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HomeMy WebLinkAboutC-9793-1 - Cooperative Agreement for the Maintenance of Median Improvements (on Ford Road)COOPERATIVE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ONE FORD ROAD COMMUNITY ASSOCIATION FOR THE MAINTENANCE OF MEDIAN IMPROVEMENTS This Cooperative Agreement ("Agreement") is made and entered into this 19th day of November, 2024, by and between the City of Newport Beach, a California municipal corporation and charter City ("City"), and the One Ford Road Community Association, a California nonprofit corporation ("Association"), with the City and Association individually referred to as "Party" and collectively referred to as "Parties." RECITALS WHEREAS, City is a municipal corporation organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; WHEREAS, the One Ford Road Community Association is an "association" of homeowners as defined under Civil Code §4080; WHEREAS, on July 10, 1995, the City Council approved a Development Agreement between the City and Ford Motor Land Development Corporation, for the residential development of approximately 98.1 acres, which was recorded in the Official Records of the County of Orange on September 26, 1995, and amended July 8, 1996, and recorded May 13, 1997 ("Project"); WHEREAS, the City Council imposed conditions in connection with approval of the Project ("Conditions"), including, but not limited to, the construction of public improvements in the form of a median island, landscaping, and irrigation on Ford Road ("Median Improvements"); WHEREAS, the Conditions required that the work to construct the Median Improvements be completed under an encroachment permit issued by the City Public Works Department; WHEREAS, in April of 1996, Ford Motor Land Development Corporation transferred its interest in the Property to JM Development Company, who thereafter changed its name to Pacific Bay Homes, also known as Pacific Bay Properties ("Pacific Bay"); WHEREAS, the City and Pacific Bay entered into that certain Encroachment Agreement and Declaration of Covenants Between Landowners, dated May 17, 2001, and recorded in the Official Records of the County of Orange on July 3, 2001, as Document Number 20010443768, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference ("Encroachment Agreement"); WHEREAS, the Encroachment Agreement authorized Pacific Bay to construct the Median Improvements, and obligated Pacific Bay to maintain the Median Improvements; WHEREAS, Pacific Bay executed that certain Declaration of Covenants, Conditions and Restrictions and Grant of Easement For One Ford Road Community Association, dated March 20, 1998, and recorded in the Official Records of the County of Orange on March 26, 1998 ("CC&R's"); WHEREAS, Section 1.26 of the CC&R's define "off -tract maintenance" to include an agreement with the City for maintenance of a street median, and additionally, Section 3.4 of the CC&R's state that Pacific Bay may transfer its maintenance obligations in the off -tract maintenance areas to the Association at any time; WHEREAS, Pacific Bay transferred its obligation to maintain the Median Improvements to the Association, and the Association thereafter maintained the Median Improvements; WHEREAS, the Parties now desire that the City maintain the Median Improvements on behalf of the Association, in exchange for the Association supplying the City's water requirements to support the Median Improvements. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereto agree as follows: 1. RECITALS The Parties acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 2. INTENT This Agreement is intended to permit the City to fulfill the maintenance duties of the Association under the Encroachment Agreement. The City's maintenance of the Median Improvements pursuant to this Agreement shall be deemed compliance by the Association with its maintenance duties under the Encroachment Agreement. In the event of termination of this Agreement, the Encroachment Agreement shall control. 3. TERM AND TERMINATION This Agreement shall continue in full force and effect until terminated. Either Party may terminate this Agreement with or without cause, at any time, by providing at least one hundred eighty (180) days written notice to the other Party. One Ford Road Community Association Page 2 4. CONSIDERATION 4.1. The Association shall provide all water reasonably necessary to maintain the Median Improvements, at the Association's sole cost. The Association shall ensure that adequate water is available to maintain the landscaping within the Median Improvements. Notwithstanding the preceding, the Association shall not be responsible for providing water to the extent that this is not reasonably possible due to circumstances outside the Association's reasonable control, including but not limited to repair or replacement of the Association's irrigation system or interruptions in water provided by the local water district. In such cases the Association shall act in good faith to restore normal water service as soon as reasonably possible. 