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HomeMy WebLinkAboutT-6163 - Agreement/Covenant - CC&Rs - 7/12/2017 1111 III I IIII II II IIII I III I(IIII I IIII I IIII 1 III II III RECORDING REQUESTED 13Y AND FRESNO County Recorder WHEN RECORDED RETURN TO: Paul Dictos, C,P.A. DOC— 2017-0086006 Lennar Homes of California, Inc., Acct 8003-North American Title Concord 8080 N. Palm Avenue Suite 110 Wednesday, JUL 12, 2017 08:00:00 Fresno, CA 93711 Tt1 Pd $103.00 Rcpt # 0004802889 Attn: Bill Walls RGR/R4/1-29 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OUT LOT B` OF TRACT 5427 AND TRACT NO. 6163 FOR CARRIAGE HOUSE 1 Std CC&ft's Outlot B Tract 5427 and Tract 6163 mps 01232017 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OUTLOT B OF TRACT 5427 AND TRACT 6163 FOR CARRIAGE HOUSE This Declaration of Covenants, Conditions and Restrictions for Outlot B of Tract 5427 and Tract 6163 for Carriage House is made this 20`x' day of June, 2017 by LENNAR HOMES OF CALIFORNIA, INC., ("Declarant") and consented to by PATRICK VINCENT RICCHIUTI, TRUSTEE OF THE PATRICK VINCENT RICCHIUTI FAMILY TRUST, DATED MAY 17, 1985 ("Trust"), being the owner of that certain real property subject to this Declaration, and hereinafter more particularly described. RECITALS A. Unless otherwise expressly provided for in this Subsidiary Declaration or dictated by grammatical correctness, any capitalized words and phrases, when used herein, shall have the specified meanings given to them in "ARTICLE II" of the Subsidiary, entitled, "DEFINITIONS" and "ARTICLE 11" of the Master Declaration, which is entitled "DEFINITIONS". B. Outlot B of Tract 5427 ("Outlot "B") which is a portion of Parcel A of Parcel Map 2004-29, is a single family residential lot which is part of Tract 5427 (Phase 1I of Carriage House), omitted from the Declaration of Covenants, Conditions and Restrictions for Tract 5427 recorded in 2007. C. Final "Tract Map 6163, which is a portion of Parcels A, B and C of Parcel Map 2004-29, consists of 84 single family residential lots (Lots 1 through 84 of"Tract 6163). D. Declarant is the owner of Outlot B legally described as: OUTLOT B OF TRACT 5427, IN 'THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AS PER MAP ON FILE IN VOLUME 29 OF PLATS, PAGES 30 THROUGH 33, IN THE OFFICE OF THE FRESNO COUNTY RECORDER, RECORDED MAY 16, 2007. E. Declarant is also the owner of that certain real property described Lots 68 through 76 inclusive; and Lots 80-83 inclusive, of Tract 6163 ("Declarant Lots") legally described as: LOTS 68 THROUGH 76, INCLUSIVE, AND LOTS 80 "THROUGH 83 OF TRACT 6163, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP ON FILE IN VOLUME 9(,, OF PLATS, PAGES 2r THROUGH , IN THE OFFICE OF THE FRESNO COUNTY RECORDER, RECORDED 2017. 2 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 F. Trust is the owner of that certain real property described as Lots 1 through 67, inclusive, Lots 77 through 79, inclusive and Lot 84 ("Trust Lots"), legally described as: LOTS 1 THROUGH 67, INCLUSIVE, 77 TIIROUGII 79, 84 AND OUTLOT "A" OF TRACT 6163, IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, AS PER MAP ON FILL IN VOLUME 23to OF PLATS, PAGES THROUGH q1 , INT THE OFFICE OF THE FRESNO COUNTY RECORDER, RECORDED , 2016. G. Outlot B, the Declarant Lots and the Trust Lots are collectively referred to as the Property or as Subsidiary Lots; and, individually as Subsidiary Lot. H. Declarant is developing the Property as a single family residential unit and acquiring Trust Lots from the Trust on a rolling take down basis. I. The Declarant, in order to promote the efficient preservation of the values and amenities in and on the Property, has established a common plan ("Common Plan"), which is defined by the terms and provisions that are set forth in this Subsidiary Declaration for the subdivision, improvement, and development of the Property, as a Subsidiary Common Interest Development and desires to secure the harmonious and uniform development of the Property in accordance with the Common Plan. J. Each and every Subsidiary Lot will also be subject to the provisions of the Master Declaration recorded on May 16, 2007 in the County of Fresno, State of California, as Document No. 2007-0096387 Fresno County Records. K. In the event of any conflict between the provisions of the Master Governing Documents and the provisions of the Governing Documents, the provisions of the Master Governing Documents shall prevail. ARTICLE I I)ECLAItATION A. The Declarant declares that the Property, and each and every Subsidiary Lot, is and shall be, held, conveyed. hypothecated, encumbered, leased, rented, used, and occupied subject to the following declarations, limitations, restrictions, easements, covenants, conditions, servitudes and charges hereinafter set forth, all of which are declared and agreed to be imposed as equitable servitudes in furtherance of a Subsidiary Common Interest Development for the subdivision, Improvement protection, maintenance and sale of residences within the Property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining, and protecting the value and attractiveness of the Property. 3 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 B. All of the limitations, restrictions, easements, reservations, covenants, conditions, servitudes, and charges shall run with the land, shall be binding on and inure to the benefit of all parties having or acquiring any right, title, or interest in the Property or any part thereof, for the benefit of the Property, and shall be binding on and inure to the benefit of the heirs or successors in interest of such parties. ARTICLE 11 DEFINI'T'IONS 2.1 ARCHITECTURAL COMMITTEE. "Architectural Committee" shall mean and refer to the committee of persons appointed and acting pursuant to the provisions of Section 7.2 of this Subsidiary Declaration, entitled, "APPOINTMENT AND ELECTION OF ARCHITECTURAL COMMITTEE." 2.2 ARCHITECTURAL RULES. "Architectural Rules" shall mean and refer to the rules and regulations that have been adopted by the Architectural Committee with the approval of the Board, all in accordance with the provisions of Section 7.4 of the Subsidiary Declaration, which is entitled, "STANDARDS AND PROCEDURES FOR THE ARCHITECTURAL RULES", which interpret and implement the provisions of the Subsidiary Declaration by setting forth the guidelines, standards, and procedures for the review and approval of proposed Improvements by the Architectural Committee. 2.3 CITY. "City" shall mean and refer to Fresno.. California, the city in which the Subsidiary Development is located in its various departments, divisions, employees and representatives. 2.4 COUNTY. "County" shall mean and refer to the County of Fresno, California, the County in which the Subsidiary Development is located and its various departments, divisions, employees and representatives. 2.5 Declarant. "Declarant" shall mean and refer to LENNAR HOMES OF CALIFORNIA, INC.., Inc., or its successors and assigns, as the case may be, if such successors and assigns are assigned to the rights of the Declarant pursuant to Section 3.5 of this Subsidiary Declaration, entitled, "Assignment of Declarant's Rights," or if such successor or assign 4 Std CC&ft's Outlot B Tract 5427 and Tract 6163 mps 01232017 is a Mortgagee acquiring Declarant's interest in the Subsidiary Development by foreclosure or deed in lieu of foreclosure. 