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Home My WebLink About29-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Resolution authorizing and directing the execution of an Agreement for Landscape Maintenance Services with Essex Orangeshow Commerce Center LLC relative to Landscape Maintenance Assessment District No. 1038 (Parcel Map No. 16222 - Orange Show Road and Arrowhead Avenue). MCC Date: 05-02-2005 Dept: Development Services Date: May 2, 2005 File No.14.40-128 Synopsis of Previous Council Action: 11/01/04 - Parcel Map No. 16222 was approved, with conditions. 12/20/04 - Authorization was given to proceed with the formation of the Orange Show Road and Arrowhead Avenue area Landscape Maintenance Assessment District No. 1038, and Resolution of Intention No. 2004-390 was adopted. 02/07/05, 02/21/05,03/07/05,03/21/05,04/04/05,04/18/05 - Public hearing relative to formation of Assessment District No. 1038 was continued to subsequent Council meetings pending Landscape Maintenance Agreement with Essex Orangshow Comerce Center LLC Recommended Motion: Adopt Resolution ~~~ James Funk Contact person: LASZLO "Les" FOGASSY Supporting data attached: Staff Report, Map, Res., Agreement FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Phone: 5026 Ward: 5 (Acct. Description) N/A Finance: Council Notes: Agenda Item No. ~H 5/d.-J05 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 1038 ORANGE SHOW ROAD AND ARROWHEAD AVENUE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO (fr..l ""'-II) ...,. ,.... ,..... ,- W >- :J ~ Z 10 ~ 11 I 12 ,..... 14 I W ""- ,..- .,,- 13 ..- > @ @ @ ~ ..'@ J @ <( a:: <( ~ a:: . UJ I ORANGE SHOW LANE .:3 ,,,... ,...... ,,,... 9 ""- .,,5_ ~ @ 6 a.M_! . ..r_ ! 8 ..- ! . o <( w :r: ~ o 0::: 0::: <;( <D ~ @ @ -'~':"'ORANGE- SHOW-ROAD-- -- . (l) @ @ ...... @ ,.. ,..... ....... .... [il. @[g11 1i1j]~ OO@ ~iIi~ [iloli1j]o ~/~ Wii 1 /U7_ ~ ~ ~ 4 "If_ 2 .~- 3 I.f'_ p""" "''''411 ::J' ~ ~ () i:6 ~ ~ i c:i u Fltdll'1llwolllcllofllwClyCltfkIl'1U.ClyofSllnElemardilD lhiI_dllYof 20 RACHEL """" CIya.t,CllyofSanBemerdlno l"-bycerllfyhllhell1BPlhcJwlng"pIOpClMd~for AneamlntDlRtdNo. JZlnlheCllyofSan a.m.rdnD.County ofSan&em.nlno,StDafClMlmlll,_lIppIUWdbyIheMllyor and Cammon CouncI otllwCllyof San Bernardino Ill. ~ mMtirIglhMoof.hMIonlhe_~of 2O----1byRllaolulionHo. andhaabeenfllldlnlheaftlclloflhll Counly~ofSanBtmaldnoCountyOl'lIhe_d8y 01 20 II'1Book ~.\ of""'P*of~andeon...mky FlIdIlK~. RACHEL ClARK, Cly Clwk. ell)' of San e.m.dioo Recorded In lh80ftice ofthtl Cly En__thlI_dayof 20 CITY ENGINEER CllydSanBMwdIno u: u MI_IInMlItWl'1evIecI bylhe""'yill'andCommonCounclldlhe CllyofS.n BemBfllmonlhelols,plecell,and parc*ioflhelllnd .l'1oownonlt*~d~.&lId_lIIlWlI_llBvlIdon lhe_dlIyof 2O~1he -.menl~mandlhe~I'llI"""I'IINClIIdedInIhe ollIoeoflhlt CllyEnvk-ofl8ld Cllyon llw_.-y or 20 Rerenlnc:elllll8dekllllll _IIOlINO:lIdIdlnihi'Oiic.of"Clly~forllw ...ctamaunlofeachllUftMlllll!llrMdIlgllinBIMchparo.lofllnd lhownonlhll~dillgraIn. <Xi (fj I RACHEL CLARK. CllyClefk, Cly of San Bemardilll A ASSESSMENT OISlRlCT IOUHOAltY5HO'M\llHll$: _ _ __ MCAS Of MAIN1ENANCE sttenWt 1ttUSI ~ ASSDMNT Nl.I&RS StfOlMII 1HUS: ......... CITY OF SAN BERNARDINO DEPARTMENT OF DE'IIEI..ClflME SERVICES PUBUC WORKS DMSION LOCAnON OF ASSESSMENTDISl'RIcr ""'-- San Bemerdlno County ReconIer'a Cel1IIlca <D Thls I'NIp "I bMn fled under Document Number tl1Ia: day-of 2O__al_.mln """ " at~ allhllrequHtof "- InltMllll1'lOUntafS ...."ING NIl. 11327 I.4nyW_ AudIlor-ConIRlllrJRecorder County of San Bernerdno VICINITY MAP _..1... ORANOE SHOW ROAD AND AIUlOWKEAD AVl!NlJE AREA LANDSCAPE MAllm!.NANCE -L..... ASSESSMENT DJS1RICT -- By. o 1 RESOLUTION NO~V 2 A RESOLUTION OFTHE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH ESSEX ORANGESHOW COMMERCE CENTER LLC FOR LANDSCAPE 3 MAINTENANCE SERVICES FOR CITY IMPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1038 (PARCEL MAP NO. 16222). 