1 RECORDING REQUEST BY:
WHEN RECORDED RETURN TO:
Kelly G. Richardson, Esq
Richardson Ober LLP
234 E. Colorado Blvd. #800
Pasadena CA 91101
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Documentary Transfer Tax $ -0-
(Value and consideration is less than $100.00)
RECIPROCAL EASEMENT AGREEMENT
THIS RECIPROCAL EASEMENT AGREEMENT dated , __________ 2025 (this ‘Agreement’), is made by and among Tesoro del Valle Master Homeowners Association, a California nonprofit mutual benefit corporation (“Master Association”), and the City of Santa Clarita, a body corporat e and politic (“City”), ( City and the Master Association to be individually referred to herein as, “ Party” and collectively refer to herein as, “ Parties”), with respect to the following:
A. Whereas on May 9, 2005, a Donation Agreement (“Agreement”) was entered into by and between Montalvo Properties LLC, a Califor nia limited liability company (“Donor”) and the County of Los Angeles, a body corporate and politic (County) conveying Donor’s rights, title and interest in and to the Adobe Ranch House (“Historical Site” or “Donated Parcel”) and all adjacent adobe and wood-frame structures (collec tively, the “Historical Structures” or “Tesoro Adobe Park”) to the County except for all rights, title and interest in and to the water and water rights related to the Donated Parcel, and subject to the reciprocal parking easement in accordance with the terms of such agreement.
B. Whereas, on May 20, 2005, the County, D onor and Tesoro Del Valle Master Home Owners Association (“Master Association”) entere d into a Reciprocal Easement and Joint Use Agreement regarding Tesoro Adobe Park, a public park owned and operated by the County.
C. Whereas, on September 6, 2022, the Count y Board of Supervisors executed an amended Reciprocal Easement and Joint Use Agreement with Montalvo Properties LLC, the Master Association and the City of Santa Clarit a (City), for the purpose of replacing the County with the City.
2 D. Whereas, on January 18, 2023, the Mast er Association, vi a FirstService Residential, confirmed the Donor (Montalvo Properties LLC) is no longer an existing entity .
E. City is the owner of that certain real property located in the County of Los Angeles, more particularly described on Exhibit A . attached hereto and inco rporated herein by this reference (the “Historical Site”), upon which is located an adobe ranch house, four other adobe structures and one wood-frame structure (collectively, the “Historical Structures”). City is obligated to operate, maintain and preserve the Historical Structures and the Historical Site described in the Preservation Covenant ( “Preservation Covenant”) which was recorded against the Historical Site concurrently with the grant deed (Document #20221139607) conveying title to City. By separate documentation, the maintenance and operation of the Hist orical Site and the Historical Structures will continue to be maintained and funded by the existing Landscape Maintenance District, Zone T76 (Tesoro Adobe Park) previously formed and subsequently transferred to City concurrent to the completion of the Tesoro Del Valle annexation.
F. The Master Association and City desire to grant reciprocal nonexclusive easements over and across portions of the Hist orical Site and that portion of the Master Common Area Lot (the “Master Common Area Easement Area”), more particularly depicted on Exhibit B, attached hereto and incorporated herein by reference.
NOW, THEREFORE, the Parties hereto declare that the Historical Site and the Master Common Area Lot are hereby made subject to th e easements, covenants, uses, restrictions, conditions, rights, burdens, benefits and other agreements hereinafter described with the intention that the same shall run with the land and shall be binding upon the Parties and shall inure to the benefit of subsequent owners thereof, upon and subject to the provisions hereof as follows:
1. Reciprocal Easements for Parking and Vehicular and Pedestrian Ingress and Egress.
1.1 Grant of Easements. Master Association hereby creates, establishes and grants a nonexclusive easement (the “ Master Common Area Easement ”) over and across the Master Area Easement Area to and for the benefit of and as an appurtenance to the Historical Site for parking purposes and vehicular and pedestrian ingress and egress. City hereby creates, establishes and grants a nonexclusive easement (the “Historical Site Easement”) over and across that portion of the Historical Site depicted on the attached Exhibit C (the “Historical Site Easement Area”) to and for the benefit of and as an appurtenance to the Mast er Common Area Lot for parking purposes and vehicular and pedest rian ingress and egress. The Master Common Area Easement Area and the Historical Site Easement Area are collectively referred to herein as, the “Easement Areas”. The easements granted herein shall continue fo r as long as the Historic al Site is used in accordance with the terms and provisions of the Preservation Covenant.
