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1 Poppy Trail & 4 Poppy Trail, Consent to Complete Work on Properties• C14 ofieo ffinS �ae� • INCORPORATED JANUARY 24, 1457 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember November 2, 2005 Ms. Vivian Hayes County of Los Angeles Registrar-Recorder/County Clerk Document Analysis & Recording Section 12400 East Imperial Highway Norwalk, CA 90650 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: Document Recordation, City of Rolling Hills Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 1 Poppy Trail (Hui-Tse Sheen) and at 4 Poppy Trail (Manelaous Saridakis). First Amendment to Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 4 Poppy Trail (Lisa Saridakis). Dear Ms. Hayes: We are hereby requesting recordation of the enclosed documents against the following properties: • 1 Poppy Trail, Rolling Hills, CA 90274 (Hui-Tse Sheen). • 4 Poppy Trail, Rolling Hills, CA 90274 (Manelaous Saridakis). • 4 Poppy Trail, Rolling Hills, CA 90274 (Lisa Saridakis). Per your request, we have made the corrections as noted on the form that you mailed to us (copy attached). We understand that governmental agencies are exempt from paying recording fees pursuant to Government Code Section 27383. @Printed c.'n Recycled Pang_; . • Please mail the recorded documents to the City of Rolling Hills. If you have any questions or require additional information, please call us at (310) 377-1521. Thank you for your cooperation. Sincerely, -- Marilyn Kern, Deputy City Clerk City of Rolling Hills CRN: en End: 11-2-05SheenSnrndRccordation.l tr DATE: TO: C a/leoeen9 �uP� INCORPORATED JANUARY 24; 1957 FAX COVER SHEET NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TIME SENT: FROM: FAX: OPERATOR: SUBJECT: REMARKS: (;)(0 rev Tre-t_i ‘e-t- AotAi< a 1A tTve �✓t � 4-4 w k kite( � slA,o wl.k Aa roYLA., .cf.a.c. TOTAL PAGES (including cover sheet): ti If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 TY OF LOS ANGELES • REGISTRAR-RECORDER/COUNTY CLERK P.O. BOX 53115, LOS ANGELES, CALIFORNIA 90053-0115 / (562) 462-2125 CONNY B. MCCORMACK REGISTRAR-RECORDER/COUNTY CLERK EWA NIKODEM ate: OCTOBER 24, 2005 CITY OF ROLLING HILLS OCT 2 7 2005 Re: (3) AGMT. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 CtTYOFROLLING HILLS SHEEN; ET.AL. By $ NO FEE ENCLOSED The enclose document is being returned unrecorded. Please correct/comOte-the information as noted below and/or on the reverse s}de of this letter. NOTE: Problem area is indicated by green (—Yon document. 1. (A) Legibly print or type name of principal [Grantor/Grantee; First Party/Second Party; Trustor; Trustee; and/or Beneficiary] in caption and/or below signature. (B) Legibly print or type name of company/corporation/partnership/agency above signature. (C) Indicate on the document the first and last name of each individual (D) Name of principal ( ) must agree in caption, execution and acknowledgment. (E) Document must be signed by the principal ( ). (F) Designate party signing as near execution. _ (G) If is the owner or is doing business as please indicate this fact near the signature. If this is not the case, indicate signor's capacity near signature. (H) For recording purposes, the execution by mark is improperly prepared.- Please review the enclosed bulletin. (1) For recording purposes, the Attorney -in -fact execution is incorrect. Please have the document re-signed in the following manner: "(Name of Principal) by (Signature ofAttornev-in-fact) , as (his/her/its) Attorney -in -fact". 2. _ For recording purposes, please submit the document that contains the origin/signature(s) of the principal; and/or, the original signature and seal of the notary public. (Note: Facsimile signature(s) is/are unacceptable.) 3. _ Indicate:_ (a) name and address for return by mail and/or title of document on cover page. (b) the Assessor's Parcel/ Identification Number (APN or AIN) on the document (please refer to the property tax bill or title report); _ (c) the name and address to be used in mailing future tax bills on the bottom of the first page of document. 4. _ The enclosed document(s) does (do) not meet the statutory requirement for recording space. See enclosed notice. 5. _ Documentary Transfer Tax (Declaration) is required. The law requires that a tax be paid upon the transfer of real property based on the consideration or value of the property or the consideration or value less existing liens and encumbrances, i.e., mortgages, if any. 6. _ Recording Fee $ Fee For Certified Copy $ Survey Monument Fee $ - Transfer Tax': Los Angeles County $ City of $ *The amount of the County Documentary Transfer Tax is calculated by determining the value of the real property, minus the amountof existing liens or encumbrances, if any. The rate is $.55 for each $500 of value or consideration transferred. EXAMPLE.- Real property value $100,000 less assumed loan(s)- None; Documentary Transfer Tax Due - $110.00 See enclosed bulletin for City Transfer Tax when applicable. [GRAND TOTAL $ . See enclosed bulletin(s).] 7. _ (A) For recording purposes, the document(s) and recording fee(s) must be submitted together. (B) Please sign check and/or make payable to the Los Angeles County Registrar-Recorder/County Clerk. (C) This office cannot accept checks showing a date six (6) months or older. Please issue a new check for recording. 8. (A) A Preliminary Change of Ownership Form, or an additional fee of $20 is required for recording. See enclosed notice. _ (B) The Preliminary Change of Ownership Report is incomplete or incorrect. Please complete or correct green checked areas of the form. See enclosed instruction sheet. (C) Pursuant to a"change in the law, effective January 1, 1991, the Preliminary Change of Ownership Form must be signed by the transferee or an officer of the transferee and can not be signed by an agent acting for a transferee. 9. _ (A) Acknowledgment before the notary public was omitted or improperly completed. Please have the notary public fill out the form printed on the document or the attached notarial form provided by this office. _ (B) Notary seal and/or signature of notary must be affixed, OR seal is illegible and must be restamped (see enclosed bulletin). _ (C) The acknowledgment must reflect the correct county and state where the signing party appeared before the notary public. Please have the notary public make the necessary correction. 10. _ Document must be subscribed and sworn to before a notary public or contain a penalty of perjury statement. Please complete the appropriate section of the document, or the form we have attached. 11. _ See the page attached for additional instruction/correction. (PLEASE SEE REVERSE SIDE) R 742 / 900 12 / 04 12. The Deed (Easement) must contain or have appended to it a Resolution or Certificate of Acceptance signed by an authorized official of 1 13. _ For re-recording pure _ : _ (a) state the reason for re-recording. This statement uld be placed on the first page of the document. _ (b) a RE-ACKNOWLEDGEMENTis required, showing the date that the principal re -appeared before the notary public. _ (c) the original lead sheet, containing the recording information, must be attached. 14. _ Recording reference (Date and Document Number or Book and Page) of the prior recorded document is incorrect or was omitted. Please check your title report or original document for reference. - 15. _ (A) Affix the exhibit, attachment, or rider to the • ` . It was not attached as stated. (B) If the attachment ( ) is intended to be a part of the document, please label it as exhibit, schedule, etc. and make reference to it in the body of the document [e.g., "See Exhibit 'A' attached hereto and made a part hereof"]. _ (C) Detach and retain the . It is not required to record the 16. _ (A) State or clarify the name of the county in the body of the document. (B) Recording cannot be performed in this county. Forward to county shown on document. 17. _ (A) Complete legal description and/or street address must be provided. _ (B) If an incomplete legal description or the street address is provided in lieu of a complete legal description, Survey Monument Fee will be required. See enclosed bulletin. 18. _ The entire document or portion of the document is/are readable but is/are not sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correct the defect. 19. _ (A) For recording purposes, we must have the copy of the document that is certified by the Clerk of the Court of Record. Any changes or additions to the copy must be initialed by the Clerk of Court. _ (B) Please have the Clerk of the Court of Record complete and initial item 2A of the Abstract of Judgment. (C) A certified copy of the Judgment must be attached as stated in item 2B of the Abstract of Judgment. Please be informed that a certified copy of a "Notice of Entry of Judgment" is incorrect. 20. _ A certificate of release of lien or a certified copy of an instrument issued by any government agency must not be enhanced (i.e., for illegibility), altered or changed in any way except by the issuing entity. Please contact the issuing entity , to obtain a duplicate original and/or certified copy for recording purposes. 21. _ The enclosed check/money order (amount shown on reverse side), Preliminary Change of Ownership Report and/or correspondence/ letter was(were) sent without the required document, or was(were) sent in error. 22. We have found the enclosed document(s): (a) to be unacceptable for recording as presented, or (b) to have no provision in the California State Law authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 23. _ (A) If it is your intent to terminate a joint tenancy interest, please see enclosed bulletin. (B) The information in the Affidavit -Death of Joint Tenant is incomplete or incorrect. Please refer to the document that created the joint tenancy or contact your legal advisor. _ (C) A certified copy of the Death Certificate must be attached. An "Informational Only" copy of certificate is not acceptable. 24. A document which is not entirely in the English language must be translated by a court -approved translator. See enclosed bulletin. /f items 25 thru 28 have been checked, the problem relates to the Documentary Transfer Tax. 25. _ The statement on the face of the document that explains why the conveyance is exempt from the Documentary Transfer Tax is insufficient. Based on the explanation provided, it would appear that the tax is due. A Notice of Exempt Transactions Under the Documentary Transfer Tax is attached for your review. 26. _ (A) Legibly print or type the amount of tax(es) due in the tax declaration space. (B) Designate in or near the document's tax declaration that the tax was either "computed on full value of the property conveyed or computed on full value less liens and encumbrances remaining at the time of sale". (C) The name of the city or unincorporated area must be shown. If the property is located in more than one city or unincorporated area, include the tax amount for each city and/or unincorporated area. (D) Sign your full name in the tax declaration. If you are executing the document as an agent, the firm name should also be included. (E) The term of the lease should be indicated on the lease or assignment (near the tax declaration or on a separate attachment not to be recorded). 27. _ (A) The Documentary Transfer Tax Declaration appears to indicate an incorrect amount of tax. (B) In addition to the Los Angeles County Transfer Tax, a City Transfer Tax is due. (C) Unless informed, this office must assume that the enclosed Deed of Trust represents part of the purchase price, requiring the payment of a Transfer Tax for an amount of at least equal to the indebtedness shown on the Deed of Trust. See front side of this letter for tax rate and proper computation. (D) Based on the records of the Los Angeles County Assessor's Office, it appears that the value of the property being conveyed is $ . A Transfer Tax is due on that value. See front side of this letter for proper computation. (E) Based on the information shown in part III of the Preliminary Change of Ownership Report, it appears that the amount of Documentary Transfer Tax(es) is/are incorrect. See front side of this letter for proper computation. 28. _ If you determine that this transfer of property is exemptfrom the documentary transfer tax, _ (a) the word "NONE or ZERO' and _ (b) a statement explaining the reason for exemption should be placed on the document (as near to the tax declaration as possible). See enclosed notice. R 742 / 900 12 /04 CONNY B. MC CORMACK Los Angeles County Registrar-Recorder/County Clerk gvztia Baez By 062)462-2125 Deputy 03/18/05 FRI 12:32 FAX 310 377 7288 CITY OF ROLLING HILLS 117 LJuuZ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling,Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made this21wday of Hata , 2005, by and between M.nelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as $EE ATTACHED EXHIBIT A, together with all improvements, household furnishin : and effects, and personal property located therein and thereon, more commonly known as VACANT PROPERTY. NO FORMAL ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. 1 •U3/1Yi/U:i FR1 12:SS !AA J1U Sir f[86 L111 UP 1ULLlilli, LIILL. • 131!.1 E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim of bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. 2 03/18/05 FRI 12:34 FAX 310 377 7288 CITY OF ROLLING RILLS • • Lg1UU4 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that th landslide will not worsen. Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the ' creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Jnterpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 3 03/18/05 !R1 12:35 pAA .ilo Jii 1288 L11Y UP- I{ULLINu HILLS • • 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. /7% - roperty Owner Manelaous Saridakis Property Owner CITY OF ROLLING HILLS By: City Manager Attest: 4 03/18/05 FRI 12:36 FAX 310 377 7288 CITY OF ROLLWING HILLS • • Lgti UUU Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS On I ra:. before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be � /f; L4N 5" I D4-Kgc i the person! whose name --_ /were subscribed to the within instrument and acknowledged that (iF executed the same. I Witness my hand and official seal. Signature MIA MONO H. LEU COMM. #1401743 NOTARY PUBLIC . CALFOREOA LOS ANGELES COUNTY My Comm. Expires Mar. 19. 2007 5 ,03/18/05 FRI 1'1:36 FAA 310 3!i /Z88 • t,lll OF RULL1;NI tli LLB 6115104 Lu u,„ Exhibit A Legal Description ofthe ne Parcel No. 9 -13 -PT , Pa created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot el 2 of Rolling Hills tot No. 7 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18.2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of 1.A C.A.AssNo. 51, in said City, County and State as per Map recorded in Book 1, page maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant 1 h04 84° 49' 55" East 40.00 feet from the most Easterly comer of Lot 18of said Tract No thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa husband Offic al Records of,said oint tenants, recorded as Document No. 15, Book D 6799/370 County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along saki Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to theNorthwesterly sterlYnd boundary recordedayof as land described as Parcel No. 1 in deed to Joseph Fe Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27' East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 04 1515043 . I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) 08/22/05 MON 12:09 FAX 310 377 7288 CITY OF ROLLING HILLS , Q002 v WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) By AUG 2 4 2005 CITY OF ROLLING HILLS SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM1,MERGENCY TEMPORARY STORM PROTECTIONa - , ("Amendment") is made this? ' day of o, 2005, by and between I Pjan, (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 08/22/05 MON 12:11 FAX 310 377 7288 CITY OF ROLLING HILLS • • a1003 D. City now desires to amend the Agreement in order to utilizc a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and ernsinn cnntrnl measures recommended by City'e consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties h executed this Amendment on the date first written above. Property owner Lisa Saridakis 2 Property Owner 08/22/05 MON 12:12 FAX 310 377 7288 CITY OF ROLLING HILLS s • •Cj 004 Attest: Deputy City'Clerk CITY OF ROLLING HILLS By: City Manager 3 08/22/05 MON 12:13 FAX 310 377 7288 • CITY OF ROLLING HILLS • U005 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss On (,l,1 (.14/ • vi> before me, the undersigned, a Notary Public in and for said State, personally appeared L(,c 4 S4w.�t b14 vi s ,known to me to be the person whose n was/were subscribed to the within instrument and acknowledged that ffE Witness my hand and official seal. Signature 4 executed the same. •cI2 y` MIA MIONG H. LEU b ',1� COMM. #1401743 k ., A! NOTARY PUBJC . CA IFoRM A �, LOS ANGELES COUNTY my Comm. Expires Mar.19. 2007 6 _, v —u la C . C 232. i 0' , • :::.:: •• Owner :..:.....ara of .Lots:::..::.: . . .. .............. . ........ �: c.t::. •1 • ... ... .. .. .. 4.... P.o:......:... Tr•ai �::. ....... '• - ••• OBTAIN PERMISSION FROM _ • THE OWNER OF #4 POPPY TRAIL ,,.. . • .'' • TO PERFORM WORK ON THIS z ... . . . ........ PROPERTY .a • ... o: ::::.:.:::.::......:.:......... 0 � z. •Y. • L C N• CO 0 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��'1.�:"ic::�"�"/��f'ti.Ci`�'�%a.�t`��`CiU'��i'C�!`,�^'��".:t�C % �+�iY`.�--�C.•sir+�:r.�-'-'t'.'-'��/�rir'Ci�C`'Y��C`��C-��'L`�'-G��^�'l.