be kept concealed from view of other lots and streets. In the event any of the forgoing is placed without prior approval, the installation in question must be removed and re-installed according to the rules. The air-conditioning units must remain concealed, and, therefore, they cannot be placed on windows. The installation must be permanent. Compressors and condensers must be in sound proof enclosures. It is suggested by the committee to build an on site water cistern of at least 10,000 liters, for security, and self-sufficiency.

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ARCHITECTURAL DESIGN CRITERIA

The purpose is to create a cohesive community integrated into the landscape, insure a sophisticated level of building design and construction, and to bring new meaning to being in touch with one's environment, while promoting a dynamic design philosophy.

CONSCIOUS DESIGN PHILOSOPHY. The focus of the project is to create a Los Cabos community that becomes a synthesis of contemporary Mexican and Californian architecture. The vision draws on the traditions unique to the Mexican culture, and their evolution as relevant to the contemporary Baja context. The Crossroads Design and Environmental Control Committee holds all developers within the community to a comprehensive, personalized, experienced, and innovative standard of action. Project submittals will be evaluated on form, connection to the landscape, and construction technique.

FORM DEFINING MECHANISMS. In reviewing preliminary design submittals the committee will be looking at composition, balance, and proportion when evaluating a project as an integral part of the community. It is suggested not to use symmetrical forms.

SPATIAL CONNECTIONS TO LANDSCAPE. There are three fundamental ways to experience landscape. Each gives the person using the building a unique perspective to the place they are in. Each manifests itself as a specific architectural form. The first is the horizontal plain, for example: framed views, open ended corridors, and portals that visually penetrate from one side of a building to another, making the structure a gateway between the desert and the sea. The second is the vertical plain, i.e. courtyards, and other spaces lit from above that ground a person within the building and connect to the sky, making the structure a link between the earth and the air. The third is the radial plain, defined by roof-terraces, balconies, and towers, creating a raised vantagepoint or birds-eye-view, revealing the whole landscape in three hundred and sixty degrees. These allow one to perceive the environment at three different scales, thus, enabling one to understand and appreciate a place from every angle.

CONSTRUCTION MATERIALS. The emphasis is on using permanent traditional materials and non-vernacular construction techniques. In construction it is important to have respect for the material you are using; i.e. a given material should be the ideal structural support for the form it creates. Materials should be native and local whenever possible. Contemporary building materials are welcome so long as they are permanent and are submitted to the committee for prior approval. In all cases, all exterior building materials must be fully finished.

FLOORS AND PAVINGS. Polished concrete, glass, slate, marble, granite, stone, ceramic, cantera, and brick.

WALLS AND SCREENS. Walls can be concrete block, formed concrete, tilt-up, rock, and various panelized materials as long as the committee has approved them. Concrete block must be floated to comply with the visual guidelines. Screens can be made of perforated metal, steal tubes, glass, mica, wood, bamboo, or any other material approved by the committee.

ROOFS AND COVERED SPACES. No vernacular forms. Gabled roofs, sloped roofs, and palapas are not permitted. The flat parapet roof is the norm. These spaces will be utilized as roof terraces and balconies. Vaults and domes may be used if articulated as contemporary forms. Sculptural forms are preferred and may be covered in tile given approval by the committee. Morillos are permitted as outdoor shade structures, but it is suggested to make them of permanent materials.

PENETRATIONS. In making openings in the walls, roof, and floor, reference "spatial connections to landscape." Penetrations should relate to the spaces they serve. In internally focused spaces (bathrooms, kitchens, dining rooms) light should come from above. In externally focused spaces (living areas, bedrooms, hallways, entries) openings should be controlled to frame views.

COLORS. It is obligatory to apply earth tone colors, in flat tones. Reflective colors are prohibited. In the case of exterior metal screens that are reflective, they should not be visible from neighbors, and must be submitted to the committee.

SPECIAL INSTALLATIONS. As a rule, each and every one of the buildings must have a grease removal device that will receive all residential water from the kitchen and garage prior to entering the line, in order to comply with what is stipulated by the Official Norms (NOM-CCA-032-ECOL/1993).

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CONSTRUCTION PROCESS CRITERIA.

Owners are responsible for designing a rain drainage system that eliminates erosion on their property and on any other adjacent property. Water must be directed towards the streets or wherever the committee indicates. Drainage systems must be approved by the committee prior to installation. It is prohibited to build septic tanks or locate metallic structures within the development. Temporary sanitary installations must be built for the workers.

DESIGN PROCESS. Initial plans for each project must be presented to the Committee in "rough draft" form prior to initiating the General preliminary project submittal. These presentations shall include conceptual drawings and models for each project, landscaping ideas on each lot, project materials lists, total budget for project, time line for completion, and preliminary contract for construction. It is suggested to work with the Committee while this is in process.

TERM. The Coastal Commission requires that construction must begin within twenty-four months of lot acquisition. The actual construction must not exceed twenty-four months from the date when construction license is obtained.


RESTRICTIONS. The Committee can establish as many restrictions as necessary so that order is maintained during the construction phase of any project. All of the below mentioned documents shall be submitted prior to any construction, and must be signed by the owner, as well as by the architect in charge, indicating addresses and telephone numbers where they can be reached for any notification or communication.

