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Home My WebLink AboutSHEA HOMES LIMITED 1 N-2006-031 RECORDING REQUESTED BY: Chicago Title Company WHEN RECORDED RETURN TO: PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP (RAC) 2603 Main Street East Tower - Suite 1300 Irvine, CA 92614 The undersigned parties declare: I\,P. NO. 02-2'11-14- Documentary Transfer Tax $ 0 [Consideration less than $100.00] IDE.l:.D NO. 81681 MAINTENANCE AGREEMENT FOR THE RETREAT PUBLIC RIGHT-OF-WAY THIS MAINTENANCE AGREEMENT FOR THE RETREAT PUBLIC RIGHT-OF-WAY ("Agreement") is made and entered into as of the Z2..t1Ilday of i"\t.t..-ch , 200~, by and between SHEA HOMES LIMITED PARTNERSHIP, a California limited partnership ("Shea") its successors or assigns, and the CITY OF SANTA ANA, a municipal corporation (the "City"). Shea and the City may collectively be referred to herein as the "Party" or the "Parties". R E C I TAL S: A. Shea is the owner of certain real property approved for residential uses located in the City of Santa Ana, County of Orange, State of Caiifornia, more particularly described as Tract No. 16905, as shown on a subdivision map filed in Book _, Pages _ and _ of Miscellaneous Maps, Records of Orange County, California (the "Property"). B. Shea intends to impose on the Property the Declarations of Covenants, Conditions, Restrictions and Reservation of Easements for the Retreat, to be recorded in the Official Records of Orange County, as may be further supplemented or amended (each a "Declaration"). The Declaration(s) shall establish a planned development as defined in California Code Section 1351, and shall invest in Califomia nonprofit mutual benefit corporation as defined therein (the "Association") the power and duty to manage and operate a residential community on the property encumbered by said Declaration. C. City and Shea wish to provide maintenance obligations and to establish certain rights incidental to the public right-of-way ("ROW') within a portion of the Property as shown on Exhibit "A", attached hereto and incorporated herein. 1. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: Maintenance ObliQations of ROW. 1.1. Maintenance Area. Shea shall have the affirmative obligation at all times to cause that portion of the ROW, as shown on Exhibit "A" ("Maintenance Area ") and those improvements set forth below ("Maintained Improvements") to be maintained in a safe condition according to reasonable street and public right-of-way maintenance standards as set forth by the City. The costs of such maintenance shall be exclusively borne by Shea. Such Maintained Improvements shall include, but are not limited to the following: F:\REAL\622\34171001\Maintenance Agreement with City REV (c1ean).doc 3/22/2006 UJ Z. 4. ....J 'r cr: o :z w ~ ~ w ? Q! t::J <11 oi. .... ;2 ct .{ J... 1.2. Keeping the Maintenance Area free from debris and obstructions; 1.3. Repairing damage to the Maintenance Area and Maintained Improvements due to the elements and ordinary wear; 1.4. Maintain all frontage trees, specialty surfaces, and associated irrigation systems within the Maintenance Area. 2. Citv Responsibilitv. Graffiti removal and weed abatement within the ROW shall be the responsibility of the City and the cost of such maintenance shall be borne by the City. Except for those Maintained Improvements, the City shall be responsible for the maintenance of all street lights, underground utilities and pavement located in the Raw. 3. Use of ROW. The Parties agree that neither they nor any successor may erect any structure or conduct any activity or otherwise cause or permit any activity or situation to exist that will unreasonably inhibit or impair the use of the ROW created in this Agreement. The ROW shall be accessible by the general public. 