Private Storm Drain Facilities Maintenance Agreement 2001-0490612
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Doc4l 2001-0490612
CITY OF POW A Y
JUL 17. 2001 8:07 AM.
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORV .1. SMITH, COUNT'! ~1:CORDER
FEES: 22.00
RECORDING REQUESTED BY
AND WI'IEN RECORDED MAIL TO'
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C!f
CITY CLERK
CITY OF POW A Y
POBOX 789
POWA Y CA 92074
NO TRANSFER TAX DUE
Af'N"l.1 - \10 - 0 9
(THIS SPACE FOR RECORDER'S IISE)
PRIVATE STORM DRAIN FACILITIES MAINTENANCE AGREEMENT
THIS PRIVATE STORM DRAIN FACILITIES MAINTENANCE AGREEMENT ("Agreement'') dated
for reference purposes as of the 24th day of Ma, ,2001 is entered into between ITE LLC,hercinafter
referred to as "OWNERS" and the CITY OF POW A Y a municipal corporation, hereinafter referred to as
"CITY"
WHEREAS, Owner wishes to provide for the maintenance and repair ofthose eeliain PRIV A TE STORM
DRAINAGE FACILITIES as shown on Exhibit A attached hereto and made a part hereof, hereinafter
referred to as the "PRIV ATE STORM DRAIN FACILITIES
WHEREAS, Owner is the owner.of certain real,propeliy being developed as 14009 Lake Po way Rd.. Lot
9, that will use and benefit of such PRIVATE STORM DRAIN fACILITIES. A complete legal
description of said real property is ihcluded in Exhibit B attached hereto and made a pmi hereof Said reai
propel'ty is hereinafter referred to as the "Property"
WHEREAS, it is the mutual desire of the parties hereto that the PRIVATE STORM DRAIN FACILITIES
be maintained mid repaired in a safe and usable condition,
WHEREAS, it is the mutual intention of the paliiesthat this Agreementconstitutea covenant running with
the Property, binding upon each successive owner ohhe Property
NOW, THEREFORI' IT IS HEREBY AGREE!) AS FOLLOWS.
'f.'lC proper!) hcncfiting by this Ag~ccll1cnt is the Property. The present and sllccessive owners of all
or all); portion 6fthe Proper~y are expressly bound hereby fOl' th<..: benefit of the Property
2. The cost of maintaining the PRIV<\TE STORM DRAIN f<\CILlTIES shall be borne by the
OWNERS ur their heirs. assigns. and successors in intercst. Notwithstanding, thc foregoing,
OWNERS may seck contributions or reGompense ti'om and IT'{,alJ other owncrs, heirs. assigns and
successors in interest who may be obligated Linder similar 'Private 'Storm Drain Maintenance
facilities Agreements with tIle City ofPov~la\' relevailt to this-section of private drain.
1 The repairs'and 111ai)ltenance to be performed under this Agreelllentbv or'oll behalf of the OWNERS
shall be limiied 10 the.following: reasonable and normal maintenance work to ade4uately maintain
the PRI'v ATE 'iTORM DRAIN fA.CILlTIES and an\' related drainage tile iI ities to permit normal
storm dminage to and from the Property Repairs and maintenance under this Agreement shall
include. hut are nut limited to. repairing or replacing any damaged pipes or conduits and drainage
strllctun.~S. removing debris. if allV and slIch other work as is reasonably necessary or proper to
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repairalid preserve the PRIV ATE STORM DRAIN FACILITIES m good normal working
condition.
4, The'obligation oflhe'OWNERS as outlined herein shall cO)llmence with the issuance of a certificate
of.occupancy bythe,.CITY tothe single family dwellihgat 14009. Lake PowayRd., Lot 9
'5 In the event the OWNERS..retain a contractor to perform,any maintenance and obligatioll with
respect to the PRIV ATE STORM DRAIN FACILITIES, the OWNER'S shall require such contractor
to maintain liability insurance to cover any liability arising as a result of its activities with regard to
slIch maintenance activities.,
6. 0WNERS shall defend and indemnify and hold harmless CITY, CITY's engineer and their
,'onsiJltai,ts and eacl" oftheir officials, directors. officers, agents and employees from and against all
liability, claims, damages, losses, expenses, personal inju~y and other costs, includillg costs of
defense. and attorney's fees, inc'llrred by or payable to any other use of the PRIVATE STORM
DRAIN FACILITIES, or to any other third parties arising out of or in any way related to the use,
repair or,maintenance.ofthe PRIVAT-E STORM DRAIN FACILITIES. Nothing in this Agreement,
the, specifications, or other contract documents or CITY's appcoval oftherlans and specifications
for or jnspection of the work regarding the'PRIV ATE STORM DRAIN F ACILlTI ES is iiltended to
include a review, inspection, or'ackllowledgment of a responsibility for any such matter,.and CITY,
CITY's engineer andtheir conspltants, and each of their officials, directors, officers, employees and
agents, shall have absolutely no responsibility or liability thereof.