1.2 Maintenance of Master Common Area Easement Area. The Master Association shall at all times, at its sole expense, maintain the Master Common Area Easement Area in a neat, clean, safe and attractive condition.
1.3 No Interference. Neither the Master Association nor the City shall permit any 3 uses within the Easement Areas which materially interfere with the quiet enjoyment of, and access to and from, the Historical Site and/or the Master Common Area Lot. The City will require users of the Historical Site to comply with the City's noise ordinance, enforcing it as needed in response to any violations.
2. Required Insurance.
2.1 By City. City shall at all times maintain in full force and effect comprehensive, broad form, general liability insurance that shall protect against claims and liability for personal injury, death, and/or property damage arising from the use and/or condition of the Historical Site, the improvements thereon, and/or any abutting public right-of-w ay owned and controlled by the city, in an amount not less than $1,000,000 per occurrence , two million dollars ($2,000,000) general aggregate. City shall deliver certificates periodically to the Master Association that provide evidence that such insurance has not lapsed or b een materially changed and the same is and will remain in full force and effect for at least one (1) year from the date of th e certificate. In lieu of commercial insurance, the City shall retain the right to self-insure all or any portion of its insurance obligations herein.
2.2 By the Master Association. The Master Association shall at all times and at its sole cost and expense maintain in full force and effect comprehensive, broad form, general liability insurance that shall protect against claims and liability for personal injury, death, and/or property damage arising from the use and/or condition of the Master Common Area Easement Area, the improvements thereon, and/or any abutting public right-of-way, and it shall provide combined single limit protection of at least one million dollars, ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. Such insurance shall be carried only with responsible insurance companies licensed to do business in California. The Master Association shall deliver certificates periodically to the City that provide evidence that such insurance has not lapsed or been materially changed and the same is and will remain in full force and effect for at least one (1) year from the date of the certificate, it being the Master Association’s obligation to ensure that the City always has evidence that such required insurance coverage is at all times in force and effect.
3. Indemnification.
3.1 Master Association. The Master Association shall be responsible for all damages to persons or property that occur as a result of Master Association, or its officers, agents, employees, independent contractors, and volunteers’ fault or negligence in connection with Master Association’s participation in the exercise of use rights conveyed under this AgreementActivity. Further, Master Association shall indemnify and save harmless the City, its officers, agents, employees, independent contractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property arising from or related to the fault or negligence of Master Association, its officers, agents, employees, independent contractors, and volunteers in connection with the exercise of use rights conveyed under this AgreementActivity. 4 3.2 City. The City shall be responsible for all damages to persons or property that occur as a result of City, or its officers, ag ents, employees, independent contractors, and volunteers’ fault or negligence in connection with City’s participation in the exercise of use rights conveyed under this agreement. The City shall indemnify and save harmless Master Association, its officers, management, agents, employees, independent cont ractors, and volunteers from all claims, suits, or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to the property arising from or related to the fault or negligence of the City, its officers, agents, employees, independent contractors, and volunteers in connection with the exercise of use rights conveyed under this AgreementActivity.
4. Defaults, Remedies. If any Party hereto shall be in breach or default of its covenants or obligations under this Agreement, then prior to exercising any right or remedy in connection therewith, the nondefaulting Party shall notify the defaulting Party of the occurrence of such breach or default, describing the particulars thereof, and shall demand that the same be fully cured within thirty (30) days after receipt of such notice. If, thereafter, such breach or default is not so fully cured, then the nondefaulting Party may exercise such rights and remedies avai lable to it at law, in equity and/or hereunder including, by wa y of example only, specific performance and compensation for any damage caused by such breach or default.
5. Rights Cumulative, No Implied Waivers. Each of the rights and remedies available hereunder, at law or in equity are cumulative, and the exercise by any such Party hereto of one or more of such rights or remedies shall not preclu de such Party’s exercise, at the same time or different times, of any other ri ght or remedy for the same or a ny other breach or default by the other Party. No waiver of any right, remedy, breach, default or other provision hereof shall be implied, and any such waiver shall be effective only if in writing and signed by the Party to be charged with such waiver. No waiver of any br each of any provision hereof shall be deemed a waiver of any subsequent breach whether of the same or another provision hereof.
6. Time of the Essence Construction. Time is of the essence of each and every provision hereof. Use of the neuter shall include the masc uline and feminine, the singular shall include the plural, and vice versa.
