HomeMy WebLinkAboutARMSTRONG RANCH LLC 1RECORDING REQUESTED BY:
N-2003-048
WHEN RECORDED, MAIL TO:
GRANT OF EASEMENT AND
AGREEMENT FOR MAINTENANCE OF LANDSCAPING
WITHIN PUBLIC RIGHT OF WAY AND PUBLIC ACCESS OVER SIDEWALKS
WITHIN DESIGNATED PORTIONS OF DECLARANT'S PROPERTY
THIS GRANT OF EASEMENT AND AGREEMENT FOR MAINTENANCE
OF LANDSCAPING WITHIN PUBLIC RIGHT OF WAY AND PUBLIC ACCESS OVER
SIDEWALKS WITHIN DESIGNATED PORTIONS OF DECLARANT'S PROPERTY
("Agreement"), is made by and between the CITY OF SANTA ANA ("City") and
ARMSTRONG RANCH LLC, a Delaware limited liability company ("Declarant"). City and
Declarant are collectively referred to herein as the "Parties."
RECITALS:
A. Declarant is the owner of that certain mai property ("Declarant's Property")
located in the City of Santa Ana, County of Orange, State of California, described as follows:
Tract No. 16311, as shown on a Subdivision Map, Recorded on
,200 , in Book __, Pages to
__., inclusive, of Miscellaneous Maps, in the Office of the
Orange County Recorder.
B. As a condition to the development of Declarant's Property by Declarant, the City
desires that Declarant install certain landscaping, sidewalks and other associated improvements
("Landscape Improvements") on the portions of City's property shown on Exhibit B attached
hereto ("Landscape Easement Area").
C. The Declarant and the City desire to provide for maintenance of the Landscape
Improvements by the Decla~rant.
D. The Declarant and the City further desire to establish and create certain non-
exclusive easements for access, ingress and egress in favor of the City to provide public access
over the sidewalks located within the portion of Declarant's Property shown on Exhibit A
("Access Easement Area").
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NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the Parties agree, for themselves and their
respective successors and assigns as follows:
I. Incorporation of Recitals. The foregoing Recitals are incorporated into this
Agreement as if fully restated herein.
2. Grant of Easement. Declarant hereby grants, for the benefit of the City and the
general public, nonexclusive easements for access, ingress and egress over the sidewalks located
in the Access Easement Area.
3. Installation and Approval of the Landscape Improvements. Declarant and the
City hereby acknowledge and agree that the Landscape Improvements have been or will be
designed, installed and/or constructed by Declarant pursuant to, and in accordance with, the
City's requirements. The City hereby acknowledges its approval of the Declarant's design,
installation and/or construction of the Landscape Improvements.
4. Maintenance and Irrigation of Landscape Improvements; City Standards.
4.1. Maintenance of Landscape Improvements. Declarant hereby covenants
and agrees to maintain and irrigate, or cause to be maintained and irrigated, the Landscape
Improvements in a good, orderly, and healthy condition. Declarant's maintenance of the
Landscape Improvements, whether performed by Declarant or by a contractor, shall be in
substantial compliance with the City Standards, as defined herein.
4.2. City Standards. As used herein, the term "City Standards" shall refer to
the following guidelines:
4.2.1. Landscape maintenance shall include, without limitation,
watering/irrigation, fertilization, mowing, edging, trimming of grass, tree and sbxub pruning,
trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road
conditions and visibility and optimum irrigation coverage, replacement, as needed, of all dead
plant materials, control of weeds in all planters, shrubs, lawns, ground covers, or other planted
areas, and double staking for support of trees;
4.2.2. Clean-up maintenance shall include, without limitation,
maintenance of all sidewalks and any other paved areas within the Landscape Easement Area in
clean and weed-free condition, maintenance of all such areas clear of dirt, mud, trash, debris, or
other matter which is unsafe or unsightly, removal of all trash, litter and other debris from
improvements and landscaping prior to mowing, and the proper disposal of all cuttings, weeds,
leaves and other debris;
4.2.3. All fertilizers, pesticides, and other chemicals shall be applied in
accordance with all applicable laws, ordinances and regulations pertaining to the use and
application of such substances; and
4.2.4. The irrigation system components which are within the Landscape
Easement Area shal_l be maintained in a good operating condition.
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5. Cost of Maintenance of the Landscape Improvements. Declarant shall maintain
the Landscape Improvements at its sole cost and expense, except as provided herein. Declarant
provides for the maintenance of the Landscape Easement Area by the Association (as herein
defined) as a Common Expense pursuant to the Declaration of Covenants, Conditions,
Restrictions and Reservation of Easements for Armstrong Ranch (the "Declaration"), recorded
on ., 2003, as Instrument No. ., in the Official
Records of Orange County, California.