4.2. The City shall maintain the Median Improvements in accordance with the terms of this Agreement at its sole cost and expense, except for the cost of water which shall be borne by the Association. 5. LICENSE 5.1. For the purpose of supporting the maintenance of the landscaping within the Median Improvements by the City, the Association hereby grants the City a nonexclusive perpetual license to enter on, over, and under the Association's property, in the areas depicted on Exhibit B attached hereto and incorporated herein by this reference ("License Area"), to maintain, repair, and replace the connection to the Association's irrigation facilities. Additionally, the License granted herein shall include reasonable access to the meter and controller depicted on Exhibit B for the purpose of adjusting the watering schedule for the Median Improvements, and for maintenance, emergencies, testing, and other irrigation work. 5.2. The license granted in this Section is solely for the purpose of allowing the City access to HOA property in the License Area as needed to support the City's maintenance of the Median Improvements, and does not create any duty or responsibility on the part of the City to repair or replace the Associations' irrigation facilities within the License Area or beyond the License Area. The City's duties to maintain, repair, and replace irrigation facilities shall be limited to the irrigation facilities from the north side of Ford Road directly adjacent the Median Improvements, and continuing south into the area of the Median Improvements. 6. MAINTENANCE 6.1. The City shall be solely responsible for any and all costs and expenses for the maintenance of the Median Improvements, with the exception of water. 6.2. The City shall have the exclusive right to maintain the Median Improvements as its sees fit in its sole and absolute discretion, including but not limited to, the type, quantity, and location of any and all landscaping, the removal or One Ford Road Community Association Page 3 installation of any or all landscaping, the schedule, frequently, and manner of maintenance of landscaping and other Median Improvements, and the design, redesign, removal, or replacement of any or all Median Improvements. 6.3. All work shall be performed by City or contractors under the City's supervision. All work shall be performed in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All work shall be performed by qualified and experienced personnel. 6.4. City shall not be responsible for delay, damages, or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of Association to furnish approvals or easements promptly, or delay or faulty performance by Association, its contractors, or agents. 7. REPAIR AND REPLACEMENT The Association shall act in good faith to grant other licenses to the City, as reasonably necessary, for the repair and replacement of irrigation facilities supporting the Median Improvements, including but not limited to, the connection to the Association's irrigation facilities. No costs, expenses, or fees shall be charged by Association to the City in the preparation, execution, or granting of additional licenses pursuant to this section. The City shall be solely responsible for recording fees, if any. 8. INDEMNITY 8.1. Notwithstanding anything herein to the contrary, the City shall indemnify, defend, and hold harmless the Association, its management agent, and their respective officers, agents, volunteers, employees, and board members ("Indemnified Parties") from any and all claims arising out of the City and its agents' negligence or willful misconduct in the performance of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require the City to indemnify the Indemnified Parties to the extent that any claim arises from the negligence or willful misconduct of the Indemnified Parties. 