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
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MAINTENANCE AGREEMENT >
(Assessor's Parcel #650-211-029)
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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
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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