HomeMy WebLinkAboutT-6131 - Agreement/Covenant - CC&Rs - 8/29/2017 i IIII III I IIII II II II IIII I III III II IIII I IIII I IIII II II �
FRESNO County Recorder
Paul Dictos, C.P.A.
RECORDING REQUESTED BY AND DOC_ 2017—$1$8493
WHEN RECORDED RETURN TO: Acct 8e93-North American rine Concord
Tuesday, AUG 29, 2017 08:00:00
LENNAR HOMES OF CALIFORNIA, Ini Tt1. Pd $88,00 Rcpt # 0004834616
8080 N. Palen Avenue, Suite 110 RGR I R4/1-24
Fresno, CA 93711
Attn: Mike Miller
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
Tract 6131
Savannah at Sterling Acres
A Residential Community
6\I.1-:NNAR\ Tract 6131 CC'RR's
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TABLE OF CONTENTS
PAGE
ARTICLE1 DEFINITIONS....................................................................................................2
SectionI.I. Terms...................................................................................................................2
Section 1.2. Applicability of Definitions................................................................................2
ARTICLE 2 EASEMENTS......................................................................................................3
Section2.1. Easements.............................................................................................................3
Section2.2. Drainage Easements...........................................................................................4
Section2.3. Encroachment Easement. ..................................................................................4
Section2.4. Views....................................................................................................................4
Section2.5. Fences and/or Walls............................................................................................4
Section2.6. Dedicated Easements..........................................................................................5
ARTICLE 3 USE RESTRICTIONS AND OBLIGATIONS OF OWNERS.......................5
Section3.1. Leasing of Lots....................................................................................................5
Section 3.2. Landscaping of Lots. ..........................................................................................5
Section3.3. General Maintenance of Lots. ...........................................................................5
Section3.4. Use Restrictions...................................................................................................6
ARTICLE 4 SCOPE OF ENFORCEMENT........................................................................11
Section4.1. Enforcement......................................................................................................11
Section4.2. Remedies............................................................................................................11
Section 4.3. Notice of Breach................................................................................................12
Section 4.4. Disputes Relating to Enforcement of Governing Documents.......................12
ARTICLE 5 MORTGAGEE PROTECTION .....................................................................1.2
Section 5.1. Mortgagee Protection........................................................................................12
ARTICLE 6 AMENDMENTS...............................................................................................12
Section6.1. Amendment Vote..............................................................................................12
Section 6.2. Effective Date of Amendment..........................................................................12
Section 6.3. Declarant's Right to Amend. ...........................................................................13
ARTICLE 7 DISPUTE MECHANISM................................................................................13
Section7.1. Dispute Resolution............................................................................................13
Section7.2. Construction Defect Disputes..........................................................................13
Section7.3. Other Disputes. .................................................................................................1.5
Section 7.4. Alternate Dispute Resolution Procedures......................................................15
Section 7.5. Use of Damage Award Amounts. ....................................................................18
Section7.6. Miscellaneous....................................................................................................18
ARTICLE 8 GENERAL PROVISIONS...............................................................................19
Section 8.1. Term and Extension of Declaration................................................................19
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Section8.2. Severability........................................................................................................19
Section8.3. Liberal Construction........................................................................................19
Section8.4. Attorneys' Fees. ................................................................................................19
Section 8.5. Termination of Declarant's Obligations.........................................................19
Section8.6. Number, Gender...............................................................................................19
Section8.7. Non-Liability of Declarant...............................................................................19
Section 8.8. Grantees Subject to this Declaration..............................................................19
EXHIBIT "A" THE PROPERTIES.......................................................................................20
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
Tract 6131
Savannah at Sterling Acres
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION FOR Tract 6131, SAVANNAH AT STERLING ACRES, A
RESIDENTIAL COMMUNITY, is made by LENNAR HOMES OF CALIFORNIA, INC., a
California corporation, ("Declarant"), being the owner of that certain real property Subject to
this Declaration, and hereinafter more particularly described.
WITNESSETH:
WHEREAS, Declarant is the owner of that certain real property located in the City of
Fresno, County of Fresno, State of California, described on Exhibit "A," attached hereto and
incorporated herein by this reference (`'Properties").
WHEREAS, the development of the Properties is a residential standard subdivision
known as "Tract 6131" or "Savannah at Sterling Acres" ("Community'). The Community will
be developed by Declarant and will consist of 181 residential lots.
WHEREAS, it is the desire and intention of Declarant to sell and convey residential lots
within the Community to various purchasers subject to certain basic protective restrictions,
conditions, limitations, easements, covenants, reservations, liens and charges between it and the
purchasers or users of said Community, as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that all of the real property described
above, is, and shall be held, hypothecated or encumbered, sold, leased, rented, used, occupied,
conveyed, and improved subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of preserving the integrity, beauty and aesthetic qualities
and desirability of, and which shall run with, the real property and be binding on all parties
having any right, title or interest in the Community or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each Owner thereof. The provisions of this
Declaration shall be enforceable by any of the Owners of an interest in the real property above
described, against any other Owner or Owners thereof.
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ARTICLE 1
DEFINITIONS
Section 1.1. Terms. Whenever used in this Declaration, the following terms shall have the
following meanings:
1.1.1 Community shall mean the real property described in the Preamble of this
Declaration and such additions thereto as may hereafter be brought under this Declaration
through annexation procedures, and all improvements thereon.
1.1.2 City shall mean and refer to the City of Fresno, County of Fresno, in the State of
California.
l.l.3 Declarant shall mean and refer to LENNAR HOMES OF CALIFORNIA, INC., a
California corporation, and its successors and assigns, if such successors or assigns should
acquire more than one (1) undeveloped Lot from Declarant for the purpose of development,
and/or are designated by Declarant as the Declarant for the purpose hereof by a duly recorded
written instrument. Declarant is the "builder" as defined in California Civil Code Section 911.
1.1.4 Declaration shall mean and refer to this enabling Declaration of Covenants,
Conditions and Restrictions and Reservation of Easements, as the same may be amended,
changed or modified, from time to time.
1.1.5 BRE shall mean and refer to the California Bureau of Real Estate.
1.1.6 Lot shall mean any residential lot shown on any recorded subdivision map,
certificate of compliance, or parcel map of any portion of the Community (and as the boundaries
of such Lot may be modified by a recorded lot line adjustment or certificate of compliance).
1.1.7 Mortgage shall mean and refer to a deed of trust as well as a Mortgage.
1.1.8 Mortgagee shall mean a person or entity to which a Mortgage is made, and shall
include the beneficiary of a deed of trust.
1.1.9 Notice to the Owner shall mean written notice sent by registered mail, return
receipt requested, to the Owner at the address of the Lot, or the Owner's last known residential
address i f di fferent than the Lot.
1.1.10 Owner shall mean and refer to the record Owners, whether one (1) or more
persons or entities, of fee simple title to any Lot which is part of the Community, including
contract sellers, but excluding those having such interests merely as security for the performance
of an obligation.
