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HomeMy WebLinkAboutC-3329 - Joint Use and Maintenance Agreement and Declaration of Covenants between Landowners (1854 Port Westbourne)RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk's Office Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L Granville, Clerk/Recorder II!/III//II///II/II/IIII111111//i/ 'No Fee 004 00127473 200003103066 12:01PM 02/28/00 108003 08 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 003 EXEMPT RECORDING REQUEST PEgpace above this line for Recorder's use only. GOVERNMENT CODE 6103 JOINT USE AND MAINTENANCE AGREEMENT AND DECLA;ATION OF COVENANTS BETWEEN LANDOWNERS THIS AGREEMENT is made and entered into this aanL day of rebrucq , 2000, by and between Harbor View Community Association, a California non-profit mutual benefit corporation (hereinafter "ASSOCIATION"), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the Constitution and the laws of the State of California, (hereinafter "CITY"). WITNESSETH: WHEREAS, CITY administers certain real property located in the City of Newport Beach, County of Orange, State of California, which property is more particularly described as Parcel 2 of Lot Line Adjustment 98-02 (hereinafter "CITY PARK"), depicted in Exhibit "A" hereto and by this reference incorporated within; and WHEREAS, ASSOCIATION owns certain real property located at 1854 Port Westbourne Place in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Parcel 1 of Lot Line Adjustment 98-02 (hereinafter "RECREATION PARCEL"), and WHEREAS, ASSOCIATION desires to construct and maintain certain landscape improvements (hereinafter "PERMITTED IMPROVEMENTS") within certain portions of CITY PARK and RECREATION PARCEL; and WHEREAS, CITY deems said landscaping improvements to be a benefit to CITY; and WHEREAS, parties hereto desire to execute an agreement providing for responsibility of maintenance of landscaping in RECREATION PARCEL and CITY PARK adjacent to RECREATION PARCEL; 1 NOW, THEREFORE, in consideration of the mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that PERMITTED IMPROVEMENTS shall be defined as landscaping, irrigation, patio, bike rack and shade structure improvements and appurtenance in RECREATION PARCEL and adjacent CITY PARK as shown on EXHIBIT "A" attached hereto and as approved by the City Engineer. 2. Maintenance responsibility of PERMITTED IMPROVEMENTS shall be as follows: a. ASSOCIATION shall be responsible for installation and maintenance of all non -turf landscape planting and irrigation systems within RECREATION PARCEL and CITY PARK located adjacent to RECREATION PARCEL as shown in Exhibit "A". b. ASSOCIATION shall be responsible for construction and maintenance of the decorative concrete deck, shade structure and barbecues located outside the pool perimeter fence but located within the northeasterly corner of the RECREATION PARCEL (hereinafter BARBECUE PATIO). ASSOCIATION agrees that the decorative concrete deck, shade structure and barbecues shall be available for use and enjoyment by the general public as an extension of the general public's use and enjoyment of CITY PARK. The PERMITTED IMPROVEMENTS on BARBEQUE PATIO shall be constructed per Building Code and ASSOCIATION shall be responsible for obtaining all necessary Permits. CITY agrees to place, and be responsible for the maintenance of two picnic tables within the BARBECUE PATIO. c. CITY shall be responsible for maintenance of the turf area and irrigation system within RECREATION PARCEL up to the edge of the BARBECUE PATIO and/or the perimeter fence and/ or planter strip. d. ASSOCIATION shall be responsible for maintenance of the turf areas, trees, and irrigation system within that portion of Parcel 2 bounded by the westerly line of Parcel 1, the northerly right-of-way of Port Westbourne Place, the southerly right-of-way of Port Charles Place, and the westerly line of Parcel 2. This portion of Parcel 2 shall hereinafter be referred to as GREENBELT• CONNECTION. ASSOCIATION shall also be responsible for maintenance of the turf parkways (including the irrigation system therein) on Port Westboume Place and Port Charles Place fronting the GREENBELT CONNECTION 2 • e. CITY shall be responsible for maintenance of the existing sidewalk connecting the GREENBELT CONNECTION, excluding the landings in front of the ASSOCIATION clubhouse and the entry to ASSOCIATION pool. f. CITY shall be responsible for maintenance of the turf areas and irrigation system within Parcel 2, excluding the area mentioned in subsection "d" above. 3. CITY will permit ASSOCIATION to construct, reconstruct, install, maintain, use, operate, repair and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto, within a portion of CITY PARK as shown in Exhibit "A", all in substantial conformance with plans and specifications on file in the CITY. CITY will further allow ASSOCIATION to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 4. This Agreement is freely terminable by either party at their will upon receipt of written notice of termination sixty (60) days prior to the effective date of termination. If permitted improvements interfere in the future with CITY's ability to construct, operate, maintain, and replace CITY and other public facilities and improvements within CITY PARK, then the rights granted under this Agreement may be terminated by CITY at any time by giving 60 days' notice, specifying in said notice the date of termination. CITY shall incur no liability whatsoever in the event of the termination of this Agreement, or subsequent removal of improvements by CITY. 5. ASSOCIATION and CITY further agree as follows: a. ASSOCIATION may construct and install PERMITTED IMPROVEMENTS and appurtenances incidental thereto, in substantial conformance with plans and specifications therefor on file in the CITY's Public Works Department, and as described on Exhibit "A" hereto attached. b. ASSOCIATION shall maintain the PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. c. If CITY or other public facilities or improvements are damaged by the installation or presence of PERMITTED IMPROVEMENTS, ASSOCIATION shall be responsible for the cost of repairs. 