�C`�^-,C`i�'`9�%J State of California -e0 County of On before me, SS. La vv Lr 1i1/ chu._ Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared LAURIE L McNULTY Y COMM. #1358271 —+ NOTARY Pueuc - CALIFORNIA L' Los ANGELES COUNTY My Comm. Expires May 25, 2006 Name(s) of Signer(s) ❑ ersonally known to me proved to me on the basis of satisfactory evidence to be the person ] whose name is/'re subscribed to the within instrument and acknowledged to me a e/' he/they executed the same in hi' er/their authorized capacity(ies , and that by his%'er/their signature on the instrument the personJaf, or the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand and official seal. Signet - of r .tary •ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LA_CR-.Q • Document Date: {1 Number of Pages: .4 Signer(s) Other Than Named Above: L.ls� St ---4- 6 - ( S Capacity(ies) Claimed by Signer Signer's Name: Craj 'O -AC ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator Ca -Other: G -4- (. Signer Is Representing: r\A_DLA)._al,e_Af L!G�`--'Y"V `:.'V "Lv``J' C•w^%�Y�Y^:=f\�W�`-"Y W.=Y��'Ci.W W W.W V W W `�I.W W © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org - Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-8827 RIGHT THU) OF,SIG PRINT Top of thumb here :r RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) l WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION "Agreement") is made this ' day of VAci,�t .2005, by and between �, — Cie lee, and Ci ty¢F/?•/-' (hereinafter "Property Owner") and the City of Rollin ills hereinafter "City"), a California municipal p Y g ( p corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lot 9,of Tract /YDS 2or Assessor's parcel: Book -7s-6q, Page `I Parcel GOt , together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as l \)9 1 � 1 , Rolling Hills, California (hereinafter "the property"). 1 B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. • • NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 - 2 - • • Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor. does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6 . Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 3 - 3 - herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Attest: De ity City Clerk Property Owner Hui-Tse Sheen Property Owner CITY OF ROLLING HILLS By: (At ,,'6ity Manager 4 - 4 - Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES On C1�y (.M Vg k\\ 1 5 before me, the undersigned, a Notary Public in and for said State, personally appeared tiu; — \SZ ,4A1ttfl , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature , ly,,sq_ GUOGING ZHANG COMM. 51387112 NOTARY PUBLIC • caLscoNNA LOS ANGELES COUNTY Comm. Exp. NOV. 25 2006 5 - 5 - OCT 272oo5 COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK P.O. BOX 53115, LOS ANGELES, CALIFORNIA 90053-0115 / (562) 462-2125 CONNY B. McCORMACK REGISTRAR-RECORDER/COUNTY CLERK EWA NIKODEM fE ate: OCTOBER 24, 2005 CITY OF ROLLING HILLS 2 P.ORTUGUESE BEND ROAD Re: 3) AGMT. ROLLING HILLS, CA 90274 CITY OF ROLLING HILLS SHEEN; ET.AL. By NO FEE ENCLOSED The enclosed document is being returned unrecorded. Please correct/complete-the information as noted below and/or on the reverse s 1e of this letter. NOTE: Problem area is indicated by green (--) on document. 1. - (A) Legibly print or type name of principal [Grantor/Grantee; First Party/Second Party; Trustor; Trustee; and/or Beneficiary] in caption and/or below signature. _ (B) Legibly print or type name of company/corporation/partnership/agency above signature. _ (C) Indicate on the document the first and last name of each individual (D) Name of principal ( ) must agree in caption, execution and acknowledgment. (E) Document must be signed by the principal ( ). (F).Designate party signing as near execution. (G) If is the owner or is doing business as please indicate this fact near the signature. If this is not the case, indicate signor's capacity near signature. _ (H) For recording purposes, the execution by mark is improperly prepared. Please review the enclosed bulletin. (I) For recording purposes, the Attorney -in -fact execution is incorrect. Please have the document re-signed in the following manner: "(Name of Principal) by (Signature ofAttorney-in-fact , as (his/her/its) Attorney -in -fact". 2. _ For recording purposes, please submit the document that contains the origin/signature(s) of the principal; and/or, the origin/ signature and seal of the notary public. (Note: Facsimile signature(s) is/are unacceptable.) 3. _ indicate: _ (a) name and address for return by mail and/or title of document on cover page. (b) the Assessor's Parcel/ Identification Number (APN or AIN) on the document (please refer to the property tax bill or title report); _ (c) the name and address to be used in mailing future tax bills on the bottom of the first page of document. 4. _ The enclosed document(s) does (do) not meet the statutory requirement for recording space. See enclosed notice. 5. _ Documentary Transfer Tax (Declaration) is required. The law requires that a tax be paid upon the transfer ofrea/property based on the consideration or value of the property or the consideration or value less existing liens and encumbrances, i.e., mortgages, if any. 6. _ Recording Fee $ Fee For Certified Copy $ Survey Monument Fee $ Transfer Tax*: Los Angeles County $ city of $ *The amount of the County Documentary Transfer Tax is calculated by determining the value of the real property, minus the amountof existing liens or encumbrances, if any. The rate is $ .55 for each $500 of value or consideration transferred. EXAMPLE: Real property value $100,000 less assumed loan(s) - None; Documentary Transfer Tax Due - $110.00 See enclosed bulletin for City Transfer Tax when applicable. [GRAND TOTAL $ . See enclosed bulletin(s).] 7. _ (A) For recording purposes, the document(s) and recording fee(s) must be submitted together. _ (B) Please sign check and/or make payable to the Los Angeles County Registrar-Recorder/County Clerk. (C) This office cannotaccept checks showing a date six (6) months or older. Please issue a new check for recording. 8. _ (A) A Preliminary Change of Ownership Form, or an additional fee of $20 is required for recording. See enclosed notice. _ (B) The Preliminary Change of Ownership Report is incomplete or incorrect. Please complete or correct green checked areas of the form. See enclosed instruction sheet. (C) Pursuant to a change in the law, effective January 1, 1991, the Preliminary Change of Ownership Form must be signed by the transferee or an officer of the transferee and can not be signed by an agent acting for a transferee. 9. _ (A) Acknowledgment before the notary public was omitted or improperly completed. Please have the notary public fill out the form printed on the document or the attached notarial form provided by this office. (B) Notary seal and/or signature of notary must be affixed, OR seal is illegible and must be restamped (see enclosed bulletin). _ (C) The acknowledgment must reflect the correct county and state where the signing party appeared before the notary public. Please have the notary public make the necessary correction. 10. _ Document must be subscribed and sworn to before a notary public or contain a penalty of perjury statement. Please complete the appropriate section of the document, or the form we have attached. 11. — See the page attached for additional instruction/correction. (PLEASE SEE REVERSE SIDE) R 742 / 900 12 / 04 12. The Deed (Easement) must contain or have appended to it a Resolution or Certificate of Acceptance signed by an authorized official of 13. _ For re-recording purposes: _ (a) state the reason for re-recording. This statement should be placed on the first page of the document. — (b) a RE-ACKNOWLEDGEMENTis required, showing the date that the principal re -appeared before the notary public. _ (c) the original lead sheet containing the recording information, must be attached. 14. _ Recording reference (Date and Document Number or Book and Page) of the prior recorded document is incorrect or was omitted. Please check your title report or original document for reference 15. _ (A) Affix the exhibit, attachment, or rider to the �' ; _'� _ ` ' " ' e . It was not attached as stated. (B) If the attachment ( • ) is intended to be"a'part of the document, please label it as exhibit, schedule, etc. and make reference to it in the body of.the document [e.g., "See Exhibit 'A' attached hereto and made a part hereof]. +i (C) Detach and retain the . It is not required to record the 16. _ (A) State or clarify the name of the county in the body of the document . ••? (B) Recording cannot be performed in this county. Forward to county shown on document. 17. _ (A) Complete legal description and/or street address must be provided. (B) If an incomplete legal description or the street address is provided in lieu of a complete legal description, Survey Monument Fee will be required. See enclosed bulletin. 18. The entire document or portion of the document is/are readable but is/are not sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correct the defect. 19. _ (A) For recording purposes, we must have the copy of the document that is certified by the Clerk of the Court of Record. Any changes or additions to the copy must be initialed by the Clerk of Court. (B) Please have the Clerk of the Court of Record complete and initial item 2A of the Abstract of Judgment. (C) A certified copy of the Judgment must be attached as stated in item 2B of the Abstract of Judgment. Please be informed that a certified copy of a "Notice of Entry of Judgment" is incorrect. 20. _ A certificate of release of lien or a certified copy of an instrument issued by any government agency must not be enhanced (i.e., for illegibility), altered or changed in any way except by the issuing entity. Please contact the issuing entity, , to obtain a duplicate original and/or certified copy for recording purposes. 21. _ The enclosed check/money order (amount shown on reverse side), Preliminary Change of Ownership Report and/or correspondence/ letter was(were) sent without the required document, or was(were) sent in error. 22. _ We have found the enclosed document(s): (a) to be unacceptable for recording as presented, or •(b) to have no provision in the California State Law authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 23. _ (A) If it is your intent to terminate a joint tenancy interest, please see enclosed bulletin. (B) The information in the Affidavit -Death of Joint Tenant is incomplete or incorrect. Please refer to the document that created the joint tenancy or contact your legal advisor. (C) A certified copy of the Death Certificate must be attached. An "Informational Only" copy of certificate is not acceptable. 24. _ A document which is not entirely in the English language must be translated by a court -approved translator. See enclosed bulletin. /fitems 25 thru 28 have been checked, the problem relates to the Documentary Transfer Tax.***** 25. _ The statement on the face of the document that explains why the conveyance is exempt from the Documentary Transfer Tax is insufficient. Based on the explanation provided, it would appear that the tax is due. A Notice of Exempt Transactions Under the Documentary Transfer Tax is attached for your review. 26. — (A) Legibly print or type the amount of tax(es) due in the tax declaration space. _ (B) Designate in or near the document's tax declaration that the tax was either "computed on full value of the property conveyed or computed on full value less liens and encumbrances remaining at the time of sale". (C) The name of the city or unincorporated area must be shown. If the property is located in more than one city or unincorporated area, include the tax amount for each city and/or unincorporated area. _ (D) Sign your full name in the tax declaration.If you are executing the document as an agent, the firm name should also be included. _ (E) The term of the lease should be indicated on the lease or assignment (near the tax declaration or on a separate attachment not to be recorded). 27. _ (A) The Documentary Transfer Tax Declaration appears to indicate an incorrect amount of tax. (B) In addition to the Los Angeles County Transfer Tax, a City Transfer Tax is due. (C) Unless informed, this office must assume that the enclosed Deed of Trust represents part of the purchase price, requiring the payment of a Transfer Tax for an amount of at least equal to the indebtedness shown on the. Deed of Trust. See front side of this letter for tax rate and proper computation. (D) Based on the records of the Los Angeles County Assessor's Office, it appears that the value of the property being conveyed is $ . A Transfer Tax is due on that value: See front side of this letter for proper computation. (E) Based on the information shown in part III of the Preliminary Change of Ownership Report, it appears that the amount of Documentary Transfer Tax(es) is/are incorrect. See front side of this letter for proper computation. 28. _ If you determine that this transfer of property is exemptfrom the documentary transfer tax, _ (a) the word "NONE or ZERO' and (b) a statement explaining the reason for exemption should be placed on the document (as near to the tax declaration as possible). See enclosed notice. CONNY B. MC CORMACK Los Angeles County Registrar-Recorder/County Clerk atzsa 23afeet (562 R 742 / 900 12 / 04 By 462-2125 Deputy , • City ol l2 PP,.q • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember September 14, 2005 Ms. Vivian Hayes County of Ls Angeles Registrar-Recorder/County Clerk Document Analysis & Recording Section 12400 East Imperial Highway Norwalk, CA 90650 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: Document Recordation, City of Rolling Hills Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 1 Poppy Trail (Hui-Tse Sheen) and at 4 Poppy Trail (Manelaous Saridakis). First Amendment to Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 4 Poppy Trail (Lisa Saridakis). Dear Ms. Hayes: We are hereby requesting recordation of the enclosed documents against the following properties: ■ 1 Poppy Trail, Rolling Hills, CA 90274 (Hui-Tse Sheen). • 4 Poppy Trail, Rolling Hills, CA 90274 (Manelaous Saridakis). ■ 4 Poppy Trail, Rolling Hills, CA 90274 (Lisa Saridakis). We understand that governmental agencies are exempt from paying recording fees pursuant to Government Code Section 27383. Printed on Recycled P:apr.r • • I 1. Please mail the recorded documents to the City of Rolling Hills. If you have any questions or require additional information, please call us at (310) 377-1521. Thank you for your cooperation. Sincerely, Marilyn Kern, Deputy City Clerk City of Rolling Hills CRN: en End: 09-14-05SheenSaradRecordat ion.Itr RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION "Agreement") is made this 4EL, day of ItAxtiA,2005, by and between a and i tytr-R.I1 (hereinafter "Property Owner") and the City of Rolling ills (hereinafter " ity"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lot Wof Tractl:Nor Assessor's parcel: Book 7s---6q,Page '7 Parcel Gb(, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as I ?or 1�-+��' , Rolling Hills, California (hereinafter "the property"). l B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 - 2 - • Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6 . Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 3 - 3 - herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS Attest: Depy City Clerk 4 - 4 - Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) •) ss COUNTY OF LOS ANGELES ) On \ (NV \' k\\ before me, the undersigned, a Notary Public in and for said State, personally appeared tivois e 1 , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature .. 1 ,; GUOGING ZHANG COMM. 1 1387112 NOTARY PUOLIC • CAA LOS ANGELES COUNTY Comm. Exp. NOV. 25 2008 5 - 5 - 03/18/05 NRI 12:32 FAX 310 377 7288 CITY OF ROLLING HILLS 411, 1110 Juu2 RECORDING REQUE51 ED BY AND WHEN RECORDED MAIL TO: City of Rolling,Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made thisz1'day of PIwed- , 2005, by and between Manelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as $EE ATTACHED EXHIBIT A, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as VACANT PROPERTY(, NO FORMAL ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The -landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. •U3/18/Ub !R1 11:33 !AA J10 Jr, rGbb L111 UP hULL1iw u1LL, • 4j.1a.J -1 E City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. 2 r 03/18/05 FRI 12:34 FAX 310 377 7288 __ CITY OF ROLLING HILLS f 110 LgUU4 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 3 U3/IJ /U5 LR1 11:35 141.E 310 Sri i2ri3 111 4110 U111 Utz KULLIAL, RILLS tRJUU.) 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. )0,74(.; roperty Owner Property Owner CITY OF ROLLING HILLS By: 177- y Manager Attest: Deputy City Cl ,/ 03/18/05 FRI 12:36 FAX 310 377 7288 — C1 l OF RULLIN( HILLS • LJi. UUu Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) On 1A{ .`Z1, ' Jbefore me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be i Mt S ,04121 0/4 -KEG the person _whose name __ /were subscribed to the etininnsstr instrument and acknowledged that f f the same. Witness my hand and official seal. Signature MIA MIONG H. LEU COMM. 111401743 NOTARY PUBLIC • =FORMA «. LOS ANGELES COUNTY Uy Comm. Expires Mar.19. 2007 ,U3/18/U:i FRI 12:30 FAX J10 Sir tZ88 Ulll Ulu 11ILLa • 61151040 • Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -8 -PT , Parcel 2 of Rolling Hills tot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said Coun, and ook 1 t page 1 of Assessor's1, in said City, County and State as per Maprecorded maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly comer of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly e 9° 1' boundary ast 86 33 feet t the Norof said land so thwesterly terly boundary of the lanNorth 41° 02' 45" East d described thence South 79 1 described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1of4 04 1515043 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder ' s Use) 08/22/05 MON 12:09 FAX 310 377 7288 CITY OF ROLLING HILLS 113 WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend. Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) CITY OF ROLLING HILLS By AUG 2 4 2005 Z10.02 SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM,•1rMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this day of ikvi if►ss-'-, 2005, by and between ''►c[2 ��S (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the otheraffected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 08/22/05 MON 12:11 FAX 310 377 7288 CITY OF ROLLING HILLS 4111 • U003 1D. City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to along Trail Road subject to the terms and conditions of the Agreement. properties g Po ppy E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform- temporary storm protection and erosion control measures recommended by City'e consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties h executed this Amendment on the date first written above. Property owner 2 Property Owner 08/22/05 MON 12:12 FAX 310 377 7288 CITY OF ROLLIN HILLS 4110 CITY OF ROLLING HILLS By._ C C ty Manager Attest: 08/22/05 MON 12:13 FAX 310 3778 CITY OF ROLLING HILLS 40 l� 005 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss On Am `i before me, the undersigned, a Notary Public in and for said State, personally appeared Li' , known to me to be the person — whose n was/were subscribed to the within instrument and acknowledged that c4.t ts»1 KI 5 Witness my hand and official seal. Signature 4 executed the same. MIA MIONG H. LEU COMM. #1401743 -4 *` I P J NOTARY PUBIJC CALFORMA ik,.,4 LOS ANGELES COUNTY n.� My Comm. Expires Mar. ]9, 2007 INSTALL 8" SDR 35 PIPE CONNECT EXISTING PIPE TO SWALE'••• ...905 •..:....: .. . a9s.. o. a:rad' .'.:...::: P:o:►rtro:ri:_:.:::of LotS::.:...g :...:..:. n .:�::7: 90 0 ............. OBTAIN PERMISSION FROM • .. • ..... ... . , . . ...... . . . . : ... .... ...: . , • .:: • " ' ' • - TO PERFORM WORK ON THIS • "• PROPERTY .. ............. . . E: .............*" .. .... ...........::.::::.:.:........:.... .......... .. ..........::....::....: h U n.. ,.t y: L 08/22/05 .... .... ..........:.........• THE OWNER OF #4 POPPY TRAIL :::::. . • .... ... .....•• : •, ;;• • . • .tip • ..... ?" ...`. ` ` .. /.. .. : I . .. PF30PERTY LINE ••NDSLID GUEST F CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( Signer's Name: State of California Lb wd ` �`) before O C --;" L LvA e On _ V V t( I Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") County of personally appeared SS. LAURIE L. McNULTY COMM. #1358271 -4 NOTARY PUBUC - CALIFORNIA 2 LOS ANGELES COUWTY AIy Comm. Expires May 25, 2005 Name(s) of Signer(s) ❑ personally known to me 1 proved to me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrument and acknowledged to me a e/` he/they executed the same in hi er/their authorized capacity(ies , and that by his/ er/their signature on the instrument the person the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand and official seal. c Signature of i .tary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document �r' r5�. r\--vv-Le. LA_60- v --tom Pa L -c- cv� Title or Type of Document: L_k. a-0 .( f 2=�1vS Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer C► a,k c 'OA c kaN-a ntakuo Number of Pages: `t O Individual ❑ Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Attorney -in -Fact ❑ Trustee ❑ guardian or Conservator C -Other: [ �l -i't1\ U - 12- U LL Signer Is Representing: © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 •seouno gluey' H a Qua o x. -c N . Z Er m 3 a oCD .� 0 3 T (D o co ca m am 3 O jar rr- W co j r- CDF STm CD D) zi o m o a .ti Cn m iiply UNITED STATES POSTAL E RVICEe Click-WShip® U.S. POSTAGE REQUIRED USPS PRIORITY MAIL® EWA NIKODEM CITY OF ROLLING HILLS 2 PO RTUGUESE BEND RO AD ROLLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: MS. VIVIAN HAYES DOCUM ENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-8301 11.1..11....11...1.1.11...1..1...11.11 IIII..1IL1.I..LI ZIP - e/ USPS SIGNATURE CONFIRMATIONTM 11111111111 I1111111IIIIII I I I111111NIIN IIIIIRII 420 90650 9121 0385 5574 9131 0952 11 • Electronic Rate Approved #038555749 This packaging is the pro perty of the U .S Postal Service ® an d is provided so ley for use in sen ding Priority Mail O Misuse maybe a v iolation of fe deral law. © EP14F Jan uary 2005 USPS ALL R IGHTS R ESERVED • 10'Q CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Ms. Marilyn Kern Deputy City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 U.S. POST Ai„ * OO,83 H METER 532097. 2 * • This page is part of your document - DO NOT DISCARD 05 2967193 --RECORDED/FILED-IN OFFICIAL RECORDS RECOR S IN LOS ANGDELES COUNTY CALIFORNIA 8:04 AM DEC 05 2005 TITLE(S) : FEE FREE CODE 20 CODE 19 CODE i i i i i i i i i i LEAD SHEET Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown THIS FORM IS NOT TO BE DUPLICATED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 05 29.67193 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) •kr 05 2961193 WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION"Agreement") is made this day of lAck 2005, by and between wy 1 e Sree, and l.,1tytrR•j-f (hereinafter "Property Owner") and the City of Rolling ills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lot Felof Tract/MI/or Assessor's parcel: Book 7s -K Page /7 , Parcel G6(, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 0 Ate, , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate perfoiniance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. 05 2967193 NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 - 2 - 05 2967193 Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowinglyforgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 3 3 - 05 2967193 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL. HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Attest: De ty City Clerk Property Owner Hui-Tse Sheen Property Owner CITY OF ROLLING HILLS By: ity Manager 4 - 4 - Signature(s) must be acknowledged before a Notary Public: 05 2967193 STATE OF CALIFORNIA ) ) s s COUNTY OF LOS ANGELES ) On CJV\, ` \\ 1P5before me, the undersigned, a Notary Public in and for said State, personally appeared t-kui \5t S\J1ee\q , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. GUOGING ZHANG COMM. # 1387112 NOTARY PUBLIC. CAL/FORMA LOS ANGELES COUNTY Comm. Exp. NOV 25 2006 5 - 5 - • Ciiy o1� �PnS Free • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember November 2, 2005 Ms. Vivian Hayes County of Los Angeles Registrar-Recorder/County Clerk Document Analysis & Recording Section 12400 East Imperial Highway Norwalk, CA 90650 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: Document Recordation, City of Rolling Hills Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 1 Poppy Trail (Hui-Tse Sheen) and at 4 Poppy Trail (Manelaous Saridakis). First Amendment to Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 4 Poppy Trail (Lisa Saridakis). Dear Ms. Hayes: We are hereby requesting recordation of the enclosed documents against the following properties: • 1 Poppy Trail, Rolling Hills, CA 90274 (Hui-Tse Sheen). • 4 Poppy Trail, Rolling Hills, CA 90274 (Manelaous Saridakis). • 4 Poppy Trail, Rolling Hills, CA 90274 (Lisa Saridakis). Per your request, we have made the corrections as noted on the form that you mailed to us (copy attached). We understand that governmental agencies are exempt from paying recording fees pursuant to Government Code Section 27383. Pru, eri an Recynled • • Please mail the recorded documents to the City of Rolling Hills. If you have any questions or require additional information, please call us at (310) 377-1521. Thank you for your cooperation. Sincerely, Marilyn Kern, Deputy City Clerk City of Rolling Hills CRN: en End: 11-2-05SheenSnradRccordatjon.l tr TY OF LOS ANGELES • REGISTRAR-RECORDER/COUNTY CLERK P.O. BOX 53115, LOS ANGELES, CALIFORNIA 90053-0115 / (562) 462-2125 CONNY B. McCORMACK REGISTRAR-RECORDER/COUNTY CLERK rin EWA NIKODEM v mate: OCTOBER 24, 2005 CITY OF ROLLING HILLS OCT 2 7 2005 Re: (3) AGMT. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 CITyOF ROLLING HILLS By SHEEN; ET.AL. NO FEE ENCLOSED The enclosec document is being returned unrecorded. Please correct/complete-the information as noted below and/or on the reverse s)de of this letter. NOTE: Problem area is indicated by green (—)--on document. 1. (A) Legibly print or type name of principal [Grantor/Grantee; First Party/Second Party; Trustor; Trustee; and/or Beneficiary] in caption and/or below signature. (6) Legibly print or type name of company/corporation/partnership/agency above signature. (C) Indicate on the document the first and last name of each individual (D) Name of principal ( ) must agree in caption, execution and acknowledgment. _ (E) Document must be signed by the principal ( -,•- ). _ (F) Designate party signing as near execution. (G) If is the owner or is doing business as please indicate this fact near the signature. If this is not the case, indicate signor's capacity near signature. (H) For recording purposes, the execution by mark is improperly prepared. Please review the enclosed bulletin. (I) For recording purposes, the Attorney -in -fact execution is incorrect. Please have the document re-signed in the following manner: "(Name of Principal) by (Signature of Attorney -in -foal , as (his/her/its) Attorney -in -fact". 2. _ For recording purposes, please submit the document that contains the origin/signature(s) of the principal; and/or, the original signature and seal of the notary public. (Note: Facsimile signature(s) is/are unacceptable.) 3. _ Indicate: _ (a) name and address for return by mail and/or title of document on cover page. _ (b) the Assessor's Parcel/ Identification Number (APN or AIN) on the document (please refer to the property tax bill or title report); _ (c) the name and address to be used in mailing future tax bills on the bottom of the first page of document. 4. The enclosed document(s) does (do) not meet the statutory requirement for recording space. See enclosed notice. 5. _ Documentary Transfer Tax (Declaration) is required. The law requires that a tax be paid upon the transfer ofreal property based on the consideration or value of the property or the consideration or value less existing liens and encumbrances, i.e., mortgages, if any. 6. Recording Fee Fee For Certified Copy Survey Monument Fee Transfer Tax*: Los Angeles County $ City of $ *The amount of the County Documentary Transfer Tax is calculated by determining the value of the real property, minus the amountof existing liens or encumbrances, if any. The rate is $.55 for each $500 of value or consideration transferred. EXAMPLE: Real property value $100,000 less assumed loan(s)- None; Documentary Transfer Tax Due - $110.00 See enclosed bulletin for City Transfer Tax when applicable. [GRAND TOTAL $ . See enclosed bulletin(s).] 7. (A) For recording purposes, the document(s) and recording fee(s) must be submitted together. _ (8) Please sign check and/or make payable to the Los Angeles County Registrar-Recorder/County Clerk. (C) This office cannot accept checks showing a date six (6) months or older. Please issue a new check for recording. 8. _ (A) A Preliminary Change of Ownership Form, or an additional fee of $20 is required for recording. See enclosed notice. — (B) The Preliminary Change of Ownership Report is incomplete or incorrect. Please complete or correct green checked areas of the form. See enclosed instruction sheet. (C) Pursuant to a change in the law, effective January, 1, 1991, the Preliminary Change of Ownership Form must be signed by the transferee or an officer of the transferee and can not be signed by an agent acting for a transferee. 9. _ (A) Acknowledgment before the notary public was omitted or improperly completed. Please have the notary public 09 out the form printed on the document or the attached notarial form provided by this office. (8) Notary seal and/or signature of notary must be affixed, OR seal is illegible and must be restamped (see enclosed bulletin). (C) The acknowledgment must reflect the correct county and state where the signing party appeared before the notary public. Please have the notary public make the necessary correction. 10. _ Document must be subscribed and sworn to before a notary public or contain a penalty of perjury statement. Please complete the appropriate section of the document, or the form we have attached. 11. _ See the page attached for additional instruction/correction. (PLEASE SEE REVERSE SIDE) R 742 / 900 12 / 04 12. Tf a Deed (Easement)t contain or have appended to it a Resolution or Certificate of signed by an authorized official o 13. _ For re-recording purp : _ (a) state the reason for re-recording. This statements uld be placed on the first page of the document. (b) a RE-ACKNOWLEDGEMENTis required, showing the date that the principal re -appeared before the notary public. _ (c) the originaf feadsheet, containing the recording information, must be attached. 14. _ Recording reference (Date and Document Number or Book and Page) of the prior recorded document is incorrect or was omitted. Please check your title report or original document for reference. - 15. _ (A) Affix the exhibit, attachment, or rider to the : . It was not attached as stated. (B) If the attachment ( ) is intended to be a part of the document, please label it as exhibit, schedule, etc. and make reference to it in the body of the document [e.g., "See Exhibit 'A' attached hereto and made a part hereof"]. _ (C) Detach and retain the . It is not required to record the 16. _ (A) State or clarify the name of the county in the body of the document. _ (B) Recording cannot be performed in this county. Forward to county shown on document. 17. (A) Complete legal description and/or street address must be provided. (B) If an incomplete legal description or the street address is provided in lieu of a complete legal description, Survey Monument Fee will be required. See enclosed bulletin. 18. _ The entire document or portion of the document is/are readable but is/are not sufficiently legible to be use for making the permanent photographic record. Please review the enclosed bulletin for suggested methods to correct the defect. 19. _ (A) For recording purposes, we must have the copy of the document that is certified by the Clerk of the Court of Record. Any changes or additions to the copy must be initialed by the Clerk of Court. (B) Please have the Clerk of the Court of Record complete and initial item 2A of the Abstract of Judgment. (C) A certified copy of the Judgment must be attached as stated in item 2B of the Abstract of Judgment. Please be informed that a certified copy of a "Notice of Entry of Judgment" is incorrect. 20. _ A certificate of release of lien or a certified copy of an instrument issued by any government agency must not be enhanced (i.e., for illegibility), altered or changed in any way except by the issuing entity. Please contact the issuing entity, to obtain a duplicate original and/or certified copy for recording purposes. 21. _ The enclosed check/money order (amount shown on reverse side), Preliminary Change of Ownership Report and/or correspondence/ letter was(were) sent without the required document, or was(were) sent in error. 22. _ We have found the enclosed document(s): _ (a) to be unacceptable for recording as presented, or (b) to have no provision in the California State Law authorizing recording. This office cannot advise you on how to prepare documents for recording. However, most stationery stores carry legal forms which may fit your situation, and if properly completed, may be recorded. We suggest you consult your legal advisor. 23. _ (A) If it is your intent to terminate a joint tenancy interest, please see enclosed bulletin. (B) The information in the Affidavit -Death of Joint Tenant is incomplete or incorrect. Please refer to the document that created the joint tenancy or contact your legal advisor. _ (C) A certified copy of the Death Certificate must be attached. An "Informational Only" copy of certificate is not acceptable. 24. _ A document which is not entirely in the English language must be translated by a court -approved translator. See enclosed bulletin. /f items 25 thru 28 have been checked, the prob/em relates to the Documentary Transfer Tax. 25. _ The statement on the face of the document that explains why the conveyance is exempt from the Documentary Transfer Tax is insufficient. Based on the explanation provided, it would appear that the tax is due. A Notice of Exempt Transactions Under the Documentary Transfer Tax is attached for your review. 26. (A) Legibly print or type the amount of tax(es) due in the tax declaration space. (B) Designate in or near the document's tax declaration that the tax was either "computed on full value of the property conveyed or computed on full value less liens and encumbrances remaining at the time of sale". (C) The name of the city or unincorporated area must be shown. If the property is located in more than one city or unincorporated area, include the tax amount for each city and/or unincorporated area. (D) Sign your full name in the tax declaration. If you are executing the document as an agent, the firm name should also be included. (E) The term of the lease should be indicated on the lease or assignment (near the tax declaration or on a separate attachment not to be recorded). 27. _ (A) The Documentary Transfer Tax Declaration appears to indicate an incorrect amount of tax. (B) In addition to the Los Angeles County Transfer Tax a City Transfer Tax is due. (C) Unless informed, this office must assume that the enclosed Deed of Trust represents part of the purchase price, requiring the payment of a Transfer Tax for an amount of at least equal to the indebtedness shown on the Deed of Trust. See front side of this letter for tax rate and proper computation. _ (D) Based on the records of the Los Angeles County Assessor's Office, it appears that the value of the property being conveyed is $ . A Transfer Tax is due on that value. See front side of this letter for proper computation. (E) Based on the information shown in part III of the Preliminary Change of Ownership Report, it appears that the amount of Documentary Transfer Tax(es) is/are incorrect. See front side of this letter for proper computation. 