Private Storm Drain Facilities Maintenance Agreement 2001-0490610
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DOC "2001-0490610
CITY or POWA Y
JUL 17. 2001 8:07
OFFICIAl,RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTYI\'ECDRDER
FEES: 22.00
AM
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO'
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CITY CLERK
CITY OF POW AY
POBOX 789
POW A Y CA 42074
NO TR.ANSFER TAX DUE
APN Z7B -!70 - 00
(THIS SPACE FOR RECORDER S USE)
PRIV ATE STORM DRAIN FACILITIES MAINTENANCE AGREEMENT
THIS PRIVATE STORM DRAIN FACILITIES 'MAINTENANCE AGREEMENT ("Agreement") dated
for reference ?lirposes as of the 24th, day of Mav 200 I, is entered into between ITE LLC hereinatier
referred to as 'OWNERS". and theCrry OF POW A Y a Illunicipal corporation, hereinafter referred,toas
"CITY"
WHEREAS. Owner wishes to providefQr the maintenance and repair of those certain PRIVA TESrO'RM
DRAINAGE FACILITIES as shown on Exhibit A attached hereto and made a part hereof hereinafter
referred to as the "PRIV A TE STORM DRAIN fACILITIES"
WHEREAS, Owner is the owner of certain real property being developed as 15848 Prairie Vista Rd" Lot
2" that will use and benellt of sllch PRIVATE STORM DRAIN FACILITIES A complete legal
description of said real property isilleluded in Exhibit B attached hereto and made a part hereof Said real
property 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 and repaired in a safe and usable condition,
WHEREAS, it is the mutual intention ofthe parties that this Agreement constitute a coveilant running with
the Property, binding upon each successive owner of the Property
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS.
The property bcncfitingby this Agreement is the Propel1y The,present and slIccessive owners orall
or anv portion "fthe Property arc expressly bound herebv fmlhe benellt oCthe Propertv
2. The cost of maintainii1g the PRIVATE STORM DRAIN FAlILlTIES shall be horne by the
OWNERS or their heirs, assigns, and successors in interest. Notwithstanding, the f()f(:goil1g,
OWNERS ,may seek contributions or rcc0I11pense from"and by all other owners, heirs, assigns and
successors ill interest who Illay he obligated uncleI' similar Private ~torl11 Drain Maintenance
facil ities Agreements with the City of Poway relevant to this section of private drain.
1 The repairs.arH:hnaintenunce to be performed under thi? Agreerncl1t by or on hehalfnfthe O\\lNERS
shall be limited .to the filllowing: reasonabie and normal maintenance work to adequately maintain
the PRIVATE STORM DRAIN FACILITIES and any related drainage ",cillties to permit normal
storm, drainage to and from the Property Repairs and maintenance llnder this Agreement shall
illclude~ but are.not limited.to: repairing or ~eplacjllg all)' damaged pipes or conduits and drainage
structures, removing debris, if an\, and such other work as is rC'asonably nec<:ssary or proper to
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repair and preserve the PRIVATE STORM DRAIN FACILITIES m good normal working
condition.
4 The obligation oftheOWNERS as outlined herein shallsolllm(,'nce with the issuance ofa certificate
of occupancy b/tneCITYtb the single familydwelling,a! F5848 Prairie Vista Rd. Lot6.
5' In the event the OWNERS ,retain,. a contractor to perfonn any maintenance and obligation with
respectto the PRIV A TESTORM DRAIN F ACILlTIES,.ihe OWNERS'shall require such contractor
to maintain liability insurance to cover any liability arising as a resultof its activities witinegard to
such maintenance activities.
6, OWNERS shalf dcfend and, 'indemnify and hold hamlless CITY, CITY's engineer and their
consultants and each oftheir.officials; directors, officers, agents and.employees from and against all
liability, clainis, damages, ,losses, expenses, personal inju~y and other costs, including costs of
defense and attorney's fees; incurred by or payable to any other use of the PRIVATE ST0RM
DRAIN FACILITIES, oHoany other third parties arising out of or in-any way related to the use,
repair or maintenance.orthe PRIY,A TE STORM DRAIN FACILITIES. Nothing in this Agreement,
the specifications, or other contract documents or CITY's approya,l ofthe plans and specifications
for or inspection of the work.regarding the PRIVATE STORM DRAIN FACILITIES is intended to
include a review, inspection; or acknowledgment of a responsibility for any such matter, and CITY,
CITY's engineer, and.their.consultants,.and each of their officials; directors; officers, employees and
agents, shall have absoh.ltely no responsibility or Iiahility thereof.