3 d. That should CITY be required to enter onto said CITY PARK to exercise its primary rights associated with said CITY PARK, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of existing or future public facilities or improvements, CITY may remove portions of the PERMITTED IMPROVEMENTS, as required, and in such event: (i) CITY shall notify ASSOCIATION of its intention to accomplish such work, if any emergency situation does not exist. (ii) ASSOCIATION shall be responsible for arranging for any renewal or restoration of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iii) CITY agrees to bear only the cost of any removal of the PERMITTED IMPROVEMENTS affected by such work by CITY; (iv) ASSOCIATION agrees to pay all costs for renewal or restoration of the PERMITTED IMPROVEMENTS. 6. In the event either party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement, and, in the event the breaching party is ASSOCIATION, CITY may enter upon the CITY PARK and remove all or part of the improvements installed by ASSOCIATION. Termination because of breach shall be upon a minimum of ten (10) days' notice, unless the breach is cured within such 10 day period, with the notice specifying the date of termination. In the event of litigation commenced with respect to any term of condition of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs incurred. 7. CITY shall indemnify, defend, protect, and hold harmless the Association, its employees, officers, directors and agents from any claims damages, loss and expenses, of every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly connected with CITY's obligations under this Agreement, 8. ASSOCIATION shall indemnify, defend, protect, and hold harmless the CITY, its employees, officers, directors and agents from any claims damages, loss and expenses, of every kind and nature whatsoever, arising out of, resulting from, or in any manner directly or indirectly connected with ASSOCIATION's obligations under this Agreement, 4 9. ASSOCIATION agrees that this Agreement shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of OWNERS' interest in the land whether fee or otherwise, and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first -above written. APPROVED AS TO FORM: By: ATTEST: By: City Clerk Agt\buffalo-hills-park-agt3 CITY OF NEWPORT BEACH, a Municipal corporation B ASSOCIATION: By: k ZvcKei2 _ ALA /Zoe MARICELA RODRIGUEZ Commission # 1234482 Notary Public - Califomia Z County San Bernardino Coun�:. My Comm. Expies Sep 13 2003 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `c,'-c'io nc<',G'i('-C ' ',G'' ' ' S'a' '-G<'G'<'ici.o ' ' ' ' i4'<:': Y'OC?e<)c-inCC',CC`,GOic•nGC,GC,GC', JeX7c r," fii State of California County of SA,\ g e...f vl On IAf, Date 200o , before me, personally appeared k A-{ k MAR!CrLA RODRIGUEZ Commission # 1234482 z Notary Public - California San Bernardino County My Comm.les Sep 13, 2i)03 Place Notary Seal Above M,L.►1LtA-Y- fL- , 'L Name and Title of Officer (e.g., "Jane Rotary Public") Name(s) of Signer(s) .personally known to me l 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. WITNEi my hand and official seal. Signature of Notary Pubic 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 another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Nad%Above: i Capacity(ies) Clain}'•y Signer Signer's Name: - Individual /I'! -4% / ❑ Corporate Officer ' tle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of � On f>AuAl2-1 iS, ZD01) , before me, (IWO �• 1194s D 1,A\o�lr►� M. 1-I-A S Name(s) of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence SS. Date personally appeared LEILANI V. INES Commission # 1170960 Notary Public - California Orange County My Comm. Expires Jan 25, 2002 Place Notary Seal Above I,fit/AA \J• Jt' S Ns ne and Title of Officer (e.g., "Jane Doe, Notary Public") to be the persors)> whose name is) subscribed to the within instrument and acknowledged to me that he/s /executed the same in his/he authorized U"� capacitycapacityd0 and that by his/her/ signatur:4 .n the instrument the persor s or the entity upon behalf of which the perso s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary 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 another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUI OF SIG PRINT R Top of thumb here © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 '4A DECORATIVE RETAINING WALL TO BE MAINTAINED BY HARBOR VIEW HOMES COMMUNITY ASSOCIATION NO11a3NN03113 TREES TO BE MAINTAINED BY HARBOR VIEW HOMES COMMUNITY ASSOCIATION PLANTER LANDSCAPING (non -turf) & IRRIGATION TO BE MAINTAINED BY HARBOR VIEW HOMES COMMUNITY ASSOCIATION NEW GROUND COVER & TREES (non -turf) & IRRIGATION TO BE MAINTAINED BY HARBOR VIEW HOMES COMMUNITY ASSOCIATION PARCEL 2 OF LOT LINE ADJUSTMENT NO. 98-02 New Perimeter Wall (tYIL) TURF & IRRIGATION TO BE MAINTAINED BY HARBOR VIEW!• HOMES COMMUNITY ASSOCIATION (Typical) Swimming Pool Training Pool i PARCEL 1 OF LOT LINE ADJUSTMENT N0. 98-02 dy 4 TURF & IRRIGATION TO BE MAINTAINED BY CITY TREE TO BE MAINTAINED BY HARBOR VIEW HOMES COMMUNITY ASSOCIATION BUFFALO HUTS PARK -, • NEW PARCEL LINE (typ.) TURF & IRRIGATION /TO BE MAINTAINED B 1 a• E • 0 z U PARCEL 2 OF LOT LINE ADJUSTMENT NO. 98-02 EXHIBIT "A"