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Private Sewer Lift Station & Sewer Line Construction, Maintenance & Liability Agmt 2020-0851224RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2020-0851224 1111111111111111 11111 1111111111 11111 1111 1111111111 11111 1 111111 111 Dec 31, 2020 02:16 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $29.00 (SB2 Atkins: $0.00) PAGES: 6 (TI -HS SPACE FOR RECORDER'S USE) APN: 275-791-51 PRIVATE SEWER LIFT STATION AND SEWER LINE CONSTRUCTION, MAINTENANCE AND LIABILITY AGREEMENT 13929 Sagewood Drive This AGREEMENT for the maintenance and repair of a private sewer lift station and sewer line is entered into between the Property Owner(s) Catherine L. Crail, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. The purpose of this AGREEMENT is to provide sewer service to a property within the City of Poway, California, and provide maintenance of, and emergency spill response for, the common private sewer facilities. This AGREEMENT is executed by the OWNER herein and as a condition of approval by the CITY, to a development project and will run with the land in perpetuity as a covenant upon the property described herein. The standard for improvement will be that set forth by the owner herein. The construction described herein shall be accomplished prior to final approval of the project herein by the CITY. WHERETOFORE, the undersigned agree as follows: 1. PARTIES AND PROPERTY. The OWNER who has executed this AGREEMENT and their heirs, executors, administrators, assigns, and successors in interest, upon all of whom this AGREEMENT shall be binding. The CITY shall not be deemed a party hereto, but shall be deemed a beneficiary. The real property held by the OWNER is identified by tax parcel number adjacent to the signature of said OWNER. 2. SEWER. The location of the subject sewer system is located within the property at 13929 Sagewood Drive and runs north easterly where it connects with the existing public sewer main in Sagewood Drive. 3. LIMITATIONS. The sewer system has been designed to accommodate a maximum of one single — family residence. Any additional connections or connections associated with any other use shall not be permitted without prior written approval of the CITY. 4. CONSTRUCTION AND ROUTINE MAINTENANCE AND SANITARY SEWER OVERFLOWS. The cost of construction of the lift station, laterals, lines and appurtenances, capital improvements and/or routine maintenance resulting from ordinary wear and tear shall be borne by the OWNER in accordance with the following: a. The OWNER is responsible for all costs of construction and maintenance and repair of the sewer system including pump station, appurtenances, and that portion of the common sewer connection. Minimum maintenance procedures include pumping of wet wells twice a year, inspecting submersible pumps and impellers quarterly to check for debris, inspecting lift station check valve(s) twice a year, inspecting and cleaning floats four times a year, weekly inspection of light and alarm system. Natural chemical treatment shall be used for odor control and corrosion prevention. Application of chemical treatment shall be applied to the lift station wet well, through the force main, and to the point of discharge into the City wastewater collection system at the cleanout, located in front of 13929 Sagewood Drive. Hydrogen Sulfide concentration at the point of discharge into the City wastewater collection system shall be less than the OSHA Time Weighted Average (TWA) of 10 parts per million of Hydrogen Sulfide. Maintenance records shall be kept for a minimum of 1 year and be provided to the CITY upon request. b. The CITY shall periodically test for Hydrogen Sulfide concentration at city manhole l7 -009 -SM. Hydrogen Sulfide readings above the TWA of 10 parts per million shall constitute a nuisance and shall be immediately corrected. Abatement of such a nuisance shall be in accordance with Chapter 8.16 of the City's Municipal Code. c. The OWNER shall be responsible for all costs associated with the providing of emergency response and cleanup in the event of a Sanitary Sewer Overflow, main line blockages, or other spill. Additionally, the OWNER shall be responsible for all fines, penalties, or abatements levied by the San Diego Regional Water Quality Control Board, or any other agency. d. The OWNER shall be responsible for all costs associated with installation, maintenance and repair of an emergency alarm system. The OWNER shall enter into a contract with a service provider for the emergency alarm system. The system shall be operational and kept in proper working condition at all times. e. The OWNER shall be responsible for the energy costs associated with the operation of the pump system. f. The OWNER shall bear the cost of construction and maintenance of the remaining individual sewer lines serving their property exclusively. 