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2018-0024938
Recorded REC FEE 32.00
Official Records
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Malin
RECORDING REQUESTED BY: RICHARD N.BENSON
A-zes.wx-.Recordpr
Town of Tiburon County ClArk-
AND WHEN RECORDED MAIL TO: 08:OOAM 13-JUI-2018 Page., I of 7
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Attention: Director of Community Development
AP # 039-151-64
1 THIS SPACE FOR RECORDERS USE ONLY
AGREEMENT FOR INSTALLATION AND MAINTENANCE OF
LANDSCAPING AND IRRIGATION
SARHANGI-WU MINOR SUBDIVISION
138 & 142 ROCK HILL ROAD
TIBURON, MARIN COUNTY, CALIFORNIA
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AGREEMENT FOR INSTALLATION AND MAINTENANCE OF
LANDSCAPING AND IRRIGATION
THIS AGREEMENT is made this NLday of J 4�n le--, 1201,Y,
between Caryn Wu and Amir Sarhangi, as Trustees of the Sarhangi-Wu Living Trust
dated June 20, 2016 (hereinafter"Property Owner"), and the Town of Tiburon, a
municipal corporation of the State of California(hereinafter"Town").
RECITALS
THIS AGREEMENT is based upon the following facts:
A. Property Owner is the owner of certain real property("Property") situated in
the County of Marin, State of California, more particularly described as
follows:
All that real property shown on the "Parcel Map Lands of Sarhangi-Wu",
recorded in Book Dd 8 of Maps at Page tl , Marin County
Records, on the 15-IN day of 2016.
B. By the terms of the Tentative Map approval as set forth in Planning
Commission Resolution No. 2015-09 at Condition No. 15, Property Owner is
required to install and maintain landscaping and irrigation in substantial
compliance with approved drawings, and to enter into an agreement with the
Town recorded in conjunction with the parcel snap.
C. Said approved drawings referenced in Recital B are entitled"Construction
Documents: Planting Plan, Irrigation Plan, and Planting and Irrigation
Details" (3 sheets; L2.0, L3.0 and L4.0), dated Ay- ts+ 1- a O 1 +
prepared by FIRMA Design Group, conformed copies of which are on file in
the Town of Tiburon Planning Division in File#PM2016-001,to which
reference is made for further particulars.
D. Both parties recognize that the installation and maintenance of landscaping
and irrigation is an integral part of the Property Owner's plan for development
of the property, and is necessary to carry out the purpose and intent of the
Town's Tentative Map approval, and that the development would not have
been approved by Town without the assurance that this Agreement would be
executed by Property Owner.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to assure (a) timely installation
of the landscaping, including irrigation, in accordance with the Town-
approved drawings referenced in Recital C above; and(b) continued
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maintenance and care, including replacement as necessary, of the required
landscaping and its supporting irrigation system.
2. PROPERTY SUBJECT TO AGREEMENT. The property which is the
subject of this Agreement is described as those portions of the property
containing the landscaping improvements as shown on the approved drawings
as set forth in Recital C above.
3. LANDSCAPING AS A BENEFIT. Property Owner agrees that the
landscaping and irrigation that he/she is obligated to install and maintain will
materially benefit his/her property and is necessary to comply with the
conditions imposed by the Town as a requirement of the development of the
property.
4. DUTY TO INSTALL AND MAINTAIN LANDSCAPING. Property Owner
agrees to complete the installation of the approved landscaping and irrigation
prior to the Town's issuance of a Notice of Completion for the Sarhangi-Wu
Subdivision Improvements, and to diligently maintain and care for the
landscaping and irrigation which he/she installs, using generally accepted
methods of cultivation, watering, and maintenance. Property Owner shall
maintain that level of standard care necessary to prevent the landscaping and
irrigation system from deteriorating to the extent that its value or function is
substantially diminished and/or eliminated. The term of the duty to maintain
the landscaping and irrigation is in perpetuity.
5. TOWN MAY MAINTAIN LANDSCAPING. Property Owner agrees that if
he/she fails to meet the standard of maintenance necessary to keep the
landscaping in a healthy condition, and/or the irrigation system in a
functionally effective condition, the Town will give written notice of the
deficiency to the Property Owner who shall have thirty(3 0) days-to make the
necessary correction. If Property Owner fails to make the necessary
correction within thirty(30) days, Property Owner authorizes the Town to
take the steps necessary to assure that the landscaping and irrigation system is
maintained and cared for. To do this, the Town shall serve notice of its intent
to enter the premises for this purpose. The Town shall either personally serve
the notice upon the Property Owner or mail a copy of it by Certified Mail at
the Property Owner's last known address, or as shown on the latest property
tax rolls, at least fourteen(14) days in advance of the date when it intends to
enter the premises. For this purpose, the Town may enter upon the property
and perform such work as it considers reasonably necessary and proper to
restore and maintain the landscaping and/or irrigation system. The Town may
act either through its own employees or through an independent contractor.
The Town has sole discretion to elect to take corrective action under this
Section; nothing herein shall create any rights in third parties for such action.
