Joint Use Fire Pump & Appurtenances Maintenance Agreement 1998-0417206
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DOC' __1998-0417206 "
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RE<::0RDiNG.REQUESTEDBY'AND
WHEN RECORDED MAIL TO:
City of Po way
P,O, Box 789
Poway, CA 92074-0789
Attn: City Clerk
JUL 07. 1998 8:06 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 22.00
I111I1I [111111[11111111111 [11~IJ~,~mlllllllllllllll 1111111111111
With a copy"to:
Hainann Properties
475 West Bradley Avenue
El Cajon, CA 92020
Attn: Jeffrey C. Hamann
(Space above for Recorder's use only,)
APN: 317-223-05, 3 17-223-06
JOINT USE FIRE PUMP AND APPURTENANCES MAINTENANCE AGREEMENT
,THIS AGREEMENT for the maintenance and repair of cerlliin joint use,fire pump and appurteriances, the
Idescription of which is setforth,in Exhibit "A" attached hereto and made a part hereof, is entered into between
the City of,.Poway, (hereiriafter referred to as "City") and W:H.. Pomeradil LLC, a California limited liability
company (hereinafler referred to as "DeveioIJer"), for the benefit of future lot owners (hereinafter referred to as
"Lot Owners") who will' use tllejoint use fire pump and appurtenances (hereinafter referred to as "Fire Pump"),
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which shali include the Developer to the extent the Developer retains ownership)nterest in any lot or lots,
WHEREAS, 'this Agreement is required as a condition of approval by'the City; and
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WHEREAS, DEVELOPER is the owner of ccrtain rcalproperiy beingdevelopcd as a light industrial complex
that will use and enjoy the benefit of said Fire Pump, A complete legal description of said real property is attached
as Exhibit '''B'', and incorporated by, reference, Said real property is'hen;inafter,referred to as'the Property: and
. WHEREAS;;tis the mutual desire of the parties hereto that said Fire Pump be maintained in a safe and usable
condition by the Lot Owners; and
WHEREAS, it is the inutual desire of the parties hereto to establish a method for, the mairiteitance arid repair
of said Fire Pump and for the apportionment of the expense of such llUli~tenan~,and repair among existing and
future Lot Owners; and
WHEREAS, the City shall be deemed a party hereto with the right but not the obligation to enforce full
compliance with the tenns and conditions of the Agreement; and
WHEREAS, it is the mutual intention of the parties that this Agreement constitute a covenant running with
,the land, binding upon each successive Loi..Owner of all or any portionofthe property;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
L The Property'is benefited by this Agreement, and present and successive Lot Owners of all or any
portion of the Property are expressly bound hereby for the benefit of the land,
2, The cost and expense of maintaining the Fire.Pump shall be,divided bascdon a'pro-rata share per sq,
Jl, ofbuildingamopgJheLot O;"neis and paid by the Lot,Owners or ihe'heirs, assigns'and succcssorsin interest of
each such owner. Thesemaintemince agreements include fire pump, fire,service,to the pump, Post indicator valve,
fire department connection; electrical service and associated'appurtenances,
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3, The:fepaiiS and,maintenance to be perfonned:under this Agreement shall be limited.tothlHolloWing,
unless thecconsent':,for additianal work is agreed to byamajorityvateofthe Lot Owners;owriing, 100% of the
;numberofparce,ls, 'Reasoll~bl~an~ nonnalmaintenance work,to a,dequ~tely ma:intain'saidFire Pump,
4. 'RejlaJrs'anct:,requirednfuintenance,'under this AgreementshalLinclude, but is not limited to, damage
diIetchvaiid31ism or normal wear &'tear, 'Inspections required by the'Paway;Fire'Department, insurance company
or other, authorized. governmental agency, '
!;,Anyextraordinaryrepair requiredto:correct damage to' said ,F)re)'uIllPthat results:froll! '!Ction taken
ofccontractoUor,by parties:.heret6 oftheitsuCcessorsin interest shall be paid for by the party taking action or.party
'contfactingfor work which cauSed','the necessity faf the 'extraordinary reP:iif ' .