8.2. Notwithstanding anything herein to the contrary, the Association shall indemnify, defend, and hold harmless the City, its elected officials, officers, agents, volunteers, and employees ("City Indemnified Parties") from any and all claims arising out of the Association and its agents' negligence or willful misconduct in the performance of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require the Association to indemnify the City Indemnified Parties to the extent that any claim arises from the negligence or willful misconduct of the City Indemnified Parties. One Ford Road Community Association Page 4 8.3. The City shall promptly restore Association property to substantially the same condition as it existed immediately prior to the City commencing any activity or work, including but not limited to plant material, utility installations, and other improvements. If Association property is damaged arising out of the City's and its agents' performance of this Agreement, the City shall promptly repair such damage. If the City fails to repair and restore Association property to the Association's reasonable satisfaction, the Association shall provide written notice to the City identifying the damage or conditions that the City has failed to repair or restore. If the City fails to perform such repair or restoration within thirty (30) days thereafter to the Association's reasonable satisfaction, the Association may undertake such repair or restoration on the City's behalf and the City shall promptly reimburse the Association for its actual costs incurred. 9. INSURANCE City shall cause to be purchased and maintain in effect insurance or self- insurance providing coverage against claims which may arise out of or result from the activities of the City, any contractor or sub -contractor of the City, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. City shall provide the Association with certificates of all insurance and self- insurance promptly upon full execution of this Agreement. Each policy shall provide that it may not be cancelled or reduced in coverage until thirty (30) days after written notice has been given to the Association. All insurance required herein shall name the Association and its management agent as additional insureds, shall be primary and non-contributory as to any or all Association policies of insurance, and shall contain a waiver of subrogation in favor of the additional insureds. Insurance coverage shall be in the form of commercial general liability with coverage of at least one million dollars ($1,000,000) per occurrence with two million dollars ($2,000,000) aggregate, auto liability of at least one million dollars ($1,000,000) per occurrence, and worker's compensation insurance in accordance with law. 10. NOTICE All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided: To Association: One Ford Road Community Association c/o Seabreeze Management Company Attn: Rick Zarski, General Manager 26840 Aliso Viejo Parkway, Suite 100 Aliso Viejo, CA 92656 One Ford Road Community Association Page 5 To City: City of Newport Beach Public Works Department Parks Superintendent 100 Civic Center Dr. Newport Beach, CA 92660 11. PARTY REPRESENTATIVES 11.1. Association shall designate a representative who shall be the point of contact and coordinate with the City regarding this Agreement. ("Association Representative"). The Association Representative shall be available to City at all reasonable times during the Agreement term. The Association has designated Rick Zarski, General Manager, to be the Association Representative. The Association may designate additional or different persons to serve as the Association Representative upon written notice to the City. 11.2. This Agreement will be administered by the City's Parks Superintendent. City's Parks Superintendent or designee shall be the City's point of contact and shall have the authority to act for City under this Agreement. 12. STANDARD PROVISIONS 12.1. Compliance with all Laws. Each Party shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 12.2. Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 12.3. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 12.4. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and any attachments attached hereto, the terms of this Agreement shall govern. One Ford Road Community Association Page 6 12.5. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 12.6. Amendments. This Agreement may be modified or amended only by a written document executed by both Parties and approved as to form by the City Attorney. 12.7. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 12.8. Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 12.9. Equal Opportunity Employment. Association represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 12.10. No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing Party shall not be entitled to attorneys' fees. 12.11. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 12.12. Assignment. Neither Party shall assign its performance of this Agreement, nor any part thereof, without the prior written consent of the non - assigning Parties. 