HomeMy WebLinkAboutLandscape Maintenance Agreement Form Appv'd by Bob Hargraves 01-2005
WHEN RECORDED MAIL TO:
City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
______________________________________________________________________________
LANDSCAPE MAINTENANCE AGREEMENT
PURSUANT TO CONDITIONS OF PROJECT APPROVAL
This Landscape Maintenance Agreement Pursuant to Conditions of Project Approval (the
“Agreement”) made and entered this __ day of \[month\] ________, 200_, by and between the
City of Palm Desert, a municipal corporation, hereinafter referred to as “CITY” and \[name of
developer\] ____________________________, \[legal description if appropriate\] a
___________________, hereinafter referred to as “DEVELOPER”. CITY and DEVELOPER
are sometimes hereinafter individually referred to as a “Party” and/or collectively referred to as
the “Parties”.
RECITALS
WHEREAS, DEVELOPER is owner of that certain real property located at _________,
in the City of Palm Desert, County of Riverside, State of California, Assessor’s Parcel
Number(s) ___________, hereinafter referred as the “Property”, and
WHEREAS, DEVELOPER will be developing the Property as described in Exhibit “A”,
attached hereto and incorporated herein by this reference, hereinafter referred to as the “Project”,
and
WHEREAS, on \[date\] _____, 200_, the CITY Planning Commission adopted Resolution
No. __, hereinafter referred to as “Precise Plan Number__/Conditional Use Permit__”, setting
forth development conditions for the Project to be developed on the Property. Said development
conditions require landscaping to be in substantial conformance with exhibits approved by the
CITY and on file with the Department of Community Development. Those exhibits include
landscaping working drawing and specifications, hereinafter referred to as “Plans and
Specifications.” Conditions of the Precise Plan/Conditional Use Permit also requires parking lot
landscaping to comply with the Master Parking Lot Tree Plan which specifies minimum parking
lot tree shading requirements and the Water Efficient Landscape Ordinance which specifies
minimum standards for water-efficient landscape requirements, and
WHEREAS, to insure continuing compliance with the landscape requirement of Precise
Plan Number/Conditional Use Permit, the CITY desires assurance that DEVELOPER and
successors will maintain said landscaping for the life of the project in a good workmanlike
manner, and
WHEREAS, DEVELOPER is desirous of maintaining said landscaping as required by
Precise Plan Number/Conditional Use Permit as an enhance of overall project quality and
desirability,
NOW THEREFORE, in consideration of the acceptance by the City of Precise Plan
Number/Conditional Use Permit, the Parties hereto mutually covenant and agree as follows:
TERMS
1. DEVELOPER agrees to maintain the landscaping installed pursuant to the Precise
Plan Number/Conditional Use Permit including, but not limited to, maintaining plant material,
irrigation system, hardscape, and all other landscape amenities as identified in the Plans and
Specifications.
2. DEVELOPER may request amendments to Plans and Specifications. The CITY
shall not unreasonably withhold approval of amendments provided they are consistent with
original intent, design quality and water efficiency of the Plans and Specifications
3. It is the CITY’s and DEVELOPER’s intent that should any right, title or interest
in and to the Property, or a part thereof, be sold or otherwise conveyed, that the obligations set
forth in this Agreement shall automatically become the obligations of the new title or interest
holder. The obligations set forth in this Agreement shall bind DEVELOPER’s heirs, successors
and assigns of the Property and the covenants contained herein shall run with the Property, and
those covenants shall benefit each and every other parcel of property located in the CITY. This
Agreement shall be notarized and recorded with the Riverside County Recorder’s Office.
4. In the event that DEVELOPER fails to comply with the terms of this Agreement,
the CITY shall provide DEVELOPER, or DEVELOPER’s successors in interest, with a thirty
(30) day written notice of default, which notice shall specify the nature of the default. In the
event that DEVELOPER or his successors in interest fail to cure the default within the said thirty
(30) days, provided following receipt of said notice, DEVELOPER has not commenced and is
not diligently pursuing cure of said default, the CITY may immediately take steps to cure the
default by curing the default itself and imposing a lien, pursuant to law, against the Property for
the cost of such cure. The imposition of a lien for failure to prove landscape maintenance on a
public right of way as required under this Agreement, shall be applied to the Property.
5. If legal proceedings are necessary to enforce or interpret the terms of this
Agreement, the prevailing Party, as determined by the court, shall be entitled to recover from the
other Party all costs and expenses of the proceedings, including reasonable attorneys' fees and
related costs.
6. DEVELOPER hereby agrees to indemnify, defend and hold the CITY and its
officials, officers, agents, servants and employees harmless from any and all liabilities, claims,
demands, debts, suits, actions and causes of actions, including but not limited to, property
damage, personal injury or wrongful death, arising out of or in any manner connected with any
act or omission of DEVELOPER, or its officers, agents, servants or employees, done or
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performed pursuant to the terms and provisions of this Agreement.
7. DEVELOPER, individually as the current owner of the Property and on behalf of
DEVELOPER’s heirs, successors and assigns of the Property, does hereby grant to the CITY, as
grantee, a lien on the Property, pursuant to law, which lien shall be enforced in the amount of all
fees and costs incurred by CITY in performing DEVELOPER’s obligations hereunder upon
DEVELOPER’s failure to perform same.
8. Any and all notice, including, but not limited to a notice of default sent or
required to be sent to the Parties to this Agreement will be mailed to the following addresses:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: _____________________
\[NAME\]
\[ADDRESS\]
Attn: _____________________
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
\[Signatures on Following Page\]
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CITY: DEVELOPER:
THE CITY OF PALM DESERT, _______________________________
a California municipal corporation a ______________________________
By: __________________________ By: _________________________
City Manager
Its: _________________________
Date: __________________________ Date: _________________________
(If Applicable)
ATTEST: By: _________________________
By: __________________________ Its: _________________________
City Clerk
Date: _________________________
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
By: __________________________
City Attorney
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On __________________, 200_, 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.
_____________________________
Notary Public
RMLIT/CZC/246403 - 5 -
STATE OF CALIFORNIA )
) ss.
COUNTY OF ___________ )
On __________________, 200_, 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.
_____________________________
Notary Public
RMLIT/CZC/246403 - 6 -