Section 1.2. Applicability of Definitions The aforesaid definitions shall be applicable to this
Declaration and to any supplements or amendments thereto (unless the context shall prohibit
such application), recorded pursuant to the provisions of this Declaration.
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ARTICLE 2
EASEMENTS
Section 2.1. Easements. The easements herein below described shall bind and inure to the
benefit of Declarant's heirs, personal representatives, successors and assigns. Subject easements
shall be construed as covenants running with the land, or equitable servitudes as necessary to
achieve Declarant's intent.
2.1.1' Declarant hereby acknowledges that it is its express intent to subject each Lot
within the Community which contains an underground utility conduit or pipe, as described herein
below, to such restrictions, covenants, easements, and servitudes as are necessary to provide for
the continued operation and existence of such utility conduit, pipe and utility lines.
2.1.2 Declarant hereby grants, reserves, and establishes non-exclusive easements over,
under, and through each and every Lot (excluding the actual location of the dwelling unit
thereon) within the Community as necessary for the installation, operation and maintenance of
underground utility conduits and lines for the sole purpose of providing utilities to such Lots.
2.1.3 Easements for installation and maintenance of utilities, sewer pipelines and
Facilities and drainage facilities over each of the Lots, and all pipelines and other facilities
located and to be located in said easements, are reserved where such facilities are installed and as
may be shown on the recorded Maps of the Community. Within such easements, no structure,
planting or other materials shall be placed or permitted to remain which may damage or interfere
with the installation and maintenance of utilities or which may change the direction of the flow
of drainage channels, or which may obstruct or retard the flow of water through drainage
channels in the easements. The casement area of each Lot and all improvements therein shall be
maintained continuously by the Owner of the Lot, except for those improvements for which a
public authority or a utility is responsible. In addition, all sewer pipelines and other sewer
facilities located or to be located within public roads, streets and highways abutting each of the
bots are reserved.
2.1.4 Each Lot which obtains electrical power, or other utility service through an
underground utility conduit, pipe or line located within an easement of another Lot or Lots, is
hereby granted and shall have the benefit of a non-exclusive easement through and under such
Lot or Lots for the installation, operation and maintenance of such conduit, pipe and the utility
lines therein, subject to the restrictions hereinafter set forth.
2.1.5 Each Lot containing an easement within which there lies an underground utility
conduit, pipe and utility lines are hereby declared to be, and shall be conveyed subject to, a non-
exclusive easement by reservation for the benefit of the Lot or Lots serviced by such conduit,
pipe and the utility lines therein, subject to the restrictions hereinafter set forth.
2.1.6 Said easements granted and reserved shall include incidental rights of installation,
maintenance, repair and access,except that repair and replacement of the utility lines within any
such conduit or pipe shall be performed with as little inconvenience and interruption of the Lot
as reasonably and commercially feasible.
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Section 2.2. Drainage Easements. Each Owner whose Lot is served by a yard drain for
surface water runoff and/or the drainage line that crosses any adjacent Lot(s) is hereby granted a
nonexclusive, perpetual casement, for the benefit of such Lot, on, over, tinder, along, through
and across such adjacent Lot(s) for the purpose of constructing, maintaining, inspecting and
repairing such drainage line.
Declarant expressly reserves, for its benefit and the benefit of each Owner of a Lot,
nonexclusive easements on, over, across and through all Lots for surface water drainage and for
the construction, installation, inspection, maintenance, repair and replacement of drainage lines
and improvements, and subdrain lines, access ports, and the like, wherever same may be located,
in accordance with the provisions of this Declaration. Stich easements over such portions of
each Lot shall be appurtenant to, binding upon, and shall pass with the title to, every Lot
conveyed.
Section 2.3. Encroachment Easement. Each Owner within the Community is hereby granted
an easement over all adjoining Lots for the purpose of accommodating any minor encroachment,.
due to engineering errors, errors in original construction, settlement or shifting of the building,
roof overhang, architectural or other appendages for so long as any such encroachment continues
to exist.
Section 2.4. Views. There are no express or implied easements whatsoever appurtenant to any
Lot for view purposes, or for-the passage of light and air across any other Lot, or any property
not within the Community, regardless of whether such Lot is owned by Declarant. In addition,
no Owner shall have any right to the protection of any view that may exist at any time from such
Owner's Lot across any other Lot. Each Owner, by accepting a deed to a Lot, hereby expressly
acknowledges and agrees that any view which Owner's Lot may enjoy as of the date of purchase
may be impaired or obstructed by the installation of trees, other landscaping or other types of
barriers (both natural and artificial), the growth of landscaping, the construction or installation of
improvements in the Community and/or any adjoining property, and each Owner hereby
expressly consents to any such obstruction. Declarant makes no assurance whatsoever
concerning the impact on views of any construction of improvements by anyone after completion
of Declarant's original construction, whether such construction is constructed on in the
Community or on property contiguous to the Community.
Section 2.5. Fences and/or Walls. Each Owner shall maintain fences and/or walls along the
perimeters of such Owner's Lot in conformance with the requirements of the City, unless
otherwise indicated herein. The cost of maintenance, repair, or replacement of the fences and/or
walls shall be borne by the Owner thereof,, unless otherwise indicated herein, except that the cost
of maintenance, repair, or replacement for fences and/or walls which straddle boundary lines of
adjoining I.,ots shall be borne equally by such adjoining Lots as required by California Civil
Code Section 841.
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Section 2.6. Dedicated Easements. Declarant has dedicated various easements on, over,
under and across portions of the Lots to any and all public uses, as shown and described on the
recorded Maps of the Community. Such easements include the following:
2.6.1 Centralized Mailbox Easements. Easements for construction, maintenance and
use of centralized mail delivery boxes, pedestals and slabs, together with any and all
appurtenances pertaining thereto, including pedestrian access for delivery and receipt of snail, are
hereby reserved on, over, tinder and across strips of land five feet (5') in width, lying contiguous
to the public ways and drive shown on the recorded Maps.
2.6.2 Public Utility Easements. Easements for installation and maintenance of
electroliers, traffic control devices, water and gas pipes and for underground wires and conduits
for electrical, telephone and television services, together with any and all appurtenances
pertaining thereto, including pedestrian access for delivery and receipt of mail, have been
dedicated on, over, under and across those strips of land ten feet (10') in width, lying contiguous
to the public ways and drive shown on the recorded Maps and designated "Public Utility
Easement' (P.U.E).
