2005-859067
. DO~ 2005-0859067
RECORDING REQUESTED BY: ) 1111111111111111111111111111111111111111111111111111111111111111111111
) OCT 04.2005 3:41 PM
City Engineer )
) OFFICI.o.L FIECClFIDS
~J ) ',;,oN DIEGO COUIIT'i F:ECOF:DEF:", OFFICE
) GREGClR'/ ,I '3MITH__ CI]UNT'/ F:ECOFiDER
\\~-!1:J FEES 1701:1
WHEN RECORDED MAIL TO: ) P.6,CiES 4
.~ City Clerk r ) 1~IUI~UIIUIIUIUml
City of Encinitas ! ! ) )
505 South Vulcan Avenue ,I ~ )
Encinitas, CA 92024 ; ~ )
SPACE ABOVE FOR RECORDER'S USE
AMENDMENT NO.1 TO
PRIVATE STORM WATER TREATMENT
MAlNTENANCE AGREEMENT
./ ./ !/:
A.P.N.: 216-052-72-00. 216-052-73-00. 216-052-74-00 Project No.: 02-0I3
W.O. No. 7732-G
This Amendment No. I to Private Storm Water Treatment and Maintenance Agreement (the
"Amendment") amends and modifies that certain Private Storm Water Treatment Maintenance
Agreement (the "Agreement") recorded on June 12,2003 in the San Diego County Recorder's Office
with Document No. 2003-0695449.
The undersigned Developers are the successors in interest to the original Developer as contained
in the Agreement, 10llnvestors LLC, a California limited liability company. Since the date of recording
of the Agreement, the real property has been subdivided into three parcels as set forth in Exhibit "A" to
this Amendment and new assessor parcel numbers, as shown above, have been established to take the
place of the former A.P.N. 216-052-03.
The following amendments and modifications are made to the Agreement:
I. Exhibit "A" to the Agreement is deleted in its entirety and replaced with the Exhibit "A"
attached to this Amendment.
2. The Agreement is modified and amended in all aspects necessary such that the owner of
Parcell, as shown in Exhibit "A" to this Amendment, shall be solely responsible for the repair and
maintenance of the storm water treatment facilities, and shall bear all costs related thereto. The owners
of Parcels 2 and 3 shall not have any maintenance or repair obligations for the storm water facilities
unless the owner of Parcel I fails to maintain the storm water treatment facilities, and owners of Parcels
2 and 3 shall be entitled to enforce the Parcell owner's obligations contained in the Agreement as
amended by this Amendment.
3. If the owner of Parcel 1 fails to maintain the storm water treatment facilities or alters the
storm water treatment facilities without a permit from the City of Encinitas, the owners of Parcels 2 and
Parcel 3 shall send a written notice to the Parcell owner and demand adequate maintenance and/or
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restoration of the facility to its original working condition. If the owner of Parcell does not adequately
maintain or restore the facility with 30 days of the written notice, the owners of Parcels 2 and 3 shall be
obligated to take legal action to compel the owner of Parcell to maintain and restore the facility.
4. In the event that the City of Encinitas deems that the owner of Parcell has failed to
adequately repair and/or maintain the storm water treatment facilities, the City shall have the right to
require the owners of Parcels 2 and 3 to construct reasonable storm water treatment facilities on their
respective parcels to detain and treat storm water originating from their respective parcels. The City shall
only exercise this right after giving the owners of Parcels 2 and 3 a 60-day written notice to compel,
through legal means, the owner of Parcel I to perform its obligations under the Agreement. Nothing in
this Amendment limits the City's right to compel the owner of Parcel I to comply with the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment.
"Developers"
Date: JVv-f -"W , 2005
Cabanas On The Coast #1, LLC
a California limited liability company
o er of Parcel I)
~
er, Managing Member
Date: iJii "''1 10 , 2005
Cabanas On The Coast, LLC
a California limited liability company
r ofP cel2)
,..--!..:,
er, Managing Member
Date(Ju \.."f 1.,(; , 2005
Cabanas On The Coast #3, LLC
a California limited liability company
o er of Parcel 3)
~
er, Managing Member
(Notarization Required)
"City of Encinitas"
Date: ~/ 2- if ' 2005
)
Name: '"'??
(Notarization not Required)
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.
EXHIBIT "A"
PARCEL 1, 2 AND 3 IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 19425, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY
18, 2004 AS INSTRUMENT NO. 2004-0124792 OF OFFICIAL RECORDS.
RESERVING THEREFROM THE FOLLOWING:
A 5 FOOT WIDE PRIVATE UTILITY EASEMENT AND PROPOSED 20 FOOT
PRIVATE ROAD WAY AS SHOWN ON SAID MAP.
TOGETHER WITH ANY EASEMENTS OR PROPOSED EASEMENTS AS SHOWN ON
SAID PARCEL MAP 19425.
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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Prod. No. 5901
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