4 5 Be it resolved by the Mayor and Common Council of the City of San Bernardino 6 as follows: 7 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 9 to execute on behalf of said City the Agreement Between the City of San Bernardino and Essex 10 Orangeshow Commerce Center LLC for Landscape Maintenance Services for City Imposed 11 Landscape Maintenance Assessment District No. 1038 (Parcel Map 16222), a copy of which is 12 attached and incorporated herein as Exhibit 1. 13 o 14 SECTION 2. The authorization to execute the above-referenced Agreement is rescinded if the 15 parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. 16 17 III 18 III 19 III 20 21 22 23 24 25 26 0' HElcj[EsscxLMDAgml.R<50 ] 1 -0 p-euuJ!j;~ ~'tLb .29 .<//)-1 'CJS- 27 28 o o 0' 1 A RESOLUTION OFTHE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH ESSEX ORANGESHOW COMMERCE CENTER LLC FOR LANDSCAPE 2 MAINTENANCE SERVICES FOR CITY IMPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1038 (PARCEL MAP NO. 16222) 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held on the _day 6 of , 2005, by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES 9 ESTRADA 10 LONGVILLE 11 MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 NAYS ABSTAIN ABSENT 17 18 Rachel Clark, City Clerk 19 The foregoing Resolution is hereby approved this _ day of ,2005. 20 21 22 JUDITH VALLES, Mayor of the City of San Bernardino 23 24 Approved as to form and legal content: 25 26 JAMES F. PENMAN City Attorney 27 2 28 Elcj(EssexLMDAgmt.Reso] Exhibit 1 o AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ESSEX ORANGES HOW COMMERCE CENTER LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY IMPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1038 (PARCEL MAP 16222) THIS AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ESSEX ORANGESHOW COMMERCE CENTER LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY IMPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1038 (PARCEL MAP 16222, recorded in Book 205 of Parcel Maps, Pages 19- 22 Records of San Bernardino County Recorder's Office) (the "Maintenance Agreement") is dated as of , 2005, and evidences the agreement of ESSEX ORANGESHOW COMMERCE CENTER LLC, a California Limited Liability Company (the "Property Owner"), as the owner of certain properties within the boundaries of the City of San Bernardino Assessment District No. 1038 (referred to herein as either "AD No. 1038" or the "Landscape District") which properties that are the subject of this Maintenance Agreement (the "Property") are shown in Exhibit "A" attached hereto, and the CITY OF SAN BERNARDINO, a municipal corporation and charter city of the State of California (the "City). o THE PROPERTY OWNER AND THE CITY HEREBY AGREE AS FOLLOWS: Section 1. Obligations of Prooertv Owner. (a) This Maintenance Agreement is entered into between the parties pursuant to the provisions of City of San Bernardino Municipal Code Chapter 12.90 and other applicable law, including without limitation, Streets and Highways Code Section 22500, et sea., for the purpose of providing for the private maintenance and operation of AD No. 1038. Exhibit "A" as attached hereto illustrates the entire boundaries of AD No. 1038 and includes therein a notation of the areas thereof that are the subject of this Maintenance Agreement which are intended to be maintained by the Property Owner (the "Property Owner Maintenance Areas"). (b) The Property Owner shall grant to the City a landscape easement in accordance with Municipal Code Chapter 12.90 for the Property Owner Maintenance Areas, to include the full width of landscaping from the public street hardscape, whether a curb or sidewalk as set forth in the Engineer's Report for the formation of AD No. 1038. (c) In the event the Property Owner does not grant the required landscaping easements for the land within the intended Property Owner Maintenance Area, then the City shall maintain such areas and annually collect the full amount of the necessary annual assessments in accordance with the provisions of Municipal Code Chapter 12.90 and as provided in the Engineer's Report and the formation documents for AD No. 1038. 