2.6 SUBSIDIARY DECLARATION. "Subsidiary Declaration" shall mean and refer to this "Declaration of Covenants, Conditions, and Restrictions for Outlot B of Tract 5427 and Tract 6163 for Carriage House", and any amendments, modifications, or supplements thereto. 2.7 DELEGATE DISTRICT. "Delegate District" shall mean and refer to the Development. 2.8 FINAL PUBLIC REPORT. "Final Public Report" shall mean and refer to the final subdivision Public Report issued by the Commissioner of the California Bureau of Real Estate pursuant to the California Subdivided Lands Act. 2.9 SUBSIDIARY DEVELOPMENT. "Subsidiary Development" shall mean and refer to the Property that is to be developed as well as improved and any Improvements that are located on or within the Property. 2.10 GOVERNING DOCUMENT(S). "Governing Document(s)" shall mean and refer to this Subsidiary Declaration and the Architectural Rules. 2.11 IMPROVEMENT(S). "Improvement(s)" includes, but is not limited to, the construction, installation, and alteration or remodeling of any buildings, walls, roofs, foundation, decks, fences, swimming pools, landscaping, landscape structures, skylights, solar heating equipment, spas, antennas, utility lines as well as any structure of any kind. In no event shall the term "Improvement" be interpreted to include projects, which are restricted to the interior of any Residence. 2.12 INVITEE(S). "Invitee(s)" means any person or persons within the Subsidiary Development at the express or implied invitation of a Subsidiary Owner, as that term is defined in Section 2.17 of this Subsidiary Declaration, which is entitled, "SUBSIDIARY OWNER(S)" and for business purposes, for mutual advantage, or for purely social purposes. 5 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 2.13 MORTGAGE(S): MORTGAGEE(S); INSTITUTIONAL MORTGAGEE(S); FIRST MORTGAGE(S) AND FIRST MORTGAGEE(S). A. "Mortgage(s)" shall mean and refer to a mortgage(s) or deed(s) of trust encumbering a Subsidiary Lot or other portion of the Subsidiary Development. B. "Mortgagee" shall mean and refer to the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage. C. "Institutional" Mortgagee shall mean and refer to a Mortgagee that is a brink, savings and loan association, Mortgage Company, or other entity which is chartered or licensed under any Federal or State laws and whose principal business is lending money on the security of real property or investing in such loans, or any insurance company or any Federal or State agency or instrumentality, including, without limitations, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. D. "First Mortgage(s)" or "First Mortgagee(s)" shall mean and refer to one having priority as to all of the other Mortgages or holders of Mortgages encumbering the same Subsidiary Lot or any other portions thereof. 2.14 Property. "Property" shall mean and refer to the Property described in the "RECITALS" section of this Subsidiary Declaration and such additional real property as might later be annexed to this Subsidiary Development and become subject to the provisions of this Subsidiary Declaration. 2.15 RESIDENCE(S). "Residence(s)" shall mean and refer to a private, single family dwelling constructed or to be constructed on a Subsidiary Lot. 2.16 SUBSIDIARY LOT(S). "Subsidiary Lot(s)" shall mean and refer to Outlot B and Lots 1 through 84 of Tract 6163. 2.17 SUBSIDIARY OWNER(S). A. "Subsidiary Owner(s)" shall mean and refer to each person or entity that holds a fee title interest in a Subsidiary Lot, including, but not limited to, the Declarant or a Contract Buyer. B. "Subsidiary Owner" shall not include persons or entities that hold an interest in a Subsidiary Lot merely as security for the performance of an obligation. 6 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 ARTICLE III PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMEN'T'S. 3.1 PERSONS SUBJECT TO THE GOVER\TING DOCUMENTS. A. All present and future Subsidiary Owners, tenants and occupants of Subsidiary Lots shall be subject to, and shall comply with, each and every provision of the Governing Documents, as the same or any of there shall be amended from time to time, unless a particular provision is specifically restricted in its application to one (1) or more of such classes of persons, i.e., Subsidiary Owners, Tenants, Invitees, etc. B. The acceptance of a deed to a fee title interest in any Subsidiary Lot, the entering into a lease, sublease or contract of sale with respect to any Subsidiary Lot, or the occupancy of any Residence shall constitute the consent and agreement of such Subsidiary Owner, tenant or occupant that each and all of the provisions of the Governing Documents, as the same or any of them may be amended from time to time, shall be binding upon said person and that said person will observe and comply with the provisions of the Governing Documents. 3.2 BLANKET UTILITY EASEMENT. A. There is hereby created a blanket easement upon, across, over and under all of the Property for ingress, egress, installation, replacing, repairing and maintaining all sidewalks and utilities, including but not limited to water, sewers, gas, telephones, drainage, electricity and any cable television system. B. Notwithstanding the foregoing, no sewer, electrical lines, water lines, or other utilities may be installed or relocated on the Property except as initially designed and approved by the Declarant or thereafter approved by the City and the Architectural Committee. C. The easements provided for in this Section 3.2 shall in no way affect any other recorded easement on the Property. 3.3 RIGHTS OF ENTRY OR USE. Each Subsidiary Lot shall be subject to the following right of entry and use. The right of the Declarant or its designees, successors or assigns to enter upon any portion of the Subsidiary Development to construct the Improvements to the Property, and to make repairs and remedy construction defects, provided that such entry shall not interfere with the use or occupancy of any occupied Subsidiary Lot unless authorized unreasonably withheld. The right, but not the obligation, of the Subsidiary Owners or their representatives, of adjoining Subsidiary Lots, of entry upon and access to,. slopes and drainage ways located upon a Subsidiary Lot when such access is essential for the maintenance or stabilization of slopes or 7 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 drainage, or both, on such adjoining Subsidiary Lots, provided request for entry is made in advance and that entry is at a time convenient to the Subsidiary Owner whose Subsidiary Lot is being entered upon. In case of emergency the right of entry shall be immediate. 