12.13. Non -Appropriation. This Agreement is subject to the City's availability of funds appropriated for this purpose by the City, and nothing herein shall be construed as obligating the City to expend money or enter into any contract or other obligation for future payment of money in excess of appropriations authorized by law. 12.14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, personal representatives, successors and assigns. One Ford Road Community Association Page 7 12.15. No Third Party Rights. The Parties do intend to create in or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 12.16. Cooperation. Each Party agrees to cooperate with the other and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. [SIGNATURES ON NEXT PAGE] One Ford Road Community Association Page 8 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: i 01ZZ/Zq �n By: 1 ron C. Harp Ct y Attorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: � �'/z/-z.I-Z 91 Will O'Neill Mayor ASSOCIATION: One Ford Road Community Association, a California nonprofit corporation Date: By: Da sut 4By: Leilani I. Brown City Clerk .SEWpo" u c�C�fioRN� Signed in Counterpart Elisabeth C. Schutz Chief Executive Officer Date: Signed in Counterpart Rene Alvarez Secretary [END OF SIGNATURES] Attachments: Exhibit A — Encroachment Agreement Exhibit B — Depiction of License Area One Ford Road Community Association Page 9 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I By: cj ron C. Harp Ci y Attorney ATTEST: Date: 91 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor ASSOCIATION: One Ford Road Community Association, a California nonprofit corporation Date: /o - z s - d By: MiZ IgVss Sar�aG��d Chief Executive Officer Date: By: Rene arez Secretary [END OF SIGNATURES] Attachments: Exhibit A — Encroachment Agreement Exhibit B — Depiction of License Area One Ford Road Community Association Page 9 Exhibit A ENCROACHMENT AGREEMENT (See attached) One Ford Road Community Association Page A-1 Y i- ECEIVED FREE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: '01 JUL 16 A 8 :39 City Clerk City ofNewportBeaph), TN- CITYCLERrS 3300 Newport Boulevard; '.;i' J iT �,r ��C�l P.O. Box 1768 Newport Beach, CA 92658-8915 Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII NO FEE 20010443768 09,24am 07103/01 109 73 Al2 9 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 (Space Above For Recorder's Use) EXEMPT RECORDING REQUEST PER ENCROACHMENT AGREEMENT AND DECLARATION OF COVRENANTr`SODE 6103 BETWEEN LANDOWNERS (NON-STANDARD STREET MEDIAN IMPROVEMENTS) THIS AGREEMENT is made and entered into this �� day of/}T, 2001, by and between PACIFIC BAY PROPERTIES hereinafter referred to as "COMPANY", and the CITY OF NEWPORT BEACH, 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 referred to as "CITY". WITNESSETH WHEREAS, CITY administers certain public street rights -of -way located in the City of Newport Beach, County of Orange, State of California, which rights -of -way are more particularly depicted on Exhibit "A" hereto and by this reference incorporated herein ("Right -of - Ways"); and WHEREAS, COMPANY owns a portion of that certain real property located on the coiner of Ford Road and Jamboree Road in the City of Newport Beach, County of Orange, State of California, which real property is more particularly described as Tentative Tract No. 15332 with final Tract No's. 15387, 15388, 15389, 15390, 15391 and 15332, as shown on maps filed in Book 761, pages�35 through 38 of Miscellaneous Maps, filed in Book 774, pages 34 through 39 of Miscellaneous Maps, filed in Book 774, pages 29 through 33 of Miscellaneous Maps, filed in Book 761, pages 44 through 47 of Miscellaneous Maps, filed in Book 761, pages 39 through 43 of Miscellaneous Maps, filed in Book 772, pages 25 through 28 of Miscellaneous Maps, respectively, Records of Orange County, California and which real property is contiguous to the aforesaid Right -of -Ways which also contain public utility easements; and WHEREAS, said street right-of-way also contains public utility easements; and WHEREAS, CITY has sewer, water, street lights and storm drain facilities located within said utility facilities; and 487/015657-0002 163837.04 a04/19/01 WHEREAS, CITY desires to condition approval of construction of non-standard street median improvements over a portion of the Right -of -Ways containing said utility facilities; and WHEREAS, the parties hereto desire to execute an agreement providing for fulfillment of the conditions required by CITY to permit COMPANY to construct said non-standard median improvements; NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. It is mutually agreed that "non-standard street median improvements" shall be defined as any landscaped areas and accompanying irrigation systems and street or median surfacing within the Right -of -Ways which is not constructed of asphalt concrete; Portland cement concrete with only a "broom" or trowel finish; or Bomanite and those landscaping improvements more particularly described on Exhibit `B" attached hereto and incorporated herein by reference. 