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739, Demo existing SFR & garage. C, Resolutions & Approval Conditions
RESOLUTION NO. 2007-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AT 9 EASTFIELD DRIVE, IN ZONING CASE NO: 739 (LOT 55-EF), (MARGOLIS). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Dr. and Mrs. Robert Margolis with respect to real property located at 9 Eastfield Drive (Lot 55-EF), Rolling Hills, CA requesting a Site Plan Review to permit grading of 615 cubic yards of cut and 615 cubic yards of fill and construction of a new 5,000 square foot single family residence, with 704 square foot garage, 1,080 square feet of covered porches, 80 square foot attached trellis, 400 square foot detached trellis on a separate building pad, 48 square foot barbeque area, 120 square foot breezeway and 126 square foot service yard. No basement is proposed. In addition, the applicants propose to widen the driveway and modify the driveway approach. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application on February 20, 2007, April 17, 2007, and at field trip visit on March 20, 2007. The applicant was notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and, from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The Traffic Engineer reviewed the proposed driveway approach modification and recommended approval with a condition that the plants to the southwest of the driveway approach are trimmed for improved visibility from the driveway. Section 4. During the proceedings, Mr. Wallace, property owner at 11 Eastfield Drive expressed concerns over the possible loss of views from his property by the construction of the new residence and the loss of view from different areas of his property by the existing tall trees on the applicant's property. The applicant and Mr. Wallace agreed to cooperate and work with the RHCA to address removal of certain trees located in the easement and planting other trees in the easement to accomplish mutual concerns of privacy and restoring a view for Mr. Wallace. Section 5. The Planning Commission finds that the project qualifies as a Class 3 Exemption (The State of CA Guidelines, Section 15303) and is therefore Reso. 2007-06 0 Pad-fir>1r1 1 categorically exempt from environmental review under the California Environmental Quality Act. Section 6. Section 17.46.030 requires a development plan to be submitted for site plan review and approval before any grading requiring a grading permit or any building or structure may be. constructed or any expansion, addition, alteration or repair to existing buildings may be made which involve changes to grading or an increase to the size of the building or structure by at least 1,000 square feet and has the effect of increasing the size of the building by more than twenty-five percent (25%) in any thirty-six (36) month period. With respect to the Site Plan Review application requesting grading and construction of the new residence, the Planning Commission makes the following findings of fact: A. The proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the proposed structure complies with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setbacks and lot coverage requirements. Due to the fact that the property has a 25-foot side yard easement, the development will be located further away from the side property line than it would be required under the Zoning requirements of 20 feet setback. The net lot area of the lot is 138,030 square feet, (3.17 acres). The structural coverage is proposed to be 7,700 square feet of structures, which constitutes 5.6% of the net lot, which is within the maximum 20% structural lot coverage requirement. The total lot coverage including all structures, paved areas and driveway is proposed to be 17,262 square feet, which constitutes 12.5% of the net lot which is within the 35% maximum overall net lot coverage requirement. The project is proposed to be screened from adjacent properties. Adequate area adjacent to the existing stable is available to construct an addition to the existing 420 square foot stable to meet the minimum requirement of 450 square feet stable. The existing corral meets the minimum requirement for a 550 square foot corral. The project complies with all other requirements of the Zoning Ordinance, except for the of 30% guideline of building pad coverage. B. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because the new structure will not cause the lot to look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain open space on the property. The nature, condition, and development of adjacent uses, buildings, and structures and the topography of the lot have been considered, and the construction of the new house will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures because the proposed structure will be constructed on a portion of the lot which is the least intrusive to surrounding properties, will be located on an existing building pad, so that no new grading would be required to enlarge the building pad, will be screened and landscaped with trees and shrubs and is a sufficient distance from nearby residences. With the neighbors' cooperation and request for new landscaping, the proposed structure will not impact the view or privacy of surrounding neighbors. Reso. 2007-06 Q FaatfiplA 2 C. The proposed development, as conditioned, is harmonious in scale and mass with the site and adjacent properties. As indicated in Paragraph A, the lot coverage maximum set forth in the Zoning Code will not be exceeded. D. The development plan, with the mitigation measures, which includes a condition to provide a landscaping plan that would provide privacy for the adjacent property owner and to open up view corridors for the adjacent property owner incorporates existing and new trees and native vegetation. E. The residence will be developed on an existing building pad. Grading for this project will involve 615 cubic yards of cut and 615 cubic yards of fill, and will be balanced on site. The new development will be located on an existing building pad in the same general configuration as the existing residence. F. The proposed development is sensitive and not detrimental to the convenience and safety of circulation for pedestrians and vehicles because access will be taken from an existing road and will utilize the existing driveway. G. The project conforms to the requirements of the California Environmental Quality Act and is exempt. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 739 for grading and construction of a new residence, as shown on the Development Plan dated February 12, 2007, and marked Exhibit A, subject to the following conditions: A. The Site Plan Review approval shall expire within two years from the effective date of approval if construction pursuant to these approvals has not commenced within that time period, as required by Sections 17.38.070 and 17.46.080(A) of the Rolling Hills Municipal Code, or the approval granted are otherwise extended pursuant to the requirements of these sections. B. It is declared and made a condition of the Site Plan Review and Variance approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Building Code, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated February 12, 2007, except as otherwise provided in these conditions. Reso. 2007-06 Q Factfiald 3 E. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. F. All utility lines to the new development shall be placed underground. G. The development shall at all times comply with City's Lighting Ordinance, roofing material ordinance and all other City's and County's ordinances and codes. H. The property on which the project is located shall contain a set aside area to provide an area meeting all standards for a stable, corral with access thereto. I. Grading shall not exceed 615 cubic yards of cut and 615 cubic yards of fill and shall be balanced on site. - J. Structural lot coverage shall not exceed 7,700 square feet or 5.6% of the net lot area of the lot, which includes the stable, but excludes the detached trellis and barbecue area. K. Total lot coverage of structures and paved areas shall not exceed 17,262 square feet or 12,5% in conformance with lot coverage limitations. L. The disturbed area shall not exceed 36,375 square feet or 26.3%. The new residence will be located on an already disturbed pad. M. Residential building pad coverage on the 19,558 square foot residential building pad shall not exceed 6,530 square feet or 33.4%. The stable building pad shall have coverage of 6.9%. N. The drainage devices shall be kept clear of vegetation and other debris to allow uninterrupted water flow. A 24-inches below ground drainage pipe shall traverse the property from south side to the north side. The head wall and the dissipater are proposed to be located in the easements, and have been approved by the Rolling Hills Community Association. O. The southerly side yard setback line (20 feet from property line) and the 25-foot easement line shall be delineated during the entire duration of the construction and no construction or grading shall take place in the easement or setback. P. The paved portion of the driveway shall be minimum 16 feet wide and shall be tinted in earth tone color or otherwise be constructed of decorative stone, tile or other decorative material. The remainder of the driveway, not to exceed a total of 20 feet in width, shall be decorative and constructed of porous material. Reso. 2007-06 Q Paetfi.lrl 4 Q. The driveway approach may be moved to the south, subject to trimming of trees located on the southwestern corner of the driveway for better visibility when driver is coming out of the driveway. An approval for trimming of the trees shall be obtained from the RHCA, as some of the trees may be located in roadway easement. R. A minimum of four -foot level path and/or walkway, which does not have to be paved, shall be provided around the entire perimeter of the residence and garage. S. The property shall be landscaped and screened from adjacent properties. Landscaping shall be designed using trees and shrubs so as not to obstruct views of neighboring properties but to screen the project. Landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions, and utilizes means to reduce water waste resulting from runoff and overspray. The proposed landscaping, if approved by the Rolling Hills Community Association, may be located in the southerly easement. Such landscaping shall be developed for the purpose of screening the subject development from 11 Eastfield Drive and to provide for privacy for the subject property and the property to the south. Additionally, the applicant should cooperate with the property owner to the south to trim and / or remove several of the existing trees to restore a view corridor for the property to the south. The areas where the trees are to be removed shall be remediated and planted with ground cover or low growing bushes to prevent erosion of the soil and slopes. T. Prior to the issuance of any building or grading permit two copies of a preliminary landscape plan shall be submitted for review by the Planning Department in compliance with condition "S" above. Native trees and other native plants shall be utilized, and which are consistent with the rural character of the community. U. If during construction a construction fence is installed, it shall not block any easements or trails. V. During construction perimeter easements shall remain clear and free of debris, parked vehicles, building material, building equipment and all other construction items. W. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, and objectionable odors shall be required. X. During construction, the Erosion Control Plan containing the elements set forth in Section 7010 of the 2001 County of Los Angeles Uniform Reso. 2007-06 Q Factfield 5 Building Code shall be followed to minimize erosion and to protect slopes and channels to control stormwater pollution as required by the County of Los Angeles. Y. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. Z. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. AA. The property owners shall be required to conform with the Regional Water Quality Control Board and County Health Department requirements for the installation and maintenance of septic tanks. AB. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. AC. The Planning Department and County District Engineer shall approve the drainage plan. All water from any site irrigation systems and all drainage from the site shall be conveyed in an approved manner and shall drain towards the north of the property. The water shall not sheet over onto the neighboring properties. Drainage structures may be located in easements, as approved by the Rolling Hills Community Association. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. AD. The applicants shall pay all of the applicable School District fees, Los Angeles County Building and Safety and Public Works Department fees, including Parks and Recreation Fees for new residence. AE. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any grading or building permit. AF. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills Municipal Code, any modification to the proposed porches, including filling in any portion of the porches or the breezeway, as shown on the site plan on file marked Exhibit A and dated February 12, 2007, shall require the filing of a new application for approval by the Planning Commission. AG. Until the applicant executes an Affidavit of Acceptance of all conditions of the Site Plan Review approval, as required by Section 17.46.065 of the Municipal Code, the approvals shall not be effective. Reso. 2007-06 Q Factfialrl 6 AH. All conditions of the Site Plan approval that apply shall be complied with prior to the issuance of a grading or building permit by the County of Los Angeles. AI. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MAY 2007. ATTEST: MARILYN L. KERN, DEPUTY CITY CLERK ARVEL WITTE, CHAIRMAN Reso. 2007-06 Q Pactfialrl 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) §§ I certify that the foregoing Resolution No. 2007-06 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR GRADING AND CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE TO REPLACE AN EXISTING RESIDENCE AT 9 EASTFIELD DRIVE, IN ZONING CASE NO. 739 (LOT 55-EF), (MARGOLIS). was approved and adopted at a regular meeting of the Planning Commission on May 15, 2007 by the following roll call vote: AYES: Commissioners DeRoy, Hankins, Henke, Sommer and Chairman Witte. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2007-06 Q Factfialrl DE'UTY CITY CLERK 8 ti • TITLES) This page is part of your Pag 20072606263 0013es: Reco ded/Filed in Of icial Records Fees. $42.00 Recorde's Office, Los Angeles County , Taxes: $0.00 California Other: $0.00 11 /27/07 AT 10:1 5AM Paid: $42.00 0001404718 200711270620022 LEAD SHEET Counter Assessor's Identification Number (AIN) To be completed by Examiner OR Title Company in black ink. Number of AIN's Shown E438467 THIS FORM IS NOT TO BE DUPLICATED • • u 11 /27/07 Mi N 20072608263 RECORDING AT THE REQUEST OF AND MAILED TO: g4t4-0- A caml-Occe /t9u,M)G N.cte,, at. 9'oz79 COVENANT AND AGREEMENT REGARDING PRIVATE SEWAGE TREATMENT / DISPOSAL SYSTEM AND THE USE AND TRANSFER OF OWNERSHIP OF PROPERTY SUBJECT TO THIS COVENANT AND AGREEMENT u WHEREAS, the undersigned property owners) (hereinafter referred to as the OWNERS) own that certain real property described in Exhibit "A" attached hereto (hereinafter referred to as the PROPERTY), which is served, or shall be served, by an Alternative / Enhanced Private Sewage Treatment / Disposal System constructed and installed pursuant to the County of Los Angeles Uniform Plumbing Code and Health and Safety Code; and WHEREAS, OWNERS represent that they are the sole owners of PROPERTY, being situated in the COUNTY of Los Angeles, State of California, and described as follows: Legal Description of PROPERTY: gt.. 1 (If lengthy, include as Attachment " A" ) Street Address / location of PROPERTY: d 1�r , �� i6y � '-�-G� a • fo z71/ NOW THEREFORE, the undersigned OWNERS, in consideration of the benefits accruing by reason of being permitted to construct the Alternative / Enhanced Private Sewage Treatment / Disposal System and/or occupy dwelling(s) on PROPERTY, do hereby promise, covenant, and agree with the County of Los Angeles that the Alternative / Enhanced Private Sewage Treatment / Disposal System approved by the County and constructed and installed on the property shall at all times comply with all current and future ordinances addressing Alternative / Enhanced Private Sewage Treatment/Disposal Systems, and that such Alternative / Enhanced Private Sewage Treatment/Disposal System shall be at all times properly repaired and maintained, in good and operable condition, and that the OWNER shall at all times maintain in force a maintenance agreement with an approved servicing company covering such system, and shall provide upon request all maintenance and monitoring information to the County of Los Angeles, Division of Environmental Health. The County is hereby granted easement rights to inspect the Alternative / Enhanced Private Sewage Treatment/Disposal System to insure compliance with this Covenant and Agreement. Declaration of OWNER(S): See Exhibit "B" Maintenance Agreement: See Exhibit "C" • DECLARATION OF OWNERO 7 -r Declare and state the following: 1. I own the property and residence at 9 a4 11 - - . . Los Angeles County. California. (' ..47,. 