3.4 OTHER EASEMENTS. Each Subsidiary Lot, its Subsidiary Owner, tenants and occupants is declared to be subject to all easements, dedications, and rights-of-way granted or reserved in, on, over, and under the Property and each Subsidiary Lot. 3.5 ASSIGNMENT OF Deelarant'S RIGHTS. Nothing in this Subsidiary Declaration shall limit the right of the Declarant to complete construction of improvements to Subsidiary Lots owned by the Declarant or to alter them or to construct additional Improvements as the Declarant deems advisable before completion and sale of the entire Subsidiary Development. The rights and powers of the Declarant in this Subsidiary Declaration may be assigned by the Declarant to any successor to all or any part of any of Declarant's interest in the Subsidiary Development, as the Declarant, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor or by a separate instrument of assignment. Any such rights and powers shall pass to any Mortgagee acquiring all or any portion of the Declarant's interest in the Subsidiary Development by foreclosure or by deed in lieu of foreclosure. ARTICLE IV VOTING OF OWNERS 4.1 VOTING APPROVAL. Except as may otherwise be provided for in the provisions of the Subsidiary Declaration, including, but not limited to, the provisions of Section 4.2 of the Subsidiary Declaration, which is entitled, "VOTING RIGI-ITS OF SUBSIDIARY OWNERS," all matters requiring approval of the Subsidiary Owners shall be deemed approved if the Subsidiary Owners who hold a majority of the total voting power of the Subsidiary Owners assent to them by written consent or, either in person or by proxy, by their affirmative vote at any duly called meeting of the Subsidiary Owners. 4.2 VOTING RIGHTS OF SUBSIDIARY OWNERS. A. Each Subsidiary Owner shall be entitled to one (1) vote for each Subsidiary Lot in which it, he, she, or they own(s) an interest in the fee title. B. If there is more than one (1) Subsidiary Owner of an interest in the fee title to a Subsidiary Lot, only one (1) vote may be cast with respect to such Subsidiary Lot and said vote may not be cast on a fractional basis. 8 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 C. If the Subsidiary Owners are unable to agree as to how the vote should be cast, the vote shall be forfeited on the matter in question. D. If any Subsidiary Owner which has multiple Subsidiary Owners casts a vote that conflicts with a vote cast by any other Subsidiary Owner of said Subsidiary Lot, the vote of said Subsidiary Lot shall not be counted and shall be considered void. ARTICLE V COVENANT'S AND USE RESTRICTIONS 5.1 ANIMALS. A. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be kept on any Subsidiary Lot or elsewhere within the Subsidiary Development except that domestic dogs, cats, fish and birds, inside bird cages, may be kept as household pets within any Subsidiary Lot, if they are not kept, bred, or raised for commercial purposes or in unreasonable quantities. B. Each person bringing or keeping a pet upon the Subsidiary Development shall be liable to the other Subsidiary Owners, their family members, guests, Invitees, tenants, and contract purchasers, and their respective family members, guests, and Invitees for any damage to person or property proximately caused by any pet brought upon or kept upon the Subsidiary Development by the person or by members of his or her family, guests, or Invitees. 5.2 ANTENNA AND EXTERNAL FIXTURES. A. No outside television antenna, microwave or satellite dish, aerial, or other such device (collectively "Antennas") with a diameter or diagonal measurement in excess o1' one (1) meter shall be erected, constructed or placed on or within any Subsidiary Lot. B. Antennas with a diameter or diagonal measurement of one (1) meter or less may be installed only if they conform to the Architectural Rules. Reasonable restrictions which do not significantly increase the cost of the Antenna system or decrease its efficiency or performance may be imposed. C. The Architectural Committee, in acting upon requests for approval of a satellite dish or other signal reception transmission devices, shall comply with the provisions of California Civil Code Section 4725 and Federal Communications Commission regulations. 5.3 ARCHAEOLOGICAL REQUIREMENTS. A. If in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected areas shall cease, until a qualified archaeologist/historian/paleontologist, as the case 9 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 may be, is contacted and has evaluated said resources and establishes boundaries around any sensitive areas. B. If the site is determined to be significant, appropriate mitigation measures shall be formulated and implemented. 5.4 CHANGING GRADES, SLOPES AND DRAINAGE. No change in the established grade or elevation of a Subsidiary Lot or an easement and no change in the established slope or ratio of the cuts and tills which alters established drainage patterns shall be permitted without the prior written consent of the City, for the purposes hereof, established drainage patters are defined as the drainage patterns existing at the time the grading of said property was completed in conformity with the grading and drainage plan heretofore approved by the City. 5.5 COMPLIANCE WITH LAW. A. Nothing shall be done or kept on or within any Subsidiary Lot that might increase the rate of, or cause the cancellation of, insurance for any portion of the Subsidiary Development, without the prior written consent of the Architectural Committee. B. No Subsidiary Owner shall permit anything to be done or kept in its, his or her Subsidiary Lot that violates any law, ordinance, statute, rule, or regulation of any local, county, state, or federal body. 5.6 DETACHED STRUCTURES. All structures which are detached from the Residence must be approved by the Architectural Committee prior to their construction and if not of the same material and/or color as the exterior of the Residence on the same Subsidiary Lot may not be more than six feet (6') in height and must be screened from the view of any street or neighboring Subsidiary Lot, otherwise, if constructed of the same material and/or color it may be of any reasonable height and need not be screened from view. 5.7 FENCES. No fences, ornamental screens or walls of any nature shall be erected or maintained on or around any portion of the side or rear yards of any Subsidiary Lot, or elsewhere within the Subsidiary Development except those that are installed in accordance with the original construction of the Subsidiary Development, their replacements, or those authorized and approved by the Architectural Committee. 10 Std CC&It's Outlot B Tract 5427 and Tract 6163 mps 01232017 5.8 GAS Olt LIQUID STORAGE. With the exception of propane tanks used for home style barbecues, no tank for the storage of gas or liquid shall be installed cm or in the Subsidiary Development unless such installation is done by the Declarant or has been approved by the Architectural Committee. 5.9 HAZA1tDOUS WASTE. No toxic or hazardous materials, such as, but not limited to, fuels, oils, other petroleum products, chemicals, detergents or cleaners shall be disposed of within the Subsidiary Development by dumping them on the surface of the ground, in drainage ways, waterways, on any Improvements or contiguous to the Property. 5.10 LEASING. A. A Subsidiary Owner is permitted to lease or rent the Subsidiary Owner's Subsidiary Lot. B. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all of the terms and provisions of this Subsidiary Declaration and any lease or rental agreement shall comply with Section 3.3 of this Subsidiary Declaration, entitled, "RIGI-ITS OF ENTRY OR USE," and shall specify that failure to abide by such provisions shall be a default under the lease or rental agreement. 