HomeMy WebLinkAbout2009-046690RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Arroyo Grande
PO Box 550
Arroyo Grande, CA 93421
k�n: Cit�ClerJ�c
JULIE RgDEWALD
San Luis 0 ispo County — Clerk/Recorder
Hecorded at the requesl ol
Public
ooca: ZOQ9046690
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DRAINAGE BASIN MAIrITENANCE AGREEMENT
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This Drainage Basin Maintenance Agreement ("AgreemenY') is made and entered into
this.t'/ th day of MitRC�} , 2009, by and between the City of Arroyo Grande
(hereinafter the "CITY"), a municipal corporation, the Brambles Homeowners' Associarion
(hereinafter the "BRAMBLES HOA"), a California corporation, and the Jasmine Place
Homeowners' Association (hereinafter the "JASMINE PLACE HOA"), a California
corporation. CITY, BRAMBLES HOA and JASMINE PLACE HOA are hereinafter
collecrively refened to as "the PARTIES".
RECITALS
WHEREAS, CITY is a municipal corporation formed under the laws of the State of
California; and
WHEREAS, BRAMBLES HOA and JASMINE PLACE HOA are both incorporated
homeowners associations formed pursuant to California Civil Code Sections 1363 et seq. to
manage, operate and maintain the common areas and interests of their respective common
interest developments; and
WHEREAS, on September 8, 1998, CITY adopted Resolution 3324 approving the
subdivision of 37 acres into 180 residential lots, a 0.75 acre public pazk and a 1.5 acre
drainage basin ("Drainage Basin") which is commonly known as "Berry Gardens"; and
WHEREAS, included in the Berry Gardens subdivision were 31 Patio Homes commonly
known as the "Brambles" with a common area, including the Drainage Basin, all of which
were required to be maintained by the 31 Patio Home developmenYs homeowners
associarion, BRAMBLES HOA; and
WHEREAS, on June 10, 2003, CITY adopted Resolution 3686 approving the subdivision of
5.23 acres into 47 residential lots which is commonly known as "Jasmine Place" and is
located immediately adjacent to the Brambles; and
WHEREAS, both the BRAMBLES HOA and the JASMINE PLACE HOA are legally
obligated to provide regular and ongoing maintenance of the Drainage Basin;
WHEREAS, the PARTIES wish to enter into this Agreement, on behalf of themselves, their
members, and their successors-in-interest and assigns, whereby the CITY will accept
dedication of and assume maintenance responsibilities for the Drainage Basin, pursuant to
the terms and conditions set forth herein, including the annual payments by the BRAMBLES
HOA and JASMINE PLACE HOA to CITY of their respective costs of maintenance of the
Drainage Basin as provided herein.
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions
contained herein, the receipt and sufficiency of which is hereby acknowledged, the PARTIES
agree hereto as follows:
TERMS OF AGREEMENT
1. Acceptance of Drainage Basin. Upon payment by BRAMBLES HOA of the
initial annual assessment referenced in Section 3.A.i and payment by JASMINE HOA of the
initial annual assessment referenced in Section 3.A.ii and the lump sum payment referenced
in secrion 3.B., as required hereunder, CITY shall proceed to formally accept the Drainage
Basin ("Acceptance") pursuant to that certain document entitled "Irrevocable Offer to
Dedicate" recorded November 3, 2000 as Instrument No. 2000065065.
2. Maintenance of the Drainage Basin. Upon formal Acceptance of the
Drainage Basin, the CITY shall be responsible for the operation, maintenance, repair and/or
replacement of the Drainage Basin. The CITY shall, in its sole discretion, determine the
maintenance requirements of the Drainage Basin, and when to undertake any such
maintenance. The CITY's decision not to undertake any specific maintenance shall not
relieve the BRAMBLES HOA or the JASMINE PLACE HOA of any of the obligarions and
responsibilities set forth herein, nar shall the CITY's election to undertake an extraordinary
amount of servicing or maintenance of the Drainage Basin in any given year have any effect
on the rights or obligations of the BRAMBLES HOA or the JASMINE PLACE HOA set
forth herein.
3. Costs of Maiatenance of the Drainage Basin.
A. Upon execution of this Agreement, and on or before each January 1
thereafter, the BRAMBLES HOA and the JASMINE PLACE HOA shall make the following
yearly payments to the CITY:
(i) BRAMBLES HOA. BRAMBLES HOA shall pay to CITY five-
hundred and twenty-five dollars ($525.00) per year.