2. The percolation rate on my property for a standard private sewage disposal system, with a septic tank and standard drain field exceeds the maximum percolation rate allowed by the Los Angeles County Plumbing Code. 3. I have applied to the County of Los Angeles Department of Health Services for a permits to install a technologically advanced, alternative private sewage disposal system to pre- treat the sewage effluent prior to dispersal as a means of protecting groundwater quality. 4. I have entered into a contract with an authorized. For the ongoing maintenance and monitoring of the system, including its computer monitoring and maintenance. A copy of this agreement is included in this Covenant Agreement. Upon approval of this system, I will have this document, its exhibits and attachme ts, recorded with the County Recorders Office against the title of q .r1? 4»1C 1. . Los Angeles County, California. Any change in co ract with an authorized service provider will be filed with the County of Los Angeles, Department of Health Services, Division of Environmental Health within 30 days. 5. Because the improved alternative system is relatively new, I understand that it does not comply with certain provision of the County of Los Angeles Plumbing Code currently in effect. 6. However, based on discussions, consultations, and! agreementsowith the representatives of the County Health, County Public Works, and u4444- ,1P. talso understand that the alternative system as installed, will meet and/or exceed the spirit, purpose, and intent of all applicable rule, regulations, provisions, and codes, and as such is acceptable to both the Department of Health and Department of Public Works in Los Angeles County. 7. This document is an acknowledgment of our understanding of the site specific limitations of our property related to sewage disposal, the nature of the alternative system to be installed, and the acceptance of the obligations and responsibilities of owning and using such a system. I declare under penalty of perjury under the laws of the State of California that the foregoing facts are true and correct. Executed the 7 day of Ve By: /Shotiiikt 7 E6rr- ,. .c4 Dr' • • ele FURTHERMORE, the undersigned OWNERS, in consideration of the benefits accruing because of being permitted to occupy dwelling(s) on PROPERTY with the Alternative /Enhanced Private Sewage Treatment / Disposal System described above do hereby promise, covenant and agree with the County of Los Angeles that any subsequent owner of PROPERTY and the appurtenant easement shall be fully and completely informed of the existence of the Alternative / Enhanced Private Sewage Disposal System, and of the obligation that said Alternative/Enhanced Private Sewage Disposal System shall be properly repaired and maintained at all times as set forth herein. FURTHERMORE, the undersigned OWNERS hereby covenant to abide by any and all future ordinances that may be enacted by the County of Los Angeles governing Alternative/Enhanced Private Sewage Treatment / Disposal Systems. This COVENANT AND AGREEMENT shall run with the land and shall be binding upon all future owner, heirs, successors, and assigns of the PROPERTY and the appurtenant easement. This COVENANT AND AGREEMENT shall only be terminated by a RELEASE OF COVENANT AND AGREEMENT duly executed by an authorized agent of the County of Los Angeles, Division of Environmental Health, or its successor agency; said RELEASE shall not be effective until recorded in the County of Los Angeles Recorder's Office. Dated this ,4 7 day of A.)014 w , Zd97 Print Name Signature Print Name Print Name Signature Signature Print Name Signature EXHIBIT B C:\MyFiles\Mt & RuralWlternative-Enhanced System Covenant. Notary Acknowledgment Attention Notary — The information below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. This certificate must be attached to the document described below: Title or Type of Document Number of Pages Date of Document Signer(s) other than named below STATE OF V\SXN\S).) COUNTY OF AN.. On ..nk3\ &I.DL.09 Scv NIMC C al }- SS. before me, Q-C-1Yrk1 !rl Q rTi1A , Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. • Signature (Seal) Wolcotts Forms, our resellers and agents make no representations or warranty, express or implied, as to the fitness of this form for any specific use or purpose, If you have any question, it is always best to consult a qualified attorney before using this or any legal document. ©2005 WOLCOTTs FORMS, INC. CAROLYN CRYSTAL COMM.# 1674610 prA� NOTARY PUBLIC •CALIFORNIA �Ft On ,A,RMES COUNTY - MY Comm. ExF, Jun 13, 201tt F, IlIlIlIlIl INI 7 67775 63237 8 #63237C REV. 10 05 Notary Acknowledgment Attention Notary — The information below is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. This certificate must be attached to the document described below: Title or Type of Document Number of Pages Date of Document Signer(s) other than named below STATE OF `O-€3,\9.,) COUNTY OF kt3i.- - aTVIONQV Q/1 SS. On c3/ 71, `ate`-1 before me, , Notary Public, personally appeared fr)1^42x- )S" Vtavy15-) personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the .same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Wolcotts Forms, our resellers and agents make no representations or warranty, express or implied, as to the fitness of this form for any specific use or purpose. If you have any question, it is always best to consult a qualified attorney before using this or any legal document. 02005 WoLcorrs FORMS, INC. CAROLYN CRYSTAL CoMi4. # 1674610 m NOTARY PU UC•CALfFORNIA lif Los A o€tEs COuRTY ,a MY Coma. Ex-P. Juke 13, 2010 T IIIIIIIII ll 7 67775 63237 8 #63237C REv. 10 05 0001937424 • EXHIBIT "A" LEGAL DESCRIPTION: THOSE PORTIONS OF LOT "H' OF THE RANCHO LOS PALOS VERDES, ALLOTTED TO JOTHAM BIXBY BY DECREE OF PARTITION IN THE ACTION `BIXBY ET AL VS BENT, ET 1", CASE NO. 2373 IN TH DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT OF SAID STATE OF CALIFORNIA, IN AND FOR SAID COUNTY OF LOS ANGELES, AND ENTERED IN BOOK 4 PAGE(S) 57 OF JUDGMENTS. IN THE SUPERIOR COURT OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND SHOWN AS PARCEL NO. 55 ON MAP FILED IN RECORD OF SURVEY IN BOOK 58 PAGE(S) 6 TO 10, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL, NORTH 88° 20' 25" EAST 600.44 FEET AND NORTH 86° 11' 39" EAST 30.00 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE CENTERLINE OF ROAD NO. 15-A-AS DESCRIBED IN DECLARATION OF RESTRICTIONS NO. 150-AF, RECORDED IN BOOK 24097 PAGE(S) 227 OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL AND THE CENTERLINE OF SAID ROAD NO. 15-A THE FOLLOWING COURSES AND DISTANCES: NORTH 3° 48' 21" WEST 100.