6. Effect of Agreement on Common Area. The Parties acknowledge and agree that
Declarant also provides for maintenance of certain landscaped areas within Declarant's Property
which are designated as Common Area in the Declaration. Nothing set forth in this Agreement
shall establish standards for the maintenance of the Common Area (except to the extent that the
Landscape Easement Area is located within and designated as a part of the Common Area) or
shall modify or impair the Declaration with respect to the maintenance and control of the
Common Area in accordance with the requirements of the Declaration.
. 7. City's Maintenance Obligations. Nothing set forth in this Agreement shall
reduce, or otherwise affect, the City's obligation under applicable law to maintain all public
streets in the condition required by such law.
8. Declarant's Failure to Maintain the Landscape Improvements.
8.1. Notice Requirement. In the event that Declarant fails to maintain the
Landscape Improvements in accordance with the City Standards, as provided herein, City shall
have the right to provide such maintenance, through its own personnel or through an appropriate
contractor, following written notice to Declarant. In the event the City determines that the
condition of the Landscape Improvements does not comply with the City Standards, City shall
notify Declarant of such in writing, which notice shall specify in reasonable detail the asserted
deficiencies and the actions required to correct such deficiencies. Declarant shall have thirty
(30) days (or in the case of an urgent matter involving public safety, two (2) hours) following its
receipt of such notice to correct such deficiencies to the reasonable satisfaction of the City or, if
such deficiencies are of such a nature that they cannot be corrected within thirty (30) days (or
two (2) hours, as the case may be), Declarant shall commence the correction thereof within said
thirty (30)-day (or two (2) hour) period and thereafter diligently pursue such correction to
completion.
8.2. Performance by City. In the event that Declarant fails to correct any
maintenance deficiency after receipt of written notice and within the applicable period, the City
shall have the right to per~'orm the maintenance or repair necessary to correct such deficiency.
Declarant shall reimburse the City the reasonable cost of such maintenance and/or repair within
thirty (30) days after Declarant's receipt of a written invoice accompanied by reasonable backup
information.
8.3. Claim of Lien. In the event that City's invoice for the reasonable costs of
con:ection of any maintenance deficiency is not paid within thirty-five (35) days, the City, in
addition to any other remedy at law or in equity, shall have a lien upon the Landscape Easement
Area for the amount of such invoice, which lien shall be perfected by the recordation of a Notice
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of Claim of Lien against the Landscape Easement Area. A duly recorded and valid Claim of
Lien shall constitute a lien upon the fee estate of the Landscape Easement Area; provided,
however, that such lien shall at all times be subject and subordinate to, and shall not invalidate or
impair in any manner the priority or validity of, (i) all taxes, bonds, assessments, and other levies
against the Landscape Easement Area, (ii) the lien or charge of any mortgage, deed of trust, or
other security interest then of record, (iii) any lease or sublease of all or any portion of the
Landscape Easement Area, whether or not of record and whether entered into before or after the
date of recordation of the Claim of Lien, (iv) the Declaration, and (v) any easement, public or
private, affecting all or any portion of the Landscape Easement Area. Except as set forth herein,
the priority of any such Claim of Lien shall date from the date of valid recordation thereof.
8.4. Mortgagee Protection. Upon foreclosure of any mortgage or deed of trust,
by judicial foreclosure or power of sale, or upon transfer of a Landscape Easement Area by deed
in lieu of foreclosure, the transferee shall take title to the Landscape Easement Area free and
clear of any such lien and shall have no obligation to reimburse the City for any amount due to
the City in regard to such lien. Notwithstanding the extinguishment of any such lien pursuant to
this Section, the amount due to the City in regard to such lien shall continue to be an unsecured
personal obligation of the owner of the Landscape Easement Area at the time of recordation of
the Claim of Lien, but not an obligation, secured or unsecured, of the transferee.
9. Estoppel Certificates. Upon the written request of Declarant, or any owner or
mortgagee of all or any portion of Declarant's Property, the City shall provide a written
statement certifying stating (i) that there are no uncured defaults hereunder by Declarant, or any
act or event which, with the giving of notice and/or the passage of time, would constitute a
default hereunder, (ii) that there are no unsatisfied Claims of Lien affecting all or any portion of
the Landscape Easement Area, and (iii) that this Agreement remains in full force and effect
without modification. If the City is unable to so certify as to any such matter(s), its written
statement shall set forth in reasonable detail the position of the City with respect to any such
matter(s). In the event that the City fails to provide such written statement within twenty (20)
days following its receipt of a written request therefor, the City shall be conclusively deemed to
have provided such written statement in the form requested by Declarant or such owner.
10. Assumption of Obligations; Release. The Declarant to this Agreement is
Armstrong Ranch LLC ("Armstrong"). Armstrong intends to convey, among other property,
the Landscape Easement Area to the Armstrong Ranch Community Association ("Association").
