HomeMy WebLinkAbout49-90 1
F E / 0746825
FILED FOR RECORD
NI 6"i ClUES'i OF
RESOLUTION NO. 49-90 1,--aS V(SS
RESOLUTION OF THE CITY COUNCIL lasso.
S.
OF THE TOWN OF LOS ALTOS HILLS [ �� !.� !� 50 N ��
t:12APPROVING AND AUTHORIZING EXECUTION OF
THE LANDSCAPE MAINTENANCE AGREEMENT O� IC�AE.,�? C;{7iyD`'
BETWEEN THE TOWN OF LOS ALTOS HILLS SANTA-'CLAP& (OW i~'(
AND PATRICK AND BETTY NG LAURIE: t���.NE:
WHEREAS, a Landscape Maintenance Agreement was required to
be entered into as a condition of approval of the site
development permit for the real property commonly known as
12700 Leander Drive; and
WHEREAS, the City Council has read and considered that
Landscape Maintenance Agreement;
NOW, THEREFORE, the City Council of the Town of Los Altos
Hills does RESOLVE as follows:
Section 1. Public interest and convenience require the
Town's entering into a Landscape Maintenance Agreement for the
real property commonly known as 12700 Leander Drive. in Los Altos
Hills, and the City Council hereby approves the Landscape
Maintenance Agreement, a copy of which is attached hereto as
Exhibit A.
Section 2 . The Town of Los Altos Hills shall enter into and
the Mayor is hereby authorized and directed on behalf of the Town
to execute the Landscape Maintenance Agreement.
Passed and adopted this 19th day of September , 1990.
By /
Mayor
ATTEST:
\''''-- -)
C-'
ity Clerk .
PB\MAS\1494901S.W50
• , • L 5rig AGEO838
This Document Is Recorded
For The Benefit Of The
Town Of Los Altos Hills
And Is Exempt From Fee
Per Government; Code
Sections 6103 and 27383
When recorded, mail to
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Attention: City Clerk
LANDSCAPE MAINTENANCE AGREEMENT
This Landscape Maintenance Agreement is entered into by and
between the Town of Los Altos Hills, a municipal corporation of
the State of California ("TOWN") , and Patrick and Betty Ng
(collectively "OWNERS") , effective as of the latest date of
execution by any party hereto.
RECITALS
A. OWNERS own the real property commonly known as 12700
Leander Drive, Los Altos Hills, California described on Exhibit A
attached hereto (the "Property") .
B. OWNERS have applied to TOWN for a Site Development
Permit for a new residence and the TOWN has agreed to approve the
Site Development permit requested upon the condition, among other
conditions, that OWNERS comply with the requirements set forth in
this Landscape Maintenance Agreement.
NOW, THEREFORE, IT IS AGREED by the parties as follows:
1. Agreement. OWNERS, for themselves and their respective
assigns and successors in title, agree, at their own sole cost
and expense, to maintain or, if necessary, replace, or cause a
third party to maintain or replace, the Oleander hedge and the
trees on the Property, as such hedge and trees are shown on the
Site Plan on Exhibit B attached hereto.
2 . Maintenance. OWNERS agree to maintain properly the
Oleander hedge and the trees and further specifically agree:
(i) to keep the Oleander hedge and the trees in
healthy growing condition and in substantially the same/ condition
as of the date of this Agreement; or improved
(ii) to prune the Oleander hedge to provide maximum
screening of the Property from the road and adjacent properties;
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(iii) to maintain the Oleander hedge at a minimum height
of six (6) feet; and
(iv) if during the course of normal maintenance it
becomes necessary to remove or replace the Oleander hedge or any
of the trees, to use replacement plants of the same species, or a
species similar in nature andps4-z-e, as the plants they will
replace. minimum size of 5-gallon
3 . Failure to Maintain. If OWNERS fail, neglect, or
refuse to accomplish any maintenance or replacement determined by
TOWN to be required within ten (10) days after the mailing by
TOWN of written notice to OWNERS to perform such work, then such
work will be performed by the TOWN at the expense of OWNERS,
which expense OWNERS agree to pay to TOWN on demand. Any
expenses incurred by TOWN which are not paid by OWNERS within
fourteen (14) days of the date of the written invoice to OWNER
shall bear interest from that fourteenth day at the maximum rate
then allowable by law. At the election of TOWN, failure to make
payment shall entitle TOWN to a lien against the Property for the
amount of the payment due, and costs, expenses, and attorneys '
fees incurred in the collection of the bill or enforcement of
said lien in accordance with the provisions of the California
Civil Code.