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 125.00 FEET; NORTHERLY ALONG SAID CURVE 40.00 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL; THENCE ALONG THE BOUNDARY OF SAID PARCEL, THE FOLLOWING COURSES AND DISTANCES; NORTH 75° 28' 21" WEST 277.03 FEET; NORTH 27° 26' 55" WEST 355.54 FEET AND SOUTH 19° 14' 20" WEST 577.77 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR ROAD PURPOSES OVER THE ROADS DESCRIBED IN DECLARATION OF RESTRICTIONS NO. 150-AF. RECORDED IN BOOK 24097 PAGE(S) 227 OFFICIAL RECORDS. EXCEPTINLG.THEREFROM THAT PORTION THEREOF LYING WITHIN THE ABOVE DESCRIBED PARCEL NO. 1. ASSESSOR'S PARCEL. NO: 7567-002-014 Date of Agreement: Service Provider: EnviroServer® ES Maintenance Agreement Exhibit "C" October 26,2007 Start-up Date: N/A PENINSULA SEPTIC SERVICE, INC. 1840 S. Gaffey Street, #53 San Pedro, CA 90731 Property Owner Information: NAME: Bob and Lisa Margolis INSTALLATION ADDRESS: 9 Eastfield Drive HOME TELEPHONE NUMBER: 310-377-6710 ASSESSOR'S PARCEL NUMBER: PARCEL LEGAL DESCRIPTION: Equipment Information: (if more than one MicroSepTec/EnviroServer ie System is covered by this Agreement, see Addendum "A" listing each specific) Model #: ES-12 Serial #: Capacity (gpd): 1200 The EnviroServer® ES series consists of the following standard components: extended storage fiberglass tank, 3 adjustable risers, air diffuser assembly. air compressor, biomedia, re -circulation pump (air-lift). audible and visual alarm, high level alarm float, compressor failure sensor and effluent filter. This EnviroServer® ES system contains the following components: X Telemetry & Interface Control Board. ❑ UV Disinfection D Low Pressure Effluent Pump Assembly ❑ High Pressure Effluent Pump Assembly ❑ Headworks Box O Drip Irrigation Kit ft This system(s) is installed to service 1 structure(s). The EnviroServer® shall, at times, be referred to in the Agreement as "System''. The system shall only include the EnviroServer(s)® identified by the serial number(s) set forth above or on an attached addendum. The System shall not include any residential electrical wiring, telephone wiring, plumbing, drainage or dispersal systems external to the System. Property Owner agrees to an express service lien on the property until all amounts due are paid in full. IMPORTANT: • All provisions on this agreement and any addendum attached hereto, constitutes a recordable instrument, which shall be recorded against the property described above. Read them carefully. No substitutions or changes will be effective without joint approval of property owner and service provider. Any and all fees, costs, expenses or other amounts due hereunder are payable at time gfservtce. �— s Signed by: Signed by: , Owner Service Provider PENINSULA SEPTIC SERVICE, INC. Date System was inspected and approved by the appropriate regulatory agency. MircroSepTec Maintenance Agreement CERTIFICATE OF ACKNOWLEDGMENT State of California, County of I,i�1�> A11 ss. Oncrw,t ctv t before me� ovally appeared if) l�' (or proved to me on the basis of satisfactory evidence) to be the person whose whose name($ is/re subscribed to the within instrument and acknowledged to me that he/sKe/tl y executed the same in his/l r/their authorized capacity(ips`), and that by his/h /theic signature(,g''on the instrument the person( or the entity upon behalf of which the personcy) acted, executed the instrument, WITNESS my hand and official seal. SARA COThNGHAM Commission # 1665225 Notary Pubiic - California Los Angeles Counter My Comm. Expires May 9, 2010" (Notary Seal) Notary Signature 2 • • EnviroServer® ES Maintenance Agreement 1. Services During the term of this Maintenance Agreement ("Agreement'), Service Provider, or its agent, shall perform the following maintenance services with respect to the System. (Service Provider) shall be responsible for delivering and performing only those Services specifically identified below and shall not be responsible for any site work, engineering, plumbing, electrical, or any other items pertaining to the installation of the System, including, without limitation, retaining walls, other structures or grading, which may be contiguous to the System, geology, structural engineering, surveying, preparation of the overall plot plan or contour lines on the plot plan. In order to assist it in carrying out its duties and responsibilities pursuant to this Agreement, (Service Provider) may subcontract with or otherwise engage the services of one or more third parties, 1.1. Preventative Maintenance Service (Service Provider) shall, at six-month intervals, perform scheduled Preventive Maintenance Service for the System during the (Service Provider's) normal business hours. All Preventive Maintenance Service shall be performed on -site at the property address of the System identified on the face of this Agreement. Preventive Maintenance Service means the cleaning, lubricating, inspecting, testing, sampling and adjusting of System and the replacement of defective parts. Preventive Maintenance Service also includes upgrades required for the System to the extent the manufacturer or third party suppliers make such upgrades available. The Property Owner agrees to the Preventive Maintenance Service rates set forth on Exhibit A. 1.2. Remedial Maintenance Services (Service Provider) shall provide on -site Remedial Maintenance Service in response to an "Alarm One" reported by Property Owner, or by the on -board computer with forty-eight (48) hours of (Service Provider's) receipt of notice of the same. Alarm One means an Alarm indicated by visual and audible notification at the property address of System prompted by a malfunction on the System, preventing it from operating within manufacturer's operation specifications. Problems with the System other than Alarm One shall be addressed as Preventive Maintenance Service during normal business hours. If "Alarm One" is caused by a mechanical malfunction during the 2-year warranty period, the Property Owner shall not be responsible for cost of the repair. The Property Owner agrees to the Remedial Maintenance Service Rates set forth on Exhibit A. 1.3. System Surveillance Pursuant to that certain Monitoring Agreement entered into concurrently herewith, by and between MST Holdings ("MST") and Property Owner, MST shall remotely monitor the System for System alarms on continuous basis for the time of start-up and for so long as the System is in service. System components monitored include, but are not limited to, pump, aerators, and high level alarms. 1.4. Notice of Alarm Ones Property Owner shall notify (Service Provider) of Alarm Ones by telephone. Property Owner shall cooperate with (Service Provider's) reasonable requests for information and answers to questions under (Service Provider's) standard "trouble report" to determine the cause of the reported problem and whether a Remedial Maintenance Service visit is required. 1.5. Resnonse to Alarm Ones If (Service Provider) cannot reasonably determine from the trouble report than an Alarm One received during Emergency On -Call hours was caused by something other than a malfunction in System, (Service Provider) shall, within twenty-four (24) hours of receiving and acknowledging receipt of Property Owner's Alarm One, dispatch a service technician to the Property Address of the System as specified on the face of this agreement. Upon arrival, (Service Provider's) service technician shall be given all necessary ingress and aggress to premises. 1.6. Delay in Resnonse (Service Provider) shall he excused from delays in responding to Service if caused by force majeure, fires, weather conditions, labor controversies, delays in procurement of parts or supplies, or other causes beyond the control of (Service Provider). 1.7. (Service Provider) shall be responsible for delivering and performing only those Services specifically identified herein and shall not be responsible for any site work, engineering, plumbing, electrical, or any other items pertaining to the installation of the System, including, but not limited to, retaining walls, other structures or grading, which may be contiguous to the System, geology, structural engineering, surveying, preparation of the overall plot plan or contour lines on the plot plan. In order to assist it in carrying out its duties and responsibilities pursuant to this Agreement, (Service Provider) may subcontract with or otherwise engage the services of one or more third parties. 2. Obligations of (Service Provider) and Pronertv Owner (Service Provider) agrees to perform the Services in accordance with generally accepted professional practices, in the same and similar localities, related to the nature of the work accomplished, at the same time the Services are performed. 