28. _ If you determine that this transfer of property is exempt from the documentary transfer tax, _ (a) the word "NONE or ZERO' and (b) a statement explaining the reason for exemption should be placed on the document (as near to the tax declaration as possible). See enclosed notice. R 742 / 900 12 / 04 CONNY B. MC CORMACK Los Angeles County Registrar-Recorder/County Clerk !eusa Batt By 562) 462-2125 Deputy 03/18/05 FRI 12:32 FAX 310 377 7288 CITY OF ROLLING HILLS • (R.UUZ RECORDING REQUEST ED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made thi4 'day of n .L , 2005, by and between Manelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as $EE ATTACHED EXHIBIT A, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as VACANT PROPERTY. NO FORMAL ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. 1 ,U3/S/U FRI 11:34 MA .il0 St' nuts Lill U1' kWLL1Ab L11LL., • • U U ., E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder.. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim of bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. ,f 03/18/05 FRI 12:34 FAA 310 377 7288 _ U1'1'Y OF ROLLING RILLS • • tJ004 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. - 3 - 93/18/U5 FRI 11:35 141A 410 5i i (288 1.1ll Ulu RULL1iNt. IILLJ • • 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Manelaous Saridakis Property Owner CITY OF ROLLING HILLS By: it City Manager Attest: 4 03/18/05 FRI 12:36 FAX 310 377 7288 CITY Ulu NULLING HILLS • LJUuu Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) On ilArte41...Zi, )--evi before me, the undersigned, a Notary Public in and for said State, personally appearedLA-05- eyt-xE known to me to be the person — whose name ...... /were subscribed to the within instrument and acknowledged that HP executed the same. Witness my hand and official seal. Signature 5 A A A A A_d. A A A -a A A. A +>> MIA MIONG H. LEU COMM. #1401743 g c ;1q. iI TARYPUBLIC.CALO.ORNIA :. �T•� j LOS ANGELES COUNTY t My Comm. Expires M. 19.2007 VV. V....V. • .03/18/0b PR1 12:36 FAX 310 air /188 • 1:111 UP 1l1)I.L11Tb 111 LL.� 6115104 • IVA t) S Exhibit A. Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot Parcel 592, pageslls tot No. 17 --PT and Pacel 28 through 30D as adjus edrby 3 of Rolling Hills Lot 17 17-A PT as recorded in Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferdetber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 108.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 04 1515043 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder ' s Use) 08/22/05 MON 12:09 FAX 310 377 7288 CITY OF ROLLING HILLS EI002n • WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) AUG242005 By CITY OF ROLLING HILLS SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORMiMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this day of 2005, by and between elacuu ga (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the otheraffected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 1 08/22/05 MON 12:11 FAX 310 377 7288 CITY OF ROLLING HILLS • • a1003 D. City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City'e consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties h executed this Amendment on the date first written above. Property Ywner Lisa Saridakis 2 Property Owner 08/22/05 MON 12:12 FAX 310 377 7288 • • CITY OF ROLLING HILLS a004 • Attest: CITY OF ROLLING HILLS By: City Manager 08/22/05 MON 12:13 FAX 310 377 7288 • CITY OF ROLLING HILLS • j005 the person that Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss On A U4 / .zoo 5 before me, the undersigned, a Notary Public in and for said State, personally appeared L.LC 4 SA -P.. k K ! S , known to me to be whose nam, S)was/were subscribed to the within instrument and acknowledged executed the same. Witness my hand and official seal. Signature 4 MIA MIONG H. LEO COMM. #1401743 t --, A. NOTARY eusuc . CAL FORNSA VW LOS ANGELES COUNTY My COMM. Expires Mar. 19. 2007 eco o• 0 .9iS.; . • ••••• INSTALL 8" SDR 35 PIPE • • S03.5.5'55 1N •..• :...::.... 232.10':' •::. ............:::.... 7. :. .. T-r.:a-c•t::..::.19.0 • -:4.0.:•.:.:::.:::::: :...:::::: . :::.:.:..::.... .: #4 :Po• . :Tr..i.il p p.Y.. 08TAlN FROM 41° • • • --• • - • :••••••••• TO PERFORM VVORK ON THIS .... . :-.: ........ : ... .......... ........ . .::::.•.... ...... ......:.:.:..:::::: ..................... ..... ...:::.:,..: ....................... . THE OWNERPERMISSION OF #4 POPPY TRAIL '::: • ' z :::.:.:...:............::.. •...........: i-i • ••.•. ROPERTY ,. ... ..., . . . .... .. •.• -.- •-• • - .. . ..... ,c .„.. , -: • .-. . .. . .. . ......... :::. ... .: ... • - -7,‘•-•. •:;:.........-:."ig.' . ... ......' ..... . :: ... :; .. .. ". : . ': ...... - ... .:3.7...t....t..:::.... .. .. N...... ..... • ti. N- M • 08/22/05 CONNECT EXISTING PIPE TO SWALE "'905...:....: . GUEST I. PROPERTY LINE ' -•. NDSLID CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ( Signer's Name: County of State of California in s ss. On \\ GUAv i before me, i Lj/u e Y'c f 12 -1 -LA Date Name and Title of 011icer (e.g., ',lane Doe, Notary Public") 66 '—C-C(I.& rO V .+; �— personally appeared 0 1 LAURIE L MCNULTY NOTARY PUBLIC v U 5 C - ALIFDRT0A c. LOS ANGELES COUNTY My Comm. Expires May 25, 2006 Name(s) of Signer(s) ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person whose whose name re subscribed to the within instrument and acknowledged to me a e/ he/they executed the same in hiSlher/their authorized capacity(ies , and that by his/ er/their signature on the instrument the personJ,.a`f, or the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand and official seal. Signatur of tary ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: UC�e..QsCtt.�� Document Date: 12-7i1 UJ Signer(s) Other Than Named Above: Number of Pages: 'C L-1 ek SC Capacity(ies) Claimed by Signer C raji. C t arc VLe_a_ O Individual O Corporate Officer — Title(s): ?`s 0 Partner — 0 Limited 0 General ❑ Attorney -in -Fact O Trustee ❑ Gquardian or conservator LiOther: (✓L /� b t� L'L� l ��j Cf.-kJ) t� J Signer Is Representing: 171A.CU.Lia_ e_Ar ��Zscisi'=4A -G�G`� _v�`� 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 RIGHTTHUI OF SIG PRINT Top of thumb here RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION "Agreement") is made this day of Jc 2005, by and between • — a e and Li t)I , J?.i-f (hereinafter "Property Owner") and the City of Rolling ills (hereinafter " ity"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lot Foof Tract /q *for Assessor's parcel: Book ?AT, Page '7 Parcel i Ot , together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as i 0 reZ -, , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 • Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6 . Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 3 - 3 - herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: $ NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner / Hui-Tse Sheen Property Owner CITY OF ROLLING HILLS Attest: De ty City Clerk By: r`I, ,,.,'6ity Manager 4 - 4 - Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) s COUNTY OF LOS ANGELES On 111 (AN, `% k\1) 5 before me, the undersigned, a Notary Public in and for said State, personally appeared -'t — Est 5 tti , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal: Signature r,,C Cam{ _�=1 GUOGING ZHANG COMM. 51387112 VOTARY PUBLIC • CueFORMA LOS ANGELES COUNTY Comm. Exp. NOV. 25 2006 5 - 5 - aUNITED STATES POSTAL SERVICE - Date: 11/08/2005 ewa nikodem: The following is in response to your 11/08/2005 request for delivery information on your Signature Confirmation item number 2103 8555 7491 4330 1300. The delivery record shows that this item was delivered on 11/04/2005 at 09:58 AM in NORWALK, CA 90651 to S TEXLER. The scanned image of the recipient information is provided below. Delivery Section Signature of Recipient: /Lt. `%tK Address of Recipient: .,1 tliAL Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service Cut on dotted line. Instructions 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 2. Place your label so it does not wrap around the edge of the package. 3. Adhere your label to the package. A self-adhesive label is recommended. If tape or glue is used, DO NOT TAPE OVER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail postage to your label or take to a Post Office''*'. 5. Stamped packages weighing 16 ounces or more may not be placed in USPS collection boxes. 6. Mail your package on the "Ship Date" you selected when creating this label. Online Label Record (Label 1 of 1 ) Signature Confirmation"' Number: 2103 8555 7491 4330 1300 Not Paid Online Print Date: 11/03/2005 Priority Mail® Postage: Ship Date: 11/03/2005 Signature Confirmation: $1.30 Weight: 2 lb 0 oz (Electronic Rate) _ Total: $5.15 From: CRAIG NEALIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: LOS ANGELES COUNTY REGISTRAR RECORDER MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 • Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. A copy of the recipients signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. UNITED STATES Thank you for shipping with the United States Postal Service! POSTAL SERVICE Check the status of your shipment on the Track & Confirm page at www.usps.com Electronic Rate Approved #038555749 ZIP - e/ USPS SIGN ATURE CONFIRMATIONTM 11 I II 11 1111 111 420 90650 9121 0385 5574 9143 3013 00 CRAIG NEALIS CITY OF R OLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 11.1�1I1....II1.•I�I�II II��II��1k.I..III.1.II�.•hI.�I I USPS PRIORITY MAIL® o .yaI POSTAL SERVICE STAT ES C I I G V% N S I I I p® U.S. POSTAGE REQUIRED,. -< Instructions Cut on dotted line. 1. Each Click -N -Ship® label is unique. Labels are to be used as printed and used only o nce. DO NOT PHOTO COPY OR A LTER LABEL. 2. Place your label so it does not wra p arou nd the edge of the package. 3. Adhere you r label to the package. A self-adhesive label is re co mme nded. If ta pe or glue is u sed, DO NOT TA PE OV ER BARCODE. Be sure all edges are secure. 4. Affix Priority Mail po stage to yo ur label or take to a Post Office '". 5. Stamped pa ckages we ighing 16 ounces or more may no t be pla ced in USPS co llection boxe s. 6. Mail your package on the "Ship Date" you selected when creating this label. Online Label Record (Label 1 of 1 Signature Confirmatio nT"' Number: 2103 8555 7491 4330 1300 Not Paid Online Prin t Date: 11/03/2005 Priority M aile Postage: Ship Date: 11/03/2005 Signature Confirmation: 51.30 Weight: 2 lb 0 oz (Electronic Rate) _ Total: 55.15 Fro m: CRAIG NEALIS CITY OF ROLLING HILLS 2 PORTUGUESE BEND RO AD ROLLING HILLS CA 90274 To : LOS ANGELES COUNTY REGISTRAR RECORDER MS. VIVIAN HAYES DOCUM ENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-3134 • Regular Priority M ail rates apply. Signature Confirmation serv ice electronic fee required. Delivery information is not available by phone for the e lectronic rate. A copy of the recipient's signature will be faxed or mailed u pon request by v isiting the web site listed below or calling 1-800-222-1811. UNITED STATES Thank you for shipping with the United States Posta l Service! POSTAL SERV ICE pp g Check the status of your shipment on the Track & Confirm page at www. usps.com l TED STATES POSTAL SERVICE Home° I Help I °Sion Track & Confirm Search Results Label/Receipt Number: 2103 8555 7491 4330 1300 Status: Delivered Your item was delivered at 9:58 am on November 04, 2005 in NORWALK, CA 90651. The item was signed for by S TEXLER. Additional Details > k, Return to UsPS cont Horno > Track & Confirm FAQs Track & Confirm -Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. (Go>) Proof of Delivery Verify who signed for your item by email, fax, or mail. (Go>) POSTAL INSPECTORS site map— contact us°°° government services— jobs— National & Premier Accounts*" Preserving the Trust Copyright ' 1999-2004 USPS. All Rights Reserved.° Terms of Use —Privacy Policy • Ci1 ofi2 fP,.y JUL • INCORPORATED JANUARY 24, 1957 GODFREY PERNELL, D.D.S. Mayor B. ALLEN LAY Mayor Pro Tem DR. JAMES BLACK Councilmember THOMAS F. HEINSHEIMER Councilmember FRANK E. HILL Councilmember. September 14, 2005 Ms. Vivian Hayes County of Ls Angeles Registrar-Recorder/County Clerk Document Analysis & Recording Section 12400 East Imperial Highway Norwalk, CA 90650 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cilyofrh@aol.com SUBJECT: Document Recordation, City of Rolling Hills Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 1 Poppy Trail (Hui-Tse Sheen) and at 4 Poppy Trail (Manelaous Saridakis). First Amendment to Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection at 4 Poppy Trail (Lisa Saridakis). Dear Ms. Hayes: We are hereby requesting recordation of the enclosed documents against the following properties: • 1 Poppy Trail, Rolling Hills, CA 90274 (Hui-Tse Sheen). • 4 Poppy Trail, Rolling Hills, CA 90274 (Manelaous Saridakis). • 4 Poppy Trail, Rolling Hills, CA 90274 (Lisa Saridakis). We understand that governmental agencies are exempt from paying recording fees pursuant to Government Code Section 27383. Pnnted on Recycled Py;,er • • Please mail the recorded documents to the City of Rolling Hills. If you have any questions or require additional information, please call us at (310) 377-1521. Thank you for your cooperation. Sincerely, Marilyn Kern, Deputy City Clerk City of Rolling Hills CRN: en End: 09-14-05SheenSaradRecordal ion.Itr RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) • WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION "Agreement") is made this %_ day of _cJc42005, by and between )0 --Tea ee, and s 1-/ i /?./-f (hereinafter "Property Owner") and the City of Rolling ills hereinafter "City"), a California municipal p Y (p corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lott'of Tract/9L4loor Assessor's parcel: Book 7SK Page 'I Parcel tib( , together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 0* 1T , , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. • • NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. • 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 - 2 - • • Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6 . Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 3 - 3 - herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: $ NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS Attest: Dewy City Clerk Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA SS COUNTY OF LOS ANGELES ) On 1u1 CM, 5, k\\ before me, the undersigned, a Notary Public in and for said State, personally appeared tip; —\Sz Qt , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature S: f, GUOGING ZHANG COMM. # 1387112 NOTARY PUBLIC • CALIFORNIA LOS ANGELES COUNTY Comm. Exp. NOV. 25 2008 5 - 5 - • 03/18/05 NR1 12:32 FAX 310 377 7288 CITY OF ROLLING BILLS UUG RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling,Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made this ?l 'day of ti sued- , 2005, by and between Manelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as SEE ATTACHED EXHIBIT A, together with all improvements, household furnishin; :and n as VACcts, Ad NT PT ROPERTX NO FORMAL located therein and thereon, more commonly ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. 1 •U3/18/UJ PR1 11:JJ 1'AA .SlU Jr: !Lest Llli UP hULL1n1, U1LLJ 111- • E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the Landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property., (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, oficers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. 2 ' 03/18'/05 FR'1 12:34 FAX 310 377 7288 CITY 0F ROLLING RILLS -4) --- Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that landslide will not worsen. Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Jnterpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the, legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 3 03/18/05 FR1 12:35 FAA 310 3i( (ZZZ 0111 U1' OLL1N1' 11LLL, s • 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, romises, inducements or agreements, oral or otherwise, have been made by any pparty, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS. CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. roperty Owner Property Owner cunt i Y OF ROLLING HILLS By: f/fr City Manager Attest: 4 03/18%05 FR1 12:36 FAA 310 377 7288 Cl'1'F OF RULL1NG HILLS - ._ --- i uuU Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) On riAte j 7I )-06 before me, the undersigned, a Notary Public in and for said State, personally appeared ,known to me to be irYt /tif L 0$' /Ak(i�/tK S the person whose name _ /were subscribed to the etiniinsstru xecuted the ant and acknowledged that j -f e� me. Witness my hand and official seal. t ^� Signature A A A A A A A aAAA AA_ MIA MIONG H. LEU COMM. #1401743 NOTARY PUBLIC • CALIFORNIA — My Comm. Expires Mar. 19.2007 LOS ANGELES COUNTY p 5 .U3/18/Ub 1'RI 1Y:36 FAA J1.0 iii /Z88 L.111 UP 1tUL.Ll,vt, 111 LLZ) __- 61151040 Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -B -PT , Parcel 2 of Roiling Hills tot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly comer of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799,370, Official Records of said County, and is the True Point of Beginning for the. land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so Northwesterly boundary of theNorth 41° 02' 45" East 8.40 andfeet; thence South 79° 14' 00" East 86.33 feet to described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 4 04 1515043 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder' s Use) 08/22/05 MON 12:09 FAX 310 377 7288 CITY OF ROLLING HILLS WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) AUG 2 4 2005 CITY OF ROLLING HILLS Sy SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORMIMERGENCY TEMPORARY STORM PROTECTION , ("Amendment") is made this day of AP' .