COUNTY OF SANTA BARBARA AGREEMENT FOR LANDSCAPING AND IMPROVEMENTS
Exhibit 10.72
| APN: | 000-000-000 |
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| Address: | 0000 Xxxxxx Xxxx Xxxx |
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| Case No.: | 95-DP-019 RV01 |
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| Name: | QAD Inc. |
COUNTY OF SANTA XXXXXXX
AGREEMENT FOR LANDSCAPING AND IMPROVEMENTS
In consideration for the granting of approvals which require the installation and/or replacement and maintenance of certain landscaping, irrigation and similar improvements for the premises described on the attached Exhibit "A", hereby incorporated by reference, the undersigned, QAD Inc., hereinafter referred to as OWNER(S), agree(s) to complete, install and maintain the landscaping and improvements in accordance with a landscape plan approved by Planning and Development of the County of Santa Xxxxxxx, hereinafter COUNTY. Said plan is attached to this agreement as Exhibit "B" and is incorporated by reference.
OWNER(S) agree(s) to complete and install all such landscaping and improvements, as approved, on or before occupancy clearance. This period may be extended and this provision modified at the discretion of COUNTY. Security must be provided which will conform to any extension. Upon completion of the installation of all landscaping and improvements designated on the landscaping plan, OWNER(S) agree(s) to maintain the landscaping, irrigation and the improvements so long as the development and/or use for which the approval was granted exists or the landscape plan is amended to the satisfaction of Planning and Development.
OWNER(S) shall provide security in the sum of $513,387.37 for performance security for the installation of said landscaping and improvements, and $356,562.49 for security for maintenance and replacement of said landscaping and improvements for a period of three (3) years from the date of final approval of the installation of all required improvements. If the subject of this agreement is maintained satisfactorily after two (2) years, P&D may release the security. The installation security shall be released upon satisfactory completion of the installation of approved landscaping. Security shall be in a form approved by Planning and Development and the County Counsel. If OWNER(S), his/her/their heirs, and successors, shall in all things attend to, abide by and well and truly keep and perform the covenants, conditions and provisions of this Agreement, and alterations of this Agreement made, and any extensions provided, and shall defend, indemnify and save harmless COUNTY, its officers, agents and employees from all claims of injury, liability and expense associated with such improvements, then the applicable security shall be released, and otherwise it shall be and remain in full force and effect.
No amendment, alteration, change of requirements, extension of time or addition to the terms of the obligation or the work to be performed under this Agreement or to the specifications for the same, shall in any way reduce the obligations on the security.
This Agreement is for the benefit of the real property described on the attached Exhibit "A"; shall inure to and benefit OWNER(S) and COUNTY; shall run with and burden said real property; and this obligation shall be a covenant running with the land, binding the OWNER(S), and the heirs, representatives, successors and assigns of OWNER(S).
In the event that this Agreement is not enforceable as a covenant running with the land, it shall nevertheless be enforceable as an equitable servitude.
THIS AGREEMENT is made and entered into the 1 day of Nov, 2002.
| OWNER(S) | |||
/s/ XXXXXXXX X. XXXXXX as QAD Inc's (owner) Chief Financial Officer |
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APPROVED AS TO FORM: |
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XXXXXXX XXXXX XXXXX County Counsel |
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By |
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Deputy County Counsel |
Date | ||
State of California |
) |
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| County of Santa Xxxxxxx | )ss | ||
On Nov 1, 2002, before me, Xxxxxxx Xxxxxxx, notary public, personally appeared (name of document signer), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is scribed to the within instrument, and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
| /s/ XXXXXXX XXXXXXX |
[SEAL]
THAT PORTION OF A PARCEL OF LAND DESCRIBED IN A GRANT DEED RECORDED NOVEMBER 16, 1999 AS INSTRUMENT NUMBER 00-0000000 OF OFFICIAL RECORDS FILED IN THE OFFICE OF SANTA XXXXXXX COUNTY RECORDER BEING A STRIP OF LAND 15.00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTHERLY BOUNDARY OF SAID PARCEL OF LAND, SAID POINT BEING THE EASTERLY TERMINUS OF A COURSE DENOTED AS SOUTH 87o22'00" WEST A DISTANCE OF 363.66 FEET; THENCE ALONG THE BOUNDARY OF SAID PARCEL OF LAND, SOUTH 12o26'10" WEST A DISTANCE OF 22.05 FEET; THENCE CONTINUING ALONG THE BOUNDARY OF SAID PARCEL OF LAND, SOUTH 63o42'00" EAST 217.36 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 1ST, LEAVING SAID BOUNDARY, SOUTH 26o49'02" EAST, A DISTANCE OF 23.97 FEET;
THENCE 2ND, SOUTH 72o45'41" EAST, A DISTANCE OF 28.47 FEET;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 57.09 FEET;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 62.20 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 25o22'39";
THENCE 5TH, ALONG THE ARC OF SAID CURVE A DISTANCE OF 44.29;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 22.12 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 23o15'00";
