Private Sewer Maintenance Agreement 1999-0728392
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RECORDING REQUESTED .
DOC' 1999-0728392
NOV 01, 1999 8:25 AM
OFFICIAL RECORDS
SAIl DIE60 COUNTY RillJRDER'S OFFICE
GREGORY J. SMITH. ~TV RECORDER
FEES: 22.00
CITY OF POWA Y
AND WHEN RECORDED MAIL TO'
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1999,0728392
152'7
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY, CA 92074
No transfer tax due
APN 275-181-08
PRIVATE SEWER
MAINTENANCE AGREEMENT
THIS PRIVATE SEWER MAINTENANCE AGREEMENT ("Agreement") dated for reference
purposes as of the i B -l '" day of S6P, E'M r; FJ2.. ,I 9:tL-, is entered into between
John D, Gonnerman and Sandra Gonnerman. (hereinafter referred to as "DEVELOPER"), and the
CITY OF POW A Y, a municipal corporation (hereinafter referred to as "CITY"), for the benefit of
future subdivision lot owner who will use the PRlV ATE SEWER (hereinafter referred to as "LOT
OWNER," which shall include the DEVELOPER to the extent the DEVELOPER retains any
ownership interest in the PROPERTY).
WHEREAS, this Agreement is required as a condition of approval by the CITY ofa subdivision
project as defined in Section 2 I 065 of the Public Resources Code;
WHEREAS, DEVELOPER wishes to provide for the maintenance and repair of that certain
PRIV A TE SEWER described and shown on Exhibit A attached hereto and made a part hereof
(hereinafteT referred to as the ("PRlV ATE SEWER");
WHEREAS, DEVELOPER is the owner of that certain real property being developed as single
family residence that will use and enjoy the benefit of such PRlV ATE SEWER. A complete legal
description of said real property is included 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 establish a method for the maintenance
and repair of the PRlV ATE SEWER and for the expense of such maintenance and repair;
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant
running with the land, binding upon each successive LOT OWNER of all or any portion of the
PROPERTY
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS
The property benefited by this Agreement is the PROPERTY The present and successive
LOT OWNER of all or any portion of the PROPERTY are expressly bound hereby for the
benefit of the PROPERTY
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The cost ofmatlining the PRIVATE SEWER shall beld by the LOT OWNER or his
or her heirs, assigns and successors in interest.
3 The repairs and maintenance to be performed under this Agreement by or on behalf of the
DEVELOPER shall be limited to the following: Reasonable and normal sewer
improvement maintenance work to adequately maintain the PRIVATE SEWER and any
related facilities to permit normal access, ingress and egress to and from the PROPERTY
Repairs and maintenance under this Agreement shall include, but are not limited to, tilling
of chuckholes, repairing cTacks, repairing and resurfacing of roadbeds, repairing and
maintaining drainage structures, removing debris, maintaining signs, markers, striping and
lighting, if any, and such other work as is reasonably necessary or proper to repair and
preserve the street at the crossing of the PRIV ATE SEWER for normal purposes,
4 The obligation of the DEVELOPER to repair and maintain the PRIVATE SEWER serving
the PROPERTY as herein set forth shall commence upon the occurrence of the following
event: (a) when the PRIV ATE SEWER improvements have been completed and approved
by the CITY
5 The cost of any extraordinary repair required to correct damage to the PRIVATE SEWER
shall be the responsibility of the party causing the need for such extraordinary repair If
any such extraordinary repair is caused by the PROPERTY OWNER, the PROPERTY
OWNER shall pay the amount of the costs of such extraordinary repair The PROPERTY
OWNER shall promptly commence and effect such extraordinary repair The repair shall
be such as to restore the PRIVATE SEWER to the condition existing prior to said damage.
6 The PROPERTY OWNER shall at all times maintain liability insurance covering its
activities with regard to use and maintenance of the PRIV ATE SEWER. In the event the
PROPERTY OWNER retains a contractor to perform any of its maintenance obligation
with regard to the PRIV ATE SEWER, the PROPERTY OWNER shall require such
contractor likewise to maintain liability insurance to cover any liability arising as a result
of its activities with regard to such maintenance activities.
