2007-304736
12720
DOC # 2007-0304736
r 11111111111111111111111111 1111111111111111111111111111111111111111111
~
Recording Requested By: )
~ )
City Engineer )
)
When Recorded Mail to: )
r;eJffv City Clerk )
City of Encinitas )
505 South Vulcan Avenue )
Encinitas. CA 92024 )
MAY 03, 2007
3:36 PM
OFFICIAL RECORDS
':;Il,N DIEGO COUNT'!' RECORDER'S OFFICE
GRE:.30R\ J :3MITH. COUNTY RECORDER
FEE:; 33.00
P.t.r;ES 9
111111I 0111111111111111I1111111111111/ 111I1111111
SPACE ABCh-~~~~_.._ 7~1.,Gc1..
PRIVATE STORM WATER DETENTION FACILITIES
MAINTENANCE AGREEMENT
\,. t\ ~~ 1.
S~
Assessor's Parcel No. 261-150-45 I
Project No.: 0386-0
W.O.No.: 05-148 CDP
TillS AOREEMENT for the periodic maintenance and repair of that certain private storm water
treatment facilities, the legal description and/or plat of which is set forth in Exhibits attached
hereto and made a part hereof, is entered into by Belmont Village Cardiff. L.P.. a Delaware
Limited Partnership
(hereinafter referred to as "Developer") for the benefit of future owners who will use the private
storm water treatment facilities (hereinafter referred to as "Owner(s)", which shall include the
Developer to the extent the Developer retains any ownership interest in any land covered by this
agreement.
WHEREAS, this Agreement is required as a condition of approval by the City of Encinitas
(herein referred to as "City") of a development project and pursuant to City of Encinitas
Municipal Code Section 24.16.060 and Section 24.29.040; and
WHEREAS, Developer is the owner of certain real property as described in Exhibit "A"
that will use and enjoy the benefit of said storm water treatment facilities(s), said real property
hereinafter referred to as the "property"; and
WHEREAS, Property use and enjoy the benefit of certain facilities for storm water
detention and treatment, said facilities described in Exhibit "B" attached hereto and made a part
hereof; and
WHEREAS, it is the desire of the Developer that said private storm water detention and
treatment system be maintained in a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer to establish a method for the periodic
maintenance. and repair of said private storm water detention and treatment facilities and for the
12721
apportionment of the expense of such maintenance and repair among existing and future owners;
and
WHEREAS, there exists a benefit to the public the private storm water detention and
treatment facilities be adequately maintained on a regular and periodic basis in compliance with
the City of Encinitas Municipal Code and other related City policies and requirements; and
WHEREAS, it is the intention of the Developer that this Agreement constitute a covenant
running with the land, binding upon each successive owner of all or any portion of the property.
NOW THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION
AS FOLLOWS:
1. The property is benefited by this Agreement, and present and successive owners of all or
any portion of the property are expressly bound hereby for the benefit of the land.
2. The private storm water facilities shall be constructed by the Owner, its successors and
assigns, in accordance with the plans and specifications identified in the Plan.
3. The cost and expense of maintaining the private storm water detention and treatment
facilities shall be paid by the owner of the heirs, assigns and successors in interest or each
such owner.
4. In the event any of the herein described parcels of land are subdivided further, the
owners, heirs, assigns and successors in interest of each such 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 such newly created parcels.
5. The repairs and maintenance to be performed under this Agreement shall be limited to the
following: reasonable improvements and maintenance work to adequately maintain said
private storm water detention and treatment facilities in proper working order as
determined by manufacturer's requirements and applicable City policies and requirements
and to permit access to said facilities. Repairs and maintenance under this Agreement
shall include, but are 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 private storm water detention and treatment facilities for their
intended purposes. The private storm water facilities shall be maintained regularly as
necessary to keep the facilities in proper working order, with a minimum maintenance
frequency of once annually and in accordance with the manufacturer's requirements,
included as "Exhibit Ct>.
6. If there is a covenant, agreement, or other obligation for the construction of
improvements imposed as a condition of the development, the obligation to repair and
maintain the private storm water detention and treatment facilities as herein set forth shall
commence when improvements have been completed and approved by the City.
2
12722
7. Any extraordinary repair :required to correct damage to said storm water detention and
treatment facilities 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 be such as
to restore the storm water treatment facilities to the condition existing prior to said
damage.