7. Notices. Any notice, demand or other communication which any Party may be required or may wish to give to another Party shall be in writing and shall be addressed to said other Party at the address listed below. Any such notice so addressed shall be deemed delivered upon receipt if delivered personally or by courier service or on the third (3rd) business day after deposit into the U.S. mail if sent by certified mail, postage prepaid, return receipt requested. If any Party wishes to change its address for the receipt of any notice he reunder, then such owner shall notify the other owner of such address change in accordance with the provision of this Section.
If to City:
5 City of Santa Clarita
23920 Valencia Boulevard
Santa Clarita, CA 91355
Attention: Ken Striplin, City Manager
If to Master Association:
Tesoro Del Valle Master Association
Attention: Sabrina Hart-Neve
First Service Residential
25115 W. Avenue Stanford, Suite B-200
Santa Clarita, CA 91355
Email – [email protected]
Copy to:
Kelly Richardson Esq.
Richardson Ober LLP
234 E. Colorado Blvd. #800
Pasadena, CA 91101
Email – [email protected]
8. Entire Agreement. This Agreement, together with the Exhibits attached hereto and forming a part hereof, constitutes the entire agreement among the Parties with respect to the matters covered herein and supersedes any prior negotia tions, understandings or agreements with respect to the matters contemplated hereby.
9. Exhibits Incorporated. Each of the Exhibits attached hereto are incorporated herein and made a part of the Agreement.
10. Amendments, Waivers in Writing. This Agreement may not be amended or altered except by a written instrument signed by each of the then-owners of fee title to the Historical Site and the Master Common Area Lot.
11. Severability. Should any term, part, portion or provision of this Agreement or any application hereof to any person or circumstance be held to be ill egal, invalid or in conflict with any applicable law, rule or regulation, then the validity of the remaining terms, part, portions and provisions hereof and the applicat ion hereof to other persons or circumstan ces shall be deemed severable, and the same shall remain enforceable and valid to the fullest extent permitted by law.
12. Covenants Running with the Land. The Parties hereto do hereby agree to the provisions hereof on its own behalf and on behalf of the s ubsequent owners of the Historical Site and the Master Common Area Lot, it being intended that the Agreement and its provisions shall run with 6 the land, shall be binding upon, and shall inure to the benefit of the Parties hereto and each such subsequent owner of the Historical Site and the Master Common Area Lot.
13. Counterpart. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same agreement.
14. Supersedes Prior Agreements. This Agreement shall supersede and replace all prior agreements and understandings, oral or written, between the Master Associ ation and the City including the original Reciprocal Easement and Joint Access Agreement (Recorded No. XXXX) and Amended Reciprocal Easement and Joint Access Agreement (Recorded No. XXXX).
Waiver of Provisions of Master Association CC&R Section 5.18. City waives any claim to benefit, enforce, or otherwise collect the fee described in Master Association CC&R Section 5.18 outlined in Exhibit D.
IN WITNESS WHEREOF, the Parties hereto ha ve caused this Agreement to be executed by its duly authorized officer(s), agents(s) or re presentative(s) as of the date first written above.
DATED:___________________ City of Santa Clarita
By: _______________________________
Name: _____________________________
Title: ______________________________
DATED:___________________ “Master Association”
Tesoro del Valle Master Homeowners
Association, a California nonprofit mutual
benefit corporation.
By: _______________________________
Name: _____________________________
Title: ______________________________
By: _______________________________
Name: _____________________________
Title: ______________________________
7 Exhibits:
A: Description of Historical Site
B: Depiction of Master Common Area Easement Area
C: Depiction of Histor ical Site Easement Area
D: Master Association CC&R Section 5.18
(a) Any Condominium or Lot having no completed structural improvements for human occupancy shall be exempt from the payment of that porti on of any assessment that is assessed for the purpose of defraying expenses and reserves directly attributabie to the existence and use of the structural improvement. For example, such exemption may indude, without limitation, the following improvements, among others: (i) roof replacement, (ii) exterior maintenance, (iii) walkway and carport lighting, (iv) refuse di_sposal, (v) cable television, (vi) . private alley, and (vii) dorr.iestic water supplied to living units. Such exemption shall be in effect . until the first to occur of the following events: (i) recordatiori of a notice of corrtpletion of the structural improvements; (ii) occupation ·or· use of the Condominium or Lot, pursuant to a certificate of occupancy or (iii) completion of all elements of the residential structures that the Association is obligated to maintain. .