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6. TOWN'S COSTS OF MAINTENANCE A LIEN. If the Town incurs costs
in restoring or maintaining the landscaping after following the procedure set
forth in Paragraph 5 above, the Town shall make demand on the Property
Owner for payment, if the Property Owner fails to pay the costs incurred by
the Town within thirty(30) days of the date demand was made, the Town may
make the costs a lien upon the appropriate Lot owner(s) of the real property
described in Recital A above by recording a notice with the County Recorder
of Marin County stating that it has incurred expenses under the terms of this
Agreement. The notice shall state the fact that Town has incurred the costs
under the terms of this Agreement and shall state the amount, together with
the fact that it is unpaid, and draws interest at the rate of five(5)percent per
year until paid.
7. ADDITIONAL REMEDIES. The Town may as an alternative to the lien
procedures set forth above in Paragraph 6, bring legal action to collect the
sums due as the result of making the expenditures for restoration and/or
maintenance of the landscaping. The Property Owner agrees that if legal
action by the Town is necessary to collect the amount expended by the Town,
the Property Owner agrees to pay the Town a reasonable sum as attorney's
fees and court costs, together with interest accruing from the date which is
thirty(30) days after the Town has given its notice,under Paragraph 5 above.
8. NOTICES. Notice given by each party to the Agreement shall be given to the
other party at the Address shown below:
Notices to the Town shall be addressed to:
Director of Community Development
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Notices to the Property Owner shall be addressed to:
Trustees of the Sarhangi-Wu Living Trust
4 Antilles Way
Tiburon, CA 94920
When Property Owner ceases to be the owner, he/she may file with the Town a
notice to that effect containing the name and address of the new owner and a copy
of the deed. Upon doing so, the subsequent Grantee is charged with the
obligations created under this Agreement.
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9. MISCELLANEOUS TERMS AND PROVISIONS:
a. If any provision of this Agreement is adjudicated to be invalid, the
remaining provisions shall remain in full force and effect.
b. Notice to Property Owner shall be considered to have been given to
him/her when sent to his/her address as set forth in Paragraph 9 above,
or, if that owner/address is no longer accurate, to the address of the
property owner(s) of record as shown on the latest equalized
assessment rolls of the County of Marin.
c. This writing contains a full, final and exclusive statement of the
contract of the parties.
d. Property Owner appoints the Town as his/her Attorney-in-fact, to do
all acts and things which the Town considers necessary to restore or
maintain the landscaping that is the subject of this Agreement.
e. If there is more than one signer of the Agreement as Property Owner,
their obligations are joint and several.
f. The obligations placed upon the Property Owner signing this
Agreement terminate personally as to him/her when he/she conveys
his/her interest in the property and files for record with County
Recorder a copy of assignment of this Agreement. In this case the new
owner(s) takes title subject to the requirements of this Agreement.
10. AGREEMENT ATTACHED TO LAND. This Agreement pertains to and
runs with the real property described in Recital A above. This Agreement
binds the successors in interest of each of the parties to it.
11. TOWN MAY REQUIRE ADDITIONAL SECURITY. If upon execution
of this Agreement or during the course of performance the Town considers
it necessary to have the Property Owner post additional security to
guarantee the performance of his/her obligations, subject to the notice and
cure rights set forth in Section 5 above, the Town may require the Property
Owner to post additional security, not to exceed the reasonable value of
the remaining landscaping improvements to be installed and/or the
reasonable cost to restore landscaping improvements not being reasonably
maintained. The Town may require a surety bond guaranteeing
performance signed by sureties and in a form deemed satisfactory to the
Town Attorney. The condition of the security shall be that if the Property
Owner fails to perform his/her obligations, the security shall be forfeited.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year above written.
PROPERTY OWNER:
By:
Caryn Wu, rustee
Sarhangi-Wu Living Trust dated June 20, 2016
By:
it "ar an@, Trustee
Sarhangi-Wu Living T st dated June 20, 2016
TOWN:
TOWN OF TIBURON
A Municipal Corpor on
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By: brjVg Chanis rindirvld'Ly,a�111'111'.
auic orother officer cornh,:ziin;this certificate verifies only the identity of the
signed the documont to which!his certificate is attached,and not theIts: T wn Manger fulness,accuracy,or validity of that document.
State of ifoia County of )ss.
On i� rhe c ,NotaryPudic,
personally appeared �� •
Approved as to Form: who proved to me on the basis of satisfactory evidence to be the person(s)whose
pp name(s)is/are subscribed to the within instrument and acknowledged to me that
helshe/they executed the same in hisfher/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. 1 certify under PENALTY OF
PERJURY under the laws of the State of California that the forego' g paragraph is true
andcorrect. WITNESSmyhandan fficialseal.
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a— K—
Bentockown Attorney
HOWARD SALKIN
< COMM. #62115984 z
o Notary Public•California o
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Marin County
[Attach Notary Sheets as Necessary] t �5, N My Comm.Expires July 12,2019
6OF6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of
On ��02���? ' before me, /lA L�/2� /'�.NUJA7n� P1!2306 ,
Date J Here Insert Name and T106 of the Officer
personally appeared ( >24I1-
Name(s) of Signer(s)
who 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.
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
EMILY LEA STEFANI WITNESS my hand and official seal.
Notary Public-California
Marin County
i Commission#2169223 Signature
M Comm.Ex ares Oct 23,2020 9
ignature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
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