-6 47"--, 2005, by and between (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), municipal corporation, in favor of City and as an inducement for City to provide emergency ia access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The Landslide is contained on both public and private property. C. Property Owner and the owners of the otheraffected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 00 2‘ 1 • 08/22/05 •MON 12:11 FAX 310 377 7288 • CITY OF ROLLING HILLS • E/j003 1). City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City's consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties hv executed this Amendment on the date first written above. Property Owner 2 Property Owner 08/22/05 MON 12:12 FAX 310 377 7288 • CITY OF ROLLI4/1 N1HILLS Attest: CITY OF ROLLING HILLS By: .A City Manager 1. 08/22/05 MON 12:13 FAX 310 377 7288 CITY OF ROLLING HILLS 4111 4111 0o5 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES , known to me to be the person , whose namie was/were subscribed to the within instrument and acknowledged that executed the same. On A (1, 1 c> y before me, the undersigned, a Notary Public in and for said State, personally appeared Li a S - „fit k(5 Witness my hand and official seal. Signature 4 '"fir. MIA MIONG H. LEU a COMM. #1401743 041a� , �' homy PUBLIC - CALWORPAA lY,,�IR j LOS ANGELES CoiMTY I �, • lay Comm. Expires Mar. 19, 2007 32.Tp'.....:. :. :.. .... .... ...... y5.-2::. ..... . : . . . .. ..... ............. '..1.......?::: . :::;:::;111:: ....... ..........:-:::.-.:11. ........... ................... :::::.:::.............:-...1........::.::::':;::::::.:.,....-...c.......".. ... . . O w n :. :.: P.o.r t i::on:::.: o f _it .. .. 9 .................................... ...... ....... .....::: . -:-.•:::•.:...i .'......:..:',:.......:.:.:::::::::.....:: .... ' . 's....::.1......, .. .... .......... ............. .. ...,...........:11.....*....: . ...........:•‘....::;....: .... ........ ... 4.....Po......: a :•.•................. -• OBTAIN PERMISSION FROM x :..: • : • THE OWNER OF #4 POPPY TRAILN,.... ,., ,.......' TO PERFORM WORK ON THIS ' "•" H ..........:.::::::.:......:.:::.,......:: • ..,. PROPERTY • •• .:-.•••:••••••• _ .. ✓•C C 08/22/05 N• .'•• INSTALL 8" SDR 35 PIPE CONNECT EXISTING PIPE TO SWALE.•••. 905 •..:....: :8gS....'' . • .. • GUEST F • • PROPERTY LINE ' ••• A+ . • • CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT `C'�-`.c�`�-`�l-`�c.�c.G<-'.c�'�`.c�`.c�c`-er.�>,�t>�G'�•G�^•is',�.c�^.c��'-cC>tit'�''.ca.�cc; c>� c>�>�`�'��>��",�.�^�'�,, la Signer's Name: State of California County of A -1/L -es 1 t 4— ) before me, }SS. L LwLe L-, v cV kiLL Date Cl Name and Title of Officer (e.g., `Jane Doe, Notary Public") personally appeared L • �r �G�`` tut d -.J LAURIE L MCNULTY r COMM. #1358271 -+ NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. Expires may 25, 20435 z., Name(s) of Signer(s) Dpersonally known to me roved to me on the basis of satisfactory evidence to be the person f whose name) subscribed to the within instrument and acknowledged to me a e/ he/they executed the same in hi er/their authorized capacity(ies , and that by his/ er/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ITNESS my hand andoffciall seal. Signatitee of ary f'ubhc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LA C' ' , _Lt -z L1 Document Date: Z' lei J Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer r— G --e- C h_ OJv C- V l e. Number of Pages: (4 ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator C�Other: (1l i2� U LL Signer Is Representing: - C k ltCLA,c_a_.c C.Jv- © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 RIGHT.THUt x r OF SIG PRINT R, .. Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 c C C' O S 'In va Iv W . �I co 5-rry Q. c3 a 0 94. 3 maEn n iir,""444 UNITED P OSTAL SERVICE sClick-N=Ship® U.S. POST AGE REQUIRED USPS PRIORITY MAIL® EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 SHIP LOS ANGELES COUNTY REGISTRAR RECORDER TO: MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECO RDING SECTIO N 12400 IMPERIAL HWY NORWALK CA 90650-8301 II.I.i-1111-I.11I1I1II111.11•111II,II IIIi��.11��l��ll ZIP - e/ USPS SIGNATURE CONFIRMATION"' I 11tH!!!! 111/111111 I/Ill I/I I/I!IIIII Ill/I 11I/I•I/I 420 90650 9121 0385 5574 9131 0952 11 Electronic Rate Approved #038555749 2.7 VI -n This packaging is the pro pe rty of the U.S. Postal Se rvice ® and is pro vided s oley for use in sendin g Priority Mail ®. Misu se ma ybe a violation of federal law. © EP14F Jan uary 2005 U SP S ALL RIGH TS R ESERVED U.S. POSfAC? * , 3 vim_: 0 X1,8 z . H METERS2OgP.' CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Ms. Marilyn Kern Deputy City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 - LINII DS11TES Milt POST4U. SERVICED Home° 1 'Help' 1 'Sign Track & Confirm Search Results Label/Receipt Number: 2103 8555 7491 3109 5211 Detailed Results: • Delivered, September 15, 2005, 10:47 am, NORWALK, CA 90651 • Enroute, September 15, 2005, 2:00 am, NORWALK, CA 90650 • Electronic Shipping Info Received *, September 14, 2005 (< Sack) (Rcfurn 10 USPS.cam Home s ) Track & Confirm Track & Confirm FAQs -Enter Label/Receipt Number. * This is the date the U.S. Postal Service was given by the shipper or shipping partner to expect your package for mailing. This date does not reflect the actual mailing date of the article or the date of receipt by USPS. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ho Proof of Delivery Verify who signed for your item by email, fax, or mail. (Uo>), POSTAL INSPECTORS site map— contact us— government services— jobs— National & Premier Accounts — Preserving the Trust Copyright ' 1999-2004 USPS. 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Online Label Record (Label 1 of 1 ) Signature Confirmation"' Number: 2103 8555 7491 3109 5211 Not Paid Online Print Date: 09/14/2005 Priority Mail® Postage: Ship Date: 09/14/2005 Signature Confirmation: $1.30 Weight: 0 lb 9 oz (Electronic Rate) _ Total: S5.15 From: EWA NIKODEM CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS CA 90274 To: LOS ANGELES COUNTY REGISTRAR RECORDER MS. VIVIAN HAYES DOCUMENT ANALYSIS & RECORDING SECTION 12400 IMPERIAL HWY NORWALK CA 90650-8301 Regular Priority Mail rates apply. Signature Confirmation service electronic fee required. Delivery information is not available by phone for the electronic rate. A copy of the recipient's signature will be faxed or mailed upon request by visiting the web site listed below or calling 1-800-222-1811. %UNITED STATES Thank you for shipping with the United States Postal Service! POSTALSERVICEe Check the status of your shipment on the Track & Confirm page at www.usps.com UNITED STATES POSTAL SERVICE„ Date: 09/19/2005 ewa nikodem: The following is in response to your 09/19/2005 request for delivery information on your Signature Confirmation item number 2103 8555 7491 3109 5211. The delivery record shows that this item was delivered on 09/15/2005 at 10:47 AM in NORWALK, CA 90651 to D HAMPTM. The scanned image of the recipient information is provided below. Delivery section Signature of Recipient: Address of Recipient: REGISTRAR -RECORDER / COUNTY CLERK RECEIVED BY SHAWN BLACKMON • Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) Post -it® Fax Note 7671 Date # oofpa L. To From Co./Dept. � 5 � 0 404. . fre, s, Phone # Phone Fax # Fax # SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this _ day of --, 2005, by and between Manelaous Saridakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 m . m w o. Owner Sarodakis. Por�tion..... :of Lots.:..:9 anc �:.7.....:4` ............... 4 P.o... r .i.l . OBTAIN PERMISSION FROM THE OWNER OF #4 POPPY TRAIL:....... TO PERFORM WORK ON THIS PROPERTY. Q.l.z .. N .. •.� CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. M. Saridakis Saridakis Construction 654 South Irena Ave. Redondo Beach, CA 90277 OC ti • A lf 1 ; 6i WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this _ day of --, 2005, by and between Manelaous Saridakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 D. City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City's consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment on the date first written above. Property Owner Property Owner 2 CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Clerk • Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On said State, personally appeared ) ss before me, the undersigned, a Notary Public in and for , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature 4 '•• INSTALL 8" SDR 35 PIPE CONNECT EXISTING PIPE TO SWALE ...905 •.......... .......................... ...... GUEST H v . . ............ •..... . . w n e•r':':.:..... a r a d'................... .. Por't'i:on........... Lo ::....9.:..:::and....:..: ............. 4 :Po:..• Tr. it OBTAIN PERMISSION FROM THE OWNER OF #4 POPPY TRAIL..:.;.; TO PERFORM WORK ON THIS •.. :: .. PROPERTY .........:.......:. P3 ;a. y : L o t:::_ 4.iCE aVZ ry w .. :ice . . . •'.•• ,••• .:: ' ': '.' : i '• •, ..... � ................... � �o �•��, ... ...' V'":;:::::.:.:• e rn rem r •:'FM...- �'°--.ap, vt° Abatement Instructions Mosquito Breeding California Health & Safety Code, Section 2002, 2060, & 2061 (Mosquito Breeding) To comply with Sections 2002, 2060, & 2061 of the California Health & Safety Code, the mosquito -breeding source listed below is to be eliminated by the specified revisit/abatement date. 1. Mosquito breeding has been found at: Owner/Occupant: Alan Sheen Address: #1 Poppy Trail, Rolling Hills, CA 90274 2 In the following water source(s): Boat Pool Pond _ Jacuzzi X Fountain _ Containers = Sump Box Drain Water Trough _ Septic Tank _ Ditch •_ Drain Channel Other 3 Revisit & abatement date: August 10, 2005 4 Means of notification: Posted X US Mail Certified Mail Other _ Personal Receipt* *(Print Name: ) *(Signature: ) 5. Comments: The fountain/planter pictured in the attached photograph is to be filled in with dirt and/or concrete so as to prevent any future standing water that is capable of breeding mosquitoes Owner/Occupant of the property is to take any and all necessary action in the future to prevent the recurrence of this and other mosquito breeding. Please contact the Los Angeles County West Vector Control District at (310) 915-7370 ext. 533, Monday through Friday, 8:00 a.m. - 4:00 p.m. prior to the listed revisit/abatement date if you have any question concerning these instructions. The Los Angeles County West Vector Control District 6750 Centinela Avenue Culver City, CA 90230 as, Executive Director / ate J U L 2 1 2005 STP #1 CTY OF ROLLING HILLS By ABATEMENT INSTRUCTIONS 040105 w 05/23/2005 10:43 FAX a002 LAW OFFICES OF FINER, KIM & STEARNS AN ASSOCIATION OF PROFESSIONAL LAW CORPORATIONS WILUAM A. FINER HARRY J. KIM ROBERT D. CIACCIO• ROBERT B. PARSONS 'ALSO ADMITTED IN NEW YORK Via Facsimile and U.S. Mail Mr. Craig Nealis, City Manager City of Rolling Hills No. 2 Portugese Bend Road Rolling Hills, CA 90274 CITY NATIONAL BANK BUILDING 3424 CARSON STREET. SUITE 500 TORRANCE, CALIFORNIA 90503-5701 (3101 214-1477 FAX (310) 214-0764 E-MAIL: RBP@FINERKIMSTEARNSLAW.COM May 23, 2005 JACK R. STFARN5 1521-1551 Our File Number: 4862.01 Re: Poppy Trail Hillside Failure ... Update Number Thirty -Six Dear Mr. Nealis: Thank you very much for the time spent with me over the telephone this morning. To reduce my request to writing, I would request on behalf of my clients a copy of the Consulting Geologist report you indicated will be completed in the week of June 15th as well as a full sized colored copy of the map identifying the impacted areas which was utilized during our meeting of a few weeks past. Thank you for your ongoing courtesy and cooperation in this matter and if I may be of any assistance, please do not hesitate to contact me. Very truly yours, FINER, KIM & STEARNS Robert B. Parsons RBP:skm cc: Client 05/23/2005-10:43 FAX 1j001 FAX TRANSMISSION FINER, KIM & STEARNS 3424 CARSON STREET, SUITE 500 TORRANCE, CA 90503 (3 1 0) 214-1477 FAx: (310) 214-0764 THE ENTIRE ATTACHMENT TO THIS TELECOPIER COVER LETTER AND THE CONTENTS THEREOF FROM THE LAW FIRM OF FINER, KIM & STEARNS MAY BE ATTORNEY PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE INDIVIDUAL OR ENTITY IDENTIFIED BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL COMMUNICATION TO THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. To: Mr. Craig Nealis, City Manager Date: May 23, 2005 Fax #: (310) 377-7288 Pages: 2, including coversheet. From: Robert B. Parsons Re: Saridakis Construction - Poppy trail File No. 4862.01 COMMENTS: Please see my letter of today. 05/23/2005 10:43 FAX to 002 LAW OFFICES OF FINER, Ifni & STEARNS AN ASSOCIATION OF PROFESSIONAL LAW CORPORATIONS WILLIAM A. FINER" HARRY J. KIM ROBERT D. CIACCIO• ROBERT B. PARSONS •AL50 ADMITTED IN NEW YORK Via Facsimile and U.S. Mail Mr. Craig Nealis, City Manager City of Rolling Hills No. 2 Portugese Bend Road Rolling Hills, CA 90274 CITY NATIONAL BANK BUILDING 3424 CARSON STREET. SURE 500 TORRANCE, CALIFORNIA 90503-5701 (310) 214-1477 FAX (310) 214-0764 E-MAIL: RBPQa FINERKIMSTEARNSLAW.COM May 23, 2005 JACK R. STEARNS 1621-1061 Our File Number: 4862.01 Re: Poppy Trail Hillside Failure ... Update Number Thirty -Six Dear Mr. Nealis: Thank you very much for the time spent with me over the telephone this morning. To reduce my request to writing, I would request on behalf of my clients a copy of the Consulting Geologist report you indicated will be completed in the week of June 15th as well as a full sized colored copy of the map identifying the impacted areas which was utilized during our meeting of a few weeks past. Thank you for your ongoing courtesy and cooperation in this matter and if I maybe of any assistance, please do not hesitate to contact me. Very truly yours, FINER, KIM & STEARNS RBP:skm cc: Client Robert B. Parsons UO/LS/GUUS lU:4S FAX 1J 001 FAX TRANSMISSION FINER, KIM & STEARNS 3424 CARSON STREET, SUITE 500 TORRANCE, CA 90503 (31 0) 214-1477 FAX: (310) 21 4-0764 THE ENTIRE ATTACHMENT TO THIS TELECOPIER COVER LETTER AND THE CONTENTS THEREOF FROM THE LAW FIRM OF FINER, KIM & STEARNS MAY BE ATTORNEY PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE INDIVIDUAL OR ENTITY IDENTIFIED BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, DISCLOSURE, COPYING, DISTRIBUTION OR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS TRANSMITTED INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, AND RETURN THE ORIGINAL COMMUNICATION TO THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. To: Mr. Craig Nealis, City Manager Date: May 23, 2005 Fax #: (310) 377-7288 Pages: 2, including coversheet. From: Robert B. Parsons Re: Saridakis Construction - Poppy trail File No. 4862.01 COMMENTS: Please see my letter of today. 03/•21/05 MON 11:45 FAX 310 377 7288 CITY OF ROLLING HILLS !Zion **xc***xem*:x***sxxc*sx**** *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 1959 CONNECTION TEL CONNECTION ID ST. TIMF 03/21 11:37 USAGE T 08'29 PGS. 7 RESULT OK 3161568 City Roffin9 JUL INCORPORATED JANUARY 24, 1957 NO: 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX (310) 377.7288 E-mail: cityo(rh@aol.com FAX COVER SHEET DATE: 3' Zt t S TIME SENT: I t' 3 S GZ... rv% TO: M • 4 r.s FROM: C ota.e FAX: SUBJECT: REMARKS: OPERATOR: Ick.� ovel^k 4 P.� Tom p n,� ., 03/21/05 MON 11:37 FAX 310 377 7288 CITY OF ROLLING HILLS elool • *****************5*:* *** TX REPORT :** ********************* TRANSMISSION OK TX/RX NO 1958 CONNECTION TEL CONNECTION ID ST. TIME 03/21 11:30 USAGE T 06'50 PGS. 7 RESULT OK 3202118 32o- 2(I& FAX: SUBJECT: REMARKS: cry 0/ ieiz INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com FAX COVER SHEET TIME SENT: (1.30 Q•inrrn, FROM: CIetz ') Ne• ti OPERATOR: e2/vrtet,k. 4 ° i'.opp/ 'malt 03/21/05 MON 11:29 FAX 310 377 7288 CITY OF ROLLING HILLS Roca *S*S***************** *** TX REPORT *** ********************* TRANSMISSION OK TX/RX NO 1957 CONNECTION TEL 643 8441 CONNECTION ID CITY ATTNY ST. TIME 03/21 11:24 USAGE T 05'33 PGS. 7 RESULT OK City PA" _la INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: J 2 i 10 s _ TO: Mtk.e, t h -}CC NS NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TIME SENT: I I Z S h. FROM: CeCIAn NeAL FAX: OPERATOR: A SUBJECT: 4afTrp, -rkixi REMARKS: ' 03/18/05 FRI 12:32 FAX 310 377 7288 CITY OF ROLLING HILLS t�uu2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rolling,Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Agreement") is made thisZL 'day of Me.cl. , 2005, by and between Manelaous Saradakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as $EE ATTACHED EXHIBIT 4, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known asVACANT PROPERTY. NO FORMAL ADDRESS, Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. •U3/1S/U5 HU. 11:35 kAA 310 St, i4Mb l lli Uh KULLlirh u1LL:f tai V 1) •1 E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property', (b) improvements, household furnishings and effects and • personal property located therein or thereon, or (c) personal injury), including but not lhniced to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release indudes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work perforated in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. 1 03/18/05 FRI 12:34 FAX 310 377'7288 CITY OF ROLLING RILLS LgI.J 1104 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the • creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend to any claims that either City or Property Owner may have against the other arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument,. or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 03/18/05 I1(i 12:35 14 1 310 3i ( 1Ztftf (111 W. ROLLIN(. HILLS Ig.J UU:, 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Subject to the right of termination provided in paragraph 5 herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Attest roperty Owner Property Owner CITY OF ROLLING HILLS By: fl` City Manager 4 03/18/05 FRI 12:36 FAX 310 377 7288 • CITY OF ROLLING HILLS wu Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss On 11/440-f' .