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Home My WebLink About2003 CON F Agpaoa - Maintenance Water Facilities19927 DOC # 2003-0325276 Recording Requested By: ) ) Director of Public Works/Engineering) ) When Recorded Mail to: ) City Clerk ) City of National City ) 1243 National City Blvd. ) National City, CA 91932 ) MAR 24 , 2003 4:20 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, DUSTY RECORDER FEES: 40.00 IIl0IIIIIIIIIII (IIII III:IIIIIIilhllll 1IIIIIII'I0IIIIIIICI IIIII 2DG3O325276' SPACE ABOVE FOR RECORDER'S USE ONLY PRIVATE STORM WATER TREATMENT MAINTENANCE AGREEMENT Assessor's Parcel No. 560-131-38 Project No.: W.O.No.: THIS AGREEMENT for the periodic maintenance and repair of that certain private storm water treatment facility (hereinafter referred to as the "SWTF"), is, the legal description and/or plat of which is set forth in Exhibit A attached hereto and made a part hereof (hereinafter referred to as the "property"), is entered into by FLORINO P. & CORAZON R AC,PAOA (hereinafter referred to as "Developer") for the benefit of future owners who will use the private SWTF, which shall also include the Developer to the extent the Developer retains any ownership interest in any land covered by this agreement, (hereinafter referred to as "owners"). WHEREAS, this Agreement is required as a condition of approval by the City of National City of a subdivision project as defined in Section 21065 of the Public Resources code and pursuant to City of National City Municipal Code Chapter 14.22 and Ordinance No. 2002-2213 for Standard Urban Storm Water Mitigation Plan (SUSMP); and WHEREAS, Developer is the owner of certain real property described in Exhibit "A" that will use and enjoy the benefit of said private SWTF incidental to its development. The private SWTF have been separately described in Drawing Numbers 8665-D to 8668-D, copies of which are on file in the office of the City Engineer. Installation of the private SWTF is a condition of developing the property; and WHEREAS, it is the desire of the Developer that said private SWTF shall be maintained in a safe and usable condition by the owners; and 19928 WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair of said private SWTF and for the apportionment of the expense of such maintenance and repair among existing and future owners; and WHEREAS, it is the City's requirement for the Developer to submit to the City an annual maintenance report; and WHEREAS, there exists a benefit to the public when the private storm water facilities are adequately maintained on a regular and periodic basis; and WHEREAS, it is the intention of the Developer 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 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. 2. The cost of maintaining the installed private SWTF shall be paid by the owner or the heirs, assigns and successors in interest of each such owner, proportional to their respective interest. 3. 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. 4. The repairs and maintenance to be performed upon the private SWTF under this Agreement on the property shall be adequate to maintain said private SWTF in a functional condition in accordance with their intended purpose. Repairs and maintenance under this Agreement shall include, but is not limited to, repairing access roadbeds, repairing and maintaining drainage structures, removing debris, if any, and other work reasonably necessary and proper to repair and preserve the private SWTF for their intended purposes. 5. 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 private SWTF as herein 2 19929 set forth shall commence when the improvements have been completed and approved by the City. 6. Any extraordinary repair required to correct damage to said SWTF 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 private SWTF to the condition and proper storm water functioning existing prior to said damage 7. Any liability of the owners for personal injury as a result of or arising out of repairs and maintenance under this Agreement shall be borne by the owners in proportion to their respective interest in the property. Owners shall be responsible for maintaining their own insurance. This Agreement is not intended to provide for any sharing or assumption of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. 