5.11 LEGAL REMEDIES FOR SUBSIDIARY OWNER NONCOMPLIANCE. A. The failure of any Subsidiary Owner to comply with any provisions of this Subsidiary Declaration shall give rise to a cause of action in any aggrieved Subsidiary Owner for the recovery of damages or for injunctive relief, or both. B. Before instituting any judicial action, arbitration or other proceeding arising out of any Subsidiary Owner's or resident's failure or alleged failure to comply with any of the provisions of this Subsidiary Declaration, the Architectural Committee or Subsidiary Owner who desires to initiate such action, hereinafter referred to as the "Complaining Party," must make a good faith attempt to mediate the dispute pursuant to this Subsection 5.11 B. C. The Complaining Party shall send to the other party, hereinafter referred to as the "Responding Party", a written notice of the nature of the dispute, the facts giving rise to its claim and its desire to mediate, hereinafter referred to as the "Mediation Notice". D. Should either party commence a ,judicial action, arbitration, or other proceeding without sending a Mediation Notice, the Responding Party shall be entitled to stay the action and request a Mediation Notice from the Complaining Party, 11 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 E. The Mediation Notice shall name a mediator. P. Unless one (1) of the parties to any mediation is the Declarant, in which case the Declarant shall advance any costs to institute such mediation, the Complaining Party shall be obligated to pay any fee to initiate mediation, however the cost of mediation, including any attorneys' fees, shall uftimately be borne as determined by the parties if the mediation results in a settlement of the dispute. G. If the Responding Party does not agree with the complaining Party's choice of a mediator, the parties shall ask that the American Arbitration Association pick a mediator from its panel within ten (10) days from the Responding Party's receipt of the Mediation Notice. 1=1. Within thirty (30) days after the mediator is chosen, the parties shall schedule and attend a mediation session and make a good faith effort to resolve their dispute. I. If the mediation session does not resolve the dispute or if the Responding Party refuses to attend, the dispute shall be submitted to, and conclusively determined by, binding arbitration in accordance with Subsections C. through 1., below, provided, however, that the provisions of this Subsection 5.11 B. shall not preclude any party from seeking injunctive or other provisional or equitable relief in order to preserve the status quo of the parties pending resolution of the dispute and, the filing of an action seeking injunctive or other provisional relief shall not be construed as a waiver of that party's arbitration rights. J. The arbitrator(s) shall be selected and the arbitration conducted in accordance with the Commercial Arbitration rules of the American Arbitration Association. K. The arbitration shall be conducted in Fresno County, California. L. The parties shall submit to the arbitration all written, documentary, or other evidence and oral testimony as is reasonably necessary for a proper resolution of the dispute. M. Copies of all written submittals shall be provided to the arbitrator(s) and the parties on each side. N. The arbitrator(s) shall conduct such hearings as (s)he/they consider necessary; may require the submission of briefs or points and authorities; and may submit written questions to the parties. O. The parties shall respond to such questions in writing. P. If a question is addressed to less than all of the parties, copies of the question and the answer thereto shall be served on the other parties. Q. At the hearing, any relevant evidence may be presented by any party and the formal rules of evidence applicable to judicial proceedings shall not govern. 12 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 R. Evidence shall be admitted or excluded at the sole discretion of the arbitrator(s). S. Except as provided above, the arbitration procedures set forth in the California Arbitration Act Statutes, CC13 §§ 1282-1294.2, shall apply to the arbitration. T. The arbitration shall proceed with due dispatch and a decision shall be rendered within sixty (60) days after appointment of the arbitrator(s). U. The arbitrator(s)' decision shall be in writing and in a form sufficient for entry of a judgment in any court of competent jurisdiction in the state of California. Y. Any decision of the arbitrator(s) shall be subject to the limitations set forth in the immediately succeeding paragraph: The arbitrator(s)'shal] be authorized to provide all recognized remedies available in the law or equity for any cause of action that is the basis of any such arbitration. In no event shall the arbitrator(s)' award include any component for punitive or exemplary damages. The Declarant shall be obligated to pay any fee to initiate such arbitration, however, the costs of the arbitration proceeding, including attorney's fees, shall be borne as ultimately determined by the arbitrator(s). 5.12 MACHINERY AND EQUIPMENT. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any Subsidiary Lot except such machinery or equipment as is usual or customary in connection with the use, maintenance or repair of a private, suburban Residence or appurtenant structures within the Subsidiary Development. 5.13 MAINTENANCE- SUBSIDIARY OWNER RESPONSIBILITY. A. Each Subsidiary Owner shall be responsible for maintaining the structures located upon its, his or her Subsidiary Lot, including the equipment and fixtures in the structure and its walls, roof, ceilings, windoNvs and doors in a clean sanitary, workable and attractive condition. B. However, each Subsidiary Owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; except that windows can be covered only by drapes, shutters, or shades and cannot be painted or covered by foil, cardboard, or other similar materials. 13 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 C. Each Subsidiary Owner also shall be responsible for maintenance, repair, and replacement of all plumbing, electrical, heating, air conditioning, and gas lines, conduits, apparatus, and equipment servicing its, his or her Subsidiary Lot and repair, replacement, and cleaning of the windows and glass of its, his or her structure. D. If a Subsidiary Owner is required to make any repair, or if the Subsidiary Owner desires to construct any Improvement or install any fixture or equipment that will affect the exterior appearance of the Subsidiary Lot and/or any structure on the Subsidiary Lot, the prior written approval of the Architectural Committee must first be obtained. E. However, such approval need not be obtained to make emergency repairs, provided that the structure so affected is restored to its original condition at the Subsidiary Owner's expense. F. Furthermore, each Subsidiary Owner shall water, plant, cut, remove, and otherwise care for the landscaping located on its, his or her Subsidiary Lot. 5.14 OFFENSIVE CONDUCT; NUISANCE. A. No noxious or offensive activities including, but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the Subsidiary Development. B. Nothing shall be done on or within the Subsidiary Development that may be or may become an annoyance or nuisance to the residents of the Subsidiary Development or that in any way interferes with the quiet enjoyment of occupants of Subsidiary Lots. C. No Subsidiary Owner shall serve food or beverages, cook, barbecue or engage in similar activities except within such Subsidiary Owner's Subsidiary Lot. 5.15 OUTSIDE LAUNDERING AND DRYING. No exterior clotheslines shall be erected or maintained within the Subsidiary Development and there shall be no exterior drying or laundering of clothes on balconies, patios, porches, or other outside areas. 