6, It is agree,fthat'Developers'are.initiallythe'agent to contract and oversee an<l'do all actsmecessary to
'accomplish the repairs a.n~!TIai!l$nan,ce.requiredand/or authorized under ih\s'Agreement The parties forther
agree that the agent maY,~tanY'time:belreplaced,at)he direction ofa maji1riiy of the Lot Owners: ,Repair .and
,maintenance work on ilieFireiPtimjl::ove....,$S,OOO shall be commenced'when.a,majority of the Lot ~ers agree in
Writing~that',;uch,workis,needoo,.otherWise no priorauthorizationreqiiired, The agentShall obtain three bids from
licensed cohtraetors'and shaWaccept;the:lowest' of said three bids and shall then. initiate the work. The agent shall
be paid',for all' co~is. incurred, including I a,reas>>nable. compensation',for,.llie. agent's services,. and such. costs, shall' be
added to and paid,as'.apart, of the repair:and maintenance cost; provided, however, ihah compensation , for 'the
agellt's:ie~ices:sh~ilin n~ event~~~d a~ ainou~t equiv~le';i ti. 10% oitheacU;:iIcosto(repairs;a~d'm3inienance
perfonned, In,perfonning,!]is.duties; the agent, as he anticipates the.need,for.fonds, shall 'notifY the'parties and
each party shall within forty,five'(4S).diiys, pay the agent; who shall miiiiitirin'a,triistee account lI11d alsO maintain
accurate'accounting. records which are to be' available'.forinspection :by!any party or authorized agent upon
reasonable request '~I:such records~liallbe retained by the agent for a'peri~,offive (S) years,
7, ShOuld iany Lot Owner. fail to pay the pro rata share.' of "costs, and expenses as provided in this
Agreement, then.the agent of'any'Lot,owrietor owners shall be, entitledw'ithout'forther"notice,to inStitute legal
action fa!:. the. collection aLfoild,; advanced. on ,liehalf. of such. Lot Owner in ;aCcOrdance with; the'provisiolls of
California.eivil Code Section 84S: and shalf be entitled to recover' in .such 'action; in addition to the fonds
advanced, illierest.tllereon ,at 'the, current prime ' rate of interest, until paid;.. all' costs and disbursements of such
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action,including snch'stim or'sumsas:the Court may fix as and for a reasonabie;attomey's fees,
8, Any liability of the Lot OWners for pe'rsonal injury'to the agent hereunder; or to.any worker- employed
to make repairs or provide,mainten,ance'under this Agreement, or to thinl persons, aswell as any liability of the
Lot Owners'for damage to the property of'agent, or anysllch worker; or'orany third persons, as. a result of or
arising out of repairs and,maintenahce:Under this Agreement, sruJi be'bofu~,;as,~tweentheL6tOWllersin the
same. percentages astlley,beaithe.costs!ahd expenses,of such.repaiisarid iruii'nterumce, Each.Lot Owner shall be
responsible forand,riiaihtain' hisown:insurance, if any, By this Agreement; the',parties,do;'not intend to provide for
the. sharing of liability with respect to'lx:roonal injury or propertydariiage.ofuer'i1ian tllal'attribufuble,to the repairs,
and' mainiepm.ce,undertakem under,; this Agreement. Each of the Lot OWners agrees to. indemnity. the, others:trorll
any and'all' liabiliiy, for. injury. iohim or,. damage to his. property when .such; injury' or damage. results from" arises out
of, or is attribu'iable to anYimaintenance or repairs undertaken ilUrsuanfto,this,,Agreement.
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. 9: 1,01 (:)wnerss!!all ]ointlyiand severally defen~an!i indemnify and. hold harnlle~s tl!eGity, the City
Engineer; alld their consuliants"and each of, their. officialS, directors, officers;, agents and employees fonn and
againsCallliability, claims; dam3ges, losSes, expenses, r:ieisonarinjury and, other. Costs, includingcostsoMefenSe
lI11dattorney's fees,"to.theagent'hereunaer, or to any LoiOwners, any,contractor, any subcontractor; or to'any other
third persons'ansing"out ofClf"in,any way related.tothe use of, ,n,(l3ir or mairiienance:of, or the failure to repair or'
maintain'il).e,Eire,Jij,lInp. '
Not!iing in the Agreement, the specifications or other documentSoi City approval of :the plans . and
spi:cifidiiions,'oiiilspectiori of the work is intended to include a review, inspection, acknowledgment 'of. any
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responsibiFty,for 3JIY,~ch: tnatte,r" andFir~MaI]i.haU: ,qiY,:'Ci~:s'!,:ngineer,and th~ir c:onsultant~" and each of their
officIals, directors, officers, employees and agents,shallliaye,absolutely no respoosl,blllty orJlabtl~tytherefor.