0\ HE[cj[EssexLMDAgrmlApr28.Doc ] I o (d) o (e) To the extent that the Property Owner complies with the requirements of this Maintenance Agreement, including the minimum landscape maintenance standards as set forth in Exhibit "B" as attached hereto, AD No. 1038 shall be considered to be a "default assessment district" for which the City shall forbear the collection of assessments for the Property Owner Maintenance Areas but solely with respect to landscape maintenance costs as set forth in the Engineer's Report. The City agrees to forbear the collection of such assessments for the landscape maintenance costs for the Property Owner Maintenance Areas during the period of time that the Property Owner complies with the provisions of this Maintenance Agreement. Notwithstanding the foregoing, the City shall not forbear the collection of the first year assessments for AD No. 1038, and the Property Owner shall pay the City the first year assessments for AD No. 1038, which the City shall collect and hold in reserve until such time as this Maintenance Agreement is terminated, at which time the City may apply such reserve to the costs of AD No. 1038. Upon a default by the Property Owner of any obligation incurred pursuant to this Maintenance Agreement and termination of this Maintenance Agreement by the City, the City shall consider the Property Owner Maintenance Areas to be treated the same as any other property within the other landscape maintenance assessment districts in the City for which an annual assessment is collected by the City to pay for the landscape maintenance services performed by the City. Such assessment amount as may then be collected by the City shall be in an amount to payor reimburse the City for all costs incurred by the City resulting from the default by the Property Owner, including the costs of the annual maintenance of the landscaping and administration and collection of assessments related to AD No. 1038 during the year in which the default occurs and in each subsequent year thereafter. Beginning with the second year assessments and during the remaining term(s) of this Maintenance Agreement, the City shall not forbear the collection, and Property Owner shall pay City the annual assessments of AD No. 1038 attributable to the costs of Weekly Inspections, Annual Assessment Engineering, and Outside Department Services (collectively the "Administrative Costs") which are described in the Engineer's Report and the formation documents for AD No. 1038. Section 2. LandscaDe Maintenance. (a) The Property Owner recognizes that the City has initiated and completed proceedings to form a landscape maintenance assessment district for the purposes set forth in Section 2(b) below for the maintenance and servicing of public landscaping improvements on the Property situated within AD No. 1038 as permitted pursuant to Municipal Code Chapter 12.90. So long as this Maintenance Agreement is in full force and effect, the Property Owner shall be required to pay on the annual property tax bill all other costs of AD No. 1038 which are allocable to the Property Owner Maintenance Area with respect to Administrative Costs as determined in the Engineer's Report. o HE[ c)[EssexlMDAgrmt.Apr28.Dcc] 2 o o o (b) Within the Property Owner Maintenance Areas and so long as AD No. 1038 remains in full force and effect, the Landscape District and the special assessments as may hereafter be collected by the City each fiscal year may provide for the following improvements: (i) the maintenance and servicing by the City of any common area planting of landscaping within the AD No. 1038 which are of benefit to the Property as approved by the City and installed within AD No. 1038 pursuant to the Engineer's Report and the formation documents for AD No. 1038. As used herein, the words "maintenance and servicing" mean and refer to the furnishing of services and materials for the ordinary and usual maintenance and operation of the landscaping installed