2008-46426 ,
Dc.~; ~'008-m0046426 ~
ll~li 111 ill 11M 11111 Ill Ill 1IN
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Recording Requested By: ) JAN 30, 2008 1:39 PM
LIFFICIAL FiEI.ORG"
CityFsitgirieer ~ '~,~'.P~ ~alE~,r~ r~Ol IPd7'~'REi ~~HC~E~I", ~IFFIC:E
1 _ GRELaOi`r'J. SMlTH. CiDIiPJTI' FE[;LIFIDEP
) FrES 61.00
When Recardecl Mail to.: ) PA GES: I$
City Clerk )
['.1ty Of EiEG1IlitFlS
505 South Vuluan Avenue
Encinitas, CA 92024 ) SPACE ABDVL FC7R RECQRDER'S USE QNLY
_ PRIVATE STORM WATER TREATMENT
MAINTEIVAl'wTCE AGREEMENT
Assessor's Parcel Nd. 258-272-t57-" Froject No.: 04-259TPM
~ W,O.hiu.: 443-G&I
TI-ITS AGREEMENT for the periodic maintenance and repair of that certain private stor.tn water
treatrnent facilities, the legal descnption andlor p1at of which is set farth in Exhibzts attached
heretd atid inade a part liereof, is entered iutd by RED 1?0 IN'F HC}MES, TNC., A
CAi.1FC}RI*IlA COIZPORATION
(hereizya.fter referred to as "I)eaeloper") iur tlie benefit af future awners who will use thc; privatc
stortti wat.wt.r iroalrcient faUililies (hereinaft.er referrt;rl to as " C}wner(s)", which 5ha11 include the
Developer to the extent the Developer retains any ownership interest in any land covered hy this
agreement.
WHEREAS, tliis Agreeinetit is required as a candition of approval by the City of Eftciiaitas
(}tcrcin rcfcrrcd to as "C'ity") of a dcvclopmcnt projcct and pursuant to City ul: Encinitas
Municipal Code Secti+an 24.15.060 and Section 24.29.040, and
WI-IERL-AS, Develaper is the owner of eertain real praperty as described in Exhibit "A"
t11at will use and enjoy the benefit of said storm water treatment facilities(s), said real praperty hereii7after referred to as the "property";ajld
WHEREAS, Progerty use ataci enjoy the benefit of certain faeilities fvr storrn water
treaiment and pollution contml, said facilities described in Exhibit "S" attached hereto aiid made
a part 11eTeof; and
WHEREAS, it is the &sire or lhe Develuper ihat said private storrra water treatment system
be rnaintained in a safe and usable candition by the owners; artd
WHEREAS, it is the eiesire of the f]eweioper to est.ablish a method for thc; pcrioclic
maintenance and repair of sdid privdte si.orm water treatrnent facilities ancl for the apportionment
of tlie expense of such maintenance aad repair among existing and future owners; ai1d
WHEREAS, tllere exists abenefit. to the public Ihe privatc storrn water facilities be `
adequately maintaincd cn a ragular and periodic basis in c;ompliance with Exhibit "C", the City
of Encinitas Municigal Code and other related City palicies and requirements; auld
WHEREAS, it is the intention of the Dcvclopcr tisat this Agreemeni cvnsti#ufe a covenant
1"l]S1T1F11g Wlth I.t1e 1t7IYd, binding upon eac:h successive owner af a.tl or any portion of the property.
NOW THEREFORE, IT IS HEREBY AGREED FC?It Vr-LLCIABLE C:C)N5IDERAT'[ClN
AS FOLLO'WS;
1. Thc prapcrty is benerleci by this Agreement, and present and successive awners of alt 4r
any partion vf the property are exgressly baund hereby for the benef t of the laiid.
2. `l'he private storm water t'acilities shall he constructecYby the dvwYier, its successc,rs anA
assigns, in accordance with the Flans an+d specifications identified in the Plan.
3. The cost and expense of maintairung the private storm water treaftnent facilities shall be paid by the vwner ofthe heirs, assigns and successars in interest or eacli sucli +awner.
