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Contract - Irvine Company - 1981-05-06 �i�rding requested by Ine T Reich's. _ u+no Ia ofnClAL lrno$ istant Secretary I EXEMPT 18569 oc E couslr.CALIFORIIIA ista Mesa Sanitary District C .0. Box 1200 -240 PM MAY 14 81 f Costa Mesa, CA 92626 AGREEMENT AND RESTRICTIVE COVENANT LEE A. BRANCH. County Recorder THIS AGREEMENT, made and entered into this GV day of CD Cal , 1981 , by and between the COSTA MESA SANITARY CO DISTRICT, a public agency organized and existing under and by virtue C) of the Sanitary District Act of 1923 , hereinafter called DISTRICT Ca O and THE IRVINE COMPANY, a Michigan corporation , hereinafter called Cu OWNER W I T N E S S E T H T H A T WHEREAS, DISTRICT is a public agency engaged in the collection , transportation and disposition of liquid waste disposal in its network of underground sewer installations in accordance with its powers to levy taxes , annex property and perform the public service of collection, transportation and disposition of liquid waste , all as set forth in said Act and WHEREAS , OWNER is the applicant for services as provided for by DISTRICT on real property currently being developed or proposed to be developed with improvements which will require sanitary sewer service , as said property is described in Exhibit A attached hereto and WHEREAS, DISTRICT policy is to annex OWNER' s real property to DISTRICT resulting in the imposition of a tax to generate a portion of the income needed by DISTRICT for its operation and WHEREAS, after the passage of Assembly Bill 8 Assembly Bill 1019 , Assembly Bill 2212 Assembly Bill 2376 , and Senate Bill 180 taxes due to DISTRICT on completed annexations have been impounded by the County of Orange and Rev 1/15/81 C I86 b1 eV I 4058 PG 309 WHEREAS, pending an agreement between the County of Orange and all of the special districts within the County as to the methods and formulae to be followed in exchange of property tax between the affected districts and the County, as required by these legislative acts the Local Agency Formation Commission for the County of Orange has declined to approve certain annexations , for a necessary act preceding annexation by DISTRICT, until the question of tax exchange has been resolved and WHEREAS, DISTRICT has declined to process annexations or applications for service without receipt of a portion of the proper- ty tax and has declined to operate DISTRICT at a financial loss and WHEREAS, dependence upon a portion of the property tax to be allocated at the sole discretion of the County of Orange is deemed by DISTRICT as an unreliable source of revenue for DISTRICT operations and not in keeping with good planning and sound fiscal practices and WHEREAS, DISTRICT finds and declares that methods availa- ble to it for funding of the maintenance , repair , upkeep and re- placement of its network of underground liquid waste collecting transporting and disposal system consists of two ( 2 ) to wit interim service contracts with OWNER and persons or entities in like situations and ultimately an assessment district to insure suffi- cient revenue for DISTRICT' s operation and WHEREAS DISTRICT, in following sound planning and respon- sible fiscal practices , must annex OWNER' s property to DISTRICT in order that said property may be in the assessment district and C186b2 -2- BK 1 4058 P6 3 10 WHEREAS, DISTRICT must require , as a condition to pro- viding service as requested herein , compliance with all its ordi- nances rules regulations and policies and must provide for methods and means for the effective administration of this AGREEMENT and for guarantees that periodic payments will be made and WHEREAS , the parties hereto desire to set forth their rights and obligations in connection herewith NOW, THEREFORE, for and in consideration of the covenants herein contained , performed and to be performed , the parties hereto agree as follows I It is understood and agreed that OWNER, as used in this AGREEMENT , shall mean the owner of the fee title at the time of the execution of this AGREEMENT , any purchaser of the fee title from OWNER, or any other successor in interest of OWNER or purchaser from OWNER, a condominium or cooperative homeowner' s association pro- viding its bylaws and CC&R' s authorize it to encumber real property for the purposes as expressed in this AGREEMENT , or lessee of property having a ground lease of twenty-five ( 25 ) years or more OWNER as used in this AGREEMENT shall not include a lessee of land or improvements of less than twenty-five ( 25 ) years , a month-to- month tenant , a mortgagee or beneficiary under trust deed , a tenant by sufferance , or