10, IHidkCity:s sole judgment said joint use Fire,' Purnp. is riot being mairitairied' to staitdaidS set forth
in, paragraph 4 of this Agreement, the City may thereupon provide written, notice to, all LOt Owners to iiiitiate
rep:tirsor construction wiiliin ninety diO) days, Upon;failure .to demonstrate, good faith toni3ke :repairs or
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constructionwithinninety-(90)days;,theL()t:Owners agree that iheC:iiymaY'makeallrepairsjo said Fire Pump'to
nieet.the:standaids set forth in paragraph.4 anci'to then assess costs to;all L,ot OIyners proportionately, The agent
shall be responi;iblef6r.eollectirigtheaSsessmentsand ensuring payment to the C:ity,
II. If,theCity elects,to make necessary repairs in accordance with~aragraph I Oabove,;said ,work shall be
withoui ""al11l11ty, Said repair ~ltbe'!lccePtea "as is" by the Lot Owners witliout any warranty of workinaiiSliip
andbe:gliaranteed and indemhified'by them in accordance .with paragraph 9,
12, The foregoingeovenants shalhuD'withtheIand aiId'srnlll oeideeined.to be fortheberiefitofthe land
of each oftheLot Owners:and' each and every person who shall, at any time, own all or any portiori of the property
referred to herein, '
13, If is understood and 'agreed that ,the covenants herein.'contiiried shall be binding on the heirs,
executors, administrators, successors, and assigns of each of the Lot Owners:
14, Jt'isthe purposeofJne signatories..hereto that tliis instrumentbe recorded to the'. end arid intent that
the obligati()nllereby, created 8hal) '~.~.nd 'constitute a covenant -running with the land and .any subsequent
purchaser ()falLor anypoTiion th~reof/by a.cceptance of delivery, of'aAeedl!lldl~,,,,,nveyance regardless, of form,
shall be deemed to have,consented'to'and,become-bound by these presellts; induding without limitation, the right
of any Persim'entitledito emofce th,,,,terms'o{this.AgreementtoiDstitut~ legal action as provided in paragraph 8
hereof, such. remedy tobe.cumulative.and'iri addition to other remedies~provided'in'this Agreement and to all other
remedies at law or in equity,
IS, The:teims of this. Agreemellt:'maybe amended in writing upon majority approval of the Lot Owners
and the consent oftlie City,
16, Tliis Agreement shall'be g()verned by the laws of the State of, California, In the event thatariy of the
provisions of tliis Agreement are held to be ,unemorceable or invalid'by any court of competent jurisdiction, the
'vaiiclity, and enforceability ofthe'remai"ing provisions shall not be affected thereby,
WH POMERADOUC,
a California limited,'liability company
BY,Jt~Ma.l1ager:,lIamannProperties, Inc,
a',Caliiornia corpOration,
CITY OF POWAY
Dated:
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71.5
EXHmIT~A"
LEGAL DESCRIPTION'
All private Fire Appurtenances,inc1uding'but not limited 'to; swirigicheck valve, fire department connection,
underground fire lines up to andinc1uding the underground sweeps into each building,
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EXHlliIT'"B'"
Property Descriptio.n,
Ults.40 and 41 of City'of'PllwaiTrilct NO,.85-04, DRiLl, in the)Cityiof PllwaY, State of Califomia,.according to
map thereof no, J1742,fiIed.in the office of the Conrity Recordef'of'Sari Diego County, March?, 1987, as
1nstrnment'l'!Q.,.'87 _122499,
, ,C~['lf~)I:tNI~ AlL.PURPO.ACKNOWLEDGMENT .
State of
ev..\:'\~~,,-,
717
County of S(k... \)1 SL""So
On 1..,,\7.cL>\q<6 before me, L,[, {(l~~tL>n:ls()Y" Wo-\<:L,~l>u.lo\.Jc.
personally appeare:" Je.WI<L.\ C, t-lRrA~' ~'""C~;:(i~',)
d Name(s)ol,Signer(s)
'. "1
, . "'R'O"S'ON
f"" ,," .. L ERICH" .
''''.''''- ',COMMAI1111929:;
Q ":. . N..O T~A.V .PUB L.IC .C.~LIFO~NIA_
,;:3, .. - S~N OIEGO COUNTY
)< , . MyComm,E1ii>lre.Sept.23.2000
~personallyknownto me - OR- o-proved to me on the basisofs",tisfactpryevldence to be theperson(s)
whosename(s) isfare subscribed to the within instrument
and acknowledged to me that Ae4;Re/they executed the
same inflisfhef/theirauthorized capacity(ies). and that by
hWIlar/their signature(s) on the instrument the 'person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
~~~
,$'Ignalure 01 Notary Puo!ic
OPTIONAL
Though the information below is not required bylaw,. 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: 3(,;y,.i- lJ..s.z 'hYe.. ?\.L.-yv~1f
lo\ 2.Ao.\QY;
Loi-s L!-i:, I y. J
jp, ,Jrpocument Date:
. ~~;;~~~k...~
.:f'f' ~fA<"!;..
'Signer(s) Other Than Named Above:
Number of Pages:
to
Capacity{ies) Claimed by Signer{s)
Signer's Name:
Signer's Name:
D Individual
0, Corporate Officer
Trtle(s):
D Partner - D Limited D General
D Attorney-in-Fact
o Trustee
D Guardian.or'Conservator
D Other: Top of thumb here
D Individual
D Corporate Officer
Title(s):
D Partner -DLimited D General
o AttorneY'in_Fact
o Trustee
D Guardian or Conservator
o Ottie-r: Tcip'6f thumb here-
Signer Is Representing:
Signer Is Representing:
<Cl199<l Nalional Notary Ass~ialiOn' 8236 Remmel Ave.,P.O. Box 7184' Canoga Park, CA 91309.7184
Prod. No. 5907
Reorder: Call Toll.Fre-e 1-800-876.6827