5.16 PARKING RESTRICTIONS, USE OI, GARAGES. A. No vehicle shall be parked or left in the Subsidiary Development other than within an enclosed garage, on the appurtenant driveway, in the appropriate area of any public street, any designated guest parking area or space, or an area screened from view from any street or Subsidiary Lot in the Subsidiary Development and at no time shall a motor vehicle of any kind be permitted on the front yard landscaping. 14 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 B. No boat, trailer, recreational vehicle, camper, inoperable vehicle, or commercial vehicle shall be parked or left in the Subsidiary Development for a period longer than forty- eight (48) hours over any two hundred forty (240) hour period unless screened from view from any street, or Subsidiary Lot in the Subsidiary Development. C. All driveways and garages shall be maintained in a neat and orderly condition and all garage doors shall remain closed except as is necessary to permit ingress or egress for vehicles and for the purpose of cleaning or working in the garage or the surrounding area. D. All garages shall be used for the parking of vehicles only and shall not be converted for living, business or recreational activities if doing so would preclude the parking of vehicles in same. B. On the scheduled day for trash pickup, there shall be no parking within any Gui- de-sac. 5.17 RESIDENTIAL, USE. Subsidiary Lots shall be used solely for the construction of permanent Residences and customary appurtenances designed for single family purposes in conformity with the requirements imposed by suburban living, applicable zoning, or other governmental regulations, and no part of the Subsidiary Development shall be used, caused, allowed, or authorized to be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other such nonresidential purposes, except for the following: Any type of home occupation provided that the proposed occupation ineets the following criteria. a. Any such occupation shall be conducted within not more than one (1) room of the Residence, excluding garages, except for artist studios; b. There shall be no structural alterations of the residence, and the existence of said occupation shall not be apparent beyond the boundaries of the premises; C. No displays, regular delivery of merchandise, or advertising signs shall be permitted on the premises; d. There shall be no more than two (2) customer, patients, clients, students, or other persons served by said occupation upon the premises at any one time; e. If required, the City has issued a business license for said occupation; and f. Said occupation shall be strictly secondary and subordinate to the primary residential use and shall not change or detrimentally affect the residential character of the Residence, property, or neighborhood. 15 Std CMTs Outlot B Tract 5427 and Tract 6163 mps 01232017 B. Provided that. for a period of five (5) years from the date of the closing of the first (1") sale in the Subsidiary Development Subsidiary Lots owned by the Declarant may be used by the Declarant or its designees as models, sales offices, and construction offices for the purposes of developing, improving and selling Subsidiary Lots in the Subsidiary Development. 5.18 SIGNS. No sign or billboard of any kind, including but not limited to commercial signs shall be displayed to the public view on or from any Lot, except for: Directional signs established by Declarant or the Association; Such signs as may be required for legal proceedings or notices; Residential identification signs of a combined total face area of one hundred forty-four (144) square inches or less for each Lot; During the time of construction of any improvement, one (1) job identification sign not larger than eighteen by twenty-Cour inches (18" by 24") in height and width and having a face area not larger than three (_i) square feet; Signs advertising Lots "For Sale" or "For Rent," which shall be of customary and reasonable dimensions and of a professional type and dignified appearance. a. If, at the time of any such desired use, the Association is providing "For Sale" or "For Rent" signs for the use of Subsidiary Owners, the sign provided by the Association shall be used. b. "For Sale" or "For Rent" signs may not be placed anywhere in the Common Area other than areas expressly approved by the Association; C. Signs, billboards, and other advertising devices or structures used by d. Declarant in connection with the Subsidiary Development, subdivision, advertising, and sale of the Property and its I.,ots; e. Noncommercial signs, posters, flags, or banners otherwise permitted by law, except that under no circumstances may a noncommercial sign or poster exceed nine (9) square feet or a noncommercial flag or banner exceed fifteen (15.) square feet; and, f. Political campaign signs, which shall be of customary and reasonable dimensions as well as of a professional type and dignified appearance and only remain on a Lot for the period of time that is applicable to the duration of the campaign to which they apply. 16 Std CC&ft's Outlot B Tract 5427 and Tract 6163 mps 01232017 5.19 TRASH DISPOSAL. A. No trash, garbage, rubbish or other waste material shall be allowed to accumulate on any Subsidiary Lot unless stored in appropriate sanitary, covered disposal containers located within the enclosed backyard area adjacent to the Subsidiary Owner's Residence and screened from the view of any street or neighboring Subsidiary Lot. B. Except on the scheduled day for trash pickup, these receptacles may be located in the places specifically designated for such purposes. C. Any extraordinary accumulation of rubbish, trash, garbage or debris, such as, but not limited to, debris generated upon vacating the premises or during the construction of modifications and Improvements, shall be removed from the Subsidiary Lot to a public dump or trash collection area by the Subsidiary Owner or tenant at its, his or her expense. 5.20 USE OF VEHICLES. A. No boat, truck, trailer, van, camper, recreational vehicle, or tent shall be used as a living area while located within the Subsidiary .Development. B. However, trailers or temporary structures for use incidental to the initial construction of the Subsidiary Development or the initial sales of Subsidiary Lots may, be maintained within the Subsidiary Development, provided that such use does not unreasonably interfere with any Subsidiary Owners' use of the area. C. Such trailers or structures will be promptly removed upon completion of all initial construction and all initial sales. ARTICLE VI PROTECTION OF MORTGAGEES 6.1 MORTGAGE PERMITTED. Any Subsidiary Owner may encumber its, his or her Subsidiary Lot with a Mortgage. 