2. CITY will allow COMPANY to construct, reconstruct, install, maintain, use, operate, repair and replace said non-standard street median improvements and all facilities and appurtenances necessary and incidental thereto, over CITY's utility facilities, all in substantial conformance with plans and specifications therefore on file in the CITY's Public Works Department of the City of Newport Beach, in, on, and across the Right -of -Ways. CITY will further allow COMPANY to take all reasonable measures necessary or convenient in accomplishing the aforesaid activities. 3. COMPANY and CITY further agree as follows: (a) COMPANY shall construct and install non-standard street median improvements and all facilities and appurtenances necessary and incidental thereto, all in substantial conformance with plans and specifications therefore on file in the CITY's Public Works Department, in, on and across those certain Rights -of -Way depicted on Exhibit "A" attached hereto and incorporated herein by reference. (b) COMPANY shall maintain the aforesaid non-standard street median improvements in accordance with general prevailing standards of maintenance in the surrounding ared, and to pay all cost and expenses incurred in doing so. However, nothing herein shall be construed to require COMPANY to maintain, replace or repair any utilities or CITY -owned pipeline, conduit or cable located in or under said non-standard street median improvements. Should a dangerous or defective condition occur in the non-standard street median maintenance improvements (excluding the utilities and CITY -owned improvements), COMPANY understands and agrees that they are responsible for such condition, and further agrees to proceed immediately to correct the condition. In the event the City Council of the City of Newport Beach determines, after a public hearing held on at least thirty (30) days prior written notice to COMPANY, that COMPANY has failed or ceased to maintain the non-standard street median improvements as required by this 487/015657-0002 163837.04 a04/19/01 -2- paragraph, provided, however, that COMPANY shall have until the date of the public hearing to cure any default under this Agreement. In the event that COMPANY does not cure such default and the CITY determines that the COMPANY is in default under the terms of this paragraph, COMPANY agrees the CITY may, at CITY's option, assume the maintenance thereof and may bill COMPANY directly for the costs of such maintenance. COMPANY agrees to pay the amounts set forth in said bills promptly, upon receipt of such billing. CITY reserves to itself the right to make such emergency repairs to the improvements in the non-standard street median improvements as CITY deems necessary for the immediate protection of the public health and safety. COMPANY agrees to promptly reimburse CITY for the reasonable costs and expenses incurred by CITY in affecting such emergency repairs. (c) That should CITY be required to enter onto any easement areas in favor of CITY to exercise its primary rights associated with said easements, including but not limited to, the maintenance, removal, repair, renewal, replacement or enlargement of the water, sewer, street light or storm drain facilities, the CITY may remove portions of the non-standard street median improvements and in such event: 1. CITY shall notify COMPANY of its intention to accomplish such work unless an emergency exists. 2. COMPANY shall be responsible for arranging for any renewal or restoration of the non-standard street median improvements affected by such work by CITY. 3. CITY agrees to bear only the portion of the cost of any such renewal or restoration of the non-standard street median improvements, which would be incurred for the restoration or renewal of standard street improvements in the surrounding vicinity. 4. COMPANY agrees to pay any cost of renewal or restoration of the non-standard street median improvements in excess of the costs to be paid by CITY. (d) COMPANY agrees to defend, indemnify, waive and hold harmless CITY, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit that arise from, or are in any way related to, the installation, maintenance, renewal, restoration or replacement of the non-standard street median improvements. COMPANY is not obligated hereunder to indemnify CITY or its officers, agents or employees for injuries, claims, losses or damages that arise out of the sole negligence or willful misconduct of CITY, its officers or employees. 4. COMPANY agrees to provide and maintain the irrigation system at no cost to the CITY and bear the cost of providing water for irrigating the non-standard street median improvements. 