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Home My WebLink AboutT-5196 - Agreement/Covenant - 4/4/2006 (2) When Recorded Mail To 0311311006,10060059698 City Clerk City of Fresno 2600 Fresno Street q Fresno, Ca 93721-3603 D w NO FEE-Govt. Code 6103 O O v CITY of FRESNO LL or— vFire Department STATEMENT OF COVENANTS AFFECTING LAND DEVELOPMENT REQUIRING FIRE PROTECTION MEASURES TO BE PROVIDED AND MAINTAINED FOR TRACT NO. 5196 r Statement of Covenants Fire Protection Measures Final Map of Tract No. 5196 Page 2 RECITALS WHEREAS, LENNAR FRESNO, INC., a California Corporation, 700 NW 107"'Avenue, Suite 400, Miami, Florida 33172, hereinafter referred to as the "Covenantor", without regard to number or gender, is the owner of certain real properties in the City of Fresno, County of Fresno, State of California,hereinafter referred to as the"Subject Property"and more particularly described as: Lots 1 through 16, inclusive, of Tract No. 5196 according to the map thereof recorded on Mn r di Q.� , 2001, in Volume �Z,�L- of Plats at Page(s) _5- � 4 , Fresno County Records; 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 part of this instrument; and WHEREAS, the Conditions of Approval of Vesting Tentative Map No. 5196 require certain measures be made in order for fire protection services be provided by the City of Fresno Fire Department; and WHEREAS,the site location of the Subject Property is an over length dead end street; and WHEREAS, in order to provide an acceptable level of fire protection services to the Subject Property, the Fresno City Fire Department requires additional fire protection measures be made and taken to the structures on the Subject Property: and Statement of Covenants Fire Protection Measures Final Map of Tract No. 5196 Page 3 WHEREAS, the Fresno City Fire Department has determined that an acceptable level of fire protection services can be provided to the Subject Property provided the structures on the Subject Property are constructed with a fire sprinkler system of appropriate design for the particular structure acceptable to the Fresno City Fire Department. COVENANTS, CONDITIONS AND RESTRICTIONS COVENANTOR hereby covenants that the Subject Property shall be held, conveyed, encumbered, used, occupied, developed, maintained, and improved subject to the following covenants, conditions, and restrictions, which are for the purpose of delivering fire protection services to the Subject Property,the surrounding property, and the public at large, and to minimize possible adverse effects on the public health, safety, peace, and general welfare. 1. Each of the covenants,conditions,and restrictions contained in this Statement shall run with the Subject Property and shall be binding upon and inure to the benefit of each successive owner of the Subject Property and his heirs, administrators, successors, and assigns. 2.a. Covenantor agrees to install fire sprinkler systems, including any increased size of water service, as approved by the Fire Department. 2.b. Covenantors shall maintain such system in working order at all times. Upon the sale of such Lots by Covenantor to the initial purchaser (the "Initial Purchaser"), the Initial Purchaser, and his/her/their successors interest, heirs and assigns,shall be solely responsible for maintaining the fire sprinkler system located in,or on such Lots within the Subject Property,at his/her/their sole cost and expenses. Any additions, improvements and other modifications to the structure or to the fire sprinkler system shall maintain the integrity and effectiveness of the fire sprinkler system and shall be made pursuant to permits issued by the City Planning and Development Department and approved by the City of Fresno Fire Department. � s Statement of Covenants Fire Protection Measures Final Map of Tract No. 5196 Page 4 3. The foregoing conditions shall remain in full force and effect until such time that the Fire Chief of the City of Fresno issues a written release of such conditions and obligations and records such release with the Fresno County Recorder. 4. The provisions of this Statement shall be deemed independent and severable and the validity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceablility of any one provision or portion hereof. Whenever the context thereof requires, the neuter shall include the masculine or feminine, or both, and the singular shall include the plural. It is the intention hereof that this shall constitute a covenant running with the Subject Property owned by the undersigned, jointly and severally binding upon the undersigned (except as provided in Section 2a herein above), and each of their heirs, representatives, successors and assigns. L Statement of Covenants Fire Protection Measures Final Map of Tract No. 5196 Page 5 DATED: CITY OF FRESNO, COVENANTOR: a Municipal Corporation LENNAR FR O, INC., a Californi or oration By: f` By: Randy R ruegman, Fire ChiW lQfW14 Lutton, Vice President Fire Department APPROVED AS TO FORM: HILDA CANTO-MONTOY City to y (Attach Notary Acknowledgment) Deputy ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF Fresno } On February 23, 2006 before me, Tauna Rothermel, Notary Public , personally appeared STEVE LUTTON ,personally known to me ❑ 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), an 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. '�TAUNA ROT'HEFt!<AEL WITNESS m hand and official seal. Commission y Notary Public-California Fresno cou* *yComm.Expires Apr 13,2006 i Signature (NOTARY SEAL) �I i i i CLERK'S CERTIFICATION State of California) County of Fresno) On March 15, 2006, before me, Elvia Sommerville, Deputy City Clerk, personally appeared, Randy R. Bruegman, Fire Chief, 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 be 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. REBECCA E. KLISCH CITY CLERK, CMC By Deputy i I I