�i, . � before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be Tj,��(%F [.fr? sj ' ( O-KES the person ._ whose name __,_ /were subscribed to the executed within instrument and acknowledged that HF me. Witness my hand and official seal. Signature 5 MlONG H. lEU �44!1=. COMM. 11401743 .. 1 °F;. NOTARYFUBUC•CALFOR?M v ji I LOS ANGELES COUNTYri:'F" Vi Comm. Expires Mar. 19, 2007 ,U3/l8/Uti FR1 12:311 bt1A 310 .iii iGtstt ti111 UP HULL11Vta 11iLL:) 6115104 Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -B -PT , Parcel 2 of Rolling Hills tot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly comer of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the. land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 58' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 88.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 108.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1of4 04 1515043 08/22/05 MON 12:09 FAX 310 377 7288 CITY OF ROLLING HILLS IJ002 WHEN RECORDED, RETURN TO: City Clerk City of.Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to Government Code Section 27383) By s AUG 2 4 2005 CITY OF ROLLING HILLS SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORI XMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made thisa. day of AAR,+�s�i'-- 2005, by and between (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the otheraffected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. 1 08/22/05 MON 12:11 FAX 310 377 7288 CITY OF ROLLING HILLS a. . [0 003 D. City now desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City'e consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties ham- executed this Amendment on the date first written above. Property i wner 2 Property Owner 08/22/05 MON 12:12 FAX 310 377 7288 • CITY OF ROLLING HILLS a004 Attest: Deputy City 4C1erk CITY OF ROLLING HILLS By: CA City Manager 3 UO/ZZ/U5 NUN 12:13 FAX 310 377 7288 CITY OF ROLLING HILLS a005 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss On AUAc61 ��1 �ai� y before me, the undersigned, a Notary Public in and for said State, personally appeared Li $ A c4k, t 0,1-K1 , known to me to be the person whose n was/were subscribed to the within instrument and acknowledged that ffE Witness my hand and official seal. Signature 4 executed the same. MIA MIONG H. LEU b COMM. #1401743 NOTARY PUBLIC - CALFORMA LOS ANGELES COUNTY Ny Comm. Expires Mar. 19, 2007 151 • Vu 905 • -s • • o • • • rho :.,:.. ....Owner,:..;::,... ara-d'a..................... ........k:i.......1•••:.:::_a • Portion: .............: .. •Tra•c:t::..::19 C� 0 ... .. . .. .... . ...... #4.....P:o..'.....; :.:..: a - ••--•• •• • =• OBTAIN PERMISSION FROM ... ." * *.:: .. ..'.. .. ..... .................. :....... ... .. .. ....................... ...... .. x --.:::.. :.::::::::.:::...,:...:.........:. THE OWNER OF #4 POPPYTRAIL :::: •.. ;-• • . • ... ....:.:,,.,....::::.:..:,::: : :.... __, TO PERFORM WORK ON THIS . z :::.:.:...:............................... .... PROPERTY. cr4 w. �' (� .................... ... •' � to tj t• Co. h: z 0 08/22/05 .r :: •• ..: ••:. �` • '' INSTALL B" SDR 35 PIPE • `►j CONNECT EXISTING PIPE TO SWALE , i GUEST I- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT \ '. ,&<-cr w-•- e, .cam. -,,-- re rc c., z< c e, K•e:t,.c,,,, r. '. ‹,.43< e - c .. s. ,u .cc>cE y; I. • • • State of California County of i6 S ss. Date ri Name and Title of Officer (e.g., "Jane Doe, Notary Public') personally appeared E VC_t On LAURIE L. MCNULTY Y COMM.*1358271 -+ )VOTARY PUBLIC - CALIFDRry1 My Cam AUUG n coUNTT May 25, 2006 Name(s) of Signer(s) personally known to me roved to me on the basis of satisfactory evidence to be the person$) whose name subscribed to the within instrument and acknowledged to me a e/ he/they executed the same in hi er/their authorized capacity(ies , and that by his/✓filer/their signature on the instrument the personfra`f, or the entity upon behalf of which the person acted, executed the instrument. L ITNESS my hand and official seal. Lc S� 1' Signal - of •tary • ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: L_U J) s{_1 J Document Date: Signer(s) Other Than Named Above: Number of Pages: (4 Capacity(ies) Claimed by Signer Signer's Name: CICUC v\ r2 C k cuva ❑ Individual O Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General O Attorney -in -Fact O Trustee ❑ Guardian or Conservator 'Other: v W VLF 4 -Pt. tinAeo,Lale__)v- Signer Is Representing: O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 RIGHT THUI OF SIG PRINT R Top of thumb here Reorder: Call Toll -Free 1-800-876-6827 05/19/2005 22:26 3106438441 JENKINS & HOGIN LLP PAGE 01 JENKINS HOGIN, LIB' A LAW PARTNERSHIP MANHATTAN TOWERS 1230 ROSECRANs AVENUE, SUITE 110 MANHATTAN BEACH, CALIFORNIA 90266 (310) 643-8448 • FAX (310) 643-8441 www.LocAi.GavLAW.coM FAX COVER SHEET FAX NUMBER TRANSMITTED TO: (310) 377-7288 To: From: Client/Matter: Date: Craig Nealis Michael Jenkins May 20, 2005 "DOCUM Letter OF "PAGES"":.. 'excluding this page COMMENTS: The information contained in this facsimile is confidential and may be protected by attorney -client communication or work product privileges. The Information is intended solely for the use of the individual or entity to whom it is addressed. If you are not the intended recipient. you are hereby notified that any us® or distribution of this material is prohibited. Please notify us by telephone and return the original by U.S. mail to the address above. Thank you. If there are problems with the transmission of this documents, please call (310) 643-8448 F:Uenkins & Hogin LiPlFaznead1M.1 fachead.wpd 05/20/05 FRI 10:42 FAX 310 377 7288 CITY OF ROLLING HILLS Zoo' h: :::::: $::i:55555:i:< :m3:$:$::1:$ *:**.• TX REPORT s** • **:i:55.5.S:x*:1:*.:1:5.y::{::1::1::.y: TRANSMISSION OK TX/RX NO 2466 CONNECTION TEL CONNECTION ID ST. TIME 05/20 10:38 USAGE T 03'53 PGS. 6 RESULT OK 3202118 (7j4 opeoeev_WA INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: Sla os Mskt tttc,d tc Geou.p De(to., FAX: OPERATOR: lkillijid16, Re: 1 Leo TR&L TO: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TIME SENT: IC 354 • on. FROM:COMM)Nebs SUBJECT: REMARKS: P.JOIICe 7effysPcttoK Rekoe of 05/19/2005 22:26 3106438441 JENKINS & HOGIN LLP PAGE 02 C"R LUUNSLAWSITY; : May 16, 2005 Michael Jenkins Jenkins & Hogin 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Re: 1 Poppy Trail Dear Mr. Jenkins; Water Garden 1601 Cloverfield Boulevard Second Floor, South Tower Santa Monica, California 90404 213.572.0405 phone 213.572-0401 fax Enclosed is a copy of our Notice of Termination of Release of Liability, License, and Agreement to Perform Emergency Temporary Storm Protection. We intend to record the original with the County recorder's office. As we understand it, the City has completed whatever emergency work it intends to do on the 1 Poppy Trail property. Thus, the City no longer needs access. Should the City need access in the future, please let us know. When the City receives its report about the landslide, we expect that the City will send us a copy of that report as previously agreed. Sincerely, Craig M. Collins COLE l SLAWFIRM 05/19/2005 22:26 3106439441 JENKINS & HOGIN LLP PAGE 03 This document was prepared by and after recording, return to: Craig M. Collins Collins Law Firm 1601 Cloverfield Blvd. 2nd PI, South Tower Santa Monica, CA 90404 NOTICE OF TERMINATION OF RELEASE OF LIABILITY, LICENSE, AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION This Notice of Termination of Release of Liability, License, and Agreement, to Perform Emergency Temporary Storm Protection is entered into by Hui-Tse Sheen ("Property Owner") and affects the real property in City of Rolling Hills, County of Los Angeles, California, located at 1 Poppy Trail, Rolling Hills, California (and more particularly described on the attached Exhibit A) (the `property"). On or about March 18, 2005, the Property Owner and the City of Rolling Hills ("City") entered into a Release of Liability, License, and Agreement to Perform Emergency Temporary Storm Protection ("Release") pertaining to the property. The Release provides in paragraph 5 thereof that Property Owner may terminate the Release at any time. By signing this document, the Property Owner now terminates the Release (including without limitation the license to enter. the property) Date: Hui-Tse Sheen "05/19/2005 22:26 3106438441 JENKINS..& HOGIN LLP PAGE 04 State of California County of Los Angeles On a zoos- [date] before me, ate 2/i «P1 [name and title of notary], ersonally appeared Hui-Tse Sheen, personally known to me (tproved to me on the basis of satisfactory evidence) to be the person whose name is subscribed in this instrument and acknowledged to me that he executed the same. Witness my hand and official seal: 05/19/2005 22:26 3106438441 JENKINS & HOGIN LLP PAGE 05 EXHIBIT A LEGAL DESCRIPTION The property commonly known. as 1 Poppy Trail, Rolling Hills, CA and legally described as follows: 7 v LAW ° R 'I MAY 0 9 2005 May 6, 2005 CITY OF ROLLING HILLS By.._ City Clerk City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Water Garden 1601 Cloverfield Boulevard Second Floor, South Tower Santa Monica, California 90404 213.572-0405 phone 213.572-0401 fax Re: 1 Poppy Trail, Rolling Hills, CA Dear City Clerk: Pursuant to California's Public Records Act, we request copies of the following: • All writings sent to or by Bolton Engineering regarding a landslide affecting 1 Poppy Trail or the repair of a street adjacent thereto; • All writings sent to or by Group Delta (or Delta Group) regarding a landslide at 1 Poppy Trail or repair of a street adjacent thereto; • All boring logs or other information regarding an investigation into the landslide in the area of 1 Poppy Trail; • All maps or other depictions of the locations of borings in the landslide near 1 Poppy Trail; • All writings pertaining to soils or other tests pertaining to the landslide at or near 1 Poppy Trail; • All reports or other writings pertaining to the landslide at or near 1 Poppy Trail; City Clerk May 6, 2005 Page 2 of 3 • All photographs and videotapes pertaining to the landslide at or near 1 Poppy Trail; • All faxed updates regarding the status of the landslide and/or repair thereof affecting 1 Poppy Trail; • All aerial photographs of 1 Poppy Trail; • Any maps or surveys or drawings depicting 1 Poppy Trail in Rolling Hills, California; • All writings pertaining to easements on City property adjacent to 1 Poppy Trail; • The deed, dedication, or other conveyance instrument for City -owned property adjacent to 1 Poppy Trail; • All writings pertaining to construction of Poppy Trail; • All writings pertaining to maintenance, inspections or repairs of Poppy Trail; • All writings pertaining to permits for Poppy Trail; • All writings pertaining to plumbing or drainage improvements near 1 Poppy Trail; • All writings pertaining to the formation of the City of Rolling Hills, including without limitation any agreements between the City of Roiling Hills and the County of Los Angeles (or any of its districts); • All writings sent to or by the County of Los Angeles regarding the landslide at or near 1 Poppy Trail; • All writings sent to or by any utility company regarding the landslide at or near 1 Poppy Trail; City Clerk May 6, 2005 Page 3 of 3 • All writings sent to or by the Federal Emergency Management Agency regarding the landslide at or near 1 Poppy Trail; and • All writings sent to or by the Joint Powers Insurance Authority regarding the landslide at or near 1 Poppy Trail. If the total volume of these materials does not exceed one banker's box, we will pay the reasonable cost of copying upon your invoice. If the volume of these materials exceeds one banker's box, please let us know so that we can review and select the materials we need for copying. If you have any questions, please let us know. Sincerely, Craig M. Collins COL'.LONSLAWFORRil cc: Michael Jenkins Craig Nealis 05/09/05 MON 14:58 FAX 310 377 7288 CITY OF ROLLING HILLS x001 ***************** *** *** TX REPORT *** *************XS***** TRANSMISSION OK TX/RX NO 2404 CONNECTION TEL 643 8441 CONNECTION ID CITY ATTNY ST. TIME 05/09 14:56 USAGE T 02'06 PGS. 4 RESULT OK DATE: ('ity Rollin INCORPORATED JANUARY 24, 1957 FAX COVER SHEET S JaJ6 s TO: rY. .., Cc = TIME SENT: FROM: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail: cityofrh@aol.com oo FAX: OPERATOR: SUBJECT: REMARKS: 05/09/05 MON 15:02 FAX 310 377 7288 CITY OF ROLLING HILLS Ciooi *** TX REPORT *** *****************BBBB TRANSMISSION OK TX/RX NO 2405 CONNECTION TEL CONNECTION ID ST. TIMF 05/09 14:59 USAGE T 02'55 PGS. 4 RESULT OK 3202118 DATE: TO: GEC `,elf.•..9_.O; INCORPORATED JANUARY 24, 1957 FAX COVER SHEET S�q�65 nrlac %. 4:4q.1 cc: aatc. FAX: OPERATOR: TIME SENT: NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cltyolrh@aol.com FROM: SUBJECT: REMARKS: ez '03/21/05 MON 10:54 FAX 310 377 7288 CITY OF ROLLING HILLS Iiool TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ************S****S*** 5*5 TX REPORT *5* ******************** 1956 16269619180 03/21 10:43 11'43 6 OK cilv `Polling Jh/13 INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: 3111 `D S TO: Me. S L-eei-\.,. FAX: SUBJECT: REMARKS: 961 • 91 TgU - Z 0-e P NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail cityofrh@aol.cam TIME SENT: tO 10 a-bi FROM: ate -ax ) N e-. L OPERATOR: Pam 03/21/05 MON 10:07 FAX 310 377 7288 CITY OF ROLLING HILLS a 001 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ****************555** 1952 643 8441 CITY ATTNY 03/21 10:04 03'30 6 OK DATE: City e`ie0ii4 INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 31Z1(os TO: Mi t eivt.k:fts NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288. E-mail: cityofrh@aol.com TIME SENT: j° 0 s a M FROM: Cie -a,,,' N /L.'S FAX: OPERATOR: `U,447__ — SUBJECT: '‘DreoL. aote_e__e_ REMARKS: kLV€ e..�-off• -E: h,� s . t er LOX IOU- Mailed- tO GIJS or._ 03/21/0,5 MON 10:03 FAX 310 377 7288 CITY OF ROLLING HILLS TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIMF USAGE T PGS. RESULT ***********8**8****** $$$ TX REPORT *** **************8****** 1951 03/21 09:59 03'24 6 OK 3202118 DATE: TO: FAX: City 0/? PP�,.s .Ikfl INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 3(2_ (105 M i - .4.A ,a-cLAA-. 32o. 211 SUBJECT: �)✓ri�oL REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail:cityoirh@aot.com TIME SENT: ` FROM: Ce-cGtr Nfl,. .c: S OPERATOR: La' WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 SPACE ABOVE FOR RECORDER RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM P OTECTION "Agreement") is made this c�+ tkv day of Vita. ,2005, by and between — e and Ci tyoi j?. (hereinafter "Property Owner") and the City of Rolling ills (hereinafter " ity"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Lot rr of Tract!'9dgpor Assessor's parcel: Book 717, Page '7 , Parcel bOt , together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 1 ?CT 1Tvo Rolling Hills, California (hereinafter "the property"). 1 B. A landslide has occurred on the property, and on at least two adjoining properties. (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those Phase One temporary storm protection and erosion control measures recommended by City's consulting geologist at no cost to Property Owner. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all. expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents arising out of the work provided for in Section 1 herein. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable to the work performed in a negligent manner pursuant to Section 1 herein. This release does not apply to claims based on performance of work in a grossly negligent manner. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. 2 - 2 - Provided that the work performed pursuant to Section 1 is performed with a standard of care that is not grossly negligent, the release provided for herein pertaining to the work described in Section 1 extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The general release provided herein is limited to the work performed pursuant to Section 1 herein and does not extend toany claims that either City or Property Owner may have against the other, arising from or pertaining to the landslide. 4. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 5. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This Agreement may be terminated upon: (i) ten days' written notice by either party to the other. or (ii) five calendar days after the Property Owner records a Notice of Termination of Agreement ("Notice of Termination") with the Los Angeles County Recorder's Office. The Notice of Termination shall require only the signature of the party terminating the Agreement. The provisions of paragraphs 2 and 3 shall survive termination. 6. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 7. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 8. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein: Subject to the right of termination provided in paragraph 5 3 7 3 - herein, this Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: $ NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Attest: De ty City Clerk Property Owner Property Owner CITY OF ROLLING HILLS By: ` ". Manager 4 - 4 - Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES On 1 Uiv k\\ before me, the undersigned, a Notary Public in and for said State, personally appeared tA; —\St 5\11e -t\1 the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature , known to me to be GUOGING ZHANG comm. 11387112 NOTARY FORM • CALIFORNIA LOS ANGELES COUNTY Comm. E. NOV. 25 2006 5 - 5 - 6/15/04 • Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -B -PT , Parcel 2 of Rolling Hills tot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592,:pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, -in -the -Office of --the County Recorder of said County; -described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet -from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet tothe True Point of Beginning. page 1 of 4 04 1515043 6/15104 Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -B -PT , Parcel 2 of Rolling Hills.Lot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 4 04 1515043 03/16/05 WED 08:45 FAX 310 377 7288 CITY OF ROLLING HILLS 1j001 ************S3******* *** TX REPORT *** TRANSMISSION OK TX/RX NO 1868 CONNECTION TEL CONNECTION ID ST. TIMF 03/16 08:41 USAGE T 03'45 PGS. 6 RESULT OK 5447893 Cily.ov/e014ng _Afro INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: 3 f 1042 S_... . TO: M Skeen FROM: OC(,t.