(b) Furthermore, neither Declarant nor any other Owner shaU be obligated to · pay any portion of any assessment_ which is for the puipose of defraying experises and est~blishi_ng reserves directly attributable to the existence and use of a common facility (including ·any Master Common Area) that is not complete at the time assessments commence.
Any such exemption for the payment. of assessments shall be in effect only until ·a· notice of completiori ofsaid comnion facility has been recorded or said commori facility has been-placed into use, whichever shall firstoccur.
Section 5.17 Stabilization of Annual Assessments. If the annexation ofAssociatioh Property results in an ineniase in annual · assessments, the Association shaU be ol>ligated to collect such increased annual asses~ments and. accept title to and assurne· maintenance responsibility for such Association Property. However, to minimize the need for frequent adjustments in the amount of · annual assessments duriri.g the development of the Property, the Board may stabilize the amount of annual assessments invoiced to Owners at a level amount calculated to defray the expenses of the Ass.ociation during · the time the annual assessments are fluctuating due to the periodic annexation of Project Units and Master Common Area by Declarant. and/or a Merehant Builder.
Further, düring the period, if any, that Declarant has obtained approval from the Departinent of Real Estate for a Ievel assessinent budgeting program ("Level Assessment Budgeting Program") and such program is in effect, the Board shall set up and follow the following fiscal controls:
5.17.1 A separate account (the "Cumulative Suipius Fund Account") shaU be set up to house any cumuJative suiplus resulting from the Level Assessment Budgeting Program.
5.17.2 The Cumulative Suipius Fund Account shall only he used for the funding of the regular assessments in a given fiscal year.
5.17.3 The annual report described in Seetion 6.4 of this Declaration shall inelude a review or test of the Level Assessment Budgeting Program to ensure that adequate regular assessments are being eolleeted.
Section 5.18 Assessments Re: Historical Site. Toe initia] monthly assessmeilt per Project Unit to be paid to the Assoeiation and paid by the Association to the Historical Site Owner for maintenance and operation of the Historical Site shall be equal to Ten Dol1ars ($10.00) per month per Projeet Unit~ whieh amount may be changed from time to time in accordance with the \\Finn\3\docs\Jnontalvo.tesoro\Mastcr CC&Rs.023C.doc 3 5 EXHIBIT "D"
Historical Site Assessment Language from Master
Association CC&R Section 5.18
. provisions of the Reciprocal Easement and Joint Use Agreement, but in no event shall exeeed Ten Dollars ($10.00) per month per Projeet Unit. Such assessment shall be in addition to any assessments paid to an LLAD which may he formed to operate and maintain the Historical Site.
ARTICLE6
ACCOUNTINGS
Section 6.1 Books and Records. Toe Association shall maintain hooks of account of all its receipts and .expenditures. Each Owner shaU be entitled at reasonable titnes to inspeet the hooks andreeords ofthe Association at its offices and to have sueh hooks and records examined at sueh Owner's expense hy an attomey or an accountant representing such Owner. Sueh Owner may make excerpts or copies of such books and reeords or portions thereof, and each such Owner, at his own expense, shall have the right to have such hooks independently audited by an aeeountant.
Section 6.2 Budget.
6.2.1 Exeept as provided in Seetion 6.2.2, a pro forma operating statement and budget (eolJeetiveiy„the "Budget") for eaeh fiseal year shall he prepared and distrjquted to each Owner not less than forty-five (45) calendar days nor more than sixty (60) c:alendar days prior to the heginning ofthe fiscal year. Toe Budget shall eontain the following information: · (a) The estimated revenue and expenses of the Assoeiation for the upcoming fiscal year on an accrual basis; ·
(b) A summary of the Association 's reserves based upon . the most reeent review or study eonducted pursuant to Section 6.2.4 below, which shall he printed in boid type and inelude all of the following:
(i) The current estimated replacement eost, estimated remaining life, and estimated useful life of each major eomponent within the Master Common Area; (ii) As of the end of the fiscal year for which the study is prepared:
(A) The current estimate of the amount of eash reserves necessary to repair, replace, restore, or maintain the major components within the Mastet Common Area;
(B) The current amount of accumulated cash reserves actually set aside to repair, replace, restore or maintain major components within the Master Common Area;
(iii) The percentage tha.t the amount determined for purposes of clause (B) of subparagraph (ii) above is of the amount determined for purposes of clause (A) of subparagraph (ii) above;
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