6.2 LIEN NOT INVALIDATED. No breach of any provision of this Subsidiary Declaration shall invalidate the lien of any Mortgage made in good faith and for value; but all of the covenants, conditions and restrictions contained in this Subsidiary Declaration shall be binding on any Subsidiary Owner whose title is derived through foreclosure sale, trustee sale, or otherwise. 17 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 6.3 MOR'T'GAGEE NEED NOT CURE BREACH. Anv Mortgagee who acquires title to a Subsidiary Lot by foreclosure or by deed in lieu Of foreclosure or assignment in lieu of foreclosure shall not be obligated to cure any breach of this Subsidiary Declaration that is non-curable or the type that is not practical or feasible to cure. 6.4 STATUS OF LOAN TO FACILITATE RESALE, Any First Mortgage given to secure a loan to facilitate the resale of a Subsidiary Lot after acquisition by foreclosure or by deed in lieu of foreclosure or by any assignment in lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protection of the Mortgages under this Subsidiary Declaration. 6.5 RIGI-1T TO APPEAR AT MEE TINGS. Because of its Financial interest in the Subsidiary Development, any Mortgagee may appear, but cannot vote, at meetings of Subsidiary Owners to draw attention to violations of this Subsidiary Declaration that have not been corrected or that have been made the subject of remedial proceedings. 6.6 CONTROL IF MORTGAGEE PROTECTION CONFLICT WITH OTHER PROVISIONS In the event of any conflict between any of the provisions of Subsections 6.1 through 6.6 of this Subsidiary Declaration and any other provisions of this Subsidiary Declaration, the provisions of Subsections 6.1 through 6.6 of this Subsidiary Declaration shall control. ARTICLE VII ARCHITEC'T'URAL CONTROL 7.1 ESTABLISHMENT OF ARCHITECTURAL COMMITTEE. Except as to the construction of Improvements by the Declarant in the Subsidiary Development, no Improvement of any hind shall be commenced, erected or maintained within the Property, nor shall any exterior addition to or change oi• alteration be made to the exterior of any Residence until the plans and specifications showing the nature, color, kind, shape, height, including front, side and rear elevations, materials, and location of the same shall have been submitted to and approved in writing by the Architectural Committee as to quality of workmanship and materials, harmony of external design and location in relation to surrounding structures, setback lines, topography and finish grade elevation. 18 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 7.2 APPOINTMENT AND ELECTION OF ARCHITECTURAL COMMITTEE. A. Authorized Number of Members. The Architectural Committee will consist of three (3) persons, which will constitute the number of authorized members. B. Appointment of Members and "Perm of Office. C. The Declarant shall appoint all of the original members of the Architectural Committee, and any replacements, none of whom need to be Subsidiary Owners. D. Said original appointees, and any replacements, shall be subject to removal at any time by the Declarant. L. The initial appointees, and any replacements, shall hold office until the first (151) anniversary of the original issuance of a Final Public Report for the Subsidiary Development. F. Thereafter, the Declarant may appoint a majority of the members of the Architectural Committee, together with any replacements, and the Subsidiary Owners may elect the remaining members of the Architectural Committee, until all of the Subsidiary Lots in the Subsidiary Development have been sold and deeds to them recorded in favor of Subsidiary Owners, other than the Declarant or until the fifth (5t') anniversary of the original issuance of a Final Public Report the Subsidiary Development. G. Thereafter, the Subsidiary Owners shall have the power to elect all of the members of the Architectural Committee. H. A majority of the Architectural Committee may designate a representative to act on its behalf. 1. Neither the members of the Architectural Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant hereto. J. Surrender of Power of Appointment. K. The Declarant, at any time, may relieve themselves of the obligation of appointing and maintaining members of the Architectural Committee by recording in the Recorder's Office of the County a notice stating that the Declarant has surrendered the powers of appointment and maintenance. L. Upon the recording of such a notice, even it not specified therein, all such powers and obligations shall immediately vest in the majority of the Subsidiary Owners. 19 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 M. Except as otherwise provided for in this Subsidiary Declaration, the term of any Architectural Committee members shall be terminated if and when any one (l) of the following events shall occur: At the death or resignation of such member; or At any time after the Subsidiary Owners have the power to elect all of the members of the Architectural Committee, by the removal of such member by the vote or request of at least fifty-one percent (51%) of the Subsidiary Owners. N. Whenever a vacancy shall occur in the Architectural Committee, for whatever reasons, the successor or successors shall be appointed in the same manner as specified in Subsection B. above, to fill the vacancy or vacancies. O. At any time after all of the Subsidiary Lots in the Subsidiary Development have been sold and deeds to them recorded in favor of Subsidiary Owners, other than the Declarant or until the fifth (5"') anniversary of the original issuance of a final Public Report the Subsidiary Development, whichever is the first (1'') to occur, but not more frequently than once every two (2) years, upon the written request of fifty-one percent (51%) of the Subsidiary Owners, an election shall be held to elect a member to each position on the Architectural Committee. P. When an election should occur under the terms of this Subsection P., the following provisions shall apply: 1. Nomination for election to the Architectural Committee shall be made by the Subsidiary Owners and all nominees must be Subsidiary Owners. 2. The Architecturcil Committee shall adopt procedures that provide for an equitable opportunity for nominees to communicate their qualifications and reasons for candidacy to the Subsidiary Owners and to solicit votes, as well as a reasonable time for all Subsidiary Owners to choose among the nominees. 3. The election of members shall be by secret written ballot and the nominees receiving the highest number of votes up to the number of positions to be filled shall be elected. 7.3 SUBMISSION OF PLANS; ACTION 13Y ARCI= rrECTURAL COMMITTEE. A. Plans and specifications for the proposed Improvement shall be submitted to the Architectural Committee prior to tendering same to the City, by personal delivery or certified mail to the chairman of the Architectural Committee whose name and address said chairman shall provide to each and every Subsidiary Owner immediately after lie or she is named to the chairmanship. 