8. Any liability of the owners for personal injury to an agent hereunder, or to any worker
employed to make repairs or provide maintenance under this Agreement, or to third
persons, as well as any liability of the owners for damage to the property of agent, or any
such worker, or of any third persons, as a result of or arising out of repairs and
maintenance under this Agreement, shall be borne, by the owners as they bear the costs
and expenses of such repairs and maintenance. Owners shall be responsible for and
maintain their own insurance, if any. By this Agreement, the Developer does not intend
to provide for the sharing of liability with respect to personal injury or property damage
other than that attributable to the repairs and maintenance undertaken under this
Agreement.
9. Owners shall jointly and severally defend and indemnify and hold harmless City, City's
engineer and its consultants 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, to the agent
hereunder or to any owner, any contractor, any subcontractor, any user of the storm water
treatment facilities, or to any other third persons 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 storm
water detention and treatment facilities.
10. Nothing in the Agreement, the specifications or other contract documents or City's
approval of the plans and specifications or inspection of the work is intended to include a
review, inspection acknowledgement 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 liability therefore.
11. The Owner, its successors and assigns, shall inspect the stonn water facility and submit to
the City an inspection report every 6 months for the first year following installation and
thereafter once annually. The purpose of the inspection is to assure safe and proper
functioning of the facilities. The inspection shall cover the entire facilities, outlet
structure, access roads, etc. Deficiencies shall be noted in the inspection report.
11. Chapter 11.12 of the Encinitas Municipal Code outlines in detail the nuisance abatement
process and the City's authority to require correction of any property maintenance
violation that is deemed a public health or safety hazard or threat. The City is authorized
to collect sums as appropriate for recovery of the costs for abatement of any property
maintenance violation should the property owner fail to voluntarily comply.
3
12723
12. The Owner, its successors and assigns, hereby grant permission to the City, its authorized
agents and employees, to enter upon the Property and to inspect the storm water detention
and treatment facilities upon reasonable notice whenever the City deems necessary. The
purpose of inspection is to follow-up on reported deficiencies andlor to respond to citizen
complaints. The City shall provide the Owner, its successors and assigns, copies of the
inspection findings and a directive to commence with the repairs if necessary.
13. In the event the Owner, its successors and assigns, fails to maintain thestorm water
detention and treatment facilities in good working condition acceptable to the City, the
City, its agents, or its contractors, may enter upon the Property and take the steps
necessary to correct deficiencies identified in the inspection report and to charge the costs
of such repairs to the Owner, its successors and assigns. In the event the CITY pursuant
to this Agreement, performs work of any nature, or expends any funds in performance of
said work for labor, use of equipment, supplies, materials, and the like, the Owner, its
successors and assigns, shall reimburse the City upon demand, within thirty (30) days of
receipt thereof for all actual costs incurred by the CITY hereunder. If said funds are not
paid in a timely manner, City reserves the right to file an assessment lien on the real
property with the County Recorder of County of San Diego. It is expressly understood
and agreed that the City is under no obligation to maintain or repair said facilities, and in
no event shall this Agreement be construed to impose any such obligation on the City.
14. This Agreement imposes no liability of any kind whatsoever on the CITY and the Owner
agrees to hold the CITY harmless from any liability in the event the storm water detention
system fails to operate properly.
15. It is the purpose of the signatories hereto that this instrument be recorded to the end and
intent that the obligation hereby created shall be and constitute a covenant running with
the land and any 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 these presents, including without limitation, the right
of any person entitled to enforce the terms of this Agreement to institute legal action as
provided in Paragraph 9 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.
16. The terms of this Agreement may be amended in writing upon majority approval of the
owners and consent of the City.
17. 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.
4
12724
18. It is understood and agreed that the covenants herein contained shall be binding on the
heirs, executors, administrators, successors, and assignees of each of the owners.
19. The foregoing covenants shall run with the land and shall be deemed to be for the benefit
of the land of the owners and each and every person who shall at anytime own all or any
portion of the property referred to herein.
IN WITNESS WHEREOF, the partie
This 2G -1l+ day of
...
Signature fA4 (.. ~Il '"' ..,.,
~ V~f~
Title
For Belmont Village Cardiff, L.P.,
A Delaware Limited Partnership
Developer:
Dated: +. 20 -07
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
5
12725
STATE OF TEXAS )(
COUNTY OF HARRIS )(
OnMJIo,d-4b1 ,before e ~,~~~
(name, tie of officer) appeared . -, sonally known
to me to be the person(s) }!41ose name(s 1 are subscri ed ~e within instrument and
acknowle~ to me tha1(h.d/she/they executed the same in<hWher/their authorized capacity(ies),
and that b)lhjS/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.