(ii) JASMINE PLACE HOA. JASMINE PLACE HOA shall pay to
CITY one thousand and fifty dollars ($1,050.00) per year.
(iii) CPI. The yearly payments described in Section 3A(i) and 3A(ii)
above shall be increased each year in accordance with the inflarion rate established by the
United States Department of Labor Consumer Price Index for All Urban Consumers (CPI-Ln.
B. In addition to the payments set forth above, within fifteen (15) days of
the full execution of this Agreement, JASMINE PLACE HOA shall make a one-rime non-
refundable payment to the CITY in the amount of $15,400.
4. Release of Letter of Credit. Brambles HOA will take all necessary steps to
have Letter of Credit No. 2002-94-0002 and 2002-94-0003, issued by Mid-State Bank (now
Rabobank), securing Drainage Basin maintenance obligations of S& S Homes, cancelled.
5. Attorney's Fees; Prejudgment Interest. If the services of an attomey are
required by any PARTY to secure the performance of this Agreement or otherwise upon the
breach or default of another PARTY to this Agreement, or if any judicial remedy or
arbitration is necessary to enforce or interpret any provision of this Agreement or the rights
and duties of any person relating thereto, or a proceeding in bankruptcy is necessary to
enforce this Agreement or to obtain relief from stay, the prevailing PARTY will be enritled to
reasonable attomey's fees, costs, and other expenses, in addition to any other relief to which
such prevailing PARTY may be entitled. Any award of damages following judicial remedy
or arbitration as a result of the breach of this Agreement or any of its provisions will include
an award of prejudgment interest from the date of the breach at a maximum amount of
interest allowed by law.
6. Hold Harmless/Indemnification.
A. To the fullest extent provided by law, the BRAMBLES HOA shall
indemnify, defend and hold harmless the CITY and its respective officials, officers, directors,
agents, employees hannless from any and all claims, demands, actions, causes of action, obligations,
damages, liabilities, loss, costs or expenses, including attorney's fees of any kind or nature
whatsoever, whether or not known, suspected or claimed, caused, in whole or in part, d'uectly or
ind'uectly, from any act or failure to act by BRAMBLES HOA or any of its officers or agents, that
occur during or arise out of the performance of this Agreement.
B. To the fullest extent provided by law, the JASMINE HOA shall indemnify, defend
and hold harmless the CITY and its respective officials, officers, directors, agents, employees
hazmless from any and all claims, demands, actions, causes of action, obligations, damages,
liabilities, loss, costs or expenses, including attorney's fees of any kind or nature whatsoever,
whether or not known, suspected or claimed, caused, in whole or in part, directly or indirectly, from
any act or failure to act by JASIvIIIJE HOA or any of its officers or agents, that occur during or arise out
of the performance of this Agreement.
C. To the fullest extent provided by law, the BRAMBLES HOA shall indemnify,
defend and hold hatmless the JASMINE HOA and its respective officials, officers, directors, agents,
employees harmless from any and all claims, demands, actions, causes of action, obligations,
damages, liabilities, loss, costs or expenses, including attorney's fees of any kind or nature
whatsoever, whether or not lmown, suspected or claimed, caused, in whole or in part, directly or
indirectly, from any act or failure to act by BRAMBLES HOA or any of its officers or agents, that
occur during or arise out of the performance of this Agreement.
D. To the fullest extent provided by law, the JASMINE HOA shall indemnify, defend
and hold harmless the BRAMBLES HOA and its respective officials, officers, directors, agents,
employees hazmless from any and all claims, demands, actions, causes of action, obligations,
damages, liabiliries, loss, costs or expenses, including attorney's fees of any kind or nature
whatsoever, whether or not known, suspected or claimed, caused, in whole or in part, directly or
indirectly, from any act or failure to act by JASMINE HOA or any of its officers or agents, that occur
during or arise out of the performance of this Agreement.
7. No Inducement. The PARTIES hereto, individually and collectively, declare
and represent that no promise, inducement or other agreements, unless expressly contained
herein, have been made.
8. No Modifications. This Agreement contains the entire agreement between the
PARTIES and may not be altered, amended or modified in any respect except by a writing
duly executed by the PARTY to be charged.
9. Binding Effect. The terms, covenants, conditions and agreements contained
herein shall run with the land and shall be binding on the PARTIES and their heirs,
successors, executors, administrators and assigns.
10. No Waiver. The PARTIES, and their successors-in-interest and assigns, shall
have the right to enforce by any proceeding at law or in equity, all covenants now imposed by
the provisions of this Agreement. Failure by the PARTIES to enforce any covenant
contained herein shall in no way be deemed a waiver of the right to enforce any and all
covenants contained herein.
