HomeMy WebLinkAboutContracts & Agreements_33-1994_CCv0001.pdf EXHIBIT "A"
AGREEMENT
THIS AGREEMENT is entered into this 9th day of August, 1994, by and between THE
REDLANDS COMMUNITY ASSOCIATION ("Association") and the CITY OF REDLANDS
("City").
).
RECITALS
WHEREAS, Association is an incorporated property owners' association responsible for
the operation and maintenance of the Common Area of a Planned Development project located
on Tract No. 12968 in the City of Redlands, County of San Bernardino, California (the
"Project"). Association's maintenance responsibilities are set forth in Article 5 of the
Declaration of Covenants, Conditions and Restrictions recorded against the Project (the
"Declaration"); and
WHEREAS, City is a general law city in which the Project is located; and
WHEREAS, Association and City now desire to enter into this Agreement concerning
the right of City to enforce the Declaration with respect to maintenance of the Common Area
by Association.
NOW, THEREFORE, in view of the foregoing, and in consideration of the mutual
covenants herein contained, the parties hereby agree as follows:
AGREEMENT
1. Association shall maintain the Common Area of the Project in accordance with
the standards set forth in the Declaration of Covenants, Conditions and Restrictions recorded
against Tract No. 12968, in the City of Redlands, County of San Bernardino, California.
2. If, in the opinion of the City Manager of City (or his authorized representative),
Association at any time fails to maintain the Common Area in accordance with the terms of the
above-referenced Declaration, City shall give written notice to Association, specifying the exact
nature of the deficiency. Written notice of the deficiency from City shall be addressed to
Association and shall require that Association take appropriate corrective action within thirty (30)
days of the date of such written notice unless there exists a hazardous condition creating an
immediate possibility of serious injury to persons or property, in which case the time for
correction may be reduced to a minimum of five (5) days. Association shall have the right
within ten (10) days of the date of such written notice of deficiency, to file an appeal before the
City Council of City for a hearing concerning the reasonableness of City's requirements as set
forth in the written notice of deficiency. The decision of the City Council on such appeal shall
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be binding upon all parties but may be appealed by Association through an a ro
in any court having jurisdiction. PP pnate action
3• The written notice of deficiency from City shall state the anticipated costs that
City would assess against Association for the corrective work to
Association, within the time set forth in the notice of deficiency t t accomplished. If
time as may be required to appeal the notice of deficiency o(the City Council on for such
undertake and complete the corrective work required m the notice of deficiency, )' does not
s agents may (but shall not be obligated to) undertake and complete such
corrective measures y, City or its
are set forth in the notice and assess the costs thereof against Association. In the vent City
undertakes such corrective measures, Association hereby grants to City and its agents such rights
of access, ingress and egress upon and across the Project as may be necessary to c g
work. ry complete such
4. Notwithstanding the provisions of Article 17 of the Declaration, City may elect
to enforce payment of such assessment through the procedures set forth in the Declaration for
the establishment of liens or through an action at law (which action may be brought without
foreclosing or waiving any lien securing such amount). In any such action, the prevailing party
shall be entitled to receive it's attorney's fees and costs, in addition to such other relief
be granted. as may
5• This Agreement represents the entire agreement of the parties hereto and
supersedes any prior oral or written agreements of these parties as to the matters contained
herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above written.
THE CITY OF REDLANDS
ayor
REDLANDS MOBILE HOME PARK
by: er Famil Truest, General Partner
by:
Donald F. Buhler, Trustee
THE IDLANDS COMMUNITY ASSOCIATION
by:
Its: Incorporator
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