trespasser DISTRICT may, in its discretion , require a re-execution of this AGREEMENT by subsequent purchasers of the property from OWNER herein and OWNER agrees that if required by DISTRICT it will condition any sale of the property subject to this CI86b3 -3- BK ' 4058 PG 3 1 1 AGREEMENT upon the re-execution of this AGREEMENT by the purchaser , if DISTRICT so requires II It is understood and agreed by and between the parties hereto that the terms and conditions as set forth herein shall be applicable and effective to any sanitary sewer service provided by DISTRICT outside the jurisdictional limits of the DISTRICT but within the geographical limits of the City of Costa Mesa and within the zone of influence of the City of Costa Mesa , but not otherwise in the territory of the County of Orange III DISTRICT proposes to provide collection, transportation and disposition of liquid waste disposal from OWNER' s property into the mains of DISTRICT in the public right-of-way under terms and conditions and for the considerations as shall be hereinafter set forth This AGREEMENT does not include the pickup and disposal of solid waste materials which must be arranged for separately by OWNER IV It is understood and agreed that the cost of construction of collecting laterals , including manholes and pump stations , if any, on OWNER' s property and to the connection to DISTRICT' s mains in the public right-of-way and the repair , maintenance and upkeep of collecting laterals , manholes and pump stations , if any, shall be borne by persons or entities other than DISTRICT DISTRICT agents shall nevertheless have the right to inspect the laterals con- structed on OWNER' s property prior to connection with DISTRICT' s CI86b4 -4- BK 14058 po 3 1 2 mains in the public right-of-way to insure that said construction meets all of the engineering standards and specifications of DISTRICT No connection with DISTRICT mains in the public right-of-way will be authorized unless and until DISTRICT Engineer certifies that on-site construction meets the DISTRICT' s engineering standards and specifi- cations All facilities on private property shall be owned by OWNER as defined herein V It is understood and agreed that acquisition of right-of- way, if any, shall be by persons or entities other than DISTRICT and shall be without cost to DISTRICT Proof of acquisition of right-of- way shall be provided to DISTRICT at the time of the DISTRICT Engineer' s inspection as set forth herein and prior to connection with DISTRICT' s mains in the public right-of-way VI It is understood and agreed that prior to the approval of DISTRICT for a connection to DISTRICT mains in the public right-of- way, OWNER shall have met the following conditions 1 The posting of inspection and administrative fees with DISTRICT as provided for in DISTRICT Ordinance No 14 2 Application for annexation to DISTRICT and the payment of the fees in connection therewith, all as provided for in DISTRICT Ordinance No 14 3 Payment to DISTRICT of fees and charges as required by DISTRICT Ordinances No 6 and No 7 to the extent that the same are applicable to development proposed by OWNER CI86b5 -5- BK 14058 PG 3 1 3 4 Payment in advance of the first and second years' service charge hereinafter provided for adjusted to July 1/June 30 fiscal year 5 Issued permit from the local agency having jurisdic- tion for street excavation 6 Deposit with DISTRICT offices , Orange County Sanita- tion District, acreage and unit fees , if any 7 Proof that OWNER has obtained or caused to be obtained all necessary building and construction permits from any governmental agency having jurisdiction over OWNER' s project, including the Coastal Conservation Commission , if applicable 8 Prepare or cause to be prepared and filed with the offices of DISTRICT such environmental impact report or reports or negative declarations as shall be required by any governmental agency having jurisdiction over the project The above set forth conditions imposed by DISTRICT before sanitary service will be provided may be made conditions on any subdivision map parcel map, approval of conditional use permit or approval of variance by any local agency having jurisdiction over improvements contemplated by OWNER on the property to be served as provided for in this AGREEMENT DISTRICT may decline service to OWNER herein until such time as the local agency having jurisdiction over subdivision maps , parcel maps , conditional use permits or variances as certified to the DISTRICT in writing that conditions relating to sanitary sewers as set out herein have been met VII It is understood and agreed by and between the parties hereto that in addition to the fees