HomeMy WebLinkAbout02919 - PALM SPRINGS VILLAS II TM 17377 LANDSCAPE MAINTENANCE J.F. Temple for PS Villas II
Homeowners Assoc - Lndscpe
LANDSCAPE MAINTENANCE AGREEMENT h1ntce Island San RafaelAGREEMENT 2919
P1 Dir signed, 9-21-81
THIS IS AN AGREEMENT by and between the City or Palm �prtnys, --
California (herein "City") and Palm Springs Villas II Homeowners
Association, a California Non-Profit Corporation (herein "Association") ,
made in view of the following recitals :
A. The Association is the Homeowners Association of a four
phase condominium project being developed by Palm Springs Villas II,
a Limited Partnership, on Tract 17377 in the City of Palm Springs ,
California.
B. One of the conditions of the approval by the City of the
condominium project for Tract 17377 is the construction by the
developer and the perpetual maintenance by the Association of landscaped
islands 950 feet in length, aggregating 9 , 350 square feet in San
Rafael Road, adjacent to Lots 1 and 2 of Tract 17377 (herein "San
Rafael Landscaped Islands") .
C. The Association has the right under the Covenants, Conditions
and Restrictions for the condominium project, to collect the expenses
of operations of the Association, including the sums that are payable
to the City under this Agreement from condominium owners and to collect
such sums through lien assessment processes .
D. The purpose of this agreement is to assure continued
maintenance and care of the landscaping of the San Rafael Landscaped
Islands.
NOW THEREFORE, IT IS AGREED by and between the Association
and the City as follows :
1 . The Association shall perpetually, at its sole cost and
expense, diligently maintain and care for the landscaping installed,
or to be installed, in the San Rafael Landscaped Islands pursuant to
the approved landscape plan by the City, using generally accepted
methods of cultivation and watering, maintaining that standard of
care necessary to prevent the landscaping thereon from deteriorating
to the extent that its value as landscaping is destroyed. In this
respect, a standard of care comparable to the standard of care
provided by the City on islands of a similar nature maintained by
the City, shall meet the maintenance obligations of the Association
under this agreement.
2 . The Association agrees that if it fails to meet the
standard of maintenance required by it under paragraph 1 above, the
City will give written notice, by registered or certified mail, of
the deficiency to the Association which shall have twenty (20) days
to make the necessary correction, and if the correction is not made
within twenty ( 20) days, the! City may elect to take the steps
necessary to assure that the landscaping is maintained and cared
for in which event the Association shall be liable to the City for
the costs incurred by the City in providing such maintenance. The
City shall serve a notice of its intent to enter the premises for
this purpose upon any of the officers of the Association by registered
To 1944 CA (R-")4) _ __. fl ,ON a....f. L.r.F..v... � y --------- the work.
(Individual) fC' TITLE INSURANCE
ANDTRUST lreement
STATE OF CALIFORNIA
I OS ATICOR COMPANY
COUNTY OF (� J
On before me, the undersigned, a Notary Public in and for said
State,personally appeared
w
W
W
W known to me
dent
a to be the person name .t-�C1 sn scribed
mto the within instrument and acknowledged that
executed the same. 41-1,61'
q?,,.�. OFFICIAL SEAL
WITNESS my hand and oF1'icial seal. KAREN M. WOOD
� 'S' NOTARY PU9LIC-CALIFGftNIA` �"'" PRIMIPAL OFFICE IN
.
Cb
t+ KCL_);` ORAM-E COUNTY
Signature V
,/ FLS: t+�n^ "e>tlmies�o:�E);pi,zs Oef.21, 19&3
(Thus area for official notarial seal)
2_ —_
CERTIFIED RESOLUTION
PALM SPRINGS VILLAS, II HOMEOWNERS ASSOCIATION
The undersigned, LAURA LEE TEMPLE, the duly appointed
Secretary of Palm Springs Villas, II Homeowners Association,
a California Non-Profit Corporation, certifies the Resolution
set forth below, was duly adopted by the unanimous action of the
Board of Directors of such corporation, pursuant to their written
consent on September 2411 , 1981, as permitted by the By-Laws of
such Corporation, and that: the Resolutions remain in full force
and effect, to-wit:
"WHEREAS, the City of Palm Springs, as a condition
to its approval of the condominium project for
Tract 17377, has required that the landscaped islands
in the street, San Rafael Road, adjacent to the Tract,
be maintained perpetually as a condition to the approval
of the project, and
WHEREAS, it is in the best interests of the owners within
the condominium project that perpetual maintance of
the landscaped islands be assumed by the Association;
NOW THEREFORE, BE IT RESOLVED the Landscape Maintenance
Agreement between the Association and the City of Palm
Springs, in the form attached to this Resolution as
Exhibit "A" is approved, ratified and confirmed, and the
President of the Association, James F. Temple, be and
he is hereby authorized and directed, on behalf of
the Association, to execute and deliver the Landscape
Maintenance Agreement substantially conforming to the
document attached, marked Exhibit "A" .
BE IT FURTHER RESOLVED that the Association, through
its officers and directors, are hereby authorized and
directed, to take such actions, and to do such
things as may be necessary or convenient to carry out
the terms of such Landscape Maintenance Agreement. "
Dated this clay of September, 1981 .
LgURA LEE TEMPLE` Secretary
TO 1944 CA (6.74)
Individual) =0 AND TRUSRANCE
STATE OF CALIFORNIA 1 ATMR COMPANY
,?t1
COUNTY OF
OLL�'p ,��
On �-�L ��1 �� before me, the undersigned, a Notary Public in and for said
State,personally appeared /
w Q as
known to me
a to be the person—whose name mu scribed
mto the within instrument and acknowledged that—J -
executed the same. !,,;t;��, OFFICIAL ti9. :'JE1 b
SEAL
,: �' KRR�(W
WITNESS my hand and official seal. .,,�y*�,,.• , ' NOTARY PUBLIC—CALIFORNIA �t
n
PRINCIPAL C;rWE IN
(�j' eVANGE COUNTY
Signature P#y QUr;;;raicstoa E::psres Oct,21, 1988
(This area For official notarial seal)
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