` N NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TIME SENT: �'tlo a r• FAX: S A - )1 471. OPERATOR: SUBJECT: kP. e•0t-Se., of Li Ovtoiti ( Lt' Gth S,e, OIMo 0 1CetM1 U -L. Pe4cPchq eiNcy Tervirovueti ster" -Pie o4ec. 'oi, REMARKS: f 1 ems. S e 6k,r,-k lei zee a- /Ka_ DATE: Ci1 leollinv INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 3/Ira�o5_ NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com cl% TIME SENT: (10 a rYN TO: ME. Skeen FROM: CC•(A` Q_ N e' FAX: S - 2. OPERATOR: <k)W\Q-- SUBJECT: REMARKS: P,ie, S of Li { bah h se. °ono( avfetivLeAAL- 40 P -P,IC.hqSAvveActek,CyTehrieciletiSiLot.o. -Pi 04-e Leo - f (e,a.5 e s(i isn , /h,lo-ko het ct n.cL P. -pt)-1 . friN-aiwic 0/“. TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 ®Printed on Recycled Papei RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION is made this_ day of _ , 2005, by and between Manelaous Saridakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as SEE ATTACHED EXHIBIT A, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as VACANT PROPERTY, NO FORMAL ADDRESS , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures, and assuming all risk associated therewith, to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation'of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those temporary storm protection and erosion control measures recommended by City's consulting geologist. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither -City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. PropertyOwner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, pastandpresent, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable the work performed pursuant hereto. Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. The release provided for herein extends to all claims of every nature and kind"whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4. Indemnification. Property Owner hereby agrees to defend, indemnify and hold harmless City, its officers, employees and agents from claims, actions damages and liabilities asserted by third parties who suffer injuries or damages (whether personal injury or damage to personal property) by virtue of the condition of the property and the work performed pursuant to Section 1 of this Agreement. 5. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 6. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This instrument shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the property or any portion thereof, and shall constitute notice of the hazard of geologic instability and landsliding that affects the property. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall provide any such purchaser, lessee or transferee a copy of this instrument. 7. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 8. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 9. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, .or anyone acting on behalf of any party, which are not embodied herein. This Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • BY SIGNING THIS AGREEMENT, WE FOREGO CERTAIN RIGHTS • BY SIGNING THIS AGREEMENT, WE FOREGO THE RIGHT TO SUE THE CITY OF ROLLING HILLS, AND ITS CONTRACTORS, CONSULTANTS, OFFICERS, EMPLOYEES AND AGENTS • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Clerk 4 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) . ) ss COUNTY OF LOS ANGELES ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the person whose name - was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature 6115/04 Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of Parcel 1 of Rolling Hills Lot No. 9 -B -PT Parcel 2 of Rolling Hills Lot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps,- in -the Office of the County Recorder of said County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 04 1515043 WHEN RECORDED, RETURN TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (No recording fee pursuant to • Government Code Section 27383) SPACE ABOVE FOR RECORDER FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS FIRST AMENDMENT TO RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION ("Amendment") is made this _ day of --, 2005, by and between Manelaous Saridakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to provide emergency access to Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as Those portions of Lots 9, 17 and 22 of Tract 19040 in the City of Rolling Hills, in the County of Los Angeles, CA, as per Map recorded in Book 592, pager 28- 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, pages 1 of Assessor's maps, in the Office of the County Recorded of said County, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 4 Poppy Trail (Vacant lot) , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties previously entered into a Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection ("Agreement") with City in order that the City may exercise its emergency powers and coordinate among the affected property owners to take temporary measures to protect against further infiltration of rainwater into the slope on the affected properties. D. City now, desires to amend the Agreement in order to utilize a portion of Property Owner's property in order to provide emergency access to properties along Poppy Trail Road subject to the terms and conditions of the Agreement. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1 Paragraph 1 "License" of the Agreement is amended to read as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, to perform temporary storm protection and erosion control measures recommended by City's consulting geologist and to construct a temporary emergency access at no cost to Property Owner. The portion of Property Owner's property to be utilized for emergency access is shown on the diagram attached hereto as Exhibit A and incorporated herein by reference. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. A copy of all reports and studies shall be furnished to the Property Owner without cost. In all other respects, the Agreement is hereby reaffirmed and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment on the date first written above. Property Owner Property Owner Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On said State, personally appeared , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. ) ss ), before me, the undersigned, a Notary Public in and for Witness my hand and official seal: Signature ."••• INSTALL 8." SCR 35 PIPE CONNECT EXISTING PIPE TO SWALE S03`55'55"W....•:....:.•• ;....... ...........232.10. . 232.10".•.........: S. wn'er..:.:..... ara•'' . .1. .........: 40: •••••••••••••••••:":".1:••••'.. .................... ' .... .. ... ... ..... ...... :.........-. ....... ... • . • Portion.....:.o:f Lots:......J.:..:.:a:n:d ::::1-..::7..........:::•:•::.......... ..::.:........:.:.:. ....... .... .... :: . :: . :: .. :••• . :----: ... .. . , .. .: .. -,::::': ....... ...... ::' ... . : .. ' ....... .. .... ' .... ......... . . 4 p o Tr ..:.::.:....::.::.....:. OBTAIN PERMISSION FROM :.,."" :::::::11.1::::::::::::. THE OWNER OF #4 POPPY TRAIL :. : :.:. TO PERFORM WORK ON THIS ........................... "" ••......, PROPERTY m........." .. . .. . . -, .... : ........................... ..::: .. ....... . . ......................................... .:: .. ...... ........... ..... ......:;.. ai Li .:::' : . :. „:•.: . :: ...... : ..... 1 . '..:*..:**:* * . . r4 '�; SCE6VZN TI . . ..... ....:.. GUEST H RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 ).erbiV Exempt from recording fees `pursuant to `Government Code§27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION is made this_ day of _ , 2005, by and; between Ying Ching Sheen (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property.. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as.a portion of Lot 90 of Tract 19040, or Assessor's parcel: Book 7569, Page 007, Parcel 001, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 1 Poppy Trail , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures, and assuming all risk associated therewith, to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility orduty of any kind towards the property or towards the remediation of the landslide on the property. - - - - NOW, THEREFORE, in consideration.of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those temporary storm protection and erosion control measures recommended by City's consulting geologist. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim orbringany action against City, its officers, employees, contractors and agents, past and present, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of anynature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable the work performed pursuant hereto. 2 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled .or that the landslide will not worsen. The release provided for herein extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 154.2 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4. Indemnification. Property Owner hereby agrees to defend, indemnify and hold harmless City, its officers, employees and agents from claims, actions damages and liabilities asserted by third parties who suffer injuries or damages (whether personal injury or damage to personal property) by virtue of the condition of the property and the work performed pursuant to Section 1 of this Agreement. 5. Voluntary Agreement. Property Owner has obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 6. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This instrument shall run with the land and shall be binding on all parties having or acquiringany right, title or interest in or to the property or any portion thereof, and shall constitute notice of the hazard of geologic instability and landsliding that affects the property. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall provide any such purchaser, lessee or transferee a copy of this instrument. 7. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 8. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 9. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. This Agreement may be amended only by a written instrument signed by both City and Property Owner. to PROPERTY OWNER ACKNOWLEDGES THAT: • BY SIGNING THIS AGREEMENT, WE FOREGO CERTAIN RIGHTS • BY SIGNING THIS AGREEMENT, WE FOREGO THE RIGHT TO SUE THE CITY OF ROLLING HILLS, AND ITS CONTRACTORS, CONSULTANTS, OFFICERS, EMPLOYEES AND AGENTS • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT -ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Clerk 4 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the person _ whose name was/were subscribed to the within instrument and acknowledged that executed the same.' - Witness my hand and official seal. Signature RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION is made this_ day of _ , 2005, by and between Ying,Ching Sheen (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), .a California municipal corporation, in favor of tY p rP City and as an inducement for City to take temporary measures toprotect against P Y g infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the ownerin fee title of property located in the City of Rolling Hills legally described as a portion of Lot 90 of Tract 19040, or Assessor's parcel: Book 7569, Page 007, Parcel 001, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as 1 Poppy Trail , Rolling Hills, California (hereinafter. "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures, and assuming all risk associated therewith, to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree as follows: 1. License. Property Owner hereby grants.City and its representatives, contractors and/or employees a revocable, nonexclusive license to enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those temporary storm protection and erosion control measures recommended by City's consulting geologist. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. 2. 'Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects and personal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Owner hereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, past and present, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner against City and its contractors, officers, employees and agents. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for any damages or losses of any kind attributable the work performed pursuant hereto. 2 Property Owner expressly acknowledges that the temporary protective measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. The release provided for herein extends to all claims ofevery nature and kind whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A. general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4. Indemnification. Property Owner hereby agrees to defend, indemnify and hold harmless City, its officers, employees and agents from claims, actions damages and liabilities asserted by third parties who suffer injuries or damages (whether personal injury or damage to personal property) by virtue of the condition of the property and the work performed pursuant to Section 1 of this Agreement. 5. Voluntary Agreement. Property Owner has' obtained the advice of legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 6. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This instrument shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the property or any portion thereof, and shall constitute notice of the hazard of geologic instability and landsliding that affects the property. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall- provide any such purchaser, lessee or transferee a copy of this instrument. 7. Interpretation. This Agreement is deemed to have been prepared. by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 3 8. Authority. The persons so signing this Agreement hereby warrant. that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 9. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. This Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • BY SIGNING THIS AGREEMENT, WE FOREGO CERTAIN RIGHTS • BY SIGNING THIS AGREEMENT, WE FOREGO THE RIGHT TO SUE THE CITY OF ROLLING HILLS, AND ITS CONTRACTORS, CONSULTANTS, OFFICERS, EMPLOYEES AND AGENTS • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Clerk 4 Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) On before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature I City of Rolling Hills DATE: 3/10/0 - INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET TIME SENT:- ------ -- - 5:a0 TO: Mike Jenkins FROM: Craig Nealis City Attorney City Manager CC: FAX: OPERATOR: v,.y �q� SUBJECT: REMARKS: LE'11 ERS OF CONSENT TO COMPLETE WORK ON PROPER I'1ES Mike, the proposed consulting geologist has recommended that minor filling of fissures and plastic be introduced to the upper portion of the slide area to prevent the introduction additional water. They have indicated that companies will not complete this work on private property unless permitted to do so by the property owner. RHCA Manager Peggy Minor has been contacting the property owners to obtain this permission. However, she does not have a letter appropriate for them to sign. Therefore, I have attached a draft for your review and consideration of approval which we could forward to the property owners for their signature. Your response to this will be appreciated. TOTAL PAGES (including cover sheet): S If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90724 To Whom It May Concern: I, property owner of 1 Poppy Trail do hereby grant the Community Association permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and place plastic over applicable portions -of -the -landslide area to assist in preventing of introduction of water on my damaged property. Mr. Ying Ching Sheen 1 Poppy Trail 1 Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90724 To Whom It May Concern: I, property owner of 4 Poppy Trail do hereby grant the Community Association permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and =place plastic over applicable portions of --the landslide area to assist in preventing_of - • - introduction of water on my damaged property. Mr. Manelaous Saridakis 4 Poppy Trail 03/11/05 FRI 08:29 FAX 310 377 7288 CITY OF ROLLING HILLS [7j 0O1 3 TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. RESULT ********************* *** TX REPORT *** ********************* 1822 643 8441 CITY ATTNY 03/11 08:28 01'05 3 OK Cit o Rollin; Hills DATE: 3/10/05 TO: CC: FAX: INCORPORATED JANUARY 24, 1957 NO.2 PORTUGUESE BEND RSAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET Mike Jenkins City Attorney SUBJECT: REMARKS: Mike, attached are the revised letters I mentioned in your voice mail this morning. Please advise. Your response to this will be appreciated. TIME SENT: g : 30 FROM: Craig Nealis City Manager OPERATOR: Craig REVISED LETTERS OF CONSENT TO COMPLETE WORK ON PROPERTIES TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 City of Rolling Hills INCORPORATED JANUARY 24,1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail cityofrh@aol.com FAX COVER SHEET DATE: 3/10/05 TIME SENT: 2 30 TO: Mike Jenkins FROM: Craig Nealis City Attorney City Manager CC: FAX: OPERATOR: SUBJECT: REMARKS: Mike, attached are the revised letters I mentioned in your voice mail this morning. Please advise. Your response to this will be appreciated. Craig REVISED LE1'1'hRS OF CONSENT TO COMPLETE WORK ON PROPERI'l>~S TOTAL PAGES (including cover sheet): 3 If you have difficulty receiving any pages, please telephone our switchboard at (310) 377- 1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90724 To Whom It May Concern: I, property owner of 4 Poppy Trail do hereby grant the Community Association. permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and place plastic over applicable portions of the landslide area to assist in preventing of introduction of water on my damaged property. Mr. Manelaous Saridakis 4 Poppy Trail City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, CA 90724 To Whom It May Concern: I, property owner of 1 Poppy Trail do hereby grant the Community Association and/or the City of Rolling Hills permission to hire and deploy Hillside Repair of Anaheim, California to fill fissures and place plastic over applicable portions of the landslide area to assist in preventing of introduction of water on my damaged property. Mr. Ying Ching Sheen 1 Poppy Trail UJ/ 1U/ U:) ){EiL 10.01 FAA OiU O ( ( ( GOO V111 VP m.11,1.111%3 111LLJ • TRANSMISSION OK ******S**S**5*:1:5`k:5*Sti *** TX REPORT **s 4:4:***54:******554:4:$:*5$: TX/RX NO 1906 CONNECTION TEL CONNECTION ID ST. TIME 03/16 16:28 USAGE T. 02'25 PGS. 3 RESULT OK - 3161568 /'?Of/ifl4 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX (310) 377-7288 E-mail: cityofrh@aol.com FAX COVER SHEET .DATE: 1 C I ° S _ TIME SENT: LI ' t )11 TO: M iPidC - S FROM: O C) eej.'S FAX: SUBJECT: 316 • t56 REMARKS: et ock_ • OPERATOR: Akfokk- f,0 7 Q 4-1;11sacte, F►.: Subj: RE: Golf rental price correction.... Date: Wednesday, trch 16, 2005 6:55:51 AM From: D.Ullmann@cox.net To: nor16@juno.com, klacey@csulb.edu, shannonfreemaN @ SOCAL. rr.com, cityofrh @ aol.com, RMJONAS@EARTHLINK.NET, rec3131 @aol.com, roopared@aol.com, DTRozas@lasd.org cc: Jeff@ DJMsuspension.com Hi AII! The electric golf cart we rented is 275.00 a month not a week. 275.00 plus 22.69 tax= 297.69 per month. There was a 65.00 charge for delivery & pick up. Lou's Golf and Industrial Carts 12301 Prairie Ave Hawthorne 675-4642 Original Message From: Ronald M Sommer [mailto:norl 6 @ juno.com] Sent: Tuesday, March 15, 2005 8:00 PM To: D.Ullmann@cox.net; klacey@csulb.edu; shannonfreemaN@SOCAL.rr.com; cityofrh@aol.com; RMJONAS@EARTHLINK.NET; rec3131 @aol.com; roopared@aol.com; DTRozas@lasd.org; NOR16@JUNO.COM Subject: 3/15/05 Tues 7PM 1:Road base material possibly too slippery; Jonas suggests wetting it down to promote compaction. Also, perhaps cover withy DG. 2:Jonas 125 cc Grizzly appears adequate to handle 3 adults so far. I shopped costs, & it appears you can get one at Pacific Yamagha for $3200 OTD, incl tax & license.. 