8. Owners shall jointly and severally defend, indemnify and hold harmless the City and each of its 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 arising out of or in any way related to the use of, repair or maintenance of, or the failure to repair or maintain the private STWF. 9. Nothing in this Agreement, the specifications or other contract documents or the City's review and approval of the plans and specifications or inspection of the work or maintenance related to the private SWTF is intended to constitute an acknowledgement of a responsibility or liability for any such matter, and the City and each of its officials, directors, officers, employees and agents, shall have no responsibility or liability in connection with their reviews or approvals. 10. This instrument shall be recorded and the obligation hereby created shall constitute a covenant running with the land, and each subsequent purchaser of all or any portion thereof, 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, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. 3 19930 11. The terms of this Agreement may be amended in writing upon majority approval of the owners of the land described in Exhibit A and with the consent of the City, which consent shall not be unreasonably withheld. 12. 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. 13. If the Property constitutes a "Common Interest Development" as defined in California Civil Code Section 1351(c) which will include membership in or ownership of an "Association" as defined in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithstanding, the following provisions shall apply during such time as (i) the Property is encumbered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the Common Area of the property (including the private SWTF) is managed and controlled by an Association: (a) The Association, through its Board of Directors, shall repair and maintain the private storm water treatment. The Association, on behalf of the owners, shall not be relieved of this duty except by amendment to the Declaration, and shall receive no compensation for performing such duties. The costs of maintenance and repair shall be assessed against each owner proportional to his/her subdivision interest in the Property pursuant to the Declaration. The assessments shall be deposited in the Association's corporate account. (b) The provisions in the Declaration which provide for assessment liens in favor of the Association and enforcement thereof shall supersede Paragraph 8 of the Agreement in its entirety, and the Association shall assume the duty to defend, indemnify and hold harmless the City described in paragraph 8. No individual owners shall have the right or duty to alter, maintain or repair any of the Common Area (as defined in California Civil Code Section 1351(b) in the Property except as may be allowed by the Declaration. (c) This Agreement shall not be interpreted in any manner, to reduce or limit the Association's rights and duties pursuant to its Bylaws and Declaration. 4 19931 IN WITNESS WHEREOF, the parties have executed this Agreement This 24th day of MARCH , 20003 . Developer: (Print name:) FLORIN• P P. AGPAOA Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement. 5 19932 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF THE EAST HALF OF 10 ACRE LOT 10 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, MAY 11, 1869, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST HALF OF 10 ACRE LOT 10 IN QUARTER SECTION 154, THENCE NORTH 71°06'44" EAST ALONG THE NORTH LINE OF SAID 10 ACRE LOT 10 A DISTANCE OF 331.12 FEET TO THE NORTHWEST CORNER OF THE EAST QUARTER OF SAID 10 ACRE LOT 10; THENCE SOUTH 18°44'19" EAST ALONG THE WEST LINE OF THE EAST QUARTER OF SAID 10 ACRE LOT 10 A DISTANCE OF 110.23 FEET TO THE NORTH LINE OF THE SOUTH ONE-THIRD OF THE NORTH HALF OF THE EAST HALF OF SAID 10 ACRE LOT 10; THENCE NORTH 71°06'57" EAST ALONG SAID NORTH LINE 146.21 FEET TO A POINT WHICH IS SOUTH 71°06'57" WEST, 185.00 FEET FROM THE EAST LINE OF SAID 10 ACRE LOT 10 FOR THE TRUE - POINT -OF -BEGINNING; THENCE NORTH 71°06'57" EAST 185.00 FEET TO THE EAST LINE OF SAID 10 ACRE LOT 10; THENCE SOUTH 18°46'00" EAST ALONG THE EAST LINE OF SAID 10 ACRE LOT 10 A DISTANCE OF 110.24 FEET TO THE SOUTH LINE OF THE NORTH ONE-THIRD OF THE SOUTH HALF OF THE EAST QUARTER OF SAID 10 ACRE LOT 10; THENCE SOUTH 71°07'14" WEST ALONG SAID SOUTH LINE 185.00 FEET; THENCE NORTH 18°46'00" WEST, 110.23 FEET TO THE TRUE -POINT -OF -BEGINNING. S:\NC108x\Legals\Exhibit A.doc i9933 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA �1 COUNTY OF S AN 1' 3 i EQ o On 'au. (X4aA.tU 1.003 personally appeared before me, LEotffi o A. 'TA No A(eNI PuaLIC, t -Potties aipetoq Q1.1CY Co4g3011 CO, a Qoc( personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed 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. WITNESS my hand and official seal. LEONARDO A. PIMA Commission # 1374030 1 Notary Public - California San Diego County My Comm. EiresSep to 2006 /This area for official notarial seal) Brea Rec.F«m 111111