4. Iri the event any cif the hercin dt-scribccj parccl5 Uf land are subdivided further, the
owners, heirs, assigns and successars in iiitermt of eaGh such newly created parcel shall
be liabie u.nder this Agreement far tlaeix then pro rata share of expenses and such pro ratn
shares of expenses shall be computed to reflect such newly created parceis.
5. '1'he repairs and maintetiaice to be perfot-ineci uuder this Agrecmcnt shall bc ]imited ko the
' fallowing; rcasonablc irnprnvenent.s ancl maintenance work #o adeqLtately maintain said
privatu storm water treattnent facilities in proper w4rking order as determined by
applicable Gity policies and reqttirements and ta pernv.t access to said facilities. Repairs
and mainteiiai7ce under this tlgreement shalt include, hut are: not limiteil tn, repairing
access raadbeds, repairuig aiid iilAintaining drainagc structures, rernovuig ciebris,
pcrpctually mainidininb adeqtiate grounclcuver ancjlor other erosian control measures
within the private property in arder #o prevent sedimentatian, and other work reasonably
necessary and praper ta repair and preserve the private stann water treatment facilities for
their intended purpases and ta prevent sedimetitatian in stortn water runof1: The privNtc
storm water taailiti-e-i shall bc rnaintaincd rcgularly as nucessary iU kCep the facilities in
proper Nrorking order, with a minimum maintenance frequency of twice annually. In the
event a maintenance schedule for the Storm Water 13N1P facilities (iiicluding sedirnent
reinoval) is outlined on the approved plaris, the schedule wiil hc fallowcd.
6. If thert is a covenant, aLreernent, or uther obligation for the construction of
improvements imposed as a condition of the development, the obligatinn tcr repair and
maii-itain the priva#e ste,rm water treatment facilities as lierein set forth shall comulence
wheii irnprovernents hEive been canipleced anrl approvui by the City.
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7. Any extraordinaty repair required tcr cni'rect damage to said storm water treatmelit
faeilities that i-esults frcrm action takan or contractcd for by tiie orviicrs or their succ;essurs
in interest shall be paid Fnr by thc party taking action or party contracting far wark which
cau5ed the net.essity for the extraordinary repaer. The repair shall be such as to restore #he
, storm water treatment facilities to t11e conditic,n existing prior to said damage.
9. Any fiability of tlie owners 1`or persranal injury to an agcnt hercunder, or to any warker
employed to rnake repairs or provit3e maintenance under this Agreement, or to third
persans, as well as any liability of the awners fflr datnage to the property of agent, or any
such warker, ar of any third persons, as a result of or arising out of repairs and
maintenance under tlsis Agreeznent, shall be kxnme, by the awners as ihey bear thc c:c>sts
aiid expenses of sti.cli rcPairs and maintunance. awners shall be respunsible for and
maintain thcir own insurance, if any. Sy this Agreement, the Developer does not intend -
ta pravide for ihe sharing of liability with respect to personAl injury or property damage
ather thar► that atfiributable to the repairs and inainteuance undertaken under this
Agreernent.
9. C)vwncrs shall jointly and sevtrall}+ defend ancl inciemnify and hold hdrrnless City, City's
engineer and its consultants and each of its officials, directars, afficers, agents and
ernplayees from and against all liability, claims, damages, losses, expenses, personal
injury aild ather cQSts, including casts of. defense and attorney's fees, tn the agent
hereunder or to any ovvner, any contraetiar, any subcoiitractor, any uscr of thc storrli waler
freatment facilities, or t« any tieher thircl persor,s arising out of ur in any way rclated to the
usc of; rcpair or maiiitennnce of, or ihe railure i.a repair ur main#ain the private stortn
water teeatment facilities.
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10. Nvthing in the Agreenient, the specificatiozis or otlier cantract docwnents or City's
upproval of the pluiis and specifications or iiispection ofthe wnrk is intcnded to rncludc a
review, inspcctioTti acknowlcclgc7nent of a respo.n5i6ilii.y lur any such matter, and City,
City°s wngincur and its consultanis, and each of its oIficials, directors, officers, employees
anci agents, shall have na responsibility or liability therefore.