and charges required to be CI86b6 -6- BK 1 4058 PG 3 r 4 paid to DISTRICT prior to connection with DISTRICT' s mains in public right-of-ways , all as heretofore provided , there shall be imposed a service charge payable annually adjusted to the fiscal year as heretofore provided and payable the first two ( 2 ) years in advance , which said service charge is reasonably calculated to provide for OWNER' s share of DISTRICT administration costs repair , maintenance , upkeep, replacement and catastrophe contingent funds on DISTRICT' s main line , laterals , pump stations , force mains alarm systems and all other facilities maintained by DISTRICT in connection with the collection , transportation and disposal of liquid waste The annual service charge as hereinafter set forth will be adjusted annually in accordance with cost calculations furnished by the Director of Finance of the DISTRICT based upon DISTRICT' s annual budget VIII The charge as heretofore provided for shall be on an annual basis with the initial payment to be for the first and second year in advance adjusted to the July 1/June 30 fiscal year and calculated as follows , subject to annual budget adjustment as heretofore provided 1 A minimum of Fifteen Dollars ( $15 00 ) per single family unit 2 A minimum of Fifteen Dollars ( $15 00 ) per thirty ( 30 ) fixture unit for commercial , light industrial , profes- sional , administrative and all other uses not provided for herein 3 A minimum of $ X `Xs per thousand ( 1 ,000 ) cubic foot capacity for manufacturing and heavy industrial The basic Fifteen Dollar ( $15 00 ) charge set forth above and the charge for thousand ( 1 ,000 ) cubic feet set forth above is a CI86b7 -7- BK 1 4C58 P6 3 15 minimum charge irrespective of the number of fixture units or cubic feet of capacity IX Subsequent to the payments made in advance as provided for in the previous paragraphs , OWNER shall be billed quarterly in advance for services provided for in this AGREEMENT with advance billings to be for the following quarters First Quarter - July, August , September Second Quarter - October , November , December Third Quarter - January, February, March Fourth Quarter - April , May, June X It is understood and agreed that invoices for services as provided for in this AGREEMENT will be mailed to OWNER at the address set forth hereinafter in this AGREEMENT or to any new mailing address provided to DISTRICT in writing at least fifteen ( 15 ) days before the beginning of each quarter Unless DISTRICT is notified of a change of address in writing , mailings shall be presumed completed when deposited postage prepaid , to the address set forth in this AGREEMENT Payments required for services as provided for in this AGREEMENT shall be due on the first day of each quarter and shall be mailed or delivered to DISTRICT' s headquarters as the address as hereinafter set forth in this AGREEMENT Any payment not received in DISTRICT ' s office by the fifteenth day of the first month of the quarter shall be deemed delinquent Any payment delinquent as set forth herein shall be subject to a late charge of five percent ( 5 ) of said payment XI It is understood and agreed that the service charge provided for herein shall become on the first day of each quarter CI86b8 -8- BK 14C58PG 3 " n a lien upon any delinquent parcel subject of this AGREEMENT as heretofore provided and shall be extinguished only upon the payment of service charge as provided for herein A certificate executed and acknowledged by a majority of the Board of Directors of District stating the indebtedness is secured by a lien on the real property subject to this AGREEMENT shall be conclusive upon the Board and OWNER as to the amount of such indebtedness as of the date of the certificate in favor of all persons who rely thereon in good faith and such certificate shall be furnished to OWNER upon request at a reasonable fee not to exceed Fifteen Dollars ( $15 00 ) XII Any such lien may be foreclosed by an appropriate action in a court or in a manner provided by law for the foreclosure of liens under power of sale Any action in court brought to foreclose such a lien shall be commenced within one hundred and eighty ( 180 ) days following the recording of the certificate evidencing a lien In the event the foreclosure is under a power of sale , as in the case of a mortgage the Board of DISTRICT or any person designated by it in writing shall be deemed to be acting as the agent of the lienor and shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is conducted Such sale shall be conducted in accordance with the provisions of Section 2924 sub-Sections ( a) , ( b) and ( c) of Cali- fornia Civil Code applicable