ARTICLE 3
USE RESTRICTIONS AND OBLIGATIONS OF OWNERS
Section 3.1. Leasing of Lots. If leasing is permitted under the terms of Owner's Purchase
Agreement, the following restrictions will apply: (i) Owner will not be permitted to rent or lease
Owner's Lot for transient or hotel purposes, or for a period of less than thirty (30) days or to
lease less than the entire Lot; (ii) All rental and lease agreements must be in writing and must
provide that the terms of the lease are subject in all respects to the provisions of the Declaration;
and (iii) The lease must state that any failure by the tenant or lessee to comply with the terms of
the Declaration constitutes a default under the lease. Subject to the foregoing, Owner is
permitted to lease the separate "mother-in-law" suite contained within the home separately from
the rest of the home.
Section 3.2. Landscaping of Lots. Unless landscaping is installed by Declarant, each Owner
of a Lot shall, at the Owner's sole expense, comply with the following:
3.2.1. Install landscaping in the Owner's front and side yards that are visible from the
street within one hundred eighty (180) days from the close of escrow of the Owner's Lot; and
3.2.2 Install landscaping in the rear yard, if any portion of the Owner's rear yard is
visible from the ground level of any adjacent street, within one (1) year of the close of escrow of
the Owner's Lot.
Section 3.3. General Maintenance of Lots. Each Owner of a Lot shall cause the landscaping,
including trees, grass, hedges, shrubs vines, mass plantings, and.slope areas.on said Lot to be
maintained in a neat and attractive condition, replacing any plant material which die or are
otherwise destroyed with plant material of the same type approved by the City. No weeds,
rubbish, debris, objects or materials of any kind, plants or seeds infected with noxious insects or
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plant diseases, shall be placed, grown or permitted to accumulate on any portion of a Lot which
renders such portion of the Lot unsanitary, unsightly, offensive or detrimental to any Lot in the
vicinity thereof, or to the occupants of any such Lot.
Section 3.4. Use Restrictions. In addition to all other covenants contained herein, the use and
enjoyment of the Community and each Lot therein shall be subject to the following:
3.4.1 The residence on each Lot shall include an attached garage for not less than two
(2) and not more than four (4) automobile-size motor vehicles. No garage shall be used for
residential or storage purposes or any other purpose, which would restrict the parking of the
maximum number of automobiles or other motor vehicles for which such garage was designed.
Subject to any and all applicable City ordinances; in the event that the occupant of a Lot has a
number of vehicles which exceed the maximum capacity of the garage of such Lot, such excess
number of vehicles may be parked in the driveway or the streets, subject to compliance with the
applicable parking regulations imposed by the City.
3.4.2 No part of the Community shall ever be used or caused to be used directly, or
indirectly; for any business, commercial, including auctions or similar events, manufacturing,
mercantile, storing, vending or other such non-residential purposes, including any activity for
which the provider is compensated or receives any consideration, regardless of whether the
activity is engaged in full or part-time, generates or does not generate a profit, or requires or does
not require a license. I lowever, Declarant, its successors or assigns, may use any Lot or Lots in
the Community owned by Declarant for a model home site or sites and display and sales office
until the last Lot has closed escrow by Declarant or twenty-five (25) years following the date of
the sale of the first Lot in the Community, whichever shall first occur. The provisions of this
Section shall not preclude professional and administrative occupations, or other reasonable
business activity, which have no signs, sounds, smells or other external evidence thereof'within
the Community, for so long as such occupations are in conformance with the provisions of this
Declaration, and all applicable governmental ordinances, are consistent with the residential
character for the Community. The clientele of such activities may not visit or park automobiles
or other vehicles in the Community.
3.4.3 No sign or billboard of any kind shall be displayed by any Owner on any portion
of the Project or Lot, except one (1) sign of reasonable size, advertising that the particular Lot is
for sale or rent, or except by Declarant in connection with initial sales of the Lots, during the
sales period set forth in Section 3.4.2, hereinabove. No provision herein shall be read or
construed to prohibit the posting or displaying of noncommercial signs, posters, flags, or banners
on or in an Owner's separate Lot, as provided by California Civil Code Section 1353.5 and
1353.6.
3.4.4 No oil drilling, oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any Lot nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon
any Lot within the Community.
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3.4.5 No noxious or offensive activity shall be carried on (i) in any Lot, (ii) in any part
of the Community, (iii) or on any public street abutting or visible from the Community; nor shall
anything be done thereon which may be, or may become, an annoyance or nuisance to the
neighborhood, or which shall in any way obstruct or interfere with Owner's rights or quiet
enjoyment of each Owner's respective Lot or which shall in any way increase the rate of
insurance. All horns, whistles, bells or other sound devices, except security devices used
exclusively to protect the security of a Lot or vehicle and its contents, are also prohibited. Noisy,
unsightly, unusually painted or smoky vehicles, large power equipment and large power tools
(excluding lawn mowers and other equipment used in connection with ordinary landscape
maintenance), off-road motor vehicles or items which may unreasonably interfere with television
or radio reception to any Lot and objects which create or emit loud noises or noxious odors may
not be located, used or placed in the Community or on any public street abutting or visible from
the Community unless placed and maintained entirely within a Lot and obscured from view. No
plants or seeds infected with noxious insects or plant diseases may be brought upon, grown or
maintained within the Community.
3.4.6 Except as hereinafter provided, only authorized vehicles shall be permitted within
the Community.
3.4.6.1. The following vehicles are "Authorized Vehicles": standard
passenger vehicles, including automobiles, passenger vans designed to accommodate ten (10) or
fewer people, and motorcycles and pickup trucks having a manufacturer's rating or payload
capacity of one (1) ton or less. Authorized Vehicles may be parked in any portion of the
Community intended for the parking of motorized vehicles, however, no Owner may park a
_vehicle in a manner, which either restricts the passage of pedestrians or vehicles over garage
areas, driveways, streets or sidewalks in the Community or extends beyond the limits of the
space where the vehicle is parked. No automobile, boat or other motor vehicle repair shall be
permitted within the Community except entirely within a garage, or in a side yard obscured from
view behind a fence, within a Lot. Under no circumstances shall such vehicle repair be
permitted on any street or driveway within the Community, except in the event of an emergency.
No inoperative automobile shall be permitted to remain upon the Community unless placed and
maintained entirely within a garage and obscured from the view of the adjoining Lots and streets.
The foregoing restriction shall not be deemed to prevent washing and polishing of Authorized
Vehicles, together with those activities normally incident and necessary to such washing and
polishing. Owners shall keep their garage doors closed except when in use for ingress and
egress, cleaning or maintenance of the garage area.