4. Right of Entry. In the event TOWN deems it necessary
to perform the maintenance or replacement work pursuant to
paragraph 3 , OWNERS hereby grant TOWN, its employees or agents a
right of entry upon the Property as may be necessary to perform
such work.
5. Term. The covenants and obligations set forth in this
Agreement shall continue in full force and effect in perpetuity
from the date of recordation hereof, unless this Agreement is
amended by an agreement executed, acknowledged and recorded by
the parties or their successors or assigns.
6. Indemnification. OWNERS, for themselves and their
respective successors and assigns, do hereby indemnify and hold
harmless, the TOWN, its officers, employees, and agents from and
against any and all loss, liability, damages, expenses, claims,
and demands of whatsoever character or causes of action for
injury or death to any person, or damage to property which may
arise out of, or occur by reason of any act or omission on
OWNERS' part, or the part of any of them, in exercising the
rights and privileges granted to them by or in furtherance of
this Agreement, including all costs and attorneys' fees incurred
in defending any claim arising as a result thereof.
7. Successors and Assigns. This Agreement shall run with
the land and shall be binding upon the successors and assigns of
the respective parties hereto, and inure to the benefit of the
successors and assigns of the respective parties hereto.
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L 0 • 8 14 0
IN WITNESS WHEREOF, the parties have caused this Landscape
Maintenance Agreement to be executed on the dates set forth
below.
"TOWN"
TOWN OF LOS ALTOS HILLS,
a municipal corporation
Date: '&-.2-40 ! By:
Mayor
Attest:
City Clerk
"OWNERS"
Date: L/ 3 ) 0
Patrick Ng
Date: > q\ei
Beth g
PB\MAS\1494901R.W50
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•, 411
L 563Pn GE08
.Li•
State of California
ss
County of.�44& 6/a/° )
On this 3 "( day of ,4'i 5415/ _, 1990, before me,
/-f yt ,5,4 /7A-6-G/ r� , a notary public,
personally aptpeared Patrick and Betty Ng, personally known to me,
or proved to me on the basis of satisfactory evidence, to be the
persons whose names are subscribed to this instrument, and
acknowledged that they executed it.
, )(‘
OFFICIAL SEAL
HENRY SHEPHERD
Notary Public-California
t +
SANTA CLARA COUNTY , Notary Public for the
vMy Comm.Exp.July 2,1991 ; State of California
My commission expires:
5,(l,7 2- , 19 %/
State of California )
ss
County of )
On this day of , 1990, before me,
, personally
appeared , personally known to
me, or proved to me on the basis of satisfactory evidence, to be
the person who executed this instrument as
of the Town of Los Altos
Hills and acknowledged to me that the Town of Los Altos Hills
executed it.
PB\MAS\1494901R.W50
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R6 '1 pp cc. " •
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'LEGAL DE IP11011:
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' All that certain real property situate in the City of Loa AltoHills, County of
Santa Clara, State of California, descrbec: us follows:
PCEL ONE:
777 GE 304
All of Loc. 5, as shown upon that certain Map en4itled, "Tract No. 2904 which Map
wad filed for record in the office of the Recorder of the Couety of Beata Cia_ra,
State of California on Juno 1, 1961 in-Book 133 of Napa, pa ga 41.
PARCEL TWO:
A non-exclusive eaueaenc for ingre:ia and egress 4ad for tha installation and
maintenance of public utilities over, along snd under a strip of lend /ying
within Lots 3 and 4 and designated as driveway easeaent on the Map of Tract 2904
filed June 1, 1961 in Book 133 of Haps, at page 41, Santa Clara County Records.
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