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2003-1503637 . DOC #~OO3-1503637 ,'\', DEC 23. 2003 3:40 Pt-1 Recording Requested By ) OFFICIAL RECORDS rz.: ) SAN DIEGO COUNTY RECORDER'S OFFICE City Engineer ) GREGORY J. SMITH, COUNTY RECORDER Zr ) FEES: 29.00 I~ When Recorded Mail to: ) City Clerk ) City of Encinitas ) 505 South Vulcan Aven ) Encinitas CA 92024 SPACE ABOVE FOR RECORDER'S USE ONLY ;Z rfV1 ' I ~}. "7 -0"( PRIVATE STORM WATER TREATMENT j~ MAINTENANCE AGREEMENT Assessor's Parcel No, 2 0-384-43 Project No,: 02-204CDP W.O,No, 7938-G THIS AGREEMENT £ the periodic maintenance and repair of that certain private storm water treatment facilities, the egal description and/or plat of which is set forth in Exhibits attached hereto and made a part reof, is entered into by Timothv A. Nagv and Sharon D. Nagy, Husband and Wife as 10 nt Tenants (Hereinafter referred to s "Developer") for the benefit of future owners who will use the private storm water treatment acilities (hereinafter referred to as " owners", which shall include the Developer to the extent he Developer retains any ownership interest in any land covered by this agreement. WHEREAS, this greement is required as a condition of approval by the City of Encinitas, and WHEREAS, Dev loper is the owner of certain real property and developed as Exhibit "A" that will use and enjoy e benefit of said storm water treatment facilities(s), A complete legal description and/or plat f said real property is attached, labelled Exhibit "B",_and incorporated by reference, Said real roperty is hereinafter referred to as the "property"; and WHEREAS, it is he desire of the Developer that said private storm water treatment system be maintained in a safe d usable condition by the owners; and . . WHEREAS, it is the desire of the Developer to establish a method for the periodic maintenance and repair f said private stOTI11 water treatment facilities and for the apportionment of the expense of such aintenance and repair among existing and future owners; and WHEREAS, ther exists a benefit to the public the private stOTI11 water facilities be adequately maintained 0 a regular and periodic basis; and WHEREAS, it is e intention of the Developer that this Agreement constitute a covenant running with the land, b nding upon each successive owner of all or any portion of the property. NOW THEREFORE, I IS HEREBY AGREED AS FOLLOWS: I. The prop rty is benefited by this Agreement, and present and successive owners of all or any portion oft e property are expressly bound hereby for the benefit of the land, 2, The cost and expense of maintaining the private stOTI11 water treatment facilities shall be paid by the 0 r of the heirs, assigns and successors in interest or each such owner. 3, In the ev nt any of the herein described parcels ofland are subdivided further, the owners, heirs, assigns d successors in interest of each such newly created parcel shall be liable under this Agreement or their then pro rata share of expenses and such pro rata shares of expenses shall be comp ted to reflect such newly created parcels. 4. The rep. rs and maintenance to be perfoTI11ed under this Agreement shall be limited to the followin : reasonable and improvements and maintenance work to adequately maintain said private st TI11 water treatment facilities to peTI11it access to said facilities, Repairs and maintenance unde 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 d proper to repair and preserve the private stOTI11 water treatment facilities for their inten ed purposes. Adequate maintenance of said drainage facilities shall be conducted at a minim of every six months. 5. Ifthere i a covenant, agreement, or other obligation imposed as a condition of the development, the oblig tion to repair and maintain the private stOTI11 water treatment facilities as 2 . . herein set forth shall co mence when improvements have been completed and approved by the City, 6, Anyextr ordinary repair required to correct damage to said storm water treatment facilities that results frc m 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 extrao dinary repair. The repair shall be such as to restore the storm water treatment facilities to th condition existing prior to said damage. 