3.4.6.2. The following vehicles are "Prohibited Vehicles": (a) recreational
vehicles (e.g., motorhomes, travel trailers, camper vans and boats), (b) commercial-type vehicles
(e.g., stakebed trucks, tank trucks, dump trucks, step vans, concrete trucks, and limousines), (c)
buses or vans designed to accommodate more than ten (10) people, (d) vehicles having more
than two (2) axles, (e) trailers, (t) inoperable vehicles or parts of vehicles, (g) aircraft, and (h)
any other vehicles not classified as Authorized Vehicles. Prohibited Vehicles may not be parked,
stored or kept within the Community unless placed and maintained entirely within a Lot and
obscured from view from the Community streets and other bots. Prohibited Vehicles may not be
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parked on any street in, adjacent to or visible from the Community except for brief periods for
loading, unloading, snaking deliveries or emergency repairs. 11' a vehicle qualifies as both an
Authorized Vehicle and a Prohibited Vehicle, then the vehicle is presumed to be a Prohibited
Vehicle. Subject to the restriction on Prohibited Vehicles, all vehicles owned or operated by or
in the control of an Owner or a resident on an Owner's Lot and kept in the Community must be
parked in the assigned garage of that Owner to the extent of the space available; however, each
Owner shall ensure that any such garage accommodates at least two (2) Authorized Vehicles
having four (4) or more wheels. Owner's additional Authorized Vehicles may be parked in
Owner's driveway and on streets in the Community, unless otherwise prohibited by this
Declaration or the applicable laws of the City in which the Community lies. No repair,
maintenance or restoration of any vehicle may be conducted within the Community except in an
enclosed garage when the garage door is closed. However, these activities may not be
undertaken as a business.
3.4.7 No animals, livestock or poultry of any kind shall be raised, bred or kept on any
Lot, except that an Owner may maintain a reasonable number of dogs, cats, fish, reptiles, birds or
other domesticated household pets, provided they are not kept, bred or maintained for any
commercial purpose, nor in unreasonable numbers or sizes. Notwithstanding the foregoing, no
animals, livestock, birds or poultry shall be kept within the Community, which result in any
annoyance or are obnoxious to residents of the Community. Each person is liable for any
unreasonable noise and for damage to person or property caused by any animals brought or kept
within the Community by such person. Owners keeping pets shall leash and maintain all pets
under control of such Owner and be accountable to the other Owners for the acts of such pets,
and should any Owner be unable to control barking or other unreasonable noise or acts of
Owner's pets which disturb Owner's neighbors, Owner shall be required to remove such pet
from the Community. Owners shall clean up and remove any animal waste such pet may deposit
on the property of another Owner.
3.4.8 Windows may only be covered by drapes, shades, curtains, blinds or shutters. No
Owner shall install window coverings made of tin or aluminum foil, newspapers, or other
window coverings, which esthetically detract from the Community. Window tinting shall be
non-reflective in nature and shall not adversely affect the aesthetics of the exterior of the
dwelling. Plain white sheets are acceptable as temporary window coverings for a period of time
not to exceed one hundred eighty (180) days from the close of escrow of the Owner's Lot.
3.4.9 Owners are prohibited from installing any antenna or satellite dish on the exterior
of a residence for any purpose, except for an "Authorized Antenna." Outdoor locations permitted
for Authorized Antennas shall be limited to those areas where the visibility thereof from the
streets and from other Lots is minimized. An "Authorized Antenna" is which is one that is (a)
designed to receive direct broadcast satellite service, including direct-to-home satellite service
and that is one (1) meter or less in diameter, and, (b) that is designed to receive video
programming service, including multichannel multipoint distribution service, instructional
television fixed service, and local multipoint distribution service, and that is one (1) meter or less
in diameter, or (c) an antenna that is designed to receive television broadcast signals. Antenna
towers or short-wave radio antennas extending higher than the roof are prohibited. Each Owner
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may maintain individual radio or television antennae systems il�such system is not visible fro>n
other Lots provided that such system does.not interfere with radio and television reception of
other Owners within the Community.
3.4.10 Each Owner shall be responsible for obtaining all necessary permits ' and
approvals from the City for the construction, installation, alteration or removal of building
structures, walls, fences, patio covers and other structures and improvements on such Owner's
Lot.
3.4.11 No individual water supply, sewage disposal or water softener system is permitted
in any Lot, unless such system is designed, located, constructed and equipped in accordance with
the requirements, standards, and recommendations of any water district having jurisdiction and
all other governmental authorities with jurisdiction. In no event shall any private wells be
installed within the Community for purposes of exporting water off of the Lot where such well is
located.
3.4.12 No Owner shall install any "window style" air conditioning unit in any structure
within the Community, nor shall any person install any air conditioning unit upon the roof of any
structure in the Community. Air conditioning compressors shall be located at ground level along
side or behind the structure being serviced by such unit, in compliance with all applicable City
regulations, and concealed for sound attenuation purposes and in order to obscure such unit from
the view from Community streets.
3.4.13 The roofs of all dwellings on all Lots shall have a pitch of 5:12 or greater.
Repainting of building structures, including trim, shall be limited to repainting with the same
color palette as originally used for the home in the original construction, until after the sale of the
last home in the Properties. After the end of the sales period, Owners may repaint their homes
using a substantially similar color palette as was originally used for any other home in the
Community with similar style, elevation and roof color; provided, however, that it shall not be
substantially the same color palette as the immediately adjacent homes.
3.4.14 No major appliances, including without limitation clothes washers, clothes dryers,
refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other
exterior area of any Lot, structure or improvement.
3.4.15 No exterior clotheslines or other outside clothes drying or airing facility shall be
erected or maintained-on the properties in any location where the same would be visible from
any street or neighboring Lot.
3.4.16 All trash receptacles and containers, and containers for recyclable materials shall
be stored behind fences and walls, or in the garage, and shall not be visible from the streets.
Such containers may be set out at curbside for a reasonable period of time on the day of
collection, not to exceed twelve (12) hours before and after the scheduled collection hours.
3.4.17 Each Owner of a Lot has the responsibility and duty to maintain in a first-class
condition the appearance and integrity of Owner's Lot, including, but not limited to, all
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landscaping and slope areas. All structures and improvements within the Community shall at all
times be maintained by their respective Owners in a clean, first-class and properly painted
condition.
3.4.18 Each Owner of a Lot within the Community covenants for said Owner, said
Owner's heirs, successors and assigns, that the said Owner will permit free access by Owners of
adjacent or adjoining Lots, their agents and employees, to all slope areas or drainage ways
located on Owner's Lot, which affect said adjacent or adjoining Lots, which access is essential
for the maintenance or permanent stabilization of said slopes, or maintenance of the drainage
facilities for Tots other than the Lot on which the slope or drainage way is located.
3.4.19 For the purposes hereof, "established drainage" is defined as the drainage, which
occurred at the time the overall grading of the Community, and completed by Declarant. Each
Owner of a Lot within the Community covenants for said Owner, said Owner's heirs, successors
and assigns, that the aforementioned persons will not in any way, or at any time, interfere with
the established drainage patterns or create erosion or sliding problems over said Owner's Lot
from adjoining or other Lots within .the Community, and that he will make adequate provisions
for proper drainage in the event it is necessary to change the established drainage over Owner's
Lot.