by the Property Owner in the Assessment District Areas as more specifically set forth in Exhibit "B"; and (ii) incidental costs associated with the maintenance and servlcmg described in subparagraph (i), above, including the costs of collection of the assessments as set forth in the Engineer's report and the formation documents for AD No. 1038. Section 3. Termination Right bv Citv. (a) The City shall have the right to terminate this Maintenance Agreement in the event the Property Owner fails to adequately perform the maintenance or the furnishing of services described in Section l(d) and Exhibit "B", as determined by the City Engineer or his/her designee, at his/her sole discretion, within the Property Owner Maintenance Areas or any portion thereof following at least thirty (30) days' prior written notice of the City to the Property Owner, ordering the Property Owner to perform the maintenance or furnishing of services described in such notice, as required by this Maintenance Agreement. Upon the expiration of such 30-day notice and cure period, in the event the Property Owner has not cured the default, the City shall have the right at any time thereafter to terminate this Maintenance Agreement effective upon the receipt of notice of termination by the Property Owner. Any such termination of this Maintenance Agreement must be approved pursuant to the official action of the Mayor and Common Council at a duly held and noticed public meeting, wherein the Mayor and Common Council shall be presented with the facts and circumstances of any alleged default together with any recommendations for the termination of this Maintenance Agreement. It shall be sufficient for purposes hereof that the action of the Mayor and Common Council shall be to declare a default hereunder by the Property Owner, and upon the expiration of the applicable notice period without an adequate cure having been completed, no further official action shall be required by the Mayor and Common Council for such termination to be effective. Upon the termination of this Maintenance Agreement by the City, the City shall thereupon no longer deem any portion of AD No. 1038 to be a "default assessment district" as to the Property and the City shall undertake the regular periodic landscape maintenance and collect the armual landscape maintenance amounts against the Property in the same marmer as with other properties within the other landscape maintenance assessment districts in the City. \ HE[cj[EssexLMDAgnntApr28.Dcx:] 3 c o o (b) The sole right of the Property Owner to contest any determination by the City for the termination of this Maintenance Agreement shall be. to appear before the Mayor and Common Council at the public meeting at which time it is proposed for the Mayor and Common Council to take official action with respect to such termination. The Property Owner agrees not to file any court action or to seek any judicial relief from any such determination of the City to terminate this Maintenance Agreement or for any interpretation of this Maintenance Agreement. (c) Unless waived by the City at its sole discretion, the Property Owner shall only be permitted to have one (1) default determined by the Mayor and Common Council pursuant to this Maintenance Agreement which may be cured by the Property Owner. Upon the occurrence of a second default hereunder, regardless of whether the prior default was cured by the Property Owner as may be determined by the Mayor and Common Council, this Maintenance Agreement shall terminate immediately upon the official action of the Mayor and Common Council determining such second default and calling for the immediate termination of this Maintenance Agreement. Section 4. Notices and Communications Between the Parties. (a) Any and all notices, demands or communications submitted by either party to another party pursuant to or as required by this Maintenance Agreement shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United States mail, postage prepaid, return