HomeMy WebLinkAbout2004 CON Private Storm Water Agreement - APN 557-420-22Recording 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 )
THE ORIGINAL OF THIS DOCUMENT
WAS RECORDED ON JAN 12, 2004
Df. UMENT NUMBER 2004-0 22011-
GREGORY J. 'SMITH, COUNTY RECORDER
SAN DIEGO COUNTY RECORDER'S OFFICE
TIME: 2:32 PM
SPACE ABOVE FOR R.ECORDER'S USE ONLY
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 557-420-22
Project No.: DWG No.
W.O.No.: 8807-8822
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(s) A attached hereto and made a part hereof
(hereinafter referred to as the "property"), is entered into byolson — National City 28, LLC
(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 betn separately described in Drawing Numbers 8807-8822 , 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
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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 TIIEREFORE, IT IS IIEREBY 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 he 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 he 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
6911/
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 SWTF.
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.
1 I. 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.
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This
IN ITNESS WHEREOF, the parties have executed this A reement
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Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
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EXHIBIT 'A'
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PLAZA BOULEVARD
PROJE TDIBIGN CaBULTAMS
PLANNING • ENVIRONMEKIAL • ENGINEE1t1NG • SURVEY/(PS
701 B Street, Suite 800, San Diego, CA 92101
619-235-6471 FAX 619-234-0349
LEGEND
INTERSTATE
INDICATES LOCATION OF 3.90' X 2.90'
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT AREA
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California
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On ( y V Date
personally appeared
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Name and Title o Officer (e.g., Jane D14, Notary Public
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Name(s) of Signer(s)
ROSIN FRLEY
Commission #t 1406740
Notary Public - Colonic
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AV Co San Otago
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before me,
rsonally known to me
,_ 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.
WIT SS my hanland official seal.
OPTIONAL
Though the information below is not required by law, 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:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
LJ Individual
Corporate Officer — Title(s):
L Partner — 71 Limited L General
T. Attorney -in -Fact
I:: Trustee
I : Guardian or Conservator
1.. Other:
Signer Is Representing:
(0 999 National Notary Assocation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313.2402 • www.nationalnotary org
Prod. No. 5907
RIGHT THUMBPRINT
OF SIGNER
Ton of thumb here
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