3.4.20 Each Owner of a Lot within the Community shall, in accordance with Declarant's
grading plan(s) on file with the City, maintain the structural integrity of any slopes within said
Owner's Lot, including watering and planting of the slopes. Within slope areas, no structure,
planting, or other material shall be placed or permitted to remain or other activities undertaken
which may damage or interfere with established slope ratios, create erosion or sliding problems,
or which may change the direction of flow of drainage channels or obstruct or retard the flow of
water through drainage channels. The slope areas of each Lot and all improvements thereto shall
be maintained continuously by the Owner of the Lot, except for those improvements for which a
public authority, utility company or maintenance district is responsible. Declarant shall, for a
period of two (2) years following sale and deed of any particular Lot, have the right but not the
obligation to enter upon said Lot and alter or maintain the slope areas. An easement of
reasonable access i:or said purpose is hereby reserved to Declarant, and the purchaser, by the
acceptance of a deed from Declarant, shall take title subject to such easement for said period of
two (2) years.
3.4.21 Declarant is developing the Community in accordance with a water quality
management plan ("WQM Platt") required by the California State Water Quality Control Board.
The WQM Plan imposes requirements for the design, implementation and maintenance of Best
Management Practices (`'BMPs") to eliminate and/or mitigate all non-storm water discharges
into storm drains during and atter construction of the Community. Upon the close of escrow,
Owners will be subject to the terms and conditions of the BMPs. All activities undertaken by
Owner or Owner's agents, employees, sub-contractors or representatives, with respect to
Owner's Lot must comply with the BMPs. The requirements of the BMPs include, but are not
limited to, preventing run-off of soil, sand, sediment, oil, gasoline or other hydrocarbons, paint,
fertilizers, pool chemicals, and other household chemicals into the storm drains located in the
Community. For example, Owners must place sandbags around soil and sod when installing
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landscaping in order to prevent run-off into the storm drain. Also, when fertilizing or
landscaping, Owners must take measures to prevent the over-watering of the landscaping to
ensure that fertilizer and other lawn chemicals do not run into the storm drains. The WQM Plan
also affirmatively obligates Owners to take immediate corrective action whenever there is a
violation of the BMPs as to Owner's Lot. Penalties include significant fines that may be
imposed against Owners for violation of the WQM Plan. For more specific infonnation and
literature, please contact the City.
3.4.22 To ensure proper maintenance of the Community, the Declarant shall have the
right but not the obligation for a period often (10) years from the close of escrow for the sale of
the last Lot in the Community to provide each Owner with reasonable maintenance
recommendations and/or maintenance guidelines for such Owner's Lot and any updates thereto
("Maintenance Manua/"). Each Owner shall maintain such Owner's Lot in accordance with the
Maintenance Manual. The provisions of this Section shall not be amended without the prior
written consent of Declarant.
3.4.23 Conveyance of a substantial number of the Lots is essential to the establishment
and welfare of said Community as a residential community. In order that all work necessary to
complete the Community and establish a substantially occupied residential community be
completed as rapidly as possible, no Owner shall and nothing in this Declaration shall be
understood or construed to:
3.4.24 Prevent Declarant, its contractor or subcontractors, from doing work on said
Community or any part thereof whenever it determines such work to be reasonably necessary or
advisable in connection with the completion of the Community; or
3.4.25 Prevent Declarant, or its representatives from erecting, constructing and
maintaining on any part or parts of said property owned or controlled by Declarant, its
contractors, or subcontractors, such structures, signs, displays or monuments as may be
reasonably necessary for the conduct of its business of completing said work and establishing the
Community as a residential community and disposing of the same by sale, lease, or otherwise.
ARTICLE 4
SCOPE OF ENFORCEMENT
Section 4.1. Enforcement. The limitations, restrictions, conditions and covenants set forth in
this Declaration constitute a general scheme for (i) the maintenance, protection and enhancement
of the aesthetic value of the Lots within the Community; and (ii) the benefit of all Owners. Said
limitations, restrictions, conditions and covenants are and shall be covenants running with the
land or equitable servitudes, as the case may be.
Section 4.2. Remedies. Remedies specified in this Declaration shall be deemed cumulative.
Every act or omission whereby any covenant, restriction or condition in this .Declaration is
violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated by
Declarant, by the then Owner or Owners of any Lot within the Community. The Declarant, or
any Owner shall have the right to enforce, by binding arbitration, all restrictions, conditions.
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covenants, reservations, and charges now or hereafter imposed by the provisions of this
Declaration or any amendment thereto. In the event of a dispute between any of the foregoing
parties concerning the provisions of this Declaration or any amendments thereto, the issue shall,
at the request of a party, be submitted to binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association ("AAA"). In the event of a referral to
arbitration, the party initiating the arbitration will remit the fee to initiate the arbitration. The
parties agree, however, that the costs of arbitration shall ultimately be borne and detennined by
the arbitrator. The arbitrator's decision shall be binding and conclusive on all of the parties with
respect to the resolution of the dispute and with respect to the payment of the costs of arbitration.
The failure of Declarant or any Owner to enforce any of the covenants, restrictions or conditions
contained herein shall not be deemed a waiver of the right to enforce the same thereafter or to
enforce any other covenant, restriction or condition herein.
Section 4.3. Notice of Breach. Any of the foregoing to the contrary notwithstanding, no
action to enforce this Declaration shall be instituted unless and until a written notice of such
breach setting forth the facts of such breach has been delivered by certified mail to the Owner of
such Lot.
Section 4.4. Disputes Relatinjj to Enforcement of Governinit Documents. In the event of a
dispute between an Owner and another Owner, relating to the enforcement of this Declaration,
the parties shall comply with the provisions of California Civil Code Section 1369.510, and
following, prior to filing any civil action.
ARTICLE 5
MORTGAGEE PROTECTION
Section 5.1. Mortgagee Protection. No breach of any of the covenants, conditions and
restrictions herein contained, nor the enforcement of any lien provisions herein, shall defeat or
render invalid the lien of any Mortgage on any Lot made in good faith and for value, but all of
said covenants, conditions and restrictions shall be binding upon and effective against any Owner
whose title is derived through foreclosure or trustee's sale, or otherwise.
ARTICLE 6
AMENDMENTS
Section 6.1. Amendment Vote. This Declaration may be amended only by an affirmative
vote or written consent of not less than sixty seven percent (67%) of the Owners, and further, this
amendment provision shall not be amended to allow amendments by vote of less than sixty seven
percent (67%) of the Owners. The percentage of the voting power necessary to amend a specific
provision shall not be less than the percentage of affirmative votes prescribed for action to be
taken under said provision.
Section 6.2. Effective Date of Amendment. From and after its effective date, each
amendment made pursuant to the preceding paragraph shall be as effective as to all Lots within
the Community, the Owners thereof and their successors in interest.