1 I. Tlie 4wiler, its successors and assigns, shall inspect t13e storrnwater manageYnent/RIvIF
facili#y clllfl 811b(Tllt tCS tI78 City an iiispection report annually. The purpose of the -
inspecisun is [ca assure, safe ancl pruper functioning o# the facili#ies. The inspection shall
c:over the entire facilities; berrns, outlet structure, pond areas, access roads, etc.
I7eficiencies shall be iYated in the inspectian report.
11.. Ctiaptcr 11.12 of I.tie Enciriitas Municipal Codc butlines in detail the m►isance abatement
prucess and the City's authority to require correction of any property inaintenance
violation that is deemed a publie health or safety hazard or threat. The C'ity is authorizecl
to callect sums as appropriate for recouery of the costs for ahaternent of any pr.opcrty
maintenaTice violation 5hauld the praperty c}wiler fail lv voluntarily comply.
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12. Thc Owner, its successars and assigns, herEby grant permission to the City, its authorized
agents and employees, tv enter upon the Property and to inspect the storn-iwater
. management/F3MY facifities upan reasoiiable notice whenever the City deems, iiecessary. ;
The pwpose of inspectir,n is to follow-up (in rGported dericiencies and/ur to respond to
Cif13.CI1 COf1lpla]T]CS, Thc Cily shall provicie the Qwner, its successors and assigns, copies
af the inspeciiun findings ancl a clirec:tive ta commenc:e with the regairs if necessary.
13. In the event the Uwner, its successars and assigus, fails to inaintain the storniuraker
management/BMP facilities in good working coiidition acceptahle tr, the City, the City,
i#s agen#s, or its contractors, Ytiay enler upnn the Prope.rt.y and take the skt:ps ncc4ssary to
corrcet def ciencies identifieci in the inspection report and to c:hargc; the c,osts uf slich
repairs to the Owner, its successcrrs and assigns. In the event the CY'I'Y pursuant to this
Agreement, performs work of any nature, or expends any funds in perfonnanee of said
wark for labor, use af equipment, supgties, materials, and the like, the Clwner, its
suecessors and assigns, shall reimburse the (.'ity upon demand, witlrin thirty (31)) days of .
receipt tlierenf fnr a11 actual costg iiicurred by the C.[TY hcrcuntlcr. lf said funds are not
paid i« a titncly rnanncr, City reservcs the right to filc ari assessmunt: lien un the real
propcrty with the County Rccorder of County of San Diego. Ti is expressly understood
and agreed that the City is under no obligatian to maintain or repair said facilities, and in
no ewent sha11 this Ageement be canstrued to irnpose any such obligation on the City.
74. Tlzis Agreenzent icuposes no liability of any kind whatsoever on the CITY alid the 4wner
agrees ta 17o1d the C.I'TY hannless fro►n any tiahility in the event the stonnwatei•
mar.iagc.~r-ncnt/SMP fa.cilities.tail I.o operatc prapcrly.
15. It is the purlaose vf the signatories hcrctv thHt tliis instrumen# be recorded to the end and
interit that the obligation hereby createci shall be and constftute a covenant running with
the land and any subsequent purchaser of a11 or any portian #herevf, by acceptanee of
delivery of a deed and/or conveyance regardless of fotYn, shall lie deemed to have
consentecl to and hecome bound by tliese presents, including w"rtlic,ut limitatinn, the right
of zny persou entitled to enfarce t11e terln.s of this Agreement ta institute legal action as
provideci in Paragaph 9 hExcof; such remedy io be cumulativc and in ncitjition to ather.
remedies prtrvided in this Agreement anci tu all offier remec3ies at law vr in eqiiity.
16. The tern-is df #his Ag;reen-►enk may be amended in tivriting ugan majority appresval of the
ouvrters and cansent of the City.