2.1. While (Service Provider) will use reasonable efforts to complete its work in accordance with this Agreement, timing and cost requirements are subject to factors beyond (Service Provider's) control, including force majeure events and delays caused by third parties and Property Owner. (Service Provider) shall not be responsible for any delays, cost overruns, or liability resulting from such factors. To facilitate prompt and efficient completion of the Services, Property Owner and its personnel shall cooperate fully with (Service Provider) and its personnel in all respects, including, without limitation, providing information as to Property Owner requirements, providing access to the facilities at which the System is to maintained ("Facilities"), and providing access to all necessary information regarding Property Owner's Systems and Facilities. 2.2. Property Owner shall be responsible for making, at its own expense, any changes or additions to Property Owner's current Facilities that may be required to support operation of the System. • 2.3. Property Owner shall ensure that: 2.3.1. No repair attempts or other changes are made to System by anyone other than MST Certified Service Technician. 2.3.2. The System is pumped on a regular (Every 1-3 years depending on usage). 2.3.3. The System is not mishandled, misused, neglected, abused, vandalized, damaged by fire, lightning or water, subjected to hazardous chemicals, or otherwise subjected to unusual electrical or physical stress beyond the manufacturer's specified operating capabilities. Property Owner understands that there are no owner serviceable items on the System and that MST's Certified Service Technicians using only manufacturer -approved parts must conduct all repairs and service. The EnviroServer® wastewater treatment system is based on a biological process using natural bacteria and oxygen for efficiently digesting the waste in the water. The following item are examples of what should never by flushed down the drain or toilet because these Initial Here: 3 • eicroSepTec Maintenance Agreement items can overtax or destroy the biological digestion or clog pumps and pipes and constitute misuse and/or abuse of the System: excessive amounts of fat, grease or oil, coffee grounds, disposal diapers, feminine hygiene products, condoms, cigarette butts, gauze bandages, Q-tips, toys, dental floss, construction debris, kitty litter, excessive amounts of disinfectants and cleaning supplies, chemicals, such as paints, varnishes, thinners, waste oils, photographic solutions, pesticides and medicines, 2.3.4. Property Owner is responsible for maintaining continuous phone (if applicable) and electrical service to the System. 2.3.5. Property Owner will insure the System's structural integrity is protected by certain acts, including, but not limited to, construction of a structure on the System, blocking access to the System, or allowing vehicles and other heavy equipment to travel over the System. • 2.4. Subject to any obligation (Service Provider) and/or MST may have under applicable federal, state or local law, statute ordinance or regulation, (Service Provider) agrees to use its best efforts to maintain strict confidentiality relating to the Services and shall release any such information only to its employees and subcontractors in the performance of the Services or to Property Owner's authorized representatives and to persons designated by the same to receive such information. Notwithstanding the foregoing, Property Owner hereby acknowledges and agrees that (Service Provider) may need to share information regarding the Services with MST in connection with its provision of services under the Monitoring Agreement. 2.5. (Service Provider) shall perform all Preventive and Remedial Maintenance. These obligations include, but are not limited to, six-month inspections and emergency services available within twenty-four (24) hours of service request. 2.6. Property Owner hereby acknowledges and agrees that this Agreement shall be executed concurrently with the Monitoring Agreement and the Purchase and Sale Agreement, both of which must be executed at the time of the purchase and sale of, and prior to the installation of, the System. Execution of the same is an express prerequisite to sale and installation of the System. 2.7. To the extent any Preventive or Remedial Maintenance Service is required after start up because of Property Owner's failure to comply with the items of this section, (Service Provider) may, at its sole discretion, bill for these services at (Service Provider's) then current and applicable service rates. 3. Access to Pronertv Owner Facility (Service Provider), its employees and agents, will be granted access to the System on an as -needed basis for the purpose of repairing failures. Access to Property Owner Facilities shall be restricted to normal business hours, except for emergency services. Access to Property Owner Facilities outside normal business hours must be approved in advance by Property Owner, which approval will not be unreasonably withheld, except in the case of an emergency. (Service Provider) shall have no tenancy, or any other property or other rights in Property Owner Facility. All (Service Provider) personnel shall carry and produce, when requested, a valid identification card. While at any Property Owner Facility, (Service Provider's) personnel, contractors, and subcontractors shall (1) comply with Property Owner's requests regarding personal and professional conduct and (2) otherwise conduct themselves in a professional and businesslike manner. 4. Acceptance of Services When (Service Provider) notifies Property Owner that it has completed the Services, Property Owner shall have three (3) days to evaluate the Services to determine whether they reasonably conform to the System specifications and the requirements of the Agreement. (Service Provider's) performance of the Services shall be deemed accepted by Property Owner unless the Property Owner to provide written notice to (Service Provider) before the end of three (3) day evaluation period that the performance does not conform to the specifications. Such notice shall describe with particularity the nature of the nonconformance. If Property Owner gives timely notice that (Service Provider's) performance is nonconforming, (Service Provider) shall have seven (7) days from receipt of the notice to make and submit to Property Owner changes that may reasonably be required to correct the deficiencies described in the notice. Property Owner shall not unreasonably withhold or delay acceptance. (Service Provider's) sole liability, and Property Owner's sole remedy, for nonconformance with the specifications shall be to cure the nonconformance. 5. Payment (Service Provider) shall provide all Preventive and Remedial Services on a time and materials basis at (Service Provider's) then current rates for so long as the System is in service. 6. Expenses Property Owner shall reimburse (Service Provider) for all expenses reasonably incurred in rendering services to Property Owner pursuant to this Agreement ("Expenses"). Such Expenses shall include, without limitation, reasonable travel expenses (including transportation, lodging, and meals. Property Owner shall also reimburse (Service Provider) for special or unusual expenses incurred at Property Owner's specific request. Expenses shall normally be invoiced upon completion of service. All invoices shall be paid by Property Owner within fourteen (14) days of receipt. Time is of the essence of this payment obligation. Payments not made within such time period shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. 7. Taxes Property Owner shall pay or reimburse (Service Provider) for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the performance of the Services under this Agreement: excluding, however, income taxes on profits which may he levied against (Service Provider). 8, Other Fees Unless otherwise provided in the Agreement or in one of its Exhibits, payment for all other services rendered by (Service Provider) shall be at (Service Provider's) then current rates. 9. Term and Termination 9.1. Term This Agreement shall commence upon the parties' execution of this Agreement and shall continue in full force and effect until termination as provided in herein. 