to the exercise of power of sale of mortgages and deeds of trust or any other manner permitted by law XIII It is further understood and agreed that Owner will require its contractor constructing any portion of its laterals in CI86b9 -9- BK 14058 PG 3 1 7 the public right-of-way to comply with Sections 6500 , through and including 6707 , of the Labor Code Section 42105 of the Government Code the Davis/Bacon Act and such of the laws rules and regula- tions as are applicable , federal , state and local , to the construc- tion of the said facility XIV OWNER hereby agrees to protect, defend , indemnify and hold DISTRICT, its elective board and officers and agents and employees harmless from and against any and all attorneys' fees , costs expenses or damages of any nature by reason of injury sustained by any person , including death , at any time , resulting therefrom, or by reason of loss of use of , injury to, or destruction of property, including consequential damages , of any nature , resulting therefrom arising out of the performance of this AGREEMENT by or on behalf of OWNER, including damages occasioned by or allegedly occasioned by joint or contributory negligence or omission or affirmative action in connection with supervision or direction of the work by DISTRICT, its elective or appointed boards , officers , agents or employees This indemnity and hold-harmless AGREEMENT shall not apply to damages occasioned by the sole negligence of DISTRICT its elective boards , officers , agents or employees , but shall extend to any and all obligations and liabilities under any statutes , laws or regula- tions pertaining to provisions of a safe place for employment of workers or any similar statutes , laws or regulations with respect to injury sustained including death, at any time resulting therefrom by any employee of OWNER, OWNER' s contractors or subcontractors or others performing under this AGREEMENT on behalf of OWNER OWNER CI86b10 -10- BK 1 4058 par' 3 18 may insure against the losses as provided for in this paragraph , however DISTRICT does not and shall not waive any rights against OWNER which he may have by reason of the aforesaid hold-harmless agreement because of the acceptance by DISTRICT of the deposit with DISTRICT by OWNER of any insurance policy obtained for this purpose XV OWNER shall maintain or cause any contractor or subcon- tractor doing work in the public right-of-way, pursuant to this AGREEMENT, to take out and maintain , during the life of any con- struction project, workers' compensation insurance and OWNER agrees to require contractor and subcontractors , if any, to indemnify DISTRICT for any damage resulting to it from failure of either OWNER or OWNER' s contractor or subcontractors to take out and maintain such insurance For that portion of any work to be done in the public right-of-way said workers ' compensation insurance shall name DISTRICT as an additional insured and said policy shall provide that the insurance provided for therein may not be cancelled without thirty (30 ) days advance notice of such cancellation to DISTRICT XVI The term of this AGREEMENT shall be from the date hereof until DISTRICT has initiated and completed an assessment district and OWNER' s property is placed on the assessment roll for the imposition of a real property tax to pay for the services rendered by DISTRICT in this Agreement This AGREEMENT shall not be termi- nated by annexation of the property to DISTRICT and the eventual development of a formula for the exchange of property tax between DISTRICT and the County of Orange , provided , however , that in the CI86b11 -11- BK 1 4058 PG 3 i 9 event DISTRICT is allocated some property 'tax under any exchange formula developed with the County, said tax , if imposed against OWNER herein , shall be credited against the annual service charge provided for in this AGREEMENT XVII All notice required to be given under this AGREEMENT shall be deemed given if mailed with prepaid postage or delivered person- ally to the parties hereto at the following addresses OWNER The Irvine Company P O Box I Newport Beach , CA 92663 Attn Manager of Ground Leases DISTRICT Costa Mesa Sanitary District 77 Fair Drive Costa Mesa , CA 92626 XVIII This AGREEMENT shall be deemed as a covenant running with the land , and the duties and obligations provided for herein cannot be assigned or otherwise conveyed in any manner that will excuse the performance of this AGREEMENT by OWNER or its successors in interest XIX In the event of legal action , including suit arbitration, administrative hearing , or other legal proceeding , the prevailing party shall be entitled to legal costs including reasonable attor- neys fees , to be determined by the presiding officer or judge in any of said proceedings CI86b12 -12- BK 1 4053 PO 320 IN WITNESS WHEREOF, we have hereunto placed our hands and seals on the day and year first above written COSTA MESA SANITARY DISTRICT BQ..