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
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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:
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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
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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:
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Kathy Bennett, City Clerk
Approved as to Form:
By:
Karen A. Feld, City Attorney
OWNER: J�
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Medical Associates, LLC
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Date: l ZK l
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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
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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()�
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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
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