A copy of the lot plan to be built on, with its boundaries and location, receipt evidencing payment in full of the property.

General preliminary project in order to receive necessary orientation for the formal presentation of the project. The Committee shall issue a letter of feasibility, before the owner proceeds with the final executive project. Consequently it is prohibited to execute preliminary or preparation work on the site, without the pertinent authorizations. Based on the approval document issued by the Committee, the necessary permits and licenses must be obtained from the competent authorities and presented to the Committee in order to commence any work.

PROJECT INFORMATION. Number of block and lot, including the name of the streets, surface of the lot and calculation of the covered area, construction volume, and outdoor areas. Excavation levels, indicating the lowest and the highest point of the excavated platform(s) for the construction's height and levels.

Final Architectural project, including.

-Project plan showing site, roof plan, and landscaping, with locations, metes and bounds.
-Architectural plan, per level at a scale of 1:100 or 1.50.
-Elevations of all facades
-Longitudinal and transverse section cuts, showing: window details, foundation details, air-conditioning, water heaters, and other equipment.
-Outdoor areas (morillos, terraces, balconies, pools, gardens, walls, etc.)
-Roofs with downspouts and equipment installations.
-Finishing plans with materials lists and specifications.
-Details for foundation and structure, including: footings, stem walls, slabs, walls, windows, columns, balconies, roofs, parapets, ventilation, drainage, grease traps, cisterns, water reclamation systems, etc.


Five sets of plans must be delivered.


A review fee and security deposit must be delivered as guarantee, in the amount of $1,500.00 U.S. Dollars, and $500.00 U.S. Dollars for the review and approval of plans. The guarantee shall be used to repair any damages caused to the development during construction of each residence (debris, sidewalks, streets, etc.) If nothing is affected within the development or adjacent areas this amount will be reimbursed. In the event the funds are used, the owner will be informed, in writing, the reasons for this.

The Committee shall issue its approval within 30 days, delivering a letter where necessary indications referencing the project will be included. Each and every one of the plans will be signed and stamped by the committee and two sets will be returned to the owner in order to obtain the necessary municipal permits, as required by law.

Each and every owner shall be responsible for acquiring the materials and temporary installations required for the construction process.

Every owner must install temporary sanitary installations for the workers, which will remain for the entire construction period and be cleaned regularly. The lot must be cleaned of debris every two weeks, at a minimum. In the event that the owner does not comply with these rules, the management of the committee will do so, deducting the cost from the security deposit. If the costs exceed the deposit, they will be added to the monthly maintenance bill for the lot.

It is prohibited to establish permanent dormitories or dining areas inside and outside the lot. A security person and a warehouse employee are allowed, provided they have temporary living facility where they can stay.

It is strictly prohibited to block the streets with material, vehicles, equipment, etc. In the event the contractor does not comply with this provision, the Owner or Architect representing the construction will be penalized, and in the event of not paying said penalties, such will be deducted from the security deposit.

No construction work will be permitted prior to 07:00 a.m. or after 18:00 p.m. Working days will be Monday through Saturday, work on Saturdays will be allowed until 13:00 p.m. No work is permitted Sundays or holidays.


INTERNAL REGULATIONS

In order to enjoy the pleasure of living in the "Crossroad Development," the Design and Environmental Control Committee has established the following internal rules and regulations in order to avoid any misunderstandings about its expectations of residents.

No vendors are allowed in the development.

Lots within the residential area cannot be used for commercial purposes.

The speed limit within the residential area shall be 15 km/hr.

Garage doors must remain closed unless they are being opened to allow vehicle access.

Trailers, campers, boats and trucks of over one ton, vehicles with trailers and commercial promotionals cannot be parked on the streets of the development. Such vehicles may only stay a maximum of 5 hours for loading and unloading purposes. They may not be used to camp within the development.

It is prohibited to repair cars, boats, motorcycles, etc. on the streets of the development.

The parking space in front of each lot shall be for the exclusive use of the owner of the lot in question. Neighbors, visitors, maintenance personnel, etc. must respect this exclusivity and use only that parking which has been indicated for each resident.

It is prohibited to park on the sidewalks of the development. It is also prohibited to exhibit any sales promotions on the facades of the residences or within the development.

A homeowners association shall be created.

All lots within the "Crossroads Development" shall be subject to a monthly maintenance fee payable to the Committee the fist day of ________ of each year. Maintenance fee charges will commence on the first day of __________ and shall be equivalent to 7 days of minimum wage in the zone per lot and per month. These fees will be used to maintain streets, landscaping, water, power and drainage of the common areas within the development.

Purchaser hereby agrees and accepts that in the event public services such as potable water systems, power, paving of access roads and municipal drainage systems are accessible to the "Crossroads Development" and if the Committee and/or the Homeowners Association decides to install any or all of said services, Purchaser is obligated to pay the equivalent of the total cost for installation of said services divided by the number of total lots in the development


__________________________ ___________________________
Owner of Homesite # Design and Environmental
Control Committee

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Date