Private Sewer Lift Station & Sewer Line Construction Maintenance & Liability Agreement 2014-0487319273- 820 -20 -00
D 0 C # 2014-0487319
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOV 07, 2014 2:31 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES 34.00
PAGES: 7
(THIS SPACE FOR RECORDER'S USE)
PRIVATE SEWER LIFT STATION AND SEWER LINE CONSTRUCTION,
MAINTENANCE AND LIABILITY AGREEMENT
The purpose of this Private Sewer Lift Station and Sewer Line Construction, Maintenance and
Liability Agreement (the "Agreement ") is to provide sewer service to various properties within
the City of Poway, California, in the Old Espola Road area and provide maintenance of, and
emergency spill response for, the common private sewer facilities. This Agreement is executed
by the parties herein, for their own benefit, for the benefit of successors in interest to the parties,
and as a condition of approval to a development project by, and for the benefit of, the City of
Poway, and it is intended that it will run with the land in perpetuity as a covenant upon the
properties described herein. The standard for improvement will be that set forth by the parties
herein. The construction described herein shall be accomplished prior to final approval of the
project herein by the City of Poway.
WHEREFORE, the undersigned agreed as follows:
1. PARTIES AND PROPERTY
The parties hereto are those property owners who have executed this Agreement and their
heirs, executors, administrators, assigns, and successors in interest, upon all of whom this
Agreement shall be binding (each, a "Party," collectively, the "Parties'). The City of Poway shall
not be deemed a Party, but shall be deemed a third party beneficiary. The real property held by
each Party is identified by tax parcel number adjacent to the signature of said Party. The legal
descriptions of the properties upon which the project is located are set forth in Exhibit "A"
attached hereto and incorporated herein.
2. SEWER
The location and description of the sewer system which is the subject of the Agreement is
attached hereto as Exhibit "B" and made a part hereof.
3. LIMITATIONS
The sewer system has been designed to accommodate an equivalent maximum of six (6)
single - family residences. Any additional connections or connections associated with any other
RECORDING REQUESTED BY:
CITY OF POWAY
1 I,C�
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
273- 820 -20 -00
D 0 C # 2014-0487319
1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
NOV 07, 2014 2:31 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES 34.00
PAGES: 7
(THIS SPACE FOR RECORDER'S USE)
PRIVATE SEWER LIFT STATION AND SEWER LINE CONSTRUCTION,
MAINTENANCE AND LIABILITY AGREEMENT
The purpose of this Private Sewer Lift Station and Sewer Line Construction, Maintenance and
Liability Agreement (the "Agreement ") is to provide sewer service to various properties within
the City of Poway, California, in the Old Espola Road area and provide maintenance of, and
emergency spill response for, the common private sewer facilities. This Agreement is executed
by the parties herein, for their own benefit, for the benefit of successors in interest to the parties,
and as a condition of approval to a development project by, and for the benefit of, the City of
Poway, and it is intended that it will run with the land in perpetuity as a covenant upon the
properties described herein. The standard for improvement will be that set forth by the parties
herein. The construction described herein shall be accomplished prior to final approval of the
project herein by the City of Poway.
WHEREFORE, the undersigned agreed as follows:
1. PARTIES AND PROPERTY
The parties hereto are those property owners who have executed this Agreement and their
heirs, executors, administrators, assigns, and successors in interest, upon all of whom this
Agreement shall be binding (each, a "Party," collectively, the "Parties'). The City of Poway shall
not be deemed a Party, but shall be deemed a third party beneficiary. The real property held by
each Party is identified by tax parcel number adjacent to the signature of said Party. The legal
descriptions of the properties upon which the project is located are set forth in Exhibit "A"
attached hereto and incorporated herein.
2. SEWER
The location and description of the sewer system which is the subject of the Agreement is
attached hereto as Exhibit "B" and made a part hereof.
3. LIMITATIONS
The sewer system has been designed to accommodate an equivalent maximum of six (6)
single - family residences. Any additional connections or connections associated with any other
Goldstein Residential Sewer Pump (Lift) Station
17055 Rock Road, Poway CA
use shall not be permitted without prior written approval of the City of Poway.
9
The cost of construction of the lift station, laterals, lines and appurtenances, capital
improvements and /or routine maintenance resulting from ordinary wear and tear shall be borne
by the Parties in accordance with the following formula:
A. All Parties shall share equally in all costs of construction and maintenance and repair
of the sewer system including pump station, appurtenances, and that portion of the
common sewer connection from station 0 +00 to the pump station as identified on
Exhibit "B ". Minimum maintenance procedures include pumping of wet wells twice a
year; inspecting submersible pumps and impellers quarterly to check for debris;
inspecting lift station check valve(s) twice a year; inspecting and cleaning floats four
times a year; and the weekly inspection of light and alarm systems. Natural chemical
treatment shall be used for odor control and corrosion prevention. Application of
chemical treatment shall be applied to the lift station wet well, through the force main,
and to the point of discharge into the City wastewater collection system at manhole
14- 021 -SM, located at intersection of Espola Road and Summerfield Lane. Hydrogen
Sulfide concentration at the point of discharge into the City wastewater collection
system shall be less than the OSHA Time Weighted Average (TWA) of 10 parts per
million of Hydrogen Sulfide. Maintenance records shall be kept for a minimum of 1
year and be provided to the City of Poway upon request.
