1982-0115_BANK OF AMERICA_Maintenance Agreement71
F EXEN15
CLj
82-017OP9 "�� I
RECORDING REQUESTED BY AND RECEIVMECORDING FEES EXEMPT DUE TO
WHEN RECORDED RETURN TO: GOVERNMENT CODE SECTION 6103
City of San Juan Capistrano PIAN d 1 46 PWMARY
Office of the City Clerk 7����-�,n�,y.32400 Paseo Adelanto ('iTVI-- NN VER, City Clerk
San Juan Capistrano, CA 92675 SAN JU ANSan Juan Capistrano, California
AGREEMENT RELATING TO THE MAINTENANCE OF
ENTRY PAVERS, LANDSCAPING, INCLUDING IRRIGATION
FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY
THIS AGREEMENT is made this 5th day of January 1982,
by and between the City of San Juan Capistrano, hereinafter called
CITY and Bank of America, hereinafter called SUBDIVIDER.
W I T N E S S E T H:
WHEREAS, OWNER is the owner of certain property in the
City of San Juan Capistrano, County of Orange, State of California,
described as
A.C. 80-6
and,
WHEREAS, SUBDIVIDER desires to construct financial/office
use upon said property and has submitted an application therefor; and
WHEREAS, the landscaping plan for the aforesaid financial/
office use project includes portion of the CITY'S right-of-way; and
WHEREAS, the irrigation system for this project will
encroach upon the public right-of-way; and
WHEREAS, maintenance of the entire landscaped area as a
unit benefits SUBDIVIDER, his successors and assigns by enabling
him to maintain a uniform appearance to the project; and
WHEREAS, maintenance of the entry pavers as a unit benefits'0;
SUBDIVIDER, his successors and assigns by enabling him to maintain
a uniform appearance to the project.
NOW, THEREFORE, in consideration of the foregoing premises
and the terms and conditions hereinafter contained, CITY and
SUBDIVIDER agree as follows:
1. CITY hereby gives and grants unto the SUBDIVIDER,its
successors and assigns a license to landscape and place its irrigation
system within those portions of the public right-of-way shown on
Sheets 2 and 3 of the Street Improvement Plans for A.C. 80-6. Said
plans are on file in the office of the City Engineer.
2. SUBDIVIDER covenants and agrees to diligently keep and
maintain the landscaping and trees within the entire right-of-way
in.a state of appearance acceptable to the CITY's Director of Public
Wprks. ,
3. SUBDIVIDER shall indemnify and keep and hold the CITY,
its officers, employees and agents free and harmless from any claim,
lien, or liability of whatsoever kind and nature, and assure that
the right-of-way herein described shall be included within the
SUBDIVIDER'S public liability insurance coverage.
State of California
1 S.
County of Orange j
OFFICIAL SEAL
/ RUTH E MARQUARD
u rI,
IN
PUBLIC - CALIFOANIA
aL
�.��. ORANGE COUNTY
My comm. expires MAY 23, 1984
82-0 `i959
V
On this the 15th day of December 19 81 , before me,
the undersigned Notary Public, personally appeared
JOCK M. SEWALL
known to me to be the person(s) whose name(s) is subscribed
to the within instrument and acknowledged that hp
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
GENERAL ACRNOWLEOGEMENT FORM `
STATE OF Cr,IIFORNIA,
ss.
COUf1TYOF Ornngp
ON January 8 jg 82
before me, the undersigned, a Notary Public in and for the said Slate, pers0n31ly appeared
known to me to be the
Rresident, and Mary Ann Hanover Frown to me
C eek of
OFFICIAL SEALMunicipal
RUTH E MARQUARD th0 Colporalion that executed the within Instrument, E.no:+n to me to be the persons who
m NOTARY PUBLIC - CALIFORNIA executed the within Instrument, un te!caf of the Corporation herein mimed, and acknaracdred.
ORANGE COUNTY to me that :uch Cmiliwalion executed the wllhin Instrument pursuant to its bylaws or a
—. My comm. expires MAY 23, 1984 resolution of its build of directors.
Y11111tSS my hand and official seal.
• .tom � "`�ac,�.z � I
• NeIvy futdic In and furs ; ite.
ACAhilwl I 11G91 N I - Ca,R•—ebe. t ftx.—Wnitelh (eim }IG -RH. 7 61
STATE OF C111IFORNIA. j
)}
COUIITT OF Orange ss.
OFFICIAL SEAL6
a ' MARY ANN HANQVER
a NOTAny-DUBLIC f,AUFORNiA
oRANCE Cour, v
My comm. 'explrco :"I R 20, 19
Aexhowuulauwl—ee,A.-1'to. t sa._w,atel[.le�w, ue'.Ao. 7xi
:u January 5 jg 82
before mc, the undersigned, a Notary Public in and for the said Slate, personally appeared
Phil lin R. Schwartzeknown tome to be the
Mayore5ldtfMaNt of knmyn to me
to be the - - —Secretary of
tfiF_Cmpmation flat executed the :rithit, Instrument, kno:rn to me to be the persons who
executed the within Instrumrnt, ua te!caf of Ule Cotpmahon herein mnncd, and ackma-.vledred
to me that such Cugmratloo executed the within Instrument pursuant to its bylaws or a
resolution of its build of dneclofs.
YlITNESS my hand and official seal.
�. 82-017959
A.C. 80-6
CITY OF SAN JUAN CAPISTRANO
ATTEST:
MARY ANN
JANOVER- CITY CLERK
PHILLIP R. SCHWARTZE, MAY
APPROVED AS TO FORM:
•S S. OKAZA KZY ATTORNEY
0
BANK OF AMERICA
By
M
-2-
Authorized Agent - Bank of America
-402 PM JAN 15 '82
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