11, Authority. Each PARTY to this Agreement on behalf of an association or
other entity represents and warrants that he, she or it has the power or authority to execute
this Agreement on behalf of the entity that he, she or it represents and that this Agreement
has been duly authorized by the enrity.
12. Governing Law. This Agreement is to be govemed by and interpreted under
the laws of the State of California or, to the extent federal preemption has occurred, by the
laws and statutes of the United States of America, and venue shall be deemed proper in San
Luis Obispo County.
13. Severability. If any term, covenant, condifion, or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated hereby. All Recitals of this Agreement are incorporated
herein by this reference and made a part hereof.
14. Execution. This Agreement and any supplement, addendum or modification
may be signed in two or mare counter-parts, all of which shall constitute one and the same
writing.
Dated: 27 ��
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Br o eowners' Association
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Jasmine Place Homeowners' Associarion
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CITY OF ARROYO GRANDE
Tony Fe a ayor
Approved as to Content:
ve Adams, City Manager
Attest:
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Kelly e e, City Clerk
Approved as Yo Form:
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Ti� thy J. el, City Attomey
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State of California �
Counryof SflIJ �5C71��5P�
On �' Zl - d�/ before me, '(���� �7m�Ei�1.�'D�17�"(Zy �UBL! C- ,
Date �— Here Inseri Name ntl T�tle oi M� e OHicer T
personallyappeared ��NIEL (1�{�R�
Name(s) of Si9ner(s)
KELLY WETMORE
Commisaion r 1837570
Nopry Public - CaUfomla
San Wk ODitpo County
Canm. EM a hb 21. 2013 �
who proved to me on the basis of satisfactory evidence to
be the person(s) whose namejs) is/are subscribed to the
within instrument and acknowledged to me that
he/slaa�qey executed the same in his/peHNjeir authorized
capacity(aes), and that by his/4er{fHeir signature(�s) on the
instrument the person($), 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 han a official seal.
Signature
Place Notary Seal Above Sign Notary ic
OPTIONAL
Though the information be/ow is not required by law, it may prove valuab/e to persons re ing on the document
and could prevent iraudulent removal and reattachment of this lorm 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(s)
Signer's Name:
❑ Individual
❑ CorporateOfficer—Title(s): _
❑ Partner — � Limited ❑ General
❑ Attorneyin Fact
❑ Trustee
❑ Guardian or Conservato�
❑ Other:
Signerls
Number of Pages:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner-0 Limited ❑ General
❑ Attorneyin Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: _ _ _ _--_
Signer Is Representing:
RIGHTTHUMBPRINT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ���
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personally appeared
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Commisabn N 1E37570
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Conxe. F�021,2013
Place Notery Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(sj whose namefsj is/are subscribed to the
within instrument and acknowledged to me that
he/shefltiey executed the same in his/MeNtheir authorized
capacity(+esj, and that by his/#+eNtheir signature(sj on the
instrument the person(s�; or the entity upon behalf of
which the person(a7 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 ha nd offici I sea .
Signature ��"
gneture of Notery PuWb
OPT/ONAL
Though the information below is not required by law, it may prove valua6le to persons relying on the document
and could prevent fraudulent removal and reattachment ol 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(s)
Signer's Name:
❑ Individual
Number of
❑ CorporateOfficer—Title(s):
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On �'Z7'fl beforeme, t���V W�TMORF/(f��}i¢y�!(�f_/C ,
Date Here Insert Na antl Ttle of the Offi r
personally appeared
KELIY WETMOR�
commfeaax s �es�s�o
Notary PuDHe • CalHornfa
San luis OOkpo CouMy
Camm. res hb 21, 2013
WITNESS my ha d nd official seal.
Signature �—
Place NoWry Seal Above Si ture ot No�ary Public
OPT/ONAL
Though the in/ormation be/ow is not required by law, it may prove valuab/e to persons re/ying on the document
and could prevent fraudu/ent removal and reattachment of this /orm 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(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner — O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservaror
❑ Other:
Signer Is
who proved to me on the basis of satisfactory evidence to
be the person(,ej whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sHe%tFiey executed the same in his/kerkheir authorized
capacity(iesj, and that by his/hediMeir signature(� on the
instrument the person(ej, or the entity upon behalf of
which the person(,s3 acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Number of
❑ Individual
❑ Corporate Officer—Title(s): _
❑ Partner — 0 Limited ❑ General
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❑ Trustee
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