\cYsMjPLC\k President ATTEST Assistant Secretary OWNER THE IRVINE 'OMPANY APPROVED AS TO FORM SO By j4 , (/> Richar: i annon `_ -_ Vice P : s rent At orney for h DISTRICT / BY st a'old C P lls Assistant Secretary CI86b13 -13- BK 14058 Pe 32 1 AGREEMENT AND RESTRICTIVE COVENANTS EXHIBIT A Parcels 1 through 11 , inclusive , in the City of Costa Mesa , County of Orange , State of Califor- nia as shown on a Parcel Map filed in Book 137 , Pages 43 to 44 , inclusive , in the office of the County Recorder of said County CI86b16 BK 1 4058 PG 322 STATE OF CALIFORNIA) SS COUNTY OF ORANGE On May 6 1981 , before me , the undersigned , a Notary Public in and for said State , personally appeared James A Wahner, President, and Florine T Reichle, Assistant Secretary known to me to be the persons whose name, names xxx subscribed to the within instrument and acknowledged to me that they executed the same WITNESS my hand and official seal Signature /3 i x /Q Barbara L Surges �.� OFFICIAL SEAL Name (Typed or Printed) galr BARBARA I SURGES :gal k �1�`(�TT�� NOTARY PUBLIC CALIFORNIA ' Vfl ,`. ORANGE COUNTY I ''ti;,r MY comm. expires JUL 30, 1936 CI86b14 STATE OF CALIFORNIA) BK 1 4053 PG 323 SS COUNTY OF ORANGE On 28 April 1981 , before me , the undersigned , a Notary Public in and for said State , personally appeared Richard M Cannon , known to me to be the Vice President and Harold C Mills , known to me to be the Assistant Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corpora- tion therein named , and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolu- tion of its board of directors WITNESS my hand and official seal OFFICIAL SEAL -�yry MK/MD.P D. McCRUM Signature 47i 21', f� NOTARY PUBLIC CALIFORNIAI PRINCIPAL OFFICE IN Janean D McCrum ��=° ORANGE COUNTY Name (Typed or Printed) MY COMMISSION EXPIR ESOCT 13, 1984 CI86 b15 BK 14058 PG 324 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT Redhill-Baker-Paularino Property Agreement & Restrictive Covenant ("Agreement ) Costa Mesa Sanitary District Parcels 1 through 13 inclusive Book 137 Pages 43 & 44 of Parcel Maps County of Orange Attached is a copy of an Agreement between the Costa Mesa Sanitary District ( District ) and The Irvine Company ( TIC ) by virtue of which the District will provide sanitary sewer collection services to the real property described above We have previously entered into a ground lease with TIC covering a portion of said real property We acknowledge that we have read the attached Agreement" and approve it in all particulars We agree to comply with all the obligations of the Owner as defined in the Agreement to the extent any such obligation applies to the land leased to us and we agree that our leasehold in- terest is subject to the Agreement with the same effect as if the Agreement had been executed and recorded prior to the execution of our ground lease Rancho Penasquitos Ltd By. Chazan Penasquitos Associates General Partner By' :-mil = 1 -e To (Panne'ship) O °i STATE OF CALIFORNIA lllt -'4 COUNTY OF Los Angeles J SS. O T On April 10, 1981 before me, m s ^ 0 ,the unders,gt ed, Notary Public in and for id State,pers ally appe red ..‹ w 1 n7 0 WGerald J. Chazan D x iV Vf att be the generral of the partn of the partn ship known to me 0 O F that ned the with, instrument, d acknowledged to me to m that ch pt rt e shop ex trtetl the ame -1 -n IWITNESS my and and'cal - al. AL 73 0 \ a} `J C1 Signature --X-t.C c-<- `/s'Z—e_:- • 1 NOTARY PUBLIC CALIFORNIA / - -�� fit' LOS ANGELES COUNTY J IYma M. Holmstrom My comm. expires MAY 26, 1984 Name (Typed Printed) (Thu to official ota al an C.I42b11 BK 1 4058 P6 325 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT Redhill-Baker-Paularino Property Agreement & Restrictive Covenant ( Agreement") Costa Mesa Sanitary District Parcels 1 through 13 inclusive Book 137 Pages 43 & 44 of Parcel Maps County of Orange Attached is a copy of an Agreement between the Costa Mesa Sanitary District ( District ) and The Irvine Company ("TIC ) by virtue of which the District will provide sanitary sewer collection services to the real property described above We have previously entered into a ground lease with 'TIC covering a portion of said real property We acknowledge that we have read the attached Agreement and approve it in all particulars We agree to comply with all the obligations of the Owner as defined in the "Agreement to the extent any such obligation applies to the land leased to us and we agree that our leasehold in- terest is subject to the Agreement with the same effect as if the Agreement" had been executed and recorded prior to the execution of our around lease Western Pacific Financial Corporation By•_<G�C'�• / ' W B Connoley Sr Vice Presiden ��T By• ,),/,44 2:f�l, X Jam: ' Schmitt Vice President Date April 2, 1981 jn STATE OF CALIFORNIA a.