20 Std CC&It's Outlot B Tract 5427 and Tract 6163 mps 01232017 B. In the event the Architectural Committee fails to approve or disapprove such design and location within forty-five (45) days alter said plans and specifications have been submitted to it, the request shall be deemed to have been approved. C. Approval of the Architectural Committee can contain conditions or requests for modification of particular aspects of the Subsidiary Owner's plans and specifications. 7.4 STANDARDS AND PROCEDURES FOR THE ARCHITECTURAL RULES. A. The Architectural Committee may, subject to review by a majority of the Subsidiary Owners, from time to time adopt, amend and repeal rules and regulations to be known as Architectural Rules. B. Said rules shall interpret and implement the provisions of the Subsidiary Declaration by setting forth the standards and procedures for the review and approval of proposed Improvements and guidelines for architectural and subdivision design features which will enhance the suburban character of the Subsidiary Development, and shall establish standards for design and style of buildings, placement of any .work of Improvement or color schemes, exterior finishes and materials and similar features which are recommended for use within the Property, provided that, said rules shall not be in derogation of the minimum standards required by the Subsidiary Declaration. C. In the event of any conflict between the provisions of the Architectural Rules and the provisions of this Subsidiary Declaration, the provisions of this Subsidiary Declaration shall prevai 1. 7.5 13ASIS FOR APPROVAL OF IMPROVEMENTS. When a proposed Improvement is submitted to the Architectural Committee for review, the Architectural Committee shall grant the requested approval only if the Architectural Committee, in its sole discretion, finds that all of the following provisions have been satisfied: 1. The Subsidiary Owner has complied with those provisions of this Subsidiary Declaration and Architectural Rules pertaining to the content, and procedures for submittal, of plans and specifications; 2. The Subsidiary Owner's plans and specifications: a. will conform to this Subsidiary Declaration and to the Architectural Rules in affect at the time such plans are submitted to the Architectural Committee; 21 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 f b. will result in the construction of an Improvement that is in harmony with the external design of other structures and/or landscaping within the Subsidiary Development; c. will not interfere with the reasonable enjoyment of any other Subsidiary Owner of its, his or her property, including, without limitation, the other Subsidiary Owner's rights to scenic and solar access free of unreasonable obstructions 3. The proposed Improvement(s), if approved, will otherwise be consistent with the architectural and aesthetic standards prevailing within the Properties together with the overall plan and scheme of Subsidiary Development as well as the purposes of this Subsidiary Declaration. 7.6 VARIANCES. The Architectural Committee shall be entitled to allow reasonable variances with respect to the provisions of this Section 7.6 or any restrictions specified in the provisions of this ARTICLE VII of this Subsidiary Declaration, in order to overcome practical difficulties, avoid unnecessary expense or prevent unnecessary hardships, provided that the following conditions are met: 1. If the requested variance will necessitate deviation From, or modification of, a Property use restriction that would otherwise apply under this Subsidiary Declaration, the Architectural Committee must conduct a hearing on the proposed variance after giving at least ten (10) days' prior written notice to all Subsidiary Owners of Residences within one hundred (100) feet of the property for which the variance applies. 2. The Subsidiary Owners receiving notice of the proposed variance shall have thirty (30) days in which to submit to the Architectural Committee written comments or objections with respect to the variance. 3. No decision shall be made with respect to the proposed variance until the thirty (30) day comment period has expired. 4. The Architectural Committee must make a good faith determination that: a. The requested variance does not constitute a material deviation from the; overall plan and scheme of Subsidiary Development within the Property or from any restriction contained herein or that the proposal allows the objectives of the violated requirement(s)to be substantially achieved despite noncompliance; or 22 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 01232017 b. The variance relates to a requirement hereunder that it is unnecessary or burdensome under the circumstances; or C. The variance, if granted, will not result in a material detriment, or create an unreasonable nuisance, with respect to any other Residences or Subsidiary Owners within the Property. 7.7 ESTOPPEL CERTIFICATE. Within thirty (30) days after written demand is delivered to the Architectural Committee by any Subsidiary Owner, and upon payment to the Architectural Committee of a reasonable fee, as fixed from time to time by the Architectural Committee, the Architectural Committee shall execute an estoppel certificate executed by any two (2) of its members, certifying, with respect to any Residence owned by the applicant Subsidiary Owner, that as of the date thereof, either: 1. All Improvements made and other work completed by said 577 Subsidiary Owner with respect to the Residence comply with this Subsidiary Declaration and Architectural Rules; or 2. That such Improvements or work do not so comply, in which event the certificate shall also identify the non-complying Improvements or work and set forth with particularity the bases of such non-compliance. 3. Any purchaser from the Subsidiary Owner, or anyone deriving any interest in said Residence through the Subsidiary Owner, shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Architectural Committee, all Subsidiary Owners and any persons deriving any interest through them. 7.8 COMPLIANCE WITH GOVERNMEN'T'AL REGULA'T'IONS. Review and approval by the Architectural Committee of any proposals, plans or other submittals pertaining to Improvements shall in no way be deemed to constitute satisfaction of, or compliance with, any building permit process or any other governmental requirements, the responsibility for which shall lie solely with the Subsidiary Owner who desires to construct, install, or modify the Improvement. ARTICLE, VIII AMENDMENTOF SUBSIDIARY DECLARA'T'ION 8.1 AMENDMENTOF SU13SIDIARY DECLARATION. A. Before the close of the first (I") sale of a Subsidiary Lot in the Subsidiary Development to a purchaser other than the Declarant, this Subsidiary Declaration and any 23 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 01232017 amendments to it, may be amended in any respect or revolved by the execution by the Declarant, and the subordination thereto of any Mortgagee of' record, of an instrument amending or revoking this Subsidiary Declaration. B. After the close of the first (1") sale of a Subsidiary Lot in the Subsidiary Development to a purchaser other than the Declarant, this Subsidiary Declaration may be amended or revoked in any respect by the vote or written consent of not less than fifty-one percent (51°io) of the voting power of the Subsidiary Development and fifty- one percent (51°io) of the voting power of the Subsidiary Development excluding the Declarant. 