7 The OWNER shall jointly and severally defend and indemnify and hold harmless CITY,
CITY's engineer and their consultants and each of their officials, directors. officers, agents
and employees from and against all liability, claims, damages, losses, expenses, personal
injury and other costs, including costs of defense and attorney's fees, incurred by or
payable to any other PROPERTY OWNER, any user of the PRIVATE SEWER, or to any
other third parties arising out of or in any way related to the use, repair or maintenance of
the PRIVATE SEWER, Nothing in this Agreement, the specifications, or other contract
documents or CITY's approval of the plan and specifications for or inspection of the work
regarding, the PRIVATE SEWER 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 absolutely no Tesponsibility or liability therefor
8. If in the CITY's sole judgment the PRlV A TE SEWER is not being maintained to
standards set forth in paragraph 4 ohhis Agreement, the CITY may thereupon provide
written notice to the PROPERTY OWNER to initiate repairs or construction within ninety
(90) days. Upon failure to demonstrate good faith to make repairs or construction within
ninety (90) days of receipt of such notice the PROPERTY OWNER agree that the CITY
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may make all Aed repairs to the PRIV ATE SEWER Aeet the standards set forth in
paragraph 4 and to then assess the costs thereof to the PROPERTY OWNER. The
PROPERTY OWNER shall reimburse the CITY for all reasonable costs incurred by the
CITY in connection with such maintenance activities. If the PROPERTY OWNER does
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
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9 If the CITY elects to make necessary repairs in accordance with paragraph 8 above, said
work shall be without warranty Said repair shall be accepted "as is" by the PROPERTY
OWNER without any warranty of workmanship.
10 The foregoing covenants shall run with the land and shall be deemed to be for the benefit
of the land ofthe PROPERTY OWNER and each and every person who shall at any time
own all or any portion of the PROPERTY referred to herein.
II It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors and assigns of the PROPERTY OWNER.
12. 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, by
acceptance of delivery of a deed and/or conveyance, regardless of form, shall be deemed to
have consented to and become bound by this AGREEMENT
13 The terms of this Agreement may be amended in writing upon approval of the
PROPERTY OWNER and consent of the CITY
14 This Agreement shall be governed by the laws of the State 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 jurisdiction, the validity and enforceability of the remaining provisions
shall not be affected thereby
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter
By~Q~
hn D Gonnerman
By' 0~CJ,~
Sandra Gonne,q;{an
Date:
ICY /'1/99
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Date:
ACCEPTED'
CITY OF POW 1\ Y
BY'
Date.
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A'PO'~ '
BY' '" uti, {;d
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Date:
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CALlFORNIAALL.Pt,fRPOsE ACKt.lOWLl:~~_PtlllElII!T
State of California
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County of
San Diego
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On
"before me,
Sandra L. Pleitez- Notary Public
Name an,d Title of Offic.er (e.g., "Jane Doe, Notary Public")
10-4-99
Date
personally appeared
John D~.; Gonnerman and Sandra J.. Gonnerman
Name(s) 01 Signer(s)
iipersonally knownJo me
15' proved to me onttie basis of satisfactory
evidence
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~ CommisSlorJ 1#:1173435
~. ,... Notay Public -Cafiftlmla .~
) San Diego County f
,My Ccmm. Bcpres FeD2S.2XTl
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to be the person(s) whose name(s) is@!i)
subscribed to the within instrument and
acknowledged to me"that'he/s~xecuted
the same in his/her~authorized
capacity(ies), and that by his/her/~
signature(s) onthe'rnstrument the person(s), or
the entity upon behalf of which the person(s)
acted, executeiJlhe instrument.
Place Nolary Seal Ab()ve
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OPTIONAL
Though the informatiC}n.below i?, r19t'required'by'law, it may prove'valuab;e to persons ,relying on-the document
and could pfevenUraudulent.removaland reattachment of. this foiin,to another document.
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Description of Allached Document
Title or Type of Document: Private Sewer Maintenance Agreement
Document Date: 10-4-99
Number of Pages:
5
Signer(s) Other Than Named Above:
City, of Powav
Capacity(ies) Claimed by. Signer
Signer's NamE?:
D Individual
D Corporate Officer - Tille(s):
D Partner - D Limited D General
D Attorney.in Fact
D Trustee
D Guardian or Conservator
D Other'
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Signer Is'Representing:
@1997 National Nolary AssOCiation. 9350 De Soto Ave., P.O"Box 2402 . Chatsworth, CA 91313-2402
'.Prod. No. 5907
Reorder: Call To!I-Free 1-800-876-6827
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EXHIBIT "B"
LOT 61 OF GREEN VALLEY ESTATES UNIT NO 5, IN THE CITY OF POWA Y, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 3807,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
FEBRUARY 13, 1958, DESCRIBED AS APN 275-181-08