Loading...
Private Storm Drain Facilities Maintenance Agreement 2001-0490610 '~:'Y '\' . 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' ~ C!p 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 ~jti~ J c..o~ Pi8m'i. l!-l~ (.soLi" 19 Ol-IU " . ' . . 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 , I , I jurisdictior, the validityand enforceability of the remaining provisions shall not be affected thereby , , I IN WITNESS lHEREOF"the parties have executed this Agreement on the dates set forth hereinafter For OWNERS. [; Date: 512~/6\ I I . . Sims. Managmg Member For CITY OF POW A Y I I Date.~/)ol . . CALIFORNIA ALL~PURPOsE ACKNOWLEQt!MENT x;-:- ':c<'..c<'-C<'vC<'.G<'..,C(.',;0("..(5(',C(.'..c<'...c<'.c<'.cO.c<'...Q(.',Q(,',Q(,',c(''CO&.C<'...<.'X'....c<'..e<:',C(>.<::X'..cr~-Q<-::-C<',5(',C('''''CO..c<'"C(',('X''~,C(';&9.. ~ I ~ I I State of California County of SO-n ~ 0 I. I on~1A, 1.0D\ Date personally appeared , before me, } ss. ~------------ .. JENNIFER MAYNARD ~ . . Commiaoion .; 2gil1 lig ~ l ' , Notary Public-Calilumia ~ ~ San Diego County f . IoIyConm. Expir8a Mar23, 2005 -------------- I I I' I I I 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~ L;.(,;> @1999NationaINotaryAssoc;alion'93500"SoIOAve.,P,O, Box ~402' Chalsworth. CA 91313-2402' www.nalionalnolaryorg Prod,No.S907 Reorder: Call TolI.Free 18008766827 . . 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. . '"" .:(-'t" Q.,() <J It.; e'< 4:-q.. '< v EXHIBIT "A" j Af'N 'Z./B-170-0tO 1584B P~I~rE: VISTA ROA V .~. ,'~ ~ J '\ ,( !fJ \ <:> 'v ' \/ -+ 0--_2 o TOE .OF BANK- 'C--_ TOP OF BANK- _..D ~ 750.9 FL ~/ ,~/ // ,1. 746.0 \ J 36" RCP ;~ > ~ \ . \ I ---"- -~ ~----\--- --- . \ \ . " \ \\ , \ 'l - - EXISTING 20 EASEMENT FOR DRAINAGE ",TO elT'r OF pown PER FIN 1992-0492513 O.R. REC 8-6-1992 I <i f- I en 31 70' INV'I - -:1 n, >1 I ~I <i ~I ~ I I I LOT 6 o"':::.\.>-- \ PROPOSED SINGLE FAMILY RESIDENCE (PER SEPARATE PERMIT) \ 746.0 PAD 7 1 8 NV. - I I ! ? ~ , w I I I " I <0 '" b o z -~,' -- -. I~ 1<.0 \ ;:!; \ ) ~-./ <---~ j C'\~ r , " , ',- , 0,0,"-02."-' ~ _c~s V100=2.6 FPS ~ " I I J 1_1-0' "'~I I' x '~,~6' I >1' , SETFACK I J/ l-L'~f I ~. nu:,,], . x : I SETSXACK ,----;.,~ :I II. 51 83.3' \ vi I "~ ~--------- '- TG 753.0 INV=747.21 / / ,Y / . / ~. '\ @ 0'6' 283;55' N89'12'10>>w \ TO BE MAINTAINED BY PROPERTY OWNER PERPRIV ATE DRAINAGE FACILITIES MAINTENANCE AGREEMENT