receipt requested, or transmitted by FAX and confirmed by the sender by First Class United States Mail postage prepaid or by personal delivery and in each case, addressed to the principal office of the parties, as applicable, as designated below. To City: City of San Bernardino City Engineer City Hall, Third Floor 300 North "D" Street San Bernardino, CA 92418 To Property Owner: Essex Orange Show Commerce Center LLC 3146 Redhill Avenue, Suite 150 Costa Mesa, CA 92626 (b) Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate as provided in this Section. Any such notice, demand or communication shall be deemed to be received by the addressee, regardless of whether or when any return receipt is received by the sender on the date set forth on such return receipt, on the day that it is dispatched by messenger for immediate personal delivery, the date sent by FAX and confirmed by First Class United States Mail or two (2) calendar days after it is placed in the United States Mail or personal delivery as heretofore provided. HE[cj[EssexLMDAgrmt.Apr28.Doc] 4 c o o Section 5. Acceotance of Assessment Lien. The Property Owner for itself and its successors and assigns hereby acknowledges and consents to the collection of any special assessments as may hereafter be collected by the City under this Maintenance Agreement, at the same time and in the same manner as County of San Bernardino general property taxes are collected against real property, and all the laws providing for the collection and enforcement of County of San Bernardino property taxes shall apply to the collection and enforcement of any such assessments. Nothing shall prevent the City from accelerating the foreclosure of any assessment lien and independently pursuing judicial remedies for the enforcement of any assessment lien in the manner as may be available to the City pursuant to the Municipal Code or other applicable California law. Section 6. Term of Asrreement. This Maintenance Agreement shall remain in full force and effect for an initial term of twenty (20) years. Thereafter, this Maintenance Agreement shall automatically be extended for successive terms of ten (10) years each unless any party to the Maintenance Agreement provides notice of termination at least thirty (30) days prior to the end of that term. Section 7. Amendment and Termination. Notwithstanding any other provision in this Maintenance Agreement, (i) so long as Property Owner is the sole owner of the Property, this Maintenance Agreement may be amended or terminated by the recordation of a written instrument duly executed and acknowledged by the Property Owner and the City, and (ii) following the first close of escrow for the sale of a lot or condominium in the Property by Property Owner, this Maintenance Agreement may be amended or terminated by the recordation of a written instrument duly executed and acknowledged by the City and two authorized officers of the "Master Association" (as defined in Section 9 below) with such officers certifYing that the amendment or termination has been approved by at least sixty-seven percent (67%) of the voting power of the Master Association and by Property Owner if Property Owner still owns any portion of the Property. Section 8 Covenant Running with the Land. The provisions of this Maintenance Agreement shall run with the Property and any portion thereof or interest therein, and shall be binding upon and inure to the benefit of all persons having or acquiring any interest in the Property or any portion thereof, and their respective successive owners and assigns. Section 9 Master Association. Property Owner has formed the Essex Orangeshow Master Association, a California nonprofit mutual benefit corporation ("Master Association"), to act as the master owners association for the Property. Notwithstanding the provisions of Section 8 above, from and after the first close of escrow for the sale of a lot or condominium in the Property by Property Owner, the Master Association shall be responsible for