~~~
Notary Public
My Commission Expires:
,Jltl ko /1)
I I
12726
EXHIBIT" A"
LEGAL DESCRIPTION
A PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 13 SOUTH, RANGE 4
WEST SAN BERNARDINO MERIDIAN IN THE CITY OF ENCINIT AS, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE UNITED
STATES GOVERNMENT THEREOF AS SHOWN ON RECORD OF SURVEY MAP
NO. 19611, RECORDED IN THE OFFICE OF THE COUNTY RECORDER AS FILE
NO. 2007-0109982 ON FEBRUARY 16,2007.
12727
TEMPLE SOLEL
A.P.N. NO. 261-150-38
y ~O~RTY LINE
--
>1(
QW~ l~
I
(""''''''' """""""",ooor.
PRIVATE STORMTECH
DETENTION BASIN TO BE
PRIVATEL Y MAINTAINED
SE:LMONT V J LLAGE:
A~P~N~ NO~ 26J-J50-45
W
:::J
Z
W
>
<(
PRIVATE STORMTECH
DETENTION BASIN TO BE
PRIVATELY MAINTAINED
.
I
I 5620 FRIARS ROAD
B SAN DIEGO, CA 92110
.... 619.291.0707
~ ENOINEWNO CoMPANY (FAX)619.291.4165
@
lZICK
--
"-. PROPERTY LINE
HERBERT A. LUX
A.P.N. NO. 261-150-61
~ /IA,- ~~. S;{t(o'l
40 SCALE
EXHIBIT IIBII
BELMONT VILLAGE
CITY OF ENCINIT AS OWG #386-G
Ha" 1OJ8\ell1lIDItv..I1'..bI'Ilbl,.\Stom..~llO""""''''-
'''''''_lvet~I~I''~,,"J~~llllvt~1lIrI
....----....... --..
---r
EXHIBIT 'C'
STORM WATER DETENTION AND TREATMENT FAClllTIES
MANUFACTURER'S MAINTENANCE INFORMATION
~
i
~
!
I
..
h~
liI~E
III
Ii
.' 01
I ~
~ c
~ I
III I
o~
Q
!
Glill"i
~.c !
II) i ~ (/)
~iV'
I~.:l
.!iW"~li
'5..9 o!li~
t.s'l 'El.98N
~ I ,,~Gl~alJ!
~.. 5j~ ilj!~
! 0.. Il~ ' l~~ril
o ~11sl: ;i5~1
~, 0 - ~jQl~~S 2"Gl!Gl
~. i~J-aliJ~ ~l~ti
~ N I ..I ~!~ ~ ~ R ! - 0 ~.!l
~ 'l.J--.7 J m ~ ~ e R i ~ ~ ~.. ~ il~}
(I) L - ': t ~ 8'ii i ~ 2 ~ ~ .I s ~ i
~ ~ j 8 i ~ ~ j ~ ~ ~ ~ ~ S~ 1i
T'" .!l~EEgaili"~~'iI~~:
..~Q.~.&! ~ 0" := as .!l a: ::l ..: N :to
iI,-== .2: ~ ....: -=
c_--- --- =
;:,< a:I
..
a.
S
II)
<-
f~t
II) 1:1 ~~
.9 ~
'0
c
-
Xl
'6
~ I'
"c S 11
li~ ~~
i; I us
:1!; 20 II
ClI.c "" oS
IIi I i
lil~ ~~ ~ g.
~l ~- ~ ~
:11 ~f E 1
ED! 'Cia. 8 ~
~jllla ~ ;
a::"~Q,-I ~ 'ii
sjti~ wi Jl
~aJ'l~E~ B i
-,,! :l - "
~.I~2:-a 8 011
'i <C-3t~ ! 1-
0< iii'6 &! ~
R"
i-
us
;:; .
a. a.
J! S
Ul II)
i'i
:;
~ !
i
tiM'
Jt~-
~ 16
I u~
ii 15~~ 0
=alf~
!1l.c2
ClI,g !il' II
c-.c~
~Jlgi~
i.Si~~
Q~.!l'O
'in cII)~ic
CD COQ.=ilJ'l
'0 ~~~51!ll
~- - it ll'i"~l
as ..~~.!
c =-f1c:
:a .5fls~
"C...: N
::S!
12728
J is ~ ~
t .
. I
j ! I
) i ii' I
E I 1 I 0
~ I ~! II
I J h
il~ 0; 0
III -
"lS ~
I~I '" "!
! . 10 It)
I ~I~: ..
~ ~d cO ~
j ~~ '" !:!
.!.!~s!C
I ~ ~~s; ~
G;l