7 .If in the CITY's sole judgillent the PRIVATE STORM DRAIN FACILITIES are not being
maintained to standards'se.tforth'in paragraph 3 ofthis Agreement, the CITY may thereupon provide
written notice to the.OWNERS to initiate repairs or replacement within ninety (90) days. Upon
failure to demonstrate good faith to make repairs or replacemenl'\vithinninety (90) days of receipt
of such notice the .OWNERS agree that the CITY may make all needed repairs to the.PRIV ATE
STORM DRAIN FACILITIES to meet the standards set forthcin paragraph 3 aild to then aSsess the'
costs thereof to the OWNERS. The OWNERS shall reimburse the CITY for all reasonable costs
incurred by the CITY in connection with such maintenance aCtivities. If the 0WNERS do not so
reimburse the CITY within.thirty'(30) days after CITY's demand, then GITY may pursue,all of its
remedies at iaw or in equity
8. Iflhe CITY elects to make necessary. repairs in accordance with 'paragraph 7 above, said work shall
be without warranty Said repai.rcshall be acccpted "as is"by'ihe OWNERS and the without a
warranty of workmanship.
'9 The foregoing covenants shall run with the land and shall be deemed to be for the benefit ofthe land
of each and every person who shallat'any time own all or any portion of the Property referred to
herein.
10 It;s understood and agreed that the covenants herein contained shall be binding on the heirs,
executors, administrators, successors and assigns of the OWNERS.
I I It is the purpose of the 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 purchaser. of all or any portion of the Property; byaccept!lnce 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 Agreementshall be governed by the laws oflhe Stale of 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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jurisdictior, the validityand enforceability of the remaining provisions shall not be affected thereby
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IN WITNESS lHEREOF"the parties have executed this Agreement on the dates set forth hereinafter
For OWNERS. [; Date: 512~/6\
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Sims. Managmg Member
For CITY OF POW A Y
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CALIFORNIA ALL~PURPOsE ACKNOWLEQt!MENT
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State of California
County of
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on~1A, 1.0D\
Date
personally appeared
, before me,
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.. JENNIFER MAYNARD
~ . . Commiaoion .; 2gil1 lig ~
l ' , Notary Public-Calilumia ~
~ San Diego County f
. IoIyConm. Expir8a Mar23, 2005
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Place Notary Seal Above
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.torm to another document.
Description of Attached Document
Title or Type of Document: 1'1\11 ^1'l\4n~(U,,^t" t-
DocumentDate:~n \ Number of Pages: 11
Signer(s) Other Than Named Above:
~
"Jane Doe, Notary Public"]
Name(s}of Slgner(s)
~ersonally known to me
o proved to me on the basis of satisfactory
evidence
to be the personM whose nam*) isilmr
subscribed to the within instrument and
acknowledged to me that h€:3he:thl!lY executed
the same in his,'1 ,....' /U'v;' authorized
capacity~), and that by hisl"e,.'tAsir
signaturetej on the instrument the person~, or
the entity upon behalf of which the perso~
acted, executed the instrument.
WIT ESS my hand and offic' I seal.
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
o Guardian or conservat~r vn, I
% Other lY\a AJ\i'jM.l! IP-
Signer Is Representing LT~
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@1999NationaINotaryAssoc;alion'93500"SoIOAve.,P,O, Box ~402' Chalsworth. CA 91313-2402' www.nalionalnolaryorg
Prod,No.S907
Reorder: Call TolI.Free 18008766827
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EXHIBIT'B'
LOT 6 RFilMPNO, 14087, IN THE. CITY OF POWAY, COUNTY OF SAN DIEGO, ACCORDING TO
MAP THE,REOF, ,RECORDED NOVEMBER 29, 2000 AS FILE NO 2000c0646532 OF OFFICIAL
RECORDS, IN THE OFFICE OF1'HE COUNTY RECORDER OF:SAID COUNTY OF SAN DIEGO.
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EXHIBIT "A"
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TO BE MAINTAINED BY PROPERTY OWNER
PERPRIV ATE DRAINAGE FACILITIES MAINTENANCE
AGREEMENT