5. CONNECTIONS TO SANITARY SEWER. There shall be no other connections to this sanitary sewer. 6. EXTRAORDINARY DAMAGE. It shall be the obligation of the OWNER to make and pay for all repairs to the above described sewer system when the same have been damaged by the extraordinary use of the OWNER or their agents or employees. 7. INITIATION AND MANAGEMENT OF REPAIRS. The system shall be inspected by a qualified professional as detailed in section 4.A. Evidence of any system failure, including but not limited to, pump failure and leakage, shall be immediately investigated and repaired. Page 2 of 4 Crail Residential Sewer Pump Station 8. COVENANT RUNNING WITH LAND. This AGREEMENT shall be deemed and is intended to run with the land and be a restriction upon such property, shall be binding upon and inure to the benefit of the undersigned, his/her/their heirs, personal representatives, successors and assigns, forever or until such time as the said private sewer system shall be dedicated to and accepted for use as a public sewer system by municipal government lawfully exercising jurisdiction over said private sewer system. 9. RECORDATION OF AGREEMENT. It is the purpose of the signatories hereto that this instrument be recorded at the San Diego County Recorder's Office to the end and intent that the obligation hereby created shall be a restriction upon and shall be secured by the said property and any subsequent transferee thereof, by acceptance of delivery of a deed and/or conveyance of the said property shall be deemed to have consented to and become entitled to enforce the terms of this AGREEMENT to enforce the restriction therein created, such remedy to be cumulative and in addition to all remedies at law or in equity. 10. INDEMNIFICATION. The OWNER shall indemnify and hold harmless the CITY, and its directors, officers, employees, and volunteers from any and all claims, demands, losses, costs and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising out of the operation of the sewage lift station, pipes, and appurtenances or the performance of this AGREEMENT, except for and arising from the negligence or willful misconduct of the CITY or its directors, officers, employees, agents or volunteers. IN WITNESS HEREOF, the OWNER has executed this AGREEMENT on the date set forth hereinafter: Assessor's Parcel No. 275-791-51 OWNER(S): Catherine L. Crail By: `-_sl Owner CITY 0, POWAY: see ,4ii. A/074 -k7 Date: //-20 ~� (signature must be notarized) ire/ 'o.ert J. Mani Director of Development Se"ices Page 3 of 4 Date: /2b10 (signature must be notarized) Crail Residential Sewer Pump Station CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 C �ac�a�c�c��e�C/.�t�,�a�.�c�c��c�c!s�e�.�.�e�.�c�c�c�e��c�•�c�.�.�e�c�c�c��.�e�<�.�e�.��e�c�. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California // ) County of S/7+vi i("r O ) j� � 4 On i( ('3~�� 'V o `� o before me, PR- t' C E O S u L L. t J i f I �OT'v4Rr su c, Date Here Insert Name and Title of the Officer personally appeared 1-- . < -C L-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p on ) whose names ia'r subscribed to the within instrument and acknowled d to me that ktef l�by-executed the same in rtheir-authorized capacity(i , and that by r their-signature(s), on the instrument the person(s)7— or erson or the entity upon behalf of which the person(s) acte , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. PATRICK E. O'SULLIVAN Notary Public' California San Diego County Commission i 2283434 My Comm. Expires Apr 25, 2023 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the doc .s =nt or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docu R.- bate: Number of Pages: Signer(s) Other Than Named Abo Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fac ❑ Trustee ❑ Guardian e onservator ❑ Other: Signer Is Representing: igner's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Lt�G� :�6V6' i.`i.6'� v <��.4� :�:� Gv�.�',GVL S�✓.�.�✓.�✓ti�: ri.� %WCdayva.oste,c21. o�✓. svAse 4wAAwl, ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On December 10, 2012 before me, } Yvonne Mannion Notary Public, Date Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who 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. YVONNE MANNION Notary Public -California San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4/0 jfer17,-; I Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Private Sewer Lift Station & Sewer Line Construction, Maintenance & Liability Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 APPROVED AS TO FORM: APPROVED AS TO CONTENT: Office of the City Attorney Alan Fenstermacher City Attorney Engineering Division Melody R City Engineer Page 4 of 4 Crail Residential Sewer Pump Station