17. This ALneement shall be guvernec.i by lhe_laws ol flre State uf California. In the event that
any of the provisions o€ this Agreement are helcl to be unenforceable ar invalid by any
caurt af carnpetent jurisdiction, the valiciity, and enforceability of the rernaining
provisions shall not he affected thereby.
18. If the Property constitutc;s a "Cumrnon Intcrest T]cvclopment" as defined in Califarnia
Civil Code Section 1351(c) which will incltide membership in or Qvvnership of ari
"Elssvciatian" as defined in Califvrnia Civil Code Section 1351(a), anything in this
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Agreement to the contrary notwithstandiilg, the followitig pravisiflns shalt apply at and
during such time as (i) the Property is encumbered by a"DecYaraCion" (as rlelinecl in
Calif4rnia Civil Cndc Sectiun 1351(h), and (ii) the Cummtrn Area af the prUperky
(inclucling the private starm water treatment facilities) is rnanaged and cantrolled by an
A.ssUCiatian:
" (a) The Assnciatian, thrdugli ifs Soard of Directars, shall repair and mainlain the
privatestorin watcr trcattnent faciiities and 5ha11 be deerned the "agent" as refcrrec} to in
Paragraph 7 above. The Assaciation, which shall not be replaced except by arnendment
to the Lleclaration, shall receive x►o compensation for perfurming such duties. 'i'he costs
of such maintenance aMd repair shall be assessed against each owner and his suhdivisian
interes# in the Property parsuant to the Declaration. Thc asscssmcnts s1ia11 he dcposited
in the Assaciation's ctxrporatc account.
(b) The provisians in the Declaration which provide far assessment liens in favor af
the AssociatiQn asand enfarcernent thereof shali supersede paragraph S of the Agreemejrt in
its entirety. No individual owners shall have the right to alter, rnaintain or repair any of -
the Cninmon Area (as defined in California Civil Cotle Secti«n 1351(b) in the Froperty
except as may bc allawcd bp thc ilccla.ration. (c) This Ageeriient shall not be interpreted in any manner, whieh reduces or limits
the Association's rights and duties pursuant to its IIylaws and Declaration,
19. lt is understood aud agreed that the covenants hareiii coiltaitied shall he hinding on the
heirs, executors, admiriistrators, successors, and a,ssignees af euch af lhe E}wners.
19, The fvrcgoinb iovGnants shall run with the ]and and shall bc deemed ta be fcrr the benefit
o:f the land af the cawners and each and every person who shall at anyfime own a11 or any
portion of the property referred to herein.
,IN WITNESS VVHEREQF, the parf.ies have execut is Agrec:menl
ThiS day of..---_--TAiYs~t~... . ~ 2001165
Deuelo ~
R.ed Pai Hq In a Cal' '~itiCarparalion
~~.~Se~E L a
Signature of I]EVELOPER. rnust &c Yiokarizcd. Attacii tho appropriat.e acknowledgement.
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ACKNOWLEDGMENT
State of California
County of Sr.",\F.G. a )
On ab os before me, ~No-r,o, e Y
(insert name and title of the officer)
personally appeared: Rz A-~ \'-)~~CY~`2~--~-~~E ~C~ D ,
who proved to me on fhe basis, of satisfactory evidence to be the person(ewhose name(s-yis/a4:e-•
subscribed to the within instrument and acknowledged to me that he/eheM-fey executed the same in
his/4e4t4e4 authorized capacity(ie~, and that by his'"e~m signature(,s'J on the instrument the. '
person(,,s~, or the entity upon behalf of which the person(4acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seaL L. OLNEY
~ • NOURY UBLIC 602F0 NIA u,
$AM DIEGO COUNTY
Si MY COa~m. ExP. AUG. 21, 2W9'r
gnature (Seal)
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Exhibit "A"
04-259 TPNt
Property Desription
PARCEL A
SOUTHERLY 14.43 FEET OF Lt}T THIRTEEfW {13} !N BLOCK "I" OF AVQCAQC]
ACFdES NQ. 5, IN THE COUNTY OF SAN DtEGfl, STATE OF CALIFORNIA,
AGCORDING TO THE N1AR NO. 2130 FILE€3 IN THE OFFICE OF 7HE COUNTY
RECC+RDER OF SAIC) 5AN DIEG4 COUNTY, SEPTEMBER 19, 1928.