9.2. Termination If either party is in breach of any material term or condition of this Agreement and such breach has remained uncorrected for sixty (60) days after notifying the other party, in writing, of the specific breach, either party may terminate this Agreement upon written notice, subject to local regulatory requirements and/or covenants. Notwithstanding the foregoing, (Service Provider) shall have the right to immediately stop all work for Property Owner and advise regulators of same, if Property Owner fails to pay MST in a timely manner as required hereunder. Any such failure to pay shall constitute a material breach of this Agreement by Property Owner. Initial Here: ri-4r 4 • • MicroSepTec Maintenance Agreement 10. Limited Warranty MST warrants the System to be free from defects in material and workmanship for a period of two (2) years from the date of original purchase. MST's sole obligation under this warranty is to provide any parts to the System that need to be replaced provided that such obligation shall automatically terminate in the event the System has been altered by Property Owner or any other third party in any way. This warranty covers only normal, authorized use of the System. MST is not responsible for warranty service should the MST label, logo, or serial number be removed or should the System fail to be properly maintained or fail to function properly as a result of misuse, abuse, improper installation, neglect, improper shipping, damage caused by disasters such as fire, flooding by external means, lightning, improper wiring or electrical current, interaction with non -MST products, service other than by a MST authorized service provider or the discharging of hazardous or flammable materials through the System. This warranty applies only to the System and does not include the chlorine tablets, if applicable, or any of the existing on -site wiring, plumbing, drainage or additional disposal system. In addition to, and not in limitation of anything else contained in this warranty. MST is not responsible for any delay or damages caused by defective components or material, or for loss incurred because of interruption of service, or for any other special or consequential damages or incidental expenses arising from the manufacture, sale, or use of the System. The System is based on a biological process using natural bacteria and oxygen for efficiently digesting the waste in the water. The following items are examples of what should never be flushed down the drain or toilet because these items can overtax or destroy the biological digestion or clog pumps and pipes and constitute misuse and/or abuse of the system: excessive amount of fat, grease or oil, coffee grounds, disposal diapers, feminine hygiene products, condoms, cigarette butts, gauze bandages, Q-tips, toys, dental floss, construction debris, kitty litter, excessive amounts of disinfectants and cleaning supplies, chemicals, such as paints, varnishes, thinners, waste oils, photographic solutions, pesticides, and medicines. MST reserves the rights to revise, change, or modify the construction and design of the System or any component part or parts thereof without incurring any obligation to make such changes or modifications in previously manufactured equipment. MST also reserves the right, in making replacements of component parts under this warranty, to furnish a component part which, in its judgment, it equivalent to the company part replaced. I I. Disclaimer of Warranties THE LIMITED WARRANTY AND REMEDY PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY PERSON OR FIRM ARE EXPRESSLY VOID. THE LIMITED WARRANTY IS SOLELY FOR THE BENEFIT OF PROPERTY OWNER AND PROPERTY OWNER SHALL HAVE NO AUTHORITY TO EXTEND SUCH WARRANTY TO ANY THIRD PARTY, EXCEPT AS EXPRESSLY SET OUT HEREIN, PROPERTY OWNER EXPRESSLY AGREES AND ACKNOWLEDGES THAT USE OF THE SYSTEM iS AT PROPERTY OWNER'S SOLE RISK. THE SYSTEM iS PROVIDED "AS IS" WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EXCEPT AS EXPRESSLY SET OUT HEREIN. MST DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.' MST DOES NOT WARRANT THAT THE SYSTEM WILL MEET PROPERTY OWNER'S REQUIREMENTS OR THAT THE OPERATION OF THE SYSTEM WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT DEFECTS IN THE SYSTEM WiLL BE CORRECTED. EXCEPT AS EXPRESSLY SET OUT HEREIN, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SYSTEM iS ASSUMED BY PROPERTY OWNER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MST OR MST'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LiMiTED WARRANTY. SHOULD THE SYSTEM PROVE DEFECTIVE, PROPERTY OWNER (NEITHER MST NOR ITS AUTHORIZED REPRESENTATIVES) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. 12. Limitation of Liability iN NO EVENT SHALL MST BE LIABLE TO PROPERTY OWNER OR ANY THiRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH MST'S PERFORMANCE UNDER THiS AGREEMENT OR USE OF OR INABILITY TO USE THE SYSTEM. IF ANY, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF MST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MST'S TOTAL LIABILITY TO PROPERTY OWNER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER iN CONTRACT, [INCLUDING NEGLIGENCE] OR OTHERWISE), SHALL NOT EXCEED THE AMOUNT OF THE MAINTENANCE FEES ACTUALLY PAID BY PROPERTY OWNER PURSUANT TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, MST SHALL NOT BE LIABLE FOR DEFECTS IN OR FAILURES OF THE SYSTEM FROM OR DEVELOPED BY THIRD PARTIES, OR FOR DEFAULTS BY, OR DEFECTS IN SERVICES RENDERED BY, THIRD PARTIES. 13. Indemnification 13.1. MST, their respective distributors and dealers shall indemnify Property Owner and hold it harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by Property Owner as a result of any claim, judgment, or adjudication against Property Owner arising from (i) any breach or allegation which, if true, would constitute a breach of any of MST's obligations or warranties in this Agreement: (ii) the actions or omissions of MST, its officers, directors, employees, independent contractors, agents, assigns, or any other person or entity working under the supervision of or at the direction of MST, provided that Property Owner (a) promptly notifies MST in writing of any such claim and gives MST the opportunity to defend or settle any such claim at MST's expense and (b) cooperates with MST, at MST's expense, in defending or settling such claim. 13.2. Property Owner shall protect, defend and indemnify MST, their respective agents, distributors, dealers, subcontractors and employees, and hold them harmless from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication against them related to or arising from: (i) any breach or allegation which, if true, would constitute a breach of any of MST's obligations or warranties in this Agreement; (ii) the actions or omissions of MST, its officers, directors, employees, independent contractors, agents, assigns, or any other person or entity working under the supervision of or at the direction of MST, provided that Property Owner (a) promptly notifies MST in writing of any such claim and gives MST the opportunity to defend or settle any such claim at MST's expense and (b) cooperates with MST, at MST's expense, in defending or settling such claim. MST shall have no liability for intellectual property infringement to the extent that the infringement arises from (i) use of the System in combination with any third party Systems; (ii) modifications or maintenance of the System by a party other than MST or an MST authorized agent; (iii) misuse of the System; and (iv) failure of Property Owner to implement any improvement of the System, if the infringement claim would have been avoided by the use of the improvement. 14. Covenants Runnine with the Land (If applicable) it is agreed and understood that this Agreement is made and accepted by the Property Owner as a "covenant running with the land" and that this Agreement shall apply to and be binding upon all successive future owners and occupants as it is to the original Property Owner herein. The Property Owner acknowledges and agrees that this Agreement creates a lien upon the described land and said lien may he foreclosed against said property or owner upon non-payment of any fees, costs, payments or other charges due hereunder when such non-payment exceeds a period of thirty (30) days. The property Owner, by executing this Agreement, expressly vests in MST, or (Service Provider), or its successors and assigns, the right to bring all actions against the owner of the property as herein described or any part hereof for the collections of the any such charges. Initial Here: 5 • • MicrSepTec Maintenance Agreement 15. Right of Wav and Easement Property Owner and its successors and assigns, does hereby grant and convey unto MST, (Service Provider), their successors and assigns, a right of way and easement for access, ingress and egress, on, over, above, across and under the property for the purpose of inspecting, maintaining, repairing, replacing, operating, and removing the System during the term of the Agreement. 