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1984-0221_PACIFIC COAST DEVELOPMENT_AgreementRECORDING REQUESTED BY AND MAIL TO 0238 Via EXEMPT C2 1,_,..,, OF ORANGE COUNTY, CALIFORNIA "Cityi .:.' .4u2 PM MAR 12'84 LEE A. BRANCH,COunty Nea Office of the City Clerka. jp ENTARY TRANSFER TAX -NO DUE 32400 Paseo Adelanto San Juan Capistrano, CA 92675 ary Ann �Hdnover, City Clerk San Juan Capistrano, California AGREEMENT RELATING TO THE MAINTENANCE OF LANDSCAPING & INCLUDING IRRIGATION FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF ORTEGA HIGHWAY & RANCHO VIEJO ROAD (A.C. 80-5) THIS AGREEMENT is made this 21st day ofd 1984, by and between the City of San Juan Capistrano, hereina Wer called CITY and Pacific Coast Development Company, hereinafter called OWNER. 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 27311, 27331 and 27351 Ortega Highway; and WHEREAS, OWNER desires to construct a commercial office project upon portions of said property and has submitted an application therefor; and WHEREAS, the landscaping plan for the aforesaid commercial office project includes portions of the City's right-of-way; and WHEREAS, the irrigation system for this project will encroach upon portions of the public right-of-way; and WHEREAS, maintenance of the entire landscaped area as a unit benefits OWNER, 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 OWNER agree as follows: 1. CITY hereby gives and grants unto the OWNER, its successors and assigns a license to landscape and place its irrigation system within portions of the public right-of-way which is shown on the Improvement Plans for A.C. 80-5. Said plans are on file in the office of the City Engineer. 2. OWNER covenants and agrees to diligently keep and maintain the landscaping and trees within that portion of the public right-of-way along Ortega Highway and Rancho Viejo Road as shown on Improvement Plans for A.C. 80-5 in a state of appearance consistent with standards set forth by the CITY Director of Public Works for other similar residential areas. - • 84-1.0208 3. OWNER shall idemnify 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 arising from the maintenance obligations herein contained and assure that the right-of-way herein to be maintained by OWNER shall be included within the OWNER'S public liability insurance coverage. 4. OWNER acknowledges that the right to extend its landscaping into the public right-of-way of the CITY is a special benefit to all of A.C. 80-5 and does accordingly agree that the terms and conditions herein set forth, shall run with the land and be a burden and binding upon and inure to the benefit of the parties hereto, their successors and assigns. ATTEST: F1101. I WIN aa-- = APPROVED AS TO FORM: J ES S. OKAZAKI, CI ATTORNEY CITY OF N JUAN CAPISTRANO By ANTHONY L ./B LAND, MAYOR Paci Coast Development Company By Qu.0 D gla P. Blankenship M (All Signatures Must Be Notarized) -2- State of California Orange SS. County of 1111 OFFICIAL SEAL MARY A CARI.SON NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY S My comm. expires JAN 5, 1988 . UORPORATE ACKNOWLEDGMENT FORM 7120052 °1,-".32-'36 On this the 22nddayof Fe—ruary 1984,before me, the undersigned Notary Public, personally appeared Mary Ann Hanover X personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s)who executed the within instrumennisi al City Clerk or on bet�l �jt�Wpj jorationeherein named, and acknowledged to me that the/corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION. 23012 Ventura RNd.. Woodland Hills, CA 91' State of C a I ifornia On this the 2lstday of February 1984, before me, SS. Countyof Orange Mary Ann Hanover the undersigned Notary Public, personally appeared Anthony L. Bland personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within instrument s Mayor 4unicipal OFFICIAL SEAL or on behalf nit� ,6 anoration herein MARY ANN HANOVER named, and acknowledged to me that the%orporatlon executed it. NOTARY PUBLIC CAI W014NIA ORANGE COUNTY WITNESS my hand and official seal. My comm, explra APR 20, 1984 �UMVUHAIEAUKNUNILEDGMENT FORM 7120052 State of County of California SS, Orange OFFICIAL SEAL RUTH E MARQUARD ID" NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires MAY 21, 1984 NATIONAL NOTARY ASSOCIATION . 23012 Venture SNd.. Woodssid Mills, CA 91364 On this the 9th day of February 19---U before me, the undersigned Notary Public, personally appeared Douglas P. Blankenship personally known to me K proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i. s subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hajid and official GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION. 23012 Ventura ONO. - Woodland Hills, CA 91364 • y, r,4-4-- x a SAN JWSTR A•/IQ)� CA]�LFO Y IA 92675 PRG93iu17}' . February 23, 1984 Pacific Coast Development Company 629 Camino Los Mares, Suite 302-A San Clemente, California 92672 Re: A.C. 80-5 Develo ment A reement and Maintenance o Landscaping Agreement Gentlemen: Enclosed please find fully executed copies of the Development Agreement and the Maintenance and Landscaping Agreement pertaining to A.C. 80-5. These Agreements were approved by the City Council at their meeting of February 21, 1984, and the originals were forwarded to the County of Orange for recording. Thank you for your cooperation. Very truly yours, MARY ANN HANOVER, CMC City Clerk MAH/mac Enclosures cc: Director of Public Works AND LANDSCAPE MAINTENANCE AGREEMENTS - A.0 (38) Pursuant to conditions of approval for A.C. 80-5, Pacific (68) Coast Development was required to construct street improvements to Ortega Highway and to maintain all landscaping within the public right-of-way. The Improvement Agreement and the Landscape Maintenance Agreement for A.C. 80-5 were approved; the Mayor and City Clerk were authorized to execute the agreements on behalf of the City; and, the City Clerk was directed.to record the agreements with the Orange County Recorder, as set forth in the report dated February 21, 1984, from the Director of Public Works. 9--5 AGENDA ITEM February 21, 1984 TO: Stephen B. Julian, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Improvement and Landscape Maintenance Agreements - A.C. 80-5, Ortega Highway (Pacific Coast Development) SITUATION As conditions of approval for A.C. 80-5, Pacific Coast Development is required to construct street improvements to Ortega Highway and agree to maintain all landscaping within the public right of way. The developer has entered into agreements and posted surety to guarantee construction of the improvements and maintain the landscaping in the public right of way. COMMISSION/BOARD REVIEW, RECOMMENDATION Not applicable FINANCIAL CONSIDERATIONS There are no financial considerations due to this action. ALTERNATE ACTIONS 1. Approve the Improvement and Landscape Maintenance Agreements. 2. Do not approve the Improvement and Landscape Maintenance Agreements. 3. Request further information from Staff. RECOMMENDATION By motion, approve the Improvement and Landscape Maintenance Agreements for A.C. 80-5, authorize the Mayor and City Clerk to execute the agreements and direct the City Clerk to record the documents with the Orange County Recorder. Respectfully submitted, W. D Murphy i WDM:CMB/rem Encl.