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Section 6.3. Declarant's Right to Amend. Prior to the close of the first escrow for the sale of
a Lot in the Community, this Declaration may be unilaterally amended by Declarant, its
successors and assigns. Notwithstanding any other provision of this Article, for so long as
Declarant owns any portion of the Properties or the Annexable Property, Declarant may
unilaterally amend this Declaration by recording an instrument in writing, signed by Declarant,
without the consent of any other Owner, provided that such amendment is made to correct a
typographical error or internal inconsistency herein, and such amendment does not adversely
affect the interests of any Owner without such Owner's written consent, or in order to conform
this Declaration to the requirements of the City of Fresno , the BRE, the United States
Department of Veterans Affairs, FHA, FNMA, GNMA, FHLMC, or any other governmental
entity.
ARTICLE 7
DISPUTE MECHANISM
Section 7.1. Dispute Resolution. Any disputes between any Owner(s), the Declarant, or any
director, officer, partner, employer, general contractor, subcontractor, material supplier;
individual product manufacturer, design professional, consultant, or agent of the Declarant
(collectively "Declarant Parties"), arising under this Declaration or relating to or arising out of
the Community, or any agreements between the Declarant Parties and an Owner (unless any such
agreement specifies another form of dispute resolution); the purchase of such Owner's Lot from
Declarant, the use or condition of the such Owner's Lot, or the design or construction of or any
condition on or affecting such Owner's Lot, including, but not limited to, construction defects,
surveys, soils conditions, grading, specifications, installation of improvements or disputes which
allege fraud, misrepresentation or breach of implied or express warranties as to the condition of
such Owner's Lot ("Disperte(s)"), shall be subject to the following provisions of this Section 7.1
and the following Sections 7.2, 7.3 and 7.4 and this Article.
Section 7.2. Construction Defect Disputes.
7.2.1 Notice of Construction Claims Statute. California Civil Code Section 895 et seq.,
as hereafter amended ("Construction Claims Statute"), delineates standards for how various
components of residential dwelling units should be constructed and function, limits the time
frames for bringing various claims against the builder to anywhere from one (1) year to ten (10)
years (as listed in the Construction Claims Statute) from the close of escrow for the residential
dwelling unit, imposes an obligation on all Owners to follow Declarant's maintenance
recommendations and schedules, or other applicable maintenance guidelines, and establishes a
non-adversarial claims resolution procedure that must be followed by an Owner before the
Owner can initiate an adversarial claim and proceed to mediation or binding arbitration, as
described in Section 7.4 below. THE CONSTRUCTION CLAIMS STATUTE AFFECTS
EACH OWNER'S LEGAL RIGHTS. OWNERS ARE ADVISED TO READ THE STATUTE
CAREFULLY AND SEEK LEGAL ADVICE IF OWNER HAS ANY QUESTIONS
REGARDING ITS AFFECT ON OWNER'S LEGAL RIGHTS. PURSUANT TO
CALIFORNIA CIVIL CODE SECTION 914. DECLARANT iS PERMITTED TO ELECT TO
USE ALTERNATE CONTRACTUAI, NON-ADVERSARIAL PROCEDURES INSTEAD OF
USING THE STATUTORY PRE-LITIGATION PROCEDURES PROVIDED IN THE
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CONSTRUCTION CLAIMS STATUTE, AND DECLARANT HAS ELECTED TO USE ITS
OWN CONTRACTUAL NON-ADVERSAR]AL PROCEDURES AS PROVIDED BELOW.
7.2.1.1. Obligation to Follow Maintenance Recommendations and
Schedules. All Owners are obligated by Section 907 of.' the California Construction Claims
Statute to follow Declarant's maintenance recommendations and schedules, including the
maintenance recommendations and schedules for manufactured products and appliances
provided with such Owner's Lot, or any improvements thereon, as well as all commonly
accepted maintenance practices (collectively, "Maintenance Recommendations"). Per Section
945.5 of the California Construction Claims Statute, failure to follow the Maintenance
Recommendations may reduce or preclude Owner's right to recover damages relating to such
Lot, which could have been prevented or mitigated had the Maintenance Recommendations been
followed.
7.2.1.2. Obligation to Retain Documents and Provide Copies to Successors. All
Owners, who originally purchased a Lot from Declarant were provided copies of certain
documents in conjunction with the purchase of their Lot, including copies of this Declaration,
maintenance recommendations from .Declarant, maintenance recommendations for manufactured
products or appliances included with the Lot, a limited warranty, claim forms, and other
documentation relating to the Construction Claims Statute. All. Owners are required by the
Construction Claims Statute to retain these documents and provide copies of such documents to
their successors in interest upon the sale or transfer of such Owner's Lot.
7.2.2 Owners' Construction Defect Claims. Prior to the commencement of any legal
proceeding by any Owner against Declarant or any Declarant Party based upon a claim for
defects in the design or construction of any Lot, Residence, or any improvements thereon, the
Owner must first comply with the provisions of this paragraph. If at any time during the ten (10)
year period following the close of escrow for the original Owner's purchase of such Owner's ]-,of
from Declarant, as such period may be extended by any applicable tolling statute or provision, or
any shorter period as provided by applicable law, such Owner believes Declarant has violated
any of the standards set forth in the Construction Claims Statute ("Claimed Defect"), which such
Owner feels may be the responsibility of Declarant, such Owner shall promptly notify
Declarant's agent for notice of construction defect claims out file with the Secretary of State,
whose name and address is: Lennar Corporation, 700 NW 107 Avenue, 4th Floor, Miami, FL
33172, attention General Counsel, in writing, with a copy to Declarant at 25 Enterprise, Aliso
Viejo, CA 92656, attention Litigation Counsel. Such notice shall be deemed a notice of intention
to commence a legal proceeding and shall include: (a) a detailed description of the Claimed
Defect, (b) the date upon which the Claimed Defect was first discovered, and (c) dates and times
when Owner or Owner's agent will be available during ordinary business hours, so that service
calls or inspections by Declarant can be scheduled. Declarant shall, in its sole discretion, be
entitled to inspect the applicable property regarding the reported Claimed Defect and, within its
sole discretion, shall be entitled to cure such Claimed Defect. Nothing contained in this Article
shall obligate Declarant to perform any such inspection or repair, nor shall this Section be
deemed to increase Declarant's legal obligations to Owner. Owner's written notice delivered to
Declarant shall be a condition precedent to Owner's right to institute any legal proceeding and to
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proceed to mediation and binding arbitration as set forth Section 7.4 below, and Owner shall not
pursue any other remedies available to it, at law or otherwise, including without limitation the
filing of any legal proceeding or action, until Declarant has had the reasonable opportunity to
inspect and cure the Claimed Defect. During the term of any written Limited Warranty provided
to the original Owner of the Lot by Declarant, any conflict between the provisions of this Section
and the Limited Warranty shall be resolved in favor of the Limited Warranty. Declarant shall
not be liable for any general, special or consequential damage, cost, diminution in value or other
loss which Owner may suffer as a result of any Claimed Defect in the Lot, which reasonably
might have been avoided had Owner given Declarant the notice and opportunity to cure as
described above within a reasonable time of discovering the Claimed Defect. Except as
otherwise provided in the written Limited Warranty; if any, provided to Owner, nothing
contained herein shall establish any contractual duty or obligation on the part of Declarant to
repair, replace or cure any Claimed Defect. If an Owner sells or otherwise transfers ownership
of such Owner's Lot to any other person during such ten (10) year period, as such period may be
extended by any applicable tolling statute or provision, Owner covenants and agrees to give such
other person written notice of these procedures by personal delivery. Owner's continuing
obligation tinder this covenant shall be binding upon Owner and Owner's successors and assigns.