4. Riaht of Citv to Remedv Failure of Maintenance Obliaation. If Shea fails to comply with the provisions of this Agreement, including any failure to maintain the Maintenance Area and/or the Maintained Improvements, as set forth above, then the City may deliver written notice to Shea identifying the specific defects regarding the maintenance of the Maintenance Area or Maintained Improvements. Shea shall have fifteen (15) days to correct the City's concerns. Notice provided by the City shall specify the date Shea must remedy the City's concerns in order to avoid action by the City. If the City determines a hazardous situation exists which must be remedied immediately ("emergency situation"), then the City will provide written notice to Shea specifying the emergency situation must be remedied within twenty-four (24) hours. If after notice from the City, Shea fails to correct the specific defects identified in the City's notice within the specified time period, the City shall have the right to remedy the defects. Shea hereby grants the City, or its assignees the right of access, ingress and egress upon and across the Maintenance Area as may be necessary to complete such work. The City may retain, at its election its own contractors, or the Association's contractors, or other third party maintenance company to complete the work. Any costs incurred by the City for maintenance of the Maintenance Area or the Maintained Improvements shall be solely borne by the responsible Association. The City shall provide an invoice for the maintenance cost incurred by the City to Shea. Shea shall remit payment to the City within thirty (30) days from receipt of the invoice. The Parties agree that any maintenance undertaken by the City under this section shall not terminate the maintenance obligation of Shea. 5. Indemnification. Shea hereby covenants and agrees to indemnify, defend, and hold City, its officers, agents, and employees harmless from and against any and all claims, damages (including damage to property and injury to persons), demands, losses, obligations, judgments, liabilities, costs and expenses (including, without limitation, attorneys' and other fees) arising from or in any way connected with or related to any of the following: (i) any lawsuit, arbitration, administrative proceeding or other legal action concerning the operation, maintenance or construction of the Maintenance Area and the Maintained Improvements by Shea and/or its agents and, (ii) any breach by Shea or the Association of any of its obligations under this Agreement. 6. Termination of Maintenance Obliaation. Shea shall have the ongoing maintenance obligation of the Maintenance Area and the Maintained Improvements therein, until such time as the City, at its sole and absolute discretion, elects to maintain such area at which time the ROW shall no longer constitute a part of the Maintenance Area. In such event, the City shall provide a notice of termination of the Maintenance Area and the Maintained Improvements in writing to Shea. 7. Assianment. Shea shall have the right, upon written notification to the City, to assign any or all of its rights and obligations set forth in this Agreement to an Association. Shea hereby covenants and warrants for itself and its successors and assigns, that, except as otherwise provided for herein, conveyance of any interest in the Property shall constitute an assumption by any successors, assigns or transferees of Shea, of the obligations under this Agreement. Upon such conveyance, the Association shall assume all rights and F:\REAL\622\34171001\Maintenance Agreement with City REV (c1e~.doc 3/22/2006 obligations of Shea set forth in this Agreement, and Shea shall thereafter have no further rights, liabilities or obligations under the Agreement and shall be released from all such provisions hereunder. 8. Successors and Assians. This Agreement shall run with the land and shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Shea and the City. The covenants, conditions and restrictions set forth in this Agreement shall constitute equitabie servitudes which shall run with the land. 9. Affected and Benefited Land. The land ("Affected Land") affected by the covenants contained in this Agreement is the Property and the Raw. The land ("Benefited Land") benefited by the covenants contained in this Agreement is the Property and the Raw. 10. Notices. Unless otherwise provided in this Agreement, all notices, demands, or other communications given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given upon personal delivery or as