1. However, if any provision of this Subsidiary Declaration requires a greater or lesser percentage of the voting power of the Subsidiary Development in order to take affirmative or negative action under such provision, the percentage of voting power called for in said provision shall be required to amend or revoke such provision. 2. if the consent or approval of any governmental authority, Mortgagee or other person, firm, agency, or entity is required with respect to any amendment or revocation of any provision of this Subsidiary Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. C. Any amendment or revocation subsequent to the close of a first (I") sale of a Subsidiary Lot in the Subsidiary Development shall be evidenced by an instrument certified by a duly authorized Subsidiary Owner, which shall make appropriate reference to this Subsidiary Declaration as well as any amendments thereto, and shall recite that the requisite voting percentage was obtained. D. It shall then be recorded in the office of the Fresno County Recorder. 8.2 CONTROL 111 AMENDMENT PROVISIONS CONFLICT WITH MORTGAGEI PROTECTION OR onfER PROVISIONS. To the extent any provisions of Subsections 8.1 through 8.4, inclusive, of this Subsidiary Declaration conflict with the provisions of Subsections 6.1 through 6.6, inclusive, of this Subsidiary Declaration or any other provisions of this Subsidiary Declaration, the provisions of Subsections 6.1 through 6.6, inclusive, of this Subsidiar; Declaration or the other provisions shall control. 24 Std CC&It's Outlot B Tract 5427 and Tract 6163 mps 01232017 8.3 RELIANCE ON AMENDIMENTS. Any amendments made in accordance with the terms of this Subsidiary Declaration shall be presumed valid by anyone relying on them in good faith. 8.4 CONFORMING WITH MORTGAGEE REQUIREMENTS. A. It is the intent of the Declarant, that this Subsidiary Declaration and the Subsidiary Development in general, shall now and in the future meet all of the requirements necessary to purchase, guarantee, insure or subsidize any Mortgage of a Subsidiary Lot in the Subsidiary Development by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Federal Housing Administration, and the Veterans Administration. B. Each Subsidiary Owner shall take any action or shall adopt any amendment required by the Declarant or any Mortgagee to conform this Subsidiary Declaration or the Subsidiary Development to the requirements of any of the above referenced entities or agencies. AR'T'ICLE IX GENERAL PROVISIONS 9.1 HEADINGS. A. The headings used in this Subsidiary Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Subsidiary Declaration. 9.2 SEVERABILITY OF PROVISIONS. The provisions of this Subsidiary Declaration steal I be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions shall not invalidate any other provisions. 9.3 CUMULATIVE REMEDIES. A. Each remedy provided for in this Subsidiary Declaration shall be curnulative and not exclusive. B. Failure to exercise any remedy provided for in this Subsidiary Declaration shall not, under any circumstances, be construed as a waiver of the remedy. 9.4 VIOLATIONS AS NUISANCE. Every act or omission in violation of the provisions of this Subsidiary Declaration shall constitute a nuisance and, in addition to all other remedies set forth, may be abated or enjoined by a Subsidiary Owner. 2.5 Std CC&It's Outlot B Tract 5427 and Tract 6163 mps 01232017 9.5 NO DISCRIMINATORY RESTRICTIONS. No Subsidiary Owner shall execute or cause to be recorded any instrument that imposes a restriction upon the sale, leasing or occupancy of its, his or her Subsidiary Lot on the basis of race, sex, marital status, national ancestry, color, or religion. 9.6 LIBERAL CONSTRUCTION. The provisions of this Subsidiary Declaration should be liberally construed to effectuate its purpose. Failure to enforce any provision of this Subsidiary Declaration shall not constitute a waiver of the right to enforce the provisions thereafter. 9.7 NUMBER; GENDER. The singular shall include the plural and the plural the singular unless the context requires the contrary; and the masculine, feminine and neuter shall each include the masculine, feminine, or neuter as the context requires. 9.8 BINDING EFFECT. This Subsidiary Declaration shall inure to the benefit of and be binding on the heirs, administrators, executors, representatives, grantees, tenants, lessees, sub-lessees, successors and assigns of the Declarant, and the heirs administrators, executors, representatives, grantees, tenants, lessees, sub-lessees, successors, and assigns of the Subsidiary Owners. 9.9 NO FIXED 'GERM. This Subsidiary Declaration shall continue in full force and effect until this Subsidiary Declaration is revoked pursuant to Section 8.1 of this Subsidiary Declaration, entitled, "AMENDMENT OF SUBSIDIARY DECLARATION." 9.1 U NO REPRESENTATIONS OR WARRANTIES. No representations or warranties of any kind, express or implied, have been given or made by the Declarant, or its agents or employees, in connection with the properties, or any portion thereof, its physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a Subsidiary Common Interest Development except as specifically and expressly set forth in the Subsidiary Declaration and except as may be filed by the Declarant from time to time with the California Department of Real Estate. 26 Std CCU's Outlot a Tract 5427 and Tract 6163 mps 01232017 .,t 9.1 l AGRICULTURAL USE. Subsidiary Owners are hereby made aware that on the date of the recording of this Subsidiary Declaration, the City has a Right to Farm covenant and there are active agricultural operations being conducted in the area of the Subsidiary Development with the attendant noise, .odors, dust, chemicals, etc., that are normally associated with a properly conducted agricultural operation. 17 Declarant has executed this instrument as of the P10 day of 5014207 LENNAR HOMES OF CALIFORNIA,INC., a California corpor ion By: Mike Miller, Vice Pres dent CONSENT OF OWNER THE UNDERSIGNED OWNER OF THE REAL PROPERTY DESCRIBED ON EXHIBIT "A' ATTACHED HERETO, HEREBY CONSENTS TO THE RECORDATION OF THIS DOCUMENT. Dated: 4fter 7 (2016 -2nz TRICK VINCENT RICCHIUTI Trustee of the Patrick Vincent Ricchiuti Family Trust, Dated May 17, 1985 27 Std CCU's Outlot B Tract 5427 and Tract 6163 mps 09122016 J ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of than document. STATE OF. �(AL I Ttrn q )SS COUNTY OF FirQ5KO /_ ) On 0C;flbef 71 A014 before ne, sa6et • Tm Notary Public, personally appeared _ MIR VLKU-44t 4 GC , who 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. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ISABEL F.TREA WITNESS m hand and official seal. Commission tf 21219119 Z .=e Notary PuONe-Ctllfomlil Signature ' Z � Min C V MVComm. 1 1 This area for official notarial seal 29 Std CC&R's Outlot B Tract 5427 and Tract 6163 mps 09122016 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Fresno ) On /uiU� e� ani� before me, Christine Collins, Notary Public (insert name and title of the officer) personally appeared Mike Miller who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHRISTINE COLLINS Commission #2131344 a -s Notary Public-California z Fresno County r M Comm.Expires Nov 7,2019 Signature (Seal) V"\