3:Uilman golf cart seats 4 comfortably & is powerful enough to handle hills well. Cost if abt $260/week, or abt $2500 to buy basic model. 3/1 6/05 America Online : Cityofrh Page 1 Vendor is Lou,s golf carts in Gardena. Scott Hall also has some such contacts for ATV's, golf carts, etc. 4:If slopes get wet, who knows re traction. 5:The mystery person named "St.John" on a previous phone list turned out to be Barbara St.John Sommer. who is my wife. 6:The city made contact with the property owners of #1 & #4, and they are now submitting access agreements to enter their properties. (Of course access agreements are not tantamount to agreements to, perform remedial work). 7:1 believe the consultants have already been hired. (competitive bids submitted?). I think the council meeting stated costs at about $135,000. Is this payable in increments as work progresses (my question)? 8:Capt. Larsen of the Fire Dept. # 56 found our mickey mouse wiring OK from a safety standpoint. From an esthetic standpoint, 1 think we want to do more. 9: A parabolic mirror will be installed at the bottom of the road to the ring, because of a blind spot. 10: Anyone with transportation information, please EMail us all. We all appreciate the rides from our neighbors. My ATV is inoperative at the moment, so if you see any bagged trash when driving by, please take it to the dumpster. 11: Jonas & Lacey report that the water we get is too heavily chlorinated. After a taste test, 1 agree, & will report it to the water co. tomorrow. End of Report Ron Sommer -------------- Headers ---------------- ------ Return-Path: <D.Ullmann@cox.net> Received: from rly-yiO4.mx.aol.com (rly-yiO4.mail.aol.com [172.18.180.132]) by air-y04.mail.aol.com (v104.18) with ESMTP id MAILINYI43-7c7423848f065; Wed, 16 Mar 2005 09:55:51 -0500 Received: from fed1rmmtao12.cox.net (fed1rmmtao12.cox.net [68.230.241.27]) by rly- yiO4.mx.aol.com (v104.18) with ESMTP id MAILRELAYINYI45-7c7423848f065; Wed, 16 Mar 2005 3/16/05 America Online : Cityofrh Page 2 03/16/05 WED U8:45 FAX 310 377 7288 CITY OF ROLLING HILLS 1001 :I::1: : TX REPORT :I:** {:55:1::1:5:1:5555555555:1:5 : * TRANSMISSION OK TX/RX NO 1868 CONNECTION TEL CONNECTION ID ST. TIME 03/16 08:41 USAGE T 03'45 PGS. 6 RESULT OK 5447893 GEC 0/ ie0ti9. Jh/F, INCORPORATED JANUARY 24, 1957 FAX COVER SHEET DATE: 3 I. lS TO: M2. Skeen FAX: S - g GI -5 SUBJECT: REMARKS: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com TIME SENT: T ilO GZ. .m- FROM:OG(, Q N 's OPERATOR: w11- Relea..se. 4' , bum, se, arnd . Oita* - -L PedszPely, e,lei -C h cy Tei j o k eLee S&ie* . -PR o4 -C c or, -1)16a-Se. /h.04v ze o4 Re & - . TiN-0.-Mt M 044 . DATE: City ofi2P?..gJdeP INCORPORATED JANUARY 24, 1957 FAX COVER SHEET 3/I .1oS TO: Me. Skeeter NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com TIME SENT: •(lO ►Y - FROM: acx.A: N FAX: Sfy - -1)19 OPERATOR: <k SUBJECT: REMARKS: Role .BLS e of Li �v�Oi ( Li Gt h S•e, (Arno( k t ovt F/Y►� P �� Pe -hl T-e Q � �.ie z.yy. -PR o oh l 6a S e. 4t04-‘) 04-) l2+ Z C . o` ft-.. c _ ReA4A_ r -c 044,. TOTAL PAGES (including cover sheet): If you have difficulty receiving any pages, please telephone our switchboard at (310) 377-1521. REPLY TO: City of Rolling Hills - Fax No. (310) 377-7288 _er'nnle-ri (r, Re( vr:lr,:+, !'%e:.•ri RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 NO RECORDING FEE PURSANT TO GOVERNMENT CODE_ SECTION 27383 Exempt from recording fees pursuant to Government Code §27383. (Space Above for Recorder's Use) RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION THIS RELEASE OF LIABILITY, LICENSE AND AGREEMENT TO PERFORM EMERGENCY TEMPORARY STORM PROTECTION is made this_ day of _ , 2005, by and between Manelaous Saridakis (hereinafter "Property Owner") and the City of Rolling Hills (hereinafter "City"), a California municipal corporation, in favor of City and as an inducement for City to take temporary measures to protect against infiltration of stormwater into a slope on Property Owner's property. RECITALS A. Property Owner is the owner in fee title of property located in the City of Rolling Hills legally described as SEE ATTACHED EXHIBIT A, together with all improvements, household furnishings and effects, and personal property located therein and thereon, more commonly known as VACANT PROPERTY, NO FORMAL ADDRESS , Rolling Hills, California (hereinafter "the property"). B. A landslide has occurred on the property, and on at least two adjoining properties (the "affected properties"). The landslide is contained on both public and private property. C. Property Owner and the owners of the other affected properties have asked the City to exercise its emergency powers and coordinate among the affected property owners to take temporary measures, and assuming all risk associated therewith, to protect against further infiltration of rainwater into the slope on the affected properties. D. As an accommodation to Property Owner, City is willing to coordinate performance of temporary measures as above described subject to the terms and conditions set forth herein. 1 • E. City's performance of this Agreement constitutes an exercise of its police powers and its emergency powers, is for the purpose of protecting against an imminent hazard to public health, safety and welfare, and shall not be construed as an assumption of responsibility or duty of any kind towards the property or towards the remediation'of the landslide on the property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, the parties agree. as follows: 1. License. Property Owner hereby grants. City and its representatives, contractors and/or employees a revocable, nonexclusive license to. enter the property for the purpose of monitoring the landslide, performing measurements, investigations and tests, and to perform those temporary storm protection and erosion control measures recommended by City's consulting geologist. Property Owner by signing this Agreement signifies its approval of the scope of work to be performed hereunder. 2. Assumption of Risk. Property Owner hereby assumes all risk of damages to the property, and loss or impairment of the use and enjoyment thereof, including improvements, household furnishings and effects andpersonal property located therein and thereon, and including all risk of personal injury, and including loss of any and all expenditures in any manner arising out of or attributable to the City arranging for performance of the work provided for in Section 1 of this Agreement. Property Owner understands that neither City nor its consultants or contractors guaranty or warranty that the temporary protective measures will ameliorate the landslide. 3. Release. Property Ownerhereby releases and discharges and agrees to forego the right to assert any claim or bring any action against City, its officers, employees, contractors and agents, past and present, from any and all claims, losses, damages or liabilities of or to the property of the undersigned Property Owner (whether for damages to (a) the property, (b) improvements, household furnishings and effects and personal property located therein or thereon, or (c) personal injury), including but not limited to attorney's fees and costs of suit, arising out of or attributable to the City arranging to perform the work provided for in Section 1 herein. This release includes, but is not limited to, any claims arising from the City's or City's consultants/contractor's negligence in performing the work and shall constitute a bar to any action of any type or nature by Property Owner. against City and its contractors, officers, employees and agents. Property Owner hereby expressly agrees to forego the right to assert any claim or bring any action of any nature whatever against City, its officers, employees, consultants, contractors and agents for' any damages or losses of any kind attributable the work performed pursuant hereto. Property Owner expressly acknowledges that the temporary protective. measures to be undertaken pursuant to this Agreement may or may not accomplish their intended purpose; that the measures are not designed to remedy the landslide; and that the measures will not assure that the erosion will be controlled or that the landslide will not worsen. The release provided for herein extends to all claims of every nature and kind.whatsoever, known or unknown, suspected or unsuspected. The Parties hereby expressly waive the provisions of Section 1542 of the California Civil Code, which provide: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the _ _time of .executing the release, which if known by him must have materially affected his settlement with the debtor." 4. Indemnification. Property Owner hereby agrees to defend, indemnify and hold harmless City, its officers, employees and agents from claims, actions damages and liabilities asserted by third parties who suffer injuries or damages (whether personal injury or damage to personal property) by virtue of the condition of the property and the work performed pursuant to Section 1 of this Agreement. 5. Voluntary Agreement. Property Owner has obtained the adviceof legal counsel and has been advised of the nature and legal effect of the execution of this instrument, or expressly declines to secure the advice of legal counsel, nonetheless has read this instrument carefully, understands the contents hereof and knowingly forgoes the opportunity to seek legal counsel. Property Owner executes this instrument voluntarily with knowledge of its significance in consideration for City causing performance of the work contemplated herein. 6. Binding Effect. Property Owner agrees and acknowledges this instrument shall be recorded against the title of the property in the official records of the Los Angeles County Recorder. This instrument shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in or to the property or any portion thereof, and shall constitute notice of the hazard of geologic instability and landsliding that affects the property. In the event Property Owner sells, transfers, leases or otherwise conveys any interest or right of possession in the property, Property Owner shall provide any such purchaser, lessee or transferee a copy of this instrument. 7. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity shall not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according to the applicable rules of interpretation of contracts. This Agreement shall be governed by the laws of the State of California. 8. Authority. The persons so signing this Agreement hereby warrant that they have full authority and the legal power and right to sign this Agreement on their behalf, and to bind themselves and their property to the terms hereof. 3 9. Entire agreement. This agreement represents the entire integrated Agreement between City and Property Owner relative to the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either written or oral. Each party to this Agreement acknowledges that no representations, promises, inducements or agreements, oral or otherwise, have been made by any party, 'or anyone acting on behalf of any party, which are not embodied herein. This Agreement may be amended only by a written instrument signed by both City and Property Owner. PROPERTY OWNER ACKNOWLEDGES THAT: • BY SIGNING THIS AGREEMENT, WE FOREGO CERTAIN RIGHTS • BY SIGNING THIS AGREEMENT, WE FOREGO THE RIGHT TO SUE THE CITY OF ROLLING HILLS, AND ITS CONTRACTORS, CONSULTANTS, OFFICERS, EMPLOYEES AND AGENTS • NEITHER THE CITY NOR ITS CONSULTANT OR CONTRACTOR GUARANTY OR WARRANTY THAT THE WORK TO BE PERFORMED WILL HAVE A BENEFICIAL EFFECT ON THE LANDSLIDE IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. Property Owner Property Owner CITY OF ROLLING HILLS By: City Manager Attest: Deputy City Clerk Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On and for said State, personally ) ss before me, the undersigned, a Notary Public in appeared the person whose name _ acknowledged that Witness my hand and official known to meto be was/were subscribed to the within instrument and executed the same. seal. Signature 6115104 • Exhibit A Legal Description of the One Parcel created by a Lot Line Adjustment merger of a portion of. Parcel 1 of Rolling Hills Lot No. 9 -B -PT , Parcel 2 of Rolling Hills tot No. 17 -D -PT and Parcel 3 of Rolling Hills Lot 17 -A -PT as recorded in Book 592, pages 28 through 30, as adjusted by Certificate of Compliance and approved by Resolution No. 2004-13A dated May 18, 2004 Parcel 1 Those portions of Lots 9, 17, and 22 of Tract No. 19040 in the City of Rolling Hills, in the County of Los Angeles, State of California, as -per Map recorded in Book 592, pages 28 to 30 of maps, Records of said County, and of Lot 34 of L.A.C.A. No. 51, in said City, County and State as per Map recorded in Book 1, page 1 of Assessor's maps, in -the Office of the County Recorder of sad -County, described as follows: Beginning at a point in the Southerly boundary of said Lot 17, distant thereon North 84° 49' 55" East 40.00 feet from the most Easterly corner of Lot 18 of said Tract No. 19040; thence North 17° 38' 00" West 34.79 feet to the true point of beginning of the land belonging to Sam Wolinsky and Maria Louisa Wolinsky, husband and wife as joint tenants, recorded as Document No. 15, Book D 6799/370, Official Records of said County, and is the True Point of Beginning for the land described herein; Thence along the Westerly boundary of the said Wolinsky land, continuing North 17° 38' 00" West 204.11 feet to the westerly boundary of the land described in Deed to George Morris and Melanie Dawn Morris, husband and wife, as joint tenants, recorded as Document No. 90357635, March 6, 1990, Official Records of said County: Thence along the exterior boundary of last mentioned land North 17° 38' 00" West 660.00 feet to a point in the Southerly boundary of the land described in the Deed to Donald H. Wilson recorded as Document 1887 on January 24, 1957 in Book 53460 Page 177, Official Records of said County; thence along the Southerly boundary of said land South 84° 13' 55" East 167.04 feet; thence North 48° 19' 44" East 157.24 feet; thence North 32° 56' 02" East 60.00 to a point in the Northerly boundary of the land described in said Deed to the Wolinsky's; thence along said Northerly boundary North 32° 56' 02" East 260.88 feet to the Easterly boundary of said Lot 9; thence along said Easterly boundary South 7° 46' 53" West 483.68 feet to an angle point therein and the most Southerly corner of the land conveyed to Rolling Hills Community Association by Deed recorded in Book 50448 page 29, Official Records of said County; thence along the Southeasterly boundary of said land so conveyed North 41° 02' 45" East 98.40 feet; thence South 79° 14' 00" East 86.33 feet to the Northwesterly boundary of the land described as Parcel No. 1 in deed to Joseph Ferderber and wife, recorded as Document No. 1434 on June 5, 1957 in Book 54690 page 282, Official Records; thence along the exterior boundary of said last mentioned land South 35° 21' 30" West 106.06 feet; thence South 21° 39' 05" East 183.79 feet; thence South 22° 50' 27" East 96.86 feet to the most Southerly corner thereof and a point in the Easterly boundary of said Lot 9; thence along said Easterly boundary South 22° 50' 27" East 129.97 feet; thence departing from said Easterly boundary South 42° 07' 10" West 430.68 feet to the Northeasterly corner of Lot 21 of said Tract No. 19040; thence North 72° 57' 20" West 89.96 feet to the True Point of Beginning. page 1 of 4 04 1515043