Private Storm Drain Facilities Maintenance Agreement 2001-0490611
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RECORDING REQUESTED,BY
CITYOFPOWAY
AND WHEN RECORDED MAIL TO'
CITY CLERK
~' CITY OF POW A Y
. . POBOX 789
~f POW A Y , CA 92074
t
NO TRANSFER TAX DUE
DOC. 2001-0490611
JUL 17. 2001 8:07 AM
OFF-ICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 22.00
(THIS SPACE FOR REGORDER'S USE)
APN 21e,-170-0.fj
PRIVATE STORM DRAIN FACILITIES MAINTENANCE AGREEMENT
THIS PRIVATE STORM DRAIN FACILITIES MAINTENANCE AGREEMENT ( 6.greement") dated
for refcrence purposes as of the 30th day of M"Y., 200 I, is entered into between ITE LLC, hereinafter
referred to as "OWNERS" and thcClTY OF POW A Y, a municipal corporation, hereinafter referred to as
"CITY"
WHEREAS, Owner wishes to provide for the maintenance and repair'ofthose certain PRIVATE STORM
DRAINAGE FACILITIES as shown on Exhibit A attached hereto and made a part hereof. hereinatier
referred to as thc "PRIVATE STORM DRAIN FACILITIES"
WHEREAS. Owner is the owner of certain real propertv heing developed as 15824 Prairie Vista Road. Lot
~ that will use and benefit of such PRIVATE STORM DRAIN FACILITIES. A complete legal
description of said real property is included in Exhibit B attached hereto and made a part hereof Said real
propel1y is hcreinaner retolTed to as the 'Propel1y"
WHEREAS, it is the mutual desire of the parties hereto that the PRIV ATE STORM DRAIN FACILITIES
be maintained and repaired in a safe and usable condition;
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with
the Property, binding upon eadl succ'cssive owner of the Property
NOW, THEREFORE. IT IS HEREBY AliREED AS FOLLOWS
Tlicvroperiy bt:llcfiting by this Agreemcnt is the Property The present and successivc owners of a]1
or any portion of the Prope!1\- arc expressly bound hercby for the benefit of the Property
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The cost of maintaining the PRIVATE STORM DRAIN FACILITIES shall bc borne bv the
O\VNERS or their heirs. a~signs; and sllccessor~ in interest. Notwithstanding. the foregoing.
OWNERS may seek.contributions or recompense from and by all other owners, heirs, assigns and
successors in interest who may be obligated under similar Private ~torm Drain Maintenance
facilities Agreements with the City of Po way relevant to this section ofprivatc drain.
The repairs and maintenance to be performed under this Agreement by or on behalfofthe OWNERS
shall be limited to the'following: reasonable and normalmaintcnance work to adequately maintain
the PRIVATE STORM DRAIN F AC I LlTIES and any related drainage' facilities to permit normal
storm drainage to and from the Propert',' Repairs and, maintenance under this Agreement shall
include, out are not lunited, to, repairing or replacing any damaged pipcs or conduits and drainagc
structures. removing dd)ris. if allY and stich other work as is reasonahly necessary or pnlper tn
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repair alld preserve the PRIVATE STORM DRAIN FACILITIES m good nonnal working
condition.
4 The obligation of the OWNERS as outlined herein shall C91)1mencewiththeissuance of a certificate
of occupancy by the CIty to the siilgle family dwelling.at 15824..Prairie Vista Rd., Lot 8.
5 In the event the OWNERS Tetaina contractor to perforni any maintenance and obligation with
respect to the PRIVATE STORM DRAIN FACILITIES, the OWNERS shall require such contractor
to maintainliability insurance to cover any liability arising asaresult of its activities with regard to
such maintenance activities.
6. OWNERS shall defend and indemn)fy and hold harmless CITY, CITY's engineer and their
eOllsultantSand each oftheir Officials, directors, officers, agents and employees from and against all
liability, claims, damages, losses, expenses. personal iiljur) .and other costs. ineluding costs of
defense and attorney's fees, ineurred 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 maintenanee of the PRIVATE STORM DRAIN FACILITIES. Nothing in this. Agreement,
the specifieations, or other contraet doeuments or CITY's approval ofthe plans and specifieations
for or inspeetion of the ",orkregarding the PRIVATE STORM. DRAIN FACILITIES is,intended to
include a review, inspeetion,.or acknowledgment of a responsibil ity for any such matter, and CITY,
CITY's engineer, and their consultants, and each oftheir officials, directors, offieers. employees.and
agents, shall have absolutely no responsibility or liability thereof.