B. The City may periodically test for Hydrogen Sulfide concentration at its manhole
designated as 14- 021 -SM. Hydrogen Sulfide readings above the TWA of 10 parts per
million measured from 14- 021 -SM shall constitute a nuisance and shall be
immediately corrected. Abatement of such a nuisance shall be in accordance with
Chapter 8.16 of the City's Municipal Code.
C. All Parties shall share equally in all costs associated with the providing of emergency
response and cleanup in the event of a sanitary sewer overflow, main line blockages,
or other spill. Additionally, each Party shall share equal responsibility for all fines,
penalties, or abatements levied by the San Diego Regional Water Quality Control
Board, or any other agency, and shall, both jointly and severally, indemnify, defend
(with counsel selected by City) and hold the City and its elected and appointed
officers, officials, employees, and consultants involved in compliance with Title 13 of
the City's Municipal Code (the "Indemnities "), harmless from and against claims,
judgments, damages, penalties, fines, costs, consultant's fees, and experts' fees,
arising out of the Parties' responsibilities under this Section 4.
D. All Parties shall share equally in all costs associated with installation, maintenance
and repair of an emergency alarm system. All Parties shall enter into a single
contract with a service provider for the emergency alarm system. The system shall
be operational and kept in proper working condition at all times.
E. All Parties shall share equally in the energy costs associated with the operation of the
Page 2 of 5
Goldstein Residential Sewer Pump (Lift) Station
17055 Rock Road, Poway CA
pump system.
F. Each Party shall individually bear the cost of construction and maintenance of the
remaining individual sewer lines serving their property exclusively.
5. CONNECTIONS TO SANITARY SEWER
The City shall be notified prior to an individual sewer line,
connecting to the sanitary sewer. The connecting Party shall
such connection and pay all fees to the City. Connection fee s
amount in effect at the time of permit issuance. The Party s
under this Agreement.
6. EXTRAORDINARY DAMAGE
exclusively serving a property,
obtain all necessary permits for
shall be paid to the City in the
hall also demonstrate coverage
It shall be the obligation of each Party hereto to make and pay for all repairs to the above
described sewer system when the same have been damaged by the extraordinary use of such
Party or his, her, or its agents or employees.
7. INITIATION AND MANAGEMENT OF REPAIRS
The system shall be inspected by a qualified professional as detailed in section 4.A. Any
repairs or upgrades identified shall be taken into consideration and approved by a majority of
the Parties. Evidence of any system failure, including but not limited to, pump failure and
leakage, shall be immediately investigated and repaired.
8. ADMINISTRATION OF COSTS
The Party initiating repairs of improvements shall be in charge of making the payments required
for the work of improvement. It shall be the obligation of all Parties, or their successors in
interest as owners of a property covered by this Agreement, to contribute for maintenance or
improvement. The Parties hereby acknowledge the obligations each of them have as provided
in California Civil Code section 845. The Parties hereby agree that the City, as a third party
beneficiary, shall have the right, but not the obligation, to enforce this Agreement against each
of the Parties as if it was an owner of an easement as described in Civil Code section 845.
After the actual expenditures of funds by any Party or group of Parties such parties shall be
entitled to assess all other Parties to this Agreement in accordance with the formula set forth
above. Said assessment notice shall clearly specify the expenditures, the purpose for same,
and the method of calculation. Upon receipt of any such notice of assessment, the Party, as
owner of the assessed property, shall have ten days in which to dispute the assessment. Failure
to resolve the dispute shall be remedied by arbitration as set forth hereunder. Omission by any
assessed Party to give notice in writing within the ten days of his dispute of the assessment
shall conclusively be deemed his consent to same. When any assessment shall have become
final, it shall be due within 20 days of that date. It shall be an obligation collectible by law
through legal process.
9. ARBITRATION
Any dispute among any of the Parties to this Agreement (but not the City) respecting the
Page 3 of 5
Goldstein Residential Sewer Pump (Lift) Station
17055 Rock Road, Poway CA
interpretation of the Agreement or the application of any of its terms or the action taken by any
Party in accordance therewith, shall be settled by arbitration pursuant to the Civil Code.
10. COVENANT RUNNING WITH LAND
This Agreement shall be deemed and is intended to run with the land and be a restriction upon
such property, shall be binding upon and inure to the benefit of the undersigned, his /her /their
heirs, personal representatives, successors and assigns, forever or until such time as the said
private sewer system shall be dedicated to and accepted for use as a public sewer system by
municipal government lawfully exercising jurisdiction over said private sewer system.