Section 7.3. Other Disputes. Any disputes involving matters other than a claimed violation
of the Construction Claim Statute arising under this Declaration, or otherwise, between any
Owner and Declarant or any Declarant Party shall be resolved in accordance with the alternate
dispute resolution provisions of Section 7.4 below. Any person with a claim involving such other
matters shall first notify each applicable Declarant Party in writing of such claim, which writing
shall describe the nature of such claim and any proposed remedy ("C/aim Notice"). Within a
reasonable period after receipt of the Claim Notice, which period shall not exceed sixty (60)
days, Declarant (and any applicable Declarant Parties) and the person(s) making the claim
("Claitnant(s)") shall meet at a mutually acceptable place within or near the Community to
discuss the Dispute claim. At such meeting or at such other mutually agreeable time, the
Declarant (and any applicable Declarant Parties) and their respective representatives shall
negotiate in good faith in an attempt to resolve the claim. Owner's written Claim Notice is a
condition precedent to Owncr's right to institute a legal proceeding and proceed to mediation and
binding arbitration as set forth in Section 7.4 below.
Section 7.4. Alternate Dispute Resolution Procedures. The following procedures provide
for resolution of disputes through mediation and binding arbitration. In either event, Declarant
and each Owner of a Lot within the Community, expressly acknowledge and accept that, by
invoking or electing to participate in the procedure, they are waiving their respective rights to a
jury trial.
7.4.1 Mediation and Arbitration. Subject to compliance with the provisions of Sections
7.1 through 7.1, to the extent applicable, it is the intention of Declarant that, except as otherwise
expressly provided herein, any and all disputes shall be resolved by mediation, and, if necessary,
binding arbitration as provided herein. Accordingly, except as otherwise expressly provided in
this Declaration, any dispute, between any Owner(s) and the Declarant, or other developer of the
Community, or between any Owners with respect to the interpretation of any of the provisions of
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this Declaration, or with respect to any alleged breach hereof; or with respect to any other claim
related to a Lot, including, without limitation, any alleged latent or patent construction or design
defect in the Community, any Lot or any part thereof, any alleged violation of the standards set
forth in the Construction Claims Statute, shall first be submitted to mediation and, if not settled
during mediation, shall thereafter be submitted to binding arbitration as provided by the Federal
Arbitration Act (9 U.S.C. §§1 et seq.) and not by or in a court of law or equity. Any Dispute
(whether contract, warranty, tort, statutory or otherwise) not settled during mediation shall be
submitted to binding arbitration within a reasonable time after such dispute has arisen. Nothing
herein shall extend the time period by which a claim or cause of action may be asserted under the
applicable statute of limitations or statute of repose, and in no event shall the Dispute be
submitted for arbitration after the date when institution of a legal or equitable proceeding based
on the underlying claims in such dispute would be barred by the applicable statute of limitations
or statute of repose. Notwithstanding any other provision of this Declaration, this Article shall
not be amended without the written consent of Declarant.
7.4.2 Any and all mediations commenced under this Section shall be filed with and
administered by the American Arbitration Association ("AAA") or any successor thereto in
accordance with AAA's Home Construction Mediation Procedures in effect on the date of the
request. If there are no Home Construction Mediation Procedures currently in effect, then the
AAA's Construction Industry Mediation Rules in effect on the date of such request shall be
utilized. Any party who will be relying upon an expert report or repair estimate at the mediation
shall provide the mediator and the other parties with a copy of the reports. If one or more issues
directly or indirectly relate to alleged deficiencies in design, materials or construction, all parties
and their experts shall be allowed to inspect, document (by photograph, videotape or otherwise)
and test the alleged deficiencies prior to mediation. Unless mutually waived in writing by the
parties, submission to mediation is a condition precedent to either party taking further action
with regard to any matter covered hereunder.
7.4.3 If the Dispute is not filly resolved by mediation, the Dispute shall be submitted to
binding arbitration and administered by the AAA in accordance with the AAA's Home
Construction Arbitration Rules in effect on the date of the request. If there are no Home
Construction Arbitration Rules currently in effect, then the AAA's Construction Industry
Arbitration Rules in effect on the date of such request shall be utilized. Any judgment upon the
award rendered by the arbitrator may be entered in and enforced by any California State Court
having jurisdiction over such Dispute. If the claimed amount exceeds $250,000 or includes a
demand for punitive damages, the Dispute shall be heard and determined by three arbitrators;
however if mutually agreed to by the parties, then the Dispute shall be heard and determined by
one arbitrator. Arbitrators shall have expertise in the area(s) of dispute, which may include legal
expertise if legal issues are involved. All decisions respecting the arbitrability of any Dispute
shall be decided by the arbitrator(s). At the request of any party, the award of the arbitrator(s)
shall be accompanied by detailed written findings of fact and conclusions of law. Arbitrators
must base all awards in conformity with applicable rules of law. Except as may be required by
law or for confirmation of an award, neither a party nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder without the prior written consent of all the parties.
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7.4.4 The waiver or invalidity of any portion of this paragraph 14.5 shall not affect the
validity or enforcement of the remaining portions of this paragraph 14.5. Any Dispute involving
any Declarant Parties shall also be subject to mediation and arbitration as set forth herein, and
shall not be pursued in a court of law or equity, and may, at the Declarant Party's sole election,
include its contractors, subcontractors and suppliers, as well as any warranty company and
insurer as parties to the mediation and arbitration, and be limited to the parties specified herein.
7.4.5 To the fullest extent permitted by applicable law, no finding or stipulation of fact,
no conclusion of law and no arbitration award in any other arbitration, judicial or similar
proceeding shall be given preclusive collateral estoppel effect in any arbitration hereunder unless
there is a mutuality of parties. In addition, no finding or stipulation of fact, no conclusion of law,
and no arbitration award in any arbitration hereunder shall be given preclusive or collateral
estoppel effect in any other arbitration, judicial, or similar proceeding unless there is a mutuality
of parties.
7.4.6 Unless otherwise recoverable by law or statute, each party shall bear its own costs
and expenses, including attorneys' fees and paraprofessional fees, for any mediation and
arbitration. Notwithstanding the foregoing, if a party unsuccessfully contests the validity or
scope of arbitration in a Court of law or equity, the noncontesting party shall be awarded
reasonable attorneys' fees, paraprofessional fees and expenses incurred in defending such
contest, including such fees and costs associated with any appellate proceedings. In addition, if a
party fails to abide by the terms of a mediation settlement or arbitration award, the other party
shall be awarded reasonable attorneys' fees, paraprofessional fees and expenses incurred in
enforcing such settlement or award.