THENCE 7TH, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 28.41 FEET;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 135.14;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 197.27 TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 84o46'44";
THENCE 10TH, ALONG THE ARC OF SAID CURVE A DISTANCE OF 29.59 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 60.09 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 71.25 FEET;
1
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 39.16 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 35.04 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 117.26 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 132.11 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 63.76 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 15.51 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 37.38 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 22.23 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 29.89 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 27.96 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 32.26 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 37.85 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 40.25 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 85.77 FEET TO A POINT HEREINAFTER KNOWN AS POINT A;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 20.00 FEET
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 49.08 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 47.43 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 101.46 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 117.99 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 119.56 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 94.60 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 74.65 FEET TO A POINT HEREINAFTER KNOWN AS POINT B;
2
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 50.00 FEET
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 51.39 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 23.21 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 51.15 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 53.18 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 172.59 FEET TO A POINT OF HEREINAFTER KNOWN AS POINT C;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 20.00 FEET;
THENCE 42ND, NORTH 85o05'46" WEST, A DISTANCE OF 32.33 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 64.25 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 66.28 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 23.35 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 25.20 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 29.79 FEET TO A POINT HEREINAFTER KNOWN AS POINT D;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 47.35 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 39.76 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 41.22 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 58.85 FEET;
THENCE 52ND, NORTH 01o45'02" WEST, A DISTANCE OF 35.67 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 28.54 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 92.87 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 83.51 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 24.25 FEET;
3
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 8.94 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 62o28'2";
THENCE 58TH, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 218.07 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 132.62 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 41.76 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 56o32'09";
THENCE 61ST, ALONG THE ARC OF SAID CURVE A DISTANCE OF 108.54 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 179.61 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 39.48 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 110.75 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 88.52 FEET;
THENCE 00XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 187.95 FEET TO THE BOUNDARY OF SAID PARCEL OF LAND;
THE SIDELINES OF SAID STRIP ARE SHORTENED OR LENGTHENED SO AS TO TERMINATE AT THE BOUNDARY OF SAID PARCEL OF LAND.
TOGETHER WITH A STRIP OF LAND 5 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS PARALLEL AND DISTANT 12.5. FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT SAID POINT A;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 20.00 FEET.
TOGETHER WITH A STRIP OF LAND 5 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS PARALLEL AND DISTANT 12.5. FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT SAID POINT C;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 20.00 FEET.
4
TOGETHER WITH A STRIP OF LAND 15 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS;
BEGINNING AT SAID POINT D;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 115.31 FEET;
THENCE 2ND, NORTH 37o55'07" WEST, A DISTANCE OF 160.08 FEET TO THE BOUNDARY OF SAID PARCEL OF LAND.
THE SIDELINES OF SAID STRIP ARE SHORTENED OR LENGTHENED SO AS TO TERMINATE AT THE BOUNDARY OF SAID PARCEL OF LAND.
EXCEPTING THERE FROM A STRIP OF LAND 2.50 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS PARALLEL AND DISTANT 7.50 FEET NORTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT SAID POINT B;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 50.00 FEET.
EXCEPTING THERE FROM A STRIP OF LAND 2.50 FEET IN WIDTH, THE SOUTHERLY LINE OF WHICH IS PARALLEL AND DISTANT 7.50 FEET SOUTHERLY OF THE FOLLOWING DESCRIBED LINE;
BEGINNING AT SAID POINT B;
THENCE 0XX, XXXXX 00x00'00" XXXX, A DISTANCE OF 50.00 FEET.
END OF DESCRIPTION
SEE ATTACHED EXHIBIT
| PREPARED BY: | ||
/s/ XXXXXXX X. XXXXX 7-25-02 XXXXXXX X. XXXXX, PLS 5742 LICENSE EXPIRATION DATE: 12/31/02 |
[SEAL] |
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