of the second business day after mailing in the United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows or to such other address or to such other person as the party may designate in writing to the other parties: If to Shea: If to Association: Shea Homes L.P. Keystone Pacific Property Management 603 South Valencia Avenue 16845 Von Karman, Suite #200 Brea, CA 92823 Irvine, CA 92606 Alln: Kelly Given Phone: (949) 833-2600 Alln: Retreat Maintenance Corooration If to City: City of Santa Ana Planning Division- Planning Manager Public Works - City Engineer 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Additionally, the Association shall fiie annually the names, addresses and telephone numbers of at least one member of its Board of Directors, and, if applicable, a manager of the Association with the City Planning Division - Planning Manager for the purpose of contacting the Association in the case of emergency or in those cases where the City has an interest in violations of this Agreement. 11. Lender Protection. Nothing in this Agreement shall be construed as giving any party priority over the rights of beneficiaries of first deeds of trust encumbering any portion of the Property. No breach of this Agreement shall invalidate the lien of any first deed of trust encumbering the Property. 12. Headinas. The titles or headings of the sections of this Agreement are not a part of the Agreement and shall have no effect upon the construction of or interpretation of this Agreement. 13. Execution in Counterpart. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. SIGNA TURES ON FOLLOWING PAGE F:\REAL\622\34171 001\Maintenance Agreement with City REV (c1earg.doc 3/22/2006 - Dated: IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as set forth below. 'B!zz!ey SHEA HOMES LIMITED PARTNERSHIP a California limited partnership By ;:~~ Title: Assista t Secretary Authorized Agent ~~; By: Title: Assistant Secretary Authorized Agent - ... TIM rtilZGuJ O/{ "SHEA" Dated: ~ /z Z (O,b CITY OF SANTA ANA, a municipal corporation F:\REAL\622\34171 001\Maintenance Agreement with City REV (c1ean).doc 3/22/2006 A':i "'-1 // /. . (-r-,. '/./ PATRICIAE. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney . oCr By k {'f/- Kylee 0, Otto Assistant City Attorney RECOMMENDED FOR APPROVAL: Stephen G. rding Deputy City Manager for Development Services "CITY" CITY OF SANTA ANA ~tZ DAVID N. REAM City Manager ~ F:\REAL\622\34171001\Maintenance Agreement with City REV (dean).doc 3/22/2006 ACKNOWLEDGMENT State of California County of o('a!J@C On kMcV1;!Z ,2006,beforeme, 'TrtACA-J 0ra.~"l-, NOTh''j \"u'ol,.:c ,personally appeared " ~I') \IQV$ -t ..... f' "'" , personally known to me (or proved to me on the basis of satisfactory evidence) to be he person(s) whose name(s) ~/are subscribed to the within instrument, and acknowledged to me that ~/they executed the same in~/their authorized capacity(ies), and that by Ri&IRer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I\~ (0(;;/1/\1. ' Signature \~ J\ " ", ," ~X , , , v ~,. e TRACY FRASZ COMM, 111428552 NOTARY PUBLIC. CALIFORMA ORANGE COUNTY " Comm, Exp, JUt Y 29, 2007 (Seal') ACKNOWLEDGMENT State of California County of On , 2006, before me, , personally appeared , personally known to me (or 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. WITNESS my hand and official seal. Signature (Seal) F:\REAL\622\34171001\Maintenance Agreement with City REV (clean).doc 3/22/2006 EXHIBIT "A" MAINTENANCE AREA F:\REAL\622\34171 001\Maintenance Agreement with City REV (c1ean).doc 3/2212006 ---. w. 0IlJ\NGE ROAD ,~ " ~ ,II EXHIBIT A TRACT 16905 ASSOCIA TION MAINTENANCE AREA LEGEND ASSOCfA nON MAINTENANCE AREA (ALL PUBLIC STREET STREET TREES, LANDSCAPING AND IRRIGA TION TO BE MAINTANED BY ASSOCA nON) STREET MAINTAINED BY CITY OF SANTA ANA 'it - - - WALLS MAINTAINED BY HOA SA -~~_:JIiifIII!.'=- WALL MAINTAINED BY HOME OWNER MY E ~ ~ 0 ~ 0 "- N N "- ~ ~ ~ 0 " 0 5 ~ ~ ~ ~ N m ~ -' w 0 Z w ~ ~ ~ ~ ~ ~ w g: w ~ " -' " ~ ~ if) ill I x w -' 0 z S -' 0 0 ~ 0 -' ~ N m ~ 0 5 /- ~ ~ ~ 0 ~ -' I iF al fit) E& M"V$44JI/;Jit~3i) :A3 , L_ iF I , Ill' I II 4 , f g hiY1C0/10) \UJ;4!)lci/li->rJii MEMORY LANE I ' ~ MAR 22, 2006