7. Any liab' lity of the owners for personal injury to an agent hereunder, or to any worker employed to m ke repairs or provide maintenance under this Agreement, or to third persons, as well as any iability of the owners for damage to the property of agent, or any such worker, or of any third ¡: ersons, as a result of or arising out of repairs and maintenance under this Agreement, shall be bor. e, by the owners as they bear the costs and expenses of such repairs and maintenance, Owners s all be responsible for and maintain their own insurance, if any. By this Agreement, the Develo er does not intend to provide for the sharing of liability with respect to personal injury or prop rty damage other than that attributable to the repairs and maintenance undertaken under this A 7eement, 8. Owners hall jointly and severally defend and indemnify and hold hannless City, City's engineer and it consultants and each of its officials, directors, officers, agents and employees from and ag 'nst all liability, claims, damages, losses, expenses, personal injury and other costs, including cc sts of defense and attorney's fees, to the agent hereunder or to any owner, any contractor, any subc ontractor, any user of the storm water treatment facilities, or to any other third persons arising ou of or in any way related to the use of, repair or maintenance of, or the failure to repair or main ain the private storm water treatment facilities, 9, Nothing n the Agreement, the specifications or other contract documents or City's approval of the plans an specifications or inspection of the work is intended to include a review, inspection acknowledge ment of a responsibility for any such matter, and City, City's engineer and its consultants, and each of its officials, directors, officers, employees and agents, shall have no responsibility or liab lity therefore, 1O, The foregoir g covenants shall run with the land and shall be deemed to be for the benefit of th land of the owners and each and every person who shall at anytime own all or any po ion of the property referred to herein. i :f. ... 3 . . II. It is unde stood and agreed that the covenants herein contained shall be binding on the heirs, executors, ad inistrators, successors, and assignees of each of the owners. 12, It is the urpose of the signatories hereto that this instrument be recorded to the end and intent that the ligation hereby created shall be and constitute a covenant running with the land and any subseq ent purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyan e regardless of form, shall be deemed to have consented to and become bound by these presents including without limitation, the right of any person entitled to enforce the terms of this Agre ent to institute legal action as provided in Paragraph 8 hereof, such remedy to be cumulativ and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity, 13, The te of this Agreement may be amended in writing upon majority approval of the owners and conse t of the City, 14. This Ag ement shall be governed by the laws of the State of California, In the event that any of the pr visions of this Agreement are held to be unenforceable or invalid by any court of competent juri iction, the validity, and enforceability of the remaining provisions shall not be affected thereby, 15, If the P operty constitutes a "Common Interest Development" as defined in California Civil Code ection 1351(c) which will include membership in or ownership of an "Association" as define in California Civil Code Section 1351(a), anything in this Agreement to the contrary notwithst ding, the following provisions shall apply at and during such time as (i) the Property is encum ered by a "Declaration" (as defined in California Civil Code Section 1351(h), and (ii) the C mon Area of the property (including the private storm water treatment facilities) is managed d controlled by an Association: (a) The Ass ciation, through its Board of Directors, shall repair and maintain the private storm water tr atment facilities and shall be deemed the "agent" as referred to in Paragraph 7 above. T Association, which shall not be replaced except by amendment to the Declaration, shall rece ve no compensation for performing such duties, The costs of such maintenance and repair shall be assessed against each owner and his subdivision interest in the Property pursuant to th Declaration, The assessments shall be deposited in the Association's corporate account. (b) The pro isions in the Declaration which provide for assessment liens in favor of the Association and en orcement thereof shall supersede Paragraph 8 of the Agreement in its entirety, No individu I owners shall have the right to alter, maintain or repair any of the 4 ..' . . Common Area (as defir ed in California Civil Code Section 135l(b) in the Property except as may be allowed by the [ eclaration, (c) This Agr ement shall not be interpreted in any manner, which reduces or limits the Assoc iation's rights and duties following its Bylaws and Declaration, IN WITNESS W HEREOF;~rties have executed this Agreement This 31 ayof - a~ ,2003. Developer: Æl(lz-(+¡~ .0, -ILkifjj' Sharon D, Nagy 0 L~~ ff ~" 'Timoth{ A. Nagy .~ Signature of DEVELOP R must be notarized, Attach the appropriate acknowledgement. ( ~I , 5 . . CALIFORNIA ALL.P RPOSE ACKNOWLEDGMENT r,ç!:,ç!:,ç!:,ç{> ,Ç<',ç<?,ç!:,Ç<'.ç;<, " ,"X,ç!: ,ç!: "Co{',ç!: ,ç<' -<:;<,.ç<:,ç!: "C;<',Ç<' .e<:',ç!:,ç!:,ç!:,Ç<',ç!:,ç!: ,ç<~ .e<:',ç!:,ç!:,ç!:,ç!:,ç!: ,ç". "'-(' ,ç" "" ~ , , (I ~ R B State of California ,} g ~ ss. g ~ County of ,<! Ì' i",- 0 R g g ~ On -----2.t- 3,:-. / wIn ì~ v'J] ¿: '-- ~ ~ ~ ~ I personally known to me g ~ 12'lproved to me on the basis of satisfactory ~ ~ evidence g ~ to be the person(s) whose name(s) is/are g ~ subscribed to the within instrument and g g acknowledged to me that.l>elsAe/they executed g g the same in ~their authorized g g capacity(ies), and that by his/her It heir g ~ signature(s) on the instrument the person(s), or g g the entity upon behalf of which the person(s) g g acted, executed the instrument. g ~ w~.:',my hand and official;eal. ~ g / ' -/¿~,/, ~ g ~ gco,"" ,""," p"", g ~ ~ g OPTIONAL g g Though the Information b low Is not ,"qulred by law, It may Wove valuable to peesons ,"lying on the document and could prevent 1) ~ fraudulent removal and ,"a"aehment of this form 10 another document g ~ Description of A tached Document ~ ~ ;rlv~d'~ S-A"...~ W.,.l., Tvc,_f."",-+ ,v1,.,...~ j'~,.\ 3 , ¡ , ~ Document Date: Number of Pages: '7 ~ g ,~ ~ Signer(s) Other Tha g ¿. g ~ Capacity(ies) CI ~ , -', ~ Signer's Name: g ,.. g f [J Individual TOP:' Ihomb h", ~ g I I Corporate Officer Title(s): , g g I Partner-[JUmied ~IGeneral ()"ì 'Q, g c' Attorney,in,Fact FI g g J Trustee "- g gel Guardian or Con ervator g ~ ,] Other: 'Q, ~ i>i g Signer Is Representi g: g , ~ ~ 'éX-'<O"/'-Z'éX-V~'éX-'éX-'éX- -<Y;-<Y; '<"Ý 'éX-<'-Z-<C-i; -<Y; 'éX-'éX- 'éX-<'" -<Y; -<Y;-<Y;vY-Z VXÆ~ v~ '<^ '- ,x'<^<ó:,o:B Pwd,No,"", e."d"e,"T,"',", ,""","n"",, " . . ",: ATTACHMENT "A" TO C :WENANT REGARDING REAL PROPERTY PROJECT NO. 02-204 CDP LEGAL DESCRIPTION OF REAL PROPERTY Lots 43, 44, and 45 in Block 38 of Cardiff 'A' Tract, in the County of San Diego, State of California , According to Map thereof no, 1334, recorded May 12, 1911 in the Office of the ounty Recorder of said county, 6 . ATTACHMENT 'B' . TO COIÆNANT REGARD/NG REAL PROPERTY PROJECT NO. 02-204 CDP ~ PLAT Q STORM WATER POLLUnON CONTROL FAC/LlnES ~~ SCALE: 1" = 20' LEGEND SYMBOL FLOW UNE - ~SI~~~A Iî.~ ..~~ NOTE: STORJJ WA T£R CLEANSING AREA NOT TO BE MOO/RED UNLESS A PERMIT FR()/'/ THE CITY OF ENClNlTAS IS OBTAINED. 1:::) l.(") 1 "'1' t:c) <:'f) 1 1:::) ZC) <:'\.1 j.5'WIDE'C:¡RASS 5'îRIP Síðl'.M W/'o'TE'R C1..£ANSIN& AREA, ._~~, ~ ~ --~:J ) I ,/ '-..,.. , - , --- ;..#-- -i-- - / \ JOB NO, 03-047 11/3/03 !XJH ~ I tN?OHN r:N6tNt:r:KIN6. ING. COHSI.lIINGfJIQNf£RS 2187 NOCAS1ZE AI£NUf "-"If IOJ CJoRfJ/f1' BY 1H[ .\fA, CA 9m7 1fL lfKI/4.JIHWJ FAX 760/<J(j.86OJ !