7.4.7 Additional information concerning the Rules of the AAA are available at its
website WWW.ADR.ORG or from the AAA at 335 Madison Avenue, New York, New York
10017.
7.4.8 Notwithstanding the requirements of arbitration stated in this Section, the person
initiating mediation shall have the option, after pursuing mediation as provided herein, to seek
relief in a Small Claims Court for Disputes or claims within the scope of the Court's jurisdiction
in lieu of proceeding to arbitration. This decision does not apply to any appeal from a decision
by a small claims court.
7.4.9 In any mediation involving a Declarant Party, the Declarant Party shall pay for
one (1) day of mediation (mediator fees plus any administrative fees relating to the mediation).
Any mediator and associated administrative fees incurred thereafter shall be shared equally by
the parties.
7.4.10 The fees for any claim pursued via arbitration in an amount of Ten Thousand
Dollars ($10,000.00) or less shall be apportioned as provided in the Home Construction
Arbitration Rules of the AAA or other applicable rules.
7.4.11 Notwithstanding the foregoing, if either party seeks injunctive relief, and not
monetary damages, from a Court because irreparable damage or harm would otherwise be
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suffered by either party before mediation or arbitration could be conducted, such actions shall
not be interpreted to indicate that either party has waived the right to mediate or arbitrate. The
right to mediate or arbitrate should also not be considered waived by the filing of a counterclaim
by either party once a claim for injunctive relief has been filed with a Court.
7.4.12 The parties may bring claims against the other party only on an individual basis
and not as a member in any purported class or representative action or collective proceeding. The
arbitrator(s) may not consolidate or join claims regarding more than one property and may not
otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the
arbitrator(s) may award relief (including monetary, injunctive, and declaratory relief) only in
favor of the individual party seeking relief and only to the extent necessary to provide relief
necessitated by that party's individual claim(s). Any relief awarded cannot be awarded on class-
wide or mass-party basis or otherwise affect parties who are not a party to the arbitration.
Nothing in the foregoing prevents a Declarant Party from exercising its right to include in the
mediation and arbitration any other Declarant Party.
7.4.13 Notwithstanding any other provision of this Section 14.5; as authorized by the
California Arbitration Act and Cable Connection, Inc. V. Directv, Inc. (2008) 44 CalAth 1334,
the arbitrator(s) shall not have the power to commit errors of law or legal reasoning, and the
award may be vacated or corrected on appeal to a California Court of competent jurisdiction for
any such error.
Section 7.5. Use of Damage Award Amounts. Any and all amounts awarded to a claimant
on account of a claimed construction or design defect in the Community, or damage suffered as a
result thereof, shall be expended by such claimant for the attorney fees and costs of the
proceeding and the repair, rehabilitation, or remediation of the claimed defect or damage.
Section 7.6. Miscellaneous. Nothing in the Article shall constitute a waiver of any of the
benefits of statute of limitations or equitable defense of any party. Furthermore, notwithstanding
any other provision of this Declaration, this Article may not be amended without the prior
written consent of the Declarant.
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ARTICLE 8
GENERAL PROVISIONS
Section 8.1. Term and Extension of Declaration. The provisions of this Declaration shall
run with the land and bind the Community, and shall inure to the benefit of and shall be
enforceable by the Owner of any Lot subject to this Declaration, their respective legal
representatives, heirs, successors and assigns, for a term of forty (40) years from the date this
Declaration is recorded, after which time the provisions of this Declaration shall be automatically
extended for Successive periods of ten (10) years, unless an instrument, signed by at least sixty-
seven percent (67%) of the then Owners of Lots in the Community, has been recorded within six
(6) months of the anticipated termination date. The contents of such instrument shall contain the
agreement to terminate this Declaration as it may be supplemented in whole or in part.
Section 8.2. Severability. In the event any limitation, restriction, condition, covenant or
provision contained in this Declaration is to be held invalid, void or unenforceable by any court
of competent jurisdiction, the remaining portions of this Declaration shall, nevertheless, be and
remain in full force and effect.
Section 8.3. Liberal Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the development of the
residential Community.
Section 8.4. Attornevs' Fees. In the event the Declarant or any Owner(s) should commence
any legal or equitable proceeding, including judicial reference or binding arbitration, to enforce
any of the provisions of this Declaration, the prevailing party, shall be entitled to have judgment
against and recover from any defendant in such proceeding such attorney's fees (other than
nominal) and costs as the court, judicial referee, arbitration panel or arbitrator may adjudge
reasonable and proper.
Section 8:5. Termination of Declarant's Obligations. In the event Declarant shall convey all
of its rights, title and interests in and to the Community to any partnership, individual or
individuals, corporation or corporations, then and in such event, Declarant shall be relieved of
the performance of any further duty or obligation hereunder, and such partnership, individual or
individuals. corporation or corporations, shall be obligated to perform all such duties and
obligations of the Declarant.
Section 8.6. Number, Gender. The singular shall include the plural and the plural the
singular unless the context requires to the contrary, and the masculine, feminine and neuter shall
each include the masculine, feminine or neuter, as the context requires.
Section 8.7. Non-Liability of Declarant. Each Owner, by acceptance of a deed, shall be
deemed to have agreed that Declarant shall have no liability whatsoever resulting from any tern
or provision thereof having been held to be unenforceable in whole or in part.
Section 8.8. Grantees Subject to this Declaration. Each grantee of a conveyance or
purchaser under a contract or agreement of sale, by accepting the deed or contract of sale or
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agreement of purchase, accepts the same subject to all of the limitations, restrictions, conditions
and covenants, and agreements set forth in this Declaration, and agrees to be bound by the same.
IN WITNESS WHEREOF, the undersigned, have hereunto executed this Declaration on
this__I _day of August, 2017.
"DECLARANT"
LENNAR HOMES OF CALIFORNIA, INC.,
A CALIFORNI CO ORATIO
JN
By:
iit er, Vice President
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 )SS
COUNTY OF
On ,USS ao/ belo e me,G; ,e s:��a�S , Notary
Public, personally appeared G ,
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.
CHRISTINE COLLINS
WITNESS my hand and official seal. Commission #2131344
z .gym Notary Public-California D
Signatur Z Fresno County
My Comm. Expires Nov 7,2019'
This area for official notarial seal
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'I
EXHIBIT "A"
THE PROPERTIES
Real property in the City of Fresno, County of Fresno, State of California, described as:
Lots 1 through 181, of Tract No. 6131, according to the map thereof recorded in Volume
— rte of Plats, at pages $fhru Ig , Fresno County Records.
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6\1.1=NNAR\6131\C'CXIZs
MPS Powell Slater 07212017