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1999-0406_G & J INVESTMENT CO_Maintenance AgreementWhen Recorded Mail to: City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 RecorrdedLinthe Granvio ntyC f OraecortleCalifornia ary ,,7�l,,,j��`���� jjj 21.00 19990600566 09:20am 08/18/99 005 22057022 22 13 W2 6 6.00 15.00 0.00 0.00 0.00 0.00 MAINTENANCE AGREEMENT > (Assessor's Parcel #650-211-029) .�l c This Maintenance Agreement is made this bll day of A& -g-1999, by and between the City of San Juan Capistrano (hereinafter "City"), and G & J Investment Company, LLC, a California Limited Liability Company (hereinafter "Property Owner"). RECITALS: Whereas, Property Owner has received Final Map Approval for Parcel Map 92-125 from City; and, Whereas, Property Owner will retain fee ownership in Parcel 1 and, per the Declaration of Covenants. Conditions and Restrictions recorded concurrently with this Agreement and the Final Parcel Map, will also retain a 40% maintenance obligation to Parcel A of Parcel Map 92-125; and, Whereas, Property Owner intends to convey to future Property Owners Parcels 2, 3, and 4, along with 60% of the maintenance obligation for Parcel A; and, Whereas, City desires to ensure that landscape improvements within certain portions of Parcel A are immediately installed and properly landscaped and maintained by Property Owner and/or his Successors in Interest to Parcel A, and; Whereas, City and Property Owner agree that Property Owner shall assume landscape maintenance responsibilities for that certain portion of real property described on the site plan attached as Exhibit A, and incorporated herein for reference, until no later than issuance of a Certificate of Occupancy to the fee owners of Parcels 2,3, and 4. NOW THEREFORE BE IT RESOLVED between City and Property Owner as follows: Section 1. Landscape Maintenance Obligation. (a) Property Owner agrees to landscape pursuant to City approved plans for this property that real property described in Exhibit A. Further, Property Owner shall properly maintain the landscaping in such manner that the property is free of weeds and debris and the required landscaping remains in a healthy state. (b) The required landscaping with suitable irrigation shall be installed by Property Owner by no later than June 30, 1999. Section 2. Covenant Runs With the Land. The landscape maintenance obligation described in paragraph 1 runs with the land, that is, Parcel A, of Parcel Map 92-125 and this covenant, shall bind Property Owner's Successors in Interest, devisees, grantees, or any other party with respect to Parcel A. Section 3. Other Conditions. Section 4 Attorney's Fees. In the event any legal action or proceeding is commenced to interpret or enforce the terms of, or obligations arising out of this Agreement, or to recover damages for the breach thereof, the party prevailing in any such action or proceeding shall be entitled to recover from the non -prevailing party all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Section 5. Entire Agreement. This Agreement contains the entire Agreement of the parties hereto with respect to the matters covered hereby, and no other previous agreement, statement or promise made by any party hereto which is not contained herein shall be binding or valid. 0 0 Section 6. Notices. Any notices given under this Agreement shall be given by first class mail, postage prepaid to: Jeff Hirson c/o G & J Investment Company 27201 Ortega Highway San Juan Capistrano, CA 92675 George Scarborough City Manager 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY OF SAN JUAN CAPISTRANO City (Notarized sifnature) PROPERTY OWNER By. J Teff-Iirson, Managing Member G & J Investment Company, LLC A California Limited Lability Company (Notarized signature) EXHIBIT A BOILNDARY NOTE: FOR SPECIFIC TOTAL BOUNDARY AND PARCEL BOUNDARY INFORMATION, REFER TO Q " THE RECORDED PARCEL MAP NO. 92-125. , sy AREA TO SE LANDSCAPED A MAINTAINED PER THIS AOR!!M M � r AQ, P ~ y � G�' % Al PARCEL LEGEND PARCEL 1 = CAR WASH PROPERTY ( P� PARCELS 2, 3 AND 4 = BUILDING PARCELS PARCEL A = THE PROPERTY, EXCEPTING P O� PARCELS 1, 2, 3 AND 4 AS SHOWN ON PM NO. 92-125, AND ALSO RANCHO VIEJO ROAD. EXCEPTING (PARCEL SNOT A wo `/F�o SEPARATE BUILDING SITE.) 0 0 State of CALIFORNIA County of ORANGE On G AMtt. t 44 g before me, PHILIP J. HUGHES, NOTARY PUBLIC (DATE) (NAMEmTLE OF OFFICER-i.a.'JANE DOE. NOTARY PUBUC'1 personally appeared 1-4fles0,u (NAMES) OF SIGNERIS)I ❑ personally known to me -OR- PHILIP J. HUGHES 67775 63240 7 IIIIIII�IIII� Ii�ll I II�IIIIII �I 8 Df COMM. # 116 �Pub[-C 1799 110 GE COUission E.P. lZ of (SEAL) p proved to me on the basis of satisfactory evidence to be the person(Ar) whose name($) Is/a*@ subscribed to the within instrument and acknowledged to me that he/s1aAAerexecuted the same in his/he4#;Nec authorized capacity(ieM, and that by his/ITas4He4r signature(g� on the instrumentthe person(, or the entity upon behalf of which the personli) acted, executed tithe instrument. Witness my hand and official seal ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE TRIe or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Sipnerls) Other Than Named Above WOLCOTTS FORM 83240 Rev. 394 (Price clave 8-2A) 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYMEPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIONER(S) OINDIVIDUALIS) ❑CORPORATE OFFICERIS) InTUES1 ❑PARTNERISI ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(sl or Entity0eal RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(SI ❑INDIVIDUALIS) OCORPORATE OFFICER(S) frI LEST OPARTNER(S) ❑LIMITED OGENERAL ❑ATTORNEY IN FACT OTRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On April 6,1999 , before me, Cheryl Johnson , City Clerk, personally appeared - - - George Scarborough - - - , personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. (SEAL) Capacity Claimed by Signer Municipal Corporate Officer City Manager Title Signer is Representing City of San Juan Capistrano WITNESS my hand and official seal. OPTIONAL Description of Attached Document Maintenance Agreement Title or Type of Document Number of Pages April 6, 1999 Date of Document Geoffrey Hirson Signer(s) Other Than Named Above