PARCEL B
LOT FOURTEEh! (14) BLOCK "I" t3F A11OCADQ ACRES NO. 5, !N THE COUNTY OF
SAN QIEGC7, STATE QF CALIFORNIA, AGCORDING TQ THE MAP NO. 2130 FILE❑ IN
THE OFFICE QF THE COUNTY RECf)RDER OF SAIb SAN DIEGD GOUNTY,
SEPTEh/IBER 19, 1928.
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. • ' EXHIBIT «U~ 04-259 TPM Maintenance T e Minimum Re uireffre uenc
Storm Water Sest Mauagement Practices, Inspected monthly, repaired as needed
Gia55 SWA1e5
Drainago Facilities, intets, stormdrain Inspected mvnthly, replaced and
outlets repaired per rnanufactures'
recommendations
Privatc imprvwcments in publiu strec;ts Inspuctcxl monthly, repaired as nec,dtxl
, dnd alley, enhanced paving, sidewalks and requested bX the City
and landsca in
Privately mainfaiiied, public storm drain Annually
s stcm tlirou h ro cr
Inspection and repair (as needed) of As need+ed
irrigation sprinkler system for coniniaiz
laiidscaped areas
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CERT(F(CATION PURSUANT TO GOVERNMENT C4DE SECTION 27361.7
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~b►.~ ~vk tZGaS
Place of-Execution
I certify under penalty of perjury that this material is a true capy of the
original mafierial contained in this document.
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30'0k ~
Date Signature of Declaranfi
Type or Print Name
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4/94
RenorderFarm #R9
Recording Requested By: )
)
City Engineer )
)
When Recorded Mail to: }
City Clerk )
City of Encinitas )
505 South Vulcan Avenue ) -
Encinitas. CA 92024 ) SPACE ABOVE FOR REC4RDER'S USE ONLY
PRIVATE STORM WATER TREATMENT
MAINTENANCE AGREEMENT
Assessor's Parcel No. 258-272-67 Project No.: 04-259TPM
. WA.No.: 443-G&I
THIS AGREEMENT 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 RED POINT HOMES, INC., A
CALIFORNIA CORP4RA.TION
(hereinafter referred to as "Developer") for the benefit of futuxe owners who will use the private
storm watex treatment faciIities (hereinafter referred to as " Owner(s)", which shall include the
Developer to the extent the Developer retains any ownership interest in any land cavered by this
agreement.
WHEREAS, this Agx-eement is required as a condition of approval by the City of Encinitas
(herein referred to as "Cit}~') of a development project and pursuant to City of Encinitas
Municipal Code Sectian 24.1 &.060 and Sectian 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
treatment and pollution control, said facilities described in Exhibit "B" attached hereto and made .
a part hereaf; and
WHEREAS, it is the desire of the Developer that said private storm water treatment system
be maintained in a safe and usable condition by the owners; and
WHEREAS, it is the desire of the Developer ta establish a methad for the periodic
rriaintenance and repair of said private storm water treatment facilities and For the apportionment
of the expense of such maintenance and repair among sxisting and future owners; and
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~WHEREAS, there exists a benefit to the public the private starm water 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 awner of all or any portion af the property.
N4W THEREFORE, IT IS HEREBY AGREED FOR VALUABLE CONSIDERATION
AS FOLLOWS:
1. The property is benefited by this Agreernent, and present and successive awners of all or
any portion of the property are expressly bound hereby for the benefit of the land:
2. The private storm water facilities shal] be constructed by the Owner, its successors and
assigns, in accordance with "theplans and specificatians identified in the Plan.
3. The cost and expense of maintaining the private storm water 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 pazcels af land are subdivided further, the
owners, heirs, assigis and successors in interest af each such newly created parcel shall
be liable under this Agreement for their then pro rata share of expenses and such prv rata
shares of expenses shall be computed to reflect such newly created parcels.