Upon such conveyance, the Association shall automatically succeed to the rights and obligations
of the Declarant under this Agreement and Declarant shall be automatically released from any
and all obligations as to the Landscape Easement Area that accrue under this Agreement from
and after the close of escrow for the conveyance of the Landscape Easement Area.
lt. Insurance. So long as Declarant is performing the maintenance obligations
hereunder, Declarant shall arrange for and maintain in effect a policy or policies of insurance
providing for (i) workers' compensation insurance in form and in such amounts as comply with
applicable state law, and (ii) commercial general liability insurance with a combined single limit
of not less than one million dollars ($1,000,000). Such policy or policies shall include an
endorsement naming the City as an additional insured thereunder. In the event that Declarant
elects to perform the maintenance obligation hereunder through the services of one or more
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contractors, Declarant shall require such contractor(s) to arrange for and maintain the same
insurance coverage, also naming the City as an additional insured.
12. Agreement Bindin~ on Successors in Interest. This Agreement is an instrument
affecting the title or possession of the real property described above. All terms, covenants, and
conditions herein imposed shall be binding upon and inure to the benefit of the successors in
interest of Declarant.
13. Miscellaneous.
13.1. Duration of Agreement. This Agreement is hereby declared to be
perpetual, shall run with the land, and shall remain in full force and effect at all times.
13.2. Amendment or Termination. This Agreement may be amended, modified,
or terminated in whole or in part only by written consent of Declarant and the City. No such
amendment, modification, or termination of this Agreement shall be effective as to the holder of
any then existing mortgage or deed of trust affecting the Property unless such mortgagee or
beneficiary consents thereto in writing. Any amendment, modification, or termination of this
Agreement shall become effective only upon recording the same in the Official Records of
Orange County, California.
13.3. Severability. In any provision of this Agreement, or the application of any
such provision, shall be held by a court of competent jurisdiction to be invalid, void or
unenfomeable to any extent, the remaining provisions of this Agreement and the application
thereof shall remain in full rome and effect and shall not be affected, impaired or invalidated.
13.4. Law. This Agreement shall be construed and enfomed in accordance with
the laws of the State of Califoruia.
13.5. Headings. Section headings have been inserted solely as a matter of
convenience and are not intended to define or limit the scope of any of the provisions contained
herein.
13.6. Waiver. No waiver of any default or breach hereunder shall be implied
from any omission to take action on account thereof, notwithstanding any custom and practice or
course of dealing. No waiver by any party of any provision under this Agreement shall be
effective unless in writing and signed by such party. No waiver shall be operative only for the
time and to the extent therein stated. A waiver of any breach or default hereunder shall not be
construed as a waiver of any subsequent breach or default of the same or any other provision
hereof.
13.7. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an or/ginal hereof.
[SIGNATURES ON FOLLOWING PAGES]
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[SIGNATURE PA GE TO AGREEMENT]
This Agreement is dated for identification purposes /~lOC{l tq ,2003.
ARMSTRONG RANCH LLC, a Delaware limited
liability company
By:
Shea Homes Limited Partnership,
a California limited partnership
Managing Member
By: ,~-'~ C - "~~
Print Name: ~o~a.l,d ~. N~l~le.,r
Title: .,-~~.* c .... , .....
Title: ASSISTANT SECRETARY
"Declarant"
STATE OF CALIFORNIA )
) SS.
On _~_l~_~,_2003, b.efore me, ~t~tl~'{~ '"~1~1.~ ~d , personally
~hn ~ V~[~ personally
~own to me (~ pre,,e~ tv m~r th~ ba~i~ &at~ff.o*o~ e,.,!d~c") to be the persons whose
nines ~e subscribed to the within instrument ~d ac~owledged to me that they executed the
same in their authorized capacities, ~d that by their si~atures on ~e inst~ent the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
WIT~SS mY hand ~ ~icial seal' ~~~2 '
~ ~m~n ~ l~ [ ~ot~ Public in ~d for said State
1~ ~n~ISI~ATUREONFOLLOWINGPAGE]
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[ADDITIONAL SIGNATURE PA GE TO AGREEMENT]
CITY OF SANTA ANA,
a municipal corporation
David N. Ream
Its: City Manager
Clerk of the Council
City Manager
AppTed as t° ~P~
C;/mey '5 t/;'
STATE OF CALIFORNIA
COUNTY OF ORANGE
SS.
On o~a.,. ,¢.,oo3 , 2003, before me,
appeared ~ ,t~. ~_.f. ~q, ~
, personally
._, and
personally
known to me ¢wprc''o~. w *^.v ~...~ ~ cn ,t.^,.~ '-~.o~o~-:- of ~idence) to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons, or
the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
.~ Comm,[ 1267296 t;.,
~ ~A~ NOTARY PUBUC-CAU¢ORNIA ~
Notdr3 Public in~d for said State
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EXHIBIT A
ACCESS EASEMENTS AREA
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EXHIBIT A - ~
L
LEGENO
0 170
APPROXIMATE LOCATION
OF PUBLIC ACC[~SS TO PRIVATE PROPERTY
EXHIBIT B
LANDSCAPE EASEMENT AREA
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LEGEND
SCALE
APPROXIMATE LOCATION
HOA MAINTENANCE tN RIGHT OF WAY