• COUNTY OF ORANGE D E on April 2 1981 _.--- > n ° befo me the ride igned, Notary Publi nd fo •D V • id State pe ally appe ed W. B. Connoley 0 1-• known to me to be the Senior Vice Pr 'dent, nd James R Schmitt O known to me to be the Vd re Pre'4ident_.t�'1Xo1 of the rpo all that uted the with, strument, Prl M C < nd known to me to be the 1'IY pe who uted the with, 0 Dr • strument behalf of the rpo ati the amed, nd D ° kn>wledged to me that ch rpo an uted the with, N w:. 0 -1 strument pu nt to its by-laws oluti of is bo r I• 0 a. a . �... or OFFICIAL SEAL !L N di cto ARLEEN J. TRAPP '�' --IO o en E .n ® ���; NOTARY PUBLIC CALIFORNIA � F. P INCIPAL OFFICE If! a (1 o WITNESS my hand nd •ti al seal. ! ORANGE COUNTY i E / 1, - "` My Commission Exp lam 41 995 uSignatu a/ - — _ .• - . - .. -L Arlen J Trapp Name (Typed Pr lied) (Thi fo offic at ota at al) STATE OF CALIFORNIA, O/r4,vr„C 1 Sa. BK 1 4058 PG 326 COUNTY OF ON "Pea- 22 19 before me, the undersigned, a Notary Public in and for said State, personally appeared u OFFICIAL SEAL . ^,'n BARBARA A. NATLAND ii =m r - - v- if ..ft—i ° w a', p n rofi t NOTARY PUBLIC CALIFORNIA :- Lt: PRINCIPAL OFFICE IN Ale known to me, t ,� F7 ORANGE COUNTY to be the person whose names / ,1e4t subscribed to the within Instrument, o. My Commission Exp.May 26,1984 and acknowledged to me that—the_Y executed the same. WITNESS my hand and official seal. dett to a /14d ,I Notary Public in and for said State. `Awu,uneewinen c 717-- a na aim 434-xer 5474 — — *tate of California ss Countp of Orange —ACKNOWLEDGMENT—General— On tfjig L2 day of April A. D. 19 81 before me, Margo Catherine Munoz a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Charles Nabholz ooeoeeoeoeeooeeoe•ooeoesoeeoo OFFICIA SEAL • �( ARY C©THRI M��s NOTARY PC CAI ORNIIA : known to me to be the person whose name_ is _ subscribed to the ° PRINCIPAL orF'CF IN •` within Instrument, and acknowledged to me that he executed the same. ORANGE COUNTY • My Commission Expires April 5, 1982 ; Mn tIIditnegs Mercer, I have hereunto set my hand and affixed my official seal the day and year in this Certificate/first above written. s y /Notary Public in and for said County call State of California My Commission Expires April 5, 1982 NP 2 2/70 1'740 *tate of California } SS Countp of Orange —ACKNOWLEDGMENT—General— On tfjSS 21 day of April A. D. 19 81 before me, Margo Catherine Munoz a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Charlotte Nabholz _ ooeeooeeoaeeooe0000z>o OFFICIAL SEAM MARGO CATHERINE MtiNOZ o 0; NOTARY PUBLIC CALIFORNIA p known to me to be the person whose name -- is subscribed to the PRINCIPAL' OFFICE Itil oo within Instrument, and acknowledged to me thatthe executed the same. ORANGE COUNTY. is My Commission Expires April 5, 1982' : 3fn lialitnets1 �ffjereof, I have hereunto set my hand and affixed my official •0000000000000000000000000000 seal the day and year in this Certificate first above written. ti- /'c -rnf,., .;,"> 77-x.,>r-ey Notary Public in and for said County�and State of California My Commission Expires April 5, 1982 NP 2 2/70 12710 BK 1 4058 PG 327 ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT Redhill-Baker-Paularino Property Agreement & Restrictive Covenant ( Agreement" ) Costa Mesa Sanitary District Parcels 1 through 13 inclusive Book 137 Pages 43 & 44 of Parcel Maps County of Orange Attached is a copy of an "Agreement between the Costa Mesa Sanitary District ( District ) and The Irvine Company ( 'TIC' ) by virtue of which the District will provide sanitary sewer collection services to the real property described above We have previously entered into a ground lease with TIC' covering a portion of said real property We acknowledge that we have read the attached Agreement and approve it in all particulars We agree to comply with all the obligations of the Owner as defined in the Agreement to the extent any such obligation applies to the land leased to us and we agree that our leasehold in- terest is subject to the Agreement with the same effect as if the Agreement had been executed and recorded prior to the execution of our ground lease Jack and Dor by . D ,prey By f ) By J)D06/2/ cc Charles and Charlotte Nabholz BY Oi.altiajel ,>2a%t1 BY gietL )40�1✓1 1 Eby a °ID Date 0 m rn in) Attachment 4110 O -a 0 V' T 73 0 N _{ CI42b12