5. The repairs and rnaintenance to be performed under this Agreement shall be limited to the
following: reasonable improvements and maintenance work to adequateiy maintain said
private starm water treatment facilities in proper working order as determined by
applicable Gity policies and requirements and ta permit access to said facilities. Repairs
' and maintenance under this Agreement shall include, but are not limited to, repairing
access raadbeds, repairing and maintaining drainage structures, removing debris,
~ gerpetually maintaining adequate groundcover and/or other erosion control measures
within the private property in order to prevent sedimentation, and Qther work reasanably
necessary and proper to repair and preserve the private storm water treatment facilities far
their intended purposes and ta prevent sedimentation in storm water runoff. 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 twice annually. In the
. event a maintenance schedule far the Storm Water BMP facilities (including sediment
removal) is outlined an the approved pIans, the schedule will be followed.
6. If there is a covenant, agreement, or other obligation far the construction of
improvements imposed as a condition af the development, the obligation to repair and
maintain the private starm water treatment facilities as herein set forth shall commence
when improvements have been completed and approved by the City.
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7. Any extraordinary repair required to correct damage to said starm water treatment
facilities that results from action taken or cantracted for by the owners or their successors
in interest shall be paid £or by the party talcing action or party contracting far work which
caused the necessity for the extraordinary repair. The repair shall be such as to restore the
: storm water treatment facilities to the conditia:n existing prior to said damage.
8. Any iiability of the owners for pErsonal injury to an agent hereunder, or ta any worker
employed to make repairs or pravide maintenance under this Agreement, or to third
persons, as well as any liability of the owners for damage to the praperty of agent, or any
such worker, or af any third persons, as a result of or arising out of rcpairs and
maintenance under this Agreement, shall be borne, by the owners as they beaz the costs
and expenses of such repairs and maintenance. Owners shall be responsible for and
maintain their awn insurance, if any. By this Agreement, the DeveIaper does not intend
to provide far the sharing of liability with respect to personal injury or property, damage
other than that attributable ta the repa.irs 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
emplayees from and againsfi all Iiability, claiYr►s, 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 sEorm 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 ar maintain the private storm
water treatment facilities. 10. Nathing in the Agreement, the specifications or ather contract documents or City's approval of the plans and specifications or inspection of the work is intended to includc a
review, inspectian acknowledgement of a responsibility for any such matter, and City,
City's engineer and its consultants, and each of its officials, directors, afficers, employees
and agents, shall have no responsibility or liability therefore.
11. The Owner, its successors and assigns, shall inspect the stormwater managementBMP
facility and submit ta the City an inspection report annually. The purpose of the
inspection is to assure safe and proper functioning of the facilities. The inspection shall
cover the entire facitities, berms, outlet structure, pond areas, access roads, ete.
Deficiencies sha11 be noted in the inspection repoxt.
11. Chapter 11.12 of the Encinitas Municipal Code outlines in detail the nuisance abatement
process and the City's authority to require correctian 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 casts for abatement of any property
maintenance violation should the property owner fail to voluntarily comply.
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12. The Owner, its successors and assigns, hereby grant permission to the City, its authorized
agents and ernployees, ta enter upan the Property and to inspect the stormwater
xnanagementlBMP facilities upon reasonable notice whenever the City deenns necessary.
The purpose of inspectian is to #'ollow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Owner, its successors and assigris, 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 the stormwater
management/BMP facilities in good working condition acceptable to the City, the City,
its agents, ar 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 CTTY 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 reiznburse the City apon demand, within thirty (30) days of
receipt thereof for aIl actual costs incurred by the CITY hereunder. If said funds are not
paid in a timely rnanner, City reserves the right to file an assessment liexi 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 abligation on the City.
14. This Agreement imposes no liability of any kind whatsoever on the CTTY and the Owner
agrees to hold the CITY harmless from any liability in the event the stormwater
managementBMP facilities fail to operate properly.
