Loading...
2011/12/20 Agreement Bradley Medical Associates - Maintenance AgreementRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO City of Menifee Attn: Rob Johnson (Space Above LiI Recording Fee Exe DOC # 2011-0563262 12/20/2011 03:43P Fee:NC Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 11111111111111111111111111111111111111111111111111 608 s R U PAGE SIZE DA MISC LONG RFD I COPY 9 M A L 465 426 PCOR NCOR SMF CHG EXAM r r �' __ 1. a T: CTY UNI MAINTENANCE AGREEMENT THIS MAINTENANCE AGREEMENT (the "Maintenance Agreement") is made and entered into as of August 2, 2011, by and between the City of Menifee ("City") and Bradley Medical Associates, LLC, a California Limited Liability Company ("Shopping Center Owner" or "Owner"). RECITALS: WHEREAS, Shopping Center Owner is the owner of a parcel within the Sun City Shopping Center, legally described on Exhibit A, attached and incorporated here; and WHEREAS, the City right-of-way ("ROW') between the sidewalk and the Sun City Shopping Center is dirt, with weeds, and must be maintained to remove debris; WHEREAS, City has proposed retrofitting the area with point-to-point drip irrigation and native drought tolerant landscape similar to that of the Sun City Library; and WHEREAS, in exchange for this City retrofit, Owner has agreed to maintain the area in perpetuity; and NOW, THEREFORE, the Owner and the City agree as follows: Section 1. Acknowledgments and Representations of the Parties (a) The Owner hereby acknowledges and represents that, as the date of execution of this Maintenance Agreement it is the sole owner of a parcel within the Sun City Shopping Center and has the legal authority to execute this document. (b) Each party confirms that the Recitals set out above are true and correct. Section 2. Maintenance of the ROW and Grant of Access: (a) The Owner, for himself and his its successors and assigns, at his sole cost and expense, hereby covenants and agrees that upon completion of the retrofit, he shall be responsible for the inspection and maintenance of the ROW, as follows: The ROW shall be maintained in good condition, including but not limited to maintenance of all plant materials, irrigation, drainage or erosion, without weeds. Owner shall regularly remove trash from the ROW. Maintenance includes routine replacement of irrigation parts and lines, plants, application of any fertilization or pesticide, and general upkeep of the ROW. (b) In the event plant material or irrigation is damaged or destroyed, City shall be responsible for the replacement of the plants or irrigation system. (c) Owner (and any Successors -in -Interest, as defined below) hereby are granted a right of access to enter the ROW to maintain it. Section 3. Failure to Maintain: In the event that at any time during the term of this Maintenance Agreement, Owner shall fail to maintain the ROW, the City shall notify Owner in writing of the failure and shall give Owner fifteen (15) calendar days from the date of such notice to cure the maintenance deficiency as identified in the notice. In the event the Owner fails to cure or commence to cure the maintenance deficiency within the time allowed, the City shall have the right to perform all acts necessary to cure the maintenance deficiency, or to take other action at law or equity the City may then have to accomplish the abatement of the maintenance deficiency. If not paid by the Owner within thirty (30) calendar days after written demand for payment, Owner specifically agrees that any and all amounts expended by the City or the City for the abatement of a maintenance deficiency at the discretion of the City may be come become a lien on Owner's property as described in Exhibit "A", and Owner specifically consents to such lien on the property and to the City or City's enforcement of such lien as allowed by law. This Agreement shall be enforceable by the City or any successor thereto. Section 4. Maintenance Agreements to Run With the Land. As set out herein, the provisions of this Maintenance Agreement shall be a Maintenance Agreement running with the land for the Maintenance Agreement Term and shall be enforceable by the City in its discretion, cumulative with any other rights or powers granted by the City under applicable law. The Owner hereby declares his/its specific intent that this Maintenance Agreement shall pass to and be binding upon the Owner and each Successor -In -Interest of the Owner for the Maintenance Agreement Term. The words "Successor -In -Interest" mean and refer to the person, corporation, or other business entity which may acquire the Sun City Shopping Center Property from the Owner at any time during the Maintenance Agreement Term by purchase, assignment, transfer or otherwise. The Successor -In -Interest shall be bound by each of the Maintenance Agreements, conditions and restrictions of this Maintenance Agreement. Section 5. Maintenance Agreement Term. The words "Maintenance Agreement Term" shall mean and refer to the period of time when this Maintenance Agreement shall be in effect. This Agreement shall be for the maximum term allowed by law and the rule against perpetuities (life in being plus 21 years). Section 6. Indemnification. (a) Owner shall indemnify, defend and hold harmless City, its officers, agents, and employees, from and against any and all damages, liabilities, claims, or costs (including but not limited to attorneys' fees) for bodily injury (including death) or property 2 111111111111111111111111111111111111111111111111111111 `20''2.��':- � damage arising or alleged to arise from Owner's performance or failure to perform hereunder, except that arising from the sole negligence or willful misconduct of City. (b) City shall indemnify, defend and hold harmless Owner, its officers, agents and employees, from and against any and all damages, liabilities, claims or costs (including but not limited to attorneys' fees) for bodily injury (including death) or property damage arising or alleged to arise from City's ownership or operation of the ROW, except that arising from Owner's sole negligence or willful misconduct. Section 7. Notice. Any notice required to be given under this Maintenance Agreement shall be given by the one party to the other by personal delivery or by First Class United States mail at the addresses specified below or at such other address as may be specified in writing by the parties hereto: If to the City: City of Menifee Attention: City Manager's Office 29741 Haun Road Menifee, CA If to the Owner: John D. Motte Bradley Medical Associates, LLC 445 South "D" Street Perris, CA 92570 Notice shall be deemed given three (3) calendar days after the date of mailing to the party, or, if personally delivered, when received by the City or Owner, as applicable. Each party may change its address by notifying the other party, in writing, of the party's new address. OWNER Date:' // 6 / By: Print: By: Prii Section 8. Miscellaneous: This Maintenance Agreement shall be governed by the laws of the State of California. This Maintenance Agreement may be amended only by a written instrument executed by the parties. No waiver of any term or provision of this Agreement shall be a continuing waiver thereof. Section 9. Attorneys' Fees. In the event that either party brings an action to enforce this Maintenance Agreement, the prevailing party in such action shall be entitled IIIIIIIIIIIIIIYIIIIIIIIIIIIIIIINIIIIIIIII m"F";F- ,� to recover from the other party reasonable attorneys' fees to be fixed by the court in which a judgment is entered, as well as the costs of such suit. CITY: William A. Rawlings, City Manager Date: C - / 4 - 1 / ATTEST: llklku�� Kathy Bennett, City Clerk Approved as to Form: By: Karen A. Feld, City Attorney OWNER: J� Jo Medical Associates, LLC I / Date: l ZK l 0 1111II� .'�'',��:�, 4 EXHIBIT "A" Legal Description of the Shopping Center Property 2011-11563262 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 01 Vc dp--, On Date personally appeared MARV MARGARET FARMER L110N coemiiiiisM # 1941179 Notary PIING - c111orde Rivers_ & cool M omm. f ii Ao 11 M who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature: Place Notary Seal Above ig re of ofary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to an er document.fi()� Vj�e Description of Attached Document *10 1 Title or Type of Document: Document Date: ?P-') —G-- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Number Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing ® 2009 National Notary Association - NatlonalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 YIIIInIIIIIIYIIIIIIIIIIII�IIIIIIIIIIIIIIRI 'w':��'