HomeMy WebLinkAboutTALAS, LLC. - PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs) - 2025 CHICAGO TITLE COMPANY DOC# 2025-0294195
CC1,141M,ERCIAL DIVISION
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Recording Requested By: ) Oct 21, 2025 11:40 AM
OFFICIAL RECORDS
City Engineer ) JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
When Recorded Mail to: )
PAGES: 10
City Clerk )
City of National City )
1243 National City Blvd. )
National City, CA 91950 SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Assessor's Parcel No.: 557-140-25-00 Project No.: EG23-00186
W.O.No.:
THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water
Best Management Practices (Private Permanent Storm Water BMPs) (hereinafter referred to as
the `BMPs"), is made by and between the City Of National City, a municipality and
TALAS, LLC. (hereinafter referred to as the "Owner").
WHEREAS, this Agreement is required as a condition of approval by the City of
National City Municipal Code Chapter 14.22 and the City of National City BMP Manual; and
WHEREAS, "Owner" who is the owner of certain real property (the "Property")
described on the site map, Exhibit "A", attached hereto, will use and enjoy the benefit of said
BMPs incidental to its development; and
WHEREAS, establishment of the BMPs is a condition of developing the property; and
WHEREAS, there exists a benefit to the public when the BMPs are adequately
maintained on a regular and periodic basis; and
WHEREAS, it is the desire of the Owner that said BMPs shall be maintained in a safe
and usable condition by the Owner; and
WHEREAS, it is the desire of the Owner to conduct the periodic maintenance and repair
of said BMPs and owner is responsible for the expense of such maintenance and repair; and
This instrument filed for record by Chicago Title Company
as an accommodation only.It has not been examined as
to its execution or as to its effect upon the title
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CHICAGO TITLE COMPANY
,ERR CIA'" CIVi�ICN
Recording Requested By: )
City Engineer )
When Recorded Mail to: )
City Clerk )
City of National City )
1243 National City Blvd. )
National City, CA 91950 ) SPACE ABOVE FOR RECORDER'S USE ONLY
PRIVATE STORM WATER BEST MANANGEMENT PRACTICES (BMPs)
MAINTENANCE AGREEMENT
Assessor's Parcel No.: 557-140-25-00 Project No.: EG23-00186
W.O. No.:
THIS AGREEMENT for the periodic maintenance and repair of Private Permanent Storm Water
Best Management Practices (Private Permanent Storm Water BMPs) (hereinafter referred to as
the `BMPs"), is made by and between the City Of National City, a municipality and
TALAS, LLC. (hereinafter referred to as the "Owner").
WHEREAS, this Agreement is required as a condition of approval by the City of
National City Municipal Code Chapter 14.22 and the City of National City BMP Manual; and
WHEREAS, "Owner" who is the owner of certain real property (the "Property")
described on the site map, Exhibit "A", attached hereto, will use and enjoy the benefit of said
BMPs incidental to its development; and
WHEREAS, establishment of the BMPs is a condition of developing the property; and
WHEREAS, there exists a benefit to the public when the BMPs are adequately
maintained on a regular and periodic basis; and
WHEREAS, it is the desire of the Owner that said BMPs shall be maintained in a safe
and usable condition by the Owner; and
WHEREAS, it is the desire of the Owner to conduct the periodic maintenance and repair
of said BMPs and owner is responsible for the expense of such maintenance and repair; and
This instrument filed for record by Chicago Title Company
as an accommodation only.It has not been examined as
to its execution or as to its effect upon the title
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WHEREAS, BMPs have been separately described in the Operation and Maintenance
(O&M) Plan, Exhibit `B", attached hereto and made a part hereof(hereinafter referred to as the
"Plan"), consistent with Drawing Number(s) 11609-D , copies of which are on file in
the office of the City Engineer; and
WHEREAS, it is the intention of the Owner that this Agreement shall constitute a
covenant running with the land, and shall be binding upon each successive owner of all or any
portion of the property.
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The Owner will submit to the City an annual maintenance report verifying the
maintenance and efficient operation of said BMPs.
2. The Owner will maintain operation and maintenance records for at least five (5)
years. These records shall be made available to the City for inspection upon request at any time.
3. The Property is benefited by this Agreement, and present and successive owners
of all or any portion of the property are now and shall be hereafter expressly bound by the
maintenance agreement for the benefit of the land.
4. The cost of maintaining the installed BMPs shall be paid by the owner or the heirs,
assigns and successors in interest of each such owner,proportional to their respective interest.
5. In the event any of the herein described parcels of land on the property are further
subdivided, the owners, heirs, assigns and successors in interest of each newly created parcel
shall be liable under this Agreement for their then pro rata share of expenses and such pro rata
shares of expenses shall be computed to reflect their proportionate interest in such newly created
parcels.
6. The maintenance to be performed upon the BMPs under this Agreement on the
property shall be as set forth in the Plan, Exhibit`B". The Owner shall conduct any repair that is
necessary to adequately maintain said BMPS in a functional condition in accordance with their
intended purpose. Repairs under this Agreement shall include, but is not limited to, repairing
access roadbeds, repairing and maintaining drainage structures, removing debris, and other work
reasonably necessary and proper to repair and preserve the BMPs for their intended purposes.
7. If there is a covenant, agreement, or other obligation imposed as a condition of the
development on the property, the obligation to repair and maintain the BMPs, as herein set forth
shall commence when the improvements have been completed and approved by the City.
8. Any extraordinary repair required to correct damage to said BMPs that results
from action taken or contracted for by the owners or their successors in interest shall be paid for
by the party taking action or party contracting for work which caused the necessity for the
extraordinary repair. The repair shall restore the BMPs to the condition and proper storm water
functioning existing prior to said damage.
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