16. Arbitration: Governing Law The rights and obligations of the Parties under this Agreement will be governed by and construed under the substantive laws of the State of California, U.S.A., without regard to choice of law principles. Any dispute, controversy or claim arising out of or relating to this Agreement shall be finally settled by arbitration in Orange County, California, U.S.A. In accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date of this Agreement, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall he conducted in the English language. The prevailing Party in such arbitration shall be entitled to reasonable attorney's fees, costs and necessary disbursements. I7. Miscellaneous 17.1. Independent Contractors The Parties hereto are acting as independent contractors and are not employees, agents or legal representatives of the other Party. Neither Party is authorized to bind the other Party, act as an agent for the other Party, or otherwise act in the name of or on behalf of the other Party. 17.2. Notices Notices permitted or required under this Agreement shall be deemed to have been given on the date actually received, when personally delivered, when sent by telecopy followed with written confirmation sent by mail as provided herein or three (3) days after mailing if mailed by registered or certified mail, return receipt requested to the addresses set forth for each party on the face of this Agreement. Notice of change of address shall be effective only upon receipt. 17.3. Non -Assignability and Binding Effect Property Owner agrees that its rights and obligations under this Agreement may not be transferred or assigned directly or indirectly without the prior written consent of (Service Provider). (Service Provider) may assign this Agreement to any affiliate or to any successor by merger or sale of substantially all of its assets to which this agreement relates in a manner such that the assignee becomes liable and responsible for the performance and observance of all duties and obligations hereunder. Subject to the foregoing sentence, this Agreement shall be binding upon and inure to the benefit of the Parties, their successors and assigns. 17.4. Force Maieure Except for Property Owner's obligation under this Agreement to pay for the System, non-performance of either Party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non -performing Party. In case of threatened or actual non- performance because of any of the above causes, the non -performing Party will exercise commercially reasonable efforts to avoid and cure such non- performance. If the suspension of performance continues for more than sixty (60) days, (Service Provider) may terminate this Agreement effective immediately, without any liability to Property Owner. 17.5. Partial Invalidity If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the Parties shall negotiate, in good faith, a substitute, valid and enforceable provision which most nearly affects the Parties' intent in entering into this Agreement. 17.6. Waiver The failure of either Party to enforce at any time the provisions of this Agreement shall in no way be constituted to be a present or future waiver of such provisions, nor in any way affect the validity of either Party to enforce each and every such provision thereafter. 17.7. Entire Agreement This Agreement sets forth the entire agreement and understanding of the Parties relating to the subject matter herein and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the Party to be bound thereby. 17.8. Section Headings The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 17.9. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall together constitute one and the same instrument. To the maximum extent permitted by law or any applicable governmental authority, any document may be signed and transmitted by facsimile with the same validity as if it were an ink -signed document. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date. "(Service Provider)" PENINSULA SEPTIC SERVICE, INC. 1840 S. Gaffey Street, #53 San Pedro, CA 90731 Initial Here; "Property Owner" Title: 6 By: jL6kJ Print Name: Iv° l)rc,,c,lc-1'1 Title: fires By: %%%%� Print Name: /Z G /i'S /Act t (1i cazcrh- RECORDING REQUEST. Rolling Hills Community Association WHEN RECORDED MAIL TO NAME Sidney F. Croft MAILING 3858 W. Carson Street, Suite 127 ADDRESS CITY, STATE Torrance, CA 90503 ZIP CODE LQ5en r‘n11/ Cur of °aspen/ iRrA.AN Jed 12/13/07 Has + oaf. Origil • procF 20072739895 LOS API��LL) • .,un i Y Ktl)L' RA.R RL CORDER. SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE TITLE(S) LICENSE AGREEMENT • • RECORDING REQUESTED BY Rolling Hills Community Association WHEN RECORDED MAIL TO Sidney F. Croft, Esq. 3858 Carson Street, Suite 127 Torrance, CA 90503 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S U: LICENSE AGREEMENT THIS AGREEMENT made and executed as of this 17 day of -fin , 200 -/ by and between ROLLING HILLS COMMUNITY ASSOCIATION OF RANCHO PALOS VERDES, a non-profit California corporation, sometimes hereinafter referred to as "LICENSOR" or "ASSOCIATION", and ROBERT MARGOLIS and LISA MARGOLIS, sometimes hereinafter referred to as "LICENSEE". WITNESSETH: RECITALS: LICENSEE is the owner of the hereinafter described parcel of land situated in the City of Rolling Hills, County of Los Angeles, State of California, commonly known by street and number as 9 Eastfield Drive, and legally described in Exhibit A. The above -described real property is under the control and jurisdiction of the ASSOCIATIOI and is subject to the terms and conditions of that certain document entitled "Agreement and Declaration No. 150-AF of Establishment of Basic Protective Restrictions, Covenants, Conditions, Reservations, Liens, Charges and Certain Local Restrictions", recorded January 7, 1947, in Book 24097, page 227, Official Records of Los Angeles County, California. Said Agreement is sometimes hereinafter referred to in this document as "Declaration No. 150-AF". 11 Declaration No. 150-AF reserved to the subdivider (predecessor in interest to LICENSEE) certain easements on, over, under, across and along all strips of land shown as streets, roads and easements on any subdivision map or record of survey referred to in Subportion (1) of Subsection (a) of Section 1 of Article III of the Declaration of Restrictions, which reservation includes an easement which extends along the Northerly boundary of the real property described in Recital I above. Said easement was reserved for roads, streets, bridle trails, parkways, park areas, poles, wires and conduits for the transmission of electricity for lighting, hearing, power, telephone and Page 1 of 5 • • other public utility purposes and the necessary attachments in connection therewith; public and private sewers, storm water drains, land drains and pipes, water systems, water, heating and gas mains, pipes and other methods of conducting and performing any public or quasi -public service c function beneath the surface of the ground. ASSOCIATION has acquired all subdivider's right, tit and interest in and to said easements so reserved by the subdivider and, by the provisions of said Declaration No. 150-AF, has jurisdiction and control over said easements so reserved. III LICENSEE desires to make use of a portion of said easement for the purpose of planting ground cover and shrubs in the easement owned by the ASSOCIATION as described and depicted in Exhibit B; and the ASSOCIATION finds that the proposed use by the Licensees of the portion of said easement, on a non-exclusive basis, will enable LICENSEE to make better use of their property. IT IS NOW, THEREFORE, AGREED FOR A VALUABLE CONSIDERATION, as follows: A. ASSOCIATION grants LICENSEE the right and privilege to plant ground cover and shrul: with necessary irrigation in the portion of the easement owned by the ASSOCIATION. No other rights are granted. B. Except as provided for herein, this Agreement is subject