the maintenance of the Property OwnerMaintenance Areas as required by this Maintenance Agreement. HE[cj[EssexlMDAgnntApr28.Doc ] 5 c o 0' AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ESSEX ORANGESHOW COMMERCE CENTER LLC FOR LANDSCAPE MAINTENANCE SERVICES FOR CITY IMPOSED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1038 (PARCEL MAP 16222) THIS MAINTENANCE AGREEMENT is executed by the authorized officers of the Property Owner and the City of San Bernardino and this Maintenance Agreement is effective as of the date set forth in the introductory paragraph hereof. CITY OF SAN BERNARDINO Property Owner Essex Orangeshow Commerce Center LLC, A California Limited Liability Company By: Judith Valles, Mayor By: Title: SEAL ATTEST: By: Title: Rachel Clark, City Clerk APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F. PENMAN, City Attorney "t. H<--. [ACKNOWLEDGMENTS] HE[cj[EssexlMDAgnnI.Apr28.Doc ] 6 o c 0' HE[cj[EsaexlMDAsnntApr28.Doc] EXHmIT "An MAP ILLUSTRATING AREAS TO BE MAINTAINED BY PROPERTY OWNER 7 o - I I W ::) - z w > <!: . - I ,I I->< .. 0 <!: w I $: 0 0 0::: 0::: <!: o l ASSESSl\IENT DIAGRAM ASSESSMENT DISTRICT NO. 1038 ORANGE SHOW ROAD AND ARROIVI1EAD A VENUE LANDSCAPE MAINTENANCE ASSESSMENT D1STRJCT IN THE CITY OF SAN BERNARDINO. COUNTY OF SAN BERNARDINO Property Owner Maintenance Areas (10.-'1""'.-,,) u..n' '&1..' '0 . " . ~- '0- I @ t ~ @ . nl. . - ORANGE SHOW ~ ,~- ,.- ! , 7 ! 5 ...-! .-- .Q- . . . 0> @ <l> @ ! " . LANE ,... 4" ,..l! -, >- .. ~ I "--:I <: @! @ OC .10 5 Vl .~.-& I 12 ..- .- 13 " .0- ,..... 8 ! , ~ ~- ~- , @ @ -- -- ....... -. 1@~~ ,j;. ~~ ~G~I' ~..~Z; " :;:.b.,; ':;]1 JiJ'..J-' }DiJ; CD C%l Q) ~.~ .~ OR~NG:- ~HO\~- . c , ! 2 , ,r'_ ! .,,- ..~ lOC'T1CNQF "~Sf..sS"'E~ 01)7'R:CT ~- VIClNln' MAP <C ~ 0 ! J "'- , ! . ..,,- . @ . . I ROAD---J.- ... -/.., AS7:SSIOlf I)Snaer ~T"""Jlot.1'S,.---- A/ft..JAj rllI....lOlAlf(l 9t(JlfIIH tHus. P'x?)()tx1 AS:5DM)fT ~ ,..0* 1k.Is. CD ---- -- CITY OF SAN BERNARDINO OE"'","",["" OF O(VElOf'Iol[NT SOI'-'C[S PUBUC wORKS DIVISION 0.....(,1 ~HO.. '0"",, ....0 ""'.O....."UO ...\,/out. ".f..A,I..AfII1JSC...,t._I~ ...l.U.~"f""" o'STl.ICT EXHIBIT "A" ,..."'___...Cltrc-.....c...----- IN_Mral I'll .... ~ 2: .. J: U ill '" <l: U 2: ~ t:. Q RAOon Q.A,Il,II. Ctya.t..c..,,,,s-....- 1--........_.._.-.----.... _0.__ ~.._c..",s-____c......., 111_......... ..-.,c-.... ___"......... _c..o_CDutd.."'UllfII____........ -.--......-.,. 10_"'''--_ _"'".__.......<A... t.a.nI'Y~tIIs......._~......_., .. 10 ...... ""-'1 <A...IlO,.~...C;;;;;;;; ,.._-0;;;;;;- ItAOtHCiJoIIII(. C...c::lon CJry..,s-e___ 111_""''''' "'.. C"E__.... .....", . - o C~E..Gooo((1II c,,"'Son........_ '" "" .....-.. _._",... __ _ c-- c..-__ c..."'$o"____..._ _ -........,..- ._...._.__..0..9"".... s...____.. ".. UJ" :0 ... ....-=~....~~-..;;.....,.. ~._..,....c;..,E"lI_.,.....c.........._....,<A :0 ,......_._._ ;..__....__..;;;-:-"........."..CI,E_ ...... .o.&f:'......"'rtt_ft._........."'_.............._rtt_ .__........-....."'~lI<jn... cri IlAO<E.:'-""'" c.c,QeA :...Gl........-- I LA IJCN.(.. 1'.'0171 s." lIe<O'l.r":I"":1 Couft'" ","""""",,I C..w.1I T..I....II""'"lM..,fj..,.."CI.~ ~u...b.. III. 0:1.,<:1 1'O_.1l'=;;;;:- ""' 0' __ "llO~ .,.,..,..,....01 ,..1/'1......,..,'011 DR"VINe; .., 1132iA """W_ AuG,.....cor-w"'-'lNl' c~ 01 s.......-.a _...1.... ...J...._ ., ,,-,,- o c o EXHffiIT "B" PROPERTY OWNER MAINTENANCE STANDARDS The Property Owner hereby agrees to maintain the landscaping improvements located within the area identified more precisely in the drawing included in Exhibit "A" which areas are on or adjacent to the Property of the Property Owner and located within the Property Owner Maintenance Area. The Property Owner shall be solely responsible for all costs incurred in fulfilling the obligations under this Maintenance Agreement and shall be solely responsible for any injury, damage or loss to any person or other properties that occur within the Property Owner Maintenance Area whether or not caused by or contributed to by the