15. It is the purpose of the signatories hereta that this instniment be recarded ta the end and
intent that the obligation hereby created shall be and constitute a covenant nmning with
the land and any subsequent purchaser af all ar any portion thereaf, by acceptance of
delivery of a deed andlor conveyance regardless af form, shall be deerned to have
consented ta and become bound by these;presents, including withaut 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 Agreernent rnay be amended in writing upon majority approval of the
owners and consent of the City.
17. This Agreement shall be gaverned by the laws of the State of California. In the event that
any of the provisions of this Agreerrient 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 therehy.
18. If the Property constitutes a"Common Interest Development" as defined in California
Civil Code Section 1351(c) which will include nnembership in ar ownership of an
"Association" as defined in California Civil Code Section 1351(a), anything in this
4
Agreement to the contrary notwithstanding, the following provisions shall appiy at and
during such time as (i) the Property is encunnbered by a"Declaration" (as defned in
California Civil Code Section 1351(h), and (ii) the Common Area of the property
{including the private storm water treatment facilities} is managed and contralled by an
Association:
(a) The Association, through its Board of Directors, shall repair and maintain the
private storm water treatrnent facilities and shall be deemed the "agent" as referred to in
Paragraph 7 above. The AssQCiation, which shall not be replaced except by amendment
to the Declaration, shall receive no compensation for performing such duties. The casts
of such maintenance and repair shall be assessed against each owner and his subdivision
interest in the Praperty 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 ]iens in favor of
the Association and enforcement thereo#'shaIl supersede Paragraph 8 of the Agreement in
its entirety. No individual owners shali have the right to alter, maintain or repair any of
the Cammon Area (as defined in Califarnia Civil Code Section 1351(b) in the Property
except as may he allowed by the Declaration.
(c) This Agreement shall not be interpreted in any manner, whrch reduces or Iimits
the Association's rights and duties pursuant to its Bylaws and Declaration.
19. It is understood and agreed that the cavenants herein contained sha11 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 benefiE
_ of the land of the owners and each and every persan who shall at anytime own all or any
portion of the property referred to herein.
IN WITNESS WHEREOF, the parties have executed this Agreement
This day of , 2047.
Developer:
Red Point Homes, Inc., a Califomia Corporation
Signature of DEVELOPER must be notarized. Attach the appropriate acknowledgement.
5
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Exhibifi "A»
O4-259 TPM '
Praperty Desription
PARCEL A
SUUTHERLY 14.43 FEET OF Lt}T THIRTEER! {13} 1N BLOCK NI" OF AUDCADtJ
ACRES NO. 5, IN THE CQUNTY OF SAN DIEGfl, STATE OF CALIFORNlA,
AGCORDlNG TO THE MAP N0: 2130 FILE€} IN THE OFFICE OF THE COUNTY
RECQRDER OF SAID SAtV DIEGt3 COUNTY, SEPTEMBER 19, 1928.
PAR.CEL B
LOT FUEJRTEEN (14) BL4CK "E" OF AVC~CADO ACRES h10. 5, !N THE COLJNTI( OF
SAN-C?IEGCS, STATE OF CA,UFORNIA, AOCt?RDING T(7 THE MAP h10. 2130 FILED IN
THE OFFICE OF THE CQIJIdTY RECORDER OF SAID SAhJ DIEGD COUNT1(;
SERTEAIIBER 19, 192$. '
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EXH:lj1J,1:T, 46U?
04-259 TPM
iVlamtenance T e Minimum Re uireffre' uenc ,
Storm Water Sest Management Practices, Inspecterl inanthly, repaired as neecied
Grass swales Drainage Facilities, inlet5, stormdrain Inspected monthly, replaced and
Qutlets repaired per rnanufactures'
recommendations
Privatt; improvcmt:nts in public strcc;ts IispmtLA monthly, repaireci as necd txl .
. xnd alley, enhanced paviny, sidewallcs, and requested by the City
andlandsca in -
' Privately mainfained, public stc►rm drain Annually
s stcm throu h m cr '
Inspecfion and repair (as needed) of As needecl
itrigation sprinkler system for eorimoii •
laiidscaped areas
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