to the condition that LICENSEE shall not, during the term hereof, make a use of the area above -described, in such a way as to conflict with any of the Rules and Regulations of the ASSOCIATION, its By -Laws, laws, or Declaration No. 150-AF as the same are now constituted or as they may hereinafter be amended or modified or changed. C. This Agreement shall cease and terminate without notice to either party upon conveyance or transfer by the LICENSEE of their right of possession of the legal or equitable title and to all or any part of the real property described in Recital I hereof, provided, however, that sa' Agreement herein granted to LICENSEE may be renewed and continued by the transferee of this Agreement with the written consent and agreement of the ASSOCIATION. D. If ASSOCIATION has reasonable need for the use of the easement the ASSOCIATION expressly reserves the right to terminate said Agreement by giving the LICENSEE (or his transfere one hundred eighty (180) days' written notice of its intended use of the easement and its intentic to so terminate the Agreement and thereafter all rights of LICENSEE (or his transferee) to use the real property which is the subject of this License, described in paragraph A, shall immediately terminate and end. E. In the event the Agreement has terminated for any of the reasons provided for in paragraphs C and D above, LICENSEE agrees to remove any obstruction or structure which may have been constructed or which may have been extended into the area described in paragraph A above, at LICENSEE'S own cost and expense; and if such structures or fences are not so remove upon demand of the ASSOCIATION, then ASSOCIATION shall have the right, within a reasonabl€ length of time, after notice to LICENSEE (or his transferee), to go upon said property and remove the same and the cost of the removal incurred by the ASSOCIATION shall immediately become a Page 2 of 5 • lien upon the real property described in Recital I hereof, in favor o ASSOCIATION, to secure to it the payment of all sums of money expended by the ASSOCIATION in connection with the remov, of said obstruction or structure as provided for herein. IN WITNESS WHEREOF, the parties hereto have affixed their signatures as of the day and year first above written. ROLLING HILLS COMMUNITY ASSOCIATION OF RANCHO PALOS VERDES, a non-profit California corporation By Lest Stetson, President By Ralph Black, ecretary Licensee Robert Ma Iis isa Margolis Page 3 of 5 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On to\t.Q"\r- , 2007 before me, \Lx notary public personally appeared LESLIE STETSON ❑ personally known to me B'f-roved to me c the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-o subscribed to tl within instrument and acknowledged to me that he/she/they executed the same in has/her/t4 authorized capacity(ies), and that by Nis/her4404r signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Sgnt y Signat r f Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES On r 5 , 2007 before me, KRISTEN RAIG Comm. 1507517 > NOTARY PUBLIC • CALIFORNIA CO_ LOS ANGELES COUNTY My Carve Expkt$ AUGUST 20, 2008 ri SA-c A/1 4t k notary public personally appeared RALPH BLACK ❑ personally known to me 0 proved to me on th basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the with instrument and acknowledged to me that he/she/they executed the same in his/#-tereir authorizf capacity(ies), and that by signature(s) on the instrument the person(s), or the enti upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, M ) Si9 nat of Notary Public Page 4 of 5 (Seal) KRISTEN RAIL Comm # 1507517 > NOTARY PUBLIC • CALIFORNIA D LOS ANGELES COUNTY fi My Cann Expins AUGUST 20, 2008 • • STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2007 before me, notary public personally appeared ROBERT MARGOLIS ersonally known to me 0 provl to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a-r-e subscrib( to the within instrument and acknowledged to me that he/she/thcy executed the same his/-Iefkh r authorized capacity(ies), and that by, his{h-erhhei-r signature(s) on the instrument tl person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, (Seal) Signature of`Notary Publi CAROLYN CRYSTAL CoMM.# 1674610 NOTARY PUSEIC•CALIFORNIA v' Los ANGEtUs COUNTY — MY Coin. EXP. ANT 13, 2010 f STATE OF CALIFORNIA COUNTY OF LOS ANGELES On `1 , 2007 before me, 0___Rx-o1\A•r\ �� notarypublic personally appeared LISA MARGOLIS ersonall known to' me p P � Y proved to n on the basis of satisfactory evidence to be the person(s) whose name(s) isla-re subscribed to tl within instrument and acknowledged to me that 4e/she/they executed the same in-bis/her/t4 authorized capacity(ies), and that by .his/her/thcif signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature of tary PubCk- li CAROLYN CRYSTAL CoMM.11674610 to NOTARY PUBEIC•CAIIFORNIA v' los ANGELES COUNTY .. MY COW. EXP. JUNE 13, 2010 k Clients 2000\p/1CA\License Agteementa\Matgolis - 150 :e plant snubs and ground coner.doc Page 5 of 5 • • ATTACHMENT A Legal Description for a Landscaping License from Rolling Hills Community Association Over the Southerly Easement of Lot 55, Record of Survey 58/ 6-10 Commonly called 419 Eastfield Drive, Rolling Hills Margolis Property License to use the following portions of Lot "H", of the Rancho Los Palos Verdes, allotted to Jotham Bixby by Decree of Partition in the action " Bixby, et al., vs. Bent, et al.," Case No. 2373, in the District Court of the 17th Judicial District of State of California, in and for the County of Los Angeles, and entered in Book 4, Page 57 of Judgments, in the Superior Court of said County, described as follows: License A That portion of Lot 55 of the Record of Survey Map filed in Record of Surveys Book 58, Pages 6 through 10 inclusive, in the office of the County Recorder of said County and State as follows: The Southerly 5.00 feet, measured at right angles, of said Lot 55, parallel to the property line having a bearing of North 88° 20' 25" East and a length of 600.44 feet except as follows: The easterly terminus of said License A 5.00 strip to be terminated at a point 269 feet westerly from the easterly end of said North 88° 20' 25 " East line. The westerly terminus of said License A 5.00 strip to be terminated at a point 177 feet easterly from the westerly end of said North 88° 20' 25" East line. License B That portion of said Lot 55 as follows: The Northerly 10.00 feet of the Southerly 25.00 feet, measured at right angles, parallel to the property line having a bearing of North 88° 20' 25" East and a length of 600.44 feet except as follows: The easterly terminus of said License B to be terminated at a point 199 feet westerly from the easterly end of said North 88° 20' 25 " East line. Exhibit "A • The westerly terminus of said License A to be terminated at a point 222 feet easterly from the westerly end of said North 88° 20' 25" East line. See Exhibit B attached. Description prepared by: Bolton Engineering Corp. Ross N.\Bo ion )'C) date Exhibit "l • WALLACE #11 EASTFIELD DRIVE ROLLING HILLS 5.0'-5 ill cn EROSION CONTROL GROUND COVER 0 0 1 Existing House LOT 54 R.S. 58-6-10 7 15' / J I / If i PROPERTY LINE �+ / o Z r� 1 N I / OJll � 10' EASEMENT R' 15 U, 1\l rn it MARGOLIS #9 EASTFIELD DRIVE ROLLING HILLS ;LICENSE A LICENSE B PROPOSED GARAGE PROPOSED HOUSE / / / / / / N / / EXH BIT B EASEMENT LANDSCA E LICENSE // / . II / OVER OT 55 _ _ J l) L- - RS BK 58 PG _6-1�___ 86° t 1'39' E-_-- - - --__ $03° 48'21"E S0;1°48.21"E -- _ - 1'=60' . no. 00.00' - - EASTFIELD DRIVE / / / / / / • SIDNEY F. CROFT ATTORNEY AT LAW 3858 CARSON STREET, SUITE 127 TORRANCE, CALIFORNIA 90503-6705 (310) 316-8090 FAX (310) 540-4364 Email: SFCroftLaw@aol.com December 20, 2007 Kristen Raig Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, California 90274 Re: Margolis — License Agreement Original Copy(ies) 1 • Description of Document(s) Enclosed: License Agreement (conformed copy) For your records. Pursuant to your request. Please review. File original(s) and conform copy(ies). ❑ Please forward conformed copy(ies) to this office in the enclosed self addressed stamped envelope. SFC:dma Enclosure Cl...nl. 20116\MIII:A\M... 1:n.I!,,. HIICA 122007 n Mn.w0! LIvrnv ANic.li.vele .lair ❑ Please sign and return. o Please handle. o Please telephone me. o Other: Very truly yours,