Property Owner so long as this Maintenance Agreement is in effect. The Property Owner shall maintain the landscaping improvements, including the irrigation system, as required by this Maintenance Agreement in such condition that is comparable with other quality landscaped public areas located within the City and free from any decaying plants or dead or withering plants with all grass and other plantings and trees to be trimmed in an acceptable manner and maintained in a healthy and vibrant condition. All grass areas shall be mowed on a regular basis so that the condition and height of the grass areas are comparable to other well maintained business park and industrial park sites in the region. Adequate soil and plant nutrients shall be applied to all vegetation to ensure healthy plant growth and resistance to heat, adverse weather conditions, insects and plant disease. All plantings shall be replaced and the irrigation system shall be repaired and maintained at the sole cost and expense of the Property Owner as frequently as necessary as shall be reasonably determined to ensure the visual quality of the landscaping treatments. The Property Owner shall provide for adequate amounts of irrigation water to be applied pursuant to an irrigation schedule and at times of the day and for such durations to be determined based upon the season of the year. All weeds and other foreign vegetation shall be removed so that such weeds and vegetation are not visible from public right- of-way and are not allowed to remain so as to cause unsightly areas to develop or to allow such weeds and vegetation to produce seeds that may infest other areas within AD No. 1038 and other adjacent and surrounding areas. The above-described maintenance of landscaping improvements shall at a minimum, comply with the City's Standard Specifications for the maintenance of landscaping within the City's Landscape Maintenance Assessment Districts on file in the Office ofthe City Engineer. HE[cj[EssexLMDAgnntApr28.Doc ] 8 1. ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** ~ RESOLUTION AGENDA ITEM TRACKING FORM M,_ "". (D.. Ad'1'l'" <;, ~ - 0(;".. d-'1 R=],,"oo' fJ-oVS' - { 0 ~ Vote: Ayes '-L Nays Abstain Absent Change to motion to amend original documents 0 Companion Resolutions N ull/V oid After: days I Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signatur : Date of ClerklCDC Signature: Reso. Log Updated: Seal Impressed: ~.. ~ ;" ~; Date MemolLetter Sent for Signature: I" Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 ~ ~ ~ .. ~." Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_ Yes No By_ Yes No By_ Yes No By_ Yes No By_ Copies Distributed to: y> " & Animal Control 0 EDA ~ City Administrator ~ Facilities City Attorney Finance Code Compliance ~ Fire Department Developmen Others: Notes: Ready to File: Information Services 0 Parks & Recreation 0 Police Department 0 () ~:t;;~nt ,8 ~ ,7.!J(}S "'U71{17,J . Revised 12/18/03 "\. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 9, 2005 TO: Laszlo "Les" Fogassy, Real Property Supervisor FROM: Eileen Gomez, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2005-109 At the Mayor and Common Council meeting of May 2, 2005, the City of San Bernardino adopted Resolution No. 2005-109 - Resolution approving an agreement with Essex Orangeshow Commerce Center LLC for landscape maintenance services for City imposed Landscape Maintenance Assessment District No.1 038 (parcel Map No. 16222). Attached is a copy of the resolution, one (1) original agreement and two (2) duplicate original agreements, executed by the Mayor, City Clerk and City Attorney. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to my attention. Please distribute the remaining agreements accordingly. If you have any questions or need further assistance, please do not hesitate to contact me at ext. 3206. Thanks and have a great day! Eileen Gomez Senior Secretary I hereby aCkn~W~ receipt of the above mentioned documents. Signed: ~~ 1 Please sign and return Date: Sj tlf~r