5. COMPANY agrees that if the CITY should ever need to use the right-of-way over which the non-standard street median improvements are established, together with the 487/015657.0002 163837.04 a05/29/01 -3- landscaped areas, CITY can cause the improvements to be removed and face no liability to COMPANY for the loss of use of the landscaped materials and the non-standard street median improvements. 6. No breach of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any deed of trust, lease or lawful encumbrance made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale or otherwise. 7. These restrictions, covenants and agreements may be modified, amended or terminated jointly by the parties hereto, or their heirs, assigns or successors, expressed in writing and recorded in the Office of the County Recorder of Orange County, California. 8. The provisions hereto shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provisions hereof. 9. It is mutually agreed that this Agreement shall be binding upon the heirs, successors and assigns of COMPANY and shall be recorded in the Office of the County Recorder of Orange County, California. COMPANY may at any time, without CITY's consent, assign its rights and obligations under this Agreement to a community association or homeowners' association who shall be responsible for maintenance of the non-standard street median improvements. Upon such assignment, COMPANY shall be relieved of any obligations to CITY hereunder. 487/015657-0002 163837.04 a04/19/01 4- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a Municipal Corporation ATTEST: By: 46=MM % . �.. Mayor COMPANY PACIFIC BAY PROPERTIES, a California corporation By: U& — Its: OL V U PILOW 487/015657.0002 163837.04 a04/19/01 —5— CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. _7 On before me, ,.G Dale_CkNam and Title o Ricer (e.g "one Doe, Nota Public") personally appeared i UNDA MARIINSON Commission # t216920 �Z -� Notay Public - Cortomia z Orange County q MyC0rnrn.6#eSMay21,2�Xi Name(s) of personally known to me to be the person(,), whose name(�4 is/ayq subscribed to the within instrument and acknowledged to me that he/si 6/tqy executed the same in his/*/tt*ir authorized capacity(iy§), and that by his/*/tVir signature* on the instrument the person(h, or the entity upon behalf of which the person(`, acted, executed the instrument. WITNESS y hand and official seal. Place Notary Seal Above Signature o N 1 ry 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual i Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER of thumb here O 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.nalionalnotary.org Prod. No. 5907 Rearder. Call Toll -Free 14300-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 0 ss. On �D - `L1 " O) , before me,O���� `. C Dale (� Name an Tille of Officer (e.g.,"Jane Doe, Notary P tic" r personally appeared V�(U�� A4 r,. Z CATHY FISHER Commission # 1174329 z Notary Public - California Z Orange County My Comm. Bp1ires Feb 21, 2002 A personally known to me ❑ proved to me on the basis of satisfactory evidence to be the perso (s whose nann (s) is are subscribed to the within instrument and acknowledged to me that he/s he xecuted the sam in his/her/ eir authori capacity ies and that y his/her their signatur s) on the instrument the perso (s the entity upon behalf of which the perso (s acted, executed the instrument. 7 ESS my hand and official Place Notary Seal Above Si" 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 Attacht Title or Type of Document MII,�IIIL Document Date: l ' Number of Pages: Signer(s) Other Than Named Above: t, "X C,� 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 THUMBPRINT OF SIGNER of thumb here 0 1997 National Notary Association • 93W Do Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 Prod. No. 590 Reorder: Call Tall -Free 1-8M876-6827 EXHIBIT "A" TURNBERR DRIVE -yam I o FORD ROAD NON-STANDARD STREET MEDIAN IMPROVEMENTS EXHIBIT "A" TO ENCROACHMENT AGREEMENT ADD DECLARATION OF COVENANTS BETWEEN LANDOWNERS EXHIBIT `B" DESCRIPTION OF NON-STANDARD MEDIAN MAINTENANCE IMPROVEMENTS 1. Turf areas to be Double Dwarf Tall Fescue such as Medallion III 2. Tree planting includes twelve (12) Cupaniopsis anacardioides (Carrotwood) and seven (7) Pinus canarienses (Canary Island Pine) 3. No shrub planting in median 4. Accompanying irrigation system Note: Colored stamped concrete (Bomanite)—a standard street median improvement —is installed on the outer perimeter of median. 4871015657-0002 163837.04 a04/19/01 EXHIBIT "B„ Exhibit B DEPICTION OF LICENSE AREA One Ford Road Community Association Page B-1 Median Locations One Ford Road 0 Controller — — Meter k U APdiAWCg�SUtD pR NaR c[FN���s �+ 4 9s z Vi. ct© 40 a 0a RUE �'p1A�RGF �/SZAN o co HK' CANy��� ,fy�n SSA Ja�E W m S 7PEE RD m 6 IOG o Medians to be Maintained by the City _�,t W One Ford Road HOA " w" GIS IX.ief— Nu.eA— 21, 2022 wdw�.t,cr.,ao�_w.so„e.a One Ford Road Community Association Page B-2