7 If in. the CITY's sole judgrri"ent ,the PRIVATE STORM DRAIN FACILITIES are not being
maintained to standards set forth in paragraph 3 oflhis Agreement, the CITY may thereupon provide
written notice to' the OWNERS to initiate repairs or replacerilellt within ninety (90) days. Upon
failllre to demonstrate good faith to make repairs or replacement within ninety (90) days of receipt
of such notice the OWNERS agree' that the CITY may make. all' needed repairs to the PRIVATE
STORM DRAIN FACILI'nESto meetthe standards set forth in paragraph 3 and to then assess the
costs'thereof to the OWNERS. The OWNERS shall reimburse the CITY for all reasonable costs
incurred by the CITY in.conneciionwith such maintenance activities. If the OWNERS do not so
reimburse the CITY within thirty (30) days after CITY's demand, then CITY may pursue all of its
remedies at law or in equity
8, If the CITY elects to.makenecessaryrepairs in accordance with'panigraph 7 above, said work shall
be without warranty Said' repair shall be accepted as is" by the OWNERS and the without a
warranty of workmanship.
9 The foregoiilg covenants shall run with the land and shall be deemed to be for the benefit of the land
of each and every person who shall at any time own all or any portion of the Property referred to'
herein.
10. It is understood and agreed that the covenants herein cohtained shall be binding on the heirs.
executors,admihistrators, successors and assigns of the OWNERS
I I It is the,purposeofthe;signatory hereto that this instrument be recorded to the end and intent that the
obligations hereby created shall be and constitute a covenant running with the land and any
subsequent purchasewfall or any portion oftheProperty;byacceptance of delivery of a deed aild/or
conveyance, regardless of form, shall be deemed to have consented to and become bound by this
Agreement.
12. This Agreement'shall begovemed by the laws of the State of California. Inthe event that any of the
provisions of this Agreement are held to be unenforceable or invalid by any COUlt of competent
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jurisdictioil, the validity and enforceability of the renlaillingprovisions shall not be affected thereby
IN WITNESS WHEREOF,theparties have executed'this Agreeinent 011 tile dates set forth hereinafter
For OWNERS.:'
Date: 'S/2'1 f 01
,
Sims, Managing Member
Date
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TO BE MAINTAINED BY PROPERTY OWNER
PER PRlYATE DRAINAGE FACILITIES MAINTENANCE
AGREEMENT
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CALIFORNIA ALL.PURPOsE ACKNOWLEDGMENT
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On ft\IU ~~, 'J,Oo I , before me,
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personally appeared . ~ au MOt\tL .11 (y. ~
~ Namels)of Signer(s}
~ersonallY known to me
D proved to me on the basis
evidence
State of California
County of
~lh Ditto
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of satisfactory
to be the perso~ whose name~re
subscribed to the within instrument and
acknowledged to me that hC/8Re!tR~ executed
the same in his/l;;1srl.j.hair authorized
capacity~, and that by hiv/l'v.,'lI'v;r
signaturetel on the instrument the person~, or
the entity upon behalf of which the person~
acted, executed the instrument.
Though the information below IS not required by law. it may prove valuable to persons refying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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JENNIFER MAYNARD
'I Commission'1298189
~: '. .. Notary Pubiic - cal.ifomia ~
i S.n DillJlo County f
.... _ _ ~~~~~res_Ma~~~,
Capacity(ies) Claimed by Signer
Signer s Name:
o Individual
o Corporate Officer - Title(s):
o Partner ~ 0 Limited 0 General
o Attorney in Fact
o Trustee
I' 0 Guardian or conservato~
' X Other' Mll~d~I"_ _I......
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~ Signer Is Representing: I rt- u..v
1'<X,,,,,,,c<;,=,<,<,"<,,,="CV,<,<;;c<;;<,,,~~"CV~"CV=,,,<;<,,,.,"(,<x>=,,<,,,<;;<,,,"""'G<;;"""<""o"'<'>""==x,<;==^"""",^,,,,=
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(i JENNIFER MAYNARD
-. . ' Commis8ion .1298169
l' Notary P~bli.C'. California
j. San. Diego County
My Corrrn. Expit'es Mar 23, 2(0)
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@ 1999 National Notary AsSociation' 9350 De SotoAve P.D. Box 2402 . Chatswotth, CA91313.2402. www,natlonalnolaryorg
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Place Notary Seal Above
Description of Attached Docum~e~:..._
Title or Type of Document: --1l'ltL~(<
Document Date: ~O i
Signer(s) Other Than Named Above:
Prod. No. 5907
Reorder: Call TolI-Fr~e 1.800.876-6827
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EXHIBIT 'B'
LOT 9 OF M6P NG, 'I4087,IN THECITYOFPOWAY, COUNTY OF SAN,DIEGO, ACCORDING TO
MAP THEREOF, RECORDED NOYEMBER '29: 2000 AS. FILE NO 2000-0646532 OF OFFICIAL
RECORDS, iN THE OFFICE OF THE COUNTY RECORDER'OFSAID COUNTY OF SAN DIEGO