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Home My WebLink AboutDNA Residential Properties, LLC-2010-24/2010-0331315 a Recorded In olllelal Records,Counts of San Bernardino 811312o1a LARRY WALKER 3:45 PM Auditor/Controller - Recorder EM H Regular Mail When Recorded Return To: Doc#: 2010-0331315 Titles: 1 Pages: 7 Ms. Brenda Mesa, City Clerk )) i 111111 I I I 111111111111111111111111 oTaxes ther geCitof Grand Terrace 22795 Barton Road PAID 3 Grand Terrace, California 92313-5295 (909)430-2290 LANDSCAPING MAINTENANCE AGREEMENT AND COVENANT This LANDSCAPING MAINTENANCE AGREEMENT AND COVENANT ("Agreement"), dated 06-22 , 2010 (the "Effective Date"), is entered by and between the CITY OF GRAND TERRACE, a public body corporate and politic (the "City"), the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF GRAND TERRACE (the "Agency") and DNA RESIDENTIAL PROPERTIES, LLC, a California limited liability company("DNA Properties"). RECITALS A. The City and Agency agree to install landscaping improvements within the City right-of-way adjacent to 21845 Grand Terrace Road, Grand Terrace, California, to improve the physical appearance of the area and alleviate blighting conditions. B. DNA Properties owns the Grand Terrace Mobile Home Park at 21845 Grand Terrace Road, Grand Terrace, California and desires to maintain the City right-of-way landscaping improvements adjacent to 21845 Grand Terrace Road (the"Property"). C. In light of the shared goals to improve the area, the parties will cooperate to install irrigation and landscaping within the right-of-way area as depicted in Exhibit "A", and irrigate and maintain the landscaping in good condition as long as the Mobile Home Park and adjacent right-of-way exist in its current placement as shown on Exhibit"A". TERMS Section 1. Term of Agreement. This Agreement shall commence on the Effective Date and shall not expire. The Agreement shall be a covenant running with the Property and shall be binding upon all successors and assigns to the ownership of the Property. Section 2. City Responsibility. City / Agency shall install the irrigation and landscaping improvements in accordance with the approved plans and specifications. DCCU::rrr _.' *Ft,'I)-9I IO -l? • Throughout the term of this Agreement, the City shall replace any landscaping materials that are not longer viable and determined by the parties to negatively affect the area. Section 3. DNA Properties Responsibility. DNA Properties shall allow the City / Agency and its contractors to connect the landscaping irrigation system to water service at 21845 Grand Terrace Road and agrees to pay for the water service to irrigate the landscaping throughout the term of the Agreement. DNA Properties shall also provide weekly maintenance, including minor repairs, of the project site area shown on Exhibit "A" at its expense. DNA Properties shall be responsible for providing and ensuring any contractor provides Workers' Compensation Insurance for all persons conducting work under Section 3. Section 4. Teiuination of the Agreement. Notwithstanding the provisions of Section 1 above, the Agreement shall automatically terminate upon demolition of the improvements for an approved project. The City may terminate the Agreement at any time by giving DNA Properties 60 day's written notice. DNA Properties shall not have a right to terminate this Agreement without approval by the City as long as the City performs its obligation under Section,2,hereof. Section 5. Notices. Unless otherwise specified in this Agreement, it shall be sufficient service or giving of any notice or other communication if by(i) first-class mail and (ii) registered and certified mail, postage prepaid, return receipt requested, or (if not sent by registered mail) by private courier service which provides evidence of delivery. Unless a different address is given by any party as provided in this Section, all such communications will be addressed as follows: To Agency: City of Grand Terrace Attention: City Clerk 22795 Grand Terrace Road Grand Terrace, California 92313 To DNA Properties: Section 6. Attorneys' Fees. In the event of any legal action hereunder, the prevailing party shall be entitled to recover, and the other party agrees to pay, reasonable attorneys' fees, expenses and the costs as the court may determine. Section 7. Entire Agreement. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered hereby, and all negotiations and agreements, statements or promises between the parties hereto or their agents. No prior agreements or understandings not contained herein shall be binding or valid against either of the Parties hereto. Section 9. Modification. Any amendments or modifications to this Agreement must be in writing and executed by all the parties to this Agreement. Minor modifications may be approved by the City Manager. Section 10. Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. Section 11. Authority to Execute. Each individual executing this Agreement on behalf of a company, partnership or corporation represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such company, partnership or corporation in accordance with the authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its governing board, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms. Section 12. Exhibits. Exhibits attached hereto are hereby incorporated herein by this reference. IN WITNESS WHEREOF, the City / Agency and DNA Properties have signed this Agreement as of the date set opposite their signatures. "DNA PROPERTIES" DNA Residential Properties, LLC, a California limited li ty corn any Dated: [s 2 (-1 - I l By: - Jo i e: .. �r��,.�jt ,c\\ CITY OF GRAND TERRACE Dated: 6'-9: —/O BY:2,24EZ r. S —9Z-FlU [Effective Date] Mayo COMMUNITY REDEVELOPMENT AGENCY Dated: (a - OF THE CITY OF GRAND TERRACE [Effective Date] BY: %22/'i>Ly.[ ChaimBfson 3 ATTEST: City Clerk APPROVED A S TO FORM: City Attorney/Agen y�C ounsel 4 EXHIBIT"A" PROJECT SITE AREA rig 3 a_. K• : .- p. �']b✓ f r 1 i *sit • , r _ f 'dal+ :.. a k• • a v ► xea- { Nor 1. g ^l '# , , Kuip0,..1 T� Lei",. i �tk, F Fts,:T E t$ . C1 t . . .. Cty�, r-v i .++ r , U - < 47. a Sr i. ...., , ....... .., 1, _ } `'. ,:„ . .-.,.. . . , ,-, ,. 1 ...__._ ,..i:p1 . 1.1.c. :,...,:, „:, .. ie...„ 24,i,4 :. ...., c. , 3:::, ;,.,, .....:..."1.:ei, i„:::::f._ .. r.: 7:..,-;.i. vto Sko .. 7 s' r .ilt • . ... -— t s x r r i. N „ rd :, I > 2. j1`V A Erg -•-• fi 13 a r too n R;o a . ,.M.~' .t w y CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SSXS.Y 44:5'FLr4�^^X�4"5".6`r�6S9SS4G'6�MrS.c['MN'4'r'4`r'1�NT�QS.'tbf4:.r"4�^4tS;4�C'Gl6YS�^,�'LLY State of California County of .LI 1 LV j On SU,Rk. Z 9 tu before me, (}Vtnw '� 11,0 (� rif ;0. .�IC- oa�e Here Inf.ert Name and TlOept the Officer , personally appeared e Q-Ctal aC(1 a11cn Quo Namer ,Si lei who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi-,H it-I/Mei, authorized capacity(iee), and that by his/hedtheir signature(s) on the yam-ix.", MARIA R.NUNN instrument the person(s), or the entity upon behalf of Comralssion 0 18581170 which the persons) acted, executed the instrument. 1' h I? Notary Public-California I Tl., Los Angeles County 3 M Comm.Ex ire:Au 21,2m3 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. /WITNESS!my h an official seal. 1 Puce NotarySaar Adore Signature LWJ Signature of Notary Public OPTIONAL A- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lbi1 likftIA M ut (Uiiili'llvA 04., 1-� ,Irl,,l i (J+Y,_I. LW)t7Lrr ( Document Date: j t AUC 91 `I 9 D Number of Pages: 1 (Li v LA-0 Signer(s) Other Than Named Above: [4.1 1 Capacity(ies) Claimed by Sig CU gner(s) Signer's Name: C�`,G,YJ �l Cam.( 31 Signer's Name: • Individual v E Individual • Corporate Officer—Title(s): :I Corporate Officer—Title(s): • Partner—L Limited L General RIGHT THUMBPRINT E Partner—_ Limited ❑ General RIGHTTHNMRPRINT Cl Attorney in Fact OF SIGNER '_Attorney in Fact OF SIGNER Trustee Top a,thump here _Trustee Top at Thumb Mere Guardian or Conservator r. Guardian or Conservator Other. J Other'. 1 Signer Is Representing:_ j Signer Is Representing: l__ __J -_ _ . ! 2007 Na onal NotaryAssoaaon•to350 De Soto Ave Pa Box Chatsworth.CA 1112402•eves Naro M ry ors Itema57 Reorder Co TA-Free 800a16e821