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Covenant Regarding Real Property Landscape Maintenance 1988-103304 ~ - /og80 .; .-:' .,+-,~' <" . 1315 8'8 .03304 ' '- '.' '," '": ~' Recording Reque'st'ed By: ) f corif\'tnr(R~gd;i,;- City.of poway ) OF S,J.. DiE!;!] fD:;:~i ......;7.. ) 'sOil N'R ,., illl 9' 12 LJ:..:,;,.,t lA, - When Recorded Mail To: ) I:'; _. ) . -I . ~~!E,/Jf} ,~-;~ I_ ':-'.i ;'~ , City Clerk ) . COVIll!'" .'(,.", ' ._<-_ " ",-,.;.I~.li City of poway ) .. -. P. O. Box 789 ) poway, CA 92064 ) ) , No transfer tax due ) (Space above for Recorder's Use) NO FEE COVENANT REGARDING REAL PRO~ERTY LANDSCAPE MAINTENAiicE' ' . The City of poway (hereinafter "c i ty"), a municipal corporation, and RAND R PARTNERS - POWAY (hereinafter "0wner'), a Cal ifornia Geri,eral Partnership, in consideration of the approval of the development by Owner of that real property hereinafter described in Exhibit "A", hereby covenant and agree for the benefit of City as follows: 1. RAND R PARTNERS - PO WAY is the owner of that certain real property described in Exhibit "All attached hereto and by this reference mad~ a part hereof, which is commonly 'known as that property bounded by Twin Peaks Road, pomerado Road, and future State Route 5'6, in Poway, California. Said real property is hereinafter referred to as the "Propertyll . 2. Owner has heretofore applied to City for various land use approvals in connection with the development of the Property. Said applications have been approved and developer is in the the process of fulfilling the condit'ions of said approvals. In connection with the development of the Property, Owner would normally be required to inst~ll the landscaping in the medians in 1 . . ..... # . 1316 . ~'t.' .. ~> t,he r oa dwa.y,S adjoining the Property, install the irrigation systems for said landscaping, agree to maintain said landscaping for a period of one ( 1) year, and thereafter pay annual assessment to City of poway Landscape Maintenance District 83-01 as Owner IS share of the costs of maintaining landscaping within said Landscape Maintenance Dist r ict. Owner and City wish to enter into this Agreement by the terms of which water service to the l!andscaped medians and electric service to that water system will be provided by Owner, Owner will pay i'ts assessment to the 'Landscape Maintenance District, and Landscape Maintenance . District 83-01 will reimburse Owner for the cost of water provided by Owner to irrigate said medians as determined by the City. 3. In furtherance of the desire of the parties as set forth hereinabove, Owner agrees to install all reqllired landscaping in accordance with plans approved by the City of Poway, and to provide water and electric service to said medians. Owner agrees to pay .its assess~ents to Landscape Maintenance District 83-01 in the amounts determined annually by the Ci ty of Po way. The City of Po'vay agrees to reimburse O'dner quarterly for the cost of water provided by Owner to irrigate said medians. The amount of water for which Owner is entitled to reimbursement shall be determined by City. City shall not reimburse Owner for the cost of electricity supplied by Owner to irrigate said medians. / / / / / / / / 2 - .. . ,. , " . . 1317 . ~....; ..~ In the event that at any time in the future City requires Ow n'e r to connect the water system in said medians to the system of the Landscape Maintenance District, Owner shall cause said connection to be made within ninety ( 90) days of written request by the City, at the sole cost and expense of Owner. If at any time in the future City requires Owner to provide new and separate electric service for the irr igat'ion system in said medians, Owner shall provide said service at its sole cost and expense within 90 days of written request therefor. * 4. This covenant shall run with the land and be binding . upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. 5. Owner agr.ee.s that Owner's duties and obligations under this covenant are a lien upon the Property. Upon notice and opportunity to respond, the City may add to the tax bill of Owner any past due financIal obligation owing to City by way of its covenant. 6. If either pa r t y is required to i ncu r costs to enforce the provisions of thi.s covenant, the prevailing party shall be entitled to full reimbursement of all costs, including r:easonablc attorneys' fees, from the other party. The Ci ty may assign to persons impacted by the performance of this covenant the right to enforce this covenant against Owner. 1 / / 1 1 1 / / * City may only require Owner to connect such water system and provide such new and separate electric service if adequate water service is not being supplied to the landscap'e medians. 3 , , .. . . ~ ,':. ..-:~ . ," 1318 . .- -, EXECUTED atPoway, California on the dates hereinafter indicated. R & R PARTNERS - POWAY, a California General, Partnership /~ / ," Dated: ~_ II,g5 By: /' Ro CITY OF POWAY Dated: 3// Iff' By: I ' . STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55. ~~MN~X0FxgXNXNX~ ) On February 11 , 1988 before me, the undersigned, a Notary Public in and for said State, personally appeared ROGER MOHRHOFF personally known to me or proved to me on the basis of satis- factory evidence to be the person who executed the within instru- ment as one of the general partners of RAND R PARTNERS - POWAY, the general partnership that executed the within instrument, and acknowledged to me that he executed the same on behalf of RAND R PARTNERS - POWAY, a general partnership, and that said named partnership executed the same. WITNESS my hand and official seal. SEA L e~ Public in and for Q .-. County and State NOTARY PIJBlIC'~ .. . ORANGE COUNlY . . My c.mtn,ExPI....MllIdl30.,I!l9II PWY/COV.RPR(kpm) 4