7 If in the CITY's sole judgme,nt.the PRIVATE STORM DRAIN FACILITIES are not being
maintained tostanaards set forth,in paragraph 3 ofthis Agreement,..the CITY may thereupon provide
written notice to the OWNERS to iilitiate repairs or replacement within ninety (90) days. Upon
failure to demonstrate good faith to make repairs or replacement within ninety (90) days ofreceipt
of such notice the OWNERS agree that ihe CITY illay make .all needed repairs to the PRIVATE
STORM DRAIN FACILITIES to meet the 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 CITYi., connection with such maintenance activities. If the OWNERS do not so
reimburse the CITY withill'lhirty.(30) days after CITY's delnand, then CITY may pursue all of its
remedies at law or in equity
8. If the CITY elects to make necessary repairs in accordance with paragraph 7 above, said work shall
be without warranty Said repair sllall be accepted "as is" by the OWNERS and the without a
warranty of workmanship.
9 Thd'o'regoingcovenants shalL run with the land andshall.be deemed to be for the benefil'ofthe land
of each and every person wllo shall at any time own all-or aily portion of the Property referred to
herein.
10 It is understoo,d and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators..successorsand assigns of the OWNERS.
II It is the,purpose of the signatory hereto that this instrumetit be recorded to the end and intent that the
obligations hereby created shall be and constitute a covenant running with the land and any
subsequentpurchaser of all or any portion of the' Property, by, acceptance of delivery of a deed and/or
conveyance, ,regardless of fonn, shall be deemed to have consented to and become bound by this
Agreement.
12. This Agreement,shall be govemed by the laws ofthe.state.o:t:California. In the event that any of the
provisions of this Agreement are held to be unenforceable, or invalid by any court of competent
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jurisdiction, the validity and enforceability of the remaining"pro,visions shall not be affected thereby
IN WITNESS \\iHERIOOF, the.par.!ies have executed this'Agreeinenl'on the,dates,setforth hereinafter
F6fOWNERS'
Date: 0~/
.' ad Yl1ard, Mm1aging Member
~~ pole 7/;0/0/
For CITY OF PO AY
Date fo/l )01
.
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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,
State of California
County of ~<\'"b\Q."'J"'t\
~
on~~ \l:SDo~~~(:)\ , before me,
personally appeared --r\\
l"
Namels) ofSigner(s)
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,
o personally known tome
'"'-E;l. proved to me on the basis of satisfactory
evidence
,
,.
~ - - - - ~A:Y-AN-N :Y;RS- - ~
<: fi- . ~ommi15ion # 1~l019 ~
2 -. <Notary. ' Public - Califomia ~
~' . San DiegaCaunty (
~ camm,~ire' A"i 1.2003
- - - - - - - --
to be the perso~ whose nam~ is~
subscribed' to the within instrument and
acknowledged to me that he~ executed
the same in his~'""ttReir authorized
capacitYt1esJ., and that by his/~7lttsi(
signature\"s1-on the instrument the personW or
the entity upon behalf of which the perso~
acted, executed the instrument.
WITNESS my
.-4Y)
icial seal.
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
,
,.
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporale Officer - Title(s):
D Partner - D Limited D General
D Attorney in Fact
D Trustee
D Guardian~)r Conservator
D Other'
1011 of thumb here
Signer Is Representing:
"
@1999 Nat;onal Notary Assoc;ation . 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313.2402 . WNw national notary or9
Prod. No. 5907
Reordllf: Call TolI.Free 1.800.876.6827
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EXHIBIT"B"
WT80F.MAP NO 14087; IN THE CITY OFPOWAY, COUNT,YOF SAN DIEGO, ACCORDING TO
MAP THEREOF, RECORDED'NOVEMBER29,2000 ASFILr;'NO, 2000-0646532 OF ClFFiCIAL
RECORDS, IN THE OFFICE:OF THE, COUNTY RECORDER,OFSAID COUNTY OF SAN DIEGO,