11. RECORDATION OF AGREEMENT
It is the purpose of the signatories hereto that this instrument shall be recorded at the San Diego
County Recorder's Office to the end and intent that the obligation hereby created shall be a
restriction upon and shall be secured by the said property and any subsequent transferee
thereof, by acceptance of delivery of a deed and /or conveyance of the said property shall be
deemed to have consented to and become entitled to enforce the terms of this Agreement to
enforce the restriction therein created, such remedy to be cumulative and in addition to all
remedies at law or in equity.
12. SUBSEQUENT USERS
In the event that a Party not originally contemplated by this Agreement gains access to said
private sewer system, that Party shall be required to subscribe to this Agreement. That Party
shall reimburse original Parties to this Agreement a proportionate amount of the original cost of
said private sewer project plus interest at 4% per annum from the date this document is
recorded to the date funds are received by those original Parties. The proportionate amount
shall be agreeable to a majority of the Parties involved. Should any property contemplated by
this Agreement split into multiple properties (two or more) the owners of each newly created
property shall become a Party and shall thereupon be obliged under this Agreement and incur
its portion of maintenance costs as set forth herein.
13. INDEMNIFICATION
Each Party shall indemnify and hold harmless the City of Poway, and its directors, officers,
employees, and volunteers from any and all claims, demands, losses, costs and causes of
action of any nature, and any expense incident to defense thereof (including attorney's fees), for
damages for death or bodily injury to persons, injury to property, or any other loss, damage or
expense arising out of the operation of the sewage lift station, pipes, and appurtenances or the
performance of this agreement, except for and arising from the sole negligence or willful
misconduct of the City of Poway or its directors, officers, employees, agents or volunteers.
Page 4 of 5
Goldstein Residential Sewer Pump (Lift) Station
17055 Rock Road, Poway CA
IN WITNESS HEREOF, the parties hereto have executed this Agreement on the dates set forth
hereinafter:
Assessor's Parcel No. 273 - 820 -15
OWNER(S)
(Notary
Chabad of Poway, a California Corporation
Assessor's ParrP1 Nn 97'A-Ago-gin
OWNER(S)
Date: I6 GZo t/
� I
(each owner shown on the Grant Deed must sign)
Date: 4
Date:
(Notary acknowledgement attached) (each owner shown on the Grant Deed must sign)
Solely in its capacity as a third party beneficiary to the foregoing Agreement the City of
Poway hereby accepts this Agreement as meeting the requirements of TPM 11 -01.
CITY OF POWAY:
R bert J. Maris
erector of Development Services
APPROVED AS TO FORM:
Office of the City Attorney
�Z10
Morga . F lei
City A orn
Date: d 3d
APPROVED AS TO CONTENT:
Engineering Division
even R. Crosby, P.E.
City Engineer
Wengserv1and Development Projects\2012 \&12 -002 Goldstein sewer \Goldstein \2014.10.28 Goldstein sewer agmt (m If rev) 3- 24- 14.docx
Page 5 of 5
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California (�
public, personally
ne on the basis of
A to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their
authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing is true and correct.
WITNESS my hand and official seal. Commission # 1949785 . 4
Notary Public - California z z
San Diego
County It
•
Signature eal) My Comm Empires Aug 26, 2015
— --- OPTIONAL------- - -_ - --
Though the information below is not required by law, it may prove valuable to personal 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:
v ,1r'o
Document Date: ` \mil � Number of Pages (1)14
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
011, whffloffl���
Or Individual n
(✓ Corporate /Officer — Title(s): Rind
0 Partner – 0 Limited 0 General
0 Attorney -in -Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of Califomia /`1
County of �Si�/y 21'E w //��//,/ /�/1�
On 3� ZD before me, 7`/�yL Lis
Oa[e r Here II NarmIaii W Me Olfimr
personally appeared
PHYLLIS SHINN
Commission s 1956215
i QMg Notary Public - California z San Diego County
Comm. Expires Nov 9, 2015 r
Place Notary seal Above
S
who proved to me on the basis of satisfactory evidence to
be the person whose narnII is/.* subscribed to the
within instrument and acknowledged to me that
he /s`jds/tftjfy executed the same in his/r*/ttlir authorized
capacity(W, and that by his/*/tty)SiL signature(O on the
instrument the person(, or the entity upon behalf of
which the person( acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a official seal. ' ->
Signature r^
SigrleWre of No ry Public
OPTIONAL
Though the intormation below is not required by law, it may prove valuable to persons retying 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: !F�/ ✓4171:: //
Document Date: &-TytiEn
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of
Signer's Name:
❑ Individual
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIG ITT HUGI ERR I NT
0- SIGNER
0"7NetionelN=ryASSOtla —93500e Soto A..,P.O.8.24 -Chetevorlh,CA 91 31 3 - 24 02 -w NetlonatNararyorg lWn X5907 Reorder:Ca[ToLFw1-800876 -6827