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WHEN RECORDED MAIL TO: IIII III III I III II II IIII I IIII IIIII
III IIIIII
IIIII
FRESNO County Recorder
City Clerk Robert C. WernerCity of Fresno D
2600 Fresno Street JOC— 2007-0131047
Fresno, CA 93721-3603 Acct 5-First American Title Insurance Company
Monday, JUL 09, 2007 08:00:00
1t 1 Pd $0.00 Nbr-0002549509
RGR/R4/1-10
NO FEE - Government Code 6103
CITY OF FRESNO
Public Works Department
STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT
FOR THE MAINTENANCE OF CERTAIN IMPROVEMENTS
FOR THE PARCEL MAP NO. 2005-29
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 2
RECITALS
WHEREAS, Gary L. Christy, Trustee of the Gary L. Christy Separate Property Trust dated
July 31,2001,hereinafter referred to as the"Covenantor," is the owner of the real property situated
in the City of Fresno, County of Fresno, State of California, hereinafter referred to as the "Subject
Property" and more particularly described as:
Parcel'A'and Parcel'B'of Parcel Map No.2005-29("Subject Property);and,
WHEREAS, the Covenantor hereby warrants that any and all parties having record title
interest in the Subject Property which may ripen into a fee have subordinated to this instrument and
that all such instruments of Subordination, if any, are attached hereto and made a part of this
instrument; and,
WHEREAS, on or about April 27, 2006, the Director of the Planning and Development
Department conditionally approved Parcel Map No.2005-29,hereinafter referred to as the"Subject
Parcel Map;"and,
WHEREAS, a condition of the Subject Parcel Map requires the Covenantor to install,
maintain, and dedicate a landscape easement ("landscape easement") within the limits of the
Subject Parcel Map (more particularly described in Exhibit"A"); and,
WHEREAS, a condition of the Sublect Parcel Map requires that the maintenance of such
improvements shall be the responsibility of the Covenantor,a homeowners association or the City's
Community Facilities District; and,
WHEREAS,Covenantor has elected to satisfy this maintenance condition as Covenantor's
personal responsibility; and,
WHEREAS, maintenance of City easements by private parties presents special issues for
the City related to ensuring the easement is properly, safely and perpetually maintained and the
easement does not present additional liabilities to the City.
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 3
COVENANTS, CONDITIONS AND RESTRICTIONS
NOW THEREFORE, it is agreed in consideration of the foregoing and the approval of the
final map for the Subject Property by the City of Fresno, the Covenantor, for him/herself, his/her
sucessors and assignees, hereby covenants, promises and agrees with the City of Fresno for the
benefit of City that:
1. Covenantor will design and improve the landscape easement according to
improvement plans approved by the Public Works Director or his/her designee.
2. Covenantor and his/her successors and assignees, as owners of Parcel 'A,' shall
maintain, at his, her, their, its sole expense, that portion of the landscape easement adjacent to
Parcel 'A' (as provided in Exhibit "B" (Parcel 'A' Landscape Responsibilities Map)). Nothing
provided in this covenant is intended to make the owner of Parcel 'A' responsible for the
maintenance of the landscape easement describedin Exhibit"C."
3. Covenantor and his/her successors and assignees, as owners of Parcel 'B,' shall
maintain, at his, her, their, its sole expense, that portion of the landscape easement adjacent to
Parcel 'B' (as provided in Exhibit "C" (Parcel 'B' Landscape Responsibilities Map)). Nothing
provided in this covenant is intended to make the owner of Parcel 'B' responsible for the
maintenance of the landscape easement describedin Exhbit"B."
4. The landscape easement shall be maintained in a manner acceptable to the Public
Works Director as provided in Exhibit"D"(Maintenance Requirements for Landscape Easement).
Exhibit "D" may be amended from time to time by the Public Works Director upon 30 days written
notice to the Covenantor and/or his successors and assigns.
5. Covenantor shall indemnify, hold harmless and defend the City and each of its
officers,officials,employees,agents,volunteers,boards and commissions against all loss, liability,
fines, penalties,forfeitures,costs and damages (whether in contract,tort or strict liability including,
but not limited to,personal injury,death at any time,and property damages)incurred bythe City,the
Covenantor or any other person, and from any and all claims,demands, actions and suits in law or
equity(including attorneys'fees and litigation expenses),arising or alleged to have arisen directly or
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 4
indirectly out of the performance of this Covenant including, but not limited to the design and
construction of the public facilities/improvements. The Covenantor's obligations under the
preceding sentence apply regardless of whether the City or any of its officers,officials,employees,
agents,volunteers, boards or commissions are passively negligent, but does not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused solely by the active negligence or
willful misconduct of the City or any of its officers,officials,employees,agents,volunteers,boards or
commissions.
If the Covenantor subcontracts all or any portion of its construction obligations under this
Agreement,the Covnenator will cause the subcontractor to indemnify,hold harmless and defend the
City and each of its officers, officials, employees, agents and volunteers in accordance with the
terms of the preceding paragraph.
Covenantor shall indemnify, hold harmless and defend the City against any action or suit by
a third party challenging the validity of this Covenant.
Covenantor's obligations under this section will remain in effect following the termination and
expiration of this Covenant.
6. Throughout the life of this Covenant,the Covenantor shall pay for and maintain in full
force and effect all policies of insurance required under this Covenant with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do business in the
State of California and rated not less than "A-VII"in Best's Insurance Rating Guide,or(ii)authorized
by the City's Risk Manager. The following policies of insurance are required:
6.1 COMMERCIAL GENERAL LIABILITY or PERSONAL LIABILITY insurance
that includes coverage for bodily injury and property damage insurance with combined single limits
of not less than $500,000 per occurrence.
6.2 WORKERS' COMPENSATION insurance as required under the California
Labor Code.
All the policies of insurance except the Workers' Compensation policy will be endorsed to
provide an unrestricted thirty (30) day written notice in favor of the City for any policy cancellation
��1
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 5
and any change or reduction in coverage. The Workers'Compensation policy which will provide for
a ten(10)day written notice. At least fifteen(15)days prior to the expiration date of any policy,
the Covenantor shall provide a new certificate of insurance for a renewal policy. If the insurer,
broker, or agent issues a notice of cancellation, or a notice of change to or reduction in coverage,
the Covenantor shall immediately file with City a certified copy of the new or renewal policy and
certificates.
The General Liability insurance policy will be written on an occurrence form and will name
the City, its officers, officials, agents, employees and volunteers as an additional insured. These
policy(s)of insurance will be endorsed so the Covenantor's insurance shall be primary and the City
will not be required to contribute. The Covenantor shall furnish the City with the certificate(s)
and applicable endorsements for ALL required insurance prior to City's execution of this
Agreement. The Covenantor shall furnish the City with copies of the actual policies upon the
request of the City's Risk Manager and this requirement shall survive termination or expiration of this
Agreement.
If the Covenantor subcontracts all or any portion of the work to be performed under this
Agreement,the Covenantor shall require each subcontractor to provide insurance protection in favor
of the City, its officers,officials,employees,agents, and volunteers in accordance with the terms of
each of the preceding paragraphs. Covnenator will cause the contractor's and subcontractors'
certificates and endorsements to be on file with the Covenantor and City before the contractor or
subcontractor begins any work.
Upon request by the City's Risk Manager,and in any event at least 10 calendar days before
beginning to construct any phase of the Development,the Covenantor shall promptly furnish the City
certificate(s)confirming that the required insurance is in effect and, in the case of the public liability
insurance,that the City and its officers, officials, employees, agents, and volunteers are named as
additional insureds. Each certificate will be in a form acceptable to the City's Risk Manager. Any
insurance required to be maintained by the Covenantor may be maintained under a blanket policy
covering other locations and other persons, if the blanket policy is acceptable to the City's Risk
,-
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 6
Manager and the insurance coverage is equivalent to the coverage otherwise required under this
Agreement.
7. The Covenantor may in the future choose to have the landscape easement
maintained by a homeowner's association. However,before the Covenantor may be relieved of any
obligation under this Covenant,the Public Works Director and/or City Attorney will need to approve
an Agreement with the homeowner's association that ensures that the landscape easement is
properly, safely and perpetually maintained and that the Agreement does not result in increased
liability to the City.
8. Breach; Default; Remedies.
8.1. If the City determines that the Covenantor has failed to meet any of his, her,
their, its obligation under this Covenant,the City may, upon failure to remedy with a
notice of cure letter within thirty(30) days:
a. Initiate proceedings to annex the landscape easement to a
communities facilities district. The Covenantor hereby waives his,
her, their, its right to object to the annexation of the landscape
easement to any City communities facilities district currently in
existence or as may be created in the future and/or waives any
objection to the assessment of taxes on the Subject Property for the
reasonable maintenance costs to install, repair and/or maintain the
landscape easement under a communities facilities district.
b. Declare the landscape easement a public nuisance and take action
under the City of Fresno Public Nuisance Abatement Ordinance
(FMC Chapter 9, Article 8) agaisnt the Covenantor as the entity
responsible for maintenance. The Covenantor hereby waives its
rights to object to the use of the Public Nuisance Abatement
Ordinance for breach of this Covenant.
C. Take action to construct, maintain, and/or repair the landscape
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 7
easement. Any costs the City incurs in constructing, maintaining,
and/or repairing the landscape easement will be the responsibility of
the Covenantor. If the Covenantor fails to pay the City's costs within
15 days of notice,City may either place a lien on the Subject Property
or seek cost recovery as a public nuisance under the Cost and
Penalty Recovery Ordinance (FMC Ch. 1, Art. 6). The Covenantor
waives any right to protest the use of the assessment and lien
procedures in the Cost and Penalty Recovery Ordinance for the City
to recover its costs to construct, maintain, and/or repair the
landscape easement to the standards prescribed by the Director of
Public Works.
d. Pursue any available, legal, administrative proceeding available at
law or in equity to enforce the terms of this Covenant.
8.2. Remedies Cumulative. The exercise by the City of any remedy is not an
election of remedies and is not a waiver of any other remedies.
8.3. Waiver. The City's failure to insist on strict performance of any provision of
this Covenant or failure to exercise any remedy available to the City is not a waiver of
the performance or remedy. The City's waiver of any provision of this Covenant,or
waiver of a default, or waiver of any remedy is not effective unless it is in writing and
signed by the Public Works Director. The City's waiver of a particular provision or
default does not apply to any other provision or default.
9. The Covenantor shall provide to every prospective purchaser of each lot of the
Subject Property, a copy of this Covenant.
10. It is the intention hereof that this document shall constitute a covenant in favor of
the City of Fresno and shall run with the land and be binding upon the undersigned, its grantees,
heirs, and successors and assigns.
STATEMENT OF COVENANTS
Maintenance of Landscape Easement
Parcel Map No. 2005-29
Page 8
11. The foregoing conditions shall remain in full force and effect until such time as the
Director of the Public Works Department issues a written release of such conditions and
obligations and records such release with the Fresno County Recorder.
12. There are no third-party beneficiaries to this Covenant.
13. The provisions of this Statement shall be deemed independent and severable
and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof
shall not affect the validity or enforceability of any one provision thereof. Whenever the context
of the Statement so requires, in interpreting this Statement, any gender includes the other
genders, the singular includes the plural, and the plural includes the singular.
DATED: zz'o 0 7
CITY OF FRESNO COVENANTOR
a Municipal Corporation
By: AZ By: 11 h—, - J'U�
Michael T. Kim P.E., Assistant Director Gary L. Christy, Trustee of the Ga L. Christy
Public Works Department Separate Property Trust dated July 31, 2001
APPROVED AS TO FORM: (Attach Notary Acknowledgment)
JAMES C. SANCHEZ
Ci -A me .\
By: LU
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QC/
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
File No: ()
STATE OF California )SS APN No:
COUNTY OF FRESNO )
On 4/2/07 before me, LYNETTE E.VAN VRANKEN , Notary Public, personally appeared
GARY L.CHRISTY
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 instrument.
WITNESS my hand and official seal. _ LYMM L VAN
COMM.#1500618
Signature NOTARYRESNOO
C=L Eqft
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Reproduced by First American Title Insurance 1/2001
I�
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On May 31, 2007, before me, Elvia Sommerville, Deputy City Clerk, personally appeared,
Michael T. Kirn